CONSTITUTIONAL REFORM LEGISLATION

Legislation currently being discussed in the Alabama House of Representatives are HJR52 and HB319.

HJR52 is a resolution that will allow the Constitution’s recompilation, done by Legislative Services Agency and citizen advisors, to take effect.

That recompilation, authorized by a constitutional amendment approved by voters in 2020, eliminates racist language as well as duplication and words previously repealed.  It does not add or change any other legal wording.  If passed, HJR52 will go to voters in November.

HB319 merely allows the Code Commissioner (after HJR52 is passed) to renumber sections changed by the recompilation and carry over the descriptions of change from the previous Constitution. HB319 will also go to voters in November.

Here are copies of HJR52 and HB319

1 HJR52
2 215715-2
3 By Representatives Coleman, McCutcheon, Daniels, Garrett,
4 Robbins and Drummond
5 RFD: Rules
6 First Read: 09-FEB-22

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1 215715-2:n:02/08/2022:PMG/bm LSA2021-2713R1
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8 ADOPTING THE PROPOSED CONSTITUTION OF ALABAMA OF
9 2022 AND PROPOSING RATIFICATION AT THE 2022 GENERAL ELECTION.
10
11 WHEREAS, Amendment 951 to the Constitution of
12 Alabama of 1901, ratified on November 3, 2020, requires the
13 Director of the Legislative Services Agency, during the 2022
14 Regular Session, to propose a draft Constitution of Alabama of
15 2022, which is a recompilation of the Constitution of Alabama
16 of 1901, arranging the constitution in proper articles, parts,
17 and sections, removing all racist language, deleting
18 duplicative and repealed provisions, consolidating provisions
19 regarding economic development, arranging all local amendments
20 by county of application, and making no other changes; and
21 WHEREAS, the Joint Interim Legislative Committee on
22 the Recompilation of the Constitution was created by Act
23 2021-523 to assist in the revision of the Constitution of
24 Alabama of 1901, receive input from the public regarding the
25 revision, and collaborate with the Director of the Legislative
26 Services Agency in the preparation of a proposed draft of the
27 constitution, as required by Amendment 951; and

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1 WHEREAS, the Joint Interim Legislative Committee on
2 the Recompilation of the Constitution was comprised of
3 Representative Merika Coleman, Chair, Senator Arthur Orr, Vice
4 Chair, Representative Danny Garrett, Senator Sam Givhan,
5 Representative Ben Robbins, Senator Rodger Smitherman, Ms.
6 Anita Archie, Mr. Greg Butrus, Mr. Stan Gregory, and Mr. Al
7 Vance; and
8 WHEREAS, during 2021, the Joint Interim Legislative
9 Committee on the Recompilation of the Constitution held
10 numerous public meetings to discuss the proposed recompilation
11 of the constitution, received input from the public, and
12 collaborated with the Director of the Legislative Services
13 Agency in the preparation of the proposed draft recompilation
14 of the constitution; at its November 3, 2021, meeting, the
15 committee unanimously voted to adopt the draft recommended by
16 the director; and
17 WHEREAS, the proposed Constitution of Alabama of
18 2022 uses as its base the statutory recompilation of the
19 Alabama Constitution of 1901, authorized by Act 2003-312 and
20 appearing as Volumes 1 and 2 of the Code of Alabama 1975 for
21 over 15 years; and
22 WHEREAS, the final draft of the proposed
23 Constitution of Alabama of 2022 is available for review on the
24 website of the Legislature and the Secretary of State and has
25 been made available to any state agency, county, or
26 municipality for posting in accordance with Amendment 951; now
27 therefore,

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1 BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH
2 HOUSES THEREOF CONCURRING, That
3 (a) The proposed Constitution of Alabama of 2022,
4 prepared by the Director of the Legislative Services Agency,
5 with advice and recommendations from the Joint Interim
6 Legislative Committee on the Recompilation of the
7 Constitution, as well as members of the public through that
8 process, complies with Amendment 951 to the Constitution of
9 Alabama of 1901, and only arranges the Constitution of Alabama
10 of 1901 into proper articles, parts, and sections, removes
11 racist language, deletes duplicative and repealed provisions,
12 consolidates provisions regarding economic development,
13 arranges all local amendments to the constitution by county of
14 application, and makes no other changes.
15 (b) In accordance with Amendment 951 to the
16 Constitution of Alabama of 1901, the draft Constitution of
17 Alabama of 2022, proposed by the Director of the Legislative
18 Services Agency with advice and recommendations from the Joint
19 Interim Legislative Committee on the Recompilation of the
20 Constitution, is hereby adopted and incorporated by reference
21 herein.
22 (c) The proposed Constitution of Alabama of 2022
23 shall be submitted to the qualified electors of this state for
24 ratification pursuant to Amendment 714 of the Constitution of
25 Alabama of 1901, now appearing as Section 286.01 of the
26 Official Recompilation of the Constitution of Alabama of 1901,
27 as amended, and Amendment 951 to the Constitution of Alabama

