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Amendments, Alabama Constitution

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Alabama Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Amendments

Contents

As of June 2013, there were 880 amendments to the state of Alabama's Constitution.
Please see below for amendments one through five-hundred to Alabama's Constitution.

Amendment 1

See also: Section 93, Article IV, Alabama Constitution

Amendment of Section 93.

State not to engage in internal improvements or lend money or creditfor same; interest in private enterprises prohibited; exception as to public roads, highways and bridges.

The state shall not engage in work of internal improvement nor lend money or its credit in aid of such; nor shall the state be interested in any private or corporate enterprises or lend money or its credit to any individual, association, or corporation, provided that the state may under appropriate laws cause the net proceeds from the state convict fund to be applied to the construction, repair and maintenance of public roads in the state and the legislature may also make additional appropriations for that purpose.[1]

Amendment 2

Fees of Officers of Jefferson County.

The legislature of Alabama may hereafter, from time to time, by general or local laws, fix, regulate and alter the costs, charges of courts, fees, commissions, allowances or salaries to be charged or received by any county officer of Jefferson county, including the method and basis of their compensation.[1]

Amendment 3

Special School Tax Amendment.

Article XIX, Section 1. The several counties in the state shall have power to levy and collect a special county tax not exceeding thirty cents on each one hundred dollars worth of taxable property in such counties in addition to that now authorized or that may hereafter be authorized for public school purposes, and in addition to that now authorized under section 260 of article XIV of the Constitution; provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county, and voted for by a majority of those voting at such election.

Section 2. The several school districts of any county in the state shall have power to levy and collect a special district tax not exceeding thirty cents on each one hundred dollars worth of taxable property in such district for public school purposes; provided, that a school district under the meaning of this section shall include incorporated cities or towns, or any school district of which an incorporated city or town is a part, or such other school districts now existing or hereafter formed as may be approved by the county board of education; provided further, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election; provided further, that no district tax shall be voted or collected except in such counties as are levying and collecting not less than a three-mill special county school tax.

Section 3. The funds arising from the special county school tax levied and collected by any county shall be apportioned and expended as the law may direct, and the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district, as the law may direct.[1]

Amendment 4

Montgomery County Salary Amendment.

Commencing at the beginning of their next term of office, subsequent to the general election to be held on the first Tuesday after the first Monday of November, 1916, the compensation and allowance of the following named county officers of Montgomery county shall be as follows: Salary of judge of probate of Montgomery county, $5,000.00 per year net; allowance of $5,500.00 per annum for office expenses, as follows: One clerk at $1,500.00 per annum; two clerks at $1,000.00 per annum each; one clerk at $800.00 per annum, and $1,200.00 per annum for all other expenses, including extra clerks. The said $1,200.00 to be paid to the judge of probate in monthly installments and disbursed by him. The tax collector of Montgomery county shall receive a salary of $4,000.00 per year net; allowance of $1,500.00 per year for his clerk in said office, and $1,000.00 for extra help. The tax assessor of Montgomery county shall receive a salary of $4,000.00 per year net; allowance of $1,500.00 per year for a chief clerk in said office; $900.00 for an assistant clerk in said office and $600.00 per year for extra help. The sheriff of Montgomery county shall receive a salary of $4,000.00 per year net; allowance of $1,200.00 per year for a chief clerk in said office; $1,380.00 per year for a chief deputy; $2,200.00 per year for two deputies in said office, and $1,000.00 for extra assistance. These amounts to be paid out of the county treasury of Montgomery county. This shall not interfere with the amounts now or hereafter allowed the sheriff for guards at the county jail or bailiffs for courts, nor with the provisions for feeding prisoners. The sheriff shall receive amounts now provided by law, and shall cover the same into the county treasury of Montgomery county, and the board of revenue of Montgomery county shall pay out of the county treasury of Montgomery county the expenses incurred by the sheriff in feeding said prisoners. The above named amounts shall be in lieu of all compensations and allowances to the respective named officers. These amounts shall be paid out of the county treasury of Montgomery county as the salaries of other county officers are paid. The above named officers shall collect the fees heretofore collected by them and shall cover such fees into the county treasury on the first Monday of each month. The board of revenue of Montgomery county shall provide said officers with necessary quarters, books, stationery and other conveniences. The legislature of Alabama may hereafter from time to time by local or general laws, fix, regulate and alter the amount of the above named salaries and allowances, including the method and basis of their compensation, also fix, regulate and alter amount of compensation received by all other county officers of said county.[1]

Amendment 5

See also: Section 250, Article XIII, Alabama Constitution

REPEALED: Section 250.

That the Constitution of Alabama be and the same is hereby amended by repealing and striking out of the Constitution section 250 of article 13 of the Constitution which section is as follows: "Holders of bank notes, and depositors, who have not stipulated for interest, shall, for such notes and deposits, be entitled in case of insolvency, to preference of payment over all other creditors, provided this section shall apply to all banks, whether incorporated or not."[1]

Amendment 6

Additional School Tax in City of Selma.

The city of Selma, in addition to the taxes it is now authorized and empowered to levy and collect, shall levy and collect annually an additional tax of two-tenths of one per centum upon the value of the property therein as fixed for state taxation, to be applied exclusively to the maintenance of public schools therein, and shall levy and collect annually a further additional tax of one-tenth of one per centum upon the value of the property therein as fixed for state taxation, to be applied exclusively to public school buildings therein and improvements and repairs thereon, or to the payment of indebtedness contracted for the same by the city of Selma, or to the maintenance of public schools therein or to any one or more of these purposes; provided that these taxes shall be in lieu of all other city taxes now required to be levied or appropriated by the city of Selma for the support of schools or for school purposes.[1]

Amendment 7

REPEALED: Exempting Sailors and Soldiers From The Payment of Poll Tax.[1]

Amendment 8

Municipal Tax Amendment.

The municipalities of Tuscumbia, Sheffield, Hurtsboro, Russellville, Lanett, Demopolis, Pell City, Heflin, Columbiana, Carrollton, Opelika, Fairhope, Pine Hill, Scottsboro, Stevenson, Ashland, Brewton, Pollard, Flomaton, Atmore, Inglenook, Tuskegee, Aliceville, Gordo, Reform, Livingston, Camden, Monroeville, Phoenix and Girard, Birmingham, Bessemer, Florence, Huntsville, Selma, Fairfield, Anniston, Athens, Jacksonville, Auburn, Carbon Hill, and Lafayette in the state of Alabama, shall have the power and right to levy and collect a tax of one-half of one per centum in any one year on property situated therein, based on the valuation of such property as assessed for state taxation for the tax year ending on the 30th day of September next, succeeding the levy; provided, that for the purpose of paying bonds issued and outstanding at the time of the adoption of this amendment and the interest thereon, and for the purpose of paying bonds which may be issued after the adoption of this amendment and the interest thereon, an additional tax of one-half of one per centum may be levied and collected by said corporations; provided further, that a majority of the qualified electors of any of said municipal corporations voting at an election called for that purpose may vote a special tax not to exceed one-half of one per centum in any one year for any special purpose or purposes, which tax shall be used only for the purpose or purposes for which same is levied and collected; provided, however, that the total tax to be levied by any of said municipal corporations shall not exceed one and one-half (1 1/2) per centum in any one year. Provided, further, that the adoption of this amendment, shall in no wise affect, limit, modify, abridge, or impair the power, authority or right of either of said municipal corporations to levy and collect the special school taxes, now or hereafter vested in or conferred upon them, or any of them, under the Constitution or any amendment thereto; including the power of said city of Selma to levy and collect the taxes for schools and school purposes vested in and conferred upon said city of Selma by the amendment to the Constitution of Alabama adopted thereto, at the general election held in November, 1916, and which was submitted under Law Number 315, General Laws, 1915, page 337 [Amendment No. 6]. Each election held under the provisions hereof shall be ordered, held, canvassed and may be contested in the same manner as is or may be provided by the law applicable to the municipal corporations for elections to authorize the issuance of municipal bonds. The ballots used at such election shall contain the words: "For ... excess rate of taxation for the year (or years) ..."and "Against... excess rate of taxation for the year (or years) ..." The rate of taxation proposed in excess of the rate of one (1) per centum to be shown in the blank space provided therefor and the year or years in which the proposed rate is to apply to be shown in the blank space provided therefor; and in the event different excess rates are proposed for different years the words mentioned shall be repeated as often as may be necessary to show separately the different rates proposed to be applied to the respective years. And the voter shall record his choice, whether for or against the excess rate or rates, shown by placing a cross mark before or after the words expressing his choice. Nothing herein contained shall in any wise change or affect the rights of any holder of bonds of said municipal corporations heretofore issued. Elections to authorize the levy of such special tax may be held as often as ordered by the governing body of the municipality but when a proposition is submitted to the electors to levy a special tax for a specific purpose, and such proposition is defeated no second election for the same purpose shall be held in one year thereafter.[1]

Amendment 9

REPEALED: Art. XX. To Provide for Bonds for the Construction of Roads and Highways.[1]

Amendment 10

See also: Section 194 1/2, Article VIII, Alabama Constitution

Poll Tax Exemption Amendment.

Section 194 1/2: Exemption of World War I veterans from payment of poll tax prior to October 1, 1923.

No person who honorably served in the military or naval service of the United States between January 1, 1917, and November 11, 1918, shall be required to pay the poll tax mentioned in the Constitution of Alabama prior to October 1, 1923; such persons shall be exempt from the payment of all poll taxes which have or may hereafter accrue prior to October 1, 1923. This section shall be self-executing and retroactive. The judges of probate shall issue certificates of exemption from the payment of such poll taxes to the persons entitled thereto under such rules and regulations as may be prescribed by the governor.[1]

Amendment 11

Road Bond Issue Amendment.

Section 1. The state is authorized to engage in the construction, improvement, repair and maintenance of public roads, highways, and bridges in the state of Alabama. To this end, and for this purpose, the state is authorized to appropriate funds; and also to issue and sell interest-bearing negotiable state bonds, in an amount not to exceed the sum of twenty-five million dollars ($25,000,000.00) to be issued in such denominations, numbers, and series, and maturing at such time, as may be provided by law; but such bonds shall bear a rate of interest not greater than six per centum per annum, payable semi-annually, and shall be sold at a price not less than the par value thereof. Provided, that no bonds shall be issued or sold under this provision to such an amount that the interest thereon will exceed the net amount of vehicle license tax collected for the year preceding the issuance of same, and which is set apart for the payment of interest on said bonds. The state highway commission or highway department shall locate, construct, and maintain highways and state trunk roads so as to connect each county seat with the county seat of the adjoining county by the most direct or most feasible route, or by a permanent road, having due regard to the public welfare, and to connect the county seats of the several border counties at or near the state line with a public road in the border states. Provided, that in counties which are divided into two or more judicial divisions in each of which regular terms of circuit court are held; the places where said terms of court are held shall likewise be connected with each other. It shall be the duty of said highway commission or highway department to equitably apportion among the several counties the expenditure of both money and labor and the time or times of making such investments. Not less than one-quarter of a million dollars of the proceeds of these bonds shall be set aside and expended by the state highway commission in each county in the state. To create a sinking fund for the prompt and faithful payment of the principal and interest on these bonds and for the construction, maintenance, and improvement of such public highways, roads, and bridges, the legislature shall levy a special annual license or privilege tax on all automobiles, and on all motor driven vehicles which may be used on the public roads and highways of this state. Such bonds when issued shall be a direct obligation of the state, and for the prompt and faithful payment of the principal and interest thereon the full faith and credit of the state is hereby irrevocably pledged, and such bonds shall be exempt forever from all taxes of every kind.[1]

Amendment 12

See also: Section 93, Article IV, Alabama Constitution

Amendment of Section 93.

State engaging in internal improvements or lending money or credit for same; state interest in private or corporate enterprises; construction, maintenance, etc., of public roads, highways and bridges and harbors and seaports.

The state shall not engage in works of internal improvement, nor lend money or its credit in aid of such, except as may be authorized by the Constitution of Alabama or amendments thereto; nor shall the state be interested in any private or corporate enterprise, or lend money or its credit to any individual, association, or corporation, except as may be expressly authorized by the Constitution of Alabama, or amendments thereto; but when authorized by laws passed by the legislature the state may appropriate funds to be applied to the construction, repair, and maintenance of public roads, highways and bridges in the state; and when authorized by appropriate laws passed by the legislature the state may at a cost of not exceeding ten million dollars engage in the work of internal improvement, or promoting, developing, constructing, maintaining, and operating all harbors and seaports within the state or its jurisdiction, provided, that such work or improvement shall always be and remain under the management and control of the state, through its state harbor commission, or other governing agency. The adoption of this amendment shall not affect in any manner any other amendment to the Constitution of Alabama which may be adopted pursuant to any act or resolution of this session of the legislature.[1]

Amendment 13

Tax Rates in Jasper, Cordova, Dora, Oxford, Talladega, Citronelle, Girard, Albany and Tuscaloosa.

The following municipal corporations, Jasper, Cordova, Dora, Oxford, Talladega, Citronelle, Girard, Albany, and Tuscaloosa, through their respective constituted governing authorities may levy and collect a rate of taxation on the property situated therein, not exceeding in the total in any one year one per centum of the value of such property as assessed as provided by the Constitution and the statutes now or hereafter enacted pursuant to the Constitution; provided that the adoption of this amendment, shall in no wise affect, limit, modify, abridge or impair the power, authority, or right of any of said municipal corporations to levy and collect the special school taxes, now or hereafter vested in or conferred upon them under the Constitution or any amendment thereto, which said special school taxes shall be in excess of said one per centum herein provided for.[1]

Amendment 14

See also: Section 194 1/2, Article VIII, Alabama Constitution

Poll Tax Exemption Amendment.

Section 194 1/2: Exemption of World War I veterans from payment of poll tax.

No person who honorably served in the military or naval service of the United States between January 1, 1917, and November 11, 1918, shall be required to pay the poll tax mentioned in the Constitution of Alabama; such persons shall be exempt from the payment of all poll taxes which have accrued or may hereafter accrue. This section shall be self-executing and retroactive. The judge of probate shall issue certificates of exemption from the payment of such poll taxes to the persons entitled thereto under such rules and regulations as may be prescribed by the governor.[1]

Amendment 15

Drainage Systems, Public Roads and Seawalls.

The legislature may form or provide for the formation of districts for establishing and maintaining a drainage system; for the building and maintaining of public roads, and for building and maintaining a seawall or other protection against waves, storm or flood therein; and provide for the assessment of the whole or part of the cost of such improvements against the land in such districts to the extent of the increased value of such land by reason of the special benefits derived from such improvements, and may provide for issuance of bonds by such district with or without an election. Provided the provisions as to road and seawall shall apply only to Mobile and Baldwin counties.[1]

Amendment 16

Mobile County School Tax.

The county of Mobile, through its constituted governing authorities, may levy and collect for public school purposes, a rate of taxation, on the property situated therein, not exceeding in the total of any one year, one-fifth ( 1/5) of one (1) per centum of the value of such property as assessed as provided by the Constitution of Alabama and the statutes now or hereafter enacted pursuant to the said Constitution of Alabama, which said one-fifth ( 1/5) of one (1) per centum shall be in addition to taxes levied and collected under and pursuant to the authority of section 215 of the Constitution of Alabama of 1901, and taxes levied and collected under and pursuant to article XIX of the Constitution of Alabama of 1901, which article XIX was added to said Constitution by amendment; and existing laws attempting or purporting to authorize, empower and direct the said constituted authorities of the county of Mobile to levy and assess such a special tax in addition to the taxes levied and collected under and pursuant to section 215 of the Constitution as aforesaid and taxes levied and collected under and pursuant to article XIX of the Constitution as aforesaid are hereby validated and confirmed.[1]

Amendment 17

Tax Rates in Certain Municipalities.

The municipalities of Thorsby, Piedmont, and Greenville, and Roanoke, and Greensboro and Calera, Florala and Opp, Evergreen and Fayette, and Clayton and Clio in the state of Alabama, shall have the power and right to levy and collect a tax of one-half of one per centum in any one year on property situated therein, based on the valuation of such property as assessed for state taxation for the tax year ending on the thirtieth day of September next succeeding the levy; provided that for the purpose of paying bonds or indebtedness issued and outstanding at the time of the adoption of this amendment and the interest thereon, for the purpose of paying bonds or indebtedness which may be issued or incurred after the adoption of this amendment and the interest thereon, and an additional tax of one-half of one per centum may be levied and collected by said corporations; provided further, that a majority of the qualified electors of any of said municipal corporations voting at an election called for that purpose may vote a special tax not to exceed one-half of one per centum in any one year for any special purpose or purposes, which tax shall be used only for the purpose or purposes for which same is levied and collected; provided, however, that the total tax to be levied by any of said municipal corporations shall not exceed one and one-half (1 1/2) per centum in any one year. Alabama City shall have the power and right to levy and collect a tax of three-quarters of one per centum in any one year on property situated therein, based on the valuation of such property as assessed for state taxation. Provided, further, that the adoption of this amendment shall in no wise affect, limit, modify, abridge or impair the power, or authority or right of either of said municipal corporations to levy and collect the special school taxes, now or hereafter vested in or conferred upon them, or any of them, under the Constitution or any amendment thereto; including the power of the city of Selma to levy and collect the taxes for schools and school purposes vested in and conferred upon said city of Selma by the amendment to the Constitution of Alabama adopted thereto at the general election held in November, 1916, and which was submitted under Law Number 315, General Laws 1915, page 337 [Amendment No. 6], each election held under the provisions hereof shall be ordered, held, canvassed and may be contested in the same manner as is or may be provided by the law applicable to the municipal corporations for elections to authorize the issuance of municipal bonds. The ballots used at such election shall contain the words: "For .... excess rate of taxation for the year (or years) ....;" and "Against .... excess rate of taxation for the year (or years) ....." The rate of taxation proposed in excess of the rate of one (1) per centum to be shown in the blank space provided therefor and the year or years in which the proposed rate is to apply to be shown in the blank spaces provided therefor; and in the event different excess rates are proposed for different years the words mentioned shall be repeated as often as may be necessary to show separately the different rates proposed to be applied to the respective years. And the voter shall record his choice, whether for or against the excess rate or rates shown by placing a cross mark before or after the words expressing his choice. Nothing herein contained shall in any wise change or affect the rights of any holder of bonds of municipal corporations heretofore issued. Elections to authorize the levy of such special tax may be held as often as ordered by the governing body of the municipality but when a proposition is submitted to the electors to levy a special tax for a specific purpose, and such proposition is defeated no second election for the same shall be held in one year thereafter.[1]

Amendment 18

Mobile County Road Bonds.

Mobile county may become indebted and may issue bonds for the construction or improvement of concrete or better than concrete surfaced public roads, and concrete or better than concrete public bridges in said county, and for the construction of bridges and roadway necessary to provide a public road for vehicular travel between the highlands of Mobile and Baldwin counties, in an amount not to exceed six and one-half per centum of the assessed value of the property situated in Mobile county. To pay said indebtedness and interest thereon, Mobile county may levy and collect an annual tax on said property not to exceed one-half of one per centum of said value. The indebtedness, the bonds and the tax authorized hereby shall be in addition to those authorized by the Constitution of Alabama prior to the adoption of this amendment. But no such additional indebtedness shall be created, and no such additional bonds shall be issued, and no such additional tax shall be levied, until each improvement or construction proposed to be built thereby, its approximate location, estimated cost and time of completion, and the amount of the proposed increase, shall have been determined upon and made public by the board of revenue and road commissioners of Mobile county, and the proposed increase of indebtedness or issue of bonds or tax therefor shall have been first authorized by a majority vote by ballot of the qualified voters of Mobile county voting upon such proposition.[1]

Amendments

  • Amended by: Amendments 152 and 363, Alabama Constitution

Amendment 19

Walker County Special Road Tax.

Section 1. The county of Walker, state of Alabama, shall have power to levy and collect a special road tax not exceeding fifty cents on each hundred dollars worth of taxable property in said county in addition to that now authorized or that may hereafter be authorized for the erection, construction or maintenance of the necessary public roads, bridges or ferries and in addition to that now authorized under section 215 of article XI of the Constitution, which special county tax so levied and collected shall be applied exclusively to the purpose for which the same was so levied and collected, provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have first been submitted to the vote of the qualified electors of the county, and voted for by a majority of those voting at such election.

Section 2. Twenty-five per centum of all moneys derived from property lying within the municipalities and arising from the tax proposed herein shall be paid to such municipality and shall, by it, be expended for upkeep of its streets.

Section 3. The court of county commissioners, boards of revenue, or other governing body of said county may, or upon written petition of ten per centum of the qualified voters of Walker county, shall call and submit said election provided for and authorized by section 1 hereof to the qualified electors of Walker county either at the time of the general election or at a special election called for that purpose; provided, that said election shall be called and held in accordance with the law now or that may be enacted governing county bond elections, and in conformity with the general election laws of the state.[1]

Amendment 20

Tax Elections in Certain School Districts in Lawrence County.

Town Creek school district No. 59, Landersville school district No. 23, and Moulton school district No. 28, in Lawrence county, Alabama, shall each have the right and power by vote of a majority of the qualified electors of such district at an election held for that purpose to levy and collect for the purpose of acquiring, constructing or repairing of school buildings in such districts or paying for school buildings already built, a tax of not over five mills in any one year, in addition to all other taxes now authorized by law. The election in such district to determine whether or not such tax shall be levied shall be called, held and conducted as now provided by law for calling, holding and conducting of elections to determine whether or not a three-mill district school tax shall be levied and collected.[1]

Amendment 21

Art. XXA. State Roads, Highways and Bridges—Bond Issue.

The state is authorized to engage in the construction, improvement, repair and maintenance of public roads, highways and bridges in the state of Alabama. To this end and for this purpose the state is authorized to appropriate funds, and also to issue and sell interest-bearing negotiable state bonds in addition to those already authorized and sold under article XX, as an amendment to the Constitution of 1901, in an amount not to exceed the sum of twenty-five million dollars ($25,000,000.00); to be issued in such denominations, numbers and series, and maturing at such times as may be provided by law; all such bonds shall bear a rate of interest not greater than six per cent per annum, payable semi-annually, and shall be sold at a price not less than the par value thereof. The state highway commission or highway department shall locate, construct and maintain highways and state trunk roads so as to connect each county seat with the county seat of the adjoining county by the most direct or feasible route or by a permanent road, having due regard to the public welfare; and to connect the county seats of the several border counties at or near the state line with a public road in the border state. Provided that in counties which are divided into two or more judicial divisions in each of which regular terms of the circuit court are held, the places where said terms of court are held, shall likewise be connected with each other. It shall be the duty of the highway commission or highway department to equitably apportion among the several counties of the state the expenditure of both money and labor and the time or times of making such investment. Not less than one-quarter of a million dollars of the proceeds of these bonds shall be set aside and expended by the state highway commission in each county in the state. To create a sinking fund for the prompt and faithful payment of the principal and interest on these bonds and for the construction, maintenance and improvement of such public highways, roads and bridges, the legislature shall levy an excise tax, in addition to the levy made February 10, 1923, of two cents per gallon upon gasoline or any substitute therefor, or an adequate license or excise tax on any other motive power used to propel auto vehicles. Such bonds when issued shall be a direct obligation of the state and for the prompt and faithful payment of the principal and the interest thereon the full faith and credit of the state is hereby irrevocably pledged and such bonds shall be exempt forever from taxes of every kind.[1]

Amendment 22

Drainage Districts.

Section 1. The legislature may form or provide for the formation of drainage districts for establishing and maintaining drainage systems; and provide for the assessment of the whole or part of the cost of such improvements against the lands and property in such district to the extent of the increased value thereof by reason of special benefits derived from such improvements and may provide for the issuance of bonds for such districts with or without an election.

Section 2. This amendment shall be retroactive and retrospective and shall operate to ratify, confirm and validate the act of the legislature of Alabama, which act provided for the drainage of farm, wet, swamp and overflow lands in the state of Alabama and authorized the organization of drainage districts, conferred the right of eminent domain to the extent necessary to carry out the purpose of said act and provided for raising of revenues by bond issue or otherwise to pay the cost and expense of installing and maintaining drainage systems so as to promote the public health and general welfare and, which act was approved March 4, 1915; and this amendment shall operate to confirm and validate all corporate organizations under authority of such law, all procedure had, all acts done, all bonds issued, contracts entered into and assessments made by such corporations under authority of such law.[1]

Amendment 23

See also: Section 219, Article XI, Alabama Constitution

Repeal of Section 219; Inheritance and Estate Taxes.

Article XXI. Section 219 of the present Constitution is hereby annulled and set aside and hereafter the legislature of Alabama may provide for the assessment, levy and collection of a tax upon inheritances and for the levying of estate taxes not to exceed in the aggregate the amounts which may by any law of the United States be allowed to be credited against or deducted from any similar tax upon inheritances or taxes on estates assessed or levied by the United States on the same subject. The legislature shall have the power to levy such inheritance or estate taxes in the state of Alabama only so long as and during the time an inheritance or estate tax is enforced by the United States against Alabama inheritances or estate, and shall only be exercised or enforced to the extent of absorbing the amount of any deduction or credit which may be permitted by the laws of the United States now existing or hereafter enacted to be claimed by reason thereof as deduction or credit against such similar tax of the United States applicable to Alabama inheritances or estates.[1]

Amendment 24

See also: Section 284, Article XVIII, Alabama Constitution

Amendment of Section 284.

Manner of proposing amendments; submission of amendments to electors; election on amendments; proclamation of result of election; basis of representation in legislature not to be changed by amendment.

Amendments may be proposed to this Constitution by the legislature in the manner following: The proposed amendments shall be read in the house in which they originate on three several days, and, if upon the third reading three-fifths of all the members elected to that house shall vote in favor thereof, the proposed amendments shall be sent to the other house, in which they shall likewise be read on three several days, and if upon the third reading three-fifths of all of the members elected to that house shall vote in favor of the proposed amendments, the legislature shall order an election by the qualified electors of the state upon such proposed amendments, to be held either at the general election next succeeding the session of the legislature at which the amendments are proposed or upon another day appointed by the legislature, not less than three months after the final adjournment of the session of the legislature at which the amendments were proposed. Notice of such election, together with the proposed amendments, shall be given by proclamation of the governor, which shall be published in every county in such manner as the legislature shall direct, for at least four successive weeks next preceding the day appointed for such election. On the day so appointed an election shall be held for the vote of the qualified electors of the state upon the proposed amendments. If such election be held on the day of the general election, the officers of such general election shall open a poll for the vote of the qualified electors upon the proposed amendments; if it be held on a day other than that of the general election, officers for such election shall be appointed; and the election shall be held in all things in accordance with the law governing general elections. In all elections upon such proposed amendments, the votes cast thereat shall be canvassed, tabulated and returns thereof be made to the secretary of state, and counted, in the same manner as in elections for representatives in the legislature; and if it shall thereupon appear that a majority of the qualified electors who voted at such election upon the proposed amendments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Constitution. The result of such election shall be made known by proclamation of the governor. Representation in the legislature shall be based upon population, and such basis of representation shall not be changed by constitutional amendments.[1]

Amendment 25

Income Taxes.

Article XXII. The legislature shall have the power to levy and collect taxes for state purposes on net incomes from whatever source derived within this state, including the incomes derived from salaries, fees and compensation paid from the state, county, municipality, and any agency or creature thereof, for the calendar year, 1933, and thereafter and to designate and define the incomes to be taxed and to fix the rates of taxes, provided that the rate shall not exceed 5 percent nor 3 percent on corporations. Income shall not be deemed property for purposes of ad valorem taxes. From net income an exemption of not less than fifteen hundred dollars ($1,500.00) shall be allowed to unmarried persons and an exemption of not less than three thousand dollars ($3,000.00) shall be allowed to the head of a family, provided that only one exemption shall be allowed to husband and wife where they are living together and make separate returns for income tax. An exemption of not less than three hundred dollars ($300.00) shall be allowed for each dependent member of the family of an income tax payer under the age of 18 years. The legislature shall reduce the ad valorem tax from time to time when and to such an amount as the revenue derived from the income tax will justify. In the event the legislature levies an income tax, such tax must be levied upon the salaries, income, fees, or other compensation of state, county and municipal officers and employees, on the same basis as such income taxes are levied upon other persons. All income derived from such tax shall be held in trust for the payment of the floating debt of Alabama until all debts due on Oct. 1st, 1932, are paid and thereafter used exclusively for the reduction of state ad valorem taxes.[1]

Amendment 26

See also: Section 213, Article XI, Alabama Constitution

Amendment of Section 213.

Creation of state debt after ratification of Constitution; temporary loans; refunding bonds for existing indebtedness; payment of interest on certain outstanding and unpaid state warrants; sinking fund for payment of floating indebtedness; warrants not to be drawn on state treasury unless money available for payment; unpaid appropriations for which money unavailable at end of fiscal year.

After the ratification of this Constitution, no new debt shall be created against, or incurred by the state, or its authority except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each house of the legislature, and the vote shall be taken by yeas and nays and entered on the journals; provided, the governor may be authorized to negotiate temporary loans, never to exceed three hundred thousand dollars, to meet the deficiencies in the treasury, and until the same is paid no new loan shall be negotiated; (provided, further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the existing bonded indebtedness of the state. Provided, further, that this section shall not be construed as to prevent the governor from paying interest at the rate of not exceeding 5% per annum payable semi-annually from July 1, 1933, on the floating indebtedness of the state at the close of business on September 30, 1932, as shown by outstanding and unpaid warrants drawn on the treasury, as provided by law, amounting in the aggregate to $16,943,357.12 and items enumerated in an act of the legislature number 294, being senate bill 272, approved November 9, 1932 [Acts 1932, Ex. Sess., p. 298], all of which are hereby ratified and confirmed.) All warrants and/or instruments issued or to be issued representing such indebtedness shall be a direct obligation of the state, and for the prompt and faithful payment of the principal and interest thereon, the full faith and credit of the state is hereby irrevocably pledged, and such warrants and/or instruments shall be exempt forever from all taxes of every kind. Any act creating or incurring any new debt against the state, except as herein provided for, shall be absolutely void. To create a sinking fund for the prompt and faithful payment of the floating indebtedness of the state, and interest thereon, the net proceeds of any income tax which may be levied by the legislature pursuant to law is hereby pledged. To prevent further deficits in the state treasury, it shall be unlawful from and after the adoption of this amendment for the state comptroller of the state of Alabama to draw any warrant or other order for the payment of money belonging to, or administered by, the state of Alabama upon the state treasurer, unless there is in the hand of such treasurer money appropriated and available for the full payment of the same. In case there is, at the end of any fiscal year, insufficient money in the state treasury for the payment of all proper claims presented to the state comptroller for the issuance of warrants, the comptroller shall issue warrants for that proportion of each such claim which the money available for the payment of all said claims bears to the whole, and such warrants for such prorated sums shall thereupon be paid by the state treasurer. At the end of each fiscal year all unpaid appropriations which exceed the amount of money in the state treasury subject to the payment of the same after the proration above provided for, shall thereupon become null and void to the extent of such excess. Any person violating any of the provisions of this amendment shall, on conviction, be punished by a fine of not exceeding five thousand dollars, or by imprisonment in the penitentiary for not more than two years, one or both, at the discretion of the jury trying the same, and the violation of any provisions of this amendment shall also be ground for impeachment.[1]

Amendment 26A

Suspension of Restriction on Diminishing Public Salaries, etc.

Article XXIV. All provisions of the Constitution which prohibit or restrict the legislature from decreasing or diminishing the salary, fees or compensations of any executive, legislative or judicial officer or of any public officer or of any officer holding any civil office of profit under this state or any county or municipality thereof, whether elected or appointed, during the term for which he shall have been elected or appointed are hereby suspended until October 1, 1935. Provided that from and after the first day of the month next succeeding the date of the ratification and adoption of this amendment no salary, compensation, fees or commissions paid to any officer under the state or any county or municipality thereof, shall exceed the sum of six thousand dollars per annum. Said limitation of $6,000.00 to be inoperative after October 1, 1935. Any act of the legislature heretofore adopted decreasing or diminishing the salary, fees or compensation of any such officer or officers, and which by its terms is to become effective after the expiration of the present term of any such officer or officers, shall, by virtue hereof, become effective from and after the first day of the month next succeeding the date of the ratification and adoption of this amendment; provided, however, that should the legislature adopt any other act or acts decreasing or diminishing the salary, fees or compensation of any such officer or officers during the term for which such officer or officers may have been elected or appointed in a larger amount, such subsequent act or acts shall control. Any other act of the legislature adopted prior to October 1, 1935, decreasing or diminishing the salary, fees or compensation of any such officer or officers, during the term for which such officer or officers may have been elected or appointed, shall be effective from and after the first day of the month next succeeding the date of the ratification and adoption of this amendment, or from and after the adoption by the legislature of any such act decreasing or diminishing the salary, fees or compensation of such officer or officers.[1]

Amendment 27

See also: Section 229, Article XII, Alabama Constitution

Amendment of Section 229.

Special laws conferring corporate powers prohibited; general law as to grant or amendment of corporate charters; corporation franchise taxes to be paid; exemption of benevolent, educational or religious corporations and federal building and loan associations from franchise taxes.

The legislature shall pass no special act conferring corporate powers, but it shall pass general laws under which corporations may be organized and corporate powers obtained, subject, nevertheless, to repeal at the will of the legislature; and shall pass general laws under which charters may be altered or amended. The legislature shall, by general laws, provide for the payment to the state of Alabama of a franchise tax by corporations organized under the laws of this state which shall be in proportion to the amount of capital stock; but strictly benevolent, educational or religious corporations or federal building and loan associations organized pursuant to an act of congress known as the Home Owners' Loan Act of 1933, as amended, and as the same may hereafter be amended, or building and loan associations organized under or authorized to do business by the laws of Alabama shall not be required to pay such a tax on their withdrawable or repurchasable shares. The charter of any corporation shall be subject to amendment, alteration, or repeal under general laws. Exemption of the shares of building and loan associations from franchise taxes heretofore provided by statute is ratified.[1]

Amendment 28

Costs, Fees, Salaries, etc., of Certain Officers in Mobile County.

The legislature of Alabama may hereafter from time to time by general or local laws, but subject to the provisions of section 281 of the Constitution of Alabama, fix, regulate and alter the costs, charges of court, fees, commissions, allowances or salaries to be charged or received by the following county officers of Mobile county, Alabama, being, the judge of probate, the tax assessor, the tax collector, the clerk of the circuit court, and the register of the circuit court, including the method and basis of the compensation of such officers.[1]

Amendment 29

Mobile County Bonds.

The legislature of Alabama may authorize Mobile county to issue bonds from time to time, not exceeding in the aggregate $1,600,000.00, which bonds, or the proceeds thereof, shall be used exclusively for paying valid and enforceable unbonded obligations of Mobile county, and unbonded obligations of Mobile county which would be valid and enforceable but for the provision or provisions of the Constitution of Alabama of 1901 fixing the debt limit of said county, and all past due interest and principal on any valid and enforceable bonded obligations of said county, existing on September 30th, 1936. In September of each year after the adoption of this amendment to the Constitution, the governing body of Mobile county shall adopt a budget based on 95 percent of the gross receipts of the general fund of the preceding year for the succeeding fiscal year beginning October 1st, and the expenses of such county for any such fiscal year shall not exceed the revenues of the county for that year. All debts contracted or liabilities incurred by the said county in excess of such revenues shall be void. The governing body of Mobile county may, during any such fiscal year, borrow additional money to the extent of twenty-five (25%) percent of the general revenues of such county for the preceding fiscal year, and pledge to secure the payment thereof the general revenues of the county for such current fiscal year only, such loans to be paid within that fiscal year or from the pledged general revenues of the county subsequently collected for that year, and any loan so made and not paid out of the general revenues of the county pledged to secure the same shall be void as to any amount remaining unpaid. The legislature shall not, after the adoption of this amendment, pass any law making any claim a preferred claim against said county, and all laws, or parts of laws, now in force and effect, making a claim a preferred claim against said county, are hereby annulled as to any future claim. The words "governing body of Mobile county" as herein used shall include any board or officer which is now or which may hereafter be vested with the powers and duties now or formerly exercised by the board of revenue and road commissioners of Mobile county, Alabama. Any person violating any of the provisions of this amendment shall, upon conviction, be punished by a fine not exceeding $5,000.00, or by imprisonment in the penitentiary for not more than two years, one or both, at the discretion of the jury trying the same, and the violation of any of the provisions of this amendment shall also be ground for impeachment.[1]

Amendment 30

Lawrence County Bonds.

Lawrence county may become indebted and may issue bonds therefor in an amount not exceeding $130,000 in addition to that now authorized, for the construction of and equipping of a courthouse in said county. To pay said indebtedness, and interest thereon, Lawrence county may levy and collect an annual tax on all property situated therein at a rate not in excess of 3 mills. The indebtedness, the bonds and the tax authorized hereby shall be in addition to those authorized prior to the adoption of this amendment. But no such additional indebtedness shall be incurred, no such bonds shall be issued and no such tax shall be levied until the estimated cost of the construction and equipping of said courthouse hereby proposed to be built, its time of completion, and the amount of the increased indebtedness, the rate of interest to be paid thereon, and the period over which the bonds to be issued will be refunded, shall have been determined upon and made public by the county governing body of said county; and the proposed increase in indebtedness and the issuance of bonds and the increase in rate of taxation first shall have been authorized by a majority of the qualified electors of said county voting upon such proposal at an election to be called by said county governing body for said purposes to be held not less than sixty (60) nor more than (120) one hundred twenty days after the adoption of this amendment.[1]

Amendment 31

Taxation in Municipality of Attalla.

(a) The municipality of Attalla, Alabama, through its governing body, may levy and collect from and after the date of this amendment the present rate of one percent ad valorem tax per annum, and said amount to be devoted to the payment of outstanding bonds, provide for schools, and such other purposes as may be designated by the governing body of said municipality, but before any additional tax now authorized by law can be levied, it must be voted by a majority of qualified electors of the municipality voting on such proposition at an election called by the governing body of said municipality for such purposes; providing that the total tax levied for all purposes by the said municipality of Attalla shall not exceed one per centum in any one year on the property situated therein, based on the valuation of such property as assessed for state taxation. (b) The adoption of this amendment shall in no wise effect, limit, modify, abridge or impair the power, authority or right of such municipality to levy and collect the special school taxes now or hereafter vested in or conferred upon it under the Constitution or any amendment thereto. (c) Each election held under the provisions of this amendment shall be ordered, held, canvassed and may be contested in the same manner as is or may be provided by the law applicable to municipal corporations, for elections to order the issuance of municipal bonds. The ballots used at such election shall contain the following words: "For authorization of a continuation of taxation at a rate not to exceed one percent per annum for the purpose of the payment of outstanding bonds, provide for schools, and such other purposes as may be designated by the governing body of said municipality." "Against authorization of a continuation of taxation at a rate not to exceed one percent per annum for the purpose of the payment of outstanding bonds, provide for schools, and such other purposes as may be designated by the governing body of said municipality." The rate of taxation proposed shall be printed upon the ballot in the space indicated therefor and for the year or years in which the proposed rate is to apply, and the purpose or purposes for which said tax is to be used shall likewise be placed in the respective places therefor. The voter shall record his choice either for or against authorization of the proposed rate for the proposed purpose or purposes by placing a cross mark before or after the words expressing his choice. Nothing herein contained shall in any wise change or effect the rights of any holder of bonds of said municipal corporations heretofore issued. Elections in said municipality to order the levy of such tax may be held as often as ordered by the governing body thereof, but when a proposition is submitted to the said municipality hereunder and such proposition is defeated, no second election shall be held in such municipality for one year thereafter. This amendment shall be self-operative without any additional legislation.[1]

Amendment 32

Tax Elections in Certain School Districts in Lawrence County.

Enon school district, Hendon school district, Oakville school district, Cave Springs school district, Center school district, Piney Grove school district, Shiloh school district and Speake school district in Lawrence county, Alabama, shall each have the right and power by vote of a majority of the qualified electors of such district at an election held for that purpose to levy and collect for the purpose of, acquiring, constructing or repairing of school buildings in such districts or paying for school buildings already built, a tax of not over three mills in any one year, in addition to all other taxes now authorized by law. The election in such district to determine whether or not such tax shall be levied shall be called, held and, conducted as now provided by law for calling, holding and conducting of election to determine whether or not a three mill district school tax shall be levied and collected.[1]

Amendment 33

Regulation of Salaries, etc., of Certain Public Officers in Calhoun and Tuscaloosa Counties.

The legislature of Alabama may hereafter, from time to time, by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by the tax assessors, tax collectors, probate judges, circuit clerks, sheriffs, and registers of the chancery courts, and including the right to place any one or all of said officers on a salary and provide for the fees charged and collected by said officers to be paid into the treasury from which their salaries are paid, and provide the method and basis of their compensation, or consolidate any of said offices in the following named counties: Calhoun and Tuscaloosa. All acts of the regular session of the legislature 1935 heretofore passed and applicable, or purporting to be applicable, to any or all of said counties, and fixing, or purporting to fix the compensation of said named county officers, on a salary basis, are hereby validated and confirmed.[1]

Amendment 34

Tax for Malaria Control in Limestone County.

The governing body of Limestone county must levy and collect for use in the control of malaria, in addition to all other taxes now authorized by law, a tax not in excess of one mill on all property situated within the county, based upon the valuation of such property in said county, as assessed for state taxation, provided such tax is authorized by a majority of the qualified electors of said county voting upon such proposition at an election called and held for the purpose of authorizing such tax. Such an election may be called at any time by the governing body of said county and shall be held and conducted and the results canvassed as now provided by law for holding and conducting and canvassing the returns of an election. The proceeds of the tax hereby authorized shall be used exclusively for the control of malaria and shall be expended through the proper fiscal agencies of the county government under the direction of the governing body of Limestone county and the Limestone county department of public health.[1]

Amendment 35

See also: Section 138, Article V, Alabama Constitution

Amendment of Section 138.

Election and term of office of sheriffs; sheriff eligible to succeed self; impeachment of sheriff; effect of impeachment of sheriff.

A sheriff shall be elected in each county by the qualified electors thereof who shall hold office for a term of four years unless sooner removed, and he shall be eligible to such office as his own successor. Whenever any prisoner is taken from jail, or from the custody of any sheriff or his deputy, and put to death, or suffers grevious [grievous] bodily harm, owing to the neglect, connivance, cowardice, or other grave fault of the sheriff, such sheriff may be impeached, under section 174 of this Constitution. If the sheriff be impeached, and thereupon convicted, he shall not be eligible to hold any office in this state during the time for which he had been elected or appointed to serve as sheriff.[1]

Amendment 36

Bonds for Erection, etc., of Jail in Morgan County.

Morgan county may become indebted and may issue bonds therefor in an amount not exceeding $115,000.00 in addition to that now authorized, for the acquiring and paying for additional real property adjoining that where the court house and jail now set and constructing and equipping a jail building in said county. To pay said indebtedness and interest thereon, Morgan county may levy and collect an annual tax on all property situated therein at a rate not in excess of one mill. The indebtedness, the bonds and the tax authorized hereby shall be in addition to those authorized prior to the adoption of this amendment. But no such additional indebtedness shall be incurred, no such bonds shall be issued and no such tax shall be levied until the estimated cost of acquiring and paying for additional real property adjoining that where the court house and jail now set and the cost of the construction and equipping of said jail building in said county hereby proposed to be built, its time of completion, the amount of the increased indebtedness, the rate of interest to be paid thereon and the period over which the bonds to be issued will be refunded, shall have been determined upon and made public by the county governing body of said county; and the proposed increase in indebtedness and the issuance of bonds and the increase in rate of taxation first shall have been authorized by a majority of the qualified electors of said county voting upon such proposal at an election to be called by said county governing body for said purpose to be held not less than sixty nor more than ninety days after the adoption of this amendment.[1]

Amendment 37

See also: Section 8, Article I, Alabama Constitution

Amendment of Section 8.

Proceeding against person by information; grand jury not required in misdemeanor cases; plea of guilty prior to indictment.

No person shall for any indictable offense be proceeded against criminally by information, except in cases arising in the militia and volunteer forces when in actual service, or when assembled under arms as a military organization, or, by leave of the court, for misfeasance, misdemeanor, extortion and oppression in office, otherwise than is provided in the Constitution; provided, that in cases of misdemeanor, the legislature may by law dispense with a grand jury and authorize such prosecutions and proceedings before justices of the peace or such other inferior courts as may be by law established. Provided further that in all felony cases, except those punishable by capital punishment, the legislature may by law dispense with a grand jury and authorize such prosecutions and proceedings in such manner as may be provided by law if the defendant, after having had the advice of counsel of his choice or in the event he is unable to employ counsel, the advice of counsel which must be appointed by the court, makes known in open court to a judge of a court having jurisdiction of the offense that he desires to plead guilty, provided, however, the defendant cannot plead guilty within fifteen days after his arrest.[1]

Amendment 38

See also: Section 124, Article V, Alabama Constitution

Amendment of Section 124.

Authority of governor to grant reprieves and commutations to persons under sentence of death; legislature to regulate administration of pardons, paroles, remission of fines and forfeitures, suspension of sentences and probation; pardon not relief from civil and political disabilities unless specifically provided.

The governor shall have power to grant reprieves and commutations to persons under sentence of death. The legislature shall have power to provide for and to regulate the administration of pardons, paroles, remission of fines and forfeitures, and may authorize the courts having criminal jurisdiction to suspend sentence and to order probation. No pardon shall relieve from civil and political disabilities unless specifically expressed in the pardon.[1]

Amendment 39

Time and Place of Meetings of Legislature; Biennial Sessions; Organizational Sessions; Election of President Pro Tempore of Senate and Speaker of House of Representatives; Maximum Length of Sessions; Compensation and Travel Allowances of Members of Legislature.

All sessions of the legislature shall be held at the capitol in the senate chamber and in the hall of the house of representatives; unless at any time it should from any cause become impossible or dangerous for the legislature to meet or remain at the capitol or for the senate to meet or remain in the senate chamber, or for the representatives to meet or remain in the hall of the house of representatives, in which case the governor may convene the legislature, or remove it after it has convened, to some other place, or may designate some other place for the sitting of the respective houses, or either of them, as necessity may require. The legislature shall convene on the second Tuesday in January next succeeding their election and shall remain in session for not longer than ten consecutive calendar days. No business can be transacted at such sessions except the organization of the legislature, the election of officers and the appointment of standing committees of the senate and the house of representatives for the ensuing four years, which election and appointment may, however, also be made at such other times as may be necessary, the opening and publication of the returns and the ascertainment and declaration of the results of the election for governor, lieutenant-governor, attorney-general, state auditor, secretary of state, state treasurer, superintendent of education and commissioner of agriculture and industries, the election of such officers in the event of a tie vote, the determination of contested elections for such offices, the judging of the election returns and qualification of the members of the legislature, and the inauguration of the governor and the other elected state officers whose terms of office are concurrent with that of the governor. At the beginning of each such organization session, and at such other times as may be necessary, the senate shall elect one of its members president pro tempore thereof, to preside over its deliberations in the absence of the lieutenant-governor, and the house of representatives shall elect one of its members as speaker, to preside over its deliberations. The president of the senate and the speaker of the house of representatives shall each hold his respective office until his successor has been elected and qualified. The legislature shall convene in regular sessions on the first Tuesday in May of 1943 and on the first Tuesday in May in each second year thereafter, until the date of meeting shall have been changed by act of the legislature and approved by the governor. No such regular session shall continue for longer than sixty consecutive calendar days. No special session of the legislature convened in the manner provided by this Constitution shall continue for longer than thirty consecutive calendar days. The pay of members of the legislature shall be ten dollars for each day during the period in which the legislature is in session but not exceeding in any event the number of calendar days for which the legislature is authorized to be in session. Each member of the legislature shall be paid ten cents per mile in going from his residence to, and in returning to his residence from, the seat of government, to be computed by the nearest usual route traveled, and not more than one such travel allowance shall be paid for each session of the legislature. The provisions of this Constitution in conflict herewith are hereby modified to conform to the provisions of this amendment. The provisions of this amendment shall become effective at the beginning of the term of the members of the legislature elected at the general election in 1942.[1]

Amendment 40

See also: Section 74, Article IV, Alabama Constitution

Amendment of Section 74.

Restrictions on investment of trust funds by executors, trustees, etc., in private corporations.

No act of the legislature shall authorize the investment of any trust fund by executors, administrators, guardians, or other trustees in the stock of any private corporation; any such acts now existing are avoided, saving investments heretofore made; provided, however, that, unless otherwise provided by the legislature, any of said mentioned trust funds may be invested in corporation or institutions, investments in which are guaranteed as to principal by the United States government or insured as to principal by any instrumentality or agency thereof, provided such investments shall not exceed the amount insured by any such instrumentality or agency.[1]

Amendment 41

See also: Section 190, Article VIII, Alabama Constitution

Amendment of Section 190.

Duty of legislature to pass laws regulating elections, primary elections and purging of registration lists; provision for use of voting machines.

The legislature shall pass laws not inconsistent with this Constitution to regulate and govern elections and all such laws shall be uniform throughout the state except that the legislature may, by general or local law, permit the use of voting machines or other mechanical devices, for registering, recording and computing the votes at all elections, including primary elections, in any county, municipality, or other political subdivision of the state, under such regulations provided by general law with reference thereto as the legislature may from time to time prescribe; and shall provide by law for the manner of holding elections and of ascertaining the result of the same, and shall provide general registration laws not inconsistent with the provisions of this article for the registration of all qualified electors from and after the first day of January, nineteen hundred and three. The legislature shall also make provision by law, not inconsistent with this article, for the regulation of primary elections and for punishing frauds at the same, but shall not make primary elections compulsory. The legislature shall by law provide for purging the registration list of the names of those who died, become insane, or convicted of crime, or otherwise disqualified as electors under the provisions of this Constitution, and of any names which may have been fraudulently entered on such list by the registrars; provided, that a trial by jury may be had on the demand of any person whose name is proposed to be stricken from the list.[1]

Amendment 42

Bonds to Pay or Retire Alabama Bridge Commission Bonds.

