SB25 Alabama 2015 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2015

Title

Separation of powers of executive, legislative, and judicial branches, Article III and Amendment 582 of the Constitution of Alabama of 1901, combined into one section, Article III and Amendment 582 repealed and Article III added

Summary

A constitutional amendment to repeal current Article III and Amendment 582 and replace them with a modernized Article III on separation of powers, taking effect January 1, 2017.

What This Bill Does

It establishes three branches—legislative, executive, and judicial—and says each branch may not exercise the other branches' powers. It requires the legislature, by a simple majority in both houses, to approve any state court order that would spend state funds, with certain exceptions. It allows courts to make factual findings and issues to enforce constitutional and statutory standards. The change is presented as modernization with no substantive change, and it becomes operative on January 1, 2017, pending voter approval in an election.

Who It Affects

• State government (legislative, executive, and judicial branches) by clarifying separation of powers and restricting cross-branch power.
• Alabama voters who must approve or reject the amendment in the election.

Key Provisions

• Repeals Article III and Amendment 582 and adds a new Article III to address separation of powers.
• Section 42 establishes the three branches and states that each branch cannot exercise the powers of the others.
• Section 43 requires a simple majority vote by both houses of the Legislature before a state court order disbursing state funds becomes binding, with exceptions for eminent domain payments, taxation challenges, or other statutorily or common-law exceptions.
• Section 2 sets the operative date as January 1, 2017; Section 3-4 outline the election process and ballot language indicating modernization without substantive change.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Separation of Powers