AL
Alabama House Bill HB395

Alabama 2025 Regular Session

Alabama House Bill HB395 Compare Versions

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55 By Representatives Collins, Moore (P), Yarbrough, Stadthagen
66 (Constitutional Amendment)
77 RFD: Local Legislation
88 First Read: 05-Mar-25
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14-6 HB395 Engrossed
14+6 CHXKQWQ-1 01/30/2025 THR (L)THR 2025-316
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1616 First Read: 05-Mar-25
17+SYNOPSIS:
18+This bill would propose an amendment to the
19+Constitution of Alabama of 2022, relating to Morgan
20+County, to further provide for the qualifications of
21+the judge of probate.
1722 A BILL
1823 TO BE ENTITLED
1924 AN ACT
2025 To propose an amendment to the Constitution of Alabama
2126 of 2022, relating to Morgan County, to further provide for the
22-qualifications and jurisdiction of the judge of probate.
27+qualifications of the judge of probate.
2328 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2429 Section 1. The following amendment to the Constitution
2530 of Alabama of 2022, is proposed:
2631 PROPOSED AMENDMENT
27-Part 1. The Judge of Probate of Morgan County shall be
28-an attorney licensed in this state effective for the term of
32+The Judge of Probate of Morgan County shall be an
33+attorney licensed in this state effective for the term of
2934 office of the judge of probate beginning after the
3035 ratification of this amendment.
31-Part 2. The Judge of Probate of Morgan County may
32-exercise equity jurisdiction concurrent with that of the
33-circuit court in cases originally filed in the Probate Court
34-of Morgan County if the judge of probate is licensed to
35-practice law in the State of Alabama. In any case subject to
36-this amendment, the judge of probate shall possess the power
37-and authority of a circuit court judge trying the case and the
38-case shall be treated in all respects in the same manner as a
39-case filed in circuit court. The Alabama Rules of Civil
36+Upon ratification of this constitutional amendment, the
37+Code Commissioner shall number and place this amendment as
38+appropriate in the constitution omitting this instructional
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69-case filed in circuit court. The Alabama Rules of Civil
70-Procedure shall apply in the cases except as otherwise
71-specifically provided by law. This amendment is
72-self-executing, but the Legislature may enact additional laws
73-to implement this amendment if needed.
74-Upon ratification of this constitutional amendment, the
75-Code Commissioner shall number and place this amendment as
7668 appropriate in the constitution omitting this instructional
7769 paragraph and may make the following nonsubstantive revisions:
7870 change capitalization, hierarchy, spelling, and punctuation
7971 for purposes of style and uniformity; correct manifest
8072 grammatical, clerical, and typographical errors; revise
8173 internal or external citations and cross-references; harmonize
8274 language; and translate effective dates.
8375 END PROPOSED AMENDMENT
8476 Section 2. An election upon the proposed amendment
8577 shall be held in accordance with Sections 284, 284.01, and 285
8678 of the Constitution of Alabama of 2022, and the election laws
8779 of this state. The appropriate election official shall assign
8880 a ballot number for the proposed constitutional amendment on
8981 the election ballot and shall set forth the following
9082 description of the substance or subject matter of the proposed
9183 constitutional amendment:
9284 "Relating to Morgan County, proposing an amendment to
9385 the Constitution of Alabama of 2022, to require the judge of
94-probate to be an attorney licensed in this state and to
95-authorize the judge of probate to exercise equity jurisdiction
96-concurrent with the circuit court.
86+probate to be an attorney licensed in this state.
9787 Proposed by Act ____."
88+This description shall be followed by the following
89+language:
90+"Yes( ) No( )."
91+Section 3. The proposed amendment shall become valid as
92+part of the Constitution of Alabama of 2022, when approved by
93+a majority of the qualified electors voting thereon.
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127-Proposed by Act ____."
128-This description shall be followed by the following
129-language:
130-"Yes( ) No( )."
131-Section 3. The proposed amendment shall become valid as
132-part of the Constitution of Alabama of 2022, when approved by
133-a majority of the qualified electors voting thereon.
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141-a majority of the qualified electors voting thereon.
142-House of Representatives
143-Read for the first time and referred
144-to the House of Representatives
145-committee on Local Legislation
146-................05-Mar-25
147-Read for the second time and placed
148-on the calendar:
149- 0 amendments
150-................20-Mar-25
151-Read for the third time and passed
152-as amended
153-Yeas 68
154-Nays 1
155-Abstains 32
156-................01-Apr-25
157-John Treadwell
158-Clerk
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