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UIFOGD-3
By Senator Chambliss (Constitutional Amendment)
RFD: Confirmations
First Read: 17-Jul-23
2023 Second Special Session
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Enrolled, An Act,
Proposing to amend Section 71.01 of the Constitution of
Alabama of 2022, to authorize the Legislature to sign and
transmit local laws or constitutional amendments before the
transmission of basic appropriations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed and shall become valid as a
part of the constitution when approved by a majority of the
qualified electors voting thereon at the statewide primary
election held on March 5, 2024, and in accordance with
Sections 284, 285, and 287 of the Constitution of Alabama of
2022:
PROPOSED AMENDMENT
Section 71.01 of the Constitution of Alabama of 2022,
is amended to read as follows:
"Section 71.01
(A) The following words and phrases, whenever used in
this amendment, shall have the following respective meanings:
"Basic Appropriations" means, with respect to any
regular session of the legislature, such appropriations as the
legislature may deem appropriate for the expenditures by the
state during the ensuing budget period for the ordinary
expenses of the executive, legislative and judicial
departments branches of the state, for payment of the public
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debt, and for education (excluding, however, any item within
the scope of the foregoing that is at the time provided for by
a continuing appropriation or otherwise).
"Budget Period" means a fiscal year of the state or
such period other than [a] a fiscal year as may hereafter be
fixed by law as the period with respect to which state budgets
are prepared and state appropriations are made.
(B) On or before the second legislative day of each
regular session of the legislature, beginning with the first
regular session after January 1, 1983, the governor shall
transmit to the legislature for its consideration a proposed
budget for the then next ensuing budget period.
(C) The duty of the legislature at any regular session
to make the basic appropriations for any budget period that
will commence before the first day of any succeeding regular
session shall be paramount; and, accordingly, beginning with
the first regular session held after January 1, 1983, no bill
(other than a bill making any of the basic appropriations)
shall be signed by either the presiding officer of the house
or senate and transmitted to the other house until bills
making the basic appropriations for the then ensuing budget
period shall have been signed by the presiding officer of each
house of the legislature in accordance with Section 66 of this
Constitution and presented to the governor in accordance with
Section 125 of this Constitution; provided, that this
paragraph (C) shall not affect the passage of local laws or
local constitutional amendments , the adoption of resolutions ,
or the conduct of any other legislative functions that do not
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require a third reading; and provided further, that following
adoption, by vote of either house of not less than
three-fifths of a quorum present, of a resolution declaring
that the provisions of this paragraph (C) shall not be
applicable in that house to a particular bill, which shall be
specified in said resolution by number and title, the bill so
specified may proceed to final passage therein.
(D) Upon the signing and presentation to the governor
in accordance with the said Sections 66 and 125 of bills
making the basic appropriations, the provisions of the
foregoing paragraph (C) prohibiting the final passage of bills
in the house and senate (other than bills making any part of
the basic appropriations) shall cease to be effective and
shall not be revived or become again effective as a result of
(i) the subsequent legislative history of any bill so signed
and presented, including any veto, return with executive
amendment, or any other action, or failure to act, by either
the governor or the legislature under the provisions of the
said Section 125; or (ii) a determination, by either judicial
decree or opinion of the justices of the Alabama Supreme
Court, that any bill so signed and presented is wholly or in
part invalid.
(E) The legislature may, by statute or rule, make such
further provisions for the timely passage of bills making the
basic appropriations as are not inconsistent with the
provisions of this Constitution.
(F) Nothing contained herein shall be construed as
requiring the legislature to make any appropriation not
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otherwise required by this Constitution to be made.
(G) Notwithstanding any provision of this amendment,
any resolution authorizing the consideration of a bill
proposing a local law adopted before November 8, 2016 March 5,
2024, that conformed to the rules of either body of the
Legislature at the time it was adopted, is ratified, approved,
validated, and confirmed , and the application of any such
resolution is effective from the date of original adoption."
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, spelling, and punctuation for purposes
of style and uniformity; correct manifest grammatical,
clerical, and typographical errors; and correct incorrect
cross-references.
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state.
Section 3. The appropriate election official shall
assign a ballot number for the proposed constitutional
amendment on the election ballot and shall set forth the
following description of the substance or subject matter of
the proposed constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to amend Section 71.01 authorizing the Legislature to
sign and transmit local laws or constitutional amendments
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before the transmission of basic appropriations.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( )."
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB3
Senate 19-Jul-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 21-Jul-23
Senate concurred in House amendment 21-Jul-23
By: Senator Chambliss
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