The state of Alabama is hereby authorized to issue not exceeding $900,000 aggregate principal amount of bonds for the purpose of paying or retiring prior to maturity, the bonds of Alabama bridge commission (an agency of the state of Alabama) which were outstanding on July 1, 1939. Said bonds shall be general obligations of the state of Alabama, to the prompt payment of the principal of and interest on which the full faith and credit and taxing power of the state are hereby irrevocably pledged, and all of said bonds, together with any other bonds of the state providing for a pledge of said gasoline excise tax which may be authorized by constitutional amendment ratified on the same day as this amendment is ratified shall be additionally secured, without priority of one bond over another, by a pledge of the proceeds of the gasoline excise tax, authorized to be pledged to the highway bonds provided for in the amendment to the Constitution known as article XXA [Amendment No. 21], subject, however, to the prior pledge of said gasoline tax to said highway bonds. The bonds hereby authorized shall bear interest at not exceeding three per centum (3%) per annum, payable semi-annually, and shall be sold at not less than the par value thereof. Said bonds and the interest thereon shall be forever exempt from taxes of every kind. Said bonds shall be issued at such time or times, in such denominations and series and shall mature at such times, not later, however, than fifteen (15) years from the date of issuance, and shall have such other terms and conditions as may be provided by law.[1]

Amendment 43

Regulation of Salaries, etc., of Certain Public Officers in Etowah and Cherokee Counties.

The legislature of Alabama may hereafter, from time to time by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by the tax assessors, tax collectors, probate judges, circuit clerks, sheriffs, and registers of the equity courts, and including the right to place any one or all of said officers on a salary and provide for the fees charged and collected by said officers to be paid into the treasury from which their salaries are paid, and provide the method and basis of their compensation, provided the salary, fees or compensation of any officer named herein shall not be increased or diminished during the term for which he shall have been elected or appointed, after his election or appointment, in the following named counties: Etowah and Cherokee.[1]

Amendment 44

Regulation of Salaries, etc., of Officers of Morgan County.

The legislature of Alabama may hereafter, from time to time by general or local laws, fix, regulate and alter the costs and charges of courts, fees, commissions, allowances and salaries to be charged or received by any county officer of Morgan county, including, without limiting the generality of the foregoing, the judge of probate, tax collector, tax assessor, sheriff, circuit clerk, and register, including the method and basis of compensation of such officer, and may provide for the placing of any such officer on a salary and that the fees, costs, and allowances collected by such officer be paid into the county treasury. All acts of the regular or adjourned session of the legislature of Alabama which convened in January, 1939, fixing or purporting to fix the compensation of any such officer on a salary basis are hereby validated and confirmed.[1]

Amendment 45

Drainage Districts in Colbert County.

The court of county commissioners of Colbert county, Alabama, is authorized to divide said county into drainage districts for the control of malaria, and said county is authorized and empowered to levy and collect in the several districts so formed, for use in the control of malaria, in addition to all other taxes now authorized by law, a special tax of three mills on all taxable property situated in the several drainage districts so formed, based upon the valuation of such property as assessed for state taxation, and to be used exclusively for the control of malaria in the drainage district in which the said tax is levied and collected, provided such tax is authorized by a majority of the qualified electors residing in such drainage district voting upon such proposition at an election called and held for the purpose of authorizing such tax, and provided that said tax shall be levied and collected for a period of ten years from the time that it is authorized at the election held in such district. Such an election may be called at any time by the court of county commissioners of said county and shall be held and conducted and the results canvassed as now provided by law for holding and conducting and canvassing the returns of a regular election. The proceeds of the tax hereby authorized shall be used exclusively for the control of malaria in the drainage district in which it is levied and collected and shall be expended through the proper fiscal agencies of the county government under the direction of the governing body of Colbert county, and the Colbert county department of public health.[1]

Amendment 46

Salaries, etc., of Certain Public Officers of Dallas County.

The salaries of the following named county officers of Dallas county, Alabama, but subject to the provisions of section 281 of the Constitution of Alabama, are fixed as follows: Judge of probate, $6,000.00 per annum net; tax assessor, $5,000.00 per annum net; tax collector, $5,000.00 per annum net; sheriff, $4,800.00 per annum net; circuit clerk, $2,400.00 per annum net; register in chancery, $1,200.00 per annum net; provided, that if the same person holds the offices of circuit clerk and register in chancery, the salary for both offices shall be $3,000.00 per annum net; members of the county governing body, exclusive of the judge of probate, $600.00 each per annum net. The above named officers are hereby required to collect all charges of court, fees, commissions, allowances, percentages, salaries or other compensation provided by law, other than the salaries herein fixed, and to cover the same into the county treasury. This shall include the allowances or amounts received by the sheriff for feeding prisoners from both the state and federal government, and the county governing body of Dallas county, Alabama, shall pay the expenses incurred in feeding such prisoners out of the county treasury, but nothing herein shall be construed as interfering with the allowances or amounts provided by law for guards at the county jail or bailiffs for courts, or preventing the county governing body of Dallas county, Alabama, from making such allowances to the sheriff and his deputies for transportation on official business, including the purchase of automobiles for such use, as it may deem necessary from time to time. The salaries of the above named county officers of Dallas county, Alabama, shall be paid out of the county treasury in equal monthly installments. The employees of said offices shall be selected by the respective officers, and allowances for their compensation shall be as follows: 1. Office of judge of probate - $6,500 per annum. 2. Office of tax assessor - $3,600.00 per annum. 3. Office of tax collector - $2,600.00 per annum. 4. Office of sheriff - $4,500.00 per annum. 5. Office of circuit clerk - $1,350.00 per annum. 6. Office of register in chancery - None. The county governing body shall have the same authority in regard to the employment of persons for the county, and the fixing of their compensation, other than the employees in the above named offices, as provided by law. The salaries of the employees in the above enumerated offices shall be paid out of the county treasury in equal monthly installments; provided, however, that no payment of compensation for any such employee shall be made until the employee has actually rendered the service for which the payment is to be made. The legislature of Alabama is hereby authorized and empowered, from time to time, by general or local laws, to fix, regulate and alter the employment and compensation of the employees in said offices, including the number and the method and basis of their compensation. The legislature of Alabama is hereby authorized and empowered, from time to time, by general or local laws, but subject to the provisions of section 281 of the Constitution of Alabama, to fix, regulate and alter the charges of court, fees, commissions, allowances, percentages, salaries or other compensation received by any officer of Dallas county, Alabama, other than the judge of probate, tax assessor, tax collector, sheriff, circuit clerk and register in chancery, including the method and basis of their compensation.[1]

Amendment 47

Fees, Commissions, Salaries, etc., of Sheriff of Mobile County.

The legislature of Alabama may hereafter, from time to time, by general or local laws fix, alter and regulate the fees, commissions, allowances and salaries to be charged or received by the sheriff of Mobile county, and including the right to place said officer on a salary basis and provide that the fees, fines and forfeitures received or collected by said officer be paid into the treasury of Mobile county, Alabama, and to fix and provide the amount and method of compensation of such officer. All acts of the regular session of the legislature of 1939 and 1939-1940 heretofore passed and applicable, or purporting to be applicable to said Mobile county, and fixing, or purporting to fix the basis of compensation and compensation of said officer, or placing said officer on a salary basis, are hereby ratified and confirmed.[1]

Amendment 48

Fees, Salaries, etc., of Certain Public Officers in Houston County.

The legislature of Alabama may hereafter, from time to time, by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by the tax assessors, tax collectors, probate judges, circuit clerks, sheriffs, and registers of the chancery courts, and including the right to place any one or all of said officers on a salary and provide for the fees charged and collected by said officers to be paid into the treasury from which their salaries are paid, and provide the method and basis of their compensation, or consolidate any of said offices in the following named county: Houston. All acts of the regular session of the legislature 1943 heretofore passed and applicable, or purporting to fix the compensation of said named county officers, on a salary basis, are hereby validated and confirmed.[1]

Amendment 49

See also: Section 194 1/2, Article VIII, Alabama Constitution

Poll Tax Exemption Amendment.

Section 194 1/2: Exemption of veterans of foreign wars from payment of poll tax.

No person who honorably served in the military service of the United States between January 1, 1917 and November 11, 1918, or between September 16, 1940 and December 8, 1941, or at any time, past or present or future, when the United States was, is or shall be at war with any foreign state, shall be required after the beginning of such service to pay the poll tax specified in the Constitution of Alabama as a prerequisite to the privilege of voting in Alabama; but, on the contrary, every such person shall be exempt from the payment of all poll taxes which have theretofore accrued and have not been paid or which may thereafter accrue; provided, however, that if any such person is discharged dishonorably from said service the exemption herein provided is forfeited, and such dishonorably discharged person, as a prerequisite to the privilege of voting in Alabama thereafter, must pay the poll tax specified in the Constitution of Alabama as if such person had never been in such service. The term "military service" as used in this section includes service in the army of the United States, the United States navy, the marine corps, the coast guard, the women's army auxiliary corps, the women's appointed volunteer emergency service, and the women's reserve of the United States navy. The United States shall not be deemed at war with a foreign state within the meaning of this section at a time when an armistice exists between the United States and the foreign state. The judge of probate shall issue a certificate of exemption to a person exempt from the payment of poll tax by reason of this section under such rules and regulations as may be prescribed by the governor. This section shall be self-executing and retroactive; but the legislature is authorized to enact laws designed to carry out the purposes of this section.[1]

Amendment 50

Fees, Salaries, etc., of Certain Public Officers in Walker County.

The legislature of Alabama may hereafter from time to time, by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by the tax assessor, tax collector, probate judge, circuit clerk, sheriff, and register of the circuit court, and including the right to place anyone or all of said officers on a salary and provide for the fees charged and collected by said officers to be paid into the treasury from which their salaries are paid, and provide for the method and basis of their compensation in Walker county, Alabama. No salary fixed under this amendment shall affect the compensation of any officer already elected to either of said offices during the term for which elected, and said salaries, except for the register, shall be fixed at not less than three hundred and not more than five hundred dollars per month. The balance of said fund or savings shall be used for old age pensions in said county.[1]

Amendment 51

See also: Section 251, Article XIII, Alabama Constitution

Amendment of Section 251.

Duration of corporations not limited; renewal of existing charters not required.

There shall be no limit of time for the duration of a corporation hereafter organized as a bank or banking company, and it shall not be necessary hereafter to renew or extend the life or charter of any such corporation now existing. And all extensions of the life or charter of any such corporations are hereby ratified and confirmed.[1]

Amendment 52

Special Tax for Educational Purposes in Cities of Decatur and Cullman and for Hospital Purposes in Morgan County.

A. Notwithstanding the proviso to the contrary in section 269 of this Constitution, the special tax for educational purposes provided for by that section may be levied and collected upon taxable property situated in the city of Decatur (formerly the cities of Decatur and New Decatur). Upon the adoption of this amendment the governing body of Morgan county shall order an election at which the qualified electors of the city of Decatur shall determine whether or not such special tax shall be levied and collected on taxable property in said city. Said election shall be held and determined as now provided by law for determining whether or not the special one mill county school tax shall be levied, and if a majority of the electors participating in said election vote in favor of said levy, said special tax shall be levied upon the taxable property in the city of Decatur during the tax years commencing with the tax year beginning next after said election and ending with the tax year beginning on October 1, 1967, and thereafter said special tax may be levied and collected as is now or hereafter may be provided by law.

B. Morgan county may levy and collect a tax upon all taxable property situated therein at a rate not in excess of ten cents on each one hundred dollars of taxable property, which tax shall be used exclusively for the construction, equipping, enlargement, acquisition, repair, or operation of public hospital properties situated in said county owned or proposed to be acquired in said county by the city of Decatur and Morgan county. Said tax shall be in addition to all other taxes now authorized by law, but shall not be levied until it shall have been authorized by a majority of the qualified electors of such county voting at an election called by the governing body of said county at which there shall be submitted to a vote the rate of such tax, the time it is to continue, and the purpose or purposes thereof. Such elections may be called and had from time to time, and shall be had, governed and determined under such rules and regulations as the governing body of said county may prescribe. Said tax may be pledged by the governing body of said county to secure payment of any debt incurred by said county or by any public corporation for hospital purposes in said county.

C. Notwithstanding the proviso to the contrary in section 269 of this Constitution, the special tax for educational purposes provided for by that section may be levied upon taxable property situated in the city of Cullman.[1]

Amendment 53

Public Hospitals and Health Facilities.

The state, notwithstanding section 93 of the Constitution as amended and section 94 of the Constitution, may acquire, build, establish, own, operate and maintain hospitals, health centers, sanatoria and other health facilities. The legislature for such purposes may appropriate public funds and may authorize counties, municipalities and other political subdivisions to appropriate their funds, and may designate or create an agency or agencies to accept and administer funds appropriated or donated for such purposes by the United States government to the state upon such terms and conditions as may be imposed by the United States government.[1]

Amendment 54

Taxation in Municipality of Haleyville.

The municipal corporation of Haleyville, through its constituted governing authority may levy and collect a rate of taxation on the property situated therein, not exceeding in the total in any one year one per centum of the value of such property as assessed as provided by the Constitution and the statutes now or hereafter enacted pursuant to the Constitution; provided that the adoption of this amendment, shall in no wise affect, limit, modify, abridge or impair the power, authority, or right of said municipal corporation to levy and collect the special school taxes, now or hereafter vested in or conferred upon it under the Constitution or any amendment thereto, which said special school taxes shall be in excess of said one per centum herein provided for.[1]

Amendment 55

See also: Section 181, Article VIII, Alabama Constitution

Amendment of Section 181.

Persons qualified to register as electors - After January 1, 1903.

After the first day of January, nineteen hundred and three, the following persons, and no others, who, if their place of residence shall remain unchanged, will have, at the date of the next general election, the qualifications as to residence, prescribed in section 178 of this article, shall be qualified to register as electors provided they shall not be disqualified under section 182 of this Constitution: those who can read and write, understand and explain any article of the Constitution of the United States in the English language and who are physically unable to work and those who can read and write, understand and explain any article of the Constitution of the United States in the English language and who have worked or been regularly engaged in some lawful employment, business, or occupation, trade, or calling for the greater part of the twelve months next preceding the time they offer to register, including those who are unable to read and write if such inability is due solely to physical disability; provided, however, no persons shall be entitled to register as electors except those who are of good character and who understand the duties and obligations of good citizenship under a republican form of government.[1]

Amendment 56

Additional Municipal Taxes.

Each municipal corporation in this state whose annual ad valorem tax rate is otherwise limited by the Constitution or any amendment thereto less than one and one-fourth per centum (1 1/4 %) of the value of the property situated therein as assessed for state taxation during the preceding year shall have, in addition to the power to levy and collect such ad valorem tax each year at the rate authorized immediately prior to the adoption of this amendment, the further power to levy and collect each year an additional tax or taxes to such extent that the total ad valorem tax rate of such municipal corporation shall not exceed one and one-fourth per centum (1 1/4 %) in any one year on the property situated therein based on the valuation of such property as assessed for state taxation during the preceding year; provided, that before any such additional tax may be so levied and collected a majority of the qualified electors of any such municipal corporation voting at an election called for that purpose shall vote in favor of the levy thereof; provided further, that the total ad valorem tax or taxes to be levied and collected by any such municipal corporation shall not exceed one and one-fourth per centum (1 1/4 %) in any one year; and provided further, that the adoption of this amendment shall in no wise affect, limit, modify, abridge or impair the power, authority or right of any such municipal corporation to levy and collect the special school taxes now or hereafter vested or conferred upon them, or any of them, under the Constitution or any amendment thereto, which said special school taxes shall be in excess of said one and one-fourth per centum (1 1/4 %) herein provided for. Each election held under the provisions hereof shall be ordered, held, canvassed and may be contested in the same manner as is or may be provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The ballots used at such elections shall specify the purpose for which the proposed additional rate of taxation shall be authorized and shall contain the words "For ... % additional rate of taxation;" and "Against ... % additional rate of taxation;" the additional rate of taxation proposed to be shown in the blank space provided therefor. The voter shall record his choice, whether for or against the additional rate shown, by placing a cross mark before or after the words expressing his choice. The proceeds of any such additional tax so authorized at any such election shall be used only for the purpose for which the same shall be authorized at such election. Elections to authorize the levy of such additional tax may be held as often as ordered by the governing body of the municipality, but when a proposition is submitted to the electors to levy such additional tax for a specific purpose and such proposition is defeated then no second election for the same purpose shall be held in one year thereafter.[1]

Amendment 57

Time and Place of Meetings of Legislature; Biennial Sessions; Organizational Sessions; Election of President Pro Tempore of Senate and Speaker of House of Representatives; Maximum Length of Sessions; Compensation and Travel Allowances of Members of Legislature.

All sessions of the legislature shall be held at the capitol in the senate chamber and in the hall of the house of representatives, unless at any time it should from any cause become impossible or dangerous for the legislature to meet or remain at the capitol, or for the senate to meet or remain in the senate chamber, or for the representatives to meet or remain in the hall of the house of representatives, in which case the governor may convene the legislature, or remove it after it has convened, to some other place, or may designate some other place for the sitting of the respective houses, or either of them, as necessity may require. The legislature shall convene on the second Tuesday in January next succeeding their election and shall remain in session for not longer than ten consecutive calendar days. No business can be transacted at such sessions except the organization of the legislature, the election of officers, the appointment of standing committees of the senate and the house of representatives for the ensuing four years, which election and appointment may, however, also be made at such other times as may be necessary, the opening and publication of the returns and the ascertainment and declaration of the results of the election for governor, lieutenant-governor, attorney-general, state auditor, secretary of state, state treasurer, superintendent of education, and commissioner of agriculture and industries, the election of such officers in the event of a tie vote, the determination of contested elections for such offices, the judging of the election returns and qualification of the members of the legislature, and the inauguration of the governor and the other elected state officers whose terms of office are concurrent with that of the governor. At the beginning of each such organization session, and at such other times as may be necessary, the senate shall elect one of its members president pro tempore thereof, to preside over its deliberations in the absence of the lieutenant-governor, and the house of representatives shall elect one of its members as speaker, to preside over its deliberations. The president of the senate and the speaker of the house of representatives shall each hold his respective office until his successor has been elected and qualified. The legislature shall convene in regular sessions on the first Tuesday in May of 1947 and on the first Tuesday in May in each second year thereafter, until the date of meeting shall have been changed by act of the legislature and approved by the governor. The legislature shall not remain in session longer than thirty-six days at any such regular session. Special sessions of the legislature convened in the manner provided by this Constitution also shall be limited to thirty-six days. The pay of members of the legislature shall be ten dollars per day. Each member of the legislature shall be paid ten cents per mile in going from his residence to, and in returning to his residence from, the seat of government, to be computed by the nearest usual route traveled; and not more than one such travel allowance shall be paid for each session of the legislature. In addition to his travel allowance, each member of the legislature also shall be allowed expenses, other than actual expenses of traveling, not exceeding an amount to be fixed by the legislature, incurred in the performance of his duties; but such expense allowance shall not be less than the smallest allowance to any other person traveling within the state in the service of the state of Alabama, or any of its agencies, for expenses other than actual expenses of traveling. The provisions of this Constitution in conflict herewith are hereby modified to conform to the provisions of this amendment. The provisions of this amendment shall become effective at the beginning of the term of the members of the legislature elected at the general election in 1946.[1]

Amendment 58

See also: Section 93, Article VI, Alabama Constitution

Amendment of Section 93.

State engaging in internal improvements or lending money or credit for same; state interest in private or corporate enterprises; construction, maintenance, etc., of public roads, highways and bridges, harbors and seaports and public airports and air navigation facilities.

The state shall not engage in works of internal improvement, nor lend money or its credit in aid as such, except as may be authorized by the Constitution of Alabama or amendments thereto; nor shall the state be interested in any private or corporate enterprise, or lend money or its credit to any individual, association, or corporation, except as may be expressly authorized by the Constitution of Alabama, or amendments thereto. When authorized by laws passed by the legislature the state may appropriate funds to be applied to the construction, repair, and maintenance of public roads, highways and bridges in the state. When authorized by appropriate laws passed by the legislature the state may at a cost not exceeding ten million dollars engage in the work of internal improvement, or promoting, developing, constructing, maintaining, and operating all harbors and seaports within the state or its jurisdiction, provided, that such work or improvement shall always be and remain under the management and control of the state, through its state harbor commission, or other governing agency. When authorized by laws passed by the legislature the state may engage in the construction, improvement, repairs and maintenance and operation of public airports, air landing fields and other air navigation facilities in the state of Alabama and may appropriate money or otherwise provide funds for this purpose. The adoption of this amendment shall not affect in any manner any other amendment to the Constitution of Alabama which may be adopted pursuant to any act or resolution of this session of legislature.[1]

Amendment 59

Additional County Taxes for County Hospitals.

The governing body of any county in the state of Alabama except Mobile and Montgomery county must levy and collect or cause to be collected for use in the acquisition by purchase, lease or otherwise, or for the construction, operation, equipment and maintenance of a county hospital, in addition to all other taxes now authorized by law, a tax, not in excess of ten mills on each one hundred dollars, on all property situated within the county, based upon the valuation of such property in the county as assessed for state taxation, provided such tax is authorized by a majority of the qualified electors of the county voting upon such proposition at an election called and held for the purpose of authorizing such tax. Such an election may be called at any time by the governing body of any county in the state, and said governing body must call such election upon a petition being filed with the chairman or any member of said governing body requesting that such an election be called or held when said petition is signed by not less than one hundred qualified electors of the county in which said election is to be held. Said election shall be held and conducted and the results canvassed as now provided by law for holding and conducting and canvassing the returns of an election. The proceeds of the tax hereby authorized must be used exclusively for the purpose of acquiring by purchase, lease, or otherwise, or the construction, equipment, maintenance and operation of said county hospital and shall be expended for said purposes by and under the direction, supervision and control of the county governing body.[1]

Amendment 60

Debt Limit of Mobile County.

Notwithstanding any other provision of this Constitution, Mobile county shall continue to have and possess all of the rights, powers and authority granted to it by amendment XVIII [18] of this Constitution and Act Number 246 of the Local Acts of 1927 [p. 151], as the same has been heretofore amended, and shall have and possess the power and authority to become indebted for the construction or erection of public buildings, bridges and roads within the limit prescribed by section 224 of this Constitution; provided, however, that all debts incurred or bonds issued by Mobile county under the provisions of amendment XXIX [29] shall be in addition to the limit fixed by said section 224, and shall not be taken into account or considered in determining or arriving at the debt limit of Mobile county under said section 224, and provided further that the six and one-half percent (6 1/2 %) limitation in amendment XVIII [18] aforesaid shall be construed to refer not to the total amount of bonds issued under authority of the amendment, but to the total amount of bonds so issued which may be outstanding at any one time.[1]

Amendment 61

Disposition of Income Tax; Exemption of Homesteads From State Ad Valorem Tax.

Section A. The entire proceeds of the income tax in the treasury of the state of Alabama on September 30, 1947, including cash and investments and the interest thereon, shall be used for the following purposes and in the following manner: 1st. The sum of $12,249,860.00 shall be and is hereby set aside and shall be and is hereby constituted an irrevocable trust fund for the purpose of paying the principal of and interest on the bonds issued by the state of Alabama commonly known as "income tax bonds," being the warrant refunding bonds issued to fund the floating debt existing October 1, 1932, which bonds were issued under the authority of Act No. 14 approved February 5, 1935 [Acts 1935, p. 27], and Act No. 50 approved February 8, 1935 [Acts 1935, p. 118]. 2nd. An amount (approximately $6,700,000.00) which, when added to the sinking fund (approximately $1,857,000.00) heretofore created to pay the bonds issued by the state of Alabama, commonly known as the "old bonded debt" and as "carpet bag bonds" together with the interest on said sinking fund accrued on September 30, 1947, shall equal the principal of said bonds in the sum of $8,557,000.00, shall be and is hereby set aside, and together with said sinking fund and the interest thereon, shall be and is hereby constituted an irrevocable trust fund for the purpose of paying the principal of said bonds upon their maturity, said bonds being the class A renewal bonds, class C renewal bonds and funding renewal bonds. That both of the irrevocable trust funds herein created shall be invested in United States government securities by the treasurer of the state of Alabama with the approval of the governor. 3rd. The residue shall be paid over to the building commission created by Act 128 of 1945 General Acts [p. 116] to be expended by said building commission for capital outlay only for educational purposes, provided, however, that not more than twelve per centum of such amount shall be allocated to the institutions of higher learning including the state teachers colleges, and not less than eighty-eight per centum shall be allocated to county and city boards of education on an actual teacher unit basis in accordance with the minimum school program.

Section B. Beginning October 1, 1947, and thereafter, all net proceeds of such tax, plus the earnings from investment of the trust funds, must be used only in the manner and in the order following: (1) To replace the revenue lost to the several funds of the state by reason of the exemption of homesteads from the state ad valorem tax. All homesteads in Alabama are hereby declared to be exempt from all state ad valorem tax to the extent of at least $2,000.00 in assessed value and a sufficient amount is hereby appropriated from the proceeds of the income tax in each fiscal year to replace the revenue lost to the several funds of the state by reason of the homestead exemption herein declared; (2) The residue shall be placed in the state treasury to the credit of the Alabama special education trust fund to be used for the payment of public school teachers salaries only.

Section C. This amendment supersedes the provisions of amendment XXV [25] (article XXII) relating to the disposition of the income tax proceeds insofar as the same are in conflict herewith. All laws relating to the income tax, not in conflict herewith and valid on the date of the ratification of this amendment, are hereby validated and confirmed. The provisions hereof with respect to the creation of funds and the use thereof are declared to be self-executing.[1]

Amendment 62

Fees, Salaries, etc., of Certain Public Officers in Etowah County.

The legislature of Alabama may hereafter, from time to time by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by tax assessors, tax collectors, probate judges, circuit clerks, sheriffs, and registers of the chancery courts, including the right to place any one or all said officers on a salary and provide for the fees, allowances or compensation collected by said officers to be paid into the treasury from which their salaries are paid, in the following named county: Etowah. All acts of the legislature, heretofore passed or which may be passed by the legislature in special or regular session at any time prior to the adoption of this amendment, and applicable or purporting to be applicable to said county, and fixing or purporting to fix the compensation to said named county officers on a salary basis, are hereby validated and confirmed.[1]

Amendment 63

Special Tax for Hospital and Public Health Purposes in Montgomery County.

If the tax is authorized by vote of a majority of the qualified electors of the county in an election called for that purpose, Montgomery county shall have power to levy and collect a special county tax not exceeding four mills on each dollar of taxable property in the county to be used solely for acquiring, constructing, operating, equipping or maintaining county hospitals or other public hospitals, non-profit hospitals and public health facilities. The board of revenue of said county may within the limit of four mills on each dollar of taxable property propose a rate of taxation sufficient for acquiring, constructing and maintaining such hospitals and facilities and the number of years necessary for such tax to be levied for such purpose, and a rate of taxation to be levied thereafter sufficient to maintain such hospitals or facilities. A county wide election may be called at any time by the board of revenue of said county to be conducted in the manner prescribed by law for general elections, and at which election there shall be submitted to the vote of the qualified electors of the county the said tax as proposed by the board of revenue of said county. Such tax must be levied if authorized by vote of the majority of the qualified electors of the county who participate in the election called for that purpose.[1]

Amendment 64

Fees, Salaries, etc., of Certain Public Officers in Limestone County.

The legislature of Alabama may hereafter from time to time by general or local laws, but subject to the provisions of section 281 of the Constitution of Alabama, fix, regulate and alter the costs, charges of court, fees, commissions, allowances or salaries to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, clerk of the circuit court, and register in chancery of Limestone county, Alabama; may provide the method and basis of compensation of such officers; may fix the terms of office of such officers; and may consolidate any of the offices held by such officers.[1]

Amendment 65

Special Tax for Hospital and Public Health Purposes in DeKalb County.

If the tax is authorized by vote of a majority of the qualified electors of the county who participate in any election called for that purpose, the governing body of DeKalb county must levy and collect, in addition to all other taxes authorized by law, a special county tax, not exceeding four mills on each dollar of taxable property in the county, to be used solely for acquiring, by purchase, lease, or otherwise, constructing, operating, equipping, or maintaining county hospitals, or other public hospitals, non-profit hospitals and public health facilities, or to pay any existing debt or liability incurred by the county for such purposes. An election may be called at any time by the governing body of the county, and must be called within three months of receipt of a petition signed by not less than five per cent of the qualified electors of the county requesting that the election be called. The election shall be conducted in the manner prescribed by the governing body of the county.[1]

Amendment 66

License Tax on Selling, etc., of Motor Fuel in Marshall County.

The governing body of Marshall county, when authorized to do so by a majority of the qualified electors of the county voting in a referendum held in the manner prescribed by the county governing body, may levy and collect a county privilege license tax from any person engaged within the county in the business of selling or keeping in storage for sale gasoline, woco pep, or any other motor fuel used by self-propelled vehicles, which tax shall not be in excess of three cents per gallon on all gasoline, woco pep, or other motor fuel sold or stored, and the proceeds of which shall be used exclusively for construction and maintenance of hard surface farm-to-market roads in the county. The governing body of Marshall county shall hold such referendum not less than sixty nor more than ninety days after the ratification of this amendment; subsequent referenda may be held at intervals of not less than two years.[1]

Amendment 67

Special School Tax in Etowah County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Etowah county, Alabama, shall have power to levy and collect a special district tax of fifty cents on each one hundred dollars worth of taxable property in such districts for public school purposes; provided, that a school district under the meaning of this section shall include Etowah county, exclusive of the municipalities of Gadsden and Attalla as one district, the city of Gadsden as one district, and the city of Attalla as one district; provided further, that the time such tax is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors in each such district and voted for by a majority of those voting at such election; and further provided that such election shall be held in the same manner as now provided for an election on the school district tax authorized in article XIX of the Constitution of Alabama; and be it further provided that the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct.[1]

Amendment 68

Calhoun County Special School Tax.

In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the cities of Jacksonville, Piedmont and Anniston and in the several school districts of Calhoun county to be used solely for public school purposes; provided such tax and the time it is to continue shall have been first submitted to the vote of the qualified electors of the school district in which such tax is to be collected and voted for by a majority of those voting at such election; otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this Constitutional provision becomes effective, in the cities of Jacksonville, Piedmont and Anniston and in the several school districts of Calhoun county, at which election the qualified voters in the cities of Jacksonville, Piedmont and Anniston and in the several school districts of Calhoun county may vote as to whether said special school tax herein levied shall be effective for a period of thirty years, and if the majority of those voting at said election vote in favor of said special school tax herein referred to, such school tax shall immediately be levied and collected annually thereafter on the first day of October by the tax collector of Calhoun county, and, if pledged, paid to the cities of Jacksonville, Piedmont and Anniston; otherwise by him immediately paid to the board of education of the cities of Jacksonville, Piedmont and Anniston, for a period of thirty years from the date of said election in the cities of Jacksonville, Piedmont and Anniston, and in the several school districts of Calhoun county and a special separate election is likewise hereby called in each other school district in Calhoun county on the first Tuesday after sixty days following the date this Constitutional provision becomes effective and the qualified electors of each such other school district in Calhoun county shall vote as to whether said special school tax herein levied shall be effective in their respective districts for a period of thirty years, and where a majority of those voting at said election in any such school district vote in favor of said special school tax such special school tax shall be immediately levied and collected annually thereafter on the first day of October by the tax collector of Calhoun county and if pledged, paid to county of Calhoun; otherwise by him immediately paid to the board of education of Calhoun county, for a period of thirty years in any such school district where the majority of such electors voting at said election vote therefor. This section shall be self-executing.

The funds arising from the special school tax to be levied hereunder and to be collected therefrom shall be expended for public school purposes for the exclusive benefit of the school district in which collected with all such tax collected in the city of Jacksonville to be expended in the city of Jacksonville and with all such tax collected in the city of Piedmont to be expended in the city of Piedmont and all such tax collected within the Anniston school district to be expended in the Anniston school district. After said tax has been voted, and without further authorization or authority, as and when requested by the boards of education of the cities of Jacksonville, Piedmont and Anniston, the cities of Jacksonville, Piedmont and Anniston shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in the cities of Jacksonville, Piedmont and Anniston and in the school districts in which the cities of Jacksonville, Piedmont and Anniston are located, for the sole purpose of construction and improvement of school buildings and the acquiring of sites therefor; provided, said net proceeds of said bonds shall immediately be paid to the boards of education of the cities of Jacksonville, Piedmont and Anniston and said bonds shall not be issued for a longer period than thirty years, and said funds to be derived from said special school tax may be pledged by the cities of Jacksonville, Piedmont and Anniston for the payment of said bonds and the interest thereon, and provided that said bonds shall not be a general obligation of the cities of Jacksonville, Piedmont and Anniston or of Calhoun county and shall not be charged to the constitutional debt limit of the cities of Jacksonville, Piedmont and Anniston or of Calhoun county. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of Calhoun county, Calhoun county shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in each school district in Calhoun county, other than in the cities of Jacksonville, Piedmont and Anniston and the school districts in which the cities of Jacksonville, Piedmont and Anniston are located, for the sole purpose of the construction and improvement of public school buildings and the acquiring of sites therefor; provided, the net proceeds of said bonds shall immediately be paid to the board of education of Calhoun county and that said bonds shall not be issued for longer than thirty years and said funds arising from said school tax may be pledged by Calhoun county for the payment of said bonds and interest thereon and provided that said bonds shall not be a general obligation of Calhoun county and shall not be charged to the constitutional debt limit of Calhoun county.

Except as herein otherwise provided the elections hereinabove provided for shall be called, held, and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing bodies of the cities of Jacksonville, Piedmont and Anniston shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate, and declare the result of the elections provided for in the cities of Jacksonville, Piedmont and Anniston and in the school districts in which the cities of Jacksonville, Piedmont and Anniston are located. The governing body of Calhoun county shall appoint and designate the election officers, managers, clerks, and returning officers and shall call, canvass, tabulate, and declare the result of the elections as to any and all school districts in Calhoun county, other than in the cities of Jacksonville, Piedmont and Anniston and the school districts in which the cities of Jacksonville, Piedmont and Anniston are located. All such elections shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama.[1]

Amendment 69

Special Tax for Hospital Purposes in Marion County.

The governing body of Marion county shall have the power to levy and collect a special county tax not exceeding four mills on each dollar's worth of taxable property situated within the county, based upon the valuation of such property as assessed for state taxation, the proceeds of such tax to be used solely for the purpose of acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining a county hospital or public hospital facilities in the county for which federal funds have been or may be provided.[1]

Amendment 70

Special Tax for Hospital and Public Health Purposes in Escambia County.

If the tax is authorized by vote of a majority of the qualified electors of Escambia county who participate in any election called for that purpose, the governing body of said county must levy and collect, in addition to all other taxes authorized by law, a special county tax, not exceeding four mills on each dollar of taxable property in the county, to be used solely for acquiring, by purchase, lease, or otherwise, constructing, operating, equipping, or maintaining county hospitals, or other public hospitals, non-profit hospitals and public health facilities. An election may be called at any time by the governing body of the county, and must be called within three months of receipt of a petition, signed by not less than five percent of the qualified electors of the county, requesting that the election be called. The election shall be conducted in the manner which the governing body of the county prescribes.[1]

Amendment 71

Tuscaloosa County Special School Tax.

In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the city of Tuscaloosa and in the several school districts of Tuscaloosa county, to be used solely for public school purposes, provided such tax, and the time it is to continue, shall have been first submitted to the vote of the qualified electors of the school district in which such tax is to be collected and voted for by a majority of those voting at such election; otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this constitutional provision becomes effective, in the city of Tuscaloosa and in the school district in Tuscaloosa county of which the city of Tuscaloosa is a part at which election the qualified voters in the city of Tuscaloosa and in the school district in Tuscaloosa county of which the city of Tuscaloosa is a part may vote as to whether said special school tax herein levied shall be effective for a period of thirty years, and if the majority of those voting at said election vote in favor of said special school tax herein referred to, such school tax shall immediately be levied and collected annually thereafter on the first day of October by the tax collector of Tuscaloosa county and, if pledged, paid to the city of Tuscaloosa; otherwise by him immediately paid to the board of education of the city of Tuscaloosa, for a period of thirty years from the date of said election in the city of Tuscaloosa and in the school district of which the city of Tuscaloosa is a part, and a special separate election is likewise hereby called in each other school district in Tuscaloosa county on the first Tuesday after sixty days following the date this constitutional provision becomes effective and the qualified electors of each such other school district in Tuscaloosa county shall vote as to whether said special school tax herein levied shall be effective in their respective districts for a period of thirty years, and where a majority of those voting at said election in any such school district vote in favor of said special school tax such special school tax shall be immediately levied and collected annually thereafter on the first day of October by the tax collector of Tuscaloosa county and, if pledged, paid to the county of Tuscaloosa; otherwise by him immediately paid to the board of education of Tuscaloosa county, for a period of thirty years in any such school district where a majority of such electors voting at said election vote therefor. This section shall be self-executing.

The funds arising from the special school tax to be levied hereunder and to be collected therefrom shall be expended for public school purposes for the exclusive benefit of the school district in which collected with all such tax collected in the city of Tuscaloosa to be expended in the city of Tuscaloosa. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of the city of Tuscaloosa, the city of Tuscaloosa shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in the city of Tuscaloosa and in the school district in which the city of Tuscaloosa is located, for the sole purpose of the construction and improvement of school buildings and the acquiring of sites therefor; provided, said net proceeds of said bonds shall immediately be paid to the board of education of the city of Tuscaloosa and said bonds shall not be issued for a longer period than thirty years, and said funds to be derived from said special school tax may be pledged by the city of Tuscaloosa for the payment of said bonds and the interest thereon, and provided that said bonds shall not be a general obligation of the city of Tuscaloosa or of Tuscaloosa county and shall not be charged to the constitutional debt limit of the city of Tuscaloosa or of Tuscaloosa county. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of Tuscaloosa county, Tuscaloosa county shall issue and sell interest-bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in each school district in Tuscaloosa county, other than in the city of Tuscaloosa and the school district in which the city of Tuscaloosa is located, for the sole purpose of the construction and improvement of public school buildings and the acquiring of sites therefor; provided the net proceeds of said bonds shall immediately be paid to the board of education of Tuscaloosa county and that said bonds shall not be issued for longer than thirty years and said funds arising from said school tax may be pledged by Tuscaloosa county for the payment of said bonds and interest thereon and provided that said bonds shall not be a general obligation of Tuscaloosa county and shall not be charged to the constitutional debt limit of Tuscaloosa county.

Except as herein otherwise provided the elections hereinabove provided for shall be called, held and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing body of the city of Tuscaloosa shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate and declare the result of the elections provided for in the city of Tuscaloosa and in the school district in which the city of Tuscaloosa is located. The governing body of Tuscaloosa county shall appoint and designate the election officers, managers, clerks and returning officers and shall call, canvass, tabulate and declare the result of, the elections as to any and all school districts in Tuscaloosa county other than in the city of Tuscaloosa and the school district in which the city of Tuscaloosa is located. All such elections shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama.[1]

Amendment 72

Special Tax for Hospital and Public Health Purposes in Counties Except Mobile, Montgomery and Jefferson.

If the tax is authorized by vote of a majority of the qualified electors of the county who participate in any election called for that purpose, the governing body of every county except Mobile, Montgomery and Jefferson counties must levy and collect, in addition to all other taxes authorized by law, a special county tax, not exceeding four mills on each dollar of taxable property in the county to be used solely for acquiring, by purchase, lease, or otherwise, constructing, operating, equipping, or maintaining county hospitals, or other public hospitals, non-profit hospitals and public health facilities. An election may be called at any time by the governing body of the county, and must be called within three months of receipt of a petition, signed by not less than five percent of the qualified electors of the county, requesting that the election be called. The election shall be conducted in the manner which the governing body of the county prescribes.[1]

Amendment 73

Jefferson County Sewer Bonds.

In addition to any indebtedness now authorized, Jefferson county may become indebted and may issue bonds therefor in an amount not exceeding 3 percent of the assessed valuation of the taxable property in said county in order to pay the expenses of constructing, improving, extending and repairing sewers and sewerage treatment and disposal plants in said county. Said bonds shall be general obligations of Jefferson county but shall also be payable primarily from and secured by a lien upon the sewer rentals or service charges, which shall be levied and collected in an amount sufficient to pay the principal of and interest on such bonds, replacements, extensions and improvements to, and the cost of operation and maintenance of, the sewers and sewerage treatment and disposal plants. Such sewer rentals or service charges shall be levied upon and collected from the persons and property whose sewerage is disposed of or treated by the sewers or the sewerage treatment or disposal plants and whether served by the part of the sewer system then being constructed, improved, or extended or by some other part of such system; and such charges or rentals shall be a personal obligation of the occupant of the property the sewerage from which is disposed of by such sewers or treated in such plants and shall also be a lien upon such property, enforceable by a sale thereof.

Before issuing any bonds or levying or collecting any such sewer service charges or rentals, the proposal shall first be submitted to and approved by a majority of the voters of the county voting at an election to be called by the governing body thereof. Notice of such election shall be given by publication once a week for four successive weeks immediately prior to such election in a newspaper published and of general circulation in Jefferson county. Such notice and the ballot shall set forth the purpose for which the bonds are proposed to be issued, the estimated cost of the proposed undertaking, the amount of bonds to be issued, the serial maturities thereof, and the maximum rate of interest such bonds are to bear, and a recital that the proposal includes the levying of sewer service charges or rentals to be secured by liens upon the property served. Such elections shall in all respects not herein otherwise provided be conducted and the results thereof ascertained and declared in accordance with the law then in force relating to county bond elections. If at any such election a majority of the voters vote in favor of the proposed undertaking and the bonds, the bonds so voted may be issued at one time or from time to time as the governing body of the county shall deem advisable.

With the prior approval of the governing body of any incorporated municipality therein, Jefferson county may take over, own, possess, control, expand, improve, maintain and operate any sewers or sewerage treatment or disposal plants of such incorporated municipality or, if such incorporated municipality has no sewers, Jefferson county may construct sewers therein. Such sewers and plants shall thereupon become a part of a combined and consolidated sewer system for Jefferson county.

The governing body of Jefferson county shall have full power and authority to manage, operate, control and administer the sewers and plants herein provided for and, to that end, may make any reasonable and nondiscriminatory rules and regulations fixing rates and charges, providing for the payment, collection and enforcement thereof, and the protection of its property. Liens for sewer rentals or service charges shall be foreclosed in such manner as may be provided by law for foreclosing municipal assessments for public improvements. This amendment is self-executing.

The authority to issue bonds shall cease December 31, 1958. The authority to levy and collect sewer charges and rentals shall be limited to such charges as will pay the principal of and interest on the bonds and the reasonable expense of extending, improving, operating and maintaining said sewers and plants; and when the bonds shall have been paid off, service charges and rentals shall be accordingly reduced, it being the intent and purpose of this amendment that the expenses of needed improvements and extensions and maintenance and operation of the sewers and sewerage treatment and disposal plants and no other expenditures shall be paid from such service charges and rentals.[1]

Amendment 74

Bonds for State Board of Health Hospitals and District Tuberculosis Sanitoria.

(a) Notwithstanding anything contained in the Constitution of the state of Alabama, or any amendment thereto heretofore adopted, the governor shall from time to time issue negotiable interest bearing bonds for the purposes and in the manner and subject to the limitations stated in this amendment. The bonds shall be the general obligation of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the punctual payment of the bonds and the interest thereon. The aggregate principal amount of all bonds issued hereunder shall not exceed two million dollars ($2,000,000) and they shall mature within ten years from the date of issuance.

The proceeds from the sale of such bonds are hereby appropriated and shall be used solely for the construction of hospitals and hospital facilities pursuant to Act No. 211, S. 107, approved July 7, 1945 (General Acts of Alabama, 1945, page 330), or any act supplemental thereto or amendatory thereof; provided, that the funds appropriated hereby shall be used only for the construction of hospitals, clinics, or health centers under contracts which have been or are let on or after May 1, 1949, and that the funds shall be used to match federal funds available for hospital, clinic or health center purposes, and that the local governments in the area where each hospital, clinic or health center is to be built shall contribute at least as much money for the construction as does the state; and provided further that the state shall not contribute more than three hundred fifty thousand dollars ($350,000) to the construction of any one hospital, clinic or health center.

In determining where a hospital, clinic or health center to be constructed with the funds appropriated herein shall be located, first consideration shall be given to communities which have no hospital, clinic or health center facilities. Each county having no hospital, clinic or health center facilities shall be entitled to an allotment of not less than sixty thousand dollars ($60,000) for such facilities if application is made therefore before January 1 of each year. Any funds available for hospital, clinic or health center facilities remaining on January 1 of each year after allotments have been made to those counties having no such facilities and having not already received an allotment and which have made application therefor may be allotted to those counties having such facilities which have made application therefor. However, counties receiving prior allotments hereunder shall not be precluded from receiving a larger allotment or an additional allotment at the discretion of the state board of health.

District tuberculosis sanitoria in the districts set up in Act No. 287, S. 22, approved July 7, 1945 [Acts 1945, p. 474], shall be eligible for construction under the provisions of this amendment, and 25 percent of the proceeds from the sale of bonds authorized by this amendment shall be reserved for the construction of tuberculosis sanitoria; provided, at the end of each calendar year funds not obligated for either general or tuberculosis hospital construction may be used during the next year for either type construction; and provided further, that the local governments or authorities in the area where the sanitorium is to be built shall contribute at least as much money as does the state. A sum not to exceed forty thousand dollars ($40,000) may be used by the state board of health for hospital administration for each of the two (2) years ending in 1950, and 1951; this appropriation shall be cumulative.

(b) All bonds issued hereunder and interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds shall be payable in substantially equal installments of principal and interest beginning in the next fiscal year after their date; they shall bear interest at a rate not exceeding two percent per annum payable semi-annually; and they shall contain a provision for their call for payment at such a time or times prior to maturity, and at such a premium, if any, as the governor may prescribe. All bonds issued hereunder shall be sold to the highest bidder at a duly advertised public sale, on sealed bids or at auction, and shall not be sold for less than par and accrued interest; provided, bidders may be invited to name the rate of interest which the bonds are to bear, in which case the bonds shall not be sold at a price which would yield more than two percent according to standard bond tables, taking into account the discount and call privilege.[1]

Amendment 75

Bonds, etc., for Hospital Purposes or Health Facilities in Marion County.

The provisions of section 224 of the Constitution of Alabama notwithstanding, the governing body of Marion county, Alabama, is hereby authorized to issue bonds, warrants, or other evidences of indebtedness and to pledge in payment of the principal and interest due upon any such bonds, warrants, or other evidences of indebtedness, only the proceeds derived, or to be derived, from any special county privilege, license or excise taxes heretofore or hereafter levied and collected within Marion county, Alabama, for the sole and exclusive purpose of constructing, equipping, operating, maintaining or improving public hospitals or related hospital or health facilities, including clinics, nursing homes, public health centers and laboratory facilities, or for such other public purposes of any kind and description as in the judgment of the governing body of the county of Marion is meet and proper. The proceeds derived from the sale of such bonds, warrants, or other evidences of indebtedness, may be used by the governing body of Marion county for any or all of the purposes enumerated herein, and no other. The bonds, warrants, or other evidences of indebtedness issued and sold under the provisions of this amendment may be interest bearing bonds, warrants, or other evidences of indebtedness with maturity date fixed at any time within thirty years next succeeding the date of issuance of such securities.

The tax levied and the method of collection provided therefor by Act No. 115 approved June 22, 1949 [Acts 1949, p. 139], levying in Marion county, Alabama, and additional special privilege or license taxes and excise taxes be and the same hereby is in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding.[1]

Amendment 76

Special County Tax for Public Hospital Purposes.

This amendment shall apply in all counties except Mobile and Jefferson counties. The term "public hospital purposes" as used in this amendment shall be construed to include the acquisition by purchase, lease, or otherwise, and the construction, equipment, operation, and maintenance of public hospital facilities. The term "public hospital facilities" as used in this amendment shall be construed to include public hospitals, public clinics, public health centers, nurses' homes and training facilities, and related public health facilities of any kind.

If a majority of the qualified electors of any county in the state, except Mobile and Jefferson counties, who participate in an election held therein pursuant to the provisions of any amendment to the Constitution heretofore adopted shall vote at such election in favor of the levy and collection of a special county tax, within the limitations provided in such amendment, for any one or more of the purposes included within the meaning of the term public hospital purposes, the proceeds derived from the tax authorized at such election may be applied for any one or more of the purposes for which said tax may be so voted. Whenever the tax shall be voted the governing body of the county may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall be voted by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of not exceeding 75% of the annual proceeds from said tax received by the county.

The governing body of each county in which the said tax may be voted shall have the further power to designate as the agency of the county to acquire, construct, equip, operate and maintain public hospital facilities any public corporation heretofore or hereafter organized for hospital purposes in the county under any general law heretofore or hereafter enacted by the legislature. When a public corporation shall be so designated, the proceeds of said tax thereafter collected shall be paid over to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payment of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said public corporation, and may pledge for the payment of the principal thereof and interest thereon not exceeding 75% of the annual proceeds from said tax so paid to it.

Each county in which the tax shall be voted, and in the event a public corporation shall have been designated as the agency of such county pursuant to the provisions hereof then said public corporation, shall have the power to contract with any other county or similar public corporation with respect to the acquisition by purchase, lease, or otherwise, and the construction, equipment, operation, and maintenance of public hospital facilities outside of the county and within any zone or region of which the county may be a part, and which may have heretofore been established or may hereafter be established for public hospital purposes by the legislature or by any agency designated by it, the obligations of such contract to be payable solely out of the proceeds of said tax; provided, that the proceeds of said tax shall not be used outside of the county for any purpose for which the proceeds could not be used in the county, and shall not be used with respect to public hospital facilities located outside of the county if the tax is voted specifically for public hospital facilities located in the county.

No securities issued or contracts made by a county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of the county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.

In each instance in which a special county tax for any one or more of the purposes included within the meaning of the term "public hospital purposes" has heretofore been authorized at an election held in a county pursuant to the provisions of any amendment to the Constitution heretofore adopted, all provisions of this amendment shall be applicable in said county to the same extent as if said election had been held after the adoption of this amendment.

