Alabama Approval of Budget Isolation Resolution Proposing a Local Law, Amendment 14 (2016)
| Alabama Amendment 14 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic State and local government budgets, spending and finance | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The Alabama Approval of Budget Isolation Resolution Proposing a Local Law Amendment, also known as Amendment 14, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016. It was approved.
| A "yes" vote supported this proposal to guarantee the application of budget isolation resolutions to local laws passed by the legislature prior to November 8, 2016. |
| A "no" vote opposed this proposal to guarantee the application of budget isolation resolutions, opening the door for courts to strike down laws passed under the "present and voting" BIR procedure. |
Election results
| Amendment 14 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 1,041,400 | 68.7% | ||
| No | 474,519 | 31.3% | ||
- Election results from Alabama Secretary of State
Overview
Amendment design
Previously, bills passed in the Alabama Legislature prior to budget approval required a "budget isolation resolution" (BIR). These BIRs had to be passed by a three-fifths supermajority of the quorum present. More recently, the Alabama House had been passing BIRs with only three-fifths of those members who were both present and voting, requiring the support of fewer legislators.
Amendment 14 guaranteed the legitimacy of the "present and voting" interpretation of BIR voting procedure and ensured that over 600 local laws that were passed using this procedure were protected. Otherwise, courts could have struck down these local laws. For example, a Jefferson County sales tax law was struck down after it was revealed that it was passed using this BIR voting procedure.[1]
Text of measure
Ballot title
The official ballot title was as follows:[2]
| “ |
To propose an amendment to Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to ratify, approve, validate, and confirm the application of any budget isolation resolution authorizing the consideration of a bill proposing a local law adopted by the Legislature before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted.[3] |
” |
Constitutional changes
| Alabama Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI •XII •XIII •XIV • XV • XVI • XVII • XVIII |
| Local Provisions |
The measure added Section G to Amendment 448 of the Alabama Constitution:[2]
| Proposed Amendment | |||||
|---|---|---|---|---|---|
|
(G) Notwithstanding any provision of this amendment, any resolution authorizing the consideration of a bill proposing a local law adopted before November 8, 2016, 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.[3] | |||||
Full text
The full text of Amendment 14 can be found here.
Support
14 Protects Alabama led the support campaign for Amendment 4.[4]
Supporters
Legislators
Amendment 14 passed through the Alabama Senate with only four dissenters. A list of senators who voted in favor can be found here. It passed through the Alabama House of Representatives with a unanimous vote. A list of representatives who voted in favor can be found here.
Organizations
- Limestone County Commissioners[5]
- Montgomery County Commission[6]
- Association of County Commissions[7]
- Business Council of Alabama[7]
Arguments in favor
Hatton Smith, CEO Emeritus of Royal Cup Coffee, wrote the following:[8]
| “ |
If it passes, this amendment will have a profoundly positive impact on hardworking residents of all 67 counties, which is why I encourage you to vote YES on Amendment 14 on Election Day. [...] The will of the people is a powerful force – it is the lifeblood of our democracy. By voting YES to Amendment 14 on Nov. 8, you will protect the will of the people of Alabama by fighting for the local acts that make life in our state great.[3] |
” |
Del Marsh, president pro tempore of the Alabama Senate, wrote the following:[9]
| “ |
A recent court case has raised a question regarding the way the Alabama House of Representatives votes on local acts. The claim is that the House of Representatives’ process for voting on local bills is not in compliance with a technical provision to the state Constitution that was adopted more than 30 years ago. If the position of the challengers is upheld by the court, then all local bills not in compliance with that technical change to the state Constitution would be subject to being declared null and void — nearly 700 local bills impacting every county throughout Alabama fall into this category. [...] To cure this, the Legislature passed a proposed constitutional amendment that would correct this problem and leave in place the local laws that would otherwise be subject to being set aside. This amendment is on the Nov. 8 ballot. It is Amendment 14 and located near the back end of the ballot. I strongly urge all registered voters to vote on Nov. and don’t forget to vote “yes” on Amendment 14.[3] |
” |
Dr. Ray Watts, president of University of Alabama at Birmingham, Dr. William Ferniany, CEO of University of Alabama at Birmingham Health System, Mark Ingram, Director of Athletics at University of Alabama at Birmingham, and Raymond Thompson, president of University of Alabama at Birmingham National Alumni Society said the following about Amendment 14:[10]
| “ |
Amendment 14 on Alabama's November 8 ballot is good for UAB, Birmingham, Jefferson County and Alabama. It addresses a small procedural gap in the way our state House of Representatives has created hundreds of laws in Alabama for more than 30 years. A YES vote on Amendment 14 will validate all of these laws while creating no new taxes. A NO vote will halt progress in our city, county and state, and will cost Alabama's taxpayers dearly.[3] |
” |
Opposition
Opponents
Legislators
Amendment 14 received four "nay" votes in the Alabama Senate. The dissenting representatives were as follows:[11]
- Sen. Greg Albritton (R-22)
- Sen. Bill Holtzclaw (R-2)
- Sen. Paul Sanford (R-7)
- Sen. Larry Stutts (R-6)
Individuals
- Committee to Save Jefferson County Member Bob Friedman
Arguments against
Bob Friedman, a member of the Committee to Save Jefferson County, said the following:[7]
| “ |
Many people have known that the quorum procedure has been violated for years, [...] you shouldn't go to the voters to bail you out.[3] |
” |
Media editorials
Support
- The Decatur Daily wrote the following in support:[12]
| “ |
Among the most important measures on the ballot Tuesday is Amendment 14. If it fails to pass, hundreds of local laws throughout the state are at risk. The amendment would amend the constitution to validate the local laws. [...] We recommend a “yes” vote on Amendment 14.[3] |
” |
Opposition
Ballotpedia did not find any editorial board endorsements in opposition to Amendment 14. If you know of one, please email editor@ballotpedia.org.
