HeinOnline’s State Constitutions Illustrated: March 2021 Update

Content News, HeinOnline Updates, State Constitutions Illustrated, What's New
Lauren Mattiuzzo

Back in August, we updated researchers on new material that was added to our new database, State Constitutions Illustrated. In the last seven months, we’ve added more material! Read below for an update to see what’s new in this database.

Updates from August to Date

Since August, additional current documents have been added to 23 states, and nearly 600 prestatehood documents have been added to several other states. All states are up to date as of the elections of November 3, 2020.

We will continue to post state constitutional content news right here in the HeinOnline blog. Be sure to subscribe to our blog to receive notifications when new posts are published.


FROM THE NOVEMBER 3, 2020 ELECTIONS

ALABAMA

We have added the text of both local and statewide amendments, which includes Amendments 949-953, from the Alabama State Legislature:

  • Amendment 953 [Lauderdale County], which provides for the justification for a person to use deadly physical force in self-defense or in the defense of another person on the premises of a church under certain circumstances.
  • Amendment 952 [Franklin County], which provides for the justification for a person to use deadly physical force in self-defense or in the defense of another person on the premises of a church under certain circumstances.
  • Amendment 951 [Statewide], which authorizes the Legislature to recompile the Alabama Constitution during the 2022 Regular Session, and provide for its ratification.
  • Amendment 950 [Statewide], which further provides for the initial term of judges, except judges of probate, appointed to fill vacancies.
  • Amendment 949 [Statewide], which provides that only a U.S. citizen who is 18 years old or older can vote in Alabama.

ARKANSAS

We have added the text of the constitutional amendments from the Arkansas State Legislature and 2019 Session Laws:

  • House Joint Resolution 1018, relating to the continuation of a 0.5 percent sales tax for transportation.
  • Senate Joint Resolution 15, which changes term limits to 12 consecutive years for state legislators with the opportunity to return after a four-year break.

CALIFORNIA

We have added the text of the following amendments from the California State Legislature:

  • Assembly Constitutional Amendment No. 6/Proposition 17, which restores the right to vote to people on parole for felony convictions.
  • Assembly Constitutional Amendment No. 11/Proposition 19, concerning changes in tax assessment transfers and inheritance rules.

COLORADO

We have included the text of the following amendments from the Colorado General Assembly, 2020 Sessions Laws and Secretary of State:

  • Senate Concurrent Resolution 20-001/Amendment B, which repeals the Gallagher Amendment of 1982.
  • Amendment 76 [Citizen Initiative Amendment No. 76], which amends the Colorado Constitution to state that only a citizen of the U.S. who is 18 years old or older can vote in federal, state, and local elections.
  • Amendment 77 [Citizen Initiative Amendment No. 257], which allows voters in Central City, Black Hawk, and Cripple Creek to vote to expand allowed gaming types and betting limits.

FLORIDA

We have added the text of the following amendments from the Florida State Legislature:

  • Citizen Initiated Proposal/Amendment 1, which amends the Florida Constitution to state that only a citizen of the U.S. who is 18 years old or older can vote in Florida.
  • Citizen Initiated Proposal/Amendment 2, concerning increasing the state’s minimum wage incrementally until it reaches $15 per hour in September 2026.
  • House Joint Resolution 369/Amendment 5, which extends the period during which a person can transfer Save Our Homes benefits to a new homestead property from two years to three years.
  • House Joint Resolution 877/Amendment 6, which allows a homestead property tax discount to be transferred to the surviving spouse of a deceased veteran.

GEORGIA

We have added the text of the following amendments from the Georgia General Assembly:

  • House Resolution 164/Amendment 1, which authorizes the Georgia Legislature to dedicate tax or fee revenue to the public purpose for which the taxes or fees were imposed.
  • House Resolution 1023/Amendment 2, which allows residents to seek declaratory relief from state or local laws that violate the state Constitution or state law.

Also, we have added an informational booklet published by the Georgia Secretary of State, concerning the two constitutional amendment proposals, both of which were approved at the elections of November 3, 2020.


IDAHO

We have included the text of the amendment from the Idaho State Legislature and 2020 Session Laws:

  • Constitutional Amendment HJR 4, which now states in the Idaho Constitution that there will be 35 state legislative districts.

We also now include the consolidated text from the Idaho Secretary of State.


KENTUCKY

We have included the text of the amendment from the Kentucky State Legislature and 2020 Session Laws:

  • Senate Bill No. 15/Constitutional Amendment 1, which adds Marsy’s Law to the Kentucky Constitution.