This amendment shall be self-executing.[1]

Amendment 77

Special School Tax in St. Clair County.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, there is hereby levied and shall be collected a special school tax of fifty cents on each one hundred dollars worth of taxable property in St. Clair county, the proceeds of which shall be used exclusively for public school purposes; provided, the time the tax is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX of the Constitution of Alabama, by article 7, chapter 10, Title 52 of the Code of Alabama (1940). The collection of the tax and the use of the proceeds shall also be governed by the applicable provisions of article 7, chapter 10, Title 52 of the Code of Alabama (1940).[1]

Amendment 78

Cherokee County Special School District Tax.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Cherokee county, Alabama, shall have the power to levy and collect a special district tax of fifty cents on each one hundred dollars worth of taxable property in such districts for public school purposes; provided, that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election, the election to be held in the same manner as now provided by law for an election on the school district tax authorized in article XIX of the Constitution of Alabama. The funds arising from such special tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct.[1]

Amendment 79

Special School District in Lawrence County.

The board of education of Lawrence county may designate and establish a special school district within the school district in which the municipality of Courtland is located, and it may become indebted and issue bonds in an amount not exceeding one hundred thousand dollars ($100,000) for the construction and equipment of a school building within said district. To pay said indebtedness, and the interest thereon, Lawrence county may levy and collect an annual tax on all property situated within said district, at a rate not in excess of five mills; provided, whenever enough has been collected to retire the bonds and pay the interest thereon the tax will cease and any surplus remaining will revert to the Courtland school district. The indebtedness, the bonds, and the tax herein authorized shall be in addition to those heretofore authorized; but no such additional indebtedness shall be incurred, no such bonds shall be issued, and no such tax shall be levied, until the estimated cost of constructing and equipping said school building hereby proposed to be built, its time of completion, and the amount of the increased indebtedness, the rate of interest to be paid thereon, and the period over which the bonds to be issued will be refunded, shall have been determined upon and made public by the board of education of said county, and the proposed increase in indebtedness and the issuance of bonds and the increase in the rate of taxation shall have been authorized by a majority of the qualified electors of said special school district voting upon such proposal at an election to be called by the county governing body for said purposes, said election to be held not less than sixty (60) nor more than one hundred twenty (120) days after the adoption of this amendment. The election provided for herein shall be called, held, and conducted as three-mill school tax elections are held pursuant to article 7, chapter 10, Title 52 of the Code of Alabama (1940).[1]

Amendment 80

Huntsville Special School Tax.

(A) In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the school tax district of the city of Huntsville in Madison county to be used solely for public school purposes; provided such tax and the time it is to continue shall have been first submitted to the vote of the qualified electors of the said school tax district in which such tax is to be collected and voted for by a majority of those voting at such election, otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this amendment becomes effective in the school tax district of the city of Huntsville in Madison county, at which election the qualified voters in the said school tax district of Madison county may vote as to whether said special school tax herein levied shall be effective; and if the majority of those voting at said election vote in favor of said special school tax such school tax shall immediately be levied and collected annually thereafter on the first day of October by the tax collector of Madison county and paid to the city of Huntsville. The proceeds of the tax are hereby pledged solely to the payment of the principal and interest of the bonds hereinafter provided for. This section shall be self-executing.

(B) After said tax has been voted, and without further authorization the city of Huntsville shall issue and sell interest bearing bonds with principal and interest to be paid from the proceeds of the tax herein levied. The proceeds of the sale of the bonds shall be used for the sole purpose of constructing and improving school buildings and acquiring sites therefor; provided, the net proceeds of the bonds shall be paid immediately to the board of education of the city of Huntsville. The principal amount of the bonds shall in no event exceed the sum of five hundred seventy-five thousand dollars ($575,000). All bonds issued hereunder shall be payable in annual installments, the first of which shall be payable not more than two years after the date of the bonds, and the last within the period of usefulness of the improvements for which the bonds are issued. Such bonds shall be callable at any time upon the payment of the principal amount thereof plus a premium equal to one year's interest thereon. The bonds shall not be a general obligation of the city of Huntsville or of Madison county and shall not be charged to the constitutional debt limit of the city of Huntsville or Madison county.

(C) If sufficient revenue has been produced by the tax levied in paragraph (A) of this amendment to pay the principal amount of the bonds issued hereunder with interest thereon prior to the expiration of the period for which the tax was levied, the tax shall immediately cease and shall no longer be collected or enforced, and the bonds shall be redeemed forthwith.

(D) Except as herein otherwise provided the election hereinabove provided for shall be called, held and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing body of the city of Huntsville shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate, and declare the result of the election provided for in the city of Huntsville. The election shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama.[1]

Amendment 81

Establishing or Abolishing Branch Courthouse or Division or Branch of Court of Record.

After the ratification of this amendment, the legislature shall not establish any branch courthouse or any division or branch of any court of record to be held at any place other than the county seat, nor shall the legislature abolish any branch courthouse now existing or abolish any division or branch of any court of record now existing, unless such proposal be first submitted to a vote of the qualified electors of the county or counties to be affected and is approved by a majority of those voting upon such proposition.[1]

Amendment 82

Jefferson County Consolidation School Tax Amendment.

Jefferson county shall have power to levy and collect an additional tax of 50 cents on each $100 of taxable property therein for public school purposes in the same manner and subject to the same election requirements as are now provided in the third amendment to this Constitution with respect to county school taxes; provided that in any incorporated municipality where special or additional taxes are being levied and collected for public school purposes, including the servicing of debts incurred for public schools, the additional tax herein provided for shall be reduced by the amount of such special or additional municipal public school taxes in the corporate limits where such special or additional municipal public school taxes are being levied and collected and during the time such taxes are levied and collected; and provided further that only qualified electors residing within the area in which the additional tax herein authorized is proposed to be levied shall have the right to vote at any election held for the purpose of voting such additional tax, and qualified voters residing in incorporated municipalities which are levying and collecting a full tax of 50 cents on each $100 of taxable property for public school purposes shall not be entitled to vote at such election. So long as the public schools in any incorporated municipality are operated separately from those of Jefferson county, the funds arising from such additional tax on taxable property in such municipality shall be expended only by the board of education or other authority charged with the operation of the public schools in such municipality and only for the benefit of the public schools therein. The additional tax herein authorized shall be in addition to the county and the district school taxes authorized in section 269 of and the third amendment to this Constitution and in addition to the county taxes authorized in section 215 thereof. All statutes relating to the holding of elections and the levy and collection of taxes in counties under the third amendment to this Constitution, with the exception hereinabove provided, shall apply.[1]

Amendment 83

Vacancies in Office of Judge of Circuit Court Holding at Birmingham.

All vacancies in the office of judge of the circuit court holding at Birmingham which shall occur subsequent to January 15, 1951 shall be filled in the manner and for the time as herein provided.

The Jefferson county judicial commission is hereby created for the purpose of nominating to the governor persons for appointment to such a vacancy. The members of such commission shall be (a) two persons who are members of the Alabama state bar, and (b) two persons who are not members of the Alabama state bar, and (c) one judge of the circuit court holding at Birmingham.

All members of such commission must reside in the territorial jurisdiction of the circuit court holding at Birmingham.

The two members of such commission who are required to be members of the Alabama state bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding at Birmingham. The executive committee of the Birmingham bar association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of such commission as are required to be members of the Alabama state bar. Such executive committee shall certify in writing to the probate judge of Jefferson county the names of the persons elected as members of such commission by such members of such bar.

The senator and representatives in the Alabama legislature from Jefferson county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senator and representatives shall certify in writing to such probate judge the names of the persons elected by them as such members.

The judges of the circuit court holding at Birmingham shall elect the member of such commission who is required to be a judge of such circuit court. The judges of such circuit court shall certify in writing to such probate judge the name of the circuit judge elected by such circuit judges as such member.

The terms of office of all members of such commission shall be six years, except that the terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senator and representatives in the Alabama legislature from Jefferson county shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of such terms of office of the members of such commission being indicated by the respective electing bodies. The terms of the initial members of such commission shall begin on January 16, 1951. A vacancy in the office of a member of such commission shall be filled for the unexpired term in the same manner as such member was originally chosen.

The probate judge of Jefferson county shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his receipt and recordation of every such certificate, he shall send to the governor a certified copy of every such certificate.

No member of such commission shall be eligible to succeed himself as such member or for nomination to the governor for appointment as judge of such circuit court during the term of office for which such member shall have been selected.

The members of such commission shall not receive any salary or other compensation for their services as such members. No member of such commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of such commission shall hold any official position in any political party.

If, subsequent to January 15, 1951, a vacancy occurs in the office of judge of the circuit court holding at Birmingham, such commission shall nominate to the governor three persons having the qualifications for such office. Such nomination shall be made only by the concurrence of a majority of the members of such commission. The governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for such office. The appointee shall hold such office until the next general election for any state officer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor shall hold office for the unexpired term and until his successor is elected and qualified.

This amendment shall be self-executing.[1]

Amendment 84

Economic Development of Municipalities in Marion County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Marion county, or any one or more of them, shall have full and continuing power and authority, without any election or approval other than the approval of its governing body, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Marion county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Marion county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Marion county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 85

Court Costs and Charges, Fees, Salaries, etc., of Officers in Talladega County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Talladega county, and the fees, commissions, percentages, allowances, or salary of, and the method of compensating any officer of Talladega county.[1]

Amendment 86

Special School Tax in Monroe County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Monroe county, Alabama shall have the power to levy and collect a special district tax of thirty cents on each one hundred dollars worth of taxable property in such districts for school purposes; provided, that the levying of such tax and the time during which it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election; and further provided that such election shall be held in the same manner as now provided for an election on the school district tax authorized in article XIX of the Constitution of Alabama; and be it further provided that the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct.[1]

Amendment 87

Bond Issue for Acquiring, etc., Public Roads, Highways and Bridges in Conjunction With United States.

The state is authorized to appropriate funds, and to sell and issue interest-bearing state bonds, in addition to those heretofore authorized and sold, in an aggregate principal amount not exceeding $25,000,000 for the purpose of aiding in the acquisition, construction, and improvement of public roads, highways, and bridges in the state; provided, that the proceeds derived from the sale of the bonds issued under the provisions of this amendment may be used only for supplying the state's share of the cost of acquiring, constructing, and improving public roads, highways, and bridges in the state in conjunction with the United States and toward the cost of which funds have heretofore been or may hereafter be allocated to the state under the provisions of any law of the United States now in effect or hereafter enacted. Bonds sold and issued under the provisions of this amendment may be issued at such time or times and in such denominations, numbers, and series, and shall mature at such time or times, and shall have such terms and conditions, as may be provided by law. Said bonds shall bear interest at a rate or rates not greater than three per centum (3%) per annum, payable semiannually, and shall be sold at not less than the face value thereof. Said bonds when issued shall be direct general obligations of the state, and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another, so much as may be necessary for said purpose of the proceeds of the gasoline excise tax heretofore pledged for payment of the public road and bridge bonds of the state of Alabama provided for in the amendment to the Constitution of Alabama known as article XXA [amendment No. 21] subject, however, to the prior pledges of said tax for payment of any bonds heretofore issued pursuant to law for which the said tax has heretofore been pledged.[1]

Amendment 88

Appointments and Promotions in Civil Service.

A. Appointments and promotions in the civil service of this state shall be made according to merit, fitness and efficiency, to be determined, so far as practicable, by examination, which, so far as practicable, shall be competitive under such laws as the legislature may enact.

B. It shall be the duty of the legislature to maintain laws necessary to implement, and to provide adequate financial support for, a positive program of personnel management in the state service.

C. All state personnel laws now in effect that are not in conflict with this article shall continue in effect until they are amended or repealed as provided by law. Civil service status acquired by employees under existing statutes shall not be affected by the provisions of this article.[1]

Amendment 89

See also: Sections 272, 273, and 276, Article XV, Alabama Constitution

Amendment of Sections 272, 273 and 276.

Sec. 272. Conformance with regulations of United States department of defense and laws of United States; administration of military affairs by military department and adjutant general.

The legislature, in providing for the organization, equipment, and discipline of the state military forces, shall conform as nearly as practicable to the regulations of the department of defense of the United States, and the laws of the United States, governing the armed forces of the United States. All affairs pertaining to the state military forces shall be administered by a state military department, which shall be headed by the adjutant general, and who shall be responsible to the governor as commander-in-chief.

Sec. 273. Appointment, suspension, discharge, removal and retirement of officers of state military forces; qualifications of personnel of federally-recognized national guard.

Officers of the state military forces, including the adjutant general, shall be appointed, and shall be subject to suspension, discharge, removal, or compulsory retirement as such, solely on the basis of military proficiency, character and service, as determined by department of defense regulations and military usages sanctioned by the military laws of the United States, anything in this Constitution to the contrary notwithstanding. The qualifications of personnel of the federally recognized national guard shall be as prescribed in pertinent regulations and policies of the United States department of the defense.

Sec. 276. Appointment of adjutant general, general officers and governor's staff.

The governor shall, with the advice and consent of the senate, appoint the adjutant general and all general officers. The governor shall appoint his own staff, as may be provided by law.[1]

Amendment 90

Veteran's Poll Tax Exemption Amendment.

No person who honorably served in the military service of the United States between January 1, 1917 and November 11, 1918, or between September 16, 1940 and December 8, 1941, or at any time past, present or future, when the United States was, is or shall be engaged in hostilities, whether as a result of a declared war or not, with any foreign state shall be required after the beginning of such service to pay the poll tax specified in the Constitution of Alabama as a prerequisite to the privilege of voting in Alabama; but, on the contrary, every such person shall be exempt from the payment of all poll taxes which have theretofore accrued and have not been paid or which may thereafter accrue; provided, however, that if any such person is discharged dishonorably from service the exemption herein provided is forfeited, and such dishonorably discharged person, as a prerequisite to the privilege of voting in Alabama thereafter, must pay the poll tax specified in the Constitution of Alabama as if such person had never been in service. The term "military service" as used herein includes service in the United States army, the United States navy, the United States air force, the marine corps, the coast guard, or any reserve or auxiliary complement of any of said services. The judge of probate shall issue a certificate of exemption to a person exempt from the payment of poll tax by reason of this amendment under such rules and regulations as may be prescribed by the governor. This amendment shall be self-executing and retroactive; but the legislature is authorized to enact laws designed to carry out the purpose of this amendment.[1]

Amendment 91

See also: Section 181, Article VIII, Alabama Constitution

Amendment of Section 181.

Persons qualified to register as voters; persons registered under 1901 Constitution not required to reregister.

The following persons, and no others, who, if they are citizens of the United States over the age of twenty-one years and have the qualifications as to residence prescribed in section 178 of this article, shall be qualified to register as electors provided they shall not be disqualified under section 182 of this Constitution: those who can read and write any article of the Constitution of the United States in the English language which may be submitted to them by the board of registrars, provided, however, that no persons shall be entitled to register as electors except those who are of good character and who embrace the duties and obligations of citizenship under the Constitution of the United States and under the Constitution of the state of Alabama, and provided, further, that in order to aid the members of the boards of registrars, who are hereby constituted and declared to be judicial officers, to judicially determine if applicants to register have the qualifications hereinabove set out, each applicant shall be furnished by the board of registrars a written questionnaire, which shall be uniform in all cases with no discrimination as between applicants, the form and contents of which questionnaire shall be prescribed by the supreme court of Alabama and be filed by such court with the secretary of state of the state of Alabama, which questionnaire shall be so worded that the answers thereto will place before the boards of registrars information necessary or proper to aid them to pass upon the qualification of each applicant. Such questionnaire shall be answered in writing by the applicant, in the presence of the board without assistance, and there shall be incorporated in such answer an oath to support and defend the Constitution of the United States and the Constitution of the state of Alabama and a statement in such oath by the applicant disavowing belief in or affiliation at any time with any group or party which advocated the overthrow of the government of the United States or the state of Alabama by unlawful means, which answers and oath shall be duly signed and sworn to by the applicant before a member of the county board of registrars. Such questionnaire and the written answers of the applicant thereto shall be filed with the records of the respective boards of registrars. The board may receive information respecting the applicant and the truthfulness of any information furnished by him. Those persons who have registered as electors under the Alabama Constitution of 1901 shall not be required to register again. Provided, further, that if solely because of physical handicaps the applicant is unable to read or write, then he shall be exempt from the above stated requirements which he is unable to meet because of such physical handicap, and in such cases a member of the board of registrars shall read to the applicant the questionnaire and oaths herein provided for and the applicant's answers thereto shall be written down by such board member, and the applicant shall be registered as a voter if he meets all other requirements herein set out.[1]

Amendment 92

Increasing or Decreasing Salaries, etc., of State and County Officers.

Any provisions of this Constitution or amendments thereto to the contrary notwithstanding, neither the legislature, nor any county of the state shall, by the imposition of new, different, and additional duties or otherwise, increase, or authorize the increase of, the salary, fees or other compensation of any officer of the state or of any county of the state, who is elected or appointed for a fixed term, during the term for which he is elected or appointed, regardless of whether such officer may be removed at the pleasure of the authority electing or appointing him or only upon impeachment; nor shall the legislature or any county of the state in any manner or by any means decrease, or authorize the decrease of, the salary, fees or other compensation of any such officer, during the term for which he is elected or appointed; nor shall the legislature or any county of the state increase or decrease, or authorize the increase or decrease of, the salary, fees or other compensation of any person filling an unexpired term in any such office during the remainder of such term, either before or after the appointment or election of such person to fill the unexpired term. As to officers who are members of any court, board, commission, or similar body whose terms do not run concurrently, any increase or decrease in the salary, fees, or other compensation of the members of any such court, board, commission, or similar body shall become effective as to all such members thereof immediately after the expiration of the term or terms of office of the member or members whose term or terms first expire.[1]

Amendment 93

Expenditure of Fees or Taxes Relating to Use, etc., of Vehicles and to Fuels Used for Vehicles.

No moneys derived from any fees, excises, or license taxes, levied by the state, relating to registration, operation, or use of vehicles upon the public highways except a vehicle-use tax imposed in lieu of a sales tax, and no moneys derived from any fee, excises, or license taxes, levied by the state, relating to fuels used for propelling such vehicles except pump taxes, shall be expended for other than cost of administering such laws, statutory refunds and adjustments allowed therein, cost of construction, reconstruction, maintenance and repair of public highways and bridges, costs of highway rights-of-way, payment of highway obligations, the cost of traffic regulation, and the expense of enforcing state traffic and motor vehicle laws. The provisions of this amendment shall not apply to any such fees, excises, or license taxes now levied by the state for school purposes for the whole state or for any county or city board of education therein.[1]

Amendments

  • Amended by: Amendment 93, Alabama Constitution

Amendment 94

Economic Development of Municipalities in Fayette County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Fayette county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Fayette county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Fayette county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Fayette county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. No municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of such municipality. The governing body of any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 95

Economic Development of Municipalities in Blount County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Blount county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Blount county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Blount county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Blount county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. No municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of such municipality. The governing body of any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 96

See also: Section 178, Article VIII, Alabama Constitution

Amendment of Section 178.

Residency, registration and poll tax requirements for electors.

To entitle a person to vote at any election by the people, he shall have resided in the state at least two years, in the county one year, and in the precinct or ward three months, immediately preceding the election at which he offers to vote, and he shall have been duly registered as an elector, and shall have paid on or before the first day of February next preceding the date of the election at which he offers to vote, all poll taxes due from him for the two calendar years next preceding. Provided, that any elector who, within three months next preceding the date of the election at which he offers to vote has removed from one precinct or ward to another precinct or ward in the same county, incorporated town, or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward but for such removal.[1]

Amendment 97

Special Elections to Fill Vacancies in Either House of Legislature.

Whenever a vacancy occurs in either house of the legislature the governor shall issue a writ of election to fill such vacancy for the remainder of the term. However, if the secretary of state determines that a legally qualified candidate for election to the vacancy is unopposed when the last date for filing certificates of nomination has passed, the election shall not be held. The secretary of state shall issue a certificate of election to the candidate, the same as if an election had been held, and the certificate shall be accepted by the house in which the vacancy occurred as evidence of the unopposed candidate's right to fill the position created by the vacancy. In the event an election is held, all the costs and expenses incurred thereby shall be paid out of any funds in the state treasury not otherwise appropriated.[1]

Amendment 98

Levy and Collection of Additional Property Taxes in Talladega County.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, the governing body of Talladega county is hereby authorized to levy and collect a special school tax not to exceed three-tenths of one percent on the value of the taxable property within the county, the proceeds of which shall be used exclusively for public school purposes; and a special tax not to exceed two-tenths of one percent on the value of the taxable property within the county, the proceeds of which shall be used exclusively for the construction and maintenance of county roads and bridges. The governing body of Talladega county may fix the rates of the additional taxes authorized herein, at its discretion, without submitting the question of levying such additional taxes to a vote of the qualified electors of the county.[1]

Amendment 99

Authorizing the Creation of Special School Districts, etc., in Lawrence County.

The board of education of Lawrence county may designate one or more school districts within said county (except that no part of the territory embraced within the special school district established under the provisions of the amendment of the Constitution proposed by Act No. 473 of the regular session of the legislature of Alabama of 1949 [Acts 1949, p. 690] shall be included in any such special school district) and may sell the issue bonds in an amount not exceeding one hundred fifty thousand dollars ($150,000) for each such special school district for the construction, improving, adding to, or equipping of a school building, or buildings, within said district. To pay the principal of and interest on said bonds and any redemption premium thereon, Lawrence county may levy and collect an annual tax on all taxable property situated within the special school district with respect to which such bonds may be issued, at a rate not in excess of five mills on each dollar's worth of said property as assessed for state taxation for the preceding tax year; provided, that whenever said tax has produced an amount sufficient to pay the principal of and interest on said bonds the tax shall not be thereafter levied and any surplus remaining therefrom shall be used for general school purposes in said school district. The bonds and tax herein authorized shall be in addition to those heretofore authorized, and no such bonds shall be issued, no such tax shall be levied, until the estimated cost of constructing, improving, adding to, or equipping the school building or buildings to be built in such district, its estimated time of completion, the maximum principal amount of the bonds proposed to be issued, the maximum rate of interest to be paid thereon, and the period over which the bonds to be issued will be retired, shall have been determined and made public by the board of education of said county, and the proposed issuance of bonds and increase in the rate of taxation shall have been authorized by a majority of the qualified electors of such special school district voting upon such proposal at an election to be called by the county governing body for said purpose, said election to be held not less than sixty days after the adoption of this amendment, but at anytime thereafter at the discretion of the said county governing body. The election provided herein shall be called, held, conducted and canvassed, and may be contested, as in the case of three mill school tax elections held pursuant to article 7, chapter 10, Title 52 of the Code of Alabama of 1940. Any bonds issued pursuant to this amendment shall be payable solely out of the proceeds of said tax which may be pledged therefor, but said bonds shall constitute negotiable instruments although payable from a limited source, and said bonds shall be eligible for the investment of trust funds. This amendment shall be self-executing.[1]

Amendment 100

Extension of Debt Limit of Mobile County.

Notwithstanding any other provision of this Constitution, Mobile county shall continue to have and possess all of the rights, powers and authority granted to it by amendment XVIII [18] of this Constitution and shall have and possess the power and authority to become indebted for the construction or erection of public buildings, bridges and roads within the limit prescribed by section 224 of this Constitution; provided, however, that all debts incurred or bonds issued by Mobile county under the provisions of amendments XVIII [18] and XXIX [29], and this amendment, shall be in addition to the limit fixed by said section 224, and shall not be taken into account or considered in determining or arriving at the debt limit of Mobile county under said section 224, and provided further that the six and one-half percent (6 1/2 %) limitation in amendment XVIII [18] aforesaid shall be construed to refer not to the total amount of bonds issued under authority of the amendment, but to the total amount of bonds so issued which may be outstanding at any one time. And provided further, that Mobile county may become indebted, issue bonds and levy the tax as authorized by and within the limits of amendment XVIII [18] aforesaid to pay all or part of the cost of the construction or improvement of concrete or better than concrete surfaced public roads, streets and bridges in Mobile county, including those within or partly within any municipality, and also for the purpose of constructing, improving and equipping school buildings in an amount not to exceed $1,000,000 and in an amount not to exceed $4,000,000 to construct and equip a building or buildings to be used for a courthouse and jail, including the acquisition of sites therefor; however, in submitting the question of issuing school bonds and courthouse and jail bonds hereunder, the county governing body shall submit the issuance of bonds for such purposes as a single proposition. Courthouse, jail and school bonds authorized hereby shall be issued in the manner provided in chapter 7 of Title 12 of the Code of Alabama of 1940 as heretofore or hereafter amended.

Bonds issued hereunder, together with bonds now or hereafter outstanding under authority of amendment XVIII [18], together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one percentum of the assessed value of the property situated in the county which may from time to time be levied or which has been levied, under said amendment XVIII [18]. The county governing body may agree in the proceedings authorizing the issue of school bonds and courthouse and jail bonds hereunder that it will, if and to the extent necessary to prevent default in the payment of principal or interest on such bonds, use for the payment of such principal or interest, or both, as a prior lien thereon so much of the proceeds of the tax of 2 1/2 mills authorized by section 215 of the Constitution as may be necessary. Further, after 30 days from the first publication in said county of the resolution authorizing and fixing the details of any bonds authorized to be issued hereunder, such bonds and the sources of payment provided therefor in such resolution shall be incontestable in any court in this state.[1]

Amendment 101

Special Property Tax for Public School Buildings in Marshall County.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama a special tax or taxes not to exceed five mills on each dollar's worth of taxable property in Marshall county is hereby authorized, the proceeds of which shall be used exclusively for erecting, constructing, remodeling, renovating, repairing, furnishing and equipping public school buildings in Marshall county; provided that any tax and the purpose thereof shall have first been submitted to the vote of the qualified electors of the county and voted for by a majority of those electors participating in the election. The election shall be called, held, conducted and governed by the applicable provisions of Code of Alabama (1940), Title 52, chapter 10, article 7, which governs elections on special school taxes and the tax hereby authorized shall be levied and collected as other special school taxes are levied and collected. If the proposal to levy the tax is defeated in an election it may not be again submitted to a vote for one year, but after the expiration of one year, and at intervals of one year thereafter, such question may be resubmitted to the qualified electors. Should a tax of less than five mills on each dollar's worth of taxable property be approved at an election thereon then at the expiration of one year from the date of the election at which such tax was approved, and at intervals of one year thereafter, the question of levying an additional tax for such purposes may again be submitted to a vote of the qualified electors of the county until the total of all taxes levied pursuant to the authority hereby conferred is five mills.

After any tax levied pursuant to authority hereby conferred shall have been collected for five years the court of county commissioners, board of revenue or other county governing body, upon receipt of a petition, signed by not less than twenty percent of the qualified electors of the county must call an election at which the question of repeal of the tax upon payment of all obligations then outstanding shall be submitted to the qualified electors of the county. Should a majority of the voters participating at this election vote for the repeal of the tax it shall cease as soon as the outstanding pledges against it have been paid in full. Should a majority of the electors participating in the election vote against repeal the question of repeal may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of one year thereafter, upon receipt of a petition signed by twenty percent of the qualified electors of the county, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the county.

The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by Code of Alabama (1940), Title 52, chapter 10, article 7, for an election on the special county school tax authorized in amendment III [3] to the Constitution of Alabama. The collection of the tax shall also be governed by the applicable provisions of the Code of Alabama (1940), Title 52, chapter 10, article 7, and the proceeds shall be used exclusively for the purposes authorized at the election approving the levy.[1]

Amendment 102

Special Ad Valorem Tax for School Purposes on Real and Tangible Personal Property within Chambers County.

In addition to all other taxes now or hereafter authorized by law, the governing body of Chambers county shall have the power to levy and collect, for a period of not exceeding twelve years, a special ad valorem tax on real and tangible personal property only, situated within said county, at a rate not exceeding five mills on each dollar's worth of said real and tangible personal property, as assessed for state taxation for the preceding tax year, the proceeds of said tax to be used solely for acquiring, constructing and equipping public school buildings within said county, including public school buildings for any city school system therein; provided, however, that the special ad valorem tax authorized herein shall be levied only in the event that no other additional ad valorem tax is authorized to be levied by a constitutional amendment submitted at the 1953 regular session of the legislature; and provided further, that before said special ad valorem tax shall be levied, the question as to whether said tax shall be levied shall have first been submitted to a vote of the qualified electors of said county at an election to be called by the governing body of said county, and shall have been voted for by a majority of said qualified electors voting at said election. The election provided for herein shall be called, held, conducted and canvassed, and may be contested in the same manner as provided by law for the calling, holding, conducting and canvassing of county bond elections. Upon the expiration of any tax authorized pursuant to this amendment, no further tax shall be authorized hereunder.

In the event the said special ad valorem tax shall be authorized by a majority of the qualified electors voting on said question at said election, the governing body of said county shall thereupon be authorized to sell and issue its tax anticipation bonds for the purposes for which said tax was authorized, which bonds shall be in such amount as the governing body of said county shall designate, and shall be subject to the provisions of the general laws pertaining to the issuance of county bonds except that no further election shall be required therefor. The revenue derived from the sale of said bonds shall be expended by the Chambers county board of education for the purposes stated herein. Any bonds issued pursuant to this amendment shall be payable solely out of the proceeds of the said special ad valorem tax hereby authorized, which shall be pledged therefor, and after the issuance of said bonds, the proceeds of said tax remaining after payment of the cost of assessment and collection shall be used only for payment of the principal of and interest on said bonds, the creation and maintenance of a reserve therefor, and the redemption thereof. Said bonds shall constitute negotiable instruments although payable from a limited source and shall be eligible for the investment of trust funds. The said bonds shall not constitute general obligations of the said county and shall be in addition to all other bonds which said county has heretofore issued or is authorized to issue under the Constitution and laws of Alabama.[1]

Amendment 103

Costs and Charges of Courts and the Offices, Terms, and Compensation of Officers of Chambers County.

The legislature may from time to time by general or local laws applicable to or operative in Chambers county fix, alter, and regulate the costs and charges of court, and the fees, commissions, percentages, allowances, or salary of, any officer of Chambers county; may provide the method and basis of compensation of such officers; may fix the terms of office of such officers; and may consolidate any of the offices held by such officers. When any such officer is compensated on a salary basis the legislature may provide for the distribution of the fees, commissions, percentages, and allowances collectible by him, and the funds from which the salary of the officer shall be paid, any other provision of this Constitution to the contrary notwithstanding.[1]

Amendment 104

Economic Development of Municipalities of Haleyville and Double Springs.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipalities of Haleyville and Double Springs in Winston county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipalities of Haleyville and Double Springs, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipalities of Haleyville and Double Springs, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing bodies of the municipalities of Haleyville or Double Springs may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipalities.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance, of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipalities of Haleyville and Double Springs for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipalities of Haleyville and Double Springs shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the respective municipality. The governing body of each of the two municipalities may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 105

Costs and Charges of Courts in Madison County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Madison county, and the method of disbursement thereof.[1]

Amendment 106

Additional Taxes in Morgan County for Public School Purposes.

Each school district in Morgan county, shall have power to levy and collect additional taxes on the taxable property located in the district of not to exceed $.55 per $100 worth of taxable property located in the district for public school purposes; provided, that the total of special county and school district taxes levied in the district for public school purposes under section 260 of this Constitution and all amendments to this Constitution including the present amendment shall not exceed a rate of $1.25 per $100 worth of taxable property located in the district, except that in determining whether the said rate of $1.25 per $100 will be exceeded there shall be excluded from such calculation taxes levied and collected under the authority of any amendment to this Constitution wherein it is stated that the adoption thereof will not affect the power, right or authority to levy special school taxes; provided further, that the adoption of this amendment shall in nowise limit, modify, abridge, or impair the power, authority or right of counties, municipalities, or school districts to levy and collect special school taxes or taxes of any kind for schools or school purposes vested in and conferred upon them, or any of them, by this Constitution, any amendment thereto, or any provisions of state law, or to make appropriations for schools or school purposes.

A school district within the meaning of this amendment shall include school districts which consist of incorporated cities or towns, or any school district of which an incorporated city or town is a part or such other school districts now existing or hereafter formed as may be approved by the county board of education.

The rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election.

The funds derived from the tax levied in any school district under this amendment shall be expended for the exclusive benefit of the district.[1]

Amendment 107

Issuance of Revenue Bonds and Other Revenue Securities by Municipalities.

Revenue bonds and other revenue securities at any time issued by a municipality for the purpose of extending, enlarging or improving any water, sewer, gas or electric system then owned by such municipality shall not be deemed to constitute bonds or indebtedness of such municipality within the meaning of sections 222 and 225 of this Constitution if by their terms such bonds or other securities are not made a charge on the general credit or tax revenues of the issuing municipality and are made payable solely out of revenues derived from the operation of any one or more of such systems.[1]

Amendment 108

Bonds and Other Securities Issued by Certain Public Corporations.

Each public corporation heretofore or hereafter organized or created in this state pursuant to authorization or determination by any municipality or municipalities, or county or counties, or the governing body of any one or more thereof, shall for the purposes of sections 222, 224, and 225 of this Constitution be deemed to be a separate entity from such municipality or municipalities, or county or counties. Bonds and other securities heretofore or hereafter issued by any public corporation so organized shall not be deemed to constitute bonds or indebtedness within the meaning of said sections even though property, whether or not capable of producing income, may have been transferred to such public corporation by any one or more of such municipalities or counties either with or without the payment of pecuniary or other consideration.[1]

Amendment 109

Exempting Blind and Deaf Persons from Payment of Poll Tax.

No person who is either blind or deaf shall be required to pay the poll tax specified in the Constitution as a prerequisite to voting in Alabama; but, on the contrary, every blind or deaf person shall be exempt from the payment of all poll taxes which have accrued and have not been paid or which hereafter may accrue. The term "blind person" as used herein includes any person who has a vision with or without adjusted glasses suitable to the eye or to the individual not greater than what is known as 2/100 vision. The term "deaf person" as used herein means any person who is wholly deprived of his sense of hearing. The judge of probate shall issue a certificate of exemption to any person exempt from the payment of poll tax by reason of this amendment. This amendment shall be self-executing and retroactive; but the legislature may enact laws designed to carry out the purposes of this amendment.[1]

Amendment 110

Filling Vacancy in Office of Judge of Jefferson County Circuit Court.

Any vacancy occurring in the office of judge of the tenth judicial circuit comprised of Jefferson county only, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within ninety days from the date of the submission of such nominations. In the event the governor fails to fill the vacancy from such nominations within such period, the appointment shall be made by the chief justice of the supreme court of Alabama.[1]

Amendment 111

See also: Section 137, Article V, Alabama Constitution, Section 139, Article VI, Alabama Constitution, and Sections 256, 258, 259, 260, 269, and 270, Article XIV, Alabama Constitution

Amendment of Sections 137, 139, 256, 258, 259, 260, 269, 270.

Sec. 137. Duties generally and restrictions on receipt of fees, etc., by attorney general, state auditor, secretary of state, state treasurer, superintendent of education and commissioner of agriculture and industries; annual reports by state treasurer and state auditor; attorney general may be required to defend suits against state, political subdivisions, officers, etc.

The attorney general, state auditor, secretary of state, state treasurer, superintendent of education, and commissioner of agriculture and industries shall perform such duties as may be prescribed by law. The state treasurer and state auditor shall, every year, at a time fixed by the legislature, make a full and complete report to the governor, showing the receipts and disbursements of every character, all claims audited and paid out, by items, and all taxes and revenues collected and paid into the treasury, and the sources thereof. They shall make reports oftener upon any matters pertaining to their offices, if required by the governor or the legislature. The attorney general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries shall not receive to their use any fees, costs, perquisites of office or other compensation than the salaries prescribed by law, and all fees that may be payable for any services performed by such officers shall be at once paid into the state treasury. The legislature may require the attorney general to defend any or all suits brought against the state, or any subdivision thereof, or against any state school board or state board of education, or against any county or city school board or board of education, or against like boards or commissions by whatever name designated, or against any members, officers or employees of any such boards, or against any school official or employee throughout Alabama.

Sec. 139. Vesting of judicial power; minimum standards for establishment of courts of general jurisdiction in counties; authority of legislature to constitute members of state, county and city school boards as judicial officers.

The judicial power of the state shall be vested in the senate sitting as a court of impeachment, a supreme court, circuit courts, chancery courts, courts of probate, such courts of law and equity inferior to the supreme court, and to consist of not more than five members, as the legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having a population of less than twenty thousand, according to the next preceding federal census, and property assessed for taxation at a less valuation that three million five hundred thousand dollars. The legislature shall also have authority to constitute as judicial officers any or all of the members of state school boards, state boards of education, county school boards, city school boards, and like boards or commissions by whatever name designated, and all superintendents of schools and school officials and employees throughout Alabama, and to provide that all action taken by them, or any of them, requiring the exercise of discretion or judgment in connection with school matters be judicial action.

Sec. 256. Educational policy of the state; authority of legislature to provide for or authorize establishment and operation of schools by persons, municipalities, etc.; grant, donation, sale or lease of funds and property for educational purposes; election of certain schools for attendance by parents of minors.

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.

To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide.

Sec. 258. Property donated or appropriated for educational purposes and estates of persons dying without will or heirs to be applied to furtherance of education.

All lands or other property given by individuals, or appropriated by the state for educational purposes, and all estates of deceased persons who die without leaving a will or heir, shall be used or applied to the furtherance of education.

Sec. 259. Use of poll taxes for support and furtherance of education.

All poll taxes collected in this state shall be applied to the support and furtherance of education in the respective counties where collected.

Sec. 260. Certain income to be applied to support and furtherance of education; special annual tax for education; maximum annual levy on taxable property; priority for payment of bonded indebtedness of state; proceeds of certain taxes to be used for support and furtherance of education.

The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States government, and the funds enumerated in sections 257 and 258 of this Constitution, together with a special annual tax of thirty cents on each one hundred dollars of taxable property in this state, which the legislature shall levy, shall be applied to the support and furtherance of education, and it shall be the duty of the legislature to increase the educational fund from time to time as the necessity therefor and the condition of the treasury and the resources of the state may justify; provided, that nothing herein contained shall be so construed as to authorize the legislature to levy in any one year a greater rate of state taxation for all purposes, including schools, than sixty-five cents on each one hundred dollars' worth of taxable property; and provided further, that nothing herein contained shall prevent the legislature from first providing for the payment of the bonded indebtedness of the state and interest thereon out of all the revenue of the state.

Except as they may be specifically set aside in trust funds or otherwise applied to the payment of indebtedness, all proceeds of income or other taxes levied by the state, and of all special ad valorem or other taxes levied by counties and other municipalities, or school districts, pursuant to the Constitution as heretofore amended, for public school purposes, shall be applied to the support and furtherance of education pursuant to section 256 of the Constitution, as amended.

Sec. 269. Special county educational taxes.

The several counties in this state shall have power to levy and collect a special tax not exceeding ten cents on each one hundred dollars of taxable property in such counties, for the support and furtherance of education in such manner as may be authorized by the legislature; provided, that the rate of such tax, the time it is to continue, and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation, state and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property; excluding, however, all special county taxes for public buildings, roads, bridges, and the payment of debts existing at the ratification of the Constitution of eighteen hundred and seventy-five.

Sec. 270. Applicability of article to Mobile county.

The provisions of this article and of any act of the legislature passed in pursuance thereof for educational purposes, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes and to make reports to the superintendent of education as may be prescribed by law; and all special incomes and powers of taxation as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the legislature.[1]

Amendment 112

See also: Section 94, Article IV, Alabama Constitution

Amendment of Section 94.

Counties, municipalities and other political subdivisions not to grant public money or lend credit to individuals or corporations; alienation of public parks, playgrounds, recreational facilities and housing projects by political subdivisions and public bodies.

The legislature shall not have power to authorize any county, city, town, or other subdivision of this state to lend its credit, or to grant public money or thing of value in aid of, or to any individual, association, or corporation whatsoever, or to become a stockholder in any such corporation, association, or company, by issuing bonds or otherwise. It is provided, however, that the legislature may enact general, special, or local laws authorizing political subdivisions and public bodies to alienate, with or without a valuable consideration, public parks and playgrounds, or other public recreational facilities and public housing projects, conditional upon the approval of a majority of the duly qualified electors of the county, city, town, or other subdivision affected thereby, voting at an election held for such purpose.[1]

Amendment 113

Bond Issue for Building Construction and Improvement Purposes at Alabama State Hospitals and Partlow State School for Mental Deficients.

The state is authorized to become indebted for building construction and improvement purposes at the Alabama State Hospitals and at the Partlow State School for Mental Deficients, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding four million dollars in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the acquisition of building sites; for the construction, reconstruction, alteration, and improvement of building facilities, including renewal and replacement of structural parts; and for the procurement of equipment for such buildings at the Alabama State Hospitals and at the Partlow State School for Mental Deficients; provided that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from such proceeds.

All bonds issued hereunder and the interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds shall be payable in substantially equal installments of principal and interest beginning in the next fiscal year after their date. They shall bear interest at a rate not to exceed three percent, and they shall contain a provision for their call for payment at such a time or times prior to maturity, and at such a premium, if any, as may be prescribed in the notice of sale. All bonds issued hereunder shall be sold to the best bidder at a duly advertised public sale, upon sealed bids or at auction, and shall not be sold for less than par and accrued interest; provided, however, that bidders may be invited to name the rate or rates of interest which the bonds are to bear. The right to reject any or all bids shall be reserved. Bonds issued hereunder shall mature within twenty years from the date of issuance.

The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment to the Constitution.[1]

Amendments

  • Amended by: Amendment 118, Alabama Constitution

Amendment 114

Bond Issue to Assist in Construction and Equipment of Hospitals, etc.

(a) Notwithstanding anything contained in the Constitution of the state of Alabama, or any amendment thereto heretofore adopted, the governor shall from time to time issue negotiable interest-bearing bonds for the purposes and in the manner and subject to the limitation stated in this amendment. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the punctual payment of the bonds and the interest thereon. The aggregate principal amount of all bonds issued hereunder shall not exceed two million dollars ($2,000,000) and they shall mature within ten years from the date of issuance.

The proceeds from the sale of such bonds are hereby appropriated and shall be used solely for the construction and equipping of hospitals, health centers, tuberculosis hospitals or sanatoria, and related medical facilities pursuant to Act No. 211, General Acts of Alabama 1945, page 330, approved July 7, 1945; and Act 287, General Acts of Alabama 1945, page 474, approved July 7, 1945; and Act No. 46, General and Local Acts 1949, page 68, approved June 2, 1949; as said acts are now or may hereafter be amended; and such facilities established and operated by the corporate authorities of a city or town, or a county governing body under the provision of Title 22, section 189, Code of Alabama 1940, as same is now or may hereafter be amended; or any act supplemental thereto or amendatory thereof. The funds provided hereby shall be used only for construction and equipping facilities under contracts which have been or are let on or after July 1, 1955; shall be used to match federal funds available for hospital health center, and related medical facilities provided under Public Law 725, 79th Congress and Public Law 482, 83rd Congress, as said Public Laws are now or may hereafter be amended; and the local governments in the area where each hospital, health center, tuberculosis hospitals or sanatoria, or related medical facility is to be constructed or equipped shall contribute at least as much money for the construction and equipping as does the state; and provided further that the state shall not contribute more than two hundred and fifty thousand dollars ($250,000) to the construction and equipping of any tuberculosis hospital or sanatoria and one hundred thousand dollars ($100,000) for any other facility included within the scope of this amendment.

In determining where a hospital, health center, tuberculosis hospitals or sanatoria, or related medical facility to be constructed with funds appropriated herein shall be located, consideration shall be given to the communities on the basis of relative need. Each county having no hospital, health center, tuberculosis hospitals or sanatoria, or related medical facility shall have first priority. Counties receiving prior allotments hereunder shall not be precluded from receiving an additional allotment for other facilities at the discretion of the state board of health. A sum not to exceed forty thousand dollars ($40,000) may be used by the state board of health from the proceeds of the sale of said bonds for administering the provision of this amendment.

(b) All bonds issued hereunder and the interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds shall be payable in substantially equal installments of principal and interest beginning in the next fiscal year after their date; they shall bear interest at a rate not to exceed 2 1/2 % and they shall contain a provision for their call for payment at such a time or times prior to maturity, and at such a premium, if any, as the governor may prescribe in the notice of sale. All bonds issued hereunder shall be sold to the best bidder at a duly advertised public sale, on sealed bids or at auction, and shall not be sold for less than par and accrued interest; provided, bidders may be invited to name the rate or rates of interest, which the bonds are to bear. The right to reject any or all bids shall be reserved.[1]

Amendments

  • Amended by: Amendment 121, Alabama Constitution

Amendment 115

Extension of Debt Limit of Tuscaloosa County.

Tuscaloosa county may become indebted, and in evidence of such indebtedness may sell and issue its interest-bearing bonds, to the extent of not exceeding $2,500,000.00 in principal amount, for the purpose of constructing and equipping a county courthouse and jail in said county and acquiring land therefor; provided, that before any such bonds shall be issued the question of whether said bonds shall be issued shall have first been submitted to a vote of the qualified electors of said county at an election to be called for that purpose by the governing body of said county and the issuance of said bonds shall have been authorized by a majority of said qualified electors voting at said election. The elections provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of county bond elections, and if the issuance of said bonds shall be authorized at any such election they may be sold and issued from time to time in the manner provided by law for the authorization and sale of county bonds. In the event the voters of Tuscaloosa county do not authorize the issuance and sale of said bonds at any election called hereunder then other elections may be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the issuance and sale of said bonds; provided that no two elections shall be held within one year of each other. Provided further that if the majority of the voters of Tuscaloosa county participating in the election as to the adoption of this constitutional amendment vote for such adoption of this amendment then this expression of the voters of Tuscaloosa county for this amendment shall of itself authorize the issue and sale of said bonds and then no additional election by the voters of Tuscaloosa county shall be required to authorize the issue and sale of said bonds and such bonds may be issued and sold as the full obligation of Tuscaloosa county without an additional election. In the event the voters of Tuscaloosa county do not authorize the issuance and sale of said bonds at any such elections herein referred to, authorized or called hereunder then other special elections shall be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the issuance and sale of said bonds; provided that no two special elections shall be held within one year of each other except the first special election herein provided for; and provided further that such special elections shall be held at least once every two years until said bonds are authorized. When authorized said bonds shall be promptly sold and such courthouse and jail shall forthwith be built. Tuscaloosa county shall and is hereby specifically authorized to acquire adequate lands for said courthouse and jail and approaches and parking spaces. Such courthouse and jail may be built as one building or as separate buildings as the governing body of Tuscaloosa county may determine and shall be properly and adequately equipped and furnished. The indebtedness herein authorized shall be in addition to all other indebtedness authorized prior to the adoption of this amendment.[1]

Amendment 116

State Works of Internal Improvement Along Navigable Waterways and Indebtedness Therefor.

In addition to the authority heretofore granted it by section 93 of this Constitution as amended, and notwithstanding the provisions of section 213 of this Constitution as amended, and when authorized by appropriate laws passed by the legislature, the state may, at a cost of not exceeding an additional ten million dollars engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable streams or waterways now or hereafter existing within the state all manner of docks, facilities, elevators, warehouses, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same, in aid of commerce and use of the waterways of the state; provided that any such work or improvements shall always be and remain under the management and control of the state through the Alabama state docks department or other state governing agency. When authorized by appropriate laws passed by the legislature, the state may become indebted in an aggregate principal amount of not exceeding $10,000,000 for the purpose of carrying out the provisions of this amendment and may cause to be issued its general direct obligation bonds for the repayment of such indebtedness and interest thereon and pledge the faith and credit of the state thereto.[1]

Amendment 117

Bonds for Construction and Improvement Purposes at Alabama Institute for Deaf and Blind.

The state is authorized to become indebted and to issue interest bearing bonds, in addition to those heretofore authorized and sold, in an aggregate principal amount not exceeding $3,000,000. The proceeds derived from the sale of said bonds shall be used solely for the purpose of paying the expenses incurred in the sale and issuance thereof and for the acquisition of sites for and the construction, reconstruction, alteration, improvement and equipment of building facilities, including the renewal or replacement of structural parts, at the Alabama Institute for Deaf and Blind. Said bonds shall be sold only at a duly advertised public sale or sales, upon sealed bids or at auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds offered for sale, and shall be sold at not less than their face value plus accrued interest thereon. Said bonds shall be direct general obligations of the state and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby specially and irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another by reason of prior issuance or otherwise, so much as may be necessary for said purpose of those portions of the state sales tax and the state use tax in effect at the date of the adoption of this amendment which are required by law at the date of the adoption of this amendment to be paid into the Alabama special educational trust fund. The said special pledge shall create a charge on the tax proceeds herein specially pledged prior to all other charges or expenses for educational or any other purposes whatsoever; provided, that in the event any other bonds should be issued under the authority of any other amendment to the Constitution proposed by the 1957 regular session of the legislature, or by any public corporation created pursuant to any statute enacted at said session, for payment of the principal of and interest on which the said taxes or any portion thereof should be pledged in such other constitutional amendment or in or pursuant to authority of such statute, then the special pledge of the said taxes herein made shall be on a parity with the pledge or pledges of said taxes or portion thereof for the benefit of such other bonds. The bonds issued under this amendment and the income therefrom shall be exempt from all taxation in the state of Alabama. The provisions of section 261 of the Constitution of Alabama shall not be deemed to apply to the tax proceeds so specially pledged or to the proceeds from any bonds issued hereunder. The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment.[1]

Amendment 118

Increasing Rate of Interest and Other Matters Relating to Bonds Authorized Under Amendment No. 113.

Bonds which may be issued for building construction and improvement purposes at Alabama State Hospitals and at Partlow State School for Mental Deficients, under the provisions of the amendment to the Constitution which was proposed by Act No. 37 adopted at the First Special Session of the Legislature of 1956 [1956, 1st Ex. Sess., p. 63] and which was ratified by the electors at the general election held on November 6, 1956 [amendment No. 113], may be sold, executed and delivered from time to time in series, may bear such date or dates, and may bear interest at such rate or rates not exceeding four and one-half per centum per annum payable semiannually and evidenced in such manner, all as may be provided at the respective times of the sales thereof. The maturities of the bonds of each series shall, to such extent as may be practicable, be so arranged that the first maturity of the bonds of each series shall be not later than one year after the date thereof and the last maturity of the bonds of that series shall be not later than twenty years after the date thereof, and the said maturities shall be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding under said amendment, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination in the proceedings under which the bonds are issued that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of any of the bonds and all subsequent holders thereof shall be fully protected by such determination.[1]

Amendment 119

Bonds for Construction and Improvement Purposes at University of Alabama Medical Center.

