HB197 By Representative Poole RFD Ways and Means Education Rd 1 11-FEB-16

SYNOPSIS: Currently, the state legislature meets annually in regular session for all legislative matters including annual budgets for all funds of the state. This bill proposes an amendment to the Constitution of Alabama of 1901 to provide for regular sessions of the legislature for non-budgetary matters and for fiscal sessions of the legislature for appropriations bills for a biennial budget period for all funds of the state, and to repeal Amendment 339 to the Constitution of Alabama of 1901, now appearing as Section 76 of Article IV of the Official Recompilation of the Constitution of 1901, as amended, and Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of Article IV of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

A BILL TO BE ENTITLED AN ACT

To propose an amendment to the Constitution of Alabama of 1901, in order to provide for annual regular sessions of the legislature for non-budgetary matters and for fiscal sessions of the legislature for appropriations bills for a biennial budget period for all funds of the state and to repeal Amendment 339 of the Constitution of Alabama 1901 now appearing as Section 76 of Article IV of the Official Recompilation of the Constitution of 1901, as amended and Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of Article IV of the Official Recompilation of the Constitution of Alabama of 1901.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

Section I. Beginning in the calendar year 2017, regular sessions of the legislature shall be held annually beginning on the last Tuesday in January, or on such other day as may be prescribed by law, and shall be limited to 20 legislative days and 70 calendar days. While in regular session, the legislature may consider any bill or resolution other than bills making appropriations.

Beginning in the calendar year 2017, fiscal sessions of the legislature shall be held annually following the regular session, on the fourth Tuesday in April or other such day as may be prescribed by law, and shall be limited to 12 legislative days and 30 calendar days. While in fiscal session, the legislature shall consider only bills making basic appropriations for the two succeeding fiscal years or amending such bills as the Legislature shall determine. The basic appropriations in these bills shall be itemized and totaled for each fiscal year of the biennial budget period. Accounting shall continue to be maintained on a fiscal year basis.

Special sessions of the legislature convened in the manner provided by this Constitution shall be limited to 12 legislative days and 30 calendar days.

The salary of no officer or employee shall be increased in bills making basic appropriations, nor shall any appropriation be made therein for any officer or employee unless his employment and the amount of his salary have already been prescribed by law. All other appropriations shall be made by separate bills, each embracing but one subject.

The term “basic appropriations” means, with respect to any fiscal session of the legislature, such appropriations as the legislature may deem appropriate for the expenditures by the state during the two succeeding fiscal years that constitute the budget period for the ordinary expenses of the executive, legislative, and judicial departments of the state, for payment of the public debt, and for education.

On or before the seventh day in advance of the first legislative day of each fiscal session of the legislature, beginning with the first fiscal session after January 1, 2017, the governor shall transmit to the legislature for its consideration a proposed budget containing the appropriate subjects of appropriation for the two succeeding fiscal years that constitute the ensuing biennial budget period.

It is the paramount duty of the legislature in each fiscal session to pass a bill containing the basic appropriations for the two years that constitute the succeeding budget period. The Legislature shall prescribe by law for passing basic appropriations for the ordinary expenses of the executive, legislative, and judicial departments of the state, in annual fiscal sessions held in even-numbered calendar years, and for passing basic appropriations for education in annual fiscal sessions held in odd-numbered calendar years. These bills may contain payments for interest on the public debt as the legislature shall prescribe by law. Appropriations made from the Education Trust Fund shall be for educational purposes only. Nothing contained herein shall be construed as requiring the legislature to make any appropriation not otherwise required by this Constitution to be made, nor prohibiting the Legislature from amending any bill making appropriations in fiscal session.

Section II. Amendment 339 of the Constitution of Alabama 1901, now appearing as Section 76 of Article IV of the Official Recompilation of the Constitution of 1901, as amended and Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of Article IV of the Official Recompilation of the Constitution of Alabama of 1901, as amended, are repealed.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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 1901, to provide for annual regular and fiscal sessions of the legislature for biennial budgeting purposes and to repeal Amendment 339 of the Constitution of Alabama 1901, now appearing as Section 76 of Article IV of the Official Recompilation of the Constitution of 1901, as amended and Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of Article IV of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

"Proposed by Act ________."

This description shall be followed by the following language: