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Section 36-13-1
Section 36-13-1 Oath of office.
The oath required by Article 16, Section 279 of the Constitution of this state may be administered to the Governor by the presiding officer of either house of the Legislature or by any officer authorized by law to administer an oath at any place in this state.
(Code 1852, §53; Code 1867, §67; Code 1876, §65; Code 1886, §66; Code 1896, §1953; Code 1907, §550; Code 1923, §753; Code 1940, T. 55, §171.)
Section 36-13-2
Section 36-13-2 Employment of secretaries, administrative assistants, stenographers, special investigator, press secretary and counsel.
The Governor may employ an executive secretary to the Governor, a recording secretary, a principal administrative assistant, stenographers, a special investigator, press secretary and administrative assistants whenever and for such period as he may deem necessary. Whenever, in his judgment, it is expedient or necessary, the Governor may employ an attorney or attorneys to advise him in his official capacity, or to institute, conduct or appear in any court or in any civil or criminal case in which the state is interested and to agree with such counsel on his compensation. The salaries of the secretaries, principal administrative assistant, stenographers, a special investigator, press secretary and administrative assistants shall be paid as the salaries of other state employees are paid. The compensation of such counsel shall be paid in the amount and at the time agreed upon out of such funds as are appropriated to the Governor*s office.
(Code 1852, §51; Code 1867, §§ 59-61; Code 1876, §§ 57-59; Code 1886, §§ 58-60; Code 1896, §§ 1958-1960, 1964; Code 1907, §§ 555-557, 561; Acts 1911, No. 347, p. 369, § 1; Acts 1923, No. 600, p. 789, § 2; Code 1923, §§758-760, 764; Acts 1933, Ex. Sess., No. 138, p. 124, § 1; Acts 1939, No. 32, p. 33, § 1; Acts 1939, No. 107, p. 139, § 1; Code 1940, T. 55, §174; Acts 1949, No. 116, p. 143, § 1; Acts 1955, No. 387, p. 923, § 1.)
Section 36-13-3
Section 36-13-3 Defense of certain civil actions against state to recover lands.
When any civil action is instituted against any person deriving title from the state to recover any lands within the limits of the same, under pretense of any claim inconsistent with its sovereignty and jurisdiction, the Governor must provide for the defense of such civil action.
(Code 1852, §20; Code 1867, §21; Code 1876, §17; Code 1886, §17; Code 1896, §1972; Code 1907, §570; Code 1923, §774; Code 1940, T. 55, §177.)
Section 36-13-4
Section 36-13-4 Negotiation of temporary loans to meet deficiencies in Treasury.
Should any deficiency occur in the State Treasury at any time, the Governor may negotiate temporary loans, not to exceed $100,000.00, or so much thereof as may be necessary, to supply such deficiency.
(Code 1896, §1957; Code 1907, §554; Code 1923, §757; Code 1940, T. 55, §173.)
Section 36-13-5
Section 36-13-5 Copyright of statutes.
The Code Commissioner shall have each volume of the pamphlet acts of the Legislature at each session thereof and each volume of the code copyrighted for the use and benefit of the state.
(Code 1896, §1973; Code 1907, §571; Code 1923, §775; Code 1940, T. 55, §178; Act 98-676, p. 1488, §1.)
Section 36-13-6
Section 36-13-6 Mansion Fund.
There is hereby created in the State Treasury a fund to be known as the Mansion Fund. The purpose of said fund shall be to pay for all expenses incident to the operation and maintenance of the official residence of the chief executive of the State of Alabama, including all provisions, servants, upkeep and other items, and also all expenses for public or official memorials, entertainment, travel and other items incident to his office or authorized by him; except, that no part of said fund shall be used to pay the personal household expenses of the Governor or any of the members of his immediate family.
The money appropriated to said Mansion Fund shall be subject to withdrawal and expenditure upon voucher authorized, approved and certified by the Governor, upon which the Comptroller shall issue his warrant.
The expenditures from said Mansion Fund shall be limited to the amount appropriated thereto by the Legislature and shall be budgeted and allotted pursuant to the provisions of Article 4 of Chapter 4 of Title 41.
(Acts 1951, No. 489, p. 871, §§ 1-3.)
Section 36-13-7
Section 36-13-7 Authority to remove employees; exceptions.