The state of Alabama is authorized to become indebted for building, construction and improved purposes at the University of Alabama Medical Center, in Birmingham, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state not exceeding four million five hundred thousand dollars in principal amount. The bonds shall be general obligations of the State of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the acquisition of lands adjacent to the University of Alabama Medical Center, in Birmingham, and to provide funds to be used to match federal funds granted by the National Institute of Health of the United States Department of Health, Education and Welfare for construction and equipment of a medical research building and to match federal funds granted under the Hill-Burton Act for the construction and equipment of a nurses' home at the medical center; provided that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from such proceeds.

The board of trustees of the University of Alabama is hereby vested with full authority, except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said board at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said board in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said board under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said board that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said board, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said board is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the president pro tempore of the board of trustees of the University of Alabama and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The proceeds from the sale of bonds hereby authorized, after the payment of all expenses of the sale thereof shall be set apart in a special trust fund in the state treasury to be designated The University of Alabama Medical Center Bond Fund; and such proceeds shall be used solely for the purposes, hereinabove enumerated, for which the bonds are authorized to be issued; provided that the plans and specifications for any building constructed with moneys from said special fund shall be approved by the Alabama building commission or any agency designated by the legislature as its successor.

The provisions of this amendment shall be self-executing and no further authorization from the legislature shall be a prerequisite to the validity of any bonds issued hereunder.[1]

Amendment 120

Bonds for Construction and Improvement Purposes at The Alabama Polytechnic Institute.

The state of Alabama is authorized to become indebted for building, construction and improvement purposes at The Alabama Polytechnic Institute at Auburn, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding four million five hundred thousand dollars ($4,500,000) in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of any such bonds shall, after payment of the expenses of their issuance, be set apart in a special fund in the state treasury to be designated "The Alabama Polytechnic Institute Building Bond Fund;" and such proceeds shall be used exclusively for the construction, reconstruction, alteration, and improvement of college building facilities, including the acquisition of sites and equipment for such facilities, for use by the School of Agriculture, the Agricultural Experiment Station, and the School of Veterinary Medicine of The Alabama Polytechnic Institute at Auburn; provided, that the plans and specifications for any building constructed with money from said special fund shall be approved by the Alabama building commission or any agency designated by the legislature as its successor.

The board of trustees of The Alabama Polytechnic Institute is hereby vested with full authority, except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said board at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said board in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said board under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said board that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said board, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said board is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the president pro tempore of the board of trustees of The Alabama Polytechnic Institute, and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The provisions of this amendment shall be self-executing and authorization from or other action of the legislature shall not be a prerequisite to the issuance of bonds hereunder.[1]

Amendment 121

Increasing Rate of Interest and Other Matters Relating to Bonds Issued Under Amendment No. 114.

Except as hereinafter limited, bonds which may be issued under the provisions of the amendment to the Constitution which was proposed by Act No. 125 adopted at the First Special Session of the Legislature of 1956 [1956, 1st Ex. Sess., p. 179] and which was ratified by the electors at the general election held on November 6, 1956, and proclaimed ratified on November 15, 1956 [amendment No. 114], may be executed and delivered from time to time in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal and interest or both with rights of conversion into another form, may bear interest at such rate or rates not exceeding 4% per annum payable semiannually and payable and evidenced in such manner, may contain provisions for redemption at the option of the state at such date or dates prior to their maturity and upon payment of such redemption price or prices, and may contain such other terms and conditions not inconsistent with the provisions hereof, all as may be provided in the order of the governor providing for the issuance thereof which shall be made at the time of each sale of any of said bonds. The principal of each series of said bonds shall mature in annual installments in such amounts as shall be specified in the order under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than ten years after the date of the bonds of the same series. When each series of said bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during any then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all of the said bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination in the order under which the bonds of such series are issued that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the said bonds shall be sold for less than face value plus accrued interest to the date of delivery, and all of the said bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after advertisement in a financial journal published in New York City at least one time not less than ten days prior to the date fixed for the sale, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the governor is received all bids may be rejected.[1]

Amendment 122

Bonds of Mobile County for Public School Buildings.

Mobile county is hereby authorized to become indebted for school building purposes and in evidence of the indebtedness so incurred, to sell and issue, in addition to all other bonds of the county, interest bearing bonds of the county not exceeding three million dollars ($3,000,000) in principal amount.

The bonds issued hereunder, together with the bonds now or hereafter outstanding under authority of amendment XVIII [18], proposed by Acts 1923, page 594, and proclaimed ratified November 15, 1924 (Proclamation Record D., page 107) and amendment C, proposed by Acts 1953, page 436, and proclaimed ratified December 28, 1953 (Proclamation Record, Volume I, page 144), together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one per centum of the assessed value of the property situated in the county which may from time to time be levied and which has been levied under amendment XVIII [18] and also from the proceeds of any tax or taxes levied under this amendment; and the board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority to continue to levy a tax in the amount authorized by said amendment XVIII [18], until all bonds issued pursuant to this amendment have been paid in full, or provision for such payment made, without again submitting the question of levying such tax and issuing such bonds to the qualified voters of Mobile county.

The proceeds from each sale of any of the bonds shall, after payment of the expenses of issuing the same, be covered into the county treasury and set apart therein in a special trust fund to be designated the "Public School Bond Fund." The money paid into such fund shall be disbursed to the custodian of county school funds, and shall be used solely for the acquisition of public school sites, for the construction, reconstruction, alteration and improvement of public school building facilities, for the procurement of equipment therefor, and for payment of obligations incurred for any of such purposes in Mobile county.

The board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof; and such county governing body is hereby specifically authorized to pledge to the payment of such bonds so much of the proceeds of any tax hereinbefore or hereafter levied pursuant to amendment XVIII [18], which has not already been pledged to the payment of other bonds of the county, and so much of the proceeds of any tax levied pursuant to this amendment as are needed for the payment of the bonds hereby authorized. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of Mobile county to be exercised by said board of revenue and road commissioners or other governing body of Mobile county at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by said county governing body in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said county governing body under which they were issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty-five years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the county the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said county governing body that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said county governing body, to the bidder whose bid reflects the lowest net interest cost to the county computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said county governing body is received all bids may be rejected.

The bonds shall be signed in the name of the county of Mobile by the chairman of the board of revenue and road commissioner or other presiding officer of the county governing body and shall be countersigned by the county treasurer, and the seal of the county, if any, or a facsimile thereof, shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the clerk of the county governing body; provided that a facsimile of the signature of any one or any two (but not all) of the officers whose signatures appear on the bonds may be reproduced on any of the bonds in lieu of being manually signed thereon. Any coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the chairman of the county governing body, which facsimile signature shall constitute sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income therefrom, shall forever be exempt from all taxation in this state.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder; provided, however, that the legislature may enact appropriate legislation, not inconsistent with this amendment, respecting the use of the proceeds from the bonds and providing for the payment of the principal thereof and the interest thereon.[1]

Amendment 123

Special School District Taxes in Cleburne County.

In addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, the several school districts or Cleburne county shall have the power to levy and collect a special district tax of fifty cents ($.50) on each one hundred dollars ($100) worth of taxable property in such districts for public school purposes; provided, that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election, the election to be held in the same manner as now provided by law for an election on the school district tax authorized in article XIX of the Constitution of Alabama. The funds arising from such special tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district, as the law may direct.[1]

Amendment 124

Special School Tax in Russell County; Tax Anticipation Bonds.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, Russell county shall have the power to levy and collect a special county-wide school tax of eight mills on each dollar's worth of taxable property in Russell county, the proceeds of which shall be used exclusively for public school purposes; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. The special tax provided for herein may be renewed from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama (1940). The county tax collector shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in such manner as to turn over to the custodian of the county school funds of Russell county the revenue derived from the tax levied on all taxable property situated outside the corporate limits of Phenix City, such revenues to be used by the county board of education for educational purposes in connection with schools located or to be located outside the corporate limits of Phenix City, and to turn over to the custodian of school funds of the city school system of Phenix City the revenue derived from the tax levied on all taxable property situated within the corporate limits of Phenix City, such revenues to be used by the city board of education for educational purposes in connection with schools located or to be located within the corporate limits of Phenix City.

In the event that any special property tax authorized herein shall be authorized by a majority of the qualified electors voting on the question at the election, the county board of education of Russell county and the city board of education of Phenix City may, at such times as to them seem necessary and proper, sell and issue their tax anticipation bonds for the purposes for which the tax was authorized, which bonds shall be in such amounts as the respective board of education shall designate and, except as otherwise provided herein, shall be subject to the provisions of the general laws now pertaining to the issuance by county and city boards of education of capital outlay warrants, and no further election shall be required for the issuance of such bonds. The revenue derived from the sale of these bonds shall be expended by the county board of education and the Phenix City board of education for public school purposes only. Any bonds issued under the authority of this amendment shall be payable solely out of the proceeds of the special property tax hereby authorized, all or any part of which may be pledged therefor. The bonds issued under the authority of this amendment shall constitute negotiable instruments, although payable from a limited source, and shall be eligible for the investment of trust funds. The bonds shall not constitute general obligations of the county and shall be in addition to all other bonds or warrants which the county or city boards of education have heretofore issued or are authorized to issue under the Constitution and laws of Alabama.[1]

Amendment 125

Use of Certain Special County Taxes for Hospital Care and Treatment of Indigent Residents.

The legislature may authorize the use of any portion of the proceeds of any special county tax levied for the purpose of acquiring, constructing, equipping, operating, and maintaining public hospitals, public clinics, public health centers, and related public health facilities of any kind, or for any one or more of the purposes included within the meaning of the term "public hospital purposes," for the purpose of providing hospital care and treatment for indigent residents of the county, or for the purpose of matching any state or federal funds made available for use in providing hospital care and treatment for indigent residents of the county, any provision of the Constitution to the contrary notwithstanding. Provided, however, that if any portion of the proceeds of such tax shall have been pledged to the payment of any bonds, warrants, notes, or other obligations or evidences of indebtedness, such portion of the proceeds of the tax as shall have been so pledged shall not be used for any purpose except in payment of such bonds, warrants, notes, or other obligations or evidences of indebtedness.[1]

Amendment 126

See also: Section 225, Article XII, Alabama Constitution

Certain Obligations of Municipality Having Less than 6,000 Inhabitants Not Indebtedness Within Meaning of Section 225.

Obligations hereafter incurred and securities hereafter issued for any of the following purposes and under the following circumstances by a municipality having a population of less than six thousand inhabitants shall not be deemed to constitute indebtedness of such municipality within the meaning of section 225 of this Constitution: (a) for the purpose of acquiring, providing or constructing sanitary or storm water sewers, or street or sidewalk improvements, the cost of which, in whole or in part, is to be assessed against the property drained, served or benefited by such sewers or abutting such improvements; or (b) for the purpose of acquiring, providing or constructing school houses, provided that there shall be pledged for payment of the principal of and interest on such obligations or securities a tax which the governing body of such municipality shall have determined, upon the basis of its estimate of the revenues from said tax, will be sufficient to pay said principal and interest at their respective maturities.[1]

Amendment 127

Court Costs and Fees, Allowances, etc., of Officers of Walker County.

The legislature may, from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Walker county, and the method of disbursement thereof. Also, the legislature may, from time to time, by general or local laws, fix, alter, and regulate the costs, charges, fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, sheriff, circuit clerk, register of the circuit court, tax assessor, and tax collector of Walker county, or any other county officer on a fee basis, and may place any of such officers on a salary, and provide that the costs, charges, fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries and office expenses shall be paid.[1]

Amendment 128

Economic Development of Bullock County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Bullock county shall have full and continuing power and authority to do any one or more of the following, provided that such action is first approved by a majority of the qualified electors of the county who vote at an election held for such purpose.

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association, or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 9 of this amendment) be issued upon the full faith and credit of the county or may be limited as to the source of their payment.

7. To levy and collect, in addition to all other taxes now authorized or permitted, a special county privilege license tax or taxes of not exceeding one percent paralleling the state sales and use taxes imposed by chapter 20 of Title 51, Code of Alabama (1940) as amended.

8. To construct a dam or system of dams, and to acquire a site or sites therefor, on any public stream flowing within the county for the purpose of impounding waters to be used in irrigation projects, or in generating hydroelectric power, or in providing recreational facilities, or for other purposes, and to accept any funds by way of gift, grant, or loan from the federal government, or any agency or instrumentality thereof, for the purpose of constructing such dam or system of dams.

9. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

10. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Bullock county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Bullock county for the purpose of determining the borrowing capacity of such county under section 224 of the Constitution.

This amendment shall be self-executing; but the legislature shall have the power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 129

Additional Property Taxes in School Districts of Tallapoosa County.

In addition to any taxes now authorized by the Constitution and laws of Alabama, the governing body of Tallapoosa county shall have the power to levy and collect in any school district in the county a special district tax not to exceed three-fourths of one percent (3/4 %) on the value of the taxable property within such district for school purposes; provided that the levying of such tax and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and approved by a majority of those voting at such election. The election shall be called, held, conducted and canvassed and may be contested as in the case of three-mill school tax elections held pursuant to chapter 10, article 7, Title 52, Code of Alabama of 1940. All funds arising from the special school tax levied in any district of the county shall be expended for the exclusive benefit of that district as the law may direct. Provided, however, that such tax shall not apply to any property which is subject to an additional municipal tax for school purposes, in the same or a greater amount, levied pursuant to the authority of amendment LVI [56] to the Constitution of Alabama, so long as such municipal tax is levied and collected.[1]

Amendment 130

Special Tax by School Districts of Colbert County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Colbert county, Alabama shall have the power to levy and collect a special district tax of fifty cents on each one hundred dollars worth of taxable property in such districts for school purposes; provided, that the levying of such tax and the time during which it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election; and further provided that such election shall be held in the same manner as now provided for an election on the school district tax authorized in article XIX of the Constitution of Alabama; and be it further provided that the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct.[1]

Amendment 131

Special Property Tax for Educational Purposes in Butler County.

The court of county commissioners, board of revenue, or like governing body of Butler county shall levy and collect a special property tax, in addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one percent on the value of the property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election. The special tax provided for herein may be reduced from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy a tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama (1940). The tax shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected.[1]

Amendment 132

Altering Boundaries, Reducing Area or Abolishing Macon County.

The legislature may, with or without the notice prescribed by section 106 of this Constitution, by a majority vote of each house, enact general or local laws altering or re-arranging the existing boundaries, or reducing the area of, or abolishing, Macon county, and transferring its territory, or any part thereof, its jurisdiction and functions, to contiguous counties. Toward this end, there shall be a committee composed of the senators and representatives who now represent the counties of Bullock, Elmore, Lee, Macon, Montgomery, and Tallapoosa in the legislature, to study and determine the feasibility of abolishing Macon county or reducing its area, and to formulate the legislation deemed necessary for such purpose. The committee shall select a chairman and a vice-chairman from among their number, shall meet on the call of the chairman, and shall report its findings, conclusions, and recommendations to the legislative council on or before the first Friday in October, 1958; and the legislative council shall submit such report and any legislation proposed by the committee to the legislature at the 1959 regular session thereof. The committee shall be discharged upon the filing of its report with the legislative council. Committee members shall be entitled to receive an amount equal to their regular legislative per diem and allowances for each day they serve, not to exceed fifty days altogether. The committee may employ such engineering, technical, clerical, and Stenographic personnel as may be necessary for the conduct of its work, and may fix their compensation. The compensation and expenses of the committee and its employees, and the other necessary expenses incurred by the committee, shall be paid from any money in the state treasury not otherwise appropriated, on requisitions certified by the committee chairman; provided, that the aggregate amount to be expended by the committee shall not exceed the sum of fifty thousand dollars.[1]

Amendments

  • Amended by: Amendment 406, Alabama Constitution

Amendment 133

License, Excise, etc., Taxes on Wages or Salaries by Municipal Corporations in Walker County.

No municipal corporation in Walker county, Alabama shall have power or be authorized to levy, impose, assess, or collect any license, excise, tax, or fee on the right to work for wages or on salary in the service of an employer; and any such levy heretofore made shall be null and void.[1]

Amendment 134

Costs and Charges of Courts and Compensation of Officers of DeKalb County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in DeKalb county and the fees, commissions, percentages, allowances, and salary, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, register, and circuit clerk of DeKalb county, including the right to place any of such officers on a salary and provide for the fees charged or collected by them to be paid into the treasury from which their salaries are paid.[1]

Amendment 135

Fees, Allowances, etc., of Judge of Probate and Other Officers of Madison County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the fees, commissions, percentages, costs, allowances, and compensation to be charged or received by the judge of probate or any other officer of Madison county, and may place such officer on a salary, and provide that the fees, commissions, percentages, costs, and allowances collected by such officer shall be paid into the county treasury from which his salary shall be paid.[1]

Amendment 136

Compensation, Allowances, etc., of Officers of Colbert County.

The legislature may hereafter, from time to time, by general or local laws, fix, regulate, and alter the costs and charges of courts, and the fees, commissions, percentages, allowances, or salaries to be charged or received by any officer of Colbert county, including the method and basis of fixing and paying their compensation; provided, that no county officer's compensation shall be increased or diminished during the term for which he shall have been elected or appointed.[1]

Amendment 137

Costs and Charges of Courts and Fees, Allowances, etc., of Officers of Cullman County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Cullman county, and the fees, commissions, percentages, allowances, and compensation of any officer of Cullman county, and may change the method or basis of compensating any officer of Cullman county, including the power to place any such officer on a salary and to provide for the fees, commissions, percentages, or allowances collectible by such officer to be paid into the treasury from which his salary is paid.[1]

Amendment 138

Fees, Allowances, etc., of Officers of Dallas County.

The legislature may hereafter from time to time, by general or local laws, fix, alter and regulate the fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, tax assessor, tax collector, sheriff, coroner, register in chancery, circuit clerk, clerk-register, and members of the court of county commissioners, board of revenue, or like governing body of Dallas county. The legislature shall also have the power and authority to place any of such officers on a salary and to provide that the fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries shall be paid. The compensation of any such officer may be increased but not diminished, during the term for which he was elected or appointed, the provisions of any article or amendment of this Constitution to the contrary notwithstanding. Amendment XLVI [46] is hereby expressly repealed. The basis of compensation of all employees of Dallas county and of the above named officers heretofore fixed pursuant to authority of amendment XLVI [46] and in effect August 1, 1957, shall continue in force until otherwise fixed, altered or regulated by the legislature of Alabama by general or local laws.[1]

Amendment 139

Costs and Charges of Courts in Montgomery County.

The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of courts in Montgomery county, and the method of disbursement thereof.[1]

Amendment 140

Special, Private or Local Laws Relating to Lauderdale County and Municipalities Therein.

The legislature shall not pass a special, private, or local law changing the form of government of Lauderdale county or of any city, town, village, district, or other such political subdivision of the county, or abridge the term of any elected officer thereof, by the abolition of his office or otherwise, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county, city, town, village, district, or other political subdivision of the county, at an election held for such purpose, in the manner prescribed by such law.[1]

Amendment 141

Bond Issue for Mental Hospital at University of Alabama Medical Center.

The state is authorized to become indebted and to issue interest bearing bonds, in addition to those heretofore authorized and sold, in an aggregate principal amount not exceeding $3,000,000. The proceeds derived from the sale of said bonds shall be used solely for the purpose of paying the expenses incurred in the sale and issuance thereof and for the construction and equipment of a hospital building to constitute a part of the University of Alabama Medical Center, and to be used for the care and treatment of mental patients and for training of medical students in the field of mental illness. Said bonds shall be sold only at a duly advertised public sale or sales, upon sealed bids or at auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds offered for sale, and shall be sold at not less than their face value plus accrued interest thereon. Said bonds shall be direct general obligations of the state and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby specifically and irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another by reason of prior issuance or otherwise, so much as may be necessary for said purpose of those portions of the state taxes on the sale of spirituous or vinous liquors and of the state license taxes on those selling, storing or receiving for distribution malt or brewed beverages that are required by law on the date of the adoption of this amendment to be paid into the Alabama special mental health fund. The said special pledge shall create a charge on the tax proceeds herein specially pledged prior to all other charges or expenses for mental health purposes or any other purposes whatsoever. The bonds issued under this amendment and the income therefrom shall be exempt from all taxation in the state of Alabama. The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment.[1]

Amendment 142

Laws Placing Responsibility for County Roads in State Highway Department.

The legislature shall not hereafter by general, special or local law authorize the state highway department or any other agency of the state of Alabama, other than a court of county commissioners, board of revenue or like county governing body, to assume responsibility for the construction, repair or maintenance of all county roads or bridges within a county unless the assumption of such responsibility by the state highway department or other agency shall be approved by a vote of the duly qualified electors of the county in which such roads lie at an election held for such purpose, in the manner that may be prescribed by law. Provided, the state highway department, or other state agency may engage in the construction, repair or maintenance of a county road or bridge upon written agreement signed by the director and a majority of the members of the county governing body; and provided further that the legislature is not prohibited from authorizing the highway director or other state agency to designate certain routes or roads within a county as a part of the state highway system.[1]

Amendment 143

Special Property Tax in Barbour County.

The court of county commissioners, board of revenue, or like governing body of Barbour county may levy each year hereafter, in lieu of the tax levy authorized by the first proviso of section 215, article XI of the Constitution, a special county tax on the taxable property within the county at a rate not to exceed twenty-five cents on each one hundred dollars worth of taxable property in such county, to pay any debt or liability incurred for the erection of a new county courthouse, for the construction, repair, and maintenance of other necessary public buildings, and for general county purposes; provided, that the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election. The election shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.[1]

Amendment 144

Laws Changing Form of Government of Colbert County or Municipalities Therein or Changing Term of Office, Compensation, Allowances, etc., of Officers Thereof.

The legislature shall not pass a special, private, or local law changing the form of government of Colbert county or of any city, town, village, district, or other such political subdivision of the county, or abridging the term of any officer thereof, by the abolition of his office or otherwise, or increasing or decreasing or altering the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during the term for which he was elected or appointed, or at any time, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county, city, town, village, district, or other political subdivision of the county, at an election held for such purpose, in the manner prescribed by such law. Nor shall the legislature authorize the governing body of Colbert county or of any political subdivision thereof to increase or decrease or alter the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during his term, or at any time, unless the operation of the law providing therefor shall be approved by a vote of the duly qualified electors of the county or city, town, village, district, or other political subdivision of the county affected thereby, at an election held for such purpose, in the manner prescribed by such law.[1]

Amendment 144 of the Constitution of Alabama of 1901, relating to Colbert County, was repealed by Amendment 773.

Amendment 145

Special Tax in School Districts of Coosa County.

The several school districts of Coosa county shall have power to levy and collect a special district school tax not exceeding fifty cents on each one hundred dollars worth of taxable property in such district, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election. The special district tax authorized by this amendment shall be in addition to all other school district taxes authorized by law. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by law for elections on the special county school tax authorized in amendment III [3] to the Constitution. The revenue derived from the tax shall be used exclusively for the support and furtherance of education and for constructing and equipping school buildings and acquiring sites therefor.[1]

Amendment 146

Special Property Tax for Educational Purposes in DeKalb County.

The court of county commissioners, board of revenue, or like governing body of DeKalb county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of seven and one-half mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, provided that the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election; and, provided further, that the total of all taxes levied for educational or school purposes in any school district of the county shall not exceed a total of fourteen and one-half mills on each dollar's worth of taxable property located in the district. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama (1940). The tax shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected. The proceeds of the tax authorized by this amendment shall be used exclusively for educational purposes, provided that the revenue derived from four and one-half mills of the total rate of taxation authorized herein shall be devoted only to purposes of capital outlay, and the revenue derived from the remaining three mills shall be devoted to current operating expenses.[1]

Amendment 147

Special Property Tax for Educational Purposes in Lee County and City of Opelika.

The court of county commissioners, board of revenue or like governing body of Lee county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the corporate limits of Auburn and Opelika, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the corporate limits of Auburn and Opelika, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Auburn and Opelika shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the corporate limits of Auburn and Opelika shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the corporate limits of Auburn and Opelika.

The city of Opelika shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the corporate limits of the city, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on property situated within the corporate limits of Opelika shall be ordered and held in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The additional tax, authorized by this amendment to be levied on property situated within the corporate limits of Opelika, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property by the city of Opelika are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the limits of the city of Opelika.

If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.

Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the city of Auburn.

This amendment shall be self-executing.[1]

Amendment 148

Special Property Tax for Educational Purposes in City of Auburn.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, the city of Auburn shall have the power to levy and collect a special property tax, at a rate of not exceeding one-half of one per cent in any one year, on the value of the property in the city, as assessed for state taxation during the preceding year, the proceeds of which tax shall be used exclusively for the support and furtherance of education but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for educational purposes. Any such pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness. Before any such tax may be levied, the maximum rate of such tax, the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city of Auburn and voted for by a majority of such electors voting at such election. The maximum rate, the purpose or purposes and the duration of such special tax provided for herein may be renewed, extended, revoked, or amended from time to time by like vote of the qualified electors of the city of Auburn; provided, however, that no revocation or amendment shall be effective as to any tax pledged to the payment of any bonds, warrants, or other evidences of indebtedness. If any proposal to levy a tax is defeated in any election, subsequent elections thereon may be held at any time. Each election held under the provisions hereof shall be ordered, held, paid for, canvassed and may be contested in the same manner as is or may be provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds.[1]

Amendment 149

Special Tax in School District No. 1 of Madison County.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, a special tax of five mills on each dollar's worth of taxable property situated in school district no. 1, of Madison county, is hereby authorized, the proceeds of which shall be used exclusively for public school purposes within the said district.

If in the election on this amendment the amendment receives the favorable vote of a majority of the qualified electors of the district who vote hereon, a special tax of five mills shall be collected in the district, as other special school district taxes are collected, for the tax year ending September 30, 1959, and for each succeeding tax year thereafter until the tax is repealed as herein provided.

If in the election on this amendment a majority of the qualified electors of the district who vote hereon vote against the amendment, the special tax hereby authorized may be levied only if the question of levying the tax, and the purpose thereof, shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of the electors participating in the election. The election shall be called, held, conducted, and governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), which governs elections on special school district taxes; and the tax hereby authorized shall be levied and collected in the district as other special school district taxes are levied and collected. If the proposal to levy the tax is defeated in any such election, it may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of at least one year thereafter, such proposal may be resubmitted to the qualified electors of the district.

After the special tax authorized hereby has been levied, the court of county commissioners, board of revenue or like governing body of Madison county, upon receipt of a petition signed by not less than twenty per cent of the qualified electors who reside in the district, must call an election at which the question of the repeal of the tax, upon payment of all obligations then outstanding, if any, shall be submitted to the qualified electors of the district. Should a majority of the qualified electors participating in this election vote for the repeal of the tax, it shall cease immediately upon the payment in full of all outstanding pledges, if any, against it. Should a majority of the electors participating in the election vote against repeal, the question of repeal may not again be submitted to a vote for one year; but after the expiration of one year, and at intervals of at least one year thereafter, upon receipt of a petition signed by not less than twenty per cent of the qualified electors residing within the district, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the district.

The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by article 7, chapter 10, Title 52, Code of Alabama (1940), for an election on the special district school taxes authorized by amendment III [3] to the Constitution of Alabama. The collection of the tax shall also be governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), and the proceeds shall be used exclusively for public school purposes within the district.

This amendment shall be self-executing.[1]

Amendment 150

Pension or Retirement System in Mobile County and Municipalities Therein.

The legislature may hereafter, by general, local, or special laws, provide for the establishment of a pension or retirement system or systems for the benefit of public officers of Mobile county and the officers of incorporated municipalities within the county, any provision of the Constitution to the contrary notwithstanding, and may provide for the retirement of such officers on pay or part pay. But any such law shall not become operative until it is first approved by a majority of the qualified electors of the county, or of the municipality affected thereby, voting in a referendum election held for that purpose.[1]

Amendment 151

Bonds of Mobile County for Schoolhouses and Hospitals.

Mobile county is hereby authorized to issue its bonds not exceeding $3,000,000 in principal amount for the purpose of acquiring, providing, and constructing capital improvements in the county of which not exceeding $1,000,000 aggregate principal amount shall be issued to pay the costs of acquiring, providing, and constructing public schoolhouses in the county and of which not exceeding $2,000,000 aggregate principal amount shall be issued to pay the costs of acquiring, providing, and constructing public hospital buildings in the county, provided, that the aggregate principal amount of any series of bonds at any time issued hereunder, when added to the aggregate principal amount of all bonds then outstanding that are payable from or secured by the special annual ad valorem tax authorized in amendment XVIII [18] of the Constitution of Alabama, shall not exceed six and one-half percentum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the state tax year next preceding the issuance of such bonds hereunder; provided, further, that any bonds may be issued hereunder only after the question of the issuance of such bonds shall have been submitted to the qualified electors of Mobile county at an election called for that purpose by the governing body of said county, at which a majority of said qualified electors voting at said election shall have voted in favor of the issuance of such bonds, any such election to be called, held, conducted, and canvassed, and notice thereof to be given, in the manner provided by the then existing general laws of Alabama with respect to elections on the issuance of bonds by counties; provided, however, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this constitutional amendment shall vote for adoption of this amendment, then the approval of this constitutional amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for herein and in that event no additional election by the voters of Mobile county shall be required to authorize the issuance of said bonds. In the event that the majority vote at any election held hereunder is not in favor of the issuance of the bonds proposed at such election, the governing body of Mobile county may from time to time call other elections hereunder on the issuance of such bonds but not more than one such election shall be held during any period of twelve months.

The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, at the respective maturities of such principal and interest, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties.

For payment of the principal of and interest on any bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in said amendment XVIII [18] at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax, shall not exceed one-half of one per centum (1/2 of 1%) of the assessed valuation of taxable property in the county.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.[1]

Amendment 152

Amendment of Amendment No. 18.

Amendment XVIII [18]. Mobile county may at any time and from time to time issue its bonds for construction and improvement, or either, of hard surfaced roads, hard surfaced bridges, and surface water drainage facilities, or any thereof, in said county and, to provide for payment of the principal of and interest on such bonds, may levy and collect a special annual ad valorem tax on the taxable property in said county at a rate not exceeding one-half of one per centum (1/2 of 1%) of the assessed valuation of the taxable property in said county; provided, that the total principal amount of each series of bonds at any time issued hereunder, when added to the principal amount of all then outstanding bonds theretofore issued hereunder and of all then outstanding bonds theretofore issued under any other constitutional amendment that are payable from or secured by the said special tax, shall not exceed six and one-half per centum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the then preceding state tax year; provided, further, that the rate of the said special tax levied for payment of the bonds at any time issued hereunder and all other bonds at any time issued pursuant to any other constitutional amendment and payable out of or secured by said special tax shall not exceed said rate of one-half of one per centum (1/2 of 1%) hereinabove specified; and provided, further, that any bonds may be issued hereunder and said special tax for payment thereof may be levied and collected only after a majority of the qualified electors of said county voting at an election called for that purpose by the governing body of said county shall have voted in favor of the issuance of such bonds and the levy of such tax therefor. Each such election shall be called, held, conducted, and canvassed, and notice thereof shall be given, in the manner provided by the general laws of Alabama respecting elections on the issuance of bonds by counties, as such laws may exist at the time such election is called; provided, that prior to the holding of any election hereunder, the governing body of Mobile county shall cause to be prepared engineering maps and reports respecting the proposed work on roads, bridges and drainage facilities, or any thereof, shall adopt a resolution containing a brief description, including the name if any, of each proposed item of construction or improvement, a statement of the length or location of each such item and of the estimated cost thereof, and a statement of the total amount of the bonds proposed to be issued for all work of construction or improvement described in said resolution, and shall cause said resolution to be published in a newspaper published in the county one time not less than thirty days before such election. Any number of items of construction or improvement may be described in one resolution; and the question of the issuance of bonds and the levy and collection of said tax with respect to all of the work described in each resolution shall be submitted to the voters in one single proposition at any election held hereunder. Any number of such resolutions may be adopted on the same day, and any number of propositions may be submitted to the voters on the same day. Each engineering report prepared in accordance with the provisions hereof shall be accompanied by a certificate of the engineer preparing such report that the material proposed to be used for any road or bridge work described in such report meets the then existing specifications of the Alabama highway department applicable to the same type of construction or improvement.

The limitation of six and one-half per centum (6 1/2 %) of the assessed value of taxable property in the county, hereinabove provided for, is applicable only to the amount of bonds that may be outstanding immediately following the delivery of each series of bonds issued hereunder and shall not restrict the total amount of bonds that may be from time to time issued hereunder.

The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, so much of the said special tax as may be necessary to pay said principal and interest at their respective maturities. Each such pledge of the special tax made for the benefit of the bonds issued hereunder shall be on a parity with all valid pledges of said special tax theretofore or thereafter made for the benefit of bonds issued hereunder or under any other constitutional amendment, to such extent as shall not impair the obligations of any then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama respecting the sale, execution, issuance, and redemption of bonds by counties, as such laws may exist at the time of the delivery of such bonds.

The provisions of this amendment shall be self-executing, and the enactment of local legislation shall not be a prerequisite to the taking of any action hereunder by the said county and its governing body; and no local legislation at any time adopted with respect to this amendment shall be effective, and all such local legislation is hereby repealed.[1]

Amendment 153

Special Tax for School Purposes in Winston County.

The court of county commissioners, board of revenue, or other like governing body of Winston county shall have power to levy and collect a special county tax not exceeding fifty cents on each one hundred dollars worth of taxable property in such county in addition to taxes now authorized or that may hereafter be authorized for public school purposes, and in addition to that now authorized under section 260 of article XIV and amendment III [3] of the Constitution; provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county, and voted for by a majority of those voting at such election. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the special county school tax authorized in amendment III [3] to the Constitution of Alabama.[1]

Amendment 154

Nonresidents Making Mortgage Loans Through Licensed Mortgage Loan Brokers.

Section 1. Any corporation which is not organized under the laws of this state and has no place of business in this state may take and hold mortgages on real property located within this state, deposit the proceeds thereof in a bank account, or bank accounts, in this state, collect the debts secured thereby and may appoint a custodian or collection agent, who must be duly licensed under the laws of this state, to engage in the business of mortgage loan broker, to hold for such non-resident such securities, collect such debts, manage any property acquired by foreclosure thereof, sell and dispose of any property acquired by foreclosure thereof and enforce the provisions of such mortgages and no such foreign corporation shall be deemed to be doing business in this state solely by reason of doing any or all of the acts designated herein; provided, however, that any custodian or agent appointed under the provisions of this amendment by any such foreign corporation shall pay all applicable municipal license taxes and shall pay an occupational license tax as mortgage loan broker to the state of Alabama of one hundred dollars ($100.00) for the first year that such broker represents each such foreign corporation and five dollars ($5.00) annually for representing each such foreign corporation thereafter. Any foreign corporation which engages in any of the acts prescribed in this section may sue or be sued in this state in relation to any such mortgages held by it, or real property, securities or debts acquired by it and service of process may be perfected upon such foreign corporation by service upon any resident licensed mortgage loan broker appointed as custodian or agent by such corporation in this state.

Section 2. No foreign corporation, which does no other acts in this state than those provided in section 1 hereof, shall be required to pay any franchise tax, qualification fee, permit fee, nor shall it be required in any other way to qualify to do business in this state.

Section 3. This amendment shall be self-executing, but the legislature may, by general act, make provision for enforcement thereof and provide penalties for the violation thereof.[1]

Amendment 155

Economic Development of Municipality of Uniontown.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipality of Uniontown in Perry county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bond, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality of Uniontown, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipality of Uniontown in Perry county, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the municipality of Uniontown in Perry county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipality of Uniontown in Perry county for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipality of Uniontown in Perry county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the municipality. The governing body of the municipality may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 156

Special Property Tax for Educational Purposes in School District No. 2 of Randolph County.

The city of Roanoke shall have the power to levy and collect in school district no. 2 of Randolph county a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not more than one-half of one percent on the value of the property situated in the district as assessed for state taxation during the preceding year; provided that all such additional property taxes shall be levied and collected solely for educational purposes and may be pledged to the payment of the principal and interest on bonds, warrants, or other evidences of indebtedness issued for educational purposes, and provided, further, that the rate of such tax and the purpose or purposes thereof and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of such district and voted for by a majority of those voting at the election. Each election held under the provisions of this amendment shall be ordered, held, conducted, paid for, and governed otherwise in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. Elections to authorize the levy of such additional tax or taxes may be held as often as ordered by the governing body of the city of Roanoke, but when a proposition is submitted to the electors to levy such additional tax, and such proposition is defeated, then no subsequent election shall be held hereunder in the district for a period of one year thereafter.

The revenue derived from the additional tax authorized by this amendment shall be used solely for the construction of schools and other educational purposes in school district no. 2 of Randolph county.

This amendment shall be self-executing.[1]

Amendment 157

Bonds for Construction and Improvement Purposes at University of Alabama Research Institute.

The state of Alabama is authorized to become indebted for building, construction and improvement purposes at the University of Alabama Research Institute at Huntsville, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state not exceeding three million dollars in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the acquisition of lands, and to provide funds to be used for construction and equipment of a research institute; provided that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from such proceeds.

The board of trustees of the University of Alabama is hereby vested with full authority, except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said board at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said board in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said board under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided that the determination by the said board that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said board, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said board is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the president pro tempore of the board of trustees of the University of Alabama and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The proceeds from the sale of bonds hereby authorized, after the payment of all expenses of the sale thereof shall be set apart in a special trust fund in the state treasury to be designated the University of Alabama Research Institute bond fund; and such proceeds shall be used solely for the purposes, hereinabove enumerated, for which the bonds are authorized to be issued; provided that the plans and specifications for any building constructed with moneys from said special fund shall be approved by the Alabama building commission or any agency designated by the legislature as its successor.

The provisions of this amendment shall be self-executing and no further authorization from the legislature shall be a prerequisite to the validity of any bonds issued hereunder.[1]

Amendment 158

Bond Issue to Assist in Construction and Equipment of Hospitals, etc.

(a) Notwithstanding anything contained in the Constitution of the state of Alabama, or any amendment thereto heretofore adopted, the governor shall from time to time issue negotiable interest bearing bonds for the purposes and in the manner and subject to the limitation stated in this amendment. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the punctual payment of the bonds and the interest thereon. The aggregate principal amount of all bonds issued hereunder shall not exceed two million ($2,000,000) and they shall mature within ten years from the date of issuance. It is further provided that not more than one million dollars ($1,000,000) shall be issued during the biennium ending September 30, 1963, and that the additional one million dollars ($1,000,000) shall be issued in the ensuing biennium.

The proceeds from the sale of such bonds are hereby appropriated and shall be used solely for the construction and equipping of hospitals, health centers, and related facilities pursuant to Act No. 211, General Acts of Alabama 1945, page 330, and approved July 7, 1945; and Act 287, General Acts of Alabama 1945, page 474, approved July 7, 1945; and Act No. 46, General and Local Acts 1949, page 68, approved June 2, 1949; as said acts are now or may hereafter be amended; and such facilities established and operated by the corporate authorities of a city or town, or a county governing body under the provision of Code of Alabama, Title 22, section 189, as same is now or may hereafter be amended; or any act supplemental thereto or amendatory thereof. The funds provided hereby shall be used for construction and equipping facilities under contracts which have been or are let on or after July 1, 1961; shall be used to match federal funds available for hospital, health center, and related medical facilities provided under Public Law 725, 79th Congress and Public Law 482, 83rd Congress, as said public laws are now or may hereafter be amended; and that the local governments in the area where each hospital, health center, or related medical facility is to be constructed or equipped shall contribute at least as much money for the construction and equipping as does the state; and provided further that the state shall not contribute more than one hundred thousand dollars ($100,000) for any facility included within the scope of this amendment.

In determining where a hospital, health center, or related medical facility to be constructed with funds appropriated herein shall be located, consideration shall be given to the communities on the basis of relative need. Counties receiving prior allotments hereunder shall not be precluded from receiving an additional allotment for other facilities at the discretion of the state board of health. A sum not to exceed sixty thousand dollars ($60,000) may be used by the state board of health from the proceeds of the sale of said bonds for administering the provision of this amendment.

(b) All bonds hereunder and the interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds may be executed and delivered from time to time in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal and interest or both with rights of conversion into another form, may contain provisions for redemption at the option of the state at such date or dates prior to their maturity and upon payment of such redemption price or prices, and may contain such other terms and conditions not inconsistent with the provisions hereof, all as may be provided in the order of the governor providing for the issuance thereof which shall be made at the time of each sale of any of said bonds. The principal of each series of said bonds shall mature in annual installments in such amounts as shall be specified in the order under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than ten years after the date of the bonds of the same series. When each series of said bonds is issued, the maturities of the bonds of that series shall, to the extent as may be practicable, be so arranged that during any then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature of all of the said bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination in the order under which the bonds of such series are issued that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of said bonds shall be sold for less than face value plus accrued interest to the date of delivery, and all of said bonds shall be sold at public sale or sales, either sealed bids or at public auction, after advertisement in a financial journal published in New York at least one time not less than ten days prior to the date fixed for the sale, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the governor is received all bids may be rejected.[1]

Amendment 159

Continuity of Legislature in Event of Enemy Attack.

The legislature may provide for the continuity of the legislature of the state of Alabama and the representation therein of each of the political subdivisions of the state in the event of an attack by an enemy of the United States, by providing for the selection of emergency interim legislators who shall be designated for temporary succession to the powers and duties but not the office of a legislator in case of such emergency. Such emergency interim legislator may serve only when the legislator in whose stead he is authorized to serve has died or is unable temporarily for physical, mental or legal reasons to exercise the powers and discharge the duties of his office, and until such time as the elected legislator is able to resume the duties of his office, or in case of a vacancy in such office a successor has been elected in accordance with section 46 of this Constitution.[1]

Amendment 160

Issuance of Revenue Securities by Institutions of Learning.

Revenue bonds and other securities at any time issued by or on behalf of any state university, college or institution of learning for the purpose of acquiring, constructing and equipping any new building or facility or for the purpose of enlarging, extending or improving any existing building or facility shall not be deemed to constitute debt of the state within the meaning of section 213, as amended, of the Constitution, if by their terms such bonds or other securities are not made a charge on the general credit or tax revenues of the state but are made payable solely out of revenues derived from the operation of any existing building or buildings or facility or facilities as well as from the new building or facility to be acquired or constructed with the proceeds thereof or from the enlargements, extensions or improvements to any existing building or facility to be acquired or constructed with the proceeds thereof.[1]

Amendment 161

Board of Trustees of Auburn University.

Section 1. Auburn University, formerly called the Alabama Polytechnic Institute, shall be under the management and control of a board of trustees. The board of trustees shall consist of two members from the congressional district in which the institution is located, one from each of the other congressional districts in the state as the same were constituted on the first day of January, 1961, the state superintendent of education, and the governor, who shall be ex officio president of the board. The trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office for a term of twelve years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quadrennially. Vacancies occurring in the office of trustees from death or resignation shall be filled by the governor, and such appointee shall hold office until the next meeting of the legislature. The members of the board of trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be appointed as herein required. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. No employee of Auburn University shall be eligible to serve on its board of trustees.

Section 2. Section 266 of article 14 of the Constitution of Alabama 1901 is hereby repealed.[1]

Amendment 162

Additional Tax for School Purposes in Baldwin County

Section 1. The court of county commissioners, board of revenue, or other like governing body of Baldwin county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.[1]

Amendment 163

License Taxes for School Purposes in Bullock County.

The court of county commissioners, board of revenue or other like governing body of Bullock county may, to raise revenue for support of the public schools within the county, fix and collect license taxes for any business, trade, occupation or profession engaged in or carried on within the county, provided the rate of such licenses, the time they are to be continued and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Such elections shall be held in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same. Provided that such governing body of Bullock county shall not levy a privilege or license tax on any business or occupation on which a privilege or license tax is levied by sections 176-180, and 182-186 of Title 51 of the Code of Alabama 1940, as amended and in effect at the date of adoption of this amendment.[1]

Amendment 164

Special Property Tax for Educational Purposes in Tuscaloosa County.

Section 1. The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa.

Section 2. The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the territory and voted for by a majority of those voting at the election. Except as herein otherwise provided, elections on proposals to levy this tax on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be ordered and held in the same manner as provided by the law applicable to elections on school district taxes. The additional tax, authorized by this amendment to be levied on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property in the city of Tuscaloosa are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa.

Section 3. If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at intervals of not less than one year.

Section 4. The special school tax herein authorized shall be effective for a period of thirty years.

Section 5. This amendment shall be self-executing, and no enabling legislation shall be necessary.[1]

Amendment 165

Use of Special School Tax Funds, Refunding of Bonds, etc., in Calhoun County.

Any funds derived from the voted special school taxes levied in certain cities and school districts in Calhoun county under the provisions of that certain amendment to the Constitution proposed by Act No. 587 enacted at the 1947 regular session of the legislature of Alabama [Amendment No. 68] that are not needed to pay debt service on bonds issued under said amendment, or to comply with any other covenants contained in proceedings authorizing the issuance of such bonds, may, to such extent as the governing body of the political subdivision or agency entitled thereto may determine are excess of the amount then needed for the specific public school purpose for which said taxes were voted, be used for public school purposes generally. Any bonds which are now outstanding or which may hereafter be issued under the provisions of said amendment or this amendment may at any time and from time to time be refunded, whether before, at or after the maturity of the bonds refunded, by the issuance of new bonds, payable from the same sources as those refunded, in a principal amount sufficient to pay said bonds so refunded and any premium necessary to redeem, pay, purchase or otherwise retire said bonds; and bonds may be issued for the combined purpose of so refunding any such bonds and obtaining funds for acquiring, constructing and improving public school buildings, including sites therefor. Notwithstanding the fact that they may be payable solely from a specified source, all bonds hereafter issued under the provisions of said amendment or this amendment shall be negotiable instruments within the meaning of the negotiable instruments law of Alabama if they otherwise possess all the characteristics of negotiable instruments under the laws of Alabama and shall be legal investments for trust funds. Bonds authorized to be issued hereunder shall be issued in the same manner and by the same respective political subdivisions as those authorized to be issued under said amendment proposed by said Act No. 587 [Amendment No. 68] and may be so issued without the necessity of any further election. No bonds issued hereunder shall be chargeable against the constitutional debt limit of the political subdivision by which they are issued.[1]

Amendment 166

Special Property Tax for Acquiring, etc., Vocational Trade School and for Rural and Industrial Development in Chilton County.

Section 1. The court of county commissioners, board of revenue, or like governing body of Chilton county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar's worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes.

Section 2. In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Chilton county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Chilton county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.

Section 3. The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action.

Section 4. This amendment shall be self-executing and shall require no enabling legislation.[1]

Amendment 167

Additional Tax for School Purposes in Choctaw County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Choctaw county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.[1]

Amendment 168

Additional Tax for School Purposes in Clarke County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Clarke county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of Clarke county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.[1]

Amendment 169

Special School Tax in Clay County.

Section 1. If authorized at an election held for such purpose, the governing body of Clay county may levy and collect a special county tax at a rate not exceeding one-half of one percent on the value of the taxable property within the county as assessed for state taxation, the proceeds of which shall be used exclusively for public school purposes.

Section 2. An election shall be ordered by the county governing body to determine whether or not a special tax shall be levied for public school purposes as authorized herein upon the request of the county board of education, and the election shall be held and conducted in accordance with general laws providing for school tax elections pursuant to constitutional amendment III [3].[1]

Amendment 170

Special Property Tax for Educational Purposes in City of Tuscumbia.

The city of Tuscumbia shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.[1]

Amendment 171

Special Property Tax for Educational Purposes in City of Sheffield.

The city of Sheffield shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.[1]

Amendment 172

Special Property Tax for Educational Purposes in City of Muscle Shoals.

The city of Muscle Shoals shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.[1]

Amendment 173

Additional Tax for School Purposes in Franklin County.

The court of county commissioners, board of revenue, or other like governing body of Franklin county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.[1]

Amendment 174

Special Property Tax for Acquiring, etc., Vocational Trade School and for Rural and Industrial Development in Jackson County.

Section 1. The court of county commissioners, board of revenue, or like governing body of Jackson county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar's worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes.

Section 2. In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Jackson county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Jackson county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.

Section 3. The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action.

Section 4. This amendment shall be self-executing and shall require no enabling legislation.[1]

Amendment 175

Special District Tax for Furtherance of Education in Jefferson County.

In addition to any taxes now authorized or that may hereafter be authorized by the Constitution and laws of Alabama, the several school districts of Jefferson county shall, subject to an election in each such school district as hereinafter provided, have power to levy and collect a special district tax of not exceeding fifty (50) cents on each one hundred dollars ($100) of taxable property in such district for the furtherance of education therein. A school district within the meaning of this section shall include (a) that part of Jefferson county outside of the municipalities of Birmingham, Bessemer, Fairfield, Tarrant City and Mountain Brook as one district, (b) the city of Birmingham as one district, (c) the city of Bessemer as one district, (d) the city of Fairfield as one district, (e) the city of Tarrant City as one district, and (f) the city of Mountain Brook as one district. No tax shall be levied hereunder unless the rate of such tax, the time such tax is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors in each such district and voted for by a majority of those voting at such election. Any election on any such district tax shall be called and held, the results declared, and the tax levied and collected in the same manner as now or hereafter provided by law in the case of school district taxes authorized by amendment III [3] to the Constitution of Alabama, except that no county-wide tax shall be required as a condition precedent for a district tax under this amendment. The holding of one election shall not preclude a later election in the same district but no election in a district shall be held within two years from the date of the last election held in such district under the authority of this amendment. The proceeds of any special district tax authorized by this amendment shall be expended for the support of education in the district in which levied.[1]

Amendments

  • Amended by: Amendments 260 and 298, Alabama Constitution

Amendment 176

Additional Tax for School Purposes in Lamar County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Lamar county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of Lamar county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.[1]

Amendment 177

Special Property Tax for Educational Purposes in Lauderdale County.

