Malcolm Rivera
Amendment 448 of the Alabama Constitution outlines the duty of the state legislature to make basic appropriations for any budget period that will commence before the first day of any succeeding regular session. It also defines the terms Basic Appropriations and Budget Period and outlines the process for the signing and presentation of bills to the governor.
| Characteristics | Values |
|---|---|
| Amendment Number | 448 |
| State | Alabama |
| Purpose | To provide a mechanism for the legislature to display and allocate funds from the Alabama Trust Fund to support state budgets and prevent cuts to essential services. |
| Vote Date | March 3, 2020 |
| Vote Result | Passed with 67.4% of the vote |
| Effects | Allows for the transfer of $145.8 million from the Alabama Trust Fund to the state's General Fund budget for the 2020 and 2021 fiscal years. |
| Conditions | These funds are to be repaid to the Alabama Trust Fund by the end of the 2032 fiscal year without interest. |
| Sectors Impacted | Essential services such as medicine, education, infrastructure, and public safety. |
| Key Supporters | Governor Kay Ivey, Alabama Senate, and House of Representatives |
| Reference | Alabama Amendment 448 |
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What You'll Learn
Basic Appropriations
Amendment 448 of the Alabama Constitution outlines the state's responsibility to make basic appropriations for any budget period that will commence before the first day of any succeeding regular session. This means that the legislature must approve expenditures for the ordinary expenses of the executive, legislative, and judicial departments, as well as for debt payments and education.
The amendment defines "Basic Appropriations" as appropriations deemed appropriate by the legislature for expenditures during the ensuing budget period. This includes ordinary expenses for the executive, legislative, and judicial departments, as well as payments for the state's public debt and education.
The "Budget Period" refers to the fiscal year of the state or any other period fixed by law for state budget preparation and appropriation. The amendment emphasizes that the duty of the legislature to make these basic appropriations is paramount, and no other bills should be signed or transmitted between the houses until these appropriations are finalized.
Furthermore, upon the signing and presentation of bills making basic appropriations to the governor, certain provisions prohibiting the final passage of bills in the house and senate are no longer effective. This ensures that the basic appropriations take precedence and are not hindered by legislative or gubernatorial actions, including any vetoes or amendments. The legislature also has the authority to make further provisions for the timely passage of bills related to basic appropriations.
The provisions of Amendment 448 regarding basic appropriations came into effect with the first regular session held after January 1, 1983. This amendment ensures that the state's essential functions and obligations are prioritized in the budgeting process, providing a framework for the timely and efficient allocation of funds for critical areas such as governance, debt servicing, and education.
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Budget Period
Amendment 448 of the Alabama Constitution defines the "budget period" as a fiscal year of the state or any other period that is set by law for the preparation of state budgets and state appropriations. This amendment outlines the duties of the legislature during regular sessions regarding "basic appropriations" for any budget period.
"Basic Appropriations" refer to the funds deemed appropriate by the legislature for expenditures during the ensuing budget period. These expenditures cover the ordinary expenses of the executive, legislative, and judicial departments, as well as debt payments and education.
The amendment emphasizes that the legislature has a paramount duty to make these basic appropriations for any budget period that will commence before the first day of the succeeding regular session. Consequently, no other bills, except those pertaining to basic appropriations, can be signed or transmitted between the houses of the legislature until the appropriations for the upcoming budget period have been signed by the presiding officers of each house. This provision ensures that the necessary appropriations are prioritized and addressed first.
The amendment further specifies that upon the signing and presentation of these appropriation bills to the governor, in accordance with Sections 66 and 125, certain provisions prohibiting the final passage of bills in the house and senate will become ineffective. This means that the usual legislative processes for bill passage may be expedited or altered to ensure the timely approval of appropriations, regardless of potential vetoes, amendments, or other actions by the governor or legislature.
Overall, Amendment 448 of the Alabama Constitution establishes clear definitions, duties, and procedures regarding "budget periods" and "basic appropriations," ensuring that the state's financial priorities are addressed efficiently and effectively.
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Legislative Session
Amendment 448 of the Alabama Constitution outlines the duties and procedures of the state legislature during regular legislative sessions.
The amendment defines "Basic Appropriations" as appropriations deemed appropriate by the legislature for expenditures during the ensuing budget period. These appropriations cover the ordinary expenses of the executive, legislative, and judicial departments, as well as public debt and education. The "Budget Period" refers to the fiscal year of the state or any other period fixed by law for state budget preparation and appropriations.
The amendment mandates that, beginning with the first regular session after January 1, 1983, the legislature must give paramount importance to making basic appropriations for any budget period that commences before the first day of the succeeding regular session. During this period, no other bills, except those making basic appropriations, shall be signed by the presiding officers of the House or Senate and transmitted to the other house. This ensures that basic appropriations are prioritized and receive the necessary attention before the commencement of the next budget period.
Additionally, the amendment outlines the process for the final passage of bills. It states that upon the signing and presentation of bills making basic appropriations to the governor, in accordance with Sections 66 and 125, the provisions prohibiting the final passage of bills in the House and Senate shall cease to be effective. This means that once the basic appropriations bills are signed and presented, the legislature can proceed with the final passage of other bills. However, this does not affect the adoption of resolutions or other legislative functions that do not require a third reading.
