Establishes a Constitution Revision Commission.
The commission shall be composed of the: Governor, Speaker of the House; President Pro Tempore of the Senate; three persons appointed by the Governor; three persons appointed by the President Pro Tempore of the Senate; and three persons appointed by the Speaker of the House. The Chairs of the Judiciary Committee and Chairs of the Constitution and Election Committee of the House of Representatives and Senate shall be ex officio members,
The Alabama Law Institute shall serve as staff for the commission. The institute will analyze the current Constitution of Alabama of 1901, as amended, with a view toward identifying those provisions which are antiquated, unnecessary, or duplicative of other provisions. The goal of the institute's analysis shall be the following:
(1) To provide the commission with specific guidance for constitutional revision.
(2) To recommend to the commission an article-by-article revision of the constitution.
(3) To report its recommendations to the commission of articles to be revised for the next regular session of the Legislature by December 31 beginning December 31, 2011.
The goal of the Legislature is to consider reviewing the Constitution according to the schedule as follows:
In 2011: Article XII, Private Corporations; Article XIII, Banking. Remove unconstitutional language throughout the Constitution.
In 2012: Article III, Distribution of Powers; Article IV, Legislative Department; Article IX, Representation.
In 2013: Article I, Declaration of Rights; Article V, Executive Department; Article XIV, Education
In 2014: Article VII, Impeachments; Article X, Exemptions; Article XVII, Miscellaneous.
The following articles shall be excluded from consideration by the commission due to a previous revision of the article or because revision is not considered needed:
(1) Article II, State Boundaries (determined by Congress.)
(2) Article VI, Judicial Article, which was revised in 1973.
(3) Article VIII, Suffrage and Elections, which was revised in 1996.
(4) Article XV, Militia.
(5) Article XVI, Oath of Office.
(6) Article XVIII, Mode of Amending the Constitution.
Article XI Taxation is excluded from the consideration by the commission at this time and not subject to the timetable established by this resolution.
The commission shall be charged with the following duties and responsibilities:
(1) Create a public awareness of and educate the public on the changes recommended.
(2) Provide the Legislature with recommendations for any changes to the article under consideration.
(3) Report its findings, conclusions, recommendations, and suggestions to each article to be considered in each House of the Legislature by the third legislative day of each year after 2011.League Position and Justification: LWVAL supports SJR82.
Since the mid 1960s League has supported and worked for constitutional reform. While the League prefers reform be accomplished by a constitutional convention, it for years has supported legislatively initiated reform amendments when they support League positions. The amendments listed as supported in this section of the Legislative Report are examples.
This resolution moves the Legislature toward a more systematic study and potential revisions of the 1901 Constitution and states a commitment to public education on the recommendations made to it by the Commission. ACCR is supporting the resolution.Bill Progress in the Legislature:
4/12/2011: 1st Read and referred to
4/19/2011: Scheduled for the Rules Committee meeting, Room 727 – 1:30 p.m.
4/19/2011: Reported from Rules; Figures Amendment (129940-1) offered; Motion to adopt Figures Amendment adopted by voice vote; Marsh Motion to Adopt adopted (17-9-1); Engrossed
4/19/2011: Received in the House and referred to
Reported from Rules; Galliher motion to Concur In and Adopt adopted by voice vote; Passed 2nd House and Enrolled; Signature requested; Delivered to Governor, April 21, 2011.
Assigned Act No. 2011-197Note:
The Figures Amendment added: “The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.”