HB48INTRODUCED
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HB48
NL9388T-1
By Representative Hill (Constitutional Amendment)
RFD: State Government
First Read: 04-Feb-25
PFD: 01-Oct-24
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6 NL9388T-1 09/04/2024 PMG (L)bm 2024-2457
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PFD: 01-Oct-24
SYNOPSIS:
The state constitution directs the Legislature
to hold annual regular sessions of the Legislature.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to divide each regular
session of the Legislature into two separate periods.
This bill would require budget bills to pass
before convening the second period of a regular
session.
This bill would allow the Legislature, during
the second period of a regular session, to reconsider
bills passed during the first period of that regular
session which were vetoed by the Governor.
This bill would also repeal obsolete provisions
of the Constitution of Alabama of 2022.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama
of 2022, to repeal and replace Sections 48 and 125 with new
Sections 48 and 125 and to repeal Sections 48.01 and 48.02 of
the Constitution of Alabama of 2022, relating to the
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the Constitution of Alabama of 2022, relating to the
Legislature; to divide the regular legislative session into
two periods; to require the Legislature to pass budget bills
during a certain time period; to provide further for the
process of vetoes and legislative overrides; and to delete
obsolete language in the Constitution of Alabama of 2022,
relating to the Legislature.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Part 1. Sections 48 and 125 of the Constitution of
Alabama of 2022, are repealed and replaced with new Sections
48 and 125 of the Constitution of Alabama of 2022 to read as
follows:
Section 48
(a) Sessions of the Legislature shall be held in a
building designated by the Legislature as the Alabama State
House. If at any time the Governor determines, or the
President Pro Tempore of the Senate and the Speaker of the
House of Representatives jointly determine, that circumstances
exist that make meeting or remaining in the Alabama State
House impossible or dangerous, the Governor, or the President
Pro Tempore of the Senate and the Speaker of the House of
Representatives jointly, may convene the Legislature or
relocate the Legislature after it has convened to some other
suitable place for the sitting of the Legislature.
(b)(1) At the commencement of each quadrennium, the
Legislature shall convene an organizational session that shall
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Legislature shall convene an organizational session that shall
commence on the second Tuesday in January immediately after
the election of the Legislature and shall be limited to 10
consecutive calendar days.
(2) At the beginning of each organizational session and
at such other times as may be necessary, the Senate shall
elect one of its members as President Pro Tempore of the
Senate to preside over the deliberations of the Senate in the
absence of the Lieutenant Governor, and the House of
Representatives shall elect one of its members as Speaker of
the House of Representatives to preside over the deliberations
of the House of Representatives. The President Pro Tempore of
the Senate and the Speaker of the House of Representatives
shall each hold his or her respective office until a successor
has been elected and qualified.
(3) In addition to the election of the President Pro
Tempore of the Senate and Speaker of the House of
Representatives, the only business that may be transacted
during the organizational session is the following:
a. The election of other legislative officers and the
organization of the Legislature;
b. The appointment of standing committees of the Senate
and of the House of Representatives, which appointments may be
made at such other times as may be necessary;
c. The opening and publication of the returns and
declaration of the results of the election for Governor,
Lieutenant Governor, Attorney General, State Auditor,
Secretary of State, State Treasurer, and Commissioner of
Agriculture and Industries;
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Agriculture and Industries;
d. The election of any of these officers in the event
of a tie vote;
e. The determination of contested elections for these
offices;
f. The judging of the election returns and the
qualification of the members of the Legislature; and
g. The inauguration of the Governor and the other
elected state officers whose terms of office are concurrent
with that of the Governor.
(c)(1) Regular sessions of the Legislature shall be
held annually and, commencing with the 2027 Regular Session,
shall be divided into two periods.
(2) The first period of a regular session shall
commence on the first Tuesday in February and shall be limited
to 20 legislative days and 75 calendar days, at which time the
Legislature shall stand in recess.
(3) If any bill providing for the basic appropriations
for a budget period, as required pursuant to Section 71.01, is
not passed by the Legislature during the first period of a
regular session, the Legislature shall convene a special
budget session that commences the first Monday after the end
of the first period of the regular session. At this special
budget session, no bills other than budget bills providing for
basic appropriations may be introduced. Any budget bill that
was introduced and remained on the calendar during the
preceding first period may continue in its current status in
the special budget session. A special budget session convened
pursuant to this subdivision shall be limited to 12
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pursuant to this subdivision shall be limited to 12
legislative days and 30 calendar days. A second or subsequent
special budget session shall commence as described in this
subdivision until the Legislature passes all bills required
pursuant to Section 71.01.
