Bentley warns budget he signed may still shut down parks, drivers' license offices

WSFA.com Montgomery Alabama news. (Video Above: Governor Bentley tells WSFA reporters he may be closing state parks and drivers’ license offices after all.) MONTGOMERY, Ala. — Alabama Governor Robert Bentley (R) told reporters Monday that the General Fund budget he signed at the end of a grueling, months long battle between the executive and legislative branches could shut down state parks and drivers’ license offices, after all.

On September 17th Governor Bentley gave his executive approval to the budget, declaring “State agencies will be ready to operate on Oct. 1.”

After a careful review, I signed the FY2016 General Fund Budget into law today. #alpolitics pic.twitter.com/T3XbMqvOWk — Gov. Robert Bentley (@GovernorBentley) September 17, 2015

It isn’t a perfect budget, but we have made impt. changes to the way our state budgets. State agencies will be ready to operate on Oct. 1.

— Gov. Robert Bentley (@GovernorBentley) September 17, 2015

On Friday the governor filed a request for the opinion of the justices of the Alabama Supreme Court, calling into question the constitutionality of the bill he had signed into law a week earlier, which created stipulations, barring agencies from making certain closures and cuts.

The Constitution separates our government into three, separate but equal, branches. As Governor, it is my duty to protect Executive Branch functions as supported by the Alabama Constitution. The new Fiscal Year begins October 1, and I have some concerns regarding the implementation of the General Fund Appropriations Act that was passed by the Alabama Legislature in September.

There are provisions in the budget act that encroach on the authority of the Executive Branch to implement budget allocations within state government. I believe these provisions of the budget act are in violation of the Alabama Constitution, which expressly preserves the separation of powers in government.

I further believe there is language in the act which violates the constitutional restrictions on creation of state debt and on the content allowed in appropriations bills.

For these reasons, I have asked the Alabama Supreme Court to review the constitutionality of the requested sections of the General Fund Appropriations Act as quickly as possible. The next week is critical to ensuring state agencies have operation plans in place for the start of the fiscal year.

Monday, speaking with reporters after an event in Blount County, the governor revealed he has instructed the State Department of Conservation and Natural Resources, the Alabama Law Enforcement Association, and the Alabama National Guard to inform his office this week what their plans are for shuttering services in light of the trimmed General Fund budget.

“Someone asked me why did I go ahead and sign the budget thinking there were some unconstitutional portions?” Bentley told reporters. “Well, we had to have a budget. We knew that we could work on those questions later.”

“The Legislature has always had problems; I was in the Legislature,” the governor continued. “They tend to overreach, they tend to think that they’re the only ones that run government and you have to sometimes let them know that there are three equal branches of government, so that’s what they’re doing. We’re making sure they understand that what they did, we believe, is unconstitutional. So we’ll let the Justices decide that.”

Notably, the governor placed the blame for any potential closures, which he spoke of in fairly certain terms, on legislators.

One of those legislators, Senator Phil Williams (R-Rainbow City) who happened to vote against each of the governor’s tax increase proposals, but ultimately voted in favor of a General Fund budget which balanced on a combination of cuts, a $0.25 cigarette tax increase, and reforms, told Yellowhammer it is “unfortunate that the executive branch appears to be intent upon cutting off services to the people of Alabama as opposed to closely examining whether or not they can make bureaucratic and administrative cuts in Montgomery.”

“It is my sincere feeling that the language that was put into the budget, which the governor did sign, was not only constitutional but was the right thing to do for the citizens of the state,” Williams continued.

The extent to the threatened closures is yet to be seen, but Yellowhammer sources familiar with the situation say lawsuits against the executive branch could follow if the Supreme Court’s opinion falls against the governor and agencies still cut public services in defiance of the law.