SB88 Alabama 2010 Session

Summary

Primary Sponsor

Linda Coleman-MadisonSenator

Democrat

Session

Regular Session 2010

Title

Local constitutional amendments, subject to statewide referendum, requirement for number of dissenting votes in the Legislature increased, Amendment 555 (Section 284.01, Recompiled Constitution of Alabama of 1901, as amended), am'd., const. amend.

Summary

SB88 would raise the number of dissenting votes needed in the Alabama Legislature to trigger a statewide referendum on local constitutional amendments, setting thresholds of 15 House dissenting votes and 5 Senate dissenting votes.

What This Bill Does

It changes how local constitutional amendments are reviewed: a statewide referendum would only be required if the House has 15 or more dissenting votes and the Senate has 5 or more dissenting votes. If those thresholds are not met, the amendment can be adopted locally by the voters in the affected county or subdivision. The bill preserves a multi-step process for approval, including a required three-fifths vote in both chambers with the specified dissent margins and approval by the Local Constitutional Amendment Commission; if the Commission does not approve, the proposal may still go to a statewide referendum under existing rules. The Commission and key state officials would oversee whether an amendment affects more than one county or subdivision and manage related procedures.

Who It Affects

• Voters in counties or political subdivisions affected by a proposed local constitutional amendment, who would vote locally unless the thresholds trigger a statewide referendum.
• State lawmakers (House and Senate) and the Local Constitutional Amendment Commission, who would determine whether amendments meet the dissent thresholds and oversight criteria and who would carry out the approval process.

Key Provisions

• Amendment 555 is revised so a statewide referendum is required only if there are at least 15 dissenting votes in the House and at least 5 dissenting votes in the Senate.
• Local amendments affecting only one county or a single subdivision shall be adopted by a majority of the qualified electors in the affected area who vote on the amendment.
• For amendments affecting more than one county or subdivision, the Local Constitutional Amendment Commission decides procedures and whether the amendment is local or statewide, with a majority vote required for commission approval.
• Approval of a proposed amendment requires at least a three-fifths vote of the elected members of each house and the specified dissent thresholds, followed by approval from the Local Constitutional Amendment Commission.
• If the amendment is not approved by the Local Constitutional Amendment Commission, it shall be submitted to a statewide referendum under the existing statewide amendment procedures.
• The Local Constitutional Amendment Commission is composed of the Governor, Presiding Officer of the Senate, Attorney General, Secretary of State, and Speaker of the House; the Legislature may set procedures for the Commission but cannot expand its role beyond assessing whether the amendment affects more than one county or subdivision.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments