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Alabama House Bill HJR52

Alabama 2022 Regular Session

Alabama House Bill HJR52 Compare Versions

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11 1 HJR52
2-2 215715-3
2+2 215715-2
33 3 By Representatives Coleman, McCutcheon, Daniels, Garrett,
44 4 Robbins and Drummond
55 5 RFD: Rules
66 6 First Read: 09-FEB-22
77
8-Page 0 HJR52
9-1
10-2 ENROLLED, House Joint Resolution,
11-3 ADOPTING THE PROPOSED CONSTITUTION OF ALABAMA OF
12-4 2022 AND PROPOSING RATIFICATION AT THE 2022 GENERAL ELECTION.
8+Page 0 1 215715-2:n:02/08/2022:PMG/bm LSA2021-2713R1
9+2
10+3
11+4
1312 5
14-6 WHEREAS, Amendment 951 to the Constitution of
15-7 Alabama of 1901, ratified on November 3, 2020, requires the
16-8 Director of the Legislative Services Agency, during the 2022
17-9 Regular Session, to propose a draft Constitution of Alabama of
18-10 2022, which is a recompilation of the Constitution of Alabama
19-11 of 1901, arranging the constitution in proper articles, parts,
20-12 and sections, removing all racist language, deleting
21-13 duplicative and repealed provisions, consolidating provisions
22-14 regarding economic development, arranging all local amendments
23-15 by county of application, and making no other changes; and
24-16 WHEREAS, the Joint Interim Legislative Committee on
25-17 the Recompilation of the Constitution was created by Act
26-18 2021-523 to assist in the revision of the Constitution of
27-19 Alabama of 1901, receive input from the public regarding the
28-20 revision, and collaborate with the Director of the Legislative
29-21 Services Agency in the preparation of a proposed draft of the
30-22 constitution, as required by Amendment 951; and
31-23 WHEREAS, the Joint Interim Legislative Committee on
32-24 the Recompilation of the Constitution was comprised of
33-25 Representative Merika Coleman, Chair, Senator Arthur Orr, Vice
34-Page 1 HJR52
35-1 Chair, Representative Danny Garrett, Senator Sam Givhan,
36-2 Representative Ben Robbins, Senator Rodger Smitherman, Ms.
37-3 Anita Archie, Mr. Greg Butrus, Mr. Stan Gregory, and Mr. Al
38-4 Vance; and
39-5 WHEREAS, during 2021, the Joint Interim Legislative
40-6 Committee on the Recompilation of the Constitution held
41-7 numerous public meetings to discuss the proposed recompilation
42-8 of the constitution, received input from the public, and
43-9 collaborated with the Director of the Legislative Services
44-10 Agency in the preparation of the proposed draft recompilation
45-11 of the constitution; at its November 3, 2021, meeting, the
46-12 committee unanimously voted to adopt the draft recommended by
47-13 the director; and
48-14 WHEREAS, the proposed Constitution of Alabama of
49-15 2022 uses as its base the statutory recompilation of the
50-16 Alabama Constitution of 1901, authorized by Act 2003-312 and
51-17 appearing as Volumes 1 and 2 of the Code of Alabama 1975 for
52-18 over 15 years; and
53-19 WHEREAS, the final draft of the proposed
54-20 Constitution of Alabama of 2022 is available for review on the
55-21 website of the Legislature and the Secretary of State and has
56-22 been made available to any state agency, county, or
57-23 municipality for posting in accordance with Amendment 951; now
58-24 therefore,
59-Page 2 HJR52
60-1 BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
13+6
14+7
15+8 ADOPTING THE PROPOSED CONSTITUTION OF ALABAMA OF
16+9 2022 AND PROPOSING RATIFICATION AT THE 2022 GENERAL ELECTION.
