BIRMINGHAM, Ala. (WBRC) – Amendment 1 will be the only constitutional amendment Alabama voters will consider on the March 5 primary ballot.
If passed, it would change the way lawmakers approve local bills by removing a procedural step called the budget isolation resolution, or BIR.
The Amendment on the ballot reads: “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 before the transmission of basic appropriations.”
The Alabama Constitution prioritizes lawmakers passing the budgets, calling it their “paramount duty.”
Section 71.01 requires lawmakers to pass the budgets before considering any other legislation.
That rarely, if ever, happens, so to get around this requirement, lawmakers now pass a budget isolation resolution.
BIRs require a three-fifths votes, and one must be passed before each piece of legislation is considered before the budgets.
Before Alabama voters consider Amendment 1, Alabama lawmakers overwhelming passed Senate Bill 3 during the July 2023 Special Session.
For further clarification on this issue, consider the plain language summary provided by the Secretary of State’s office: “This amendment will change Section 71.01 of the Alabama Constitution. Section 71.01 establishes the priority of the next year’s budgets over the approval of other laws by the Legislature. Currently, Section 71.01 prohibits bills or laws from being considered by the House of Representatives or the Senate before the budgets are approved by the Legislature and sent to the Governor, unless an additional vote is approved by the House and Senate of at least a three-fifths (3/5ths) vote. This amendment will change Section 71.01 to provide exceptions for the passage of local laws or local constitutional amendments. If the majority of voters vote “yes” on Amendment 1, Section 71.01 of the Alabama Constitution will be changed to allow proposed local laws and proposed local constitutional amendments to be considered before the budgets are approved and sent to the Governor without the additional three-fifths (3/5ths) vote. If the majority of voters vote “no” on Amendment 1, Section 71.01 of the Alabama Constitution will not be changed and proposed local laws and proposed local constitutional amendments will continue to require the additional three-fifths (3/5ths) vote before being considered.”
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