Campaign finance
The support campaign for Amendment 14 featured one ballot question committee, 14 Protects Alabama, that received a total of $22,500.00 in cash contributions and $17,674.53 in in-kind services.[13]
No ballot question committees registered to oppose Amendment 2.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $22,500.00 | $12,500.00 | $35,000.00 | $17,150.00 | $29,650.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $22,500.00 | $12,500.00 | $35,000.00 | $17,150.00 | $29,650.00 |
Support
The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[14]
| Committees in support of Amendment 14 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| 14 Protects Alabama | $22,500.00 | $12,500.00 | $35,000.00 | $17,150.00 | $29,650.00 |
| Total | $22,500.00 | $12,500.00 | $35,000.00 | $17,150.00 | $29,650.00 |
Donors
The following were the top donors to the support committee(s).[14]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Jefferson County Commission | $0.00 | $12,500.00 | $12,500.00 |
| Birmingham Jefferson Civic Center Authority | $10,000.00 | $0.00 | $10,000.00 |
| International Wines, Inc. | $5,000.00 | $0.00 | $5,000.00 |
| United-Johnson Brothers of Alabama, LLC | $5,000.00 | $0.00 | $5,000.00 |
| Chilton County Health Care Authority | $2,500.00 | $0.00 | $2,500.00 |
Opposition
No ballot question committees registered to oppose Amendment 14.
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Path to the ballot
- See also: Amending the Alabama Constitution
According to Article 18 of the Alabama Constitution, both houses of the Alabama State Legislature were required to pass the bill by a three-fifths or 60 percent vote in order to send it to the statewide election ballot, where it would become part of the constitution upon approval by a simple majority of state voters.
The amendment, titled Senate Bill 7 (SB 7) in the Alabama Legislature, was introduced by state Rep. Robert Ward (R-14). On August 17, 2016, the Alabama State Senate approved SB 7, with 25 members voting "yea" and 4 members voting "nay." The Alabama House of Representatives voted on the amendment on August 23, 2016, and the chamber passed it unanimously with 94 "yea" votes and zero "nay" votes.[15]
Senate vote
August 17, 2016
| Alabama SB 7 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 25 | 86.21% | ||
| No | 4 | 13.79% | ||
House vote
August 23, 2016
| Alabama SB 7 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 94 | 100.00% | ||
| No | 0 | 0.00% | ||
Lawsuits
| Lawsuits overview | |
| First lawsuit | |
| Issue: Deadline for legislative referral | |
| Court: Alabama 15th Judicial Circuit Court | |
| Ruling: The deadline is not a constitutional requirement nor a state statute, rather a procedural guideline; the measure must be placed on the ballot. | |
| Plaintiff(s): Chilton County Health Care Authority | Defendant(s): Secretary of State John Merrill |
| Plaintiff argument: Secretary of state was misapplying the law; deadline was 74 days prior to the election | Defendant argument: There was no misapplication of the law and the deadline was 76 days prior to the election |
| Second lawsuit | |
| Issue: Overturning of judge's previous ruling | |
| Court: Montgomery Circuit Court | |
| Ruling: Official ruling not found; Amendment 14 remained on the ballot | |
| Plaintiff(s): Bob Friedman | Defendant(s): Secretary of State John Merrill, six state legislators |
| Plaintiff arguments: The measure could unnecessarily overturn a judge's previous ruling that stopped a Jefferson County sales tax plan | Defendant arguments: No comment yet |
Sources: Al.com
Related measures
| County and municipal governance measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Alabama | Alabama Restriction of Police and Planning Jurisdiction in Calhoun County, Amendment 10 |
Recent news
The link below is to the most recent stories in a Google news search for the terms Alabama Budget Isolation Resolution Amendment 14. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ AL.com, "Judge orders Alabama Secretary of State to add amendment to November ballot," August 27, 2016
- ↑ 2.0 2.1 Alabama Elections Division, "Summary Information for Proposed Constitutional Amendments to appear on the 2016 General Election Ballot," accessed August 31, 2016
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 14 Protects Alabama, "Home," accessed October 18, 2016
- ↑ The News Courier, "Commission pulls support of Amendment 4," accessed October 18, 2016
- ↑ Montgomery Advertiser, "County Commission votes to support Amendment 14," October 17, 2016
- ↑ 7.0 7.1 7.2 WBHM, "Supporters Say Constitutional Amendment Must Pass to Preserve Hundreds of Local Laws," October 20, 2016
- ↑ AL.com, "Voting yes for Amendment 14 validates Alabama laws," October 20, 2016
- ↑ The Anniston Star, "Op-Ed: Vote yes on Amendment 14," October 23, 2016
- ↑ AL.com, "The importance of Amendment 14 to Alabama, Birmingham and UAB," October 28, 2016
- ↑ LegiScan, "Vote: Motion to Read a Third Time and Pass," accessed September 5, 2016
- ↑ Decatur Daily, "Vote ‘yes’ on amendments 13, 14," November 4, 2016
- ↑ Alabama Electronic Fair Campaign Practices Act Reporting System, "Vote 2 Protect State Parks," accessed February 1, 2017
- ↑ 14.0 14.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedsup - ↑ LegiScan, "Votes: AL SB7 | 2016 | 1st Special Session," accessed August 31, 2016
 |
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