The court of county commissioners, board of revenue or like governing body of Lauderdale county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the corporate limits of Florence, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the corporate limits of Florence, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Florence shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the corporate limits of Florence shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used for school construction and other educational purposes solely in the territory of the county outside the corporate limits of Florence.

If any proposal to levy a tax hereunder is defeated in any election, subsequent elections may be held at intervals of not less than two years.

This amendment shall be self-executing.[1]

Amendment 178

Special School Tax for City of Florence.

Section 1. The court of county commissioners or other like governing body of Lauderdale county may levy and collect a special tax at a rate not exceeding one-half of one percent on the value of the taxable property within the city of Florence, the proceeds of which shall be used exclusively for public school purposes, but shall not be used for or pledged to the payment of bonds or warrants, by the board of education of the city of Florence or its successor in function, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the city and voted for by a majority of those voting at such election.

Section 2. Elections may be called, held and conducted pursuant to this amendment in accordance with general laws providing for and regulating elections on district school taxes authorized by the third amendment to this Constitution, but subsequent elections thereon may be held at intervals of not less than two years.[1]

Amendment 179

Special Property Tax for School Capital Outlay Purposes in Mobile County.

The county commission; or other governing body by whatever named called or styled; of Mobile county is authorized and shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of the state of Alabama, of one-half of one percent (1/2 of 1%) on the value of the taxable property in the county, as such property was assessed for taxation during the preceding year. The proceeds of such tax shall be used exclusively for public school capital outlay purposes but may be pledged to secure the payment of principal and interest on warrants or other evidence of indebtedness issued and sold for public school capital outlay purposes by the board of school commissioners of Mobile county or other public body charged with the duties, powers and authority of conducting and operating public schools in Mobile county; which pledge shall take priority as provided in such warrants or other evidence of indebtedness and is in consonance with the provisions of existing law, at the time of the issuance and sale of the said warrants, touching the issue and sale of warrants by school bodies, for capital outlay purposes; provided that before such tax shall be levied, there shall be submitted to the qualified electors of Mobile county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof; and provided further, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this Constitutional amendment shall vote for the adoption of this amendment, then the approval of this amendment, expressed by said vote in said county in favor of its adoption, shall of itself authorize the levy and collection of the said special property tax for a period of thirty years commencing with the levy for the tax year of said county for which taxes will become due and payable to said county on October 1, 1962. Subsequent elections held hereunder shall be called, held and governed in all respects by the law that at the time of the said elections, is in effect for elections to determine whether or not a special county-wide school tax shall be levied and collected under the provisions of amendment III [3] (article XIX) of the Constitution of Alabama. The proceeds of the said tax shall be used solely for public school capital outlay purposes.

The power to levy, granted by this amendment, will not be exhausted by one election but shall remain a continuing grant unless and until it be repealed by subsequent Constitutional action.

Should, at any election by the qualified electors of Mobile county held hereunder, as hereinbefore provided for, the proposal to tax be defeated; the proposal to tax may be renewed and another election had at any time, upon complying with the requisites of law for the calling of such elections; provided, however, that no such subsequent election may be had within one year after the election in which the proposal was defeated.

This amendment shall be self-executing and shall require no enabling legislation.[1]

Amendment 180

Special Property Tax for Educational Purposes in School District No. 1 of Randolph County.

The court of county commissioners, board of revenue, or other like governing body of Randolph county may levy and collect a special property tax, in addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, at a rate not exceeding one-half of one percent on the value of the taxable property in school district number one, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided, that the rate of such tax and the purpose or purposes thereof, and the time such tax is to be continued, which shall not exceed thirty years, shall have been first submitted to a vote of the qualified electors of district one and voted for by a majority of those voting at the election. If any proposal to levy a tax is defeated in any election, subsequent elections thereon may be held at any time. The elections shall be called, held, conducted, paid for, and governed otherwise in the manner provided for elections on school district taxes as authorized in amendment III [3], article XIX, of the Constitution, and by article 7, of chapter 10, Title 52, Code of Alabama 1940, as heretofore or hereafter amended.[1]

Amendment 181

Special School Tax in Talladega County.

In addition to all taxes of every kind now or hereafter authorized by the Constitution and laws of Alabama, the court of county commissioners, the board of revenue or other like governing body of Talladega county may levy and collect a special school tax not to exceed three-tenths of one percent of the value of the taxable property within the county, or the value of the taxable property within any school district in the county, the proceeds of which shall be used exclusively for public school purposes, provided the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county; and if voted for by a majority of the qualified electors of the county, such tax shall be levied on all taxable property within the county, and if not voted for by a majority of the qualified electors of the county but voted for by a majority of the qualified electors of one or more school districts within the county then such tax shall be levied on all taxable property within each school district in which a majority of the qualified electors of such district vote for such tax, and the proceeds of such tax shall be used exclusively for public school purposes within the school districts of the county which vote for the tax. The question of the levy of such tax may be presented to the qualified electors of the county as a whole or to the qualified electors of any school district within the county and if rejected by the qualified electors of the county or by the qualified electors of any school district, may be re-submitted to the qualified electors of the county or of such school district after the expiration of one year from the last election. The court of county commissioners or other like governing body of Talladega county shall call all elections herein provided for upon being presented with a resolution of the Talladega county board of education requesting that an election be called.[1]

Amendment 182

Additional School Tax in Washington County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Washington county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.[1]

Amendment 183

Economic Development of Autauga County and Municipalities Therein.

Autauga county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to:

1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. Become a stockholder in any corporation, association or company.

5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in Autauga county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Autauga county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Autauga county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.[1]

Amendment 184

Legislation as to DeKalb County.

The legislature shall not pass a special, private, or local law changing the form of government of DeKalb county, or abridging the term of any officer thereof, by the abolition of his office or otherwise, or increasing or decreasing or altering the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during the term for which he was elected or appointed, or at any time, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county at an election held for such purpose, in the manner prescribed by such law. Nor shall the legislature authorize the governing body of DeKalb county to increase or decrease or alter the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during his term, or at any time, unless the operation of the law providing therefor shall be approved by a vote of the duly qualified electors of the county, at an election held for such purpose, in the manner prescribed by such law.[1]

Amendment 185

Compensation of Certain Officers of Elmore County.

The legislature may from time to time, by general or local laws applicable to or operative in Elmore county, fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, and clerk and register of the circuit court of Elmore county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. Provided, that no law changing the method or basis for compensating such officers shall become effective unless it is approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose.[1]

Amendment 186

Economic Development of Franklin County and Municipalities Therein.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Franklin county, or any municipality in Franklin county, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Franklin county, or the municipality therein, as the case may be, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in Franklin county, or upon all property in the municipality, as the case may be, or upon all property in any district the boundaries of which the governing body of the county or the municipality, as the case may be, shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the county or the governing body of the municipality, as the case may be, may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon Franklin county or any municipality therein.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further, and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Franklin county or any municipality therein for the purpose of determining the borrowing capacity of the county or any such municipality, as the case may be, under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Neither Franklin county, nor any municipality in Franklin county, shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county or of the municipality therein, as the case may be. The governing body of the county, or of the municipality, as the case may be, may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 187

Bond Issue for Construction and Equipment of Courthouse and Jail in Geneva County.

Geneva county is hereby authorized to incur indebtedness to the extent of not exceeding $600,000 in principal amount, and to issue its bonds in evidence of the indebtedness so incurred, for the purpose of constructing and equipping a new courthouse and jail in said county and, in order to provide for the payment for the principal of and interest on said bonds and any redemption premium necessary for the redemption thereof and the expense of maintaining the courthouse and jail so constructed, to levy and collect a special ad valorem tax on all taxable property in said county at a rate not exceeding 2 1/2 mills on each dollar of the assessed valuation of said property as assessed for state taxation; provided, that the said special tax shall cease to be levied when the principal of and interest on the bonds issued under the authority contained in this amendment shall have been paid. Said bonds may be issued and said tax may be levied only after the question of the issuance of said bonds and the levy of said tax shall have been submitted to the qualified electors of said county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of said bonds and the levy of said tax, which election shall be called, held, conducted, canvassed and may be contested, and notice thereof shall be given, in the manner provided by the then existing laws of Alabama with respect to elections on the issuance of bonds by counties; provided further, that if a majority of the qualified electors of said county participating in the election on the adoption of this amendment shall vote for the adoption thereof then the approval of this amendment expressed by the vote in said county in favor of its adoption shall of itself authorize the issuance of the bonds and the levy of the tax herein authorized, and in that event no additional election by the electors of said county shall be required to authorize the issuance of said bonds or the levy of said tax. At any election held under this amendment the question of the issuance of said bonds and the levy of said tax shall be submitted as a single proposition. In the event the majority vote in said county on the adoption of this amendment is against the adoption hereof, or in the event the majority vote at any election held in said county pursuant to the provisions of this amendment after its adoption is not in favor of the issuance of the bonds and the levy of the tax proposed at such election, the governing body of said county may from time to time call other elections hereunder on the issuance of said bonds and the levy of said tax, but not more than one such election shall be held during any period of twelve consecutive months. The power to become indebted, to issue bonds in evidence of such indebtedness, and to levy the tax as herein authorized shall be in addition to all other powers which the said county may have under the Constitution and laws of Alabama, and shall not be chargeable against the amount of indebtedness which may be incurred or the rate of taxes which may be levied under the Constitution and laws in effect prior to the adoption of this amendment.

All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit and of the said special tax to the extent necessary to pay the principal of and interest on said bonds. The governing body of said county may further, if it deems such action desirable, pledge for payment of the principal of and interest on said bonds any other tax which said county may be authorized to levy under any provision of the Constitution. All bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties. Any special tax which may be levied hereunder shall be levied and collected in accordance with the general laws of Alabama at the time in force respecting the levy and collection of ad valorem taxes by counties.[1]

Amendment 188

Economic Development of Greene County.

Any provision of the Constitution or laws of Alabama to the contrary notwithstanding, Greene county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses in the county.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association or corporation whatever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding $250,000, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidence of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Greene county, or may be limited as to the source of their payment.

7. To apply the proceeds from taxes levied and collected under the provisions of section 215 of the Constitution and amendments thereto to the purchase, construction, lease, or acquisition of any of the property described in subdivision 1 above or for the furtherance of any of the other powers or authorities granted in this amendment, provided the proceeds from such taxes have not been pledged for debts or liabilities now existing.

8. To pledge to the payment of any bonds, warrants, notes, or other obligations or evidence of indebtedness the annual proceeds from taxes levied and collected under authority of section 215 of the Constitution and amendments thereto which have not been pledged for debts and liabilities now existing, and to obligate itself irrevocably to continue to use the proceeds from such tax until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of Greene county may impose, by approving and filing a certificate to that effect in the office of the judge of probate of the county or secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.

The recital in any bonds, warrants, notes or other obligations or evidence of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that proceeds from taxes authorized under section 215 of the Constitution and amendments thereto have been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligation or evidence of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidence of indebtedness issued hereunder shall not be considered an indebtedness of Greene county for the purpose of determining the borrowing capacity of the county under sections 224 and 225 of the Constitution.

This amendment shall be self executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Greene county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county. The governing body of the county may provide for holding such election, but in no case shall an election be held until notice of the election and of the substance of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 189

Economic Development of Municipalities in Lamar County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Lamar county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Lamar county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Lamar county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further, and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Lamar county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Any municipality in Lamar county may make engagements or commitments or undertake projects authorized under the provisions of this Constitution and amendments thereto provided any such engagement, commitment, or undertaking is first approved by a majority of the qualified electors of such municipality voting in a referendum election held for such purpose. The governing body of any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 190

Economic Development of Lawrence County and Municipalities Therein.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Lawrence county and any municipality located therein shall have full and continuing power and authority to do any one or more of the following provided that such action is first approved by a majority of the qualified electors of the county or the municipality who vote at an election held for such purpose.

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. To levy and collect, in addition to all other taxes now authorized or permitted, a special county or municipal privilege license tax or taxes of not exceeding one percent paralleling the state sales and use taxes imposed by chapter 20 of Title 51, Code of Alabama 1940 as amended.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Lawrence county or any municipality may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body and all powers and authority conferred in this amendment upon the county and municipalities.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Lawrence county for the purpose of determining the borrowing capacity of such county under section 224 of the Constitution.

This amendment shall be self-executing; but the legislature shall have the power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 191

Promotion of Industrial, Commercial and Agricultural Development in Madison County and City of Huntsville.

For the promotion of local industrial, commercial or agricultural development, Madison county and the city of Huntsville shall each have full and continuing power (a) to purchase, construct, lease and otherwise acquire industrial, commercial and agricultural projects, including real and personal property, plants, buildings, factories, works, facilities, machinery and equipment of any kind whatsoever, (b) to lease, sell, exchange or otherwise convey all or any part of any such project to any person, firm or corporation, and (c) after an approving election as hereinafter provided, to sell and issue for such purposes interest-bearing general obligation bonds. Neither the county nor the city shall issue any bonds under the authority of this amendment unless the question of the issuance of such bonds has first been submitted to the qualified electors of the county or the city, as the case may be, and approved at such election by a majority of the qualified electors voting thereat. Each such election shall be called, held and conducted, and may be contested, in the manner provided by law for county or municipal bond elections, as the case may be. Bonds issued under the authority of this amendment shall not be considered indebtedness of the county or the city, as the case may be, within the meaning of sections 224 and 225 of the Constitution of Alabama, but neither the county nor the city shall at any time issue any bonds under the authority of this amendment if as a result thereof it will have outstanding an aggregate principal amount of bonds issued hereunder in excess of twenty per cent of the assessed value of the property in the county or the city, as the case may be. Neither shall the county or the city issue any bonds under the authority of this amendment unless prior thereto or contemporaneously therewith the county or the city, as the case may be, has entered into a lease or other similar agreement, with respect to the project being financed by such bonds, providing for the payment to the county or the city, as the case may be, of net rentals sufficient to pay the principal of and the interest on such bonds at the respective maturities of such principal and interest, and any bonds issued hereunder shall be secured by a pledge of such rentals and may be secured by a foreclosable mortgage on such project and by a pledge of any other taxes and revenues which the county or the city, as the case may be, is authorized by law to pledge to the payment of its bonded indebtedness. All bonds issued under the authority of this amendment shall be sold at public sale in the manner required by law for the sale of county or municipal bonds, as the case may be, and shall mature and be payable in annual or semiannual installments in such amounts and at such times as to result in the aggregate amount of principal and interest maturing thereon in each year following the year of their issuance being substantially equal, but shall not be subject to any other provisions of law relating to maturities of county or municipal bonds. In the event that any such action is necessary to prevent or cure a default in payment of the principal of or the interest on any bonds issued under the authority of this amendment, the county or the city, as the case may be, is authorized to levy and collect ad valorem taxes, without limitation as to rate or amount, on the assessed value of all taxable property in the county or the city, as the case may be, but only so long as and only to such extent as necessary to prevent or cure any such default.

In carrying out the purposes of this amendment, neither Madison county nor the city of Huntsville shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the city are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the city are authorized to levy and collect. This amendment shall be self-executing, but, notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.[1]

Amendments

  • Amended by: Amendment 245, Alabama Constitution

Amendment 192

Pensions of Former Officers of Mobile County and Municipalities Therein.

Any provision of the Constitution to the contrary notwithstanding, any person who served as an officer of Mobile county or any municipality therein before the establishment of a pension or retirement system for the benefit of the elected or appointed officers of such county or municipalities shall be eligible to receive a pension or retirement benefit in all respects equal to officers serving when such pension or retirement system was established. The governing body of the county and of each municipality therein is hereby authorized to expend any funds not otherwise appropriated that may be required to pay the benefits payable to such former officers.[1]

Amendment 193

Bond Issue for Capital Improvements in Mobile County.

Mobile county is hereby authorized to issue its bonds not exceeding $1,737,000 in aggregate principal amount for the purpose of acquiring, providing, constructing and equipping capital improvements in said county, including the acquisition of sites therefor, of which bonds $500,000 in principal amount shall be issued to pay costs of acquiring, providing, constructing and equipping public school buildings in said county, and $500,000 in principal amount shall be issued to pay all or a part of the costs of acquiring, providing, constructing and equipping a building or buildings for use for educational purposes on the college level in said county, $606,000 in principal amount shall be issued to pay a portion of the costs of acquiring, providing, constructing and equipping one or more public hospital buildings in said county whether such buildings shall be owned by said county or by any public corporation therein, and $131,000 in principal amount shall be issued to pay all or part of the costs of acquiring, providing, constructing and equipping one or more buildings in the county for the Alabama State College; provided, that the aggregate principal amount of any series of bonds at any time issued hereunder, when added to the aggregate principal amount of all bonds then outstanding that are payable from or secured by the special annual ad valorem tax authorized in Amendment XVIII [18] of the Constitution of Alabama, as amended, shall not exceed six and one-half per centum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the state tax year next preceding the issuance of such bonds hereunder; provided, further, that no bonds may be issued under the authority of this constitutional amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of Mobile county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of such bonds, any such election to be called, held, conducted, and canvassed, and notice thereof to be given, in the manner provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties; provided, however, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this constitutional amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for herein and in that event no additional election by the electors of Mobile county, shall be required to authorize the issuance of said bonds. If the majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of Mobile county voting at any election held under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at such election, the governing body of Mobile county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve months.

The bonds issued hereunder shall be general obligations of Mobile county for the payment of the principal of and interest on which the full faith and credit of said county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of said principal and interest, at the respective maturities thereof, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of bonds issued under the provisions of this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties. The indebtedness evidenced by the bonds issued hereunder or under any other amendment to the constitution which are payable out of or secured by a pledge of said special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of said county provided for in Section 224 of the constitution.

For payment of the principal of and interest on all bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in said Amendment XVIII [18] at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax shall not exceed one-half of one per centum (1/2 of 1%) of the assessed valuation of taxable property in said county.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.[1]

Amendment 194

Budget of Mobile County Public Hospital Board.

A. The following terms, wherever used in this amendment, shall be given the respective meanings hereinafter set forth. "The board" means Mobile county public hospital board, a public corporation existing under Act No. 46 adopted at the 1949 regular session of the legislature of Alabama, as amended. "The 1955 board" means Mobile county hospital board created and provided for in Act No. 105 adopted at the 1955 regular session of the said legislature, as amended. "Public hospital facilities" means public hospitals of all types, public clinics, public health centers, related public health facilities such as laboratories, out-patient departments, nurses' homes, and nurses' training facilities, and other facilities operated in connection with public hospitals. "Public hospital purposes" means the acquisition, by purchase, lease, donation or otherwise, and the construction, equipment, operation and maintenance of public hospital facilities, including the treatment and care of indigent patients; "Participating municipality" means each municipality in Mobile county having a population in excess of one thousand, according to the last federal census or any subsequent federal or other official census. "Local subdivision" means Mobile county and each participating municipality.

B. The board is hereby authorized and directed to prepare a budget for each of its fiscal years setting forth (a) the estimated amount of all expenditures that the board anticipates making during such fiscal year for payment of administering, operating and maintaining any public hospital facilities owned or managed by the board, including expenses for treatment and care of indigent patients, payment of rentals with respect to any such public hospital facilities, payment of costs of the acquisition and equipment of public hospital facilities, and payment of installments of principal and interest, or either, maturing during that fiscal year on obligations incurred or securities issued by the board for any of the aforesaid purposes; and (b) the estimated amount of all moneys that the board anticipates receiving during the same fiscal year and that the board has the right lawfully to apply for payment of the estimated expenditures set forth in the same budget, including revenue of the board from the operation of any public hospital facilities owned or operated by it, and any donations, taxes, appropriations, contributions by the United States and any income or receipts from any other source that the board has the right lawfully to use for payment of the said expenditures. Whenever the board shall determine that the estimated amount of the said expenditures during any fiscal year will exceed the estimated amount of the said receipts during any fiscal year, as shown by the budget for that fiscal year, then the board shall have the power to allocate the said deficit among Mobile county and each participating municipality, the amount allocated to each local subdivision being a sum constituting the same proportion of the total of the said deficit that the population of that local subdivision bears to a figure equal to the population of the entire of Mobile county plus the population of each participating municipality, all such population figures to be based on the last federal census or any subsequent federal or other official census, and shall have the power to assess, levy and collect from Mobile county and each participating municipality a sum equal to the portion of the deficit allocated by the board to each local subdivision, which sum shall be payable to the board by each local subdivision in twelve (12) equal monthly installments on the first day of each month in the fiscal year with respect to which the said budget was made; provided, however, that if a special annual ad valorem county tax for public hospital purposes shall be voted in Mobile county, then the power of the board to allocate any deficit among the local subdivisions and to assess, levy, and collect the amounts so allocated shall terminate after payment of the monthly installment falling due on the January 1 next succeeding the October 1 on which any such ad valorem tax so voted shall first be payable. The assessments and levies that the board is herein authorized to make, shall constitute binding obligations and debts of the local subdivisions collectible by suit or action brought by the board in any court of competent jurisdiction; but such obligations on the part of the aforesaid local subdivisions shall not be deemed to constitute debts of any local subdivision within the meaning of either section 224 or section 225 of the Constitution. The legislature shall have the continuing power by local or special legislation adopted at any time and from time to time, and without compliance with the provisions of section 106 of the Constitution, to specify the character and the maximum capacity or size of the public hospital facilities with respect to which items of expenditure may be included in any budget prepared by the board hereunder. Any such legislation adopted prior to the effective date of this amendment is hereby validated. The requirements of this amendment, and of any such legislation at any time adopted, as to the character and capacity or size of the public hospital facilities with respect to which items of expenditures may be included in any budget prepared by the board hereunder shall cease to be effective upon the termination, under the provisions hereof, of the power of the board to make allocation of the aforesaid deficit among the local subdivisions.

C. The 1955 board is hereby authorized to transfer to the board, and the board is hereby authorized to assume, all assets, contracts, properties, obligations and liabilities of the 1955 board. The corporate existence of the 1955 board and all of its acts in acquiring property, making contracts and incurring obligations and liabilities are hereby validated; and the transfer by the 1955 board to the board of all of the said assets, contracts, properties, obligations and liabilities and the assumption of all thereof by the board, to such extent as the said transfer and assumption shall have taken place on the date when this amendment becomes a part of the Constitution, are hereby validated. Following the completion of such transfer and assumption, the governing body of Mobile county is authorized to adopt a resolution declaring the 1955 board to be dissolved, whereupon it shall be dissolved.

D. Bonds and other securities issued by the board shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution or debts of any participating municipality within the meaning of section 225 of the Constitution, and shall not be deemed to constitute bonds of Mobile county or of any political subdivision thereof within the meaning of section 222 of the Constitution, regardless of whether any such bonds or other securities may be made payable from, or secured by a pledge of, the assessments herein provided for, the proceeds of any contract between the board and any local subdivision, all or part of the proceeds from any tax of any kind that may be allocated or appropriated to the board, revenues from operation of public hospital facilities owned or operated by the board, or any other revenues of the board. All pledges of any revenues of the board that may be made by it for the benefit of any securities issued by it shall take precedence in the order in which made and shall create a charge on the revenues so pledged prior to the expenses of operating and maintaining any public hospital facilities.[1]

Amendment 195

Special Tax for Public Hospital Purposes in Mobile County.

A. The following terms, wherever used in this amendment, shall be given the respective meanings hereinafter set forth. "The special tax" means the special county tax herein provided for. "The board" means Mobile county public hospital board, a public corporation existing under Act No. 46 adopted at the 1949 regular session of the legislature of Alabama, as amended. "Public hospital facilities" means public hospitals of all types, public clinics, public health centers, related public health facilities such as laboratories, outpatient departments, nurses' homes, and nurses' training facilities and other facilities operated in connection with public hospitals. "Public hospital purposes" means the acquisition by purchase, lease, donation or otherwise, and the construction, equipment, operation and maintenance of public hospital facilities, including the treatment and care of indigent patients.

B. If authorized by the vote of the majority of the qualified electors of Mobile county who participate in any election called for the purpose, the governing body of Mobile county must, subject to and in accordance with the provisions of this amendment, levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem county tax at a rate not exceeding three mills on each dollar of taxable property in Mobile county, the proceeds from which shall be used solely for public hospital purposes.

C. If a majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the special tax and in that event no additional election by the voters of Mobile county shall be required to authorize the levy of the special tax. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than three mills on each dollar of taxable property in Mobile county, then the governing body of Mobile county may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding three mills on each dollar of taxable property, and must call any such election within three months after the receipt by the said governing body of a petition for the calling of such election signed by not less than five percent of the qualified electors of Mobile county; provided, however, that not more than one election upon the levy of the special tax or upon the increase in the rate thereof, up to but not exceeding three mills as aforesaid, shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of five years, the governing body of Mobile county may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction in the rate thereof, such discontinuance or reduction to become effective for the tax year of the county next succeeding the tax year during which any obligations of the board that may be outstanding at the time of the election and that are payable out of or secured by any part of the special tax shall be finally retired; and after said five year period, the said governing body must call an election on the question of said discontinuance or reduction within three months after receipt by the said governing body of a petition for such election signed by not less than five percent of the qualified electors of Mobile county. If a majority of the qualified electors of Mobile county voting in any election upon the discontinuance of the special tax or reduction of the rate thereof should vote in favor of such discontinuance or reduction, then the special tax shall be discontinued or its rate reduced, as the case may be, such discontinuance or reduction to become effective for the tax year next succeeding the tax year when any of the aforesaid obligations outstanding at the time of the election shall be retired; provided, however, that not more than one election upon the discontinuance of the special tax or a reduction in the rate thereof shall be held during any period of twelve consecutive months. If the special tax shall be discontinued or its rate reduced pursuant to any election held hereunder, its levy or an increase in its rate up to the aforesaid maximum of three mills may be authorized at a subsequent election or elections held hereunder, and the special tax may thereafter again be discontinued or reduced in rate pursuant to subsequent election or elections held hereunder, it being the intention hereof that the power of the governing body of Mobile county to call elections hereunder, and its duty to call them upon receipt of petition as herein provided, shall be continuous, subject only to the requirement that not more than one election may be held hereunder during any period of twelve consecutive months. All elections held under the provisions of this amendment shall be called, held, conducted, and canvassed in such manner as the governing body of Mobile county shall prescribe.

D. Not later than February 1 in each tax year for which the special tax may be authorized hereunder to be levied, the board will certify to the governing body of Mobile county the rate of the special tax, not exceeding the rate at the time authorized by vote of the qualified electors of Mobile county as herein provided, that the board has determined should be levied in order to supply the funds needed for public hospital purposes during the next ensuing fiscal year of the board. During the month of February in each such tax year the governing body of Mobile county shall levy the special tax at such rate as may be certified by the board to be necessary, up to but not exceeding the rate then authorized as aforesaid, and the special tax so levied shall be due and payable on the then ensuing October 1. If the board should fail to make such certification with respect to the rate to be levied in any tax year, the governing body of Mobile county shall levy the special tax for that tax year at the maximum rate then authorized by vote of the qualified electors of the county as herein provided. All moneys derived from the collection of the special tax (after deduction of costs of assessment and collection thereof pursuant to any statutory provisions at the time applicable) shall be paid over to the board as received and used by the board for public hospital purposes in the county. The board may anticipate the proceeds from the special tax by issuing for any one or more public hospital purposes the bonds, warrants, or other securities, of the board and may pledge for payment of the principal thereof and interest thereon not exceeding 75% of the annual proceeds from the special tax. All such pledges of the special tax shall take precedence in the order in which they are made and shall create a charge on the special tax prior to the expenses of operating and maintaining any public hospital facilities. Bonds and other securities issued by the board, including those that may be issued in anticipation of the special tax and also any other securities issued by the board, shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution and shall not be construed to be bonds of the county or of any political subdivision thereof within the meaning of section 222 of the Constitution.

E. The rate of ad valorem taxation for general municipal purposes that is at the time otherwise permitted by the Constitution to each particular municipal corporation in Mobile county shall be reduced for the tax year of the municipality next succeeding any tax year of Mobile county for which the special tax shall have been levied at a rate exceeding one and one-half mills on each dollar of taxable property in the county, any such reduction to be by a rate of millage equal to the rate of millage by which the special tax so levied shall exceed one and one-half mills on each dollar of taxable property in the county.

F. The rate of ad valorem taxation for general county purposes that is at the time otherwise permitted to Mobile county by the Constitution shall be reduced, for any tax year for which the special tax shall be levied, any such reduction to be by the same rate of millage at which the special tax shall be levied for the same tax year or by one mill on each dollar of taxable property in the county, whichever shall be the lesser reduction.

G. The rate of that certain ad valorem tax authorized by amendment XVIII [18] to the Constitution, as amended by the amendment to the Constitution known as amendment XLII [42], and provided for also in those certain amendments to the Constitution known as amendments LX [60], C [100], CXXII [122], and CLI [151] and in the constitutional amendment proposed by that certain act of the 1961 regular session of the legislature of Alabama that was introduced in the said legislature as House Bill 1067 [amendment No. 193] shall be reduced, for each tax year for which the special tax shall have been levied at a rate exceeding one mill on each dollar of taxable property in the county, any such reduction to be by one-half mill on each dollar of taxable property in the county or by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one mill on each dollar of such taxable property, whichever shall be the lesser reduction.

H. Mobile county and each municipal corporation therein are hereby prohibited from making any appropriation or payment to the board during any tax year of the county in which the special tax shall be collected, except to provide funds for constructing and equipping public hospital facilities, unless any such appropriation or payment shall have been authorized by a majority of the qualified electors of the political subdivision proposing to make such appropriation or payment at an election held on the question in the said political subdivision.[1]

Amendments

  • Amended by: Amendment 248, Alabama Constitution

Amendment 196

Costs and Charges of Courts, and Compensation of Certain Officers, in St. Clair County.

The legislature may, from time to time, by general or local laws, to become effective only if approved by a majority of the qualified electors of St. Clair county voting at a referendum election held not less than three months after the final adjournment of the legislative session at which such law is enacted, fix, alter, and regulate the costs and charges of courts in St. Clair county and the fees, commissions, percentages, allowances, and salary, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, register, circuit clerk, and any other officer of St. Clair county, including the right to place any of such officers on a salary and provide for the fees charged or collected by them to be paid into the treasury from which their salaries shall be paid.[1]

Amendments

  • Amended by: Amendment 422, Alabama Constitution

Amendment 197

Economic Development of St. Clair County and Municipalities Therein.

St. Clair county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to:

1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. Become a stockholder in any corporation, association or company.

5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in St. Clair county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of St. Clair county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of St. Clair county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.[1]

Amendment 198

Hospital Tax and Tax Anticipation Bonds, etc., in Tallapoosa County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the governing body of Tallapoosa county shall levy and cause to be collected annually a special district tax, not exceeding 50 cents on each 100 dollars assessed valuation of taxable property in districts three and four of Tallapoosa county, Alabama, to be used exclusively for public hospital purposes (as the term "public hospital purposes" is defined in amendment LXXVI [76] to the Constitution proposed by Acts of 1949, page 897, submitted December 13, 1949, and proclaimed ratified December 21, 1949) within said districts three and four; provided that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in districts three and four of Tallapoosa county and voted for by a majority of such electors voting at such election. The governing body of Tallapoosa county may call an election at any time, and it shall be the duty of such governing body to call an election to be held within ninety days after receipt by it of a petition signed by not less than 5% of the qualified electors of said districts three and four, requesting that such election be called. The governing body may call such election to be held at the same time that this amendment is submitted to the electors of the state for ratification and such election shall be effective to require the levy and collection of such tax in the event that this amendment shall be ratified. The notice of such election, ballots to be used at such election and procedures for holding and determining the results of such election shall be prescribed by the governing body of Tallapoosa county. No election shall be held hereunder within one year from the date of the last election so held.

Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Tallapoosa county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.

The governing body of Tallapoosa county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said districts three and four, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.

No securities issued or contracts made by Tallapoosa county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Tallapoosa county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.

The districts three and four of Tallapoosa county herein referred to are the districts three and four provided for in Act No. 241, Local Laws of Alabama, approved September 7, 1923 (Local Acts of 1923, pages 144, 145).[1]

Amendment 199

Special Tax and Bond Issue for Public Buildings in Washington County.

Section 1. Washington county may become indebted in an aggregate principal amount not exceeding one million dollars in addition to the indebtedness of the county outstanding on the effective date hereof, for the sole purpose of financing the construction and equipment of a courthouse and jail and acquiring sites therefor. The county may issue and sell interest bearing general obligation bonds and pledge to the payment of the principal thereof and interest thereon the full faith and credit of the county and the proceeds of the special county tax provided for in section 2.

Section 2. In addition to all other taxes now or hereafter authorized by law, the court of county commissioners, board of revenue, or other like governing body of Washington county shall have the power to levy and collect, for a period not exceeding twenty years, a special ad valorem tax on property situated within said county, at a rate not exceeding four mills on each dollar of property as assessed for state taxation for the preceding year, the proceeds of said tax to be used solely for acquiring sites and constructing and equipping a courthouse and jail within said county or to pay any debt incurred for that purpose pursuant to section 1. Before any special ad valorem tax is levied, however, the question as to whether the tax shall be levied shall be first submitted to a vote of the qualified electors of the county at an election to be called by the governing body of the county, and shall be approved by a majority of the electors who vote thereon at said election. The election shall be called, held, conducted and canvassed, and may be contested in the same manner as provided by law for calling, holding, conducting and canvassing county bond elections. Upon the expiration of any tax authorized pursuant to this amendment, no further tax shall be authorized hereunder.

Section 3. In the event the qualified electors of Washington county do not authorize the levy of the special county tax provided for in section 2 at any election called hereunder, then other elections may be called by the county governing body from time to time until the electors of the county do authorize and approve the levy, provided that not more than two elections shall be held in the same year. If a majority of the electors of Washington county who participate in the election as to the adoption of this constitutional amendment vote to approve the amendment, such expression of the will of the electors of Washington county shall of itself authorize the levying of the special tax provided for and the issuance of the bonds. Approval of the tax levy at any election held hereunder shall be sufficient authority for issuance of the bonds as provided in section 1.

Section 4. Bonds issued pursuant to this amendment and the income therefrom shall be exempt from taxation.

Section 5. The legislature may enact appropriate legislation to implement the provisions of this amendment.[1]

Amendment 200

Bonds for Voting Machines.

Section 1. The several counties of the state may become indebted and issue and sell general obligation bonds or other evidence of such indebtedness for the purpose of paying the cost of installing and providing for the use of voting machines at all elections held within the county and the municipalities therein, (any provision of article 12 of this Constitution to the contrary notwithstanding). Such debts may be created and evidence thereof issued without a vote of the qualified electors of the county, but any debt so created shall be repaid within 20 years from the date of its creation.

Section 2. The legislature may enact general, special or local laws to enforce and implement this amendment.[1]

Amendment 201

Promotion of Cattle Industry.

Notwithstanding any other provision of this Constitution, the legislature may hereafter, by general law, provide for the promotion of the production, distribution, marketing, use, improvement and sale of cattle. The legislature may provide for the promotion of cattle and the cattle industry by research, education, advertising and other methods, and the legislature is further authorized to provide means and methods for the financing of any such promotional activity by prescribing a procedure whereby owners of cattle may by referendum held among the owners of cattle in this state levy upon themselves and collect assessments, fees, or charges upon the sale of cattle for the financing of any promotional program or activity in cooperation with processors, dealers and handlers of cattle. Provided, no assessment levied hereunder shall exceed ten cents (10¢) per head on any cattle or calves sold by cattle producers and no assessments shall be levied or deducted from the sale price of any cattle or calves which sell for less than ten dollars ($10.00) per head. The legislature shall make provisions for the nonpayment of assessments by cattle owners, and for the refund of assessments to any cattle owner dissatisfied with the assessment program. The legislature shall provide for the collection and distribution of any such assessments or charges by dealers, handlers, processors and purchasers of cattle and provide penalties for failure to make collection and distribution of such assessments. The legislature shall provide for the designation of a nonprofit association or organization organized for the promotion and betterment of cattle and beef products to administer and carry out such promotional program which shall include the conducting of elections or referendums among cattle owners. The legislature shall further provide for the deposit, withdrawal, disbursement and expenditure by the designated association of any funds received subject to the supervision and control of the activities authorized herein by the department of agriculture and industries and the state board of agriculture and industries. Assessments, fees or other charges collected as authorized by any legislative act adopted in pursuance hereof shall not be considered as a tax within the meaning of this Constitution or any provision thereof. Any uniformity requirements of this Constitution shall be satisfied by the application of the program upon cattle and beef products.[1]

Amendments

  • Amended by: Amendment 452, Alabama Constitution

Amendment 202

Additional Property Tax for County Educational Purposes.

The court of county commissioners, board of revenue, or other like governing body of each of the several counties in the state shall have the power to levy and collect a special county tax of not to exceed fifty cents on each one hundred dollars of taxable property, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, for educational purposes, on the value of the taxable property in the county as assessed for state taxation, provided the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in constitutional amendment III [3].[1]

Amendment 203

Additional Property Tax for Educational Purposes in Jackson County.

The court of county commissioners, board of revenue, or like governing body of Jackson county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, provided that the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election; and provided further, that the total of all taxes levied for educational or school purposes in any school district of the county shall not exceed a total of fourteen and one-half mills on each dollar's worth of taxable property located in the district. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article III [XIX], of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama 1940. The tax shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected. The proceeds of the tax authorized by this amendment shall be used exclusively for educational purposes, provided that the revenue derived from four and one-half mills of the total rate of taxation authorized herein shall be devoted only to purposes of capital outlay, and the revenue derived from the remaining three mills shall be devoted to current operating expenses.[1]

Amendment 204

Special School Taxes in Walker County.

Section 1. If authorized at an election held for such purpose, the governing body of Walker county may levy and collect a special county tax at a rate not exceeding one-half of one percent on the value of the taxable property within the county as assessed for state taxation, the proceeds of which shall be used exclusively for public school purposes; provided, however, that the governing body of Walker county shall not levy the special county property tax authorized by this amendment in addition to any tax authorized by a constitutional amendment proposed by the legislature at the same session of the legislature at which this amendment was proposed authorizing the governing body of each of the several counties in the state to levy an additional property tax for school purposes [amendment No. 202]. This tax shall be apportioned among the county and city school systems on a teacher unit basis in the manner that minimum program funds are distributed.

Section 2. An election shall be ordered by the county governing body to determine whether or not a special tax shall be levied for public school purposes as authorized herein upon the request of the county board of education, and the election shall be held and conducted in accordance with general laws providing for school tax elections pursuant to constitutional amendment III [3].[1]

Amendment 205

Special Property Taxes for School Purposes in Marion County.

The court of county commissioners, board of revenue or other like governing body of Marion county may levy and collect a special property tax, in addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, at a rate not exceeding one-half of one percent on the value of the property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for current operating expenses of public schools, excluding capital outlays or debt service; provided that the rate of such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election; provided, further that the funds derived by the county under this amendment shall be apportioned between the county and any independent city school system existing in the county in the same proportion that state funds are distributed under the minimum program funds. If any proposal to levy a tax as provided in this amendment is defeated in any election, subsequent elections thereon may be held at any time. The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for elections on school district taxes authorized in amendment III [3], article XIX of the Constitution, as prescribed by article 7, chapter 10, Title 52, Code 1940.[1]

Amendment 206

Additional Taxes for School Purposes in Coffee County.

The court of county commissioners, board of revenue, or other like governing body of Coffee county shall have power to levy and provide for collection of an additional district school tax of fifty cents on each one hundred dollars worth of taxable property in the several school districts within the county, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other district school taxes. The tax herein authorized shall be in addition to all other taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.[1]

Amendment 207

See also: Section 178, Article VIII, Alabama Constitution

Amendment of Section 178.

Residency, registration and poll tax requirements for electors.

To entitle a person to vote at any election by the people, he shall have resided in the state at least one year, in the county six months, and in the precinct or ward three months, immediately preceding the election at which he offers to vote, and he shall have been duly registered as an elector, and shall have paid on or before the first day of February next preceding the date of the election at which he offers to vote, all poll taxes due from him for the two calendar years next preceding. Provided, that any elector who, within three months next preceding the date of the election at which he offers to vote, has removed from one precinct or ward to another precinct or ward in the same county, incorporated town, or city, shall have the right to vote in the precinct or ward from which he has so removed, if he would have been entitled to vote in such precinct or ward but for such removal.[1]

Amendment 208

See also: Section 215, Article XI, Alabama Constitution

Amendment of Section 215.

Limitation on county property tax rates; special county taxes for public buildings, bridges or roads; disposition of revenue from special tax.

No county in this state shall be authorized to levy a greater rate of taxation in any one year on the value of the taxable property therein than one-half of one per centum; provided, that to pay debts existing on the sixth day of December, eighteen hundred and seventy-five, an additional rate of one-fourth of one per centum may be levied and collected which shall be appropriated exclusively to the payment of such debts and the interest thereon; provided, further, that to pay any debt or liability now existing against any county, incurred for the erection, construction, or maintenance of the necessary public buildings or bridges, or that may hereafter be created for the erection of necessary public buildings, bridges, or roads (a) any county may levy and collect such special taxes, not to exceed one-fourth of one per centum, as may have been or may hereafter be authorized by law. The proceeds of taxes levied under said proviso (a) for public building, road, or bridge purposes in excess of amounts payable on bonds, warrants, or other securities issued by the county may be spent for general county purposes, in such manner as the court of county commissioners, board of revenue, or other like county governing body may determine.[1]

Amendment 209

Additional Tax in City of Mountain Brook.

Any provision of the Constitution and laws of the state of Alabama to the contrary notwithstanding, the city of Mountain Brook, in Jefferson county, shall have, in addition to the power to levy and collect ad valorem tax each year at the rate authorized immediately prior to the adoption of this amendment, the further power to levy and collect each year an additional tax of one-fourth of one per centum based upon the value of the property therein as fixed for state taxation; provided, that before any such additional tax may be so levied and collected a majority of the qualified electors of said municipal corporation voting at an election called for that purpose shall vote in favor of the levy thereof; and provided further, that the adoption of this amendment or the levying of said tax shall in no wise affect, limit, modify, abridge or impair the power, authority or right of such municipality to levy and collect the special school taxes now or hereafter vested or conferred upon it under the Constitution, or any amendment thereto. Each election held under the provisions hereof shall be ordered, held, canvassed and may be contested in the same manner as may be provided by law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The ballots used at such elections shall contain the words "for 1/4 % additional rate of taxation," and "Against 1/4 % additional rate of taxation," so that the voter may record his choice for or against said additional tax.[1]

Amendment 210

Warrants Payable Out of Proceeds of Special Taxes for Educational Purposes in DeKalb County.

In addition to all other purposes for which the county board of education or any city board of education in DeKalb county is authorized by law to issue and sell warrants payable out of the proceeds from any special school tax or special tax for educational purposes generally, duly levied pursuant to this Constitution or amendments thereto, the county board of education of DeKalb county or the city board of education of any city in such county is authorized to issue and sell warrants payable out of the proceeds of such special taxes for the purpose of refinancing any deficit created by proration of school funds prior to June 1, 1962. Before any warrants are issued hereunder the existence of such deficit and the amount thereof shall be determined by the state department of examiners of public accounts and certified to the board of education desiring to issue the warrants. All warrants issued hereunder shall be issued, sold, redeemed and otherwise handled in the same manner and upon the same terms and conditions as warrants issued pursuant to article 4, chapter 10, Title 52, Code of 1940.[1]

Amendment 211

Further Provisions as to Additional Tax for School Purposes in Franklin County.

1. The court of county commissioners, board of revenue, or other like governing body of Franklin county shall have power to levy and collect the special property tax authorized by amendment CLXXIII [173] on all the taxable property in the county situated outside the corporate limits of the city of Russellville, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for public school purposes; provided that such tax and the purpose or purposes thereof and the time the tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of Franklin county residing outside the city of Russellville, and voted for by a majority of those voting at the election. Elections on proposals to levy the tax on the property in the county situated outside the city of Russellville shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution.

2. The county governing body may likewise levy and collect said special property tax on the property situated within the city of Russellville, as assessed for state taxation during the preceding year, provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city of Russellville and voted for by a majority of those voting at the election.

3. The additional taxes levied on property under amendment CLXXIII [173] and this amendment shall be collected in the same manner and under the same requirements and laws as other taxes levied on property for public school purposes.[1]

Amendment 212

State Tax on Net Income of Corporations.

The legislature shall have power to levy and provide for the collection of taxes for state purposes on net income of corporations, from whatever source derived, for the calendar year 1963, or for any fiscal year beginning in the calendar year 1963, and each year thereafter, at a rate not exceeding five percent. However, all federal income taxes paid or accrued within the taxable year by corporations shall always be deductible in computing net income taxable under the income tax laws of this state, provided that in the case of foreign corporations the amount of federal income tax deductible shall be in proportion to income derived from sources within Alabama, to be determined in accordance with such laws as the legislature may enact.[1]

Amendments

  • Amended by: Amendment 662, Alabama Constitution

Amendment 213

Bonds for State Docks Facilities.

The state of Alabama is authorized to become indebted for improvements at the Alabama state docks and the refunding of state docks revenue bonds, and in evidence of the indebtedness so incurred to issue and sell, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding ten million dollars ($10,000,000) in principal amount. The full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The Alabama state docks department (which term as used herein shall be construed to include any other agency of the state that may succeed to said department's functions) shall pledge and use so much of the revenues derived from its seaport facilities as may be necessary to pay at their maturities the principal of and interest on said bonds, and may pledge, agree to use, and use so much of said revenues as the said department with the approval of the governor may determine shall be necessary or desirable to build up and maintain a reserve for the payment of said principal and interest and for the maintenance, replacement and improvement of its seaport facilities.

The proceeds from the sale of any such bonds shall, after payment of the reasonable and necessary expenses of their issuance, be set aside in a special fund in the state treasury and shall be paid out of the Alabama state docks department upon authorization by the governor and shall be held by the said department in a special trust fund designated "state docks bond fund" and therefrom be disbursed as follows:

(a) Not exceeding $3,000,000 may be used to pay the reasonable and necessary costs of constructing and equipping works of internal improvement for use and operation as a part of the state docks facilities; provided that, if said department shall have issued subsequent to July 1, 1963, any notes in anticipation of the sale of bonds for any of said purposes, then so much as may be necessary, not exceeding $1,000,000, of said $3,000,000 shall be used to retire or fund said notes; and

(b) Not exceeding $7,000,000 may be used to refund and provide for the retirement of all or such part of the outstanding revenue bonds heretofore issued by said department as the director thereof, with the approval of the governor, shall deem advantageous, including payment of any redemption premiums required under the terms of said outstanding bonds to be paid in order to effect redemption thereof prior to their maturities; provided, that pending any redemption date or dates on which the outstanding bonds so refunded can be redeemed under their terms, any part of said $7,000,000 and any other funds of the said department may be invested in securities that are direct obligations of the United States of America, and such securities may be deposited by said department under irrevocable trust agreements, which said department is hereby authorized to enter into with any corporate trustee, and used to pay principal, interest and redemption premiums on said outstanding bonds.

Alabama state docks department is hereby vested with full authority, except as limited herein, to prescribe the terms of the bonds and to provide for the issuance and sale thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both, with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates, payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by the state docks department at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said department in the order or orders under which the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the authorizing order or orders, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. The largest installment of principal and interest maturing on each series of the bonds in any one year shall not exceed twice the preceding smallest installment of principal and interest maturing thereon in any prior year. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery. The bonds shall be sold only at public sale or sales, either on sealed bids or at auction, after such advertisement as may be prescribed by the said department to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said department is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the state docks director, and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The authorization to incur debt and issue bonds contained in this amendment shall supersede and take the place of any authorization for Alabama state docks department to issue revenue bonds granted by act of the legislature on the effective date of this amendment.

The provisions of this amendment shall be self-executing and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder.[1]

Amendment 214

Promotion of Poultry and Poultry Products.

Notwithstanding any other provision of this Constitution, the legislature may hereafter, by general law, provide for the promotion of the production, distribution, marketing and use of poultry and poultry products. The legislature may provide for the promotion of poultry and poultry products and the poultry industry by research, education, advertising and other methods, and the legislature is further authorized to provide means and methods for the financing of any such promotional activity by prescribing a procedure whereby producers, owners or growers of poultry may by referendum held among such producers, owners or growers of poultry in this state levy upon themselves and collect assessments, fees, or charges upon the sale of poultry and poultry products for the financing of any such promotional program or activity in cooperation with processors, dealers, handlers and other buyers of poultry and poultry products. Provided, no assessment levied hereunder shall exceed one cent (1¢) per hen or other domesticated fowl or any other classes of poultry sold by producers thereof. The legislature is authorized to make provisions for nonpayment and for the refund of assessments levied upon owners, producers or growers of poultry to any such person who does not desire to participate in the promotional program. The legislature shall provide for the collection and distribution of assessments or charges authorized hereunder and to provide penalties for failure to make such collection and distribution of assessments. The legislature shall provide for the designation of a nonprofit association or organization organized for the promotion and betterment of poultry and poultry products in Alabama to administer and carry out such promotional program which shall include conducting elections or referendum among producers, owners or growers of poultry. The legislature shall further provide for the deposit, withdrawal, disbursement and expenditure by the designated association of any funds received subject to the supervision and control of the activities authorized herein by the department of agriculture and industries and the state board of agriculture and industries. Assessments, fees or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this Constitution or any provision thereof. Any uniformity requirements of this Constitution shall be satisfied by the application of the program upon poultry and poultry products.[1]

Amendments

  • Amended by: Amendment 428, Alabama Constitution

Amendment 215

Costs and Charges of Court and Fees, etc., of Officers of Marshall County.

The legislature may, by general or local laws, fix, alter, and regulate the costs and charges of court and the fees, commissions, percentages, allowances, and salaries, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, circuit clerk, register of the circuit court, tax assessor, tax collector, or any other officer of Marshall county, and may place any of such officers on a salary and provide that the fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries shall be paid. The compensation of such officers shall not be increased or diminished during their terms.[1]

Amendment 216

Warrants Payable from Proceeds of Special School Taxes in Coffee County.

