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Alabama Rules Governing Allocation of State Park Funds, Amendment 2 (2016)

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Alabama Amendment 2
Flag of Alabama.png
Election date
November 8, 2016
Topic
Forests and parks
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

2016 measures
Seal of Alabama.png
March 1
Amendment 1 Approveda
November 8
Amendment 1 Approveda
Amendment 2 Approveda
Amendment 3 Approveda
Amendment 4 Approveda
Amendment 5 Approveda
Amendment 6 Approveda
Amendment 7 Approveda
Amendment 8 Approveda
Amendment 9 Defeatedd
Amendment 10 Approveda
Amendment 11 Approveda
Amendment 12 Defeatedd
Amendment 13 Approveda
Amendment 14 Approveda
Polls
Voter guides
Campaign finance
Signature costs

The Alabama Rules Governing Allocation of State Park Funds Amendment, also known as Amendment 2, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016.[1] It was approved.

A "yes" vote supported this proposal to prohibit reallocating state park funds for other uses and allow the Department of Conservation and Natural Resources to contract with non-state entities for the operation and maintenance of land and facilities that are part of the state park system.
A "no" vote opposed this proposal, allowing the Alabama State Legislature to continue to move funds from the state park budget to other uses and maintaining the constitutional requirement that only state entities can operate or maintain property in the state park system.

Election results

Amendment 2
ResultVotesPercentage
Approveda Yes 1,414,033 79.74%
No359,35420.26%
Election results from Alabama Secretary of State

Overview

From 2011 to 2015, the Alabama State Legislature reallocated $15 million from the state parks budget to the general fund, and soon after five state parks closed and other parks limited their services and hours of operation. All park reserve funds were exhausted as well. After negative public reaction to five parks closing in 2015 and intensified lobbying efforts by Alabama State Parks Partners, the legislature proposed this amendment to ensure that future state park funds would not be allocated to other uses. About 86.5 percent of the state parks budget comes from guest fees, with about $7.6 million of the $37 million annual budget coming from taxes.[2]

The second provision of Amendment 2 concerned contracting out the operation and maintenance of state park land and facilities to non-state entities. In 1998, Alabama voters approved a bond measure, which issued $110,000,000 in bonds for state park maintenance. This measure, which was ratified into the state constitution as Amendment 617, also created a condition that prohibited any further privatization of state parks by out-of-state corporations. Amendment 2 provided exceptions to the state constitution's requirement that all property within the state park system be run by state entities.[1][3][4]

See also: Alabama state budget and finances

Text of measure

Ballot title

The official ballot title was as follows:[1]

Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently designated pursuant to statute for the use of the state parks system from being transferred for another purpose other than the support, upkeep, and maintenance of the state parks system.

Notwithstanding, in the event that guest revenues to the State Parks Revolving Fund exceed the threshold of $50 million (as annually adjusted based on increases in the consumer price index) in a fiscal year, the sales and use and cigarette tax revenue distributed to benefit the State Parks System shall be reduced in the following fiscal year. The amount of the reduction shall correspond to the amount of guest revenue to the State Parks Revolving Fund exceeding the threshold. The amount of tax revenue not distributed to benefit the State Parks System shall be distributed to the General Fund.

Proposing an amendment to Amendment 617 of the Constitution of Alabama of 1901, to allow the Department of Conservation and Natural Resources the option to provide for the operation and management, by non-state entities, of hotels, golf courses, and restaurants at any applicable state parks in Alabama.[5]

Language error

Language included in some absentee ballots sent out early in the voting process by the Alabama Secretary of State was incorrect in that it was missing the first two paragraphs. The language was fixed on ballots sent out after the initial batch containing the error.[6]

Support

ALStateParksPartners.png

Supporters

  • Alabama State Parks Partners

Arguments in favor

Sandra Burroughs, vice president of the Alabama State Parks Partners Coalition, said,[7]

We all have memories of growing up in a state park or going down to a state park for a family reunion or get together and we want that to continue. These parks were built for the people and they belong to the people and that's how they should stay.[5]

Philip Darden, chair of Alabama State Parks Partners, said,[8]