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1 of 1901, except that the text of the proposed Constitution of
2 Alabama of 2022 shall be published on the public website of
3 the Secretary of State and the website of the Legislature and
4 shall be made available, without cost, to any agency of the
5 state or a municipality or county in the state that operates a
6 public access website for publication on the website at their
7 request.
8 (d) Upon ratification of the proposed Constitution
9 of Alabama of 2022 by a majority of the qualified electors of
10 this state voting on the question of the ratification in
11 accordance with Amendment 951, this resolution, and the
12 election laws of this state, the Constitution of Alabama of
13 2022 shall succeed the Constitution of Alabama of 1901, as the
14 supreme law of this state in accordance with Amendment 951.
15 (e) An election upon the proposed Constitution of
16 Alabama of 2022 shall be held at the 2022 general election, at
17 which time the officers of the general election shall open a
18 poll for the vote of the qualified electors upon the
19 ratification of the proposed constitution. The Secretary of
20 State shall place the question of ratification on the election
21 ballot and shall set forth the following description:
22 “Proposing adoption of the Constitution of Alabama
23 of 2022, which is a recompilation of the Constitution of
24 Alabama of 1901, prepared in accordance with Amendment 951,
25 arranging the constitution in proper articles, parts, and
26 sections, removing racist language, deleting duplicated and
27 repealed provisions, consolidating provisions regarding

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1 economic development, arranging all local amendments by county
2 of application, and making no other changes.”
3 This description shall be followed by the following
4 language:
5 “Yes ( ) No ( ).”

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1 HB319
2 216074-1
3 By Representatives Coleman, McCutcheon, Daniels, Garrett,
4 Robbins and Drummond (Constitutional Amendment)
5 RFD: Constitution, Campaigns and Elections
6 First Read: 09-FEB-22

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1 216074-1:n:01/31/2022:KMS/cr LSA2021-2712
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8 SYNOPSIS: This bill would propose an amendment to the
9 Constitution of Alabama of 1901, to authorize the
10 Code Commissioner, contingent upon the ratification
11 of the Constitution of Alabama of 2022, to renumber
12 and place ratified constitutional amendments, based
13 on a logical sequence and the particular subject or
14 topic of the amendment, and to provide for the
15 transfer of existing annotations to any section of
16 the Constitution of Alabama of 1901, to the section
17 as it is numbered or renumbered in the Constitution
18 of Alabama of 2022.
19
20 A BILL
21 TO BE ENTITLED
22 AN ACT
23
24 To propose an amendment to the Constitution of
25 Alabama of 1901, to authorize the Code Commissioner,
26 contingent upon the ratification of an official Constitution
27 of Alabama of 2022, to renumber and place ratified

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1 constitutional amendments, based on a logical sequence and the
2 particular subject or topic of the amendment, and to provide
3 for the transfer of existing annotations to any section of the
4 Constitution of Alabama of 1901, to the section as it is
5 numbered or renumbered in the Constitution of Alabama of 2022.
6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7 Section 1. The following amendment to the
8 Constitution of Alabama of 1901, as amended, is proposed and
9 shall become valid as a part thereof when approved by a
10 majority of the qualified electors voting thereon and in
11 accordance with Sections 284, 285, and 287 of the Constitution
12 of Alabama of 1901, as amended:
13 PROPOSED AMENDMENT
14 Contingent upon the ratification of the Constitution
15 of Alabama of 2022:
16 (a) The Code Commissioner shall number and place any
17 constitutional amendment ratified on the date of ratification
18 of this amendment as appropriate in the Constitution of
19 Alabama of 2022, based upon a logical sequence and the
20 particular subject or topic of the amendment.
21 (b)(1) Any judicial decision interpreting a
22 provision of the Alabama Constitution of 1901, shall remain
23 valid as to the appropriate provision in the Constitution of
24 Alabama of 2022, that has not been substantively changed by
25 the Constitution of Alabama of 2022. Any case annotation to
26 any section of the Constitution of Alabama of 1901, compiled
27 and published prior to the ratification of this amendment

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1 shall apply to the section as it is numbered or renumbered in
2 the Constitution of Alabama of 2022, as authorized by
3 Amendment 951.
4 (2) The Code Commissioner shall instruct the
5 publisher of the Official Recompilation of the Constitution of
6 Alabama of 1901, to transfer, organize, and otherwise arrange
7 annotations to the same or renumbered sections of the
8 Constitution of Alabama of 2022, except to the extent
9 substantively changed.
10 Section 2. An election upon the proposed amendment
11 shall be held in accordance with Sections 284 and 285 of the
12 Constitution of Alabama of 1901, now appearing as Sections 284
13 and 285 of the Official Recompilation of the Constitution of
14 Alabama of 1901, as amended, and the election laws of this
15 state.
16 Section 3. The appropriate election official shall
17 assign a ballot number for the proposed constitutional
18 amendment on the election ballot and shall set forth the
19 following description of the substance or subject matter of
20 the proposed constitutional amendment:
21 “Proposing an amendment to the Constitution of
22 Alabama of 1901, to authorize the Code Commissioner,
23 contingent upon the ratification of an official Constitution
24 of Alabama of 2022, to renumber and place constitutional
25 amendments ratified before or on the same day as the
26 Constitution of Alabama of 2022, based on a logical sequence
27 and the particular subject or topic of the amendment, and to

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1 provide for the transfer of existing annotations to any
2 section of the Constitution of Alabama of 1901, to the section
3 as it is numbered or renumbered in the Constitution of Alabama
4 of 2022.
5 “Proposed by Act ________.”
6 This description shall be followed by the following
7 language:
8 “Yes ( ) No ( ).”

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