HB434 Alabama 2010 Session
In Committee
Bill Summary
Sponsors
Session
Regular Session 2010
Title
Private corporations, railroads, canals, constitutional provisions in Article XII, Constitution of Alabama of 1901, amended and repealed, Sections 229, 240 (Recompiled Constitution of Alabama of 1901 as amended), am'd., Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, 246 (Recompiled Constitution of Alabama of 1901, as amended), repealed, const. amend.
Description
<p class="bill_description"> Under the Constitution of Alabama of 1901,
portions of Article XII relate to private
corporations and railroads and canals. This bill
would propose an amendment to the Constitution
which would rewrite certain sections of Article XII
as generally described herein and would repeal
other sections</p><p class="bill_description">
This bill would amend Section 229, as
amended by Amendment 27 of the Constitution of
Alabama of 1901, now appearing as Section 229 of
the Official Recompilation of the Constitution of
Alabama of 1901, as amended, by replacing current
language with language specifying that the
Legislature, by general law only, may pass laws
under which corporations and other entities may be
organized, dissolved, and regulated and that the
Legislature shall provide for the payment of a tax
on the privilege of doing business or being
organized, incorporated, qualified, or registered
under the laws of Alabama. This bill would also
amend Section 240 of the Constitution of Alabama of
1901, now appearing as Section 240 of the Official
Recompilation of the Constitution of Alabama of
1901, as amended, by adding language formerly found
in Section 236, which this bill would repeal,
specifying that a stockholder in a corporation
cannot be individually liable for more than the
unpaid stock owned by that stockholder</p><p class="bill_description">
This bill would also repeal the following
sections of Article XII relating to private
corporations and railroads and canals: Section 230
of the Constitution of Alabama of 1901, now
appearing as Section 230 of the Official
Recompilation of the Constitution of Alabama of
1901, as amended, relating to the cancellation of
certain corporate charters; Section 231 of the
Constitution of Alabama of 1901, now appearing as
Section 231 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
relating to limitation on remitting forfeiture of
corporate charters; Section 232, as amended, by
Amendment 473 of the Constitution of Alabama of
1901, now appearing as Section 232 of the Official
Recompilation of the Constitution of Alabama of
1901, as amended, relating to foreign corporations
doing business in the state; Section 233 of the
Constitution of Alabama of 1901, now appearing as
Section 233 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
relating to corporations being restricted to
business authorized by the charter; Section 234 of
the Constitution of Alabama of 1901, now appearing
as Section 234 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
relating to restrictions on the issuance of
corporate stocks and bonds; Section 236 of the
Constitution of Alabama of 1901, now appearing as
Section 236 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
relating to security for dues from private
corporations and liability of stockholders; Section
237 of the Constitution of Alabama of 1901, now
appearing as Section 237 of the Official
Recompilation of the Constitution of Alabama of
1901, as amended, relating to issuance of preferred
stock by corporations; Section 243 of the
Constitution of Alabama of 1901, now appearing as
Section 243 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
specifying that the regulation of railroad
companies is vested in the Legislature; Section 244
of the Constitution of Alabama of 1901, now
appearing as Section 244 of the Official
Recompilation of the Constitution of Alabama of
1901, as amended, relating to prohibiting the
giving of free passes or discount tickets to
members of the Legislature or officers exercising
judicial functions; Section 245 of the Constitution
of Alabama of 1901, now appearing as Section 245 of
the Official Recompilation of the Constitution of
Alabama of 1901, as amended, relating to railroads
not giving rebates or bonuses, and deceiving or
misleading the public as to rates; and Section 246
of the Constitution of Alabama of 1901, now
appearing as Section 246 of the Official
Recompilation of the Constitution of Alabama of
1901, as amended, relating to acceptance of article
as a prerequisite to benefits of future
legislation</p><p class="bill_description">
Section 235 of the Constitution of Alabama
of 1901, now appearing as Section 235 of the
Official Recompilation of the Constitution of
Alabama of 1901, as amended, relating to the taking
of property for public use by municipal and other
corporations would not be changed. Section 238 of
the Constitution of Alabama of 1901, now appearing
as Section 238 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
relating to the authority of the Legislature to
revoke charters of incorporation would not be
changed. Section 239 of the Constitution of Alabama
of 1901, now appearing as Section 239 of the
Official Recompilation of the Constitution of
Alabama of 1901, as amended, relating to the
regulation of telephone and telegraph companies
would not be changed. Section 241 of the
Constitution of Alabama of 1901, now appearing as
Section 241 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended,
relating to the definition of a corporation would
not be changed. Section 242 of the Constitution of
Alabama of 1901, now appearing as Section 242 of
the Official Recompilation of the Constitution of
Alabama of 1901, as amended, relating to when
railroads and canals are deemed public highways and
relating to railroad and canal companies, common
carriers, and rights of railroad companies
generally would not be changed</p><p class="bill_entitled_an_act"> Proposing an amendment to the Constitution of
Alabama of 1901, relating to corporations; to amend Section
229, as amended by Amendment 27 of the Constitution of Alabama
of 1901, now appearing as Section 229 of the Official
Recompilation of the Constitution of Alabama of 1901, as
amended, relating to the authority of the Legislature to pass
general laws pertaining to corporations and other entities; to
amend Section 240 of the Constitution of Alabama of 1901, now
appearing as Section 240 of the Official Recompilation of the
Constitution of Alabama of 1901, as amended, relating to the
ability of corporations to sue and be sued like natural
persons; and to repeal Sections 230, 231, 232 as amended by
Amendment 473, 233, 234, 236, 237, 243, 244, 245, and 246 of
the Constitution of Alabama of 1901, now appearing as Sections
230, 231, 232, 233, 234, 236, 237, 243, 244, 245, and 246,
respectively, of the Official Recompilation of the
Constitution of Alabama of 1901, as amended, relating to
private corporations and railroads and canals.
</p>
Subjects
Constitutional Amendments
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| April 14, 2010 | Indefinitely Postponed | |
| February 25, 2010 | DeMarco motion to Carry Over Temporarily adopted Voice Vote | |
| February 25, 2010 | DeMarco motion to reconsider adopted Voice Vote | |
| February 25, 2010 | Motion to Read a Third Time and Pass lost Roll Call 436 | |
| February 25, 2010 | Third Reading Carried Over | |
| February 4, 2010 | Read for the second time and placed on the calendar | |
| January 26, 2010 | Read for the first time and referred to the House of Representatives committee on Constitution and Elections |
Bill Text
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB434 Alabama 2010 Session - Introduced |