A 'yes' vote for Amendment 2 will help our state park system become viable and support itself. ... With money being taken away, it's difficult to operate. And when your budget's wrecked, you don't have the ability to take care of things you've planned on.[5]

State Sen. Clay Scofield (R-9), wrote an op-ed on AL.com, saying,[9]

In addition to beautiful landscapes, world-renowned habitats and countless opportunities to enjoy the outdoors, Alabama's State Parks provide a significant economic benefit to the state: approximately $375 million a year, according to the Alabama State Parks 75th Anniversary Report. Amendment #2 is our opportunity to safeguard funding to support Alabama State Parks so future generations can also have vivid memories of our Sweet Home.[5]

Edward O. Wilson, university research professor emeritus at Harvard University, James B. McClintock, endowed university professor of polar and marine biology at the University of Alabama at Birmingham, and R. Scot Duncan, professor of biology at Birmingham Southern College, wrote the following:[10]

If passed, the amendment will ensure that funds budgeted to operate our state parks remain stable from year to year. We urge all residents of this great state to support our state parks and vote YES in favor of Amendment 2.[5]

Greg Lein, director of the Alabama State Parks, said the following about Amendment 2:[11]

There is no intention by the parks system staff or our supporters to change how your parks are operated and managed. If parks and facilities are succeeding, we are going to keep doing whatever it is that is obviously working. If we have parks or facilities failing, we should have options to take that burden off the system while allowing businesses the opportunity to continue to operate them if they choose to do so. If we want to ensure we have a well-maintained parks system and that money spent at the parks stays at the parks, we encourage you to vote YES for Amendment 2. A "No" vote will guarantee more uncertainty for our state parks system and its future.[5]

Opposition

Opponents

  • Charley Grimsley, former commissioner of Alabama's Conservation and Natural Resources[12]
  • Bil Baxley, former Lt. Gov.[13]

Arguments against

Opponents made the following arguments against Amendment 2:[12][14][15]

  • Amendment 2 would allow the privatization of state parks.
A provision in Amendment 2 allows the state to contract with third parties for the maintenance and operation of state park facilities and properties.
  • Amendment 2 would allow privately owned companies to charge entrance fees for state parks.
Opponents argued that, after contracts were made with private companies, they could charge higher entrance fees and potentially make state parks too expensive for some state residents.
  • Amendment 2 would result in the improper maintenance and the deterioration of state parks.
Opponents argued that in the past the state leased state park lodges to private companies that made a large profit but did not adequately maintain the lodges. Ultimately, voters approved a $110 bond issue in 1998 to fund the repair of state park property, including the state park lodges.
  • Amendment 2 would provide more unnecessarily earmarked revenue.
Opponents argued that prohibiting the use of revenue designated for state parks for any other purpose could put state legislators in a bind, decreasing the amount of freedom they would have in their ability to determine how to best utilize state money.

Charley Grimsley, former commissioner of Conservation and Natural Resources, State of Alabama, wrote an opinion piece in opposition to Amendment 2. An excerpt is below:[12]

Amendment 2 on State Parks has been advertised as a way to protect state park revenues. If that were all it did, it would be good. But like a Trojan horse, hidden inside is something you probably didn't know. Amendment 2 would allow state park privatization, and turning our state parks over to private corporations is something we should never do.

[...]

And if the politicians implement Amendment 2 like they did with the Hilton contract for the luxury hotel currently being constructed at Gulf State Park, they will lease the parks without competitive bid. The companies would charge you whatever they want, and many people would be priced out of our state parks forever.

[...]

State park privatization was a bad idea the first time, and it is a bad idea now. On November 8, Vote "No" on Amendment 2.[5]

Bill Baxley, former Alabama attorney general and lieutenant governor, wrote the following in a letter to the editor:[13]

Gov. Robert Bentley has buried a “poison pill” in the fine print of Amendment No. 2 that will privatize our state parks unless voters read, understand and reject it.

[...]

Because a $110,000,000 bond issued that Alabama voters approved in 1998 (this bond money has already been spent on state parks) specifically requires that they not be privatized. The reason for this is that ordinary and average Alabamians will be shut out of hotels and golf courses at our state parks by high fees they cannot possibly afford.

[...]

Gov. Bentley’s desire to repeal Amendment No. 617 is appalling. Preventing out-of-state private corporations pricing us out of our own state parks is what he should be doing, and what a NO vote to Amendment No. 2 on Nov. 8 will do.[5]

Media editorials

Support

The Montgomery Advertiser endorsed Amendment 2 on May 1, 2016, saying:[16]

Last year, state legislatures transferred $3 million out of the system’s service fees and maintenance budget pots, steep cuts that led to the closure of five parks in October.

[...]

Its passage will restore financial stability to the parks system, including the ability to plan ahead for needed maintenance and improvement projects.

Alabama’s parks help preserve Alabama’s natural resources, sustain the economies of nearby towns and raise quality of living standards that matter to industries looking for new locations to build facilities.

Let’s keep them open.[5]

The Anniston Star published an editorial on April 29, 2016, saying:[17]

We’re not suggesting that protecting Alabama State Parks’ funding is more important than repairing the state’s failing prison system or properly paying for public education. Those comparisons aren’t fair. But Alabamians from all corners of the state shouted loudly last year when lawmakers’ failure to create new revenue led to the closing of five state parks and threatened the entire system. That same energy should be pumped into support of this constitutional amendment. Alabama’s state parks are too valuable to leave unprotected.

[5]

The Star published another support editorial in October 2016.[18]

Opposition

  • The New American Journal:[19]

The poor people of Alabama are being hoodwinked by their government, again. And it seems every conservation and environmental group in the state and a few decent newspapers are being taken in too.

[...]

The New American Journal Editorial Board stands with Grimsley and Baxley and advocates a big, fat NO vote on Amendment 2 Nov. 8. While the weak state environmental groups say there is little choice to protect state funding for the parks but to accept this devil’s compromise, we say that’s not true. Vote down this thinly veiled scheme to privatize the parks and fight for more funding for state parks in future legislative sessions.[5]

Background

Amendment 2 deals with the topic of forests and parks and state and local government budgets, spending and finance. Previously, two other measures have appeared on Alabama statewide ballots on the topic of forests and parks. Amendment 22 in 1982 permitted the state government to levy taxes on acreage to support forest fire protection in Winston County. And, Amendment 1 in 1992 allowed the acquisition and maintenance of "unique land and water areas" in the state. At least 75 other measures have appeared on Alabama statewide ballots on the topic of state and local government budgets, spending and finance going back to 1932.

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

The support campaign for Amendment 2 featured one ballot question committee, Vote 2 Protect State Parks, that received a total of $62,084.53 in contributions, consisting of $44,410.00 in cash donations and $17,674.53 in in-kind services. The support campaign spent a total of $42,386.41 in cash.[20]

No ballot question committees registered to oppose Amendment 2.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $44,410.00 $17,674.53 $62,084.53 $42,386.41 $60,060.94
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $44,410.00 $17,674.53 $62,084.53 $42,386.41 $60,060.94

Support

The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[21]

Committees in support of Amendment 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Vote 2 Protect Parks $44,410.00 $17,674.53 $62,084.53 $42,386.41 $60,060.94
Total $44,410.00 $17,674.53 $62,084.53 $42,386.41 $60,060.94

Donors

The following were the top donors to the support committee(s).[21]

Donor Cash Contributions In-Kind Contributions Total Contributions
The Nature Conservancy in Alabama $9,000.00 $17,674.53 $26,674.53
League of Conservation Voters $15,000.00 $0.00 $15,000.00
Alabama Power $5,000.00 $0.00 $5,000.00
Thompson Engineering, Inc. $5,000.00 $0.00 $5,000.00
Volkert Inc. $5,000.00 $0.00 $5,000.00

Opposition

No ballot question committees registered to oppose Amendment 2.

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. If the amendment is approved by a simple majority of the electorate, it becomes part of the constitution.

