Constitutional Amendment Sponsor(s):
Senators Coleman, Figures, Beasley, Dunn and Singleton. Summary/Synopsis:
This legislation repeals Amendment 425 as amended by Amendment 555 and adds a new section to Article XVIII, Methods of Amending the Constitution. SB274 deals with local constitutional amendments, those that affect one county or one municipality. It proposes that more than one dissenting legislator is to be needed to require that a local amendment be given a statewide vote. The dissenters must number three or more Senators or nine or more Representatives. The new sections maintains most of the original language and the basic structure of a three-fifths vote of approval in each house, and a majority vote in the Local Constitutional Amendment Committee, which decides whether or not an amendment is a local one. Even in a statewide vote, the amendment cannot take effect without approval of local voters of the county and the city it affects. League Action and Justification: Support
This legislation offers only an amelioration of one of the fundamental problems created by the lack of Home Rule for counties, but it is a step forward. It does not permit local matters to be decided by laws, not constitutional amendments; statewide, people must still vote on matters unrelated to them. However, this bill reduces the number of such votes. Until Constitutional Reform provides sound local government that League favors and that all other states permit, major problems will continue.
League prefers “A broad grant of authority should be delegated to those local governments that choose to adopt a plan for home rule to enable them to address local problems independently of the state legislature and/or the state electorate.”Bill Progress in Legislature:01/22/2014:
First Reading and referred to the Note:
This committee was to hold a public hearing on this bill on Thursday, January 30, 8:30 a.m., State House Rm. 316. On morning of the hearing, there was no listing on ALISON
for this hearing. If/when rescheduled, LWVAL will post date and time here.
Reported from CCFE&E as Favorable with 1 amendment (158614-1)Note:
The amendment reads: “Notwithstanding anything to the contrary, any proposed constitutional amendments which applies to a political subdivision of this state and which concerns gambling or games of chance whether conducted for profit or charity, shall be submitted to a statewide referendum. All constitutional amendments that have been adopted by a majority of the appropriate electorate pursuant to Amendment No. 425 to the Constitution of Alabama of 1901 are hereby ratified and confirmed.”02/18/2014:
2nd Read and placed on calendar with 1 Amendment; pending 3rd reading and Favorable from CCFE&E03/19/2014:
3rd Read Passed; CCFE&E Amendment Offered; Coleman motion to Table adopted by Voice Vote; Coleman 1st Substitute (160137-3) Offered; Coleman motion to Adopt adopted by Roll Call vote (32-0-0); Motion to Read a Third Time and Pass adopted by Roll Call (32-0-0); EngrossedHouse: 03/19/2014:
Read for the first time and referred to the
03/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from CC&E