17+10
18+11 WHEREAS, Amendment 951 to the Constitution of
19+12 Alabama of 1901, ratified on November 3, 2020, requires the
20+13 Director of the Legislative Services Agency, during the 2022
21+14 Regular Session, to propose a draft Constitution of Alabama of
22+15 2022, which is a recompilation of the Constitution of Alabama
23+16 of 1901, arranging the constitution in proper articles, parts,
24+17 and sections, removing all racist language, deleting
25+18 duplicative and repealed provisions, consolidating provisions
26+19 regarding economic development, arranging all local amendments
27+20 by county of application, and making no other changes; and
28+21 WHEREAS, the Joint Interim Legislative Committee on
29+22 the Recompilation of the Constitution was created by Act
30+23 2021-523 to assist in the revision of the Constitution of
31+24 Alabama of 1901, receive input from the public regarding the
32+25 revision, and collaborate with the Director of the Legislative
33+26 Services Agency in the preparation of a proposed draft of the
34+27 constitution, as required by Amendment 951; and
35+Page 1 1 WHEREAS, the Joint Interim Legislative Committee on
36+2 the Recompilation of the Constitution was comprised of
37+3 Representative Merika Coleman, Chair, Senator Arthur Orr, Vice
38+4 Chair, Representative Danny Garrett, Senator Sam Givhan,
39+5 Representative Ben Robbins, Senator Rodger Smitherman, Ms.
40+6 Anita Archie, Mr. Greg Butrus, Mr. Stan Gregory, and Mr. Al
41+7 Vance; and
42+8 WHEREAS, during 2021, the Joint Interim Legislative
43+9 Committee on the Recompilation of the Constitution held
44+10 numerous public meetings to discuss the proposed recompilation
45+11 of the constitution, received input from the public, and
46+12 collaborated with the Director of the Legislative Services
47+13 Agency in the preparation of the proposed draft recompilation
48+14 of the constitution; at its November 3, 2021, meeting, the
49+15 committee unanimously voted to adopt the draft recommended by
50+16 the director; and
51+17 WHEREAS, the proposed Constitution of Alabama of
52+18 2022 uses as its base the statutory recompilation of the
53+19 Alabama Constitution of 1901, authorized by Act 2003-312 and
54+20 appearing as Volumes 1 and 2 of the Code of Alabama 1975 for
55+21 over 15 years; and
56+22 WHEREAS, the final draft of the proposed
57+23 Constitution of Alabama of 2022 is available for review on the
58+24 website of the Legislature and the Secretary of State and has
59+25 been made available to any state agency, county, or
60+26 municipality for posting in accordance with Amendment 951; now
61+27 therefore,
62+Page 2 1 BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
6163 2 HOUSES THEREOF CONCURRING, That
6264 3 (a) The proposed Constitution of Alabama of 2022,
6365 4 prepared by the Director of the Legislative Services Agency,
6466 5 with advice and recommendations from the Joint Interim
6567 6 Legislative Committee on the Recompilation of the
6668 7 Constitution, as well as members of the public through that
6769 8 process, complies with Amendment 951 to the Constitution of
6870 9 Alabama of 1901, and only arranges the Constitution of Alabama
6971 10 of 1901 into proper articles, parts, and sections, removes
7072 11 racist language, deletes duplicative and repealed provisions,
7173 12 consolidates provisions regarding economic development,
7274 13 arranges all local amendments to the constitution by county of
7375 14 application, and makes no other changes.
7476 15 (b) In accordance with Amendment 951 to the
7577 16 Constitution of Alabama of 1901, the draft Constitution of
7678 17 Alabama of 2022, proposed by the Director of the Legislative
7779 18 Services Agency with advice and recommendations from the Joint
7880 19 Interim Legislative Committee on the Recompilation of the
7981 20 Constitution, is hereby adopted and incorporated by reference
8082 21 herein.
8183 22 (c) The proposed Constitution of Alabama of 2022
8284 23 shall be submitted to the qualified electors of this state for
8385 24 ratification pursuant to Amendment 714 of the Constitution of
8486 25 Alabama of 1901, now appearing as Section 286.01 of the
85-Page 3 HJR52
86-1 Official Recompilation of the Constitution of Alabama of 1901,
87-2 as amended, and Amendment 951 to the Constitution of Alabama
88-3 of 1901, except that the text of the proposed Constitution of
89-4 Alabama of 2022 shall be published on the public website of
90-5 the Secretary of State and the website of the Legislature and
91-6 shall be made available, without cost, to any agency of the
92-7 state or a municipality or county in the state that operates a
93-8 public access website for publication on the website at their
94-9 request.