The Governor is authorized and empowered to remove from office and discharge from employment, with or without cause, any person who holds office or employment in any of the state executive departments and agencies by virtue of appointment by the incumbent Governor or any preceding Governor, except those employees subject to the Merit System provisions.
(Acts 1939, No. 8, p. 4, § 1; Code 1940, T. 55, §180.)
Section 36-13-8
Section 36-13-8 Acceptance of federal grants and advances; requiring state agencies to meet conditions imposed thereon.
The Governor is hereby authorized and empowered to accept from the federal government or any agency or instrumentality thereof, in the name of and for the State of Alabama, grants and advances of funds and real or other personal property for any purpose of the state government not contrary to the Constitution of Alabama.
The Governor is further authorized and empowered, insofar as is not specifically prohibited by the constitution and the then existing statutes, to meet and to require, by his executive order, any other agency or instrumentality of the state government to meet the terms and conditions imposed on such grants and advances in acts of the Congress of the United States, executive orders of the President of the United States or any rule, regulation or order of any other agency or instrumentality of the federal government, it being the intent of this section to permit the State of Alabama to participate fully in grants and advances made available to it by the federal government.
The Governor may delegate such of his powers and authorities herein provided for, as he deems necessary, to any other agency or instrumentality of the state government.
(Acts 1945, No. 49, p. 51, §§ 1-3.)
Section 36-13-9
Section 36-13-9 Authority to give state agencies powers and duties required to implement federal laws, regulations, etc.
The Governor is hereby authorized and empowered to give, by his executive order, to existing agencies and instrumentalities of the state government, such powers and duties which are not in conflict with the Constitution of Alabama and which are not specifically prohibited by the then existing statutes as may be required to implement in Alabama any law, order, rule, regulation, program or plan promulgated by the federal government, or any agency or instrumentality thereof, for the welfare of the people of the United States, or as may be required, in his judgment, for the welfare of the people of the United States, or as may be required, in his judgment, for the welfare of the people of Alabama.
(Acts 1945, No. 60, p. 60, § 1.)
Section 36-13-10
Section 36-13-10 Control of property of state; exceptions.
All property belonging to the state, not including money or evidence of debt, is, unless otherwise provided by law, under the control of the Governor.
(Code 1852, §§557, 558; Code 1867, §§632, 633; Code 1876, §538; Code 1886, §§644, 645; Code 1896, §1955; Code 1907, §552; Code 1923, §755; Code 1940, T. 55, §181.)
Section 36-13-11
Section 36-13-11 Retirement allowance for former governors.
(a) All former governors of the State of Alabama upon reaching the age of 60 shall be entitled to a monthly retirement payment out of the General Fund in the State Treasury which shall equal 68 percent of the Governor*s salary if said former governor had served for one full term or less; the amount paid shall equal 100 percent of the Governor*s salary if he has served two full terms or more.
(b) All former governors of the State of Alabama, regardless of age, who sustain permanent total physical or mental disability during their terms of office, by accident or otherwise, shall be entitled to their full salary for life upon leaving office.
(c) Said payments shall be paid out of the General Fund in the State Treasury on a monthly basis each and every month once a former governor becomes eligible for such payments. A former governor eligible for compensation under subsection (b) of this section shall not receive payment under subsection (a) of this section.
(d) Disability under subsection (b) of this section shall be determined as of the date the person so entitled leaves the Governor*s office by resignation or otherwise. Proof shall be made by any interested party to the state Finance Director, who shall promptly certify the fact of disability to the state Comptroller. It shall be considered sufficient proof if three practicing physicians certify under oath that a former governor is so permanently totally disabled.
(e) Any law or part of law to the contrary notwithstanding, the state Comptroller shall cause to be deducted from the salary paid to a Governor of the State of Alabama, being subject to this section, which provides for payment of retirement benefits to former governors, 10 percent of his earnable compensation; such deduction to be deposited by the Comptroller in the General Fund in the State Treasury.
(Acts 1975, No. 343, p. 881, §§1-4; Acts 1975, 4th Ex. Sess., No. 66, p. 292, §5.)
Section 36-13-12
Section 36-13-12 Pension for widows or widowers of Governors.
Any unremarried widow or widower who was the wife or husband of any person who has held the office of Governor of Alabama during such person*s term of office as Governor shall be entitled to a pension of $1,200.00 per month, which shall be payable at the end of each month from any funds in the State Treasury not otherwise appropriated, until he or she remarries or dies.
