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Amendment 27 of the Constitution "^''' :
1~ ~,=F = j =,~,~
ppearing F! ":-"' ': '-
of Alabama of 1901, now a ctc ~ v ~.~, cr .-.--1
as Section 229 of the Official by purcl.azz cr ~.~kz:-:.'~zc, z=y vtkzr
Recompilation of the Constitution "-- ':-" "~ " '"
of Alabanm of 1901, as amended,
relating to the authority of the 3. Section 240 of the
Legislature to pass general laws Constitution of Alabama of 1901, is
pertaining to corporations and other amended to read as follows:
entities; to amend Section 239 of "Section 240. All corporations
the Constitution of Alabama of shall have the right to sue, and shall
1901, now appearing as Section be subject to be sued, in all courts in
239 of the Official Recompilation like cases as natural persons.
of the Constitution of Alabama of "Dues from private corporations
1901, as amended, relating to tele- shall be secured by such means as
phone and telegraph companies; to may be prescribed by law; but in no
amend Section 240 of the case shall any stockholder be indi-
Constitution of Alabama of 1901, vidually fiable otherwise than for
now appearing as Section 240 of the unpaid stock owned by him or
the Official Recompilation of the her."
Constitution of Alabama of 1901, 4. The following sections of the
as amended, relating to the ability Constitution of Alabama of 1901,
of corporations to sue and be sued relating to private corporations and
like natural persons; and to repeal railroads and canals are repealed:
Sections 230, 231,232 as amended Section 230, relating to the cancel-
by Amendment 473, 233, 234, 236. lation of certain corporate charters;
237, 243, 244, 245, and 246 of the Section 231, relating to limitation
Constitution of Alabama, of 1901, on remitting forfeiture ( ~ corporate
now appearing as Sections 230, charters; Section 232, as amended
231,232, 233, 234, 236, 237, 243, by Amendment 473, relating to for-
244, 245, and 246, respectively, of eign corporations doing business in
the Official Recompilation of the the state; Section 233, relating to
Constitution of Alabama of 1901, corporations being restricted to
as amended, relating to private cor- business authorized by the chatter;
potations and railroads and canals. Section 234, relating to restrictions
BE IT ENACTED BY THE on the issuance of corporate stocks
LEGISLATURE OF ALABAMA: and bonds; Section 236, relating to
Section 1. The following security for dues from private cor-
amendment to the Constitution of porations and fiability of stockhold-
Alabama of 1901, as amended, is ers; Section 237, relating to
proposed and shall become valid as issuance of preferred stock by cor-
a part thereof, effective January 1, porations; Section 243, specifying
2014, following approval by a that the regulation of railroad corn-
majority of the qualified electors panies is vested in the Legislature;
voting thereon and in accordance Section 244, relating to prohibiting
with Sections 284, 285, and 287 of the giving of free passes or discount
the Constitution of Alabama of tickets to members of the
1901, as amended: Legislature or officers exercising
PROPOSED AMENDMENT judicial functions; Section 245,
1. Section 229 of the relating to railroads not giving
Constitution of Alabama of 1901, rebates or bonuses and deceiving or
as amended by Amendment 27, is misleading the public as to rates;
amended to read as follows: and Section 246, relating to accept-
"Section 229. T~'.c Icgi=l=X:rc ance of article as a prerequisite to
-~'-" : ' '~^'~"" benefits to future legislation.
proposed amendment shall be held
~.rga:'2zcd =':~ c.~Tv= in accordance with Sections 284
:-"'~ o'-Sj and 285 of the Constitution of
ortL:Ic=, :c rcF==2 =: "~c -:.':'A of'3.=. Alabama of 1901, now appearing
lcg~;la,",:rc: "-~ --' '
v o ~, as Sections 284 and 285 of the
I=-;'; ",:tAct "-'l-:cl, c,' " ~.c= r::=y 5c Official Recompilation of the
-~'--^~ -'--' "~--'----:o' Constitution of Alabama of 1901,
o t.y g ~ :a as amended, and the election laws
:5c F=y:r=zt :z tSc c:::.c cf ?J=5-~'m, of this state.