LOUISIANA

We have added the text of the following amendments from the Louisiana State Legislature:

  • Act No. 447/Amendment No. 1, which states that there is no right to abortion or abortion funding in the Louisiana Constitution.
  • Act No. 368/Amendment No. 2, which allows the presence or production of oil or gas to be taken into account when assessing the fair market value of oil or gas wells for ad valorem property tax purposes.
  • Act No. 367/Amendment No. 3, which allows the Louisiana State Legislature, through a two-thirds vote in each chamber, to use up to one-third of the revenue in the Budget Stabilization Fund to cover the state’s costs associated with a federally-declared disaster.
  • Act No. 370/Amendment No. 6, concerning increases to the income limit (from $50,000 to $100,000) for those who qualify for the special assessment level for residential property receiving the homestead exemption.
  • Act No. 38/Amendment No. 7, which creates the Unclaimed Property Permanent Trust Fund and allocates investment revenue to the general fund.

Also, we have added an updated list of Amendments to the Louisiana Constitution of 1974, provided by the Louisiana State Legislature. The list, which includes the amendments ratified at the election, has been added to the Louisiana House Legislative Services List of Amendments.


MARYLAND

We have included the text of the amendment from the Maryland State Legislature:

  • Senate Bill 1028/Question 1, which authorizes the Maryland General Assembly to increase, decrease, or add items to the state budget as long as such measures do not exceed the total proposed budget submitted by the governor.

MICHIGAN

We have included the text of the amendments from the Michigan State Legislature:

  • Amendment/Proposal 1, concerning revising a formula for how state and local park funds from trusts can be spent.
  • Amendment/Proposal 2, which requires a search warrant to access a person’s electronic data.

MISSISSIPPI

We have included the text of the amendments from the Mississippi State Legislature and Secretary of State:

  • Citizen Initiated Proposal/Ballot Measure 1, which legalizes medical marijuana for qualified persons with debilitating medical conditions.
  • House Concurrent Resolution No. 47/Ballot Measure 2, which removes the requirement that a candidate for governor or state office receive the highest number of votes in a majority of the state’s 122 House districts (the electoral vote requirement) and provides for a runoff election process.

MISSOURI

We have included the text of the amendment from the Missouri General Assembly:

  • HJR 38/Constitutional Amendment No. 3, relating to addressing the redistricting process and criteria, lobbying, and campaign finance.

We have also added the consolidated text, as amended to the elections of 3 November 2020, from the Missouri Secretary of State.


MONTANA

We have included the text of the amendments from the Montana State Legislature, Secretary of State and 2019 Session Laws:

  • Constitutional Amendment/C-46, which changes language in the Constitution to match existing initiated amendment distribution requirements.
  • Constitutional Amendment/C-47, which changes language in the Constitution to match existing initiated statute and referendum distribution requirements.
  • Citizen Initiated Proposal/CI-118, which authorizes the legislature or a citizen initiative to set a legal age for marijuana purchase, use, and possession.

NEBRASKA

We have included the text of the amendments from the Nebraska State Legislature, 2019 Session Laws and Secretary of State:

  • Legislative Resolution 1CA/Amendment 1, which repeals language allowing slavery or involuntary servitude as criminal punishments.
  • Legislative Resolution 14CA/Amendment 2, allowing Tax Increment Financing for 20 years for extreme blight.
  • Nebraska Initiative 429, relating to changes in the Constitution to allow statutes authorizing games of chance at licensed racetracks.

NEVADA

We have included the text of the amendments from the Nevada State Legislature and Secretary of State:

  • AJR2/Question 2, which recognizes the marriage of couples regardless of gender.
  • SJR1/Question 3, relating to the revision of duties of the State Board of Pardons Commissioners.
  • SJR3/Question 4, which creates a constitutional right to certain voting procedures and policies.
  • Initiative Petition/Question 6, relating to requiring utilities to acquire 50 percent of their electricity from renewable resources by 2030.

NEW JERSEY

We have included the text of the amendments from the New Jersey State Legislature:

  • Senate Concurrent Resolution No. 183/Question 1, which legalizes the possession and use of marijuana.
  • Assembly Concurrent Resolution No. 253/Question 2, which makes peacetime veterans eligible to receive the veterans’ property tax deduction.
  • Assembly Concurrent Resolution No. 188/Question 3, concerning delaying the state legislative redistricting process and use of new districts if the census data is received after February 15.

NEW MEXICO

We have included the text of the amendments from the New Mexico State Legislature and 2019 Session Laws:

  • HJR 8/Constitutional Amendment 2, concerning amending the New Mexico Constitution to allow for laws that adjust the date of election and term for non-statewide officeholders.
  • SJR 1/Constitutional Amendment 1, which makes the Public Regulation Commission a three-member appointed commission.