(Acts 1969, No. 413, p. 812, § 1; Acts 1988, 1st Ex. Sess., No. 88-839, p. 312, § 1.)
Section 36-13-13
Section 36-13-13 Governor*s Councillor.
(a) There is hereby created the office of Governor*s Councillor. Every person who shall have been elected to the office of Governor of Alabama for two terms or more and who shall have attained age 60 may be entitled to become a Governor*s Councillor upon his application to the Governor and upon the Governor*s certifying his employment as such councillor. A councillor shall hold office at the pleasure of the Governor.
(b) It shall be the duty of a Governor*s Councillor, upon the request of the Governor, to provide such aid, counsel, advice and assistance as the Governor may require or direct. All reports, advice, counsel or recommendations of a councillor shall be confidential and privileged and shall not be divulged or revealed by a councillor to anybody except the Governor.
(c) A councillor shall be entitled to compensation payable from the State Treasury at the same times and in the same way that the Governor*s salary is paid, which shall be in the amount of $18,000.00 per annum.
(d) This section shall automatically expire and have no force and effect immediately upon the adoption of a constitutional amendment providing or authorizing retirement or pensions for former governors if any such constitutional amendment should be proposed in the future.
(Acts 1977, No. 596, p. 797, §§ 1-4.)
Section 36-13-14
Section 36-13-14 Provision of personnel to provide protection and security for former governors.
(a) The Department of Public Safety shall provide and maintain two personnel to provide protection and security to the person of any former governor, who while in office, sustained permanent bodily injury from any violent criminal act of another.
(b) Such personnel shall be provided beginning at the end of the term of office of any such Governor and shall continue for such time and duration as deemed necessary by such former governor.
(Acts 1978, No. 589, p. 692, §§ 1, 2.)
Section 36-13-30
Section 36-13-30 Fund created; expenditures.
There is hereby created in the State Treasury a fund to be known as the Governor*s Contingency Fund. Said fund shall be expended under the direction of the Governor, at his discretion, and shall be accounted for by him to the Legislature at each session; provided, however, that the Governor shall file with the Legislative Council on a monthly basis a list of all expenditures made by him from said fund.
(Acts 1989, No. 89-353, p. 699, §1.)
Section 36-13-31
Section 36-13-31 Authorization for expenditures; type of expenditures; limitations.
The Governor is, at his discretion, authorized to make expenditures from the Governor*s Contingency Fund for expenses incident to the purposes of state government, or as the public service might require, and for which no appropriation or an insufficient appropriation was made. Included within the authorized expenditures by the Governor, but not limiting the general purposes set forth herein, are: the ordinary expenses of the executive department of government, including but not limited to the expenses of the Governor, the Governor*s office and staff; the expenses and any compensation of commissions and committees appointed by the Governor for public purposes; expenses for law enforcement and for the better enforcement of the laws of Alabama and subdivisions thereof; expenses for keeping the peace; for compensation and expenses of attorneys and experts employed by or on behalf of the Governor, the state, its departments or agencies; as otherwise authorized by statute or practice; and for grants and benefits for the betterment of the public welfare, health, education, peace and morals of the people of this state, which grants shall be limited to the State of Alabama, its departments and agencies, and local political subdivisions, their departments, agencies, boards of education and public schools. All persons employed by the Governor for whom no compensation shall be prescribed and for the compensation of whom no money has been appropriated, may be paid by the Governor, in his discretion, and he is authorized to pay them from the Governor*s Contingency Fund. Provided, however, that the Governor may not increase the amount of compensation of any public official whose compensation is designated by law, nor may expenditures be made from the Governor*s Contingency Fund to compensate employees subject to Merit System provisions. Provided further, that funding from the Governor*s Contingency Fund shall not create a continuing obligation on the part of the state.
(Acts 1989, No. 89-353, p. 699, §2.)
Section 36-13-32
Section 36-13-32 Method of withdrawal.
The money appropriated to said Governor*s Contingency Fund shall be subject to withdrawal and expenditure upon voucher authorized, approved and certified by the Governor, upon which the Comptroller shall issue his warrant.
(Acts 1989, No. 89-353, p. 699, §3.)
Section 36-13-33
Section 36-13-33 Expenditures limited to appropriations.
The expenditures from said Governor*s Contingency Fund shall be limited to the amount appropriated thereto by the Legislature.
(Acts 1989, No. 89-353, p. 699, §4.)
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