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SB5 ENROLLED
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SB5
9JG6TPB-2
By Senator Allen (Constitutional Amendment)
RFD: Education Policy
First Read: 13-Jan-26
PFD: 17-Jun-25
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PFD: 17-Jun-25
Enrolled, An Act,
Proposing an amendment to the Constitution of Alabama
of 2022, to require local boards of education to adopt
policies requiring each public K-12 school to broadcast or
sanction the performance of the first stanza of The
Star-Spangled Banner at least once per week during school
hours.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares the
following:
(1) During the Battle of Baltimore of the War of 1812,
Francis Scott Key visited the British fleet in the Chesapeake
Bay on September 7, 1814, to secure the release of Dr. William
Beanes, who had been captured after the British burned
Washington, D.C.
(2) The release of Dr. Beanes was secured, but Key and
Beanes were held by the British during the shelling of Fort
McHenry, one of the forts defending Baltimore.
(3) On the morning of September 14, 1814, after the
25-hour British bombardment of Fort McHenry, Key peered
through the clearing smoke to see a 42-foot by 30-foot
American flag flying proudly atop the fort.
(4) He was so inspired to see the enormous flag still
flying over the fort that he began penning a song, which he
named The Defence of Fort McHenry, to commemorate the
occasion, and he included a note that it should be sung to the
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occasion, and he included a note that it should be sung to the
tune of the popular British melody To Anacreon in Heaven.
(5) In 1916, President Woodrow Wilson ordered that the
anthem, which had been popularly renamed The Star-Spangled
Banner, be played at military and naval occasions.
(6) On March 3, 1931, President Herbert Hoover signed
a resolution of Congress that officially designated The
Star-Spangled Banner as the National Anthem of the United
States.
(7) For over 100 years, The Star-Spangled Banner has
served to inspire generations of patriotic Americans, and it
is imperative that students have exposure to this history and
inspiration.
Section 2. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) Each local board of education shall adopt a policy
requiring each public K-12 school under its jurisdiction to
broadcast The Star-Spangled Banner during school hours, at
least once per week.
(b)(1) A local board of education shall select for
broadcast, pursuant to subsection (a), any recording of the
first stanza of The Star-Spangled Banner that is archived
within the Library of Congress and available on the Library of
Congress website.
(2) A local board of education, alternatively, may
adopt a policy allowing, during school hours, for the
performance of the first stanza of The Star-Spangled Banner
from original sheet music, archived within the Library of
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from original sheet music, archived within the Library of
Congress and available on its website, by a school-sanctioned
band program, choral program, vocal group, or vocalist.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
Section 3. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. 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 2022, to require local boards of education to adopt
policies requiring each public K-12 school to broadcast or
sanction the performance of the first stanza of The
Star-Spangled Banner at least once per week during school
hours.
Proposed by Act ____."
This description shall be followed by the following
language:
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language:
"Yes( ) No( )."
Section 4. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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by a majority of the qualified electors voting thereon.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB5
Senate 03-Mar-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 09-Apr-26
By: Senator Allen
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