OREGON

We have added the text of the amendment from the Oregon Legislative Assembly:

  • SJR 18/Measure 107, which authorizes the state legislature and local governments to enact laws or ordinances limiting campaign contributions and expenditures; require disclosure of contributions and expenditures; and require that political advertisements identify the people or entities that paid for them.

RHODE ISLAND

We have added the text of the amendment from the Rhode Island General Assembly:

  • Senate Resolution 2902/Question 1, which amends the Rhode Island Constitution to remove “Providence Plantations” from the official state name.

SOUTH DAKOTA

We have included the text of the amendments from the South Dakota State Legislature, Secretary of State and 2020 Session Laws:

  • Constitutional Amendment A, which legalizes recreational use of marijuana and requires the legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022.
  • SJR 501/Constitutional Amendment B, which legalizes sports betting in Deadwood and requires that net local revenue from such activity be dedicated to the Historic Restoration and Preservation of Deadwood.

Also, we have included the 2020 Ballot Pamphlet published by the South Dakota Secretary of State, concerning the two constitutional amendment proposals, both of which were approved at the elections of November 3, 2020.


UTAH

We have included the text of the amendments from the Utah State Legislature and 2019 Session Laws:

  • SJR 7/Constitutional Amendment A, which makes language in the Utah Constitution gender-neutral.
  • HJR 4/Constitutional Amendment B, which specifies that qualifications of a legislator apply as of the time of election or appointment (rather than the time a legislator assumes office).
  • HJR 8/Constitutional Amendment C, which repeals a constitutional exception on the ban of slavery that allowed for slavery and involuntary servitude as punishment for a crime.
  • HJR 1/Constitutional Amendment D, relating to the specification of circumstances under which a municipality can commit water resources or supply water outside its boundary or exchange water resources and revise provisions surrounding municipal water rights.
  • HJR 15/Constitutional Amendment E, concerning creating a state constitutional right to hunt and fish for Utah residents.
  • SJR 3/Constitutional Amendment F, which provides that the legislature may set the session start date in state statute. This excludes state holidays from the limit of number of days in a session.
  • SJR 9/Constitutional Amendment G, which allows the Legislature to use revenue from income taxes and property taxes to “support children and to support individuals with a disability.”

VIRGINIA

We have included the text of the amendments from the Virginia State Assembly and 2019 Session Laws:

  • SJR 18/Question 1, which creates a redistricting commission to draw congressional and state legislative districts.
  • HJR 676/Question 2, which exempts one motor vehicle owned by a totally disabled veteran from property taxes.

PRESTATEHOOD MATERIAL

The following states now have additional prestatehood documents:


ALASKA

  • Documents have been added for the pre-statehood history of Alaska. The first group concerns documents from 1719 to 1867, largely concerning the time of Russian control in Northwest North America. This ends with the Convention of Cession of this vast territory to the United States on March 30, 1867. The second group of documents concern federal acts, conventions and exchanges of notes from 1867 until statehood on January 3, 1959.
HAWAII

  • Documents have been added for the pre-statehood history of Hawaii. The first group concerns documents from 1826 to 1893, concerning the history of the Hawaiian Monarchy, Hawaii as an independent State. These include the early constitutions, organic laws, important treaties, and documents concerning land tenure and ownership leading up to and following the Great Mahele of March 7, 1848.
  • Documents have been added for the pre-statehood history of Hawaii. These include documents of the Provisional Government following the overthrow of the Monarchy in 1893, and its formalization as the Republic of Hawaii. Also included are documents concerning the Territory of Hawaii following the Newlands Resolution of July 7, 1898, and under the Organic Act of April 30, 1900. Both Federal and Territorial documents are included through Statehood on August 21, 1959.
MASSACHUSETTS

  • Documents have been copied from the Maine collection to the Massachusetts collection concerning the jurisdiction of the latter over the former from 1649 to 1820.
NEW YORK

  • Documents have been copied from the Vermont collection to the New York collection concerning the formation of
    Vermont out of the New Hampshire Grants initiated under the Governorship of Benning Wentworth and as a jurisdiction
    of New York under its various colonial Governors and documents of the Continental Congress subsequent to
    Independence. These documents, from both Vermont, New York and federal sources, cover the period 1741-1790.
VERMONT

  • Documents have been added for the pre-statehood history of Vermont from 1713 to 1773, primarily concerning the boundaries between New York and New Hampshire, both of which claimed the territory which would become Vermont under their respective Charters.
  • Documents have been added for the pre-statehood history of Vermont from 1774 to 1791, primarily concerning the common boundaries of Vermont, New York and New Hampshire, and concerning the accession of Vermont to statehood within the United States in 1791.

State Constitutions Illustrated LibGuide

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