, ~. i. : oSection 3. The appropriate elec-
:~--~ 1" " "-'- tion official shall assign a ballot
ct=tc v,'l'Jc~ ;~'15z ~z Fr~.~.~2v.r. :z number for the proposed constitu-
"-. ='=c==: ^" cz.F~:z2 '", t ~ tional amendment on the election
.~ t. ~ "~''"""-"~ ~.r ballot and shall set forth the follow-
rcl~g~v.=: cc~zr=fiwr= cr fc~cr:2 ing description of th~ substance or
bu22:.r,g =rA Iz=r, ==cci=fic=: subject matter of the ]~roposed con-
+, + ^g .~.- ~
crga:::=.d r. stitutional amendment:
greee la=.;.'= "" " ~ ''-- " Proposmg an amandment to the
-o, "^"-"'"~ "^~ ^-"private corporation provisions of
a~ :5c ==:7 = :7 =y 5==.ft= L~ Article 12 of the Constitution of
.~ ~ t : -~ ~--^" Alabama of l901, to become effec-
==v.ci=:~c=c crg=r.~zcd '-TAct cr tive January 1, 2014, to continue
='.:fi.crlzcd iv, dr. 5".:#.=:;= 5y "~= the authority of the Legislature to
law~ v.f A1=5==.= =l.=:I r.ct 5c pass general laws pertaining to cor-
,-,1 v,-: = :=- porations and other entities; to con-
-;;:,t,",dr=v,'=5]c 3r rcF'.'.rcS."-cc51c tinue the authority of the
~- "1" Legislature to regulate and impose
:~,r, =~,2'! ~:. =:~jc:,: :c ==c='L-==-::, a business privilege tax on corpora-
1 --A I
~"'~':"-- =Jr tions and other entities; and to
= -'"" "~ "" =" repeal various provisions concem-
~ :~n: -~ ~ :~"---'o ~-'--ing private corporations, railroads,
~-~c~2;c :".z:z; h=rctcfcrz ~rc-'idzd and canals.
"Proposed by Act ."
"The Legislature shall pass gen, This description shall be fol-
eral laws under which corporations lowed by the following language:
and other entities may be organ- "Yes ( ) No ( )."
ized authorized to do business or 10-11-4tc
conduct their affairs, operated, dis-
solved, and regulated; such laws,
now existing or hereafter passed. STATE OFALABAMA
shall be subject to amendment or PROCLAMATION
repeal by general law. The BY THEGOVERNOR
Legislature, by general law, shall
/
provide for the payment to the State WHEREAS, the Alabama
of Alabama of a tax on the privilege Legislature at its Regular Session
of doing business in Alabama or of 2012 ordered an electidn to be
being organized, incorporated, held on a certain proposed amend-
qualified, or registered under the ment- to the Constitution of
laws of Alabama. Strictly benevo- Alabama of 1901, set out herein as
lent, educational, or reli~ous cor- Act No. 2012-276; and in accor-
porations shall not be required to dance with the provisions of
pay such a tax on their withdraw- Section 284, as amended by
able or repurchasable shares to the Amendment No. 24, Sections 285
extent they have such shares." and 287 of the Constitutio~ of
2. Section 239 of the Alabama of 1901, as amended, and
Constitution of Alabama of 1901, is the election laws of this state; and
amended to read as follows:
"Any association or corporation WHEREAS, notice of this elec-
organized for the purpose, or any tion, together with this p~oposed
individual, shall have the right to amendment, is required by law and
construct and maintain lines of tele- by the provisions of Act No. 2012-
graph and telephone within this 276 to be given by Proclamation of
state, and connect the same with the Governor, which Proclamation i
other lines; and the legislature shall, shall be published once a week for i
by general law of uniform opera- four successive weeks immediately ,
tion, provide reasonable regulations preceding the day appointed for the :
to give full effect to this section. ~o election in a newspaper qualified to
-- I" ""=-" gal y Of
~--,v v -v---~mn le notices in each count
.~.^. ~:~ : ~ aa athe state.
":"- :=q+,:.TC3t ~"; *~" ~" 37
~'""'~ "~ ~" ~^~:"F~ crNOW, THEP, EFORE, I, Robert
I
Bentley, as Governor of the State of "(c) Neither the state, nor any Marengo County, Alabama; and
Alabama, do hereby give notice, political subdivision thereof, shall
direct and proclaim that on be a stockholder in any bank. nor WHEREAS, notice of this elec-
Tuesday, the 6th day of November, shall the credit of the state or any tion, together with this proposed
2012, an election will be held in the political subdivision thereof be amendment, is required by law to
State of Alabamain the manner and given or lent to any banking corn- be given by Proclamation of the
form provided by law upon the fol- party, banking association, or bank- Govemor, to be published once a
lowing proposed amendment to the ing corporation, week for four successive weeks
Constitution of 1901 of the State of "(d) The Legislature. by anpro- preceding the date appointed for the
Alabama: pilate laws, shall provide for the election, in each newspaper qua/i-
examination, by some public offi- fled to run legal notices in the coun-
HB358 cer, of all banks and banking insti- ty affected.
ENROLLED, An Act, tutions and trust companies
engaged in banking business in this
Proposing an amendment to the state; and each of such banks and
Constitution of Alabama of 1901, banking companies or institutions,
to amend Section 247 now appear- through its president, or such other
ing as Section 247 of the Official officer as the Legislature may des-
Recompilation of the Constitution ignate, shall make a report under
of Alabama of 1901, as amended, oath of its resources and liabilities
relating to the general power of the at least twice a year."