95-10 (d) Upon ratification of the proposed Constitution
96-11 of Alabama of 2022 by a majority of the qualified electors of
97-12 this state voting on the question of the ratification in
98-13 accordance with Amendment 951, this resolution, and the
99-14 election laws of this state, the Constitution of Alabama of
100-15 2022 shall succeed the Constitution of Alabama of 1901, as the
101-16 supreme law of this state in accordance with Amendment 951.
102-17 (e) An election upon the proposed Constitution of
103-18 Alabama of 2022 shall be held at the 2022 general election, at
104-19 which time the officers of the general election shall open a
105-20 poll for the vote of the qualified electors upon the
106-21 ratification of the proposed constitution. The Secretary of
107-22 State shall place the question of ratification on the election
108-23 ballot and shall set forth the following description:
109-24 "Proposing adoption of the Constitution of Alabama
110-25 of 2022, which is a recompilation of the Constitution of
111-Page 4 HJR52
112-1 Alabama of 1901, prepared in accordance with Amendment 951,
113-2 arranging the constitution in proper articles, parts, and
114-3 sections, removing racist language, deleting duplicated and
115-4 repealed provisions, consolidating provisions regarding
116-5 economic development, arranging all local amendments by county
117-6 of application, and making no other changes."
118-7 This description shall be followed by the following
119-8 language:
120-9 "Yes ( ) No ( )."
121-Page 5 HJR52
122-1
123-2
124-3
125-4
126-Speaker of the House of Representatives
127-
128-5
129-6 President and Presiding Officer of the Senate
130-House of Representatives7
131-I hereby certify that the within Act originated in8
132-9 and was adopted by the House 16-FEB-22.
133-10
134-11 Jeff Woodard
135-12 Clerk
136-13
137- 14
138- 15
139-Senate16 22-FEB-22 Adopted
140- 17
141-Page 6
87+26 Official Recompilation of the Constitution of Alabama of 1901,
88+27 as amended, and Amendment 951 to the Constitution of Alabama
89+Page 3 1 of 1901, except that the text of the proposed Constitution of
90+2 Alabama of 2022 shall be published on the public website of
91+3 the Secretary of State and the website of the Legislature and
92+4 shall be made available, without cost, to any agency of the
93+5 state or a municipality or county in the state that operates a
94+6 public access website for publication on the website at their
95+7 request.
96+8 (d) Upon ratification of the proposed Constitution
97+9 of Alabama of 2022 by a majority of the qualified electors of
98+10 this state voting on the question of the ratification in
99+11 accordance with Amendment 951, this resolution, and the
100+12 election laws of this state, the Constitution of Alabama of
101+13 2022 shall succeed the Constitution of Alabama of 1901, as the
102+14 supreme law of this state in accordance with Amendment 951.
103+15 (e) An election upon the proposed Constitution of
104+16 Alabama of 2022 shall be held at the 2022 general election, at
105+17 which time the officers of the general election shall open a
106+18 poll for the vote of the qualified electors upon the
107+19 ratification of the proposed constitution. The Secretary of
108+20 State shall place the question of ratification on the election
109+21 ballot and shall set forth the following description:
110+22 "Proposing adoption of the Constitution of Alabama
111+23 of 2022, which is a recompilation of the Constitution of
112+24 Alabama of 1901, prepared in accordance with Amendment 951,
113+25 arranging the constitution in proper articles, parts, and
114+26 sections, removing racist language, deleting duplicated and
115+27 repealed provisions, consolidating provisions regarding
116+Page 4 1 economic development, arranging all local amendments by county
117+2 of application, and making no other changes."
118+3 This description shall be followed by the following
119+4 language:
120+5 "Yes ( ) No ( )."
121+Page 5