Alabama 2023 2nd Special Session

Alabama Senate Bill SB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB3ENROLLED~~
	1	+	SB3INTRODUCED
2	2		Page 0
3		-	UIFOGD-3
	3	+	UIFOGD-1
4	4		By Senator Chambliss (Constitutional Amendment)
5	5		RFD: Confirmations
6	6		First Read: 17-Jul-23
7	7		2023 Second Special Session
8	8		1
9	9		2
10	10		3
11	11		4
12		-	5 ~~SB3 EnrolledSB3 Enrolled~~
	12	+	5 UIFOGD-1 07/17/2023 THR (L)THR 2023-2544
13	13		Page 1
14		-	Enrolled, An Act,
	14	+	SYNOPSIS:
	15	+	Under the Constitution of Alabama of 2022, the
	16	+	Legislature's paramount duty in regular sessions is to
	17	+	make basic appropriations.
	18	+	This bill would provide that local laws or local
	19	+	constitutional amendments may be signed and transmitted
	20	+	before the Legislature has transmitted basic
	21	+	appropriations.
	22	+	A BILL
	23	+	TO BE ENTITLED
	24	+	AN ACT
15	25		Proposing to amend Section 71.01 of the Constitution of
16	26		Alabama of 2022, to authorize the Legislature to sign and
17		-	transmit local laws or constitutional amendments before ~~the~~
18		-	transmission of basic appropriations.
	27	+	transmit local laws or local constitutional amendments before
	28	+	the transmission of basic appropriations.
19	29		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20	30		Section 1. The following amendment to the Constitution
21	31		of Alabama of 2022, is proposed and shall become valid as a
22	32		part of the constitution when approved by a majority of the
23	33		qualified electors voting thereon at the statewide primary
24	34		election held on March 5, 2024, and in accordance with
25	35		Sections 284, 285, and 287 of the Constitution of Alabama of
26		-	2022:
27		-	PROPOSED AMENDMENT
28		-	Section 71.01 of the Constitution of Alabama of 2022,
29		-	is amended to read as follows:
30		-	"Section 71.01
31		-	(A) The following words and phrases, whenever used in
32		-	this amendment, shall have the following respective meanings:
33		-	"Basic Appropriations" means, with respect to any
34		-	regular session of the legislature, such appropriations as the
35		-	legislature may deem appropriate for the expenditures by the
36		-	state during the ensuing budget period for the ordinary
37		-	expenses of the executive, legislative and judicial
38		-	departments branches of the state, for payment of the public
39	36		1
40	37		2
41	38		3
42	39		4
43	40		5
44	41		6
45	42		7
46	43		8
47	44		9
48	45		10
49	46		11
50	47		12
51	48		13
52	49		14
53	50		15
54	51		16
55	52		17
56	53		18
57	54		19
58	55		20
59	56		21
60	57		22
61	58		23
62	59		24
63	60		25
64	61		26
65	62		27
66		-	28 SB3 ~~EnrolledSB3 Enrolled~~
	63	+	28 SB3 INTRODUCEDSB3 INTRODUCED
67	64		Page 2
	65	+	2022:
	66	+	PROPOSED AMENDMENT
	67	+	Section 71.01 of the Constitution of Alabama of 2022,
	68	+	is amended to read as follows:
	69	+	"Section 71.01
	70	+	(A) The following words and phrases, whenever used in
	71	+	this amendment, shall have the following respective meanings:
	72	+	"Basic Appropriations" means, with respect to any
	73	+	regular session of the legislature, such appropriations as the
	74	+	legislature may deem appropriate for the expenditures by the
	75	+	state during the ensuing budget period for the ordinary
	76	+	expenses of the executive, legislative and judicial
	77	+	departments branches of the state, for payment of the public
68	78		debt, and for education (excluding, however, any item within
69	79		the scope of the foregoing that is at the time provided for by
70	80		a continuing appropriation or otherwise).
71	81		"Budget Period" means a fiscal year of the state or
72	82		such period other than [a] a fiscal year as may hereafter be
73	83		fixed by law as the period with respect to which state budgets
74	84		are prepared and state appropriations are made.
75	85		(B) On or before the second legislative day of each
76	86		regular session of the legislature, beginning with the first
77	87		regular session after January 1, 1983, the governor shall
78	88		transmit to the legislature for its consideration a proposed
79	89		budget for the then next ensuing budget period.