Legislature regarding banks and 2. The following sections of
banking, effective January 1, 2014, Article XII1 of the Constitution of
to include in that section existing Alabama of 1901, relating to banks
provisions concerning unlimited and banking, are repealed: Section
duration, prohibitions on political 248, relating to banking laws being
subdivisions being stockholders or general, specie basis, and the
lending credit, and bank examina- authority to issue bills to circulate
tion requirements; and to ;epeal the as money; Section 249, relating to
following Sections of Article XIII, bills or notes issued as money
relating to banks and banking: redeemable in gold or silver and
Section 248 of the Constitution of specifying laws may not sanction
Alabama of 1901, now appearing suspension of the specie payments;
as Section 248 of the Official Section 251, as amended by
Recompilation of the Constitution Constitutional Amendment 51,
of Alabama of 1901, as amended; relating to termination of business;
Section 249 of the Constitution of Section 252, relating to maximum
Alabama of 1901, now appearing rate of interest; Section 253, relat-
as Section 249 of the Official ing to state and political subdivi-
Recompilation of the Constitution sions not to be stockholders in
of Alabama of 1901, as amended; banks or lend credit thereto; and
Section 251 of the Constitution of Section 254, relating to examina-
Alabama of 1901, as amended by tions of banks by public officers
Amendment 51 of the Constitution and semiannual reports by banks.
of Alabama of l901, now appearing 3. Section 255.01, relating to
as Section 251 of the Official nonresidents making mortgage
Recompilation of the Constitution loans, is repealed on the contin-
of Alabama of 1901, as amended; gency that a new Article XII is
Section 252 of the Constitution of adopted as a part of the- Alabama
Alabama of 1901, now appearing Constitution which repeals existing
as Section 252 of the Official Section 232 of the Official
Recompilation of the Constitution Recompilation of the Constitution
of Alabama of 190l, as amended, of Alabama of 1901, as amended,
relating to maximum rate of inter- and on the contingency that a bill is
Section 2: An elecfionrapoti the- ' est; Section 253 Of the COnsfit~tion
maetl~'that repeals Sections 10/~-
of Alabama of 1901, now al~aring 2-15.01 and 10A-2-15.02, Code6f
as Section 253 of the Official Alabama 1975, relating to the con-
Recompilation of the Constitution sequences of a foreign corporation
of Alabama of 1901, as amended, transacting business without regis-
relating to state and political subdi- tration, and which provides that
visions not to be stockholders in Sections 10A-1-7.21 through and
banks or lend credit thereto; and including Section 10A-1-7.24,
Section 254 of the Constitution of Code of Alabama 1975, shall
Alabama of 1901, now appearing instead apply to a foreign corpora-
as Section 254 of the Official tion transacting business without
Recompilation of the Constitution registering with the Secretary of
of Alabama of 1901, as amended, State.
relating to examinations of banks END OF PROPOSED
by public officers and semiannual AMENDMENT
reports by banks; to repeal Section 2. An election upon the
Amendment 154 of the proposed amendment shall be held
Constitution of Alabama of 1901, in accordance with Sections 284
now appearing as Section 255.01 of and 285 of the Constitution of
the Official Recompilation of the Alabama of 1901, now appearing
Constitution of Alabama of 1901, as Sections 284 and 285 of the
as amended, on the contingency Official Recompilation of the
that a new Article XII is adopted as Constitution of Alabama of 1901,
a part of the Alabama Constitution as amended, and the election laws
which repeals existing Section 232 of this state.
of the Official Recompilation of the Section 3. The appropriate elec-
Constitution of Alabama of 1901, tion official shall assign a ballot
as amended, and on the contin- number for the proposed constitu-
gency that Sections IOA-2-15.01 tional amendment on the election
and 10A-2-15.02, Code of ballot and shall set forth the follow-
Alabama 1975, are repealed, ing description of the substance or
BE IT ENACTED BY THE subject matter of the proposed con-
LEGISLATURE OE ALABAMA: stitutional amendment:
Section 1, The following "Proposing an amendment to the
amendment to the Constitution of Constitution of Alabama of 1901,
Alabama of 1901, as amended, is effective January 1, 2014, to amend
proposed and shall become valid as Section 247 relating to the anthori-
a part thereof, effective on January ty of the Legislature concerning
1, 2014, following approval by a banks and banking, to repeal vail-
majority of the qualified electors ous other provisions of Article Xlll
voting thereon and in accordance concerning banks and banking; and
with Sections 284, 285, and 287 of to repeal Amendment 154 to the
the Constitution of Alabama of Constitution of Alabama of 1901,
1901, now appearing as Sections now appearing as Section 255.01 of
284, 285, and 287 of the Official the Official Recompilation of the
Recompilation of the Constitution Constitution of Alabama of 1901,
of Alabama of 1901, as amended: as amended, subject to the contin-
PROPOSED AMENDMENT gency that a new Article XI1 of the
1. Section 247 of the state constitution is adopted that
Constitution of Alabama of 1901, is repeals existing Section 232 of the
amended to read as follows:state constitution, and subject to the
"Section 247. Authority of contingency that Sections 10A-2-
Legislature~. ; 15.01 and 10A-2-15.02, Code of
"(a) The Legislature shall not Alabama 1975, are repealed.