In addition to all other purposes for which the county board of education or any city board of education in Coffee county is authorized by law to issue and sell warrants payable out of the proceeds from any special school tax or special tax for educational purposes generally, duly levied pursuant to this Constitution or amendments thereto, the county board of education of Coffee county or the city board of education of any city in such county is authorized to issue and sell warrants payable out of the proceeds of such special taxes for the purpose of refinancing any deficit created by proration of school funds prior to June 1, 1963. Before any warrants are issued hereunder the existence of such deficit and the amount thereof shall be determined by the state department of examiners of public accounts and certified to the board of education desiring to issue the warrants. All warrants issued hereunder shall be issued, sold, redeemed and otherwise handled in the same manner and upon the same terms and conditions as warrants issued pursuant to article 4, chapter 10, Title 52, Code of 1940.[1]

Amendment 217

Economic Development of Clarke County and Municipalities Therein.

Clarke county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to:

1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. Become a stockholder in any corporation, association or company.

5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in Clarke county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Clarke county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.

The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Clarke county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.[1]

Amendment 218

Special School Tax in City of Huntsville.

Section 1. In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the school tax district of the city of Huntsville in Madison county to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided.

Section 2. The proceeds of said tax shall be used exclusively for constructing and improving school buildings and acquiring sites therefor in the school tax district of the city of Huntsville, Alabama.

Section 3. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Huntsville who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected for a period of thirty years without any other election having been held hereon. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Huntsville who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of the school tax district of the city of Huntsville and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in constitutional amendment III [3].[1]

Amendments

  • Amended by: Amendment 407, Alabama Constitution

Amendment 219

Levy of Certain Privilege Licence Taxes by Municipalities in Mobile County.

No incorporated municipality in Mobile county shall have power to levy, impose, or collect a privilege license tax upon or in respect of the employees of an employer which is measured by or based on income derived from wages, salaries, commissions, or bonuses, for personal services rendered, unless the levying thereof shall have been authorized before the enactment of such ordinance by a vote of the duly qualified electors of the city or town at an election held for such purpose, in the manner prescribed by the city or town council or commission.[1]

Amendment 220

Promotion of Industrial, Commercial and Agricultural Development in City of Bayou La Batre.

Any provision or limitations in this Constitution or laws to the contrary notwithstanding, the city of Bayou La Batre shall have full and continuing power and authority to do any act hereinafter described or engage in any activity mentioned if the same is first approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose. The city or governing body thereof may purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind and may lend its credit or grant public money and things of value in aid of, or to, any individual, firm, association, or corporation, to promote local industrial, commercial, or agricultural development and the location of new industries or businesses in the city. The city or the governing body thereof may borrow money and pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full, and may pledge thereto any rental or sales proceeds of property leased, or sold by it. The provisions of this article of amendment shall be self-executing; however, the governing body of the city shall have power to enact appropriate ordinances to implement and enforce the provisions hereof.[1]

Amendment 221

Economic Development of City of York.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipality of York in Sumter county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) to be issued upon the full faith and credit of the municipality of York, or may be limited as to the sources of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipality of York in Sumter county, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the municipality of York in Sumter county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive, no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipality of York in Sumter county for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipality of York in Sumter county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the municipality. The governing body of the municipality may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 222

Bonds for State Docks Facilities.

The state of Alabama is authorized to become indebted for improvements at the Alabama state docks and in evidence of the indebtedness so incurred to issue and sell, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding three million dollars ($3,000,000) in principal amount. The full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon.

The Alabama state docks department (which term as used herein shall be construed to include any other agency of the state that may succeed to said department's functions) shall, subject to the provisions of the bond order relating to the sale of $10,000,000 principal amount of general obligation seaport facilities bonds of the state of Alabama dated March 1, 1964, pledge and use so much of the revenues derived from its seaport facilities as may be necessary to pay at their maturities the principal of and interest on said bonds, and may pledge, agree to use, and use so much of said revenues as the said department with the approval of the governor may determine shall be necessary or desirable to build up and maintain reserves for the payment of said principal and interest for the maintenance, replacement and improvement of its seaport facilities. The proceeds from the sale of any such bonds shall, after payment of the reasonable and necessary expense of their issuance, be set aside in a special fund in the state treasury and shall be paid out to the Alabama state docks department upon authorization by the governor and shall be held by the said department in a special trust fund designated "Alabama state docks expansion bond fund" and therefrom be disbursed to pay the reasonable and necessary costs of constructing and equipping works of internal improvement for use and operation as a part of the state docks facilities; provided that, if said department shall have issued any notes in anticipation of the sale of bonds for any of said purposes, then so much as may be necessary, not exceeding $1,000,000, shall be used to retire or fund said notes.

The Alabama state docks department is hereby vested with full authority, subject to the provisions of the bond order relating to the sale of $10,000,000 principal amount of general obligation seaport facilities bonds of the state of Alabama dated March 1, 1964, and except as limited herein, to prescribe the terms of the bonds and to provide for the issuance and sale thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both, with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates, payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by the state docks department at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said department in the order or orders under which the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amount as shall be specified in the authorizing order or orders, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. The largest installment of principal and interest maturing on each series of the bonds in any one year shall not exceed twice the preceding smallest installment of principal and interest maturing thereon in any prior year. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery. The bonds shall be sold only at public sale or sales, either on sealed bids or at auction, after such advertisement as may be prescribed by the said department to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said department is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the state docks director, and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The authorization to incur debt and issue bonds contained in this amendment shall supersede and take the place of any authorization for Alabama state docks department to issue revenue bonds granted by act of the legislature in effect on the effective date of this amendment.

The provisions of this amendment shall be self-executing and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder.[1]

Amendment 223

See also: Section 181, Article VIII, Alabama Constitution

Qualifications and Registration of Electors; Repeal of Section 181.

1. The following persons, and no others, who, if they are citizens of the United States over the age of twenty-one years and have the qualifications as to residence prescribed in section 178 of this Constitution, as amended, shall be qualified to register as electors provided they are not disqualified under section 182 of this Constitution: Those who can, except for physical disability, read and write any article of the Constitution of the United States in the English language, and makes proof of the same in such manner as may be prescribed by the legislature. The legislature shall enact general registration laws whereby upon personal application a voter may be registered and his registration continued so long as he shall remain qualified to vote from the same address, and may provide by law for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage.

2. Article VIII, section 181, of this Constitution, as amended, is hereby repealed.[1]

Amendment 224

Bonds for Display of Certain Exhibits in Madison County.

The state of Alabama is authorized to become indebted for the purpose of providing and equipping permanent facilities in Madison county, Alabama for displaying certain exhibits in cooperation with the United States Department of the Army and the National Aeronautics and Space Administration, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding one million nine hundred thousand dollars ($1,900,000) in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the purpose of paying the expenses incurred in the sale and issuance thereof and for the construction, alteration, improvement, enlargement and equipment of exhibition buildings and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters, but not including the purchase of sites therefor. Such buildings and facilities shall be constructed by a space science exhibit commission, or such other state agency as may be created by act of the legislature, and shall be operated by or in cooperation with the Department of the Army and the National Aeronautics and Space Administration under such arrangements as may be authorized by law.

The Alabama Space Science Exhibit Commission or any instrumentality of the state created and established for the purpose of providing for such facility, its management or control, is hereby vested with the authority to provide for the sale and terms of the bonds and the issuance thereof, subject to the approval of the governor. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said commission at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said commission in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such an amount as shall be specified in the resolution or resolutions of the said commission under which they are issued, the first of which installments shall mature not later than two years after the date of the bonds of such series and the last of which installments shall mature not later than twenty-one years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said commission that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said commission, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said commission is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the chairman of the commission and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The proceeds from the sale of bonds hereby authorized, after the payment of all expenses of the sale thereof shall be set apart in a special fund in the state treasury to be designated The Alabama Space Science Exhibit Commission Fund; and such proceeds shall be used solely for the purposes, hereinabove enumerated, for which the bonds are authorized to be issued.

The provisions of this amendment shall be self-executing and no further authorization from the legislature shall be a prerequisite to the validity of any bonds issued hereunder. However, the legislature may enact appropriate legislation implementing its provisions.[1]

Amendment 225

Deduction of Federal Income Tax From Gross Income When Computing State Income Tax.

In computing net income for state income tax purposes for the calendar year 1965 and each year thereafter, a resident individual taxpayer shall be allowed to deduct from his gross income the amount of federal income tax paid or accrued within the taxable year. A nonresident individual income taxpayer shall be allowed to deduct only that amount of federal income tax paid or accrued in the taxable year on income received from sources within the state.[1]

Amendment 226

Designation of Circuit Solicitor as District Attorney.

The solicitor or prosecuting officer who prosecutes criminal cases for the state in each judicial circuit of Alabama as provided for in article 6, section 167 of this Constitution shall hereafter be designated and known as the district attorney. Wherever the words circuit solicitor or words of like import are used in any law of this state they shall be taken to mean the district attorney, unless the context in which such words are used requires a different meaning.[1]

Amendment 227

Development of Irrigation Districts.

The legislature may by general, special or local laws authorize the formation of a body corporate for the development of one or more irrigation districts for the purposes of providing irrigation and water conservation in the state of Alabama, and may authorize the counties and municipalities lying within the boundaries of such district or districts to contribute public funds to such body corporate, and may authorize such body corporate to enter into contract with the government of the United States or any agency thereof, and with other states or political subdivisions thereof, and with other bodies corporate organized within this or other states for the development of one or more irrigation districts in the state of Alabama, and may authorize such body corporate to issue revenue bonds payable solely out of revenues accruing to such body corporate, and may authorize such body corporate to do and perform all other such acts necessary and proper for the full development of said Alabama irrigation district or districts provided, however, nothing herein shall authorize any such public corporation to engage in or finance, directly or indirectly, the production, transmission or sale of electric power.[1]

Amendment 228

Bonds for Enlargement, etc., of Municipally-Owned Manufacturing, Industrial or Commercial Projects.

Revenue bonds at any time issued by a municipality (a) for the purpose of enlarging, improving or expanding any manufacturing, industrial or commercial project then owned by such municipality and acquired by it pursuant to the provisions of Act No. 756 enacted at the 1951 regular session of the legislature of Alabama as heretofore amended, or (b) for the combined purpose of so enlarging, improving or expanding any such project and of refunding any revenue bonds theretofore issued by it under said Act 756, shall not be deemed to constitute bonds or indebtedness of such municipality within the meaning of sections 222 and 225 of this Constitution if by their terms such bonds are not made a charge on the general credit or tax revenues of the issuing municipality and are made payable solely out of revenues to be derived by such municipality from the leasing of such project as so enlarged, improved or expanded. Each municipality in the state is hereby authorized so to issue such revenue bonds, for either or both such purposes, at any time and from time to time and on the same terms and conditions, with the necessary changes in details, as prescribed in said Act No. 756 for the issuance of revenue bonds for the purpose of acquiring such a project, anything in the Constitution of this state or in said Act No. 756 to the contrary notwithstanding.[1]

Section 229

Costs and Charges of Courts, and Compensation of Certain Officers, in Baldwin County.

1. The legislature may, by general or local laws, fix, alter, and regulate the costs and charges of court and the fees, commissions, percentages, allowances, and salaries, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, circuit clerk, register of the circuit court, tax assessor, tax collector, or any other officer of Baldwin county, and may place any of such officers on a salary and provide that the fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries shall be paid. The compensation of such officers shall not be increased or diminished during their terms.

2. This article of amendment shall not become operative unless the same is approved by a majority of the qualified electors of Baldwin county who vote thereon upon its submission.[1]

Amendment 230

Special District Tax for Public Hospital Purposes in Baldwin County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the governing body of Baldwin county shall levy and cause to be collected annually a special district tax, not exceeding 50 cents on each 100 dollars assessed valuation of taxable property in election precincts numbered one through seven of Baldwin county, Alabama, to be used exclusively for public hospital purposes (as the term "public hospital purposes" is defined in amendment LXXVI [76] to the Constitution proposed by Acts of 1949, page 897, submitted December 13, 1949, and proclaimed ratified December 21, 1949) within said election precincts numbered one through seven; provided that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in election precincts numbered one through seven of Baldwin county and voted for by a majority of such electors voting at such election. The governing body of Baldwin county may call an election at any time, and it shall be the duty of such governing body to call an election to be held within ninety days after receipt by it of a petition signed by not less than 5% of the qualified electors of said election precincts numbered one through seven, requesting that such election be called. The governing body may call such election to be held at the same time that this amendment is submitted to the electors of the state for ratification and such election shall be effective to require the levy and collection of such tax in the event that this amendment shall be ratified. The notice of such election, ballots to be used at such election and procedures for holding and determining the results of such election shall be prescribed by the governing body of Baldwin county. No election shall be held hereunder within one year from the date of the last election so held.

Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Baldwin county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.

The governing body of Baldwin county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said election precincts numbered one through seven any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.

No securities issued or contracts made by Baldwin county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Baldwin county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.

As used in this article, the term "election precincts" means the election precincts or beats of the county as they existed on July 27, 1965.[1]

Amendment 231

Compensation of Certain Officers of Bullock County.

The legislature may by general or local laws, fix, alter, and regulate the fees, commissions, percentages, allowances, and compensation, and the method or basis of fixing the compensation to be charged or received by the tax assessor and the tax collector of Bullock county, and may put such officers on a salary basis and provide that the fees, commissions, percentages, and allowances payable to such officers according to law shall be paid into the county treasury.[1]

Amendment 232

Special School Tax in City of Anniston.

(A) In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the school tax district of the city of Anniston in Calhoun county, to be used solely for public school purposes, such tax to be levied and collected for a period of thirty years commencing with the tax year beginning October 1, 1977, with the first year's tax being payable October 1, 1978; provided such tax and the time it is to continue shall have been first submitted to the vote of the qualified electors of the school district in which such tax is to be collected, and voted for by a majority of those voting at such election; otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this amendment becomes effective, to be held in the school tax district of the city of Anniston in Calhoun county, at which election the qualified voters in said school tax district may vote as to whether said special school tax herein levied shall be effective; and if the majority of those voting at said election vote in favor of said special school tax, such school tax shall, commencing with the tax year beginning October 1, 1977, be levied and collected as other property taxes in said school district are levied and collected for a period of thirty years. If the proceeds of the tax are pledged to the payment of the principal and interest of the bonds hereinafter provided for, the tax collector of Calhoun county shall, upon collection thereof, pay such proceeds to the city of Anniston, and if the proceeds of the tax are not so pledged, he shall pay such proceeds to the board of education of the city of Anniston. This section shall be self-executing.

(B) After said tax has been voted, and without further authorization, and notwithstanding that any such request may be made prior to October 1, 1977, the city of Anniston shall, as and when requested by the board of education of Anniston, issue and sell interest bearing bonds, with principal and interest to be paid from the proceeds to be derived from said special school tax, for the sole purpose of construction and improvement of school buildings within such school tax district, and acquiring sites therefor. The net proceeds of the sale of such bonds shall be immediately paid to the board of education of the city of Anniston. The proceeds to be derived from said special school tax may be pledged by the city of Anniston for the payment of said bonds and the interest thereon, but said bonds shall not be a general obligation of the city of Anniston or of Calhoun county, and shall not be charged to the constitutional debt limit of the city of Anniston or of Calhoun county.

(C) Except as herein otherwise provided the election hereinabove provided for shall be called, held and conducted as provided for by law for the calling, holding and conducting of district school tax elections; provided, however, that the governing body of the city of Anniston shall call said election, it shall give at least thirty days' notice thereof by publication in some newspaper published in the city of Anniston and by written notices posted in three public places within the city for at least thirty days prior to said election, it shall appoint and designate the officers, managers, clerks and returning officers to conduct said election, it shall furnish the supplies and facilities necessary for the holding of said election, it shall pay out of the city treasury the expenses incident to the holding of said election, it shall designate the polling places to be used in said election, and it shall canvass, tabulate and declare the result of said election.[1]

Amendment 233

Legislation as to Costs and Charges of Courts in Dallas County.

The legislature may from time to time, by general, special or local laws, fix, regulate, and alter the costs and charges of courts in Dallas county, and the method of disbursement thereof.[1]

Amendment 234

Special School Tax for City of Fort Payne.

(A) In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of one dollar on each one hundred dollars worth of taxable property in the school tax district of the city of Fort Payne in DeKalb county to be used solely for public school purposes; provided such tax and the time it is to continue shall have been first submitted to the vote of the qualified electors of the said school tax district in which such tax is to be collected and voted for by a majority of those voting at such election; otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this amendment becomes effective in the school tax district of the city of Fort Payne, in DeKalb county, at which election the qualified voters in the said school tax district of DeKalb county may vote as to whether said special school tax herein levied shall be effective; and if the majority of those voting at said election vote in favor of said special school tax, such school tax shall immediately be levied and collected annually thereafter on the first day of October by the tax collector of DeKalb county and paid to the city of Fort Payne. The proceeds of the tax are hereby solely for public school purposes. This section shall be self-executing.

(B) Except as herein otherwise provided the election hereinabove provided for shall be called, held and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing body of the city of Fort Payne shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate, and declare the result of the election provided for in the city of Fort Payne. The election shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama.[1]

Amendment 235

Trial Tax or Charge on Litigation in Etowah County.

The legislature may by general or local law provide that a trial tax or charge on litigation of not more than ... dollars ($...) shall be taxed as costs in any case, action, or proceeding hereafter filed in the circuit court of Etowah county, whether at law or in equity, and that a like tax or charge of not more than ... dollars ($...) shall be taxed as cost in any case hereafter filed in the Etowah county court, the proceeds of such tax or charge shall be used for establishing, equipping, maintaining and operating the public law library in Etowah county established pursuant to Act No. 191, H. 596, which became effective August 1, 1955 (Acts of Alabama 1955, page 485), including the payment of the salaries of the personnel needed to operate such library.[1]

Amendment 236

Compensation of Certain Officers of Greene County.

1. In Greene county the sheriff and the clerk and register of the circuit court shall be compensated on a salary basis. The sheriff shall be entitled to receive an annual salary of seven thousand five hundred dollars, payable in equal monthly installments from the general fund of the county; the clerk and register of the circuit court shall be entitled to receive an annual salary of five thousand dollars, payable in equal monthly installments from the county treasury, and a clerk-hire allowance of one thousand dollars a year, payable from the county treasury in equal monthly installments. The salaries of these officers shall be their entire compensation for the performance of the duties of their respective offices and shall be in lieu of all costs and charges of courts, commissions, fees, percentages, and allowances collected by them, which shall be paid into the general fund of the county. However, the court of county commissioners, board of revenue, or other like governing body of Greene county shall provide the sheriff such deputies, clerks, and assistants as may be necessary for the performance of the duties of his office, and pay their compensation from the county treasury.

2. This article of amendment shall be inoperative and of no effect unless it shall have been approved by a majority of the qualified electors of Greene county who voted thereon upon its submission. If the amendment be so approved, the provisions hereof shall be effective from the first of the month next following the date of the election.[1]

Amendments

  • Amended by: Amendment 433, Alabama Constitution

Amendment 237

Bonds for Courthouse and Jail in Henry County.

Henry county is hereby authorized to incur indebtedness to the extent of not exceeding $700,000 in aggregate principal amount, and to issue its bonds in evidence of the indebtedness so incurred, for the combined purpose of constructing and equipping a new courthouse and a new jail in said county. Said bonds may be issued only after the question of the issuance thereof shall have been submitted to the qualified electors of said county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of said bonds, which election shall be called, held, conducted, canvassed and may be contested in the manner provided by the then existing laws of Alabama with respect to elections on the issuance of bonds by counties; provided however, that if a majority of the qualified electors of said county participating in the election on the adoption of this amendment shall vote for the adoption thereof then the approval of this amendment expressed by the vote in said county in favor of its adoption shall of itself authorize the issuance of the bonds, and in that event no additional election by the electors of said county shall be required to authorize the issuance of said bonds. In the event the majority vote in said county on the adoption of this amendment is against the adoption hereof, or in the event the majority vote at any election held in said county pursuant to the provisions of this amendment after its adoption is not in favor of the issuance of the bonds proposed at such election, the governing body of said county may from time to time call other elections hereunder on the issuance of said bonds, but not more than one such election shall be held during any period of twelve consecutive months. The power to become indebted and to issue bonds in evidence of such indebtedness shall be in addition to all other powers which the said county may have under the Constitution and laws of Alabama, and any bonds issued pursuant to this amendment shall not be chargeable against the amount of indebtedness which said county may incur under the Constitution and laws in effect prior to the adoption of this amendment.

All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit. The governing body of said county may further, if it deems such action desirable, pledge for payment of the principal of and the interest on said bonds any tax which said county may be authorized to levy under any provision of the Constitution. All bonds, issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties.[1]

Amendment 238

Bonds for Civic Centers in Certain Counties.

Any corporation heretofore or hereafter created in any county of the state having a population of 500,000 according to the last or any subsequent federal census, for the purpose of establishing, maintaining and operating a civic center in the municipality in which the county seat of such county is situated, shall be authorized, without the necessity of any election, to issue bonds, warrants or other evidence of indebtedness, and to pledge for the payment of the principal and interest due thereon the revenue received, or to be received, by such corporation, and also to pledge for such payment the proceeds derived, or to be derived, from any taxes made payable by the act, or acts, levying such taxes to the said public corporation, any provision of the Constitution of Alabama to the contrary notwithstanding. No securities issued by such corporation shall be considered indebtedness of such county or any municipality therein within the meaning of sections 224 and 225 of the Constitution of Alabama. The rent or rentals that the county or the said municipality may be obligated to pay under the terms of any lease between the said corporation and the said county or the said municipality shall not be considered in determining whether the county or the municipality has exceeded the debt limitation prescribed for the county or the municipality, as the case may be, by any provision of the Constitution of Alabama.[1]

Amendments

  • Amended by: Amendment 280, Alabama Constitution

Amendment 239

Fire Protection or Garbage and Trash Disposal Districts in Jefferson County.

The legislature may provide for the formation of districts in Jefferson county, Alabama, for establishing and maintaining a system for fighting or preventing fires or for the collection and disposal of garbage and trash; provided, however, that no territory lying within the limits of a municipal corporation at the time of the establishment of any such district shall be included within such district; and, provided further, that no such district shall be established unless the establishment thereof has been first approved by the qualified electors residing within the proposed district at an election held as provided for by a law or laws adopted by the legislature. A district may be established for either or both of the aforesaid purposes. The legislature may provide for submitting to the qualified electors residing within the proposed district the question of whether the district shall be created to establish and maintain a firefighting and fire prevention system, or the question of whether the district shall be created to establish and maintain a garbage collection and garbage disposal system; and to provide that the two questions may be submitted separately at the same election.

The expenses of establishing and maintaining any such firefighting and fire prevention system or any such garbage collection and disposal system in a district, as the case may be, shall be paid for exclusively by the proceeds of a service charge, which shall be levied and collected in an amount sufficient to pay the said expenses.

No service charge shall be levied unless the same has been first approved at an election by the qualified electors residing within the district, or in the proposed district if the question of the levy of the service charge is submitted simultaneously with the question of whether the district shall be created.

Said service charges shall be levied upon and collected from the persons and property to whom and to which such services are available; and the service charge shall be a lien upon any such property.

The legislature may provide for the enlargement of a district by the addition of territory thereto, subject to the following conditions: (1) No territory lying within a municipal corporation at the time the additional territory is brought within the district shall be included; (2) no territory shall be added unless the qualified electors of the territory to be added have approved the inclusion of said territory within the district at an election held for that purpose within the territory proposed to be added; (3) no territory shall be added unless the majority of the electors residing within the territory proposed to be added have first approved at an election held within such territory every service charge in effect within the district at the time the said addition is proposed.

The legislature shall have the authority to adopt laws providing for the administration of the affairs of the district by the governing body of the county or by an agency of the county.

The legislature may provide for the issuance of bonds for such districts with or without an election; provided, however, that all bonds issued hereunder shall be payable only out of the proceeds of the service charge authorized hereby, and no such bond shall be a general obligation of the county.[1]

Amendments

  • Amended by: Amendments 314 and 369, Alabama Constitution

Amendment 240

Special Ad Valorem Tax for Paying Principal and Interest on Bonds of City of Birmingham.

Section 1. In addition to all other taxes now or hereafter authorized by law, the governing body of the city of Birmingham shall have the power and authority to levy and collect each year a special ad valorem tax of fifty cents (50¢) on each one hundred ($100) dollars worth of taxable property in the city of Birmingham, based on the valuation of such property as assessed for state taxation for the tax year ending on the 30th day of September next succeeding the levy, to be used by the city of Birmingham solely for paying principal and interest on general obligation bonds of the city of Birmingham heretofore or hereafter issued under authority of law; provided that the authority to levy such tax in accordance with this amendment to the Constitution shall first have been approved by the qualified electors of the city of Birmingham, prior to the first annual levy thereof, as hereinafter provided.

Section 2. In the event this amendment is approved and a majority of the qualified electors of the city of Birmingham who vote thereon vote in favor of the adoption of this amendment when it is submitted, the governing body of the city of Birmingham shall have the power and authority to levy and collect thereafter each year the special ad valorem tax provided for in section 1 hereof. In the event this amendment is approved and a majority of the qualified electors of the city of Birmingham who vote thereon vote against its approval, the authority to levy and collect said tax shall not be given unless the rate of the tax and the purpose thereof shall have been again submitted to a vote of the qualified electors of the city of Birmingham and voted for by a majority of those voting at the election prior to the first annual levy of such tax. Each such election shall be ordered, held, canvassed and may be contested in the same manner as is or may be provided by the law applicable to the city of Birmingham for elections to authorize the issuance of municipal bonds. The ballots used at such election shall contain the words "For Special Ad Valorem Tax of fifty cents per One Hundred Dollars of Taxable Property" and "Against Special Ad Valorem Tax of fifty cents per One Hundred Dollars of Taxable Property." The voter shall record his choice, whether for or against the special ad valorem tax by placing a cross mark before or after the words expressing his choice. Voting machines shall be used in any such election to the extent required by law. In the event the authority to levy the special ad valorem tax is defeated, subsequent elections for the approval of such tax may nevertheless be held again but no election shall be held within one year of any previous such election. Once the authority to levy such tax has been approved no further election shall be required thereon.[1]

Amendment 241

Compensation of Certain Officers of Lauderdale County.

The legislature may from time to time, by general or local laws applicable to or operative in Lauderdale county, fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, and clerk and register of the circuit court of Lauderdale county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid.[1]

Amendment 242

Special Property Tax for Recreational Purposes in City of Auburn.

The city of Auburn may levy and collect annually an additional tax of one-fifth of one per centum upon the value of the property therein as assessed for state taxation, the proceeds of which shall be applied exclusively for public recreational projects, provided the rate of the tax, the time it is to continue, which shall not exceed twenty-five years, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at such election. The taxes authorized in this article shall be in addition to the taxes heretofore or hereafter authorized by this Constitution and the laws of this state. The council or commission of the city may on its own motion, and shall upon written petition of not less than five per centum of the qualified electors of the city, call and provide for holding elections under this article.[1]

Amendment 243

Development of Elk River Watershed Area in Lauderdale and Limestone Counties.

Any provision of sections 93 or 104 of the Constitution to the contrary notwithstanding and either with or without compliance with section 106 of the Constitution, the legislature shall have full power and authority to enact laws to provide for the formation of a public body corporate which shall be an instrumentality of the state for purposes of development, management, and control of the Alabama portion of the Elk river watershed area, in Lauderdale and Limestone counties, and any such legislation which may have been enacted by the 1965 legislature authorizing the formation of such public bodies corporate is hereby ratified, confirmed, and given full effect in all respects.[1]

Amendment 244

Economic Development of Town of Lester.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the town of Lester in Limestone county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the town of Lester, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipality, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipality for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the town of Lester may impose, by approving and filing a certificate to that effect in the office of the judge of probate of Limestone county or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipalities.

10. The town of Lester shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the municipality. The governing body of the municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper having general circulation in Limestone county.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 245

Amendment of Amendment No. 191.

For the promotion of local industrial, commercial or agricultural development, Madison county and the city of Huntsville shall each have full and continuing power (a) to purchase, construct, lease and otherwise acquire industrial, commercial and agricultural projects, including real and personal property, plants, buildings, factories, works, facilities, machinery and equipment of any kind whatsoever, (b) to lease, sell, exchange or otherwise convey all or any part of any such project to any person, firm or corporation, and (c) after an approving election if required as hereinafter provided, to sell and issue for such purposes interest-bearing general obligation bonds. Neither the county nor the city shall issue any bonds under the authority of this amendment, other than bonds issued to finance the acqusition [acquisition] of industrial sites, unless the question of the issuance of such bonds has first been submitted to the qualified electors of the county or the city, as the case may be, and approved at such election by a majority of the qualified electors voting thereat. Each such election shall be called, held and conducted, and may be contested, in the manner provided by law for county or municipal bond elections, as the case may be. Bonds issued under the authority of this amendment shall not be considered indebtedness of the county or the city, as the case may be, within the meaning of sections 224 and 225 of the Constitution of Alabama, but neither the county nor the city shall at any time issue any bonds under the authority of this amendment if as a result thereof it will have outstanding an aggregate principal amount of bonds issued hereunder in excess of twenty percent of the assessed value of the property in the county or the city, as the case may be. Neither shall the county or the city issue any bonds under the authority of this amendment, except bonds issued to finance the acquisition of industrial sites, unless prior thereto or contemporaneously therewith the county or the city, as the case may be, has entered into a lease or other similar agreement, with respect to the project being financed by such bonds, providing for the payment to the county or the city, as the case may be, of net rentals sufficient to pay the principal of and the interest on such bonds at the respective maturities of such principal and interest, and any bonds issued hereunder shall be secured by a pledge of such rentals and may be secured by a foreclosable mortgage on such project and by a pledge of any other taxes and revenues which the county or the city, as the case may be, is authorized by law to pledge to the payment of its bonded indebtedness. All bonds issued under the authority of this amendment shall be sold at public sale in the manner required by law for the sale of county or municipal bonds, as the case may be, and shall mature and be payable in annual or semi-annual installments in such amounts and at such times as to result in the aggregate amount of principal and interest maturing thereon in each year following the year of their issuance being substantially equal, but shall not be subject to any other provisions of law relating to maturities of county or municipal bonds. In the event that any such action is necessary to prevent or cure a default in payment of the principal of or the interest on any bonds issued under the authority of this amendment, the county or the city, as the case may be, is authorized to levy and collect ad valorem taxes, without limitation as to rate or amount, on the assessed value of all taxable property in the county or the city, as the case may be, but only so long as and only to such extent as necessary to prevent or cure any such default.

In carrying out the purposes of this amendment, neither Madison county nor the city of Huntsville shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the city are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the city are authorized to levy and collect. This amendment shall be self-executing, but, notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.[1]

Amendment 246

Refunding of Securities by Certain Municipalities in Marion County.

Any provision of the Constitution or the laws of the state of Alabama to the contrary notwithstanding, any municipality in Marion county, Alabama, that has heretofore issued, or that may hereafter issue, interest-bearing bonds, warrants, notes or other securities pursuant to the provisions of that certain amendment to the Constitution of Alabama that was proposed by Act No. 1 [amendment No. 84] enacted at the 1950 second special session of the legislature of Alabama (herein called "the 1950 amendment"), shall have full and continuing power and authority to do any one or more of the following:

(1) To refund, or provide for the refunding of, any bonds, warrants, notes or other securities issued by it pursuant to the provisions of the 1950 amendment or pursuant to the provisions hereof (whether before, at or after the maturity of the securities being so refunded and whether or not all or any part of such securities are then subject to redemption) by the sale and issuance of refunding bonds, warrants, notes or other securities in a principal amount not in excess of the principal amount of securities being refunded plus any premium necessary to redeem or retire the securities being refunded and any interest accrued on, or to accrue to the date of payment or redemption of, such securities;

(2) In the event any of the securities being so refunded cannot, by their terms, be redeemed or otherwise retired simultaneously with the issuance of the refunding securities, to invest, until the earliest date on which such redemption or retirement can be effected, such portion of the principal proceeds from the sale of such refunding securities as may not then be used for redemption or retirement of the refunded securities, in any investments in which municipal sinking funds are authorized to be invested by the provisions of section 265 of Title 37 of the Code of Alabama of 1940, as it exists at the time of the adoption of this amendment;

(3) To issue bonds, warrants, notes or other securities for the combined purpose of so refunding any such securities and of acquiring, constructing, extending or improving any one or more industrial or manufacturing plants or properties within the corporate limits or the police jurisdiction of such municipality, in which case the provisions of the preceding subdivisions (1) and (2) of this amendment shall apply to those of such bonds, warrants, notes or other securities that are being issued for refunding purposes;

(4) To pledge for payment of any securities issued by it pursuant to the provisions hereof not only any taxes and revenues authorized to be pledged for securities authorized to be issued pursuant to the provisions of the 1950 amendment, but also any other taxes or revenues that such municipality is authorized by law to pledge for payment of its general obligation bonds;

(5) To mortgage, as security for payment of any securities issued by it hereunder, (a) any industrial or manufacturing plants and properties acquired, constructed, extended or improved, in whole or in part, out of the proceeds from the sale of any securities being refunded, in whole or in part, by such securities, and (b) any industrial or manufacturing plants and properties to be acquired, constructed, extended or improved, in whole or in part, out of the proceeds from the sale of such securities; and to pledge for payment of any such securities the revenues and receipts to be derived from the leasing or sale of any such plants and properties; and

(6) In connection with the issuance of any securities by it hereunder, to reserve the right to issue additional such securities hereunder, on a parity with the securities then being issued, on such terms and conditions as shall be specified in the proceedings of its governing body or other documents under which such securities are being issued.

Any securities issued by a municipality pursuant to the provisions of this amendment may be issued on the full faith and credit of such municipality or may be limited as to the source of their payment, all as the governing body of such municipality may determine. Any securities so issued, in whole or in part, for refunding purposes hereunder may be in the form of bonds, warrants, notes or other securities, irrespective of whether the securities being refunded thereby consist of bonds, warrants, notes or other securities or any combination thereof, and may be limited as to the source of their payment, as aforesaid, even though the securities being refunded thereby were issued on the full faith and credit of such municipality. Any securities issued by a municipality pursuant to the provisions hereof that are payable, as to both principal and interest, solely out of revenues and receipts to be derived from the leasing or sale of one or more industrial or manufacturing plants or properties owned by it shall not be considered indebtedness of such municipality for the purpose of determining its borrowing capacity under section 225 of the Constitution or under the 1950 amendment. No municipality in Marion county, Alabama, shall issue any securities pursuant to the provisions of the 1950 amendment or of this amendment, other than securities that are payable (as to both principal and interest) solely out of revenues to be derived from the leasing or sale of one or more industrial or manufacturing plants or properties owned by it, unless the principal amount of such securities, when added to the aggregate of the principal amount of any other securities of such municipality then outstanding hereunder or the 1950 amendment, does not exceed fifty percent of the assessed value of the taxable property therein, as determined for state taxation; provided however, that securities for the payment of the principal of and the interest on which an irrevocable trust fund consisting of cash or securities that are direct general obligations of the United States of America, or both, has been established shall not, for the purposes of this amendment or the 1950 amendment, be considered as outstanding to the extent that the retirement thereof shall be provided by said fund (including the cash therein and all sums due to be paid by the United States of America under the terms of any such United States securities that form a part of said trust fund).

No municipality shall exercise any power and authority hereunder unless the question of whether such municipality shall have the full and continuing power to exercise all the powers and authority referred to herein shall have first been submitted to a vote of the qualified electors of said municipality at an election to be called for that purpose by the governing body of said municipality and the full and continuing exercise of said powers and authority shall have been authorized by a majority of said qualified electors voting at said election. Each election provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of municipal bond elections; provided however, that if a majority of the qualified electors in any municipality in Marion county participating in the election on the adoption of this amendment shall vote for the adoption hereof, then the approval of this amendment expressed by the vote in said municipality in favor of its adoption shall of itself authorize the full and continuing exercise by such municipality of all the powers and authorities granted hereunder and in that event no additional election by the electors of said municipality shall be required to authorize the exercise of such powers.[1]

Amendment 247

Development of Bear Creek Watershed Area.

The legislature may by general, special, private or local laws authorize the formation in any manner of a public corporation for the development of Bear Creek, its tributaries and watershed, for the purposes of navigation, water conservation and supply, flood control, irrigation, industrial development, public recreation, and related purposes, and may authorize the counties of Marion, Colbert, Franklin and Winston and all municipalities lying within Marion, Colbert, Franklin and Winston counties to donate or contribute public funds to such public corporation and may authorize such public corporation to enter into contracts with the United States of America or any agency thereof, and with the several states or political subdivisions thereof, and with other public or private corporations organized within any of the several states, for the development of the Bear Creek watershed, and may authorize such public corporation to acquire by purchase, construction, lease, gift, condemnation, or otherwise property of any kind, real, personal or mixed, to mortgage or sell its property and to issue revenue bonds and other revenue securities payable solely out of revenues accruing to such public corporation, and may exempt such public corporation from all taxation in the state of Alabama, and may grant such public corporation all other powers and privileges which may be necessary and proper for the full development of said Bear Creek watershed. The provisions of sections 106, 222 and 225 of the Constitution of Alabama shall not apply to any public corporation which may be organized pursuant to enabling legislation herein authorized or to any revenue bonds and other revenue securities at any time issued by such public corporation. Such public corporation shall be deemed a political subdivision of the state of Alabama. Nothing herein shall authorize any such public corporation to engage in or finance, directly or indirectly the production, transmission, or sale of electric power. The area comprising the Bear Creek watershed shall include such land defined in enabling legislation herein authorized as shall lie within the counties of Marion, Colbert, Franklin and Winston.[1]

Amendment 248

Amendment of Amendment No. 195.

A. The terms "three mills" be, and the same hereby are, changed to read "six mills" wherever the same appears in paragraphs B and C of amendment CXCV [195] to the Constitution of Alabama.

B. The parenthetical phrase "(after deduction of costs of assessment and collection thereof pursuant to any statutory provisions at the time applicable)" appearing in paragraph D of amendment CXCV [195] to the Constitution of Alabama be, and the same hereby is, deleted therefrom.

C. Paragraph E of amendment CXCV [195] to the Constitution of Alabama be, and the same hereby is, amended to read as follows: "The rate of ad valorem taxation for general municipal purposes that is at the time otherwise permitted by the Constitution to each particular municipal corporation in Mobile county shall be reduced for the tax year of the municipality next succeeding any tax year of Mobile county for which the special tax shall have been levied at a rate exceeding one and one-half mills on each dollar of taxable property in the county, any such reduction to be by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one and one-half mills on each dollar of such taxable property or by one and one-half mills on each dollar of taxable property in the county, whichever shall be the lesser reduction."

D. If a majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment shall vote in favor thereof, then the approval of this amendment expressed by said vote shall of itself authorize the special tax and in that event no additional election by the voters of Mobile county shall be required to authorize the levy of the special tax.[1]

Amendment 249

Costs and Charges of Courts, and Compensation of County Officers, in Shelby County.

The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of court in Shelby county and the fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, clerk of the circuit court, register in chancery, and any other officer of Shelby county, including the right to place any of such officers on a salary, provide for the operation of their respective offices on such basis, and provide that any and all fees, commissions, percentages, or allowances charged or collected by them, including all fees, allowances, commissions, and percentages of the tax assessor and tax collector for assessing and collecting municipal taxes, shall be paid into the county treasury; provided, that no law shall be effective to change the method of compensating any officer, nor to diminish his compensation, during the term for which he shall have been elected or appointed, and no law changing the method of compensating county officers shall be effective unless it shall have been approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose.[1]

Amendment 250

Economic Development of Sumter County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Sumter county acting through the county governing body shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidence of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Sumter county, or may be limited as to the source of their payment.

The recital in any bonds, warrants, notes or other obligations or evidence of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidence of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidence of indebtedness issued hereunder shall not be considered an indebtedness of Sumter county for the purpose of determining the borrowing capacity of the county under section 224 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 215 of the Constitution and all amendments thereto.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county taxes are levied and collected. Such tax may be upon all property in the county, or upon all property in any district the boundaries of which the governing body of such county shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidence of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidence of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body subject to such limitations as the governing body of Sumter county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.

Sumter county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose. The governing body of the county may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published once a week for three successive weeks before the election.

This amendment shall be self-executing; but the legislature may enact general, special or local laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 251

Economic Development of Municipality of Livingston.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipality of Livingston in Sumter county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality of Livingston, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipality of Livingston in Sumter county, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the municipality of Livingston in Sumter county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipality of Livingston in Sumter county for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipality of Livingston in Sumter county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the municipality. The governing body of the municipality may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 252

Special School Tax in School District No. 1 of Talladega County.

1. The governing body of Talladega county shall have power to levy and collect annually a special school district tax not exceeding thirty cents on each one hundred dollars worth of taxable property in school district number one, Talladega county, as assessed for state taxation, for public school purposes, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the district and voted for by a majority of those voting at such election. Such tax shall be in addition to all other taxes provided for by law. The funds arising from such special district tax levied and collected by the county shall be expended for the exclusive benefit of the district. Elections under this amendment shall be called, held, and conducted in the same way that elections are called, held, and conducted in relation to the levying of special school district taxes under the third amendment to the Constitution.

2. If a majority of the qualified electors of school district number one, Talladega county, who participate in the election on the adoption of this article of amendment vote in favor of such adoption, then the approval of the amendment as expressed by such vote shall of itself authorize the levying of the special tax provided for herein at the maximum rate specified for a period not exceeding twenty years.[1]

Amendment 253

Special Property Tax for Educational Purposes in City of Jasper.

1. The council or commissioners or other like governing body of the city of Jasper may levy and collect a special tax at a rate not exceeding one-half of one percent on the value of the taxable property within the city, the proceeds of which tax shall be used exclusively for educational purposes, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the city of Jasper and voted for by a majority of those voting at such election.

2. Elections may be called, held and conducted under this amendment in accordance with general laws providing for and regulating elections on district school taxes as authorized by the third amendment to this Constitution.[1]

Amendment 254

Additional Taxes for Hospital Purposes in Winston County.

In addition to all other taxes now or hereafter authorized by law, the court of county commissioners, board of revenue, or like governing body of Winston county shall have the power to levy and collect, for a period not exceeding twenty years, a special ad valorem tax on property situated within said county, at a rate of five mills on each dollar of property as assessed for state taxation for the preceding year, the proceeds of said tax to be used solely for acquiring, by purchase, lease, or otherwise, constructing, operating, equipping, or maintaining county hospitals or other public hospitals, nonprofit hospitals, and public health facilities. Provided, the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first approved by a majority of the qualified electors of Winston county voting at a referendum to be held for that purpose. The referendum shall be held on the same day as the first countywide primary, general, or special election held in the county after the ratification of this amendment. The board of revenue, court of county commissioners or like governing body of the county shall order and provide for holding the referendum on such date.[1]

Amendment 255

Legislation as to Winston County.

The legislature shall not pass a special or local law affecting Winston county or any city, town, village, district, or other such political subdivision of the county, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county, city, town, village, district, or other political subdivision of the county, at an election held for such purpose, in the manner prescribed by such law.[1]

Amendment 256

Economic Development of Municipalities of Addison and Lynn.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipalities of Addison and Lynn in Winston county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipalities of Addison and Lynn, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipalities of Addison and Lynn, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing bodies of the municipalities of Addison or Lynn may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipalities.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipalities of Addison and Lynn for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipalities of Addison and Lynn shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the respective municipality. The governing body of each of the two municipalities may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 257

Water Management Districts.

Section 1. The legislature may provide for the formation of water management districts for the establishment of works of improvement for the drainage of wet, swamp, and overflowed lands of the state, and for flood prevention or the conservation, development, utilization, and disposal of water within the state; confer the right of eminent domain for such purposes, provide for the taxing of the whole or part of the cost of such improvements against the lands and property in such district to the extent of the increased value thereof by reason of special benefits derived from such improvements; and provide for the issuance of bonds for such districts with or without an election; provided, however, that nothing herein shall authorize any such water management districts to engage in or finance, directly or indirectly, the production, transmission or sale of electric power.

Section 2. The provisions of this amendment are cumulative and shall not be construed to repeal amendment XV [15] or amendment XXII [22].[1]

Amendment 258

Legislation as to Jurisdiction of Inferior Courts Established in Lieu of Justices of the Peace in Jefferson County.

The legislature of Alabama may by general or local laws fix, regulate, and change the jurisdiction of any or all inferior courts established in lieu of justices of the peace in Jefferson county, in all civil cases so long as the amount in controversy does not exceed five hundred dollars, except in cases of libel, slander, assault and battery, and ejectment. All acts of the legislature of Alabama, whether general or local providing for such courts or for such enlargement of jurisdiction prior to the adoption of this amendment, and all judgments of such courts rendered pursuant to such acts, are hereby ratified, validated and confirmed.[1]

Amendment 259

Promotion of Industrial, Commercial and Agricultural Development in City of Evergreen.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the city of Evergreen in Conecuh county shall have full and continuing power and authority, subject to the election hereinafter provided for, to promote local industrial, commercial or agricultural development and the location of new industries or businesses in the city or anywhere inside the county within fifteen miles of said city, whenever such action shall be deemed by the governing body of said city to be in furtherance of such purposes; also full and continuing power and authority to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subparagraph 1 above, to any person, firm, association or corporation, which shall locate or agree to locate a new industry or business in the city or anywhere inside the county within fifteen miles of said city.

3. To become a stockholder in any corporation which shall locate or agree to locate a new industry or business in the city or anywhere inside the county within fifteen miles of said city.

4. To lend its credit or grant public monies and things of value in aid of, or to, any individual, firm, association, or corporation, which shall locate or agree to locate a new industry or business in the city or anywhere inside the county within fifteen miles of said city.

5. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes, evidences of indebtedness, or other obligations (all of which are hereinafter referred to as "obligations"), to a principal amount not exceeding 50% of the assessed valuation of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subparagraph 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations may (in addition to any pledge or pledges authorized by subparagraph 7 of this amendment) be issued upon the full faith and credit of said city or may be limited as to the source of their payment.

6. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes not exceeding 2% on the value of all taxable property therein as determined for state taxation in the same manner as other municipal taxes are levied and collected.

7. To pledge to the payment of any of its obligations the annual proceeds of any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations shall have been paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

The recital in any obligations that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein granted or that any special tax herein authorized has been levied and pledged to the payment of such obligations shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations shall have been paid in full. The obligations which may be issued hereunder shall not be considered an indebtedness of said city for the purposes of determining its borrowing capacity under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution, as amended.

The exercise of the powers and authority hereinabove set forth are subject to the prior approval thereof at an election called by the governing body of said city at which a majority of the qualified electors voting at said election shall vote in favor of such proposal. Notice of such election shall be given by publication for three consecutive weeks, the first publication to be at least thirty days before the date of the election, in a newspaper circulated in the city. The notice and ballot shall briefly summarize the proposal and in so doing may make reference to documents on file and available for public inspection in the office of the city clerk. In the event that the proposal shall include the issuance of any obligations, the principal amount of such obligations, the maturities thereof, and the maximum rate or rates of interest which they shall bear shall be set forth in the notice and on the ballot. In the event that the proposal shall include the levy and collection of any tax, the notice and ballot shall state the maximum rate of such tax. No further or other election shall be required by section 222 of the Constitution for the issuance of bonds herein authorized to be issued.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act, to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 260

Amendment of Amendment No. 175.

That subsection (a) of section 1 of amendment CLXXV [175] to the Constitution of Alabama shall be amended so that said subsection (a) as amended shall read as follows:

"That part of Jefferson county outside of the municipalities of Birmingham, Bessemer, Fairfield, Tarrant city and Mountain Brook as one district, except that the Jefferson county board of education is authorized and empowered to designate any part or portion of said district as a separate school district."[1]

Amendment 261

Promotion of Industrial, Commercial and Agricultural Development in City of Bayou La Batre.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the city of Bayou La Batre, Mobile county, Alabama, shall have full and continuing power and authority, subject to the election hereinafter provided for, to promote local industrial, commercial or agricultural development and the location of new industries or businesses in or within 15 miles of said city, and whenever such action shall be deemed by the governing body of said city in its discretion to be in furtherance of such purposes, also full and continuing power and authority to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subparagraph 1 above, to any person, firm, association or corporation, which shall locate or agree to locate a new industry or business in or within 15 miles of said city.

3. To become a stockholder in any corporation which shall locate or agree to locate a new industry or business in or within 15 miles of said city.

4. To lend its credit or grant public monies and things of value in aid of, or to, any individual, firm, association, or corporation, which shall locate or agree to locate a new industry or business in or within 15 miles of said city.

5. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes, evidences of indebtedness, or other obligations (all of which are hereinafter referred to as "obligations"), to a principal amount not exceeding 50% of the assessed valuation of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subparagraph 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations may (in addition to any pledge or pledges authorized by subparagraph 7 of this amendment) be issued upon the full faith and credit of said city or may be limited as to the source of their payment.

6. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes not exceeding 2% on the value of all taxable property therein as determined for state taxation in the same manner as other municipal taxes are levied and collected.

7. To pledge to the payment of any of its obligations the annual proceeds of any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligation shall have been paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

The recital in any obligations that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein granted or that any special tax herein authorized has been levied and pledged to the payment of such obligations shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations shall have been paid in full. The obligations which may be issued hereunder shall not be considered an indebtedness of said city for the purposes of determining its borrowing capacity under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution, as amended.

The exercise of the powers and authority hereinabove set forth are subject to the prior approval thereof at an election called by the governing body of said city at which a majority of the qualified electors voting at said election shall vote in favor of such proposal. Notice of such election shall be given by publication for three consecutive weeks, the first publication to be at least thirty days before the date of the election, in a newspaper circulated in the city. The notice and ballot shall briefly summarize the proposal and in so doing may make reference to documents on file and available for public inspection in the office of the city clerk. In the event that the proposal shall include the issuance of any obligations, the principal amount of such obligations, the maturities thereof, and the maximum rate or rates of interest which they shall bear shall be set forth in the notice and on the ballot. In the event that the proposals shall include the levy and collection of any tax, the notice and ballot shall state the maximum rate of such tax. No further or other election shall be required by section 222 of the Constitution for the issuance of bonds herein authorized to be issued.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act, to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 262

Hospital Tax in Districts 1, 2 and 3 of Franklin County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the governing body of Franklin county shall levy and cause to be collected annually a special district tax, not exceeding 50 cents on each 100 dollars assessed valuation of taxable property in districts one, two, and three of Franklin county, Alabama, to be used exclusively for public hospital purposes (as the term "public hospital purposes" is defined in amendment LXXVI [76] to the Constitution proposed by Acts of 1949, page 897, submitted December 13, 1949, and proclaimed ratified December 21, 1949) within said districts one, two, and three; provided that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in districts one, two, and three of Franklin county and voted for by a majority of such electors voting at such election. The governing body of Franklin county may call an election at any time, and it shall be the duty of such governing body to call an election to be held within ninety days after receipt by it of a petition signed by not less than 5% of the qualified electors of said districts one, two, and three, requesting that such election be called. The governing body may call such election to be held at the same time that this amendment is submitted to the electors of the state for ratification and such election shall be effective to require the levy and collection of such tax in the event that this amendment shall be ratified. The notice of such election, ballots to be used at such election and procedures for holding and determining the results of such election shall be prescribed by the governing body of Franklin county. No election shall be held hereunder within one year from the date of the last election so held.

Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Franklin county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest-bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.

The governing body of Franklin county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said districts one, two, and three, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.

No securities issued or contracts made by Franklin county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Franklin county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.

Districts one, two, and three of Franklin county herein referred to are the commissioners districts one, two, and three now established in Franklin county as authorized by law.[1]

Amendment 263

Economic Development of Municipalities in Geneva County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Geneva county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Geneva county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Geneva county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Geneva county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

No municipality in Geneva county shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby who vote thereon at a referendum election held for such purpose. The governing body of any municipality may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published once a week for at least three successive weeks before the election in a newspaper of general circulation in the municipality.[1]

Amendment 264

Bonds for Courthouse in Marengo County.

Marengo county is hereby authorized to incur indebtedness to the extent of not exceeding $400,000 in aggregate principal amount, and to issue its bonds in evidence of the indebtedness so incurred, for the purpose of constructing and equipping a new courthouse in said county. Said bonds may be issued only after the question of the issuance thereof shall have been submitted to the qualified electors of said county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of said bonds, which election shall be called, held, conducted, canvassed and may be contested in the manner provided by the then existing laws of Alabama with respect to elections on the issuance of bonds by counties; provided however, that if a majority of the qualified electors of said county participating in the election on the adoption of this amendment shall vote for the adoption thereof then the approval of this amendment expressed by the vote in said county in favor of its adoption shall of itself authorize the issuance of the bonds, and in that event no additional election by the electors of said county shall be required to authorize the issuance of said bonds. In the event the majority vote in said county on the adoption of this amendment is against the adoption thereof, or in the event the majority vote at any election held in said county pursuant to the provisions of this amendment after its adoption is not in favor of the issuance of the bonds proposed at such election, the governing body of the said county may from time to time call other elections hereunder on the issuance of said bonds, but not more than one such election shall be held during any period of twelve consecutive months. The power to become indebted and to issue bonds in evidence of such indebtedness shall be in addition to all other powers which the said county may have under the Constitution and laws of Alabama, and any bonds issued pursuant to this amendment shall not be chargeable against the amount of indebtedness which said county may incur under the Constitution and laws of Alabama in effect prior to the adoption of this amendment. All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit, shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties.

If the said bonds are authorized to be issued, either by a majority of the qualified electors of said county participating in the election on the adoption of this amendment voting for the adoption thereof or by a majority of the qualified electors of said county voting in favor of the issuance of said bonds at a separate county bond election on the question of the issuance of said bonds, and if the said bonds or any part thereof are actually issued, the governing body of said county shall thereafter have the power, without any further election, to agree to levy and collect, and to levy and collect, for a period of not exceeding seven years and for the sole purpose of paying the principal and interest on such bonds and creating a reserve therefor, a special additional annual ad valorem tax of not exceeding two mills on each dollar's worth of taxable property in said county, as assessed for state taxation for the preceding tax year. The said county shall not, however, in any event have the power to levy said tax or any part thereof with respect to any tax year beginning after final payment and retirement of said bonds. The term "taxable property" as used in this amendment shall include any property that has heretofore been or may hereafter be exempted from county taxes pursuant to the provisions of sections 3 to 5, inclusive, of Title 51 of the Code of Alabama of 1940, as amended, or other similar statute, and the tax herein provided for, if authorized, levied and collected, shall be levied on and collected with respect to all such property just as if it had not been exempted from county taxes. Any provision of section 71 of Title 51 of the Code of Alabama of 1940 to the contrary notwithstanding, the tax herein provided for may, if authorized to be levied, be levied by the governing body of the county at any time prior to the September 1 next preceding the date on which such tax is to become due and payable.

The provisions of this amendment shall be self-executing.[1]

Amendment 265

Compensation of Certain Officers of Marengo County.

The legislature may hereafter, from time to time, by general, special or local laws, fix, regulate and alter the fees, commissions, allowances or salaries to be charged or received by the tax assessor or the tax collector of Marengo county, and may put such officers on a salary basis and provide for operation of their offices on such basis.[1]

Amendment 266

Bond Issue for Acquisition, Improvement, etc., of Mental Health Facilities.

The state of Alabama is authorized to become indebted and to sell and issue interest-bearing bonds, in addition to all other bonds of the state, in an aggregate principal amount not exceeding $15,000,000. The proceeds derived from the sale of said bonds shall be used solely for the purpose of paying the expenses incurred in the sale and issuance thereof and for the acquisition, construction and improvement of mental health facilities, including (a) improvements to the existing state hospitals for the mentally ill known as Bryce and Searcy hospitals and to the existing state facilities for treatment and care of the mentally retarded known as Partlow School, for which improvements not exceeding $3,000,000 of the proceeds from the said bonds may be used, (b) acquisition by construction and otherwise of one or more new state facilities and regional centers, or either, for treatment and care of the mentally retarded, for which purpose not exceeding $9,000,000 of the proceeds from the said bonds may be used, and (c) acquisition by construction and otherwise of regional and community-based mental health centers and regional and community-based centers for treatment and care of the mentally retarded, for which purpose not exceeding $3,000,000 of the proceeds from the said bonds may be used; provided, that bond proceeds may be used for a center referred to in the foregoing clause (c) only if a portion of the cost of that center is to be paid out of funds supplied by federal grant or by contribution of local political subdivisions or other local sources, or by both federal grant and such contribution. The improvement of a facility shall be deemed to include the renovation, modernization, remodeling, and equipment thereof and the construction of additions thereto; and the construction of a facility shall be deemed to include the acquisition of real estate sites and equipment therefor. Said bonds shall be sold only at a duly advertised public sale or sales, upon sealed bids or at auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds offered for sale, and shall be sold at not less than their face value plus accrued interest thereon. Said bonds shall be direct general obligations of the state and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby specially and irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another by reason of prior issuance or otherwise, that portion of an additional privilege and license tax on the sale, storage, use, consumption, or delivery of cigarettes, levied by an act adopted at the 1967 regular session of the legislature of Alabama, that was appropriated in the said act to the purpose of acquiring and constructing mental health facilities in the state. The said special pledge shall create a charge on the tax proceeds herein specially pledged prior to all other charges or expenses for any purpose. The bonds issued under this amendment and the income therefrom shall be exempt from all taxation in the state. The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment.[1]

Amendment 267

Bond Issue to Acquire, Develop, etc., State Parks and Park Facilities.

The state of Alabama is authorized to become indebted for acquiring, providing, constructing, developing, and equipping state parks and park facilities, and in evidence of the indebtedness so incurred to issue and sell, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state, not exceeding forty-three million dollars ($43,000,000) in principal amount. The proceeds from the sale of any such bonds shall, after payment of the reasonable and necessary expenses of their issuance, be set aside in the state treasury in a special trust fund designated "state parks bond proceeds fund" and shall be disbursed therefrom on order of the director of conservation, approved by the governor, for payment of costs of acquiring, providing, constructing, developing and equipping state parks and park facilities; provided, that any proceeds held in the state parks bond proceeds fund for more than thirty days shall be invested in securities which are direct and general obligations of the United States of America. The said bonds shall be direct general obligations of the state, and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby specially and irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another by reason of prior issuance or otherwise, so much as may be necessary for said purpose of that portion of an additional privilege and license tax on the sale, storage, use, consumption, or delivery of cigarettes, levied by an act introduced at the 1967 regular session of the legislature of Alabama as Senate Bill 280, that was appropriated in the said act to the development of state parks and state park facilities. The said special pledge shall create a charge on the tax proceeds herein specially pledged prior to all other charges or expenses for state park purposes or any other purposes whatever.

The governor, the director of finance, and the director of conservation are hereby constituted a bond commission with full authority, except as herein specified or limited, to provide the terms of the bonds and to provide for the sale and issuance thereof. The governor shall be the chairman of the commission, which shall meet at his call; its proceedings shall be signed by its members and filed with the secretary of state. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both, with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates, payable and evidenced in such manner, and may contain provisions for redemption at the option of the state at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said commission in the order or orders under which the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the authorizing order or orders; provided, that the first such installment shall mature not later than one year after the date of the bonds of such series, and the last such installment shall mature not later than twenty years after the date of the bonds of the same series; and provided further, that at the time of the issuance of each series of bonds, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal. The determination by the commission that the requirements of the last proviso of the preceding sentence have been complied with shall be conclusive of such compliance.

The bonds shall be signed in the name of the state by the governor and countersigned by the director of finance and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that the facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The provisions of this amendment shall be self-executing and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder.[1]

Amendment 268

See also: Section 225, Article XII, Alabama Constitution

Amendment of Section 225.

Indebtedness of municipal corporations — Limitation; exception as to Sheffield and Tuscumbia; limitation not applicable to obligations or indebtedness exempted by Constitution or amendments thereto.

No city, town or other municipal corporation having a population of less than six thousand, except as hereafter provided, shall become indebted in an amount, including present indebtedness, exceeding twenty per centum of the assessed value of the property therein, except for the construction of or purchase of waterworks, gas or electric lighting plants, or sewerage, or for the improvements of streets, for which purposes an additional indebtedness not exceeding three per centum may be created; provided, this limitation shall not affect any debt now authorized by law to be created, nor any temporary loans to be paid within one year, made in anticipation of the collection of taxes, not exceeding one fourth of the annual revenues of such city or town. All towns and cities having a population of six thousand or more are hereby authorized to become indebted in an amount, including present indebtedness, not exceeding twenty per centum of the assessed valuation of the property therein, provided that there shall not be included in the limitation of the indebtedness of such last described cities and towns the following classes of indebtedness, to-wit: Temporary loans, to be paid within one year, made in anticipation of the collection of taxes and not exceeding one fourth of the general revenues, bonds, or other obligations already issued, or which may hereafter be issued for the purpose of acquiring, providing, or constructing school houses, waterworks, and sewers; and obligations incurred and bonds issued for street or sidewalk improvements, where the cost of the same, in whole or in part, is to be assessed against the property abutting said improvements; provided, that the proceeds of all obligations issued as herein provided in excess of said twenty per centum shall not be used for any purpose other than that for which said obligations were issued. Nothing contained in this article shall prevent the funding or refunding of valid obligations existing at the time of such funding or refunding. This section shall not apply to the cities of Sheffield and Tuscumbia.

The limitations specified in this section shall not be applicable to any obligations or indebtedness that may be exempted from the said limitations by the provisions of any portion of this Constitution, including any amendment thereto at any time adopted.[1]

Amendment 269

Special Property Tax by Counties or Municipalities for Library Purposes.

In addition to all taxes now or hereafter authorized by the Constitution of Alabama, any county or any incorporated municipality within the state which supports, jointly supports, or proposes to support a public library is hereby authorized to levy and collect a special tax not exceeding five one hundredths of one per centum on the value of the taxable property within such county or municipality as assessed for state taxation, the proceeds of which shall be used exclusively for public library purposes; provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county or municipality and voted for by a majority of those voting at such election. Elections under this amendment shall be called, held and conducted in the same way as elections on special school district tax levies.[1]

Amendment 270

Navigable Waterway Between Demopolis and Tennessee River and Flood Control Projects on Tributary Streams of Tombigbee River.

Any provision of the Constitution of Alabama or amendments thereto to the contrary notwithstanding, the legislature may by appropriate laws authorize the state to engage in works of internal improvement by fulfilling the requirements of local contribution, participation and cooperation now or hereafter established by the United States in connection with (1) the construction and maintenance of a navigable waterway (herein called "the waterway") between Demopolis, Alabama, and the Tennessee river and (2) the implementation and maintenance of flood control projects on the tributary streams of the Tombigbee river (herein called "the flood control projects").

The legislature may by appropriate laws authorize the state to become indebted and, in evidence of such indebtedness, to sell and issue its interest-bearing bonds, in an aggregate principal amount not exceeding $10,000,000, for the purpose of enabling the state to discharge obligations at any time authorized by the legislature to be undertaken in connection with the waterway and the flood control project; provided, that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from the proceeds thereof. Bonds evidencing the herein provided for indebtedness may be issued as direct general obligations of the state, and the state may pledge its full faith and credit to the prompt payment of the principal of the bonds and the interest thereon. The herein provided for indebtedness shall not be construed to prohibit or limit appropriations from the general fund of the state which from time to time may be made for the purpose of enabling the state to discharge obligations at any time authorized by the legislature to be undertaken in connection with the waterway and the flood control projects.

The legislature may by appropriate laws establish a public corporation and may confer upon it, in addition to all other necessary powers, full power to undertake the obligations that the state is permitted under the foregoing provisions of this amendment to undertake in connection with the waterway and the flood control projects. The legislature may from time to time appropriate money from the general fund of the state to be expended by such public corporation and may also authorize the herein provided for general obligation bonds of the state to be sold from time to time under the supervision of such public corporation; provided, that all moneys received by such public corporation from the state, whether as appropriations from the state's general fund or as proceeds of the sale of the state's bonds, shall be expended, except for reasonable administrative expenses, in discharging obligations that the state is permitted under the foregoing provisions of this amendment to undertake in connection with the waterway and the flood control projects and shall have directed such public corporation to undertake in its stead.[1]

Amendment 271

See also: Section 164, Article VI, Alabama Constitution

Amendment of Section 164.

Appointment of clerk of supreme court; selection of clerks of inferior courts.

The clerk of the supreme court shall be appointed by the justices thereof; and the clerks of such inferior courts as may be established by law shall be selected in such manner as the legislature may provide.[1]

Amendment 272

Game and Fish Fund.

There is hereby created and shall be a fund in the state treasury, which shall be known as the game and fish fund. This fund shall consist of:

a. All monies received from all occupational licenses or privilege taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to taking, catching, capturing or killing any fur-bearing or game animal or game bird in this state or the taking, catching, capturing or killing of any freshwater fish or aquatic animal in the public waters of this state;

b. All monies derived from the levying or imposition upon any person, firm or corporation of any tax, license, permit, certificate, fee or any other charge, by whatsoever name called, pursuant to the game and fish laws of this state or rules and regulations promulgated thereunder;

c. All monies paid, derived, received or arising from fines, penalties and forfeitures pursuant to the game and fish laws of this state and the rules and regulations promulgated thereunder;

d. All monies derived from the administration and enforcement of the game and fish laws of this state or rules and regulations promulgated thereunder;

e. All monies derived from the sale of hunting and fishing licenses or permits;

f. All monies derived from the sale of lands, timber or other natural resources owned by the game and fish division of the department of conservation;

g. All monies accruing to the game and fish fund from any other source whatsoever.

No funds accruing to the game and fish fund of the state of Alabama from any source whatsoever shall be expended for any other purpose than the payment of administrative costs of the game and fish activities of the department of conservation and for the protection, propagation, preservation, investigation of game and fish and public use of the game and fish resources of this state.[1]

Amendment 273

Bonds for State Docks Facilities

The state of Alabama is authorized to become indebted for additional improvements for the Alabama state docks and in evidence of the indebtedness so incurred to issue and sell, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state not exceeding four million dollars ($4,000,000) in principal amount. The full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon.

The Alabama state docks department (which term as used herein shall be construed to include any other agency of the state that may succeed to said department's functions) shall, subject to the provisions of the bond order relating to the sale of $10,000,000 principal amount of general obligation seaport facilities bonds of the state of Alabama dated March 1, 1964, pledge and use so much of the revenues derived from its seaport facilities as may be necessary to pay at their maturities the principal of and interest on the bonds herein authorized, and may pledge, agree to use, and use so much of said revenues as the said department with the approval of the governor may determine shall be necessary or desirable to build up and maintain reserves for the payment of said principal and interest and for the maintenance, replacement and improvement of its seaport facilities. The proceeds from the sale of any such bonds shall, after payment of the reasonable and necessary expense of their issuance, be set aside in a special fund in the state treasury and shall be paid out to the Alabama state docks department upon authorization by the governor and shall be held by the said department in a special trust fund designated "Alabama state docks capital extension bond fund" and therefrom be disbursed to pay the reasonable and necessary costs of constructing, dredging of approaches thereto and equipment of works of internal improvement for use and operation as a part of additional state docks facilities; provided that, if said department shall have issued any notes in anticipation of the sale of bonds for any of said purposes, then so much as may be necessary, not exceeding $2,000,000, shall be used to retire or fund said notes.

The Alabama state docks department is hereby vested with full authority, subject to the provisions of the bond order relating to the sale of $10,000,000 principal amount of general obligation seaport facilities bonds of the state of Alabama dated March 1, 1964, and except as limited herein, to prescribe the terms of the bonds and to provide for the issuance and sale thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both, with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates, payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by the state docks department at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said department in the order or orders under which the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amount as shall be specified in the authorizing order or orders, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. The largest installment of principal and interest maturing on each series of the bonds in any one year shall not exceed twice the preceding smallest installment of principal and interest maturing thereon in any prior year. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery. The bonds shall be sold only at public sale or sales, either on sealed bids or at auction, after such advertisement as may be prescribed by the said department to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said department is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the state docks director, and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The authorization to incur debt and issue bonds contained in this amendment shall supersede and take the place of any authorization for Alabama state docks department to issue revenue bonds granted by act of the legislature in effect on the effective date of this amendment.

The provisions of this amendment shall be self-executing and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder.[1]

Amendment 274

Works of Internal Improvement Along Navigable Waterways.

When authorized by appropriate laws passed by the legislature, the state of Alabama may, in promoting and aiding the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, at a cost not exceeding $2,000,000 engaged in works of internal improvement by promoting, developing, constructing, maintaining and operating within the state or along navigable streams and waterways now or hereafter existing within the state all manner of elevators, facilities, warehouses, docks, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same; provided that any such works or improvements shall always be and remain under the management and control of the state through the Alabama state docks department or other state governing agency and shall become part of the inland waterways facilities of the state. When authorized by appropriate laws passed by the legislature, the state may, in addition to all other bonds of the state, become indebted in an aggregate principal amount of not exceeding $2,000,000 for the purpose of carrying out the provisions of this amendment and may cause to be issued its general direct obligation bonds for the repayment of such indebtedness and interest thereon and pledge the faith and credit of the state thereto.[1]

Amendment 275

Special Property Tax for Public Hospital Purposes in Mobile County.

Mobile county shall have power to levy and collect a special county tax not exceeding twenty cents on each one hundred dollars worth of taxable property in the county as assessed for state taxes in addition to all other taxes now or hereafter authorized, for public hospital purposes, provided the rate of the tax and the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election.

If a majority of the qualified electors of Mobile county who participate in the election held on the adoption of this amendment vote in favor thereof, the governing body of Mobile county must levy and collect the special tax as herein authorized at the maximum rate specified for each of the four tax years next ensuing.

If a majority of the qualified electors of Mobile county voting on this amendment vote against its adoption, the governing body of Mobile county may thereafter from time to time call other elections on the question of levying the special tax as herein authorized and must call such an election within three months after receipt by the said county governing body of a petition signed by not less than five percent of the qualified electors of Mobile county. After the special tax herein authorized shall have been levied for a period of four years, the governing body of Mobile county shall, on petition signed by not less than five percent of the qualified electors of the county, call an election on the question of discontinuance of the tax. If a majority of the electors voting upon the question shall vote in favor of discontinuance of the tax then the special tax shall be discontinued at the end of the tax year following the election. Such elections shall be called, held, conducted and canvassed in such manner as the governing board of Mobile county shall provide.

The county governing body and any city or town of Mobile county may from time to time appropriate county or municipal funds, as the case may be, for the use and benefit of any public hospital located in the county.[1]

Amendment 276

Hospital Tax in District 2 of Walker County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the governing body of Walker county shall levy and cause to be collected annually a special district tax, not exceeding 50 cents on each 100 dollars assessed valuation of taxable property in district two of Walker county, Alabama, to be used exclusively for public hospital purposes (as the term "public hospital purposes" is defined in amendment LXXVI [76] to the Constitution proposed by Acts of 1949, page 897, submitted December 13, 1949, and proclaimed ratified December 21, 1949) within said district two; provided that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in district two of Walker county and voted for by a majority of such electors voting at such election. The governing body of Walker county may call an election at any time, and it shall be the duty of such governing body to call an election to be held within ninety days after receipt by it of a petition signed by not less than 5% of the qualified electors of said district two, requesting that such election be called. The governing body may call such election to be held at the same time that this amendment is submitted to the electors of the state for ratification and such election shall be effective to require the levy and collection of such tax in the event that this amendment shall be ratified. The notice of such election, ballots to be used at such election and procedures for holding and determining the results of such election shall be prescribed by the governing body of Walker county. No election shall be held hereunder within one year from the date of the last election so held.

Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Walker county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest-bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.

The governing body of Walker county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said district two, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.

No securities issued or contracts made by Walker county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Walker county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts, made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.

District two of Walker county herein referred to is the commissioner's district two now established in Walker county as authorized by law.[1]

Amendment 277

Economic Development of Town of Carbon Hill.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the town of Carbon Hill in Walker county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the town of Carbon Hill, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipality, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipality for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the town of Carbon Hill may impose, by approving and filing a certificate to that effect in the office of the judge of probate of Walker county or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipality.

10. The town of Carbon Hill shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the municipality. The governing body of the municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper having general circulation in Walker county.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 278

Costs and Charges of Courts in Elmore County.

The legislature may from time to time, by general, special or local laws, fix, regulate and alter the costs and charges of courts in the county of Elmore and the method of distribution thereof.[1]

Amendment 279

Special Property Tax for Educational Purposes in City of Fort Payne.

In addition to all taxes now, or hereafter authorized by the Constitution and laws of Alabama, the city of Fort Payne, DeKalb county, Alabama, shall have the power to levy and collect a special school tax up to 7 1/2 mills on each dollar's worth of taxable property in the city of Fort Payne, DeKalb county, Alabama, the proceeds of which shall be used exclusively for school purposes; provided that such tax and the purpose or purposes thereof, and the times such taxes are proposed to be continued, shall have first been submitted to the vote of the qualified electors of the city of Fort Payne, DeKalb county, Alabama, and voted for by the majority of those voting at such election. The special tax provided herein may be renewed from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy the taxes is defeated in any election, subsequent elections thereon may be held at any time. The elections provided for herein shall be called, held, conducted, and paid for by the city of Fort Payne, DeKalb county, Alabama, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment three, article 19 of the Constitution of Alabama. By article 7, chapter 10, Title 52 of the Code of Alabama 1940.

The county tax collector shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear account thereof. The tax collector shall distribute the proceeds of this special tax in such manner as to turn over to the custodian of the city school funds of the city of Fort Payne, DeKalb county, Alabama, the revenue derived from the tax levied on all taxable property situated in the city of Fort Payne, DeKalb county, Alabama. Such revenues to be used by the city board of education for educational purposes in connection with schools located in the corporate limits of the city of Fort Payne, DeKalb county, Alabama.

In the event that any special property tax herein authorized shall be authorized by a majority of the qualified electors voting on the question at the election, the city board of education of the city of Fort Payne, Alabama, may at such times as to them seem necessary and proper, sell and issue their tax anticipation bonds for the purposes for which the tax was authorized, which bonds shall be in such amounts as the respective board of education shall designate and, except as otherwise provided herein shall be subject to the provisions of the general laws now pertaining to the issuance by city boards of education of capital outlay warrants, and no further election shall be required for the issuance of such bonds. The revenue derived from the sale of these bonds shall be expended by the Fort Payne city board of education, for public school purposes only. Any bonds issued under the authority of this amendment shall be payable solely out of the proceeds of the special property tax hereby authorized, all or any part of which may be pledged therefor. The bonds issued under the authority of this amendment shall constitute negotiable instruments, although payable from a limited source, and shall be eligible for the investment of trust funds. The bonds shall not constitute general obligations of the city of Fort Payne, DeKalb county, Alabama, and shall be in addition to all other bonds or warrants which the city board of education have heretofore issued or are authorized to issue under the Constitution and laws of Alabama.

The proceeds of the tax herein levied may be used for any school purpose. In addition to capital outlay, may be used for operating purposes, or any other purpose in connection with the school system of the city of Fort Payne, DeKalb county, Alabama, as may be determined by the city board of education.[1]

Amendment 280

Amendment of Amendment No. 238.

Any corporation heretofore or hereafter created in any county of the state having a population of 500,000 or more, according to the last or any subsequent federal census, for the purpose of establishing, maintaining and operating a civic center in the municipality in which the county seat of such county is situated, shall be authorized, without the necessity of any election, to issue bonds, warrants or other evidences of indebtedness, and to pledge for the payment of the principal and interest due thereon any revenues received, or to be received, by such corporation and any tax proceeds appropriated or allocated (in whole or in part) to such public corporation by or pursuant to any act of the legislature of Alabama or by or pursuant to any resolution or ordinance of such county or any municipality therein, any provision of the Constitution or laws of Alabama to the contrary notwithstanding. No such bonds, warrants or other evidences of indebtedness issued by such corporation shall be considered indebtedness of such county or any municipality therein within the meaning of sections 224 and 225 of the Constitution of Alabama. The rent or rentals that the county or any such municipality may be obligated to pay under the terms of any lease between the said corporation and the said county or any such municipality shall not be considered as indebtedness of said county or any such municipality within the meaning of sections 224 and 225 of the Constitution of Alabama.

No tax levied by the state or any municipality or county of the state shall apply to any such corporation, unless such tax applies to the county and the city wherein the corporation is located. The word "tax" as herein used, shall include any ad valorem tax, or other direct tax, and any excise, privilege or license tax.

The following are hereby in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding: Acts numbered 524 [p. 767], 525 [p. 776] and 547 [p. 798] enacted at the 1965 regular session of the legislature of Alabama; Act No. 114 [p. 153] enacted at the second special session of 1965 of the legislature of Alabama; and all corporations established by said Act No. 547, as well as all acts done under the authority of any of said acts, including (without limitation) the acquisition of property, the making of contracts and the incurring of obligations and liabilities. Further, that certain bill introduced in the Alabama house of representatives on August 3, 1967 as House Bill 823, as said bill was finally enacted into law, is hereby validated and confirmed, any provision of the Constitution of 1901 to the contrary notwithstanding; provided that said bill (or a substitute therefor) is enacted by the legislature of Alabama and is approved by the governor (or becomes law without such approval).[1]

Amendment 281

Application of Special School Taxes in City of Anniston.

(A) The purpose of this amendment is to clarify and make further provisions regarding the public school purposes for which the following special school taxes, heretofore voted in the school district of the city of Anniston, may be applied: (1) The special annual ad valorem school tax at the rate of fifty cents (50¢) on each one hundred dollars ($100.00) of taxable property which was voted for public school purposes at the special election held in the said school district on March 16, 1948, pursuant to call of the said election made in that certain amendment to the Constitution proposed by Act No. 587 adopted at the 1947 regular session of the legislature (sometimes known as, and herein called, amendment 68), and which was levied by amendment 68 for public school purposes in the said school district for a period of thirty years commencing with the tax year beginning October 1, 1947, and with the last year's tax being payable October 1, 1977; and (2) the special annual ad valorem school tax at the same rate which was voted for public school purposes at the special election held in the said school district on February 15, 1966, pursuant to call of the said election made in that certain amendment to the Constitution proposed by Act No. 72 adopted at the 1965 regular session of the legislature (sometimes known as, and herein called, amendment 232), and which was levied by amendment 232 for public school purposes in the said school district for a period of thirty years commencing with the tax year beginning October 1, 1977, and with the first year's tax being payable October 1, 1978.

(B) In addition to the public school purposes specifically mentioned in amendment 68, in amendment 232, and in that certain amendment to the Constitution, supplemental to amendment 68, that was proposed by Act No. 1045 adopted at the 1961 regular session of the legislature (sometimes known as, and herein called, amendment 165), that portion of the proceeds from the special school tax levied by amendment 68 in the school district of the city of Anniston that is not needed to pay debt service on bonds heretofore issued by the city of Anniston under amendment 68 or under amendment 165, or to comply with any other covenants contained in proceedings authorizing the issuance of the said bonds, and also the proceeds from the special school tax levied by amendment 232 may be used to pay the principal of and interest on any securities (including, but without limitation to, warrants) that may hereafter be issued by the city of Anniston, pursuant to request by the city board of education of Anniston, for the purpose of (i) paying costs of acquiring, constructing and improving public school buildings in the said school district, (ii) refunding the principal of warrants or other securities issued by the said city, after the effective date of amendment 232, for payment of costs of acquisition, construction and improvement of public school buildings, or (iii) the combined purpose of payment of such costs and such refunding. Costs of constructing a school building shall be deemed to include the costs of acquiring a site therefor. Any such securities may be either general obligations of the city of Anniston secured by a pledge of the proceeds of either or both of the said school taxes or may be special obligations of the said city payable solely out of and secured by a pledge of the proceeds of either or both of the said taxes; and any such securities shall be issued by the said city pursuant to the powers conferred on municipalities by existing statutes. Any pledges that may hereafter be made either hereunder or under amendment 232 with respect to the proceeds from the special school tax levied by amendment 232, shall take precedence in the order in which they are made. Any pledges that may hereafter be made either hereunder or under amendment 165, with respect to the proceeds from the special school tax levied by amendment 68 shall take precedence in the order in which they are made and shall be subordinate to the pledges heretofore made by the city of Anniston pursuant to either amendment 68 or amendment 165. If the proceeds of the tax levied by amendment 232 should at any time be pledged pursuant to either this amendment or amendment 232, the tax collector of Calhoun county shall, upon collection thereof, pay such proceeds to the city of Anniston; and until the proceeds of the special tax levied by amendment 232 are so pledged, he shall pay such proceeds to the board of education of the city of Anniston. If pledges are hereunder made with respect to either or both of the said special school taxes, and if the governing body of the city of Anniston shall hereafter determine that the proceeds from the tax or taxes so pledged are in excess of the amount needed to satisfy the said pledges and any other then outstanding pledges made under any of the other amendments herein referred to, then the said proceeds, to the extent of the said excess, may be applied for other public school purposes in the said school district.

(C) The provisions hereof are supplemental to amendments 68, 165, and 232 and the powers and authority herein granted shall be in addition to the powers and authority conferred by the said amendments.

(D) Each of the said special elections held as aforesaid on March 16, 1948, and on February 15, 1966, is hereby validated, in spite of any irregularities in connection with the giving of notice or the holding thereof or any other irregularity in connection therewith.[1]

Amendment 282

See also: Section 116, Article V, Alabama Constitution

Amendment of Section 116.

Governor, lieutenant governor, attorney general, state auditor, secretary of state, state treasurer, superintendent of education and commissioner of agriculture and industries — Term of office; officers may succeed selves for one additional term.

The governor, lieutenant governor, attorney general, state auditor, secretary of state, state treasurer, superintendent of education, and commissioner of agriculture and industries, shall hold their respective offices for the term of four years from the first Monday after the second Tuesday in January next succeeding their election and until their successors shall be elected and qualified. Each of said officers shall be eligible to succeed himself in office, but no person shall be eligible to succeed himself for more than one additional term.[1]

Amendment 283

Legislation as to Jurisdiction of Inferior Courts Established in Lieu of Justices of the Peace in Jefferson County.

The legislature of Alabama may by general or local laws fix, regulate, and change the jurisdiction of any or all inferior courts established in lieu of justices of the peace in Jefferson county, in all civil cases so long as the amount in controversy does not exceed five hundred dollars, except in cases of libel, slander, assault and battery, and ejectment. All acts of the legislature of Alabama, whether general or local providing for such courts or for such enlargement of jurisdiction prior to the adoption of this amendment, and all judgments of such courts rendered pursuant to such acts, are hereby ratified, validated and confirmed.[1]

Amendment 284

Selection, Qualifications, Powers, Duties and Tenure of State Board of Education and Superintendent of Education.

1. General supervision of the public schools in Alabama shall be vested in a state board of education, which shall be elected in such manner as the legislature may provide.

2. The chief state school officer shall be the state superintendent of education, who shall be appointed by the state board of education and serve at its pleasure. The authority and duties of the superintendent of education shall be determined by the state board of education according to such regulations as the legislature may prescribe. The superintendent of education shall receive an annual salary which shall be fixed by the legislature of Alabama and shall be paid from the state treasury in installments as the salaries of other state officers are paid.

3. The legislature shall enact appropriate laws to implement or enforce this article of amendment.

4. The provisions of article V and XIV of the Constitution of Alabama as amended in conflict with this article are expressly repealed. However, this amendment shall not be so construed as to effect the election or term of the state superintendent of education chosen before it becomes valid as a part of the Constitution.[1]

Amendment 285

Registration of Certain Electors by Mail.

The legislature may enact appropriate legislation authorizing and providing for the following persons to register to vote by mail, if they possess the qualifications of an elector and are not disqualified from voting under the Constitution and laws of Alabama, namely, members of the armed forces of the United States, persons employed outside the United States, and the spouses and children of such persons, provided, however, that such persons shall be entitled to register only in the counties where they were residents prior to entering the status which makes them eligible for such registration.[1]

Amendment 286

Bonds for Theodore Ship Channel Project in Mobile Harbor.

The state of Alabama is authorized to become indebted for the purpose of financing the work required of the Alabama state docks as the local sponsoring agency for the improvement in Mobile harbor, Alabama, known as the Theodore ship channel project or for additional improvements for the Alabama state docks and in evidence of the indebtedness so incurred to issue and sell, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state not exceeding four million dollars ($4,000,000) in principal amount. The full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon.

The Alabama state docks department (which term as used herein shall be construed to include any other agency of the state that may succeed to said department's functions) shall, subject to the provisions of the bond order relating to the sale of the $10,000,000 principal amount of general obligation seaport facilities bonds of the state of Alabama dated March 1, 1964, pledge and use so much of the revenues derived from its seaport facilities as may be necessary to pay at their maturities the principal of and interest on said bonds, and may pledge, agree to use, and use so much of said revenues as the said department with the approval of the governor may determine shall be necessary or desirable to build up and maintain reserves for the payment of said principal and interest for the maintenance, replacement and improvement of its seaport facilities. The proceeds from the sale of any such bonds shall, after payment of the reasonable and necessary expense of their issuance, be set aside in a special fund in the state treasury and shall be paid out to the Alabama state docks department upon authorization by the governor and shall be held by the said department in a special trust fund and therefrom disbursed to pay the reasonable and necessary costs required of the Alabama state docks as the local sponsoring agency for the improvement in Mobile harbor, Alabama, known as the Theodore ship channel project or to pay the reasonable and necessary costs of constructing, dredging of approaches thereto and equipment of works of internal improvement for use and operation as a part of additional state docks facilities; provided that, if said department shall have issued any notes in anticipation of the sale of bonds for any of said purposes, then so much as may be necessary, not exceeding $2,000,000, shall be used to retire or fund said notes.

The Alabama state docks department is hereby vested with full authority, subject to the provisions of the bond order relating to the sale of $10,000,000 principal amount of general obligation seaport facilities bonds of the state of Alabama dated March 1, 1964, and except as limited herein, to prescribe the terms of the bonds and to provide for the issuance and sale thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both, with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates, payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by the state docks department at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said department in the order or orders under which the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amount as shall be specified in the authorizing order or orders, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. The largest installment of principal and interest maturing on each series of the bonds in any one year shall not exceed twice the preceding smallest installment of principal and interest maturing thereon in any prior year. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery. The bonds shall be sold only at public sale or sales, either on sealed bids or at auction, after such advertisement as may be prescribed by the said department to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said department is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the state docks director, and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The authorization to incur debt and issue bonds contained in this amendment shall supersede and take the place of any authorization for Alabama state docks department to issue revenue bonds granted by act of the legislature in effect on the effective date of this amendment.

The provisions of this amendment shall be self-executing and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder.[1]

Amendment 287

Navigable Waterway Between Montgomery and Gadsden and to the Alabama-Georgia Boundary.

Any provision of the Constitution of Alabama or amendments thereto to the contrary notwithstanding, the legislature may by appropriate laws authorize the state to engage in works of internal improvement by fulfilling the requirements of local contribution, participation and cooperation now or hereafter established by the United States in connection with the construction and maintenance of a navigable waterway (herein called "the waterway") between Montgomery and Gadsden and to the Alabama-Georgia boundary.

The legislature may by appropriate laws authorize the state to become indebted, and in evidence of such indebtedness, to sell and issue its interest-bearing bonds, in an aggregate principal amount not exceeding $10,000,000, for the purpose of enabling the state to discharge obligations at any time authorized by the legislature to be undertaken in connection with the waterway project; provided, that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from the proceeds thereof. Bonds evidencing the herein provided for indebtedness may be issued as direct general obligations of the state, and the state may pledge its full faith and credit to the prompt payment of the principal of the bonds and the interest thereon. The herein provided for indebtedness shall not be construed to prohibit or limit appropriations from the general fund of the state which from time to time may be made for the purpose of enabling the state to discharge obligations at any time authorized by the legislature to be undertaken in connection with the waterway project.

The legislature may by appropriate laws establish a public corporation and may confer upon it, in addition to all other necessary powers, full power to undertake the obligations that the state is permitted under the foregoing provisions of this amendment to undertake in connection with the waterway project. The legislature may from time to time appropriate money from the general fund of the state to be expended by such public corporation and may also authorize the herein provided for general obligation bonds of the state to be sold from time to time under the supervision of such public corporation; provided, that all moneys received by such public corporation from the state, whether as appropriations from the state's general fund or as proceeds of the sale of the state's bonds, shall be expended, except for reasonable administrative expenses, in discharging obligations that the state is permitted under the foregoing provisions of this amendment to undertake in connection with the waterway project, and shall have directed such public corporation to undertake in its stead.

Nothing herein shall authorize the legislature to establish any such public corporation to acquire by purchase, license, lease, condemnation or otherwise a hydroelectric project (or any part thereof) heretofore or hereafter licensed by the federal power commission under the Federal Power Act of June 10, 1920, Public Law No. 280, 66th Congress, 2nd Session, and amendments thereto, or any such project (or any part thereof) otherwise authorized by act of congress.[1]

Amendment 288

Works of Internal Improvement Along Navigable Waterways.

When authorized by appropriate laws passed by the legislature, the state of Alabama may, in promoting and aiding the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, at a cost not exceeding $10,000,000, engage in works of internal improvement by promoting, developing, constructing, maintaining and operating within the state or along navigable streams and waterways now or hereafter existing within the state all manner of elevators, facilities, warehouses, docks, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same; provided that any such works or improvements shall always be and remain under the management and control of the state through the Alabama state docks department or other state governing agency and shall become part of the inland waterways facilities of the state. When authorized by appropriate laws passed by the legislature, the state may, in addition to all other bonds of the state, become indebted in an aggregate principal amount of not exceeding $10,000,000 for the purpose of carrying out the provisions of this amendment and may cause to be issued its general direct obligation bonds for the repayment of such indebtedness and interest thereon and pledge the faith and credit of the state thereto.[1]

Amendment 289

Title to Sixteenth Section of School Lands in Mobile County.

The legislature shall have power to divest the state of Alabama of title to that certain sixteenth section of school lands described as follows: section 16, township 4 south, range 2 west, St. Stephens meridian, in Mobile county, and may provide for the grant of such lands and the income therefrom to the board of trustees of the University of South Alabama.[1]

Amendment 290

Costs and Charges of Courts, and Compensation of Probate Judge and Sheriff, in Barbour County.

The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of courts in Barbour county, and regulate the fees, commissions, percentages, allowances, and compensation to be charged or received by the probate judge and the sheriff of Barbour county, and may place the sheriff on a salary basis and provide for the fees charged or collected by him to be paid into the county treasury from which his salary shall be paid.[1]

Amendment 291

Special Tax in School Districts of Calhoun County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, each school district in Calhoun county, except the school district comprising the city of Anniston, shall have the power to levy and collect for public school purposes in such district an annual special ad valorem tax on the taxable properties in such district at a rate not exceeding in any one year five mills on each dollar of the value of the said properties as the same shall be assessed for state taxation; provided that prior to the levy of any special tax authorized in this paragraph, there shall be submitted to the electors of the district in which the tax is proposed to be levied, at a special election called for that purpose in the said district, the question of whether the said tax or any part thereof shall be levied, the rate thereof, the time it is to continue (which shall not exceed thirty years), and the purpose thereof, and the said tax shall be authorized at such election by a majority of the qualified electors of the district voting at such election; provided further, that if a majority of the qualified electors of any of the said districts participating in the election on the ratification of this amendment shall vote for the ratification of this amendment, then the approval of this amendment as expressed by the vote in said district in favor of its ratification shall, of itself, authorize the levy and collection of the said special tax for public school purposes in that district for a period of thirty years commencing with the levy for the tax year for which taxes will become due and payable to the said district on the October 1 next following the date of the said election on the ratification of this amendment.

Elections on the question of the levy of a district tax under the provisions of this amendment may be held at any time and from time to time, provided, that if at any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in the same district within one year from the last election held under this amendment. Each such election held after the ratification of this amendment shall be called and held, the results declared, and the tax levied and collected in the same manner as now or hereafter provided by law in the case of school district taxes authorized by amendment III [3] to the Constitution of Alabama, except that no countywide tax shall be required as a condition precedent for a district tax under this amendment.

The funds arising from the district tax herein authorized to be levied in each school district shall be expended for the exclusive benefit of the school district in which such district tax is levied. Nothing in this amendment shall be deemed to prevent the consolidation of any two or more school districts in Calhoun county in accordance with the applicable provisions of general law.[1]

Amendments

  • Amended by: Amendment 720, Alabama Constitution

Amendment 292

Special School Tax in School Districts Nos. 1 and 2 of Covington County.

1. The governing body of Covington county shall have power to levy and collect annually a special school district tax not exceeding fifty cents on each one hundred dollars' worth of taxable property in school districts number 1 and 2, Covington county as assessed for state taxation, for public school purposes, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the districts and voted for by a majority of those voting at such election. Such tax shall be in addition to all other taxes provided for by law. The funds arising from such special district tax levied and collected by the county shall be expended for the exclusive benefit of the public schools in said districts. Election under this amendment shall be called, held, and conducted in relation to the levying of special school district taxes under the third amendment to the Constitution.

2. If a majority of the qualified electors of school districts number 1 and 2, Covington county, who participate in the election on the adoption, then the approval of the amendment as expressed by such vote shall of itself authorize the levying of the special tax provided for herein at the maximum rate specified for a period not exceeding twenty years.[1]

Amendment 293

Special School Tax in School Districts Nos. 1 and 2 of Colbert County.

The governing body of Colbert county shall have power to levy and collect annually a special school district tax not exceeding one dollar on each one hundred dollars' worth of taxable property in school districts number one and number two in Colbert county, as assessed for state taxation, for public school purposes, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the districts and voted for by a majority of those voting at such election. Such tax shall be in addition to all other taxes provided for by law. The funds arising from such special district tax levied and collected by the county shall be expended for the exclusive benefit of the districts. Elections under this amendment shall be called, held, and conducted in the same way that elections are called, held, and conducted in relation to the levying of special school district taxes under the third amendment to the Constitution.[1]

Amendment 294

Special Tax in School Districts of Lawrence County and Change in Boundaries of School Districts.

Each school district of Lawrence county shall, subject to authorization at an election in such district as hereinafter provided, have power to levy and collect a special district tax, at a rate not exceeding five mills on each dollar (being equivalent to 50 cents on each $100) of the assessed valuation of the taxable property in such district for public school purposes therein, which special tax shall be in addition to all taxes now authorized or that may hereafter be authorized by the Constitution of Alabama to be levied in such district; provided, that no tax shall be levied under this amendment unless the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district in which the tax is proposed to be levied and shall have been authorized by a majority of the qualified electors voting at the election at which the submission is made. Each election held under this amendment shall be called and held, the ballots canvassed, the results declared, and the tax levied and collected in the same manner as is now or may hereafter be provided by law in the case of school district taxes authorized by amendment III [3] to the Constitution of Alabama, except that no countywide tax shall be required to be levied as a condition precedent to either the authorization or levy of a district tax under this amendment. The holding of one election shall not preclude a later election in the same district under the authority of this amendment. The proceeds of any special district tax authorized by this amendment shall be expended solely for public school purposes in the district in which the tax shall be levied.

The county board of education of Lawrence county may from time to time, without the necessity of any election, change the boundaries of any school district at any time existing in the county, or consolidate any two or more school districts therein, if the taxes authorized to be levied for public school purposes in all of the territory in such district after such change of boundaries or consolidation is effected shall be at the same aggregate rate and for the same duration of time; provided, that nothing contained herein shall be construed to impair or permit the impairment of the obligation of any contract created with respect to any securities theretofore issued with respect to any such school district. The provisions of the preceding sentence shall not be deemed to abridge any existing power conferred on the said county board of education by any existing law, but shall be in addition thereto.[1]

Amendment 295

Special Property Tax for Educational Purposes in City of Ozark and Dale County.

The court of county commissioners, board of revenue or like governing body of Dale county shall have the power to levy and collect a special property tax in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one half of one percent on the value of the taxable property in the county situated outside the corporate limits of Ozark, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the corporate limits of Ozark, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Ozark shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the corporate limits of Ozark shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the corporate limits of Ozark.

The city of Ozark shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceding [exceeding] one half of one percent on the value of the taxable property situated within the corporate limits of the city, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on property situated within the corporate limits of Ozark shall be ordered and held in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The additional tax, authorized by this amendment to be levied on property situated within the corporate limits of Ozark shall be collected in the same manner and under the same requirements and laws as other taxes levied on property by the city of Ozark are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the limits of the city of Ozark.

If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.

This amendment shall be self-executing.[1]

Amendment 296

Special Property Tax for Educational Purposes in Etowah County.

The court of county commissioners, board of revenue or like governing body of Etowah county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one half of one percent on the value of the taxable property in the county situated outside the corporate limits of Gadsden and Attalla, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the corporate limits of Gadsden and Attalla, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Gadsden and Attalla shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the corporate limits of Gadsden and Attalla shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for schools and other educational purposes in the territory of the county outside the corporate limits of Gadsden and Attalla.

If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.

Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the cities of Gadsden or Attalla.

This amendment shall be self-executing.[1]

Amendment 297

Compensation of Certain Officers of Tallapoosa County.

The legislature may from time to time, by general or local laws applicable to or operative in Tallapoosa county, fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, and clerk and register of the circuit court of Tallapoosa county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. Provided, that no law changing the method or basis for compensating such officers shall become effective unless it is approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose.[1]

Amendment 298

Amendment of Amendment No. 175.

That amendment CLXXV [175] to the Constitution of Alabama, as submitted December 5, 1961 and proclaimed ratified December 18, 1961 and amended by amendment CCLX [260] submitted November 8, 1966 and proclaimed ratified November 17, 1966, be further amended by striking out the last sentence in said amendments CLXXV [175] as amended and inserting in lieu thereof the following sentence:

The proceeds of any special district tax authorized by this amendment shall be expended for the support of education only in the special district or separate district in which the tax is levied.[1]

Amendment 299

Special School Tax in City of Oneonta.

Section 1. In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of one dollar on each one hundred dollars' worth of taxable property in the school tax district of the city of Oneonta, Blount county, to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided.

Section 2. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Oneonta who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Oneonta who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of the school tax district of the city of Oneonta and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in constitutional amendment III [3]; provided however, that it shall not be a condition precedent to any election on the school district tax herein provided for or to the levy and collection of such tax that a like or any other countywide school tax be [is] being levied and collected in Blount county.

Section 3. In the event the special school tax herein authorized shall be approved as herein provided and the board of education of the city of Oneonta anticipates the proceeds therefrom by issuing securities payable, in whole or in part, out of such proceeds, the provisions of sections 220, 221 and 224 of Title 52 of the Code of Alabama of 1940 shall not apply to any such securities.[1]

Amendment 300

Bonds for Certain Public Buildings in Mobile County.

Section A. As used in this amendment the following terms shall be given the following respective meanings:

"County" means Mobile county.

"Special tax" means the annual ad valorem tax at the rate of 1/2 of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as amendment XVIII [18] to the Constitution of Alabama, as amended by the amendment to the Constitution known as amendment CLII [152], and also provided for in the amendments to the Constitution known as amendments C [100], CXXII [122], CLI [151], CXCIII [193], and CXCV [195].

Section B. Mobile county is hereby authorized to issue from time to time its bonds, not exceeding $3,000,000 in aggregate principal amount, of which $1,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping a building for use as a juvenile detention home for the county in conjunction with the juvenile court of the county, and $2,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping additions and improvements to the county courthouse building in the county; provided, that if all of the proceeds from the bonds issued for either of the said purposes shall not be needed for the purpose for which they were issued then the balance not so needed may in the sound judgment of the governing body of the county be expended for the said other purpose. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 1/2 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.

No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.

The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any then existing valid prior pledges.

The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of the county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.