80	90		(C) The duty of the legislature at any regular session
81	91		to make the basic appropriations for any budget period that
82		-	will commence before the first day of any succeeding regular
83		-	session shall be paramount; and, accordingly, beginning with
84		-	the first regular session held after January 1, 1983, no bill
85		-	(other than a bill making any of the basic appropriations)
86		-	shall be signed by either the presiding officer of the house
87		-	or senate and transmitted to the other house until bills
88		-	making the basic appropriations for the then ensuing budget
89		-	period shall have been signed by the presiding officer of each
90		-	house of the legislature in accordance with Section 66 of this
91		-	Constitution and presented to the governor in accordance with
92		-	Section 125 of this Constitution; provided, that this
93		-	paragraph (C) shall not affect the passage of local laws or
94		-	local constitutional amendments , the adoption of resolutions ,
95		-	or the conduct of any other legislative functions that do not
96	92		29
97	93		30
98	94		31
99	95		32
100	96		33
101	97		34
102	98		35
103	99		36
104	100		37
105	101		38
106	102		39
107	103		40
108	104		41
109	105		42
110	106		43
111	107		44
112	108		45
113	109		46
114	110		47
115	111		48
116	112		49
117	113		50
118	114		51
119	115		52
120	116		53
121	117		54
122	118		55
123		-	56 SB3 ~~EnrolledSB3 Enrolled~~
	119	+	56 SB3 INTRODUCEDSB3 INTRODUCED
124	120		Page 3
	121	+	will commence before the first day of any succeeding regular
	122	+	session shall be paramount; and, accordingly, beginning with
	123	+	the first regular session held after January 1, 1983, no bill
	124	+	(other than a bill making any of the basic appropriations)
	125	+	shall be signed by either the presiding officer of the house
	126	+	or senate and transmitted to the other house until bills
	127	+	making the basic appropriations for the then ensuing budget
	128	+	period shall have been signed by the presiding officer of each
	129	+	house of the legislature in accordance with Section 66 of this
	130	+	Constitution and presented to the governor in accordance with
	131	+	Section 125 of this Constitution; provided, that this
	132	+	paragraph (C) shall not affect the passage of local laws or
	133	+	local constitutional amendments, the adoption of resolutions
	134	+	or the conduct of any other legislative functions that do not
125	135		require a third reading; and provided further, that following
126	136		adoption, by vote of either house of not less than
127	137		three-fifths of a quorum present, of a resolution declaring
128	138		that the provisions of this paragraph (C) shall not be
129	139		applicable in that house to a particular bill, which shall be
130	140		specified in said resolution by number and title, the bill so
131	141		specified may proceed to final passage therein.
132	142		(D) Upon the signing and presentation to the governor
133	143		in accordance with the said Sections 66 and 125 of bills
134	144		making the basic appropriations, the provisions of the
135	145		foregoing paragraph (C) prohibiting the final passage of bills
136	146		in the house and senate (other than bills making any part of
137	147		the basic appropriations) shall cease to be effective and
138	148		shall not be revived or become again effective as a result of
139		-	(i) the subsequent legislative history of any bill so signed
140		-	and presented, including any veto, return with executive
141		-	amendment, or any other action, or failure to act, by either
142		-	the governor or the legislature under the provisions of the
143		-	said Section 125; or (ii) a determination, by either judicial
144		-	decree or opinion of the justices of the Alabama Supreme
145		-	Court, that any bill so signed and presented is wholly or in
146		-	part invalid.
147		-	(E) The legislature may, by statute or rule, make such
148		-	further provisions for the timely passage of bills making the
149		-	basic appropriations as are not inconsistent with the
150		-	provisions of this Constitution.
151		-	(F) Nothing contained herein shall be construed as
152		-	requiring the legislature to make any appropriation not
153	149		57
154	150		58
155	151		59
156	152		60
157	153		61
158	154		62
159	155		63
160	156		64
161	157		65
162	158		66
163	159		67
164	160		68
165	161		69
166	162		70
167	163		71
168	164		72
169	165		73
170	166		74
171	167		75
172	168		76
173	169		77
174	170		78
175	171		79
176	172		80
177	173		81
178	174		82
179	175		83
180		-	84 SB3 ~~EnrolledSB3 Enrolled~~
	176	+	84 SB3 INTRODUCEDSB3 INTRODUCED
181	177		Page 4
	178	+	(i) the subsequent legislative history of any bill so signed
	179	+	and presented, including any veto, return with executive
	180	+	amendment, or any other action, or failure to act, by either
	181	+	the governor or the legislature under the provisions of the
	182	+	said Section 125; or (ii) a determination, by either judicial
	183	+	decree or opinion of the justices of the Alabama Supreme
	184	+	Court, that any bill so signed and presented is wholly or in
	185	+	part invalid.
