WHEREAS the Alabama Legislature at its 2023 Second Special Session enacted Act No. 2023-562 (SB3), proposing an amendment to the Constitution of Alabama of 2022;
WHEREAS, in conformity with Section 284 of the Constitution of Alabama of 2022, as amended, the Legislature has ordered an election by the qualified electors of the state upon such proposed amendment; and
WHEREAS notice of this election, together with the proposed amendment, is required by law to be given by proclamation of the Governor, which shall be published once a week for at least four successive weeks immediately preceding the day appointed for the election;
NOW, THEREFORE, I, Kay Ivey, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, March 5, 2024, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 2022 of the State of Alabama:
AMENDMENT PROPOSED BY ACT NO. 2023-562
“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 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 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 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, 2016March 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.”
FURTHER, I proclaim and direct that this proclamation shall be published once a week for the four successive weeks immediately preceding Tuesday, March 5, 2024, in every county as required by law.
AM_Feb 7, 14, 21, 28
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