have the power to establish or "Proposed by Act ."
incorporate any bank or banking This description shall be fol-
company or moneyed institution lowed by the following language:
for the purpose of issuing bills of "Yes ( ) No ( )."
credit or bills payable to order or 10-11 -4tc-
bearer, except under the conditions
prescribed in this Constitution. N Q
ba0k shall be established otherwise STATE OF ALABAMA
PROCLAMATION
BY THE GOVERNOR
than under a general banking law.
"(b) There shall be no limit of
time for the duration of a corpora-
tion organized as a bank or banking WHEREAS, the Alabama
company, and it shall not be neces- Legislature at its Regular Session
sary to renew or extend the life or of 2012 ordered an election to be
charter of any such corporation held on a certain proposed amend-
now existing. All extensions of the ment to the Constitution of
life or charter of any such corpora- Alabama of 1901, set out herein as
tions are ratified and confirmed. Act No. 2012-487, relating to
NOW, THEREFORE, I, Robert
Bentley, as Governor of the State of
Alabama, do hereby give notice,
direct, and proclaim that on
November 6, 2012, an election will
be held in Marengo County, State
of Alabama, in the manner and
form provided by law upon the fol-
lowing amendment to the
Constitution of 1901 of the State of
Alabama:
SB568
ENROLLED, An Act,
Relating to Marengo County; to
propose an amendment to
Amendment 609 of the
Constitution of Alabama of 1901, use of the Judge of Probate of
now appearing as Section 10, Local Marengo County shall continue to
Amendments, Marengo County, of be collected by the judge of pro-
the Official Recompilation of the bate, but shall be paid into the coan-
Constitution of Alabama of 1901, ty general fund.
as amended, to provide that the "(c) The Connty Commission of
judge of probate shall be compen- Marengo County shall provide the
sated based on the population of the judge of probate with office person-
county as provided by general law; nel, clerks and deputies, and with
and to repeal Act 2012-215, H.B. quarters, books, stationery, fumi-
473, of the 201.2 Regular Session. ture, equipment, and other supplies
BE IT ENACTED BY THE necessary for the proper and effi-
LEGISLATURE OF ALABAMA: cient conduct of the office of the
Section 1. The following judge of probate. Compensation of
amendment to the Constitution of the personnel shall be fixed by the
Alabama of 1901, is proposed and county commission and shall be
shall become valid as a part of the paid in equal monthly installments
Constitution when all requirements out of the General Fund of
of this act are fulfilled: Marengo County.
PROPOSED AMENDMENT "(d) The amendment to this
"Amendment 609. amendment shall become effective
"(a) The Judge of Probate of beginning with the next term of
Marengo County shall receive office following ratification of the
compensation in the form of an amendment."
annual salary which shall be calcu- Section 2. Act 2012-215, H.B.
lated as provided by Chapter 2A of 473, of the 2012 Regular Session is
Title 11, Code of Alabama 1975. repealed.
"(b) All fees, commissions, Section 3. An election upon the
allowances, percentages, and other proposed amendment shall be held
charges heretofore collected for the in accordance with Amendment
555 to the Constitution of Alabama
of 1901, now appearing as Section. ~-~*L
284.01 of the Officf,~ ~ :'~
Recompilation of the Constitution
of Alabama of 1901, as amended,
and the election laws of this state.
Section 4. The appropriate elec-
tion official shall assign a ballot
number for the proposed constitu-
tional amendment on the election
ballot and shall set forth the follow-
ing description of the substance or
subject matter of the proposed con-
stitutional amendment:
"Relating to Marengo Count~i'!"
proposing an amendment to tlie'
Constitution of Alabama of 1901; "
tO provide that the judge of probate ' '
shall be compensated based on the '
populatiun of the county as prov!di"'
ed by general law instead of at 90
percent of the rate paid a district
judge in the county.
"Proposed by Act ."
This description shall be fol-
lowed by the following language:
"Yes () No ()."
10-11-4tc
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Fill out the coupon and join the other
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" II REE' E
HALE
Lindm
Thomasvill oe
rove Hilte
0
Marion
Camden
Seimao
mlmm m'm m m m m m m m m m m m m m m m mmm m m lmm mm m m m
II enclose ]
!(71 $35.00 for Marengo and eight adjo ning counties
$50.00 elsewhere in Alabama
$60.00 outside Alabama
lllmI
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