Childree v. Hubbert
In Childree v. Hubbert, 524 So. 2d 336 (Ala 1988), the Alabama Supreme Court held that any appropriations bill appropriating education trust funds other than as specified in the acts creating the funds and in the state code would violate the section of the state constitution limiting appropriations bills to the subject of appropriations.
The court also held that such an appropriations bill would violate the constitutional provision limiting bills to one subject. These holdings, however, were based upon a view that the legislature's creation of a special fund is not an appropriation, but merely an "earmarking" of funds.
Thus, the Alabama court reasoned:
If earmarking is not appropriating, but rather a matter properly included in a revenue bill, the converse is also true: the removal or disregard of earmarking is not a matter properly to be included in an appropriation bill. Presumably, the earmarking could be removed in a proper single-subject bill or in a properly constituted revenue bill, but until such an action is taken, no appropriation bill can appropriate such funds other than as they were earmarked. (Childree, 524 So. 2d at 341.)