HB395ENGROSSED
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HB395
CHXKQWQ-2
By Representatives Collins, Moore (P), Yarbrough, Stadthagen
(Constitutional Amendment)
RFD: Local Legislation
First Read: 05-Mar-25
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First Read: 05-Mar-25
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to the Constitution of Alabama
of 2022, relating to Morgan County, to further provide for the
qualifications and jurisdiction of the judge of probate.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Part 1. The Judge of Probate of Morgan County shall be
an attorney licensed in this state effective for the term of
office of the judge of probate beginning after the
ratification of this amendment.
Part 2. The Judge of Probate of Morgan County may
exercise equity jurisdiction concurrent with that of the
circuit court in cases originally filed in the Probate Court
of Morgan County if the judge of probate is licensed to
practice law in the State of Alabama. In any case subject to
this amendment, the judge of probate shall possess the power
and authority of a circuit court judge trying the case and the
case shall be treated in all respects in the same manner as a
case filed in circuit court. The Alabama Rules of Civil
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case filed in circuit court. The Alabama Rules of Civil
Procedure shall apply in the cases except as otherwise
specifically provided by law. This amendment is
self-executing, but the Legislature may enact additional laws
to implement this amendment if needed.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. The appropriate election official shall assign
a ballot number for the proposed constitutional amendment on
the election ballot and shall set forth the following
description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Morgan County, proposing an amendment to
the Constitution of Alabama of 2022, to require the judge of
probate to be an attorney licensed in this state and to
authorize the judge of probate to exercise equity jurisdiction
concurrent with the circuit court.
Proposed by Act ____."
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Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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a majority of the qualified electors voting thereon.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Local Legislation
................05-Mar-25
Read for the second time and placed
on the calendar:
0 amendments
................20-Mar-25
Read for the third time and passed
as amended
Yeas 68
Nays 1
Abstains 32
................01-Apr-25
John Treadwell
Clerk
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