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HB50 By
Representative Venable RFD
Elections Rd 1 08-JAN-2002
Copied from legislature.state.al.us
Some underlining and bold where repealed
Article XV of the Constitution of Alabama of 1901, provides for
militia, state military forces, certain volunteer organizations, and the safe
keeping of military arms, ammunition, accoutrements, records, and relics.This
bill would propose a constitutional amendment to redesignate without
substantive change provisions found in Article XV and provisions of the article
as amended by Amendment 89.The proposed constitutional amendment would repeal
Section 274, relating to the authority to form volunteer organizations of
infantry, cavalry, artillery, and naval militia.The proposed constitutional
amendment would also repeal Section 275, providing that militia and
volunteer forces, except in cases of treason, felony, and breach of the peace, are privileged from arrest during their attendance at, and going to and from, musters, parades, and elections.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama of
1901, redesignating and restating without substantive change portions of
Article XV relating to militia and state military forces; and repealing
Section 274, concerning the authority to form certain volunteer militia
organizations, and Section 275, concerning certain privileges granted to the
militia and volunteer forces.
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
1. Section 271 of the Constitution of Alabama of 1901, is redesignated without substantive change
as follows:
"Section 271 15.01
"The legislature shall have power to declare who shall constitute the militia of the state, and to
provide for organizing, arming, and disciplining the same; and the legislature may provide for the
organization of a state and naval militia."
2. Section 272, as amended by Amendment 89 of the Constitution of Alabama of 1901, is
redesignated without substantive change as follows:
"Section 272 15.02
"The legislature, in providing for the organization, equipment, and discipline of the state military
forces, shall conform as nearly as practicable to the regulations of the department of defense of the
United States, and the laws of the United States, governing the armed forces of the United States.
All affairs pertaining to the state military forces shall be administered by a state military department,
which shall be headed by the adjutant general, and who shall be responsible to the governor as
commander-in-chief."
3. Section 273, as amended by Amendment 89 of the Constitution of Alabama of 1901, is
redesignated without substantive change as follows:
"Section 273 15.03
"Officers of the state military forces, including the adjutant general, shall be appointed, and shall be
subject to suspension, discharge, removal, or compulsory retirement as such, solely on the basis of
military proficiency, character and service, as determined by department of defense regulations and
military usages sanctioned by the military laws of the United States, anything in this Constitution to
the contrary notwithstanding. The qualifications of personnel of the federally recognized national
guard shall be as prescribed in pertinent regulations and policies of the United States department of
the defense."
4. Section 274, relating to the authority to form
volunteer organizations of infantry, cavalry, artillery,
and naval militia, and Section 275, providing that the
militia and volunteer forces are privileged from
arrest in certain situations, are repealed.
5. Section 276, as amended by Amendment 89 of the Constitution of Alabama of 1901, is
redesignated without substantive change as follows:
"Section 276 15.04
"The governor shall, with the advice and consent of the senate, appoint the adjutant general and all
general officers. The governor shall appoint his own staff, as may be provided by law."
6. Section 277 of the Constitution of Alabama of 1901, is redesignated without substantive change
as follows:
"Section 277 15.05
"The legislature shall provide for the safe keeping of the arms, ammunition, and accoutrements, and
military records, banners, and relics of the state."
7. Section 278 of the Constitution of Alabama of 1901, is redesignated without substantive change
as follows:
"Section 278 15.06
"The officers and men of the militia and volunteer forces shall not be entitled to or receive any pay,
rations, or emoluments when not in active service."
END OF PROPOSED AMENDMENT
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, 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, redesignating and restating without substantive change
portions of Article XV relating to militia and state military forces; and repealing Section 274,
concerning the authority to form certain volunteer militia organizations, and Section 275, concerning
certain privileges granted to the militia and volunteer forces. Proposed by Act ________."
This description shall be followed by the following language:
"Yes ( ) No ( )."
Constitutional Amendments
Elections
Militia
Military