HB335 By Representatives Lindsey and Davis RFD Constitution, Campaigns and Elections Rd 1 19-MAR-15

SYNOPSIS: Article X of the Constitution of Alabama of 1901, provides for exemptions in Alabama.

This bill would propose an amendment to the Constitution of Alabama of 1901, to repeal the existing Article X and to readopt Article X to make nonsubstantive technical amendments, including capitalization and gender neutral references, to authorize the Legislature to provide by general law for the exemption of homesteads and personal property and other property and the waiver of the exemption and to delete specific provisions relating to the homesteads, laborer's and mechanic liens, and property rights of females.

A BILL TO BE ENTITLED AN ACT

To repeal existing Article X of the Constitution of Alabama of 1901, relating to exemptions, and to add a new Article X relating to exemptions of homesteads.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

I. Article X of the Constitution of Alabama of 1901, is repealed.

II. Article X is added to the Constitution of Alabama of 1901, to read as follows:

Article X. Exemptions from Forced Sale.

Section 204. Legislature to provide for exemptions from forced sale; exemptions may be waived by written document.

(a) The Legislature shall provide for the exemption of homesteads, personal property, and other property from the forced sale for the payment of debt, in an amount and under conditions to be set by general law.

(b) The rights of exemption provided by the Legislature from time to time may be waived by an instrument in writing signed by the person granting the waiver and attested by one witness.

III. This amendment shall become operative on January 1, 2017.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. 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:

"Proposing an amendment to the Constitution of Alabama of 1901, to become operative January 1, 2017, to repeal and replace Article X, Exemptions from Forced Sale, to make technical changes; and to repeal certain outdated sections.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Article X

Homestead Exemption

Taxation

Liens