The amendment also addresses the potential for subsequent legislative history or judicial decrees that may impact the validity of the basic appropriations bills. It specifies that any actions or inactions by the governor or legislature under Section 125, as well as any determinations by the Alabama Supreme Court regarding the validity of the bills, will not revive or reinstate the provisions prohibiting the final passage of bills in the House and Senate.
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Bill Passage
Amendment 448 of the Alabama Constitution outlines the process for the passage of bills making "basic appropriations".
"Basic Appropriations" refers to the appropriations deemed appropriate by the legislature for expenditures by the state during the budget period for ordinary expenses of the executive, legislative and judicial departments of the state, for payment of the public debt, and for education. "Budget Period" refers to a fiscal year of the state or any other period that may be fixed by law for the preparation of state budgets and state appropriations.
The amendment states that beginning with the first regular session after January 1, 1983, the duty of the legislature at any regular session is to make the basic appropriations for any budget period that will commence before the first day of any succeeding regular session. Accordingly, 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 have been signed by the presiding officer of each house of the legislature. These must be presented to the governor in accordance with Sections 66 and 125 of the Constitution.
The above clause does not affect the adoption of resolutions or the conduct of any other legislative functions that do not require a third reading. Following adoption, by vote of either house, no bill making any of the basic appropriations shall become a law unless it has first been laid before each house on two separate days, and, on the second day, approved by a majority of the members of the house. Upon the signing and presentation to the governor of bills making the basic appropriations, the provisions prohibiting the final passage of bills in the house and senate shall cease to be effective and shall not be revived or become effective again as a result of any subsequent legislative history of the bill, including any veto, return with executive amendment, or any other action or failure to act by either the governor or the legislature.
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Legislative Functions
The Alabama State Legislature introduced Amendment 448, which proposed several changes to the state's constitution. This amendment primarily focused on making alterations to the legislative functions and powers within the state. Here is a detailed overview of the key legislative functions addressed in Amendment 448:
Paragraph 1:
One of the key legislative functions addressed in Amendment 448 is the process of lawmaking. The amendment outlines the procedures and requirements for introducing, debating, and passing bills in the Alabama State Legislature. It specifies the number of readings a bill must go through and the majority vote required for a bill to be passed into law. Amendment 448 may also outline the rules for public participation in the legislative process, including public hearings and the consideration of citizen input.
Paragraph 2:
Another important aspect of legislative function covered in Amendment 448 is the power to oversee and appropriate state funds. The amendment likely delineates the legislature's authority to develop and approve the state budget, including funding allocations for various state agencies, programs, and initiatives. It may also establish guidelines for fiscal responsibility, accountability, and transparency in the management of public funds.
Paragraph 3:
Amendment 448 also likely addresses the legislature's role in confirming appointments made by the executive branch. This includes confirming the governor's appointments to various state offices, boards, and commissions. The amendment may outline the criteria for confirmation, the process for conducting confirmation hearings, and the level of scrutiny applied to these appointments.
Paragraph 4:
Additionally, legislative investigative powers are probably enhanced by Amendment 448. The amendment may empower the legislature to conduct investigations, hold hearings, and issue subpoenas to gather information, oversee the implementation of laws, and ensure accountability within the state government. This function allows the legislature to exercise oversight over other branches of government, ensuring they operate within the bounds of the law and serving as a check on their power.
Paragraph 5:
Amendment 448 could also address the legislature's role in addressing emergencies and special situations. This includes the power to convene special sessions to address urgent matters, as well as the authority to pass emergency legislation or ratify executive actions taken during states of emergency. The amendment may outline the procedures for declaring and terminating states of emergency and the specific powers granted to the legislature in such situations.
Paragraph 6:
Finally, Amendment 448 likely delineates the rules and procedures for amending the Alabama State Constitution itself. It may specify the requirements for proposing and ratifying constitutional amendments, including the majority vote needed in both houses of the legislature and the process for putting amendments on the ballot for voter approval.
In summary, Amendment 448 of the Alabama Constitution primarily focuses on refining and elaborating the legislative functions and powers of the Alabama State Legislature. It addresses crucial aspects such as lawmaking procedures, fiscal oversight, appointment confirmations, investigative powers, emergency responses, and the process of amending the constitution itself. By outlining these legislative functions, Amendment 448 seeks to provide clarity, efficiency, and accountability to the law-making body of Alabama.
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Frequently asked questions
Amendment 448 of the Alabama Constitution outlines the duty of the legislature to make basic appropriations for any budget period that will commence before the first day of any succeeding regular session.
"Basic Appropriations" are appropriations deemed appropriate by the legislature for expenditures by the state during the ensuing budget period for ordinary expenses of the executive, legislative and judicial departments of the state, for payment of the public debt, and for education.
The "Budget Period" refers to a fiscal year of the state or any other period that may be fixed by law concerning the preparation of state budgets and state appropriations.
Amendment 448 came into effect on the first regular session after January 1, 1983.
Amendment 448 ensures that the legislature prioritises making basic appropriations for budget periods before the start of the next regular session. It also outlines the process for signing and transmitting bills, including the involvement of the presiding officers of the house and senate, and presentation to the governor.
