SB35 Alabama 2015 1st Special Session

Under Section 71 of the Constitution of Alabama of 1901, the general appropriation bill is limited to appropriations for the ordinary expenses of the executive, legislative, and judicial departments of the state, for interest on the public debt, and for the public schools. The courts have construed this language to not allow appropriations for postsecondary education in the general appropriation bill

This bill would amend Section 71 to provide that the general appropriation bill includes appropriations for ordinary expenses of public education rather than public schools, thereby allowing appropriations for postsecondary education in the general appropriation bill. The bill would also require at least 54 percent of the appropriation of all state funds in the general appropriation bill to be for public education and limit the appropriation to the Medicaid Program and the Department of Corrections to 15 and 4.5 percent, respectively, of the total appropriations of all state funds. The maximum limits could be exceeded by a three-fifths vote of the elected members of each house. The amendment would also repeal the Education Trust Fund Rolling Reserve Act

Proposing an amendment to Section 71 the Constitution of Alabama of 1901, relating to the general appropriation bill; to authorize the general appropriation bill to contain appropriations for postsecondary education; to require the appropriation of at least 54 percent of the total appropriations of all state funds in the general appropriation bill for public education; to limit the appropriation to the Alabama Medicaid Agency to 15 percent of the total appropriations of all state funds; to limit the appropriation to the Alabama Department of Corrections to four and one half percent of the total appropriations of all state funds; to provide that the maximum limits may be exceeded only if the appropriations bill is passed with an affirmative vote of three-fifths of the elected members of each house of the Legislature; and would repeal the Education Trust Fund Rolling Reserve Act.