1 HB2 2 216502-1 3 By Representatives Shedd, Smith, Standridge, Jones (S), Wood 4 (D) and Carns (Constitutional Amendment) 5 RFD: Urban and Rural Development 6 First Read: 19-JAN-22 Page 0 1 216502-1:n:01/18/2022:PMG/bm LSA2022-248 2 3 4 5 6 7 8 SYNOPSIS: This bill would propose an amendment to the 9 Constitution of Alabama of 1901, to authorize the 10 state, a county, or a municipality to grant to 11 public or private entities federal award funds or 12 any other source of funding designated for 13 broadband infrastructure by state law for providing 14 or expanding broadband infrastructure. 15 16 A BILL 17 TO BE ENTITLED 18 AN ACT 19 20 Proposing an amendment to the Constitution of 21 Alabama of 1901; to authorize the state, a county, or a 22 municipality to grant certain monies to public or private 23 entities for broadband infrastructure. 24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 25 Section 1. The following amendment to the 26 Constitution of Alabama of 1901 is proposed and shall become 27 valid as a part thereof when approved by a majority of the Page 1 1 qualified electors voting thereon and in accordance with 2 Sections 284, 285, and 287 of the Constitution of Alabama of 3 1901, as amended: 4 PROPOSED AMENDMENT 5 The state, a county, or a municipality is authorized 6 to grant federal award funds or any other source of funding 7 designated for broadband infrastructure by state law to any 8 public or private entity for the purpose of providing or 9 expanding broadband infrastructure. The granting of funds by a 10 county or a municipality to a private entity pursuant to this 11 section must be approved at a public meeting held by the 12 appropriate county or municipality. 13 Upon ratification of this constitutional amendment 14 and contingent upon the ratification of the Constitution of 15 Alabama of 2022, the Code Commissioner shall number and place 16 this amendment as appropriate in the constitution based upon a 17 logical sequence and the particular subject or topic of the 18 amendment. In this amendment, the Code Commissioner may change 19 capitalization, spelling, and punctuation for the purpose of 20 style and uniformity; correct manifest grammatical, clerical, 21 and typographical errors; and correct incorrect 22 cross-references. When publishing the Constitution of Alabama 23 of 2022, as amended, the Code Commissioner may omit this 24 instructional paragraph. 25 Section 2. An election upon the proposed amendment 26 shall be held at the 2022 primary election in accordance with 27 Sections 284 and 285 of the Constitution of Alabama of 1901, Page 2 1 now appearing as Sections 284 and 285 of the Official 2 Recompilation of the Constitution of Alabama of 1901, as 3 amended, and the election laws of this state. 4 Section 3. The appropriate election official shall 5 assign a ballot number for the proposed constitutional 6 amendment on the election ballot and shall set forth the 7 following description of the substance or subject matter of 8 the proposed constitutional amendment: 9 "Proposing an amendment to the Constitution of 10 Alabama of 1901, to authorize the state, a county, or a 11 municipality to grant federal award funds or any other source 12 of funding designated for broadband infrastructure by state 13 law to public or private entities for providing or expanding 14 broadband infrastructure. 15 "Proposed by Act ________." 16 This description shall be followed by the following 17 language: 18 "Yes ( ) No ( )." Page 3