	186	+	(E) The legislature may, by statute or rule, make such
	187	+	further provisions for the timely passage of bills making the
	188	+	basic appropriations as are not inconsistent with the
	189	+	provisions of this Constitution.
	190	+	(F) Nothing contained herein shall be construed as
	191	+	requiring the legislature to make any appropriation not
182	192		otherwise required by this Constitution to be made.
183	193		(G) Notwithstanding any provision of this amendment,
184	194		any resolution authorizing the consideration of a bill
185	195		proposing a local law adopted before November 8, 2016 March 5,
186	196		2024, that conformed to the rules of either body of the
187	197		Legislature at the time it was adopted, is ratified, approved,
188	198		validated, and confirmed , and the application of any such
189	199		resolution is effective from the date of original adoption."
190	200		Upon ratification of this constitutional amendment, the
191	201		Code Commissioner shall number and place this amendment as
192	202		appropriate in the constitution omitting this instructional
193	203		paragraph and may make the following nonsubstantive revisions:
194	204		change capitalization, spelling, and punctuation for purposes
195	205		of style and uniformity; correct manifest grammatical,
196		-	clerical, and typographical errors; and correct incorrect
197		-	cross-references.
198		-	Section 2. An election upon the proposed amendment
199		-	shall be held in accordance with Sections 284 and 285 of the
200		-	Constitution of Alabama of 2022, and the election laws of this
201		-	state.
202		-	Section 3. The appropriate election official shall
203		-	assign a ballot number for the proposed constitutional
204		-	amendment on the election ballot and shall set forth the
205		-	following description of the substance or subject matter of
206		-	the proposed constitutional amendment:
207		-	"Proposing an amendment to the Constitution of Alabama
208		-	of 2022, to amend Section 71.01 authorizing the Legislature to
209		-	sign and transmit local laws or constitutional amendments
210	206		85
211	207		86
212	208		87
213	209		88
214	210		89
215	211		90
216	212		91
217	213		92
218	214		93
219	215		94
220	216		95
221	217		96
222	218		97
223	219		98
224	220		99
225	221		100
226	222		101
227	223		102
228	224		103
229	225		104
230	226		105
231	227		106
232	228		107
233	229		108
234	230		109
235	231		110
236	232		111
237		-	112 SB3 ~~EnrolledSB3 Enrolled~~
	233	+	112 SB3 INTRODUCEDSB3 INTRODUCED
238	234		Page 5
239		-	before the transmission of basic appropriations.
	235	+	clerical, and typographical errors; and correct incorrect
	236	+	cross-references.
	237	+	Section 2. An election upon the proposed amendment
	238	+	shall be held in accordance with Sections 284 and 285 of the
	239	+	Constitution of Alabama of 2022, and the election laws of this
	240	+	state.
	241	+	Section 3. The appropriate election official shall
	242	+	assign a ballot number for the proposed constitutional
	243	+	amendment on the election ballot and shall set forth the
	244	+	following description of the substance or subject matter of
	245	+	the proposed constitutional amendment:
	246	+	"Proposing an amendment to the Constitution of Alabama
	247	+	of 2022, to amend Section 71.01 authorizing the Legislature to
	248	+	sign and transmit local laws or local constitutional
	249	+	amendments before the transmission of basic appropriations.
240	250		Proposed by Act ____. "
241	251		This description shall be followed by the following
242	252		language:
243	253		"Yes( ) No( )."
244	254		113
245	255		114
246	256		115
247	257		116
248		-	117 Page 6
249		-	________________________________________________
250		-	President and Presiding Officer of the Senate
251		-	________________________________________________
252		-	Speaker of the House of Representatives
253		-	SB3
254		-	Senate 19-Jul-23
255		-	I hereby certify that the within Act originated in and passed
256		-	the Senate, as amended.
257		-	Patrick Harris,
258		-	Secretary.
259		-	House of Representatives
260		-	Amended and passed: 21-Jul-23
261		-	Senate concurred in House amendment 21-Jul-23
262		-	By: Senator Chambliss
	258	+	117
263	259		118
264	260		119
265	261		120
266	262		121
267	263		122
268	264		123
269	265		124
270	266		125
271	267		126
272	268		127
273	269		128
274	270		129
275	271		130
276	272		131
277		-	132
278		-	133
279		-	134
280		-	135
281		-	136
282		-	137
283		-	138
284		-	139
285		-	140
286		-	141
287		-	142
288		-	143
289		-	144
290		-	145
291		-	146
292		-	147
293		-	148
294		-	149
295		-	150
296		-	151