HB357 Alabama 2012 Session
Signed by Governor
Bill Summary
Sponsors
Session
Regular Session 2012
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corporations, railroads, canals, constitutional provisions in Article XII, Constitution of Alabama of 1901, amended and repealed, Sections 229, 240 (Recompiled Constitution of Alabama of 1901 as amended), am'd., Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, 246 (Recompiled Constitution of Alabama of 1901, as amended), repealed, const.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, effective January 1,
2014, 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 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, by deleting language regarding
telegraph and telephone companies. 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 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</p><p class="bill_description">
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, to become effective January 1, 2014, relating
to corporations; to amend Section 229, as amended by Amendment
f 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 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 telephone and telegraph
companies; 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 |
|---|---|---|
| May 2, 2012 | Delivered to Secretary of State on May 2, 2012 at 4:51 p. m. | |
| May 2, 2012 | Assigned Act No. 2012-275. | |
| May 2, 2012 | Clerk of the House Certification | |
| May 2, 2012 | Enrolled | |
| May 2, 2012 | Signature Requested | |
| May 2, 2012 | Passed Second House | |
| May 1, 2012 | Motion to Read a Third Time and Pass adopted Roll Call 877 | |
| May 1, 2012 | Third Reading Passed | |
| April 26, 2012 | Marsh to Carry Over to the Call of the Chair Granted | |
| April 26, 2012 | Third Reading Carried Over to Call of the Chair | |
| March 22, 2012 | Read for the second time and placed on the calendar | |
| March 15, 2012 | Read for the first time and referred to the Senate committee on Constitution, Campaign Finance, Ethics, and Elections | |
| March 15, 2012 | Motion to Read a Third Time and Pass adopted Roll Call 360 | |
| March 15, 2012 | Third Reading Passed | |
| March 1, 2012 | Read for the second time and placed on the calendar | |
| February 16, 2012 | Read for the first time and referred to the House of Representatives committee on Constitution, Campaigns and Elections |
Bill Text
Bill Votes
Bill Documents
| Type | Link |
|---|---|
| Bill Text | HB357 Alabama 2012 Session - Introduced |
| Bill Text | HB357 Alabama 2012 Session - Enrolled |