The amendment, titled Senate Bill 260 (SB 260) in the Alabama Legislature, was introduced by Sen. Clay Scofield (R-9) on February 17, 2016. On March 22, 2016, the Alabama Senate approved SB 260. The House passed the bill on April 20, 2016.[22]

Senate vote

March 22, 2016

Alabama SB 260 Senate Vote
ResultVotesPercentage
Approveda Yes 29 96.67%
No13.33%

House vote

April 20, 2016

Alabama SB 260 House Vote
ResultVotesPercentage
Approveda Yes 87 91.58%
No88.42%

Related measures

This type of measure is called a "lockbox" measure, which is designed to give voters the opportunity to say that funds raised for or by a certain purpose must be spent in that general area as well. The overall concept of a "lockbox" is to prevent fees and other revenue that is generated through one use from ending up in the state's general operations budget, instead ensuring that those funds are spent in a way related to how they were generated.

The following statewide "lockbox" measures qualified for the November 2016 ballot:


State profile

Demographic data for Alabama
 AlabamaU.S.
Total population:4,853,875316,515,021
Land area (sq mi):50,6453,531,905
Race and ethnicity**
White:68.8%73.6%
Black/African American:26.4%12.6%
Asian:1.2%5.1%
Native American:0.5%0.8%
Pacific Islander:0.1%0.2%
Two or more:1.7%3%
Hispanic/Latino:4%17.1%
Education
High school graduation rate:84.3%86.7%
College graduation rate:23.5%29.8%
Income
Median household income:$43,623$53,889
Persons below poverty level:23.3%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alabama.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Alabama

Alabama voted Republican in all seven presidential elections between 2000 and 2024.


More Alabama coverage on Ballotpedia

Recent news

The link below is to the most recent stories in a Google news search for the terms Alabama state parks fund amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Support

  • Alabama State Parks Partners website
  • Alabama State Parks Partners on Facebook
  • Alabama State Parks Partners on Twitter

Footnotes

  1. 1.0 1.1 1.2 Alabama Legislature, "SB 260," accessed April 26, 2016
  2. Local 15, "People of Alabama to vote on constitutional amendment to protect state parks funding," April 25, 2016
  3. Alabama State Legislature, "AMENDMENT 617 RATIFIED," accessed October 26, 2016
  4. AL.com, "Amendment 2 would allow privatization in state parks," October 24, 2016
  5. 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. WLTZ, "East AL officials show support and discuss confusion over proposed Amendment 2," October 17, 2016
  7. WAAY 31, "Alabamians will decide where state park funds will go," May 2, 2016
  8. News Courier, "STATE PARKS FUNDING: Aug. 29 meeting to educate public about Amendment 2," August 23,2016
  9. AL.com, "Why we must vote to protect Alabama's state parks," August 15, 2016
  10. Montgomery Advertiser, "Alabama should treasure, sustain state parks," October 13, 2016
  11. Auburn Villager, "Amendment 2 would not privatize state parks," October 27, 2016
  12. 12.0 12.1 12.2 Al.com, "Amendment 2 would allow privatization of state parks," October 24, 2016
  13. 13.0 13.1 Anniston Star, "Vote ‘no’ on Amendment 2 state park bill (opinion)," October 24, 2016
  14. OANow, "Amendment 2 seeks to allow state parks to keep the money they generate," October 22, 2016
  15. WHNT, "Amendment Guide: Breakdown of the 14 constitutional amendments on Alabama’s November ballot," October 19, 2016
  16. Montgomery Advertiser, "Keep Alabama's state parks open," May 1, 2016
  17. Anniston Star, "Editorial: It's time for Alabamians to save state parks," April 29, 2016
  18. Anniston Star, "Alabamians should vote yes on Amendment 2," October 28, 2016
  19. The New American Journal, "Vote No on Amendment 2: Stop the Republicans from Privatizing Alabama’s State Parks," October 26, 2016
  20. Alabama Electronic Fair Campaign Practices Act Reporting System, "Vote 2 Protect State Parks," accessed February 1, 2017
  21. 21.0 21.1 Cite error: Invalid <ref> tag; no text was provided for refs named sup
  22. Open States, "SB 260," accessed April 26, 2016