HB194

ENGROSSED

A BILL TO BE ENTITLED AN ACT

To amend Section 106 of the Constitution of Alabama of 1901, as amended by Amendment 341, now appearing as Section 106 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the enactment of special, private, or local bills and the notice required prior to their introduction; to provide procedures for advertising and other notice of private, special, or local bills prior to introduction in the Legislature; to provide procedures for amendments of the bills; and to limit the introduction of the bills after a certain legislative day.

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

Section 106 of the Constitution of Alabama of 1901, as amended by Amendment 341, now appearing as Section 106 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

"Section 106. (a) No special, private, or local law shall be passed on any subject not enumerated in section 104 of the Constitution, except in reference to fixing the time of holding courts, introduced in the Legislature unless notice of the intention to apply therefor introduce the bill shall have been be published, without cost to the state, in the county or counties where the matter or thing to be affected may be situated, which.

(b) The notice shall state the substance of the proposed law and.

"(c) The notice required in subsection (a) shall be published at least once a week for four three consecutive weeks prior to introduction of the bill by publication in some newspaper of general circulation published in such county or counties, or if. If there is no newspaper of general circulation published therein, then in an affected county, notice shall be made by posting the said notice for two consecutive weeks at five different places in the county or counties at least one of which shall be the county courthouse and by publication by electronic or other media as the Legislature may provide by general law. prior to the introduction of the bill; and proof

"(d) Proof that said the notice has been given shall be exhibited to each house of the legislature through a certification by the clerk of the house or the secretary of the senate that notice and proof was attached to the subject local legislation and the notice and proof shall be attached to the original copy of the subject bill and shall be filed in the department of archives and history where it shall constitute a public record.

"(e) Amendments to bills proposing passage of a special, private, or local law may be offered in either house of the Legislature, but only by a member of the Legislature representing a portion of a county where the bill was advertised and only if the amendment is related to the specific subject contained in the title of the bill and does not change, alter, or expand the fundamental features of the original bill as advertised and introduced. The process for amendment shall be as follows:

"(1) The amendment shall be adopted by a majority of those present and voting in the house where the amendment is first proposed; and

"(2) Following adoption of the amendment, the bill as amended is not subject to final passage in the house of the amendment's origin until 10 calendar days thereafter. Additionally, if an executive amendment or conference committee report to a bill proposing passage of a special, private, or local law or the repeal or amendment of an existing special, private, or local law is adopted by the house of origin, the bill as amended by the executive amendment or conference committee report may not be transmitted to the other house for final passage until one calendar week or the day the Legislature adjourns sine die.

"(f) The Legislature shall provide by general law for notice and publication of any amendment adopted pursuant to subsection (e) during the period of time between the adoption of the amendment and final passage in the house of the amendment's origin.

"(g) The courts shall pronounce void every special, private, or local law which the journals do not affirmatively show was passed in accordance with the provisions of this section.

"This amendment shall be self-executing, and no enabling legislation shall be necessary."

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 provide procedures for advertising and other notice of private, special, or local bills prior to introduction in the Legislature; to provide procedures for amendments of the bills; and to limit the introduction of the bills after a certain legislative day.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Legislature

Local Laws

Notice, Legal

Counties

Municipalities