(4) The second period of each regular session shall
commence on the first Tuesday in September and shall be
limited to 10 legislative days and 30 calendar days. Any bill
other than a budget bill which was introduced and remained on
the calendar during the first period may continue in its
current status in the second period of the same regular
session.
Section 125
(a) Every bill that has passed both houses of the
Legislature and every resolution that has passed both houses
of the Legislature shall be presented to the Governor.
(b) If the Governor approves a bill presented to him or
her, the Governor shall sign the bill. If the Governor does
not approve a bill, the Governor shall return the bill, along
with a message stating his or her objections, to the house in
which the bill originated, as follows:
(1) If the Governor's message does not propose an
amendment to the bill which would remove the Governor's
objections, the house in which the bill originated may proceed
to reconsider the bill. If a majority of the whole number
elected to that house votes for the passage of the bill, the
bill shall be sent to the other house, which shall in like
manner reconsider the bill. If a majority of the whole number
elected to that house votes for the passage of the bill, the
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elected to that house votes for the passage of the bill, the
bill shall become law.
(2) If the Governor's message proposes an amendment
that would remove the Governor's objections, the house in
which the bill originated may so amend the bill and send the
bill with the Governor's message to the other house, which may
adopt, but may not amend, the amendment. If both houses concur
in the amendment, the bill shall again be sent to the Governor
and acted on by the Governor as other bills. If the house to
which the bill is returned refuses to concur in the Governor's
amendment, the house may proceed to reconsider the bill. If a
majority of the whole number elected to that house votes for
the passage of the bill, the bill shall be sent with the
objections to the other house, which may likewise reconsider
the bill. If a majority of the whole number elected to that
house votes for passage of the bill, the bill shall become
law. If the house to which the bill is returned concurs in the
amendment, and the other house declines to concur in the
amendment, that house shall proceed to reconsider the bill as
though the bill had originated in that house, and the bill
shall again be sent to the other house, which may adopt the
bill, but may not concur in the amendment. If a majority of
the whole number elected to that house votes for passage of
the bill, the bill shall become law.
(3) All votes taken in both houses pursuant to this
subsection shall be determined by yeas and nays, and the names
of the members voting for or against the bill shall be entered
in the journals of each house, respectively.
(c) Except as provided in subsection (d), if the
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(c) Except as provided in subsection (d), if the
Governor does not take any action on a bill presented to him
or her on or before the seventh calendar day following the day
the bill was presented to the Governor, the bill shall become
law on that seventh day as if the Governor had signed the
bill, unless:
(1) The Legislature, before that seventh day, has
adjourned sine die, in which case the bill shall not become
law; or
(2) The Legislature, on that seventh day, is in recess
other than a recess between the first period and second period
of a regular session, in which case the Governor has an
additional two legislative days after the Legislature
reassembles to return the bill, along with a message stating
the Governor's objections, to the house in which the bill
originated; or
(3) The Legislature, on that seventh day, is in recess
between the first period and second period of a regular
session, in which case the Governor, on the first day of the
second period of the regular session, shall return the bill,
along with a message stating the Governor's objections, to the
house in which the bill originated. If the bill is not
returned on that first day, the bill shall become law on that
first day.
(d) Notwithstanding subsection (c), if a bill is
presented to the Governor within three days before adjournment
sine die, the Governor, on or before the tenth calendar day
following the date of adjournment, may sign and deposit the
bill with the Secretary of State, and the bill shall become
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bill with the Secretary of State, and the bill shall become
law on the date the bill is deposited with the Secretary of
State. If the bill is not signed and deposited with the
Secretary of State on or before that tenth day, the bill shall
not become law.
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, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
Part 2. Sections 48.01 and 48.02 of the Constitution of
Alabama of 2022, are repealed.
END OF PROPOSED AMENDMENT
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. 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 divide regular sessions of the Legislature into
two periods; to require the Legislature to pass budget bills
before the convening of the second period of a regular
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before the convening of the second period of a regular
legislative session; and to allow the Legislature an
opportunity to override Governor vetoes of bills passed during
the first period of a regular legislative session.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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