STATE OF ALABAMA PROCLAMATION BY THE GOVERNOR WHEREAS, the Alabama Legislature at its Regular Session of 2011 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama of 1901, set out herein as Act No. 2011-353; and in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the election laws of this state; and WHEREAS, notice of this election, together with this proposed amendment, is required by law and by the provisions of Act No. 2011-353 to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state. NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 6th day of November, 2012, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendment to the Constitution of 1901 of the State of Alabama: SB112 ENROLLED, An Act, Proposing an amendment to the Constitution of Alabama of 1901, to amend Section 256 as amended by Amendment 111, now appearing as Section 256 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to remove references to segregation of schools by race; and to repeal Section 259, now appearing as Section 259 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, Amendment 90, and Amendment 109, relating to poll taxes. 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 (a) Section 256 of the Constitution of Alabama of 1901, as amended by Amendment 111, is amended to read as follows: "Section 256. It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order. "The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state. (b) Article XIV, Section 259, relating to poll tax revenues, is repealed. (c) Amendment 90 relating to exemptions from the poll tax is repealed. (d) Amendment 109 relating to exemptions from the poll tax is repealed. 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, to repeal portions of Amendment 111, now appearing as Section 256 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to separation of schools by race and to repeal Section 259, Amendment 90, and Amendment 109, relating to the poll tax. "Proposed by Act ________." This description shall be followed by the following language: "Yes ( ) No ( )."