SB261 Summary

• Proposes constitutional amendment to repeal Article III and Amendment 582 of the Alabama Constitution of 1901 and replace with a modernized restatement of separation of powers provisions.

• Establishes three branches of government (legislative, executive, judicial) with prohibition on each branch exercising powers of the other branches, except as expressly permitted in the Constitution.

• Requires court orders requiring state fund disbursement to be approved by simple majority of both legislative houses, with exceptions for eminent domain compensation, tax challenges, and statutory/common law requirements.

• Amendment becomes operative January 1, 2017, pending voter approval by majority of qualified electors voting in election held under constitutional procedures.

• Senate passed bill 23-7 on March 20, 2014; ballot description states amendment modernizes language without making substantive changes.