So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed 4 1/2 mills on each dollar of the assessed valuation of all properties subject to taxation by the county as assessed for state taxation and that the said rate of 4 1/2 mills on each dollar of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as amendment No. CXCV [195] shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by 1/2 mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction. The provisions of this paragraph shall be applicable, however, only to such extent as shall not impair the obligation of any pledges of the special tax heretofore made for the benefit of any bonds issued by the county prior to the adoption of this amendment.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof.[1]

Amendment 301

Change in Purposes of Levy and Distribution of Special Tax Authorized by Amendment Nos. 18, 100, 122, 151, 193 and 195.

A. As used in this amendment the following terms shall be given the following respective meanings:

"County" means Mobile county.

"Special tax" means the annual ad valorem tax at the rate of 1/2 of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as amendment XVIII [18] to the Constitution of Alabama, as amended by the amendment to the Constitution known as amendment CLII [152], and also provided for in the amendments to the Constitution known as amendments C [100], CXII [112], CLI [151], CXCIII [193], and CXCV [195].

B. Commencing with the levy for the tax year beginning October 1, 1969 (for which tax year the special tax will become payable on October 1, 1970) the special tax shall be levied annually by the governing body of the county on the assessed valuation of all property subject to taxation by the county, as assessed for state taxation for the next preceding year, at the following rates for the following respective purposes:

(a) 1/2 mill on each dollar (equivalent to 1/20 of 1%) of the said assessed valuation shall be levied for the general purposes of the county to be paid into and disbursed by the governing body of the county out of the general fund of the county; and

(b) 4 1/2 mills on each dollar (equivalent to 9/20 of 1%) of the said assessed valuation shall be levied for payment of the principal of and interest on all bonds of the county heretofore and hereafter issued that are payable out of or secured by a pledge of the special tax; provided, that the said rate of 4 1/2 mills on each $1.00 of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as amendment No. CXCV [195] shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by 1/2 mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction.[1]

Amendment 302

Economic Development of Municipalities in Pickens County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Pickens county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Pickens county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Pickens county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Pickens county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. No municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of such municipality. The governing body of any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 303

Promotion of Industrial, Commercial and Agricultural Development in Morgan County and Cities of Hartselle and Decatur.

For the promotion of local industrial, commercial or agricultural development, Morgan county and the city of Hartselle and the city of Decatur shall each separately or any two or more of them jointly have full and continuing power (a) to purchase, construct, lease and otherwise acquire industrial, commercial and agricultural projects or sites, including real and personal property, plants, buildings, factories, works, facilities, machinery and equipment of any kind whatsoever; (b) to lease, sell, exchange or otherwise convey all or any part of any such project or site to any person, firm or corporation; (c) after an approving election as hereinafter provided, if required, to sell and issue for such purposes interest-bearing general obligation bonds. Neither the county nor the cities shall issue any bonds under the authority of this amendment, other than bonds issued to finance the acquisition or development of industrial sites, such development to include the extension and installation of streets and roadways and utility services, unless the question of the issuance of such bonds has first been submitted to the qualified electors of the county or the cities, as the case may be, and approved at such election by a majority of the qualified electors voting thereat. Each such election shall be called, held and conducted, and may be contested, in the manner provided by law for county or municipal bond elections, as the case may be. Bonds issued under the authority of this amendment shall not be considered indebtedness of the county or the cities, as the case may be, within the meaning of sections 224 and 225 of the Constitution of Alabama, but neither the county nor the cities shall at any time issue any bonds under the authority of this amendment if as a result thereof it will have outstanding an aggregate principal amount of bonds issued hereunder in excess of twenty percent of an assessed value of the property in the county or the cities, as the case may be. Neither shall the county or the cities issue any bonds under the authority of this amendment, except bonds issued to finance the acquisition or development of industrial sites, such development to include the extension and installation of streets and roadways and utility services, unless prior thereto or contemporaneously therewith the county or the cities, as the case may be, has entered into a lease or other similar agreement, with respect to the project being financed by such bonds, providing for the payment to the county or the cities, as the case may be, of net rentals sufficient to pay the principal of and the interest on such bonds at the respective maturities of such principal and interest, and any bonds issued hereunder shall be secured by a pledge of such rentals and may be secured by a foreclosable mortgage on such project and by a pledge of any other taxes and revenues which the county or the cities, as the case may be, is authorized by law to pledge to the payment of its bonded indebtedness. All bonds issued under the authority of this amendment shall be sold at public sale in the manner required by law for the sale of county or municipal bonds, as the case may be, and shall mature and be payable in annual or semiannual installments in such amounts and at such times as to result in the aggregate amount of principal and interest maturing thereon in each year following the year of their issuance being substantially equal, but shall not be subject to any other provisions of law relating to maturities of county or municipal bonds. In the event that any such action is necessary to prevent or cure a default in payment of the principal of or the interest on any bonds issued under the authority of this amendment, the county or the cities, as the case may be, is authorized to levy and collect ad valorem taxes, without limitation as to rate or amount, on the assessed value of all taxable property in the county or the cities, as the case may be, but only so long as and only to such extent as necessary to prevent or cure any such default.

In carrying out the purposes of this amendment, neither Morgan county nor the city of Hartselle nor the city of Decatur shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the cities are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the cities are authorized to levy and collect. This amendment shall be self-executing, but notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.[1]

Amendment 304

Special School Tax in School District No. 1 of Madison County.

Section 1. In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars' worth of taxable property in school tax district no. 1, Madison county, Alabama, which comprises all of Madison county, Alabama except the city of Huntsville, Alabama to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided.

Section 2. In the event this amendment is approved and a majority of the qualified electors of said school tax district no. 1, Madison county, Alabama, who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected for a period of thirty years without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of school tax district no. 1, Madison county, Alabama, who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of school tax district one, Madison county, Alabama, and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for and governed otherwise in the manner provided for an election on the school district tax authorized in constitutional amendment III [3].[1]

Amendment 305

Special School Tax in City of Huntsville.

Section 1. In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars' worth of taxable property in the school tax district of the city of Huntsville in Madison county to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided.

Section 2. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Huntsville who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected for a period of thirty years without any other election having been held hereon. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Huntsville who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of the school tax district of the city of Huntsville and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in constitutional amendment III [3].[1]

Amendment 306

Costs and Charges of Courts, and Compensation of Sheriff, in Bibb County.

The legislature of Alabama may hereafter, from time to time, by general or local laws, fix, regulate, and alter the costs, charges of courts, fees, commissions, allowances, or compensation to be charged or received by the sheriff of Bibb county, and may also fix, regulate, and alter the method or basis of compensating such officer.[1]

Amendment 307

Use of Proceeds of Special Tax Levied in Chambers County Pursuant to Amendment No. 72.

Whenever the tax authorized to be levied by amendment No. LXXII [72] to the Constitution shall have been approved by vote of the qualified electors of Chambers county and levied by the governing body of the county, the proceeds of such tax may be used for any health purposes of the county, including providing of health facilities of all kinds and of health services; and the governing body of Chambers county may, in its discretion, expend any part of the proceeds thereof in cooperation with any one or more of the municipalities of the county, or in cooperation with any public or private nonprofit hospital corporation; or the county governing body may cooperate in the consolidation of all such hospitals, facilities and services in Chambers county and expend all or any part of the proceeds of the said tax in support thereof.[1]

Amendment 308

Economic Development of Marengo County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Marengo county acting through the county governing body shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3 To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Marengo county, or may be limited as to the source of their payment.

The recital in any bonds, warrants, notes or other obligations or evidence of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidence of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidence of indebtedness issued hereunder shall not be considered an indebtedness of Marengo county for the purpose of determining the borrowing capacity of the county under section 224 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 215 of the Constitution and all amendments thereto.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation in the same manner as other county taxes are levied and collected. Such tax may be upon all property in the county, or upon all property in any district the boundaries of which the governing body of such county shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidence of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidence of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body subject to such limitations as the governing body of Marengo county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.

Marengo county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose. The governing body of the county may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published once a week for three successive weeks before the election.

This amendment shall be self-executing; but the legislature may enact general, special or local laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.[1]

Amendment 309

Special School District Tax in Lee County.

In addition to all other taxes now or hereafter authorized, the governing body of Lee county, in the state of Alabama, is authorized to levy, in the school district of the said county that comprises all of the territory of the said county outside of the corporate limits of the cities of Auburn and Opelika, a special district tax at a rate not exceeding 50¢ on each $100 of the valuation of the taxable property in the said district as assessed for state taxation; provided, that no such tax shall be levied hereunder unless the rate of the said tax, the time it is to continue, and the purpose thereof shall have been first submitted to the vote of the qualified electors of the said district and voted for by a majority of those voting in such election; provided, further, that if a majority of the qualified electors of the said district participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the levy of the said tax, without an additional election, for a period of thirty consecutive years commencing with the levy for the tax year beginning October 1, 1969. Each election on the levy of the said tax held subsequent to the ratification of this amendment shall be called, held, conducted and canvassed, and notice thereof shall be given, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the levy of district school taxes under the provisions of amendment III [3] to the Constitution, except that the holding of any such election in the said district or the collection of the said tax therein shall not be dependent upon the levy and collection of any other tax, including specifically the three-mill special county school tax provided for in the said amendment III [3]. If the majority of the qualified electors of the said district participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the said district voting at any election called by the governing body of Lee county under the provisions of this amendment should not vote in favor of the levy of the said tax proposed at the election so called, the governing body of Lee county may from time to time call other elections hereunder on the levy of the said tax, but not more than one such election shall be held during any period of twelve consecutive months.

Nothing contained in this amendment shall be construed to authorize the levy of an additional tax on any property within the corporate limits of either the city of Auburn or the city of Opelika.[1]

Amendment 310

Special School District Taxes in Talladega County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Talladega county shall have the power to levy and collect a special district tax of fifty cents on each one hundred dollars' worth of taxable property in such districts for public school purposes; provided, that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election, the election to be held in the same manner as provided by Code of Alabama 1940, Title 52, chapter 10, article 7 for an election on the school district tax authorized in article XIX [amendment No. 3, article XIX] of the Constitution of Alabama. The funds arising from such special tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct.[1]

Amendment 311

Special Property Tax for General Health Purposes in Lawrence, Limestone and Morgan Counties.

In addition to all taxes now, or hereafter authorized by the Constitution and laws of Alabama, the counties of Lawrence, Limestone and Morgan, in this state, each, shall have the power to levy and collect a special tax up to 3 mills on each dollar's worth of taxable property in the county, the proceeds of which shall be used exclusively for general health purposes; provided that such tax and the purpose or purposes thereof, and the times such taxes are proposed to be continued, shall have first been submitted to the vote of the qualified electors of each of such counties, and voted for by the majority of those voting at such elections in all three such counties. The special tax provided herein may be renewed from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy the taxes is defeated in any election, subsequent elections thereon may be held at any time. The elections provided for herein shall be called, held, conducted, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama and by article 7, chapter 10, Title 52 of the Code of Alabama 1940; but the governing bodies of the counties of Lawrence, Limestone and Morgan shall each provide for paying the expense of the election in its county.

The county tax collector of each of such counties shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in the manner prescribed by the governing body of the county and the revenue derived from the tax levied hereunder shall be used for general health purposes in the county where levied or in cooperation with the other two counties named above.[1]

Amendment 312

Economic Development of Bibb County and Municipalities Therein.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the county governing body and/or any municipality in Bibb county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid or [of], or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers of authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or any municipality in Bibb county or upon all property in any district the boundaries of which the governing body of the county or a municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocable [irrevocably] to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any municipality in Bibb county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the governing body of the county or any municipality in Bibb county.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the county or any municipality in Bibb county for the purpose of determining the borrowing capacity of the county or any such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Neither the county nor any municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county or the affected municipality. The governing body of the county or any municipality in the county may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 313

Economic Development of Hale County and Municipalities Therein.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the county governing body and/or any municipality in Hale county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or any municipality in Hale county or upon all property in any district the boundaries of which the governing body of the county or municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any municipality in Hale county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the governing body of the county or any municipality in Hale county.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the county or any municipality in Hale county for the purpose of determining the borrowing capacity of the county or any such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Neither the county nor any municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county or the affected municipality. The governing body of the county or any municipality in the county may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.[1]

Amendment 314

Amendment of Amendment No. 239.

Amendment CCXXXIX [239] of the Constitution of Alabama. The legislature may provide for the formation of districts in Jefferson county, Alabama, for establishing and maintaining a system for fighting or preventing fires, also for the collection and disposal of garbage and trash; provided, however, that no territory lying within the limits of a municipal corporation at the time of the establishment of any such district shall be included within such district; and provided further, that no such district shall be established unless the establishment thereof has been first approved by the qualified electors residing within the proposed district at an election held as provided for by a law or laws adopted by the legislature. A district may be established for either or both of the aforesaid purposes. The legislature may provide for submitting to the qualified electors within the proposed district the question of whether the district shall be created for either or both of the aforesaid purposes.

The expenses of establishing and maintaining any such fire-fighting and fire prevention system or any such garbage collection and disposal system in a district, as the case may be, shall be paid for exclusively by the proceeds of a service charge, which shall be levied and collected in an amount sufficient to pay the said expenses.

Said service charges shall be levied upon and collected from the persons and property to whom and to which such services are available; and the service charge shall be a lien upon any such property.

The legislature may provide for the enlargement of a district by the addition of territory thereto, subject to the following conditions: (1) No territory lying within a municipal corporation at the time of such enlargement shall be added to a district; (2) subject to (3), next below, no territory shall be added unless the qualified electors thereof have approved the addition of such territory to the district; (3) the legislature may provide a procedure whereby territory will be included in a district upon the written petition for its inclusion signed by at least seventy percent (70%) of the qualified electors residing within said territory.

The legislature shall adopt laws providing for the administration of the affairs of the district by the governing body of the district, the governing body of the county or by any agency of the county, and empowering the body administering the affairs of the district to levy and collect the service charge, subject to such restrictions and conditions as the legislature imposes. The legislature may provide that any such service charge shall not become effective unless approved by the electors of the territory, and may provide the conditions on which an election on such service charge shall be held.

The legislature shall be authorized to enact laws providing for the collection and enforcement of the service charges and of the lien for such charges.

The legislature may provide for the issuance of bonds for such districts with or without an election; provided, however, that all bonds issued hereunder shall be payable only out of the proceeds of the service charge authorized hereby, and no such bond shall be a general obligation of the county.[1]

Amendment 315

Promotion of Soybean Industry.

The legislature may hereafter, by general law, provide for the promotion of the production, distribution, improvement, marketing, use and sale of soybeans. The legislature may provide for the promotion of soybeans and soybean products by research, education, advertising and other methods, and the legislature is further authorized to provide means and methods for the financing of any such promotional activity by prescribing a procedure whereby producers of soybeans may by referendum among such producers levy upon themselves and collect assessments, fees, or charges upon the sale of soybeans for the financing of any such promotional program or activity in cooperation with buyers, processors, dealers, and handlers of soybeans. Provided, no assessment levied hereunder shall exceed one-half cent ( 1/2 ¢) per bushel on any soybeans sold by producers thereof. The legislature may make provisions for the nonpayment of assessments by soybean producers, and shall make provisions for the refund of assessments to any soybean producer who does not desire to participate in an assessment program. The legislature shall provide for the collection, disbursement, distribution or expenditure of assessments or charges authorized hereunder and to provide penalties for failure to make collection and distribution of assessments. The legislature shall provide for the designation of a nonprofit association or organization for the promotion and betterment of soybeans and soybean products to administer and carry out such promotional program which shall include the conducting of elections or referendums among producers of soybeans. The legislature may provide the manner by which such referendum is held, including the procedure for application for approval to conduct the referendum, the appropriate action to be taken by the state board of agriculture and industries on such application, the requirements and eligibility of the association or organization which will conduct such referendum, the procedures for voting and eligibility to vote in such referendum, the details of the conduct of such referendum. The legislature shall further provide for the deposit, withdrawal, disbursement and expenditure by the designated association of any funds received subject to the supervision and control of the activities as authorized herein by the department of agriculture and industries and the state board of agriculture and industries. The legislature shall further provide a procedure whereby said association or organization is bonded, for the examination and auditing of said association or organization, and for reasonably necessary rules and regulations to be adopted by the state board of agriculture and industries to effectively carry out the intent and purposes herein enumerated. Assessments, fees or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this constitution or any provision thereof. Any uniformity requirements of this constitution shall be satisfied by the application of the program upon soybeans.[1]

Amendments

  • Amended by: Amendment 401, Alabama Constitution

Amendment 316

Special Tax in Mountain Brook School District in Jefferson County.

In addition to all taxes now authorized or that may hereafter be authorized by the Constitution of Alabama to be levied by the special school district in Jefferson county known as the Mountain Brook school district (which immediately prior to the adoption of this amendment comprised the territory embraced within the corporate limits of the city of Mountain Brook), including any additional territory that may hereafter be added to the said district, shall have power to levy and collect, for public school purposes in the said district, a special district ad valorem tax at a rate or rates not exceeding in the aggregate sixty cents on each one hundred dollars (equivalent to six mills on each dollar) of the assessed valuation of the property in the said district subject to taxation by it.

No tax shall be levied under the authority of this amendment until after the question of the levy of such tax, the rate thereof, the time it is to continue, and the purpose thereof shall have been first submitted to the vote of the qualified electors of the said district at an election duly called for that purpose by the governing body of the said county and a majority of the qualified electors of the said district voting at such election shall have voted in favor of the levy of the said tax; provided, that if a majority of the qualified electors of the said district participating in the election on the adoption of this amendment shall vote for such adoption, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself constitute approval of the levy of the said tax at the rate of sixty cents on each one hundred dollars of the said assessed valuation for a period of thirty years commencing with the levy for the tax year for which county ad valorem taxes will become due and payable on the October 1 next succeeding the date of such election and no additional election by the electors of the said district shall be required to authorize the levy of the said tax at the said rate and for the said period of time. If the majority of the qualified electors of the said district participating in the election on the adoption of this amendment should not vote for such adoption, or if the majority of the qualified electors of the said district voting at any election subsequently called by the governing body of the said county under the provisions of this amendment should not vote in favor of the levy of the said tax at an election so called, the governing body of the county may from time to time call other elections hereunder on the question of the levy of the said tax, but not more than one such election shall be held during any period of twelve consecutive months.

Each election that may be called by the governing body of the said county on the question of the levy of the district tax herein authorized shall be called and held and the results thereof declared in the same manner and at the same time as may be provided by law for the calling and holding of school district taxes generally, and the said tax shall be levied and collected in the same manner and at the same times as may be provided by law for the levy and collection of school district taxes generally; provided, that no countywide tax shall be required as a condition precedent to the calling or holding of any such election or to the levy or collection of the district tax herein authorized. The proceeds from any district tax levied under this amendment shall be expended solely for public school purposes in the said district.[1]

Amendment 317

Retirement, Censure, Suspension and Removal of Judges; Judicial Commission.

1. As used in this amendment: "Judge" means a justice of the supreme court, a judge of the court of appeals, or a judge of any circuit court, probate court, municipal court, or other court of record. "Commission" means judicial commission. "Retire" means to place on supervisory status if available. "Chairman" includes the acting chairman. "Masters" means special master appointed by the supreme court upon request of the commission. "Presiding master" means a master so designated by the supreme court or in the absence of such designation, the judge first named in the order appointing masters. "Shall" is mandatory and "may" is permissive.

2. A judicial commission is hereby created which shall be authorized to investigate, conduct hearings on the qualifications of judges and make recommendations to the supreme court in regard to the retirement, censure, suspension or removal of such judges. The commission shall consist of: one judge of the court of appeals to be appointed by the supreme court; two judges of circuit courts to be appointed by the circuit judges association; one probate judge to be appointed by the probate judges association; one judge of a municipal court to be appointed by the supreme court; two practicing attorneys who shall be members in good standing of the state bar who shall have practiced law in this state for at least ten years and who shall be appointed by the board of commissioners of the state bar, and two citizens neither of whom shall be a judge, active or retired, nor a member of the state bar, and who shall be appointed by the governor subject to the approval of the Alabama senate. The terms of these members shall be for six years. Of the initial appointees, three (a circuit judge, the judge of the court of appeals and a citizen) shall be appointed for six years; three members (the municipal court judge, the probate judge and a practicing attorney) shall be appointed for four years; and three members (a circuit judge, a practicing attorney and a citizen) shall be appointed for three years. Commission membership shall terminate if a member ceases to hold the position that qualified him for appointment. A vacancy shall be filled by the appointing power for the remainder of the term; provided, that if the appointing power shall not fill the vacancy within sixty days, replacement shall be made by majority vote of the commission.

No member shall receive any compensation for his services as such but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties as such, which shall be paid from the state treasury on claims filed with the state comptroller.

No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman.

3. A judge, in accordance with the procedure prescribed in this section, may be censured, suspended, or removed for action occurring not more than six years prior to the commencement to his current term that constitutes willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or he may be retired for disability that seriously interferes with the performance of his duties and is or is likely to become permanent. The judicial commission may, after such investigation as the commission deems necessary, order a hearing to be held before it concerning the censure, suspension, removal or retirement of a judge, or the commission may in its discretion request the supreme court to appoint three special masters, who shall be justices or judges of courts of record, to hear and take evidence in any such matter, and to report thereon to the commission. If, after hearing, or after considering the record and report of the masters, the commission finds good cause therefor, it shall recommend to the supreme court the censure, suspension, removal or retirement, as the case may be, of the judge.

The supreme court shall review the record of the proceedings on the law and facts and in its discretion may permit the introduction of additional evidence and shall order censure, suspension, removal or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the judge shall be considered to have retired voluntarily and shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his salary shall cease from the date of such order. A judge removed by the supreme court shall be ineligible for judicial office and pending further order of the supreme court he shall be suspended from practicing law in this state.

All papers filed with and proceedings before the judicial commission or masters appointed by the supreme court, pursuant to this section, shall be confidential, and the filing of papers with and the giving of testimony before the commission or the masters shall be privileged; but no other publication of such papers or proceedings shall be privileged in any action for defamation except that (a) the record filed by the commission in the supreme court continues privileged and upon such filing loses its confidential character and (b) a writing which was privileged prior to its filing with the commission or the masters does not lose such privilege by such filing. The judicial conference shall by rule provide for procedure under this section before the judicial commission, the masters, and the supreme court. A judge who is a member of the commission or supreme court shall not participate in any proceedings involving his own censure, suspension, removal or retirement.

A judge shall be disqualified from acting as a judge, without loss of salary, while there is pending (1) an indictment on an information charging him in the United States with a crime punishable as a felony under Alabama or federal law or (2) a recommendation to the supreme court by the judicial commission for his censure, suspension, removal or retirement.

On recommendation of the commission or on its own motion, the supreme court may suspend a judge from office without salary when in the United States he pleads guilty or no contest or is found guilty of a crime punishable as a felony under Alabama or federal law or of any other crime that involves moral turpitude under that law. If his conviction is reversed, suspension terminates, and he shall be paid his salary for the period of suspension. If he is suspended and his conviction becomes final, the supreme court shall remove him from office.

4. This amendment is self-executing. The commission is authorized and directed to make rules not inconsistent with the provisions of this amendment implementing this amendment and providing for the confidentiality of proceedings.

5. The provisions of article VII, sections 173 and 174 are hereby repealed insofar as they relate to a judge as defined herein.

6. The legislature is authorized to provide a retirement program for judges of the circuit courts and various appellate courts now or hereafter created in this state.[1]

Amendment 318

Special Property Tax for Library Service in Morgan County.

The court of county commissioners, board of revenue or like governing body of Morgan county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding 5 mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for purposes of library service; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Elections under this amendment shall be called, held and conducted in the same way as elections on special school district tax levies.[1]

Amendment 319

Special Property Tax for Public Library Purposes in Baldwin County and Municipalities Therein.

A. In addition to all taxes now or hereafter authorized by the Constitution of Alabama, including amendment CCLXIX [269], Baldwin county or any incorporated municipality within such county which supports, jointly supports, or proposes to support a public library is hereby authorized to levy and collect a special tax of not more than forty-five cents on each one hundred dollars worth of taxable property within such county or municipality as assessed for state taxation. The proceeds of all such taxes shall be used exclusively for public library purposes; provided, that the levy of such tax, the rate of such tax and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county or municipality and voted for by a majority of those voting at such election.

B. Upon petition signed by four hundred or more qualified electors of Baldwin county to the Baldwin county commission or like governing body, or upon a petition signed by two hundred or more qualified electors of any municipality in such county to the governing body of such municipality, the county commission or the governing body of the municipality shall order an election to be held to determine whether a special tax shall be levied at the rate specified by the governing body of such county or municipality for public library purposes.

C. Elections under this amendment relative to additional county taxes for county public library purposes shall be held at the same time any other general or special election is held in which the voters of the entire county are qualified to vote, and elections under this amendment relative to municipal taxes for municipal library purposes shall be held at the same time any other municipal election is held.

D. If authorized by the vote of the majority of the qualified electors voting in any such election called for the purpose, the county or city governing body, as the case may be, shall levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem tax at the rate prescribed and approved by the electors voting in the election. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than forty-five cents on each one hundred dollars worth of taxable property, then the governing body of the county or city, as the case may be, may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding a total amount of forty-five cents on each one hundred dollars of taxable property, and must call any such election at the next general or special countywide election or next municipal election, as the case may be, next following the receipt of a petition in the manner and form herein prescribed. Provided, however, that not more than one election upon the levy or upon the increase of the rate of the special tax shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of three years, the governing body of the county or city, as the case may be, upon its own original action may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction on the rate thereof, upon the payment in full of all obligations then outstanding, if any, and when a reduced rate will provide sufficient revenue for the purposes for which the tax was levied. If the majority of electors participating in the election vote in favor of the discontinuance or reduction in the rate of the tax, as the case may be, such discontinuance or reduction shall become effective for the tax year next succeeding the tax year in which such election is held. Provided, that not more than one election for the discontinuance or reduction in the rate of the special tax shall be held during any period of twelve consecutive months. All such elections shall be called, held and conducted in the same manner as are elections proposing the special tax.[1]

Amendment 320

Bonds for School Buildings in Madison County.

Madison county is hereby authorized to incur indebtedness to the extent of not exceeding $2,000,000 in aggregate principal amount, and to issue its bonds in evidence of the indebtedness so incurred, for the purpose of acquiring, providing, constructing and equipping public school buildings in said county and of acquiring sites therefor. Such bonds may be issued only after the question of the issuance thereof shall have been submitted to the qualified electors of said county and an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of said bonds, which election shall be called, held, conducted, and canvassed, and may be contested, in the manner and within the time provided by the then existing laws of Alabama pertaining to elections on the issuance of bonds by counties; provided however, that if a majority of the qualified electors of said county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the voters of said county in favor of its adoption shall of itself authorize the issuance of the bonds, and in that event no additional election by the electors of said county shall be required to authorize the issuance of said bonds. In the event the majority of the qualified electors of said county participating in the election on the adoption of this amendment should not vote in favor of the adoption thereof, or in the event the majority vote at any election held in said county pursuant to the provisions of this amendment after its adoption is not in favor of the issuance of the bonds proposed at said election, the governing body of said county may from time to time call other elections hereunder on the issuance of said bonds, but not more than one such election shall be held during any period of twelve consecutive months. The power to become indebted and to issue bonds in evidence of such indebtedness shall be in addition to all other powers which the said county may have under the constitution and laws of Alabama, and any bonds issued pursuant to this amendment shall not be chargeable against the amount of indebtedness which said county may incur under the constitution and laws of Alabama in effect prior to the adoption of this amendment. All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit, may (any provisions of the constitution and laws of this state to the contrary notwithstanding) be additionally secured by a special and irrevocable pledge of a sufficient amount of the proceeds from the special 1/4 of 1% ad valorem tax authorized by section 215 of the Constitution of Alabama, as amended, to be levied and collected by the county, shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties.[1]

The provisions of this amendment shall be self-executing.

Amendment 321

Court Costs, Fees, Compensation, etc., of Certain Officers in Lawrence County.

The legislature may, from time to time, by general or local laws applicable to or operative in Lawrence county, fix, regulate, and alter the costs and charges of court and the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, tax assessor, tax collector, and the clerk and register of the circuit court of Lawrence county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid.[1]

Amendment 322

Registration of Electors by Mail.

The legislature may enact appropriate legislation providing further for the registration of qualified electors by authorizing and providing for registration by mail of persons, who, for such reasons as the legislature determines to be reasonable, are absent from the place of their residences at the time prescribed by law for registering to vote therein.[1]

Amendment 323

Abolition of Offices of Justice of the Peace and Notary Public With the Powers and Jurisdiction of a Justice of the Peace.

Section 168 of article VI of the Constitution of Alabama is repealed insofar as it provides for the election or appointment of justices of the peace and notaries public with the powers and jurisdiction of a justice of the peace. The officers of all justices of the peace and notaries public with the powers and jurisdiction of a justice of the peace are hereby abolished. The legislature shall not authorize or provide for the election or appointment of justices of the peace or notaries public with the powers and jurisdiction of a justice of the peace, nor shall the governor be authorized or have the power to appoint notaries public with the powers of a justice of the peace. Inferior courts existing in lieu of justices of the peace shall continue in existence until abolished by the legislature and shall in no way be affected by the provisions of this amendment.[1]

Amendment 324

Special Tax for Improving Enforcement of Laws Relative to, and Providing Facilities for, Juveniles in Lee County.

Lee county shall have power to levy and collect a special county tax not exceeding ten cents on each one hundred dollars worth of taxable property in the county as assessed for state taxation in addition to all other taxes now or hereafter authorized, the proceeds of which shall be used for the purpose of improving the enforcement in Lee county of laws relative to neglected, delinquent and dependent children and enlarging, improving and providing new services to and facilities for handling neglected, delinquent and dependent children, including capital improvements for such purposes, provided the rate of the tax and the time it is to continue and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election.

If a majority of the qualified electors of Lee county who participate in the election held on the adoption of this amendment vote in favor thereof, the governing body of Lee county must levy and collect the special tax as herein authorized at the maximum rate specified for each of the ... tax years next ensuing.

If a majority of the qualified electors of Lee county voting on this amendment vote against its adoption, the governing body of Lee county may thereafter from time to time call other elections on the question of levying the special tax as herein authorized and must call such an election within three months after receipt by the said county governing body of a petition signed by not less than five percent of the qualified electors of Lee county. After the special tax herein authorized shall have been levied for a period of ... years, the governing body of Lee county shall, on petition signed by not less than five percent of the qualified electors of the county, call an election on the question of discontinuance of the tax. If a majority of the electors voting upon the question shall vote in favor of discontinuance of the tax then the special tax shall be discontinued at the end of the tax year following the election. Such elections shall be called, held, conducted and canvassed in such manner as the governing board of Lee County shall provide.

The county governing body and any city or town of Lee county may from time to time appropriate county or municipal funds, as the case may be, for the same purposes for which the additional taxes hereby authorized may be levied.[1]

Amendment 325

See also: Section 217, Article XI, Alabama Constitution

Amendment of Section 217.

Classification of taxable property for purposes of ad valorem taxation; taxable property to be taxed by state, counties, municipalities, etc., at same rate; assessment ratios for purposes of ad valorem taxation; increase or decrease of ad valorem tax rate by counties, municipalities, etc.; exemption of state, county and municipal property and property used for religious, educational or charitable purposes from taxation; legislature may provide exemptions from taxation; interpretation of authority for counties, municipalities, etc., to levy taxes, incur indebtedness, etc., in relation to assessment of property; maximum rate of ad valorem tax in any one taxable year.

(a) All taxable property within this state, not exempt by law, shall be divided into the following classes for the purposes of ad valorem taxation:

Class I. All property of utilities used in the business of such utilities,

Class II. All property not otherwise classifed,

Class III. All agricultural, forest and residential property.

(b) With respect to ad valorem taxes levied by the state, all taxable property shall be forever taxed at the same rate, and such property shall be assessed for ad valorem tax purposes according to the classes thereof as herein defined at the following ratios of assessed value to the fair and reasonable market value of such property:

Class I. 30 per centum

Class II. 25 per centum

Class III. 15 per centum

(c) With respect to ad valorem taxes levied by counties, municipalities or other taxing authority, all taxable property shall be forever taxed at the same rate, and such property shall be assessed for ad valorem tax purposes according to the classes of property defined in paragraph (a) herein and at the same ratios of assessed value to the fair and reasonable market value thereof as fixed in paragraph (b) herein, provided, however, that the legislature may vary the ratio of assessed value to the fair and reasonable market value as to any class of property as defined in paragraph (b) herein, and provided, further, that the legislature may fix a uniform ratio of assessment of all property within a county defined in paragraph (a) herein as Class II and III and may fix a different ratio of assessment for property defined in paragraph (a) as Class I. Such ratios as herein authorized may vary among counties so long as each such ratio is uniform within a county.

No class of property shall have a ratio of assessed value to fair and reasonable market value of less than 15 per centum nor more than 35 per centum.

(d) A county, municipality, or other taxing authority may decrease any ad valorem tax rate at any time, provided such decrease shall not jeopardize the payment of any bonded indebtedness secured by such tax. When the tax assessor of each county shall complete the assembly of the assessment book for his county for the ad valorem tax year immediately following the adoption of this amendment and the computation of ad valorem taxes that will be paid upon such assessment, he shall certify to each authority within his county that levies an ad valorem tax the amount of ad valorem tax that will be produced by every levy in that year but excluding for this purpose any assessment of property added to the tax rolls of such county for the tax year in which such certification is made that was not included on the tax rolls for the next preceding tax year. If it shall appear that the estimated ad valorem tax receipts from any levy so estimated shall be less than the receipts from the same levy during the next preceding ad valorem tax year, then the levying authority shall increase each tax rate by such millage as is necessary to produce revenue that is not less than and that is substantially equal to that received during such immediately preceding tax year. It is further provided that any and all millage adjustments shall be made in increments of not less than 1/2 mill. The adjustment herein required shall be made only one time and shall be made in the ad valorem tax year immediately following the adoption of this amendment.

(e) Any county, municipality, or other taxing authority may increase the rate at which ad valorem taxes are levied above the limit now provided in the Constitution provided that the proposed increase shall have been (1) proposed by the authority having power to levy the tax after a public hearing on such proposal, (2) thereafter approved by an act of the legislature, and (3) subsequently approved by a majority vote of the qualified electors of the area in which the tax is to be levied or increased who vote on the proposal.

(f) The legislature is authorized to enact legislation to implement the provisions of this amendment, and may provide for exemptions from taxation; provided, however, that any statutory exemption existing prior to the adoption of this amendment shall not be repealed, except by subsequent legislative act, and shall remain in full force and effect.

(g) Wherever any constitutional provision or statute provides for, limits or measures the power or authority of any county, municipality or other taxing authority to levy taxes, borrow money, or incur indebtedness in relation to the assessment of property therein for state taxes or for state and county taxes such provision shall mean as assessed for county or municipal taxes as the case may be.

(h) Any provision of the Constitution of Alabama to the contrary notwithstanding, ad valorem taxes shall never exceed 1 1/2% of the fair and reasonable market value of the property in any one taxable year.

(i) The following property shall be exempt from all ad valorem taxation: the real and personal property of the state, counties and municipalities and property devoted exclusively to religious, educational or charitable purposes.[1]

Amendment 326

Consolidation of Officers and Regulation of Fees, Compensation, etc, of Officers in Dale County; Regulation of Court Costs and Charges in Dale County.

Provided that the approval of the act by the qualified electors of Dale county at a referendum election is a prerequisite to the taking effect thereof:

1. The legislature may from time to time, by general or local law, fix, alter and regulate the fees, commissions, percentages, allowances and compensation to be charged and received by any official of Dale county, including the right to place any of such officers on a salary, provide for the operation of their respective offices on such basis, and provide that any and all fees, commissions, percentages or allowances charged or collected by them shall be paid into the county treasury.

2. The legislature may from time to time, by general or local law, provide for the transfer of the duties, or part of the duties, of one county officer of Dale county to another officer of such county; or consolidate any two or more offices of such county into one county office and provide for the abolition of the office or offices left without duties, or create a completely new office in such county and transfer to such office a part of the duties of each of several other offices without abolishing any office in such county; provided that the officer or officers to fill the offices involved will be compensated for the performance of the duties of their offices by a salary fixed according to law.

Provided, however, no law enacted prior to the ratification of this amendment putting any officer of Dale county on a salary basis, nor any law providing for the consolidation of any offices of such county shall have any force or effect, even though such act provided that it should become effective upon adoption of an amendment to the Constitution authorizing such act.

The legislature may also, from time to time, by general, special or local laws, fix, regulate and alter the cost and charges of courts in Dale county, and the method of disbursement thereof.[1]

Amendment 327

Promotion of Production, Research, etc., of Swine and Swine Products.

Notwithstanding any other provision of this Constitution, the legislature may hereafter, by general law, provide for the promotion of, the production, research, distribution, marketing, use, improvement and sale of swine and swine products. The legislature may provide for the promotion of swine and the swine industry by research, education, advertising and other methods, and the legislature is further authorized to provide means and methods for the financing of any such promotional activity by prescribing a procedure whereby producers of swine may by referendum held among the swine producers in this state levy upon themselves and collect assessments, fees, or charges upon the sale of swine for the financing of any promotional program or activity in cooperation with processors, dealers and handlers, of swine and swine products. Provided, no assessment levied hereunder shall exceed five cents (5¢) on market hogs and three cents (3¢) on feeder pigs sold by swine producers. The legislature may make provisions for the nonpayment of assessments by swine producers and shall make provisions for the refund of assessments to any swine producer dissatisfied with the assessment program. The legislature shall provide for the collection and distribution of any such assessments or charges by dealers, handlers, processors and purchasers of swine and swine products and provide penalties for failure to make collection and distribution of such assessments. The legislature shall provide for the designation of a nonprofit association or organization organized for the promotion and betterment of swine and swine products to administer and carry out such promotional program which shall include the conducting of elections or referendums among swine producers. The legislature may provide the manner by which such referendum is held, including the procedure for application for approval to conduct the referendum, the appropriate action to be taken by the state board of agriculture and industries on such application, the requirements and eligibility of the association or organization which will conduct such referendum, the procedures for voting and eligibility to vote in such referendum and the details of the conduct of such referendum. The legislature shall further provide for the deposit, withdrawal, disbursement and expenditure by the designated association of any funds received subject to the supervision and control of the activities as authorized herein by the department of agriculture and industries and the state board of agriculture and industries. The legislature shall further provide a procedure whereby said association or organization, and for reasonably necessary rules and regulations to be adopted by the state board of agriculture and industries to effectively carry out the intent and purposes herein enumerated. Assessments, fees or other charges collected as authorized by any legislative act adopted in pursuance hereof shall not be considered as a tax within the meaning of this Constitution or any provision thereof. Any uniformity requirements of this Constitution shall be satisfied by the application of the program upon swine and swine products.[1]

Amendment 328

See also: Article VI, Alabama Constitution

Amendment of Article VI.

Article VI of the Constitution of Alabama of 1901, as amended, and amendments 317 and 323 thereof, are hereby repealed and in lieu thereof the following article shall be adopted:

ARTICLE VI.

THE JUDICIAL DEPARTMENT.

6.01 Judicial power.

(a) Except as otherwise provided by this Constitution, the judicial power of the state shall be vested exclusively in a unified judicial system which shall consist of a supreme court, a court of criminal appeals, a court of civil appeals, a trial court of general jurisdiction known as the circuit court, a trial court of limited jurisdiction known as the district court, a probate court and such municipal courts as may be provided by law.

(b) The legislature may create judicial officers with authority to issue warrants and may vest in administrative agencies established by law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which the agencies are created.

6.02. The supreme court.

(a) The supreme court shall be the highest court of the state and shall consist of one chief justice and such number of associate justices as may be prescribed by law.

(b) The supreme court shall have original jurisdiction (1) of cases and controversies as provided by this Constitution, (2) to issue such remedial writs or orders as may be necessary to give it general supervision and control of courts of inferior jurisdiction, and (3) to answer questions of state law certified by a court of the United States.

(c) The supreme court shall have such appellate jurisdiction as may be provided by law.

6.03. Courts of appeals.

(a) The court of criminal appeals shall consist of such number of judges as may be provided by law and shall exercise appellate jurisdiction under such terms and conditions as shall be provided by law and by rules of the supreme court.

(b) The court of civil appeals shall consist of such number of judges as may be provided by law and shall exercise appellate jurisdiction under such terms and conditions as shall be provided by law and by rules of the supreme court.

(c) The court of criminal appeals and the court of civil appeals shall have no original jurisdiction except the power to issue all writs necessary or appropriate in aid of appellate jurisdiction of the courts of appeals.

(d) The court of criminal appeals shall have and exercise original jurisdiction in the issuance and determination of writs of quo warranto and mandamus in relation to matters in which said court has appellate jurisdiction. Said court shall have authority to issue writs of injunction, habeas corpus and such other remedial and original writs as are necessary to give it a general superintendence and control of jurisdiction inferior to it and in matters over which it has exclusive appellate jurisdiction; to punish for contempts by the infliction of a fine as high as one hundred dollars, and imprisonment not exceeding ten days, one or both, and to exercise such other powers as may be given to said court by law.

6.04. Circuit court.

(a) The state shall be divided into judicial circuits. For each circuit, there shall be one circuit court having such divisions and consisting of such number of judges as shall be provided by law.

(b) The circuit court shall exercise general jurisdiction in all cases except as may otherwise be provided by law. The circuit court may be authorized by law to review decisions of state administrative agencies and decisions of inferior courts. It shall have authority to issue such writs as may be necessary or appropriate to effectuate its powers, and shall have such other powers as may be provided by law.

6.05. District court.

The district court shall be a court of limited jurisdiction and shall exercise uniform original jurisdiction in such cases, and within such geographical boundaries, as shall be prescribed by law, provided that the district court shall hold court in each county seat and at such other places as prescribed by law. The district court shall have jurisdiction of all cases arising under ordinances of municipalities in which there is no municipal court and shall hold court in each incorporated municipality of a population of 1000 or more where there is no municipal court at places prescribed by law.

6.06. Probate court.

There shall be a probate court in each county which shall have jurisdiction as may be provided by law.

6.065 Municipal courts.

All municipal courts shall have uniform original jurisdiction limited to cases arising under municipal ordinances as prescribed by law. Judges of municipal courts shall be licensed to practice law in the state and have such other qualifications as the legislature may prescribe. A municipal judge may serve as a judge of more than one municipal court. Expenses of municipal courts and compensation of municipal judges shall be paid in a manner prescribed by law notwithstanding the provisions of section 6.09 of this article. Municipal judges shall be appointed and vacancies filled by the governing body of the municipality, in accordance with uniform terms, conditions and procedures as may be provided by law, notwithstanding the provisions of sections 6.13, 6.14 and 6.15 of this article. The prohibited activities of section 6.08(a) and (b) shall not be applicable to a judge of a municipal court.

The governing body of a municipality shall have the right to elect at any time to abolish the municipal court within its limits. If such election is exercised, the jurisdiction of the court abolished shall be transferred to the district court of the district in which the municipality is located. The governing body of a municipality, may, at its election, re-establish a municipal court after appropriate notice.

6.07 Qualifications of judges.

Judges of the supreme court, courts of appeals, circuit court and district court shall be licensed to practice law in this state and have such other qualifications as the legislature may prescribe. Judges of the probate court shall have such qualifications as may be provided by law.

6.08. Prohibited activities.

(a) No judge of any court of this state shall, during his continuance in office, engage in the practice of law or receive any remuneration for his judicial service except the salary and allowances authorized by law.

(b) No judge, except a judge of a probate court, shall seek or accept any nonjudicial elective office, or hold any other office of public trust, excepting service in the military forces of the state or federal governments.

(c) The supreme court shall adopt rules of conduct and canons of ethics, not inconsistent with the provisions of this Constitution, for the judges of all courts of this State.

6.09 Judicial compensation.

(a) A state judicial compensation commission is hereby created which shall recommend the salary and expense allowances to be paid from the state treasury for all the judges of this state except for judges of the probate court. The commission shall consist of five members; one shall be appointed by the governor, one by the president of the senate, one by the speaker of the house, and two by the governing body of the Alabama state bar.

(b) Members of the judicial compensation commission shall serve for terms of four years. Any vacancy on the commission shall be filled in the same manner in which such position was originally filled. The legislature shall appropriate sufficient funds for the expenses of the commission.

(c) No member of the commission shall hold any other public office, or office in any political party, and no member of the commission shall be eligible for appointment to a state judicial office so long as he is a member of the commission and for two years thereafter.

(d) The commission may submit a report to the legislature at any time within the first five calendar days of any session. The recommendations of the commission shall become law unless rejected by a joint resolution or altered by an act of the legislature at the session to which the report is submitted. The compensation of a judge shall not be diminished during his official term.

6.10 Administration.

The chief justice of the supreme court shall be the administrative head of the judicial system. He shall appoint an administrative director of courts and other needed personnel to assist him with his administrative tasks. The chief justice may assign appellate justices and judges to any appellate court for temporary service and trial judges, supernumerary justices and judges, and retired trial judges and retired appellate judges for temporary service in any court. Adequate and reasonable financing for the entire unified judicial system shall be provided. Adequate and reasonable appropriations shall be made by the legislature for the entire unified judicial system, exclusive of probate courts and municipal courts. The legislature shall receive recommendations for appropriations for the trial courts from the administrative director of courts and for the appellate courts from each such court.

6.11 Power to make rules.

The supreme court shall make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, however, that such rules shall not abridge, enlarge or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided, further, that the right of trial by jury as at common law and declared by section 11 of the Constitution of Alabama 1901 shall be preserved to the parties inviolate. These rules may be changed by a general act of statewide application.

6.12. Number of circuit and district judges.

(a) The supreme court shall establish criteria for determining the number and boundaries of judicial circuits and districts, and the number of judges needed in each circuit and district. If the supreme court finds that a need exists for increasing or decreasing the number of circuit or district judges, or for changing the boundaries of judicial circuits or districts, it shall, at the beginning of any session of the legislature, certify its findings and recommendations to the legislature.

(b) If a bill is introduced at any session of the legislature to increase or decrease the number of circuit or district judges, or to change the boundaries of any judicial circuit or district, the supreme court must, within three weeks, report to the legislature its recommendations on the proposed change. No change shall be made in the number of circuit or district judges, or the boundaries of any judicial circuit or district unless authorized by an act adopted after the recommendation of the supreme court on such proposal has been filed with the legislature.

(c) An act decreasing the number of circuit or district judges shall not affect the right of any judge to hold his office for his full term.

6.13. Election of judges.

All judges shall be elected by vote if the electors within the territorial jurisdiction of their respective courts.

6.14. Vacancies in judicial office.

The office of a judge shall be vacant if he dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor; however, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law. A judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he has completed one year in office. At such election such judicial office shall be filled for a full term of office beginning at the end of the appointed term.

6.15. Tenure of office.

(a) The term of office of each judge of a court of the judicial system of this state shall be six years.

(b) A law reducing the number of judges of the supreme court or of a court of appeals shall be without prejudice to the right of the judges affected to seek retention in office. The reduction shall become effective when a vacancy in the affected court occurs.

6.16. Retirement.

The legislature shall provide by law for the retirement of judges, including supernumerary judges, with such conditions, retirement benefits, and pensions for them and their dependents as it may prescribe. No person shall be elected or appointed to a judicial office after reaching the age of seventy years, provided that a judge over the age of seventy may be appointed to the office of supernumerary judge if he is not eligible to receive state judicial retirement benefits.

6.17. Judicial inquiry commission.

(a) A judicial inquiry commission is created consisting of seven members. The supreme court shall appoint one appellate justice or judge and the circuit judges' association shall appoint two judges of the circuit as members of the commission. The governor shall appoint two persons who are not lawyers and the governing body of the Alabama state bar shall appoint two members of the state bar to serve as members of the commission. The commission shall select its own chairman. The terms of the members of the commission shall be four years. A vacancy on the commission shall be filled for a full term in the manner the original appointment was made.

(b) The commission shall be convened permanently with authority to conduct investigations, receive or initiate complaints concerning any judge of a court of the judicial system of this state. The commission shall file a complaint with the court of the judiciary in the event that a majority of the members of the commission decide that a reasonable basis exists, (1) to charge a judge with violation of any canon of judicial ethics, misconduct in office, failure to perform his duties, (2) to charge that the judge is physically or mentally unable to perform his duties. All proceedings of the commission shall be confidential except the filing of a complaint with the court of the judiciary. The commission shall prosecute the complaints.

(c) The supreme court shall adopt rules governing the procedures of the commission.

(d) The commission shall have subpoena power and authority to appoint and direct its staff. Members of the commission who are not judges shall receive per diem compensation and necessary expenses; members who are judges shall receive necessary expenses only. The legislature shall appropriate funds for the operation of the commission.

6.18. Court of the judiciary.

(a) The court of the judiciary is created consisting of one judge of an appellate court, who shall be selected by the supreme court and shall serve as chief judge of the court of the judiciary, two judges of the circuit court, who shall be selected by the circuit judges' association, and two members of the state bar, who shall be selected by the governing body of the Alabama state bar. The court shall be convened to hear complaints filed by the judicial inquiry commission. The court shall have authority, after notice and public hearing (1) to remove from office, suspend without pay, or censure a judge, or apply such other sanction as may be prescribed by law, for violation of a canon of judicial ethics, misconduct in office, failure to perform his duties, or (2) to suspend with or without pay, or to retire a judge who is physically or mentally unable to perform his duties.

(b) A judge aggrieved by a decision of the court of the judiciary may appeal to the supreme court. The supreme court shall review the record of the proceedings on the law and the facts.

(c) The supreme court shall adopt rules governing the procedures of the court of the judiciary.

(d) The court of the judiciary shall have power to issue subpoenas. The legislature shall provide by law for the expenses of the court.

6.19. Disqualification.

A judge shall be disqualified from acting as a judge, without loss of salary, while there is pending (1) an indictment or an information charging him in the United States with a crime punishable as a felony under a state or federal law, or (2) a complaint against him filed by the judicial inquiry commission with the court of the judiciary.

6.20. District attorneys, clerks, court revenue.

(a) A district attorney for each judicial circuit shall be elected by the qualified electors of those counties in such circuit. Such district attorney shall be licensed to practice law in this state and shall, at the time of his election and during his continuance in office, reside in his circuit. His term of office shall be for six years and he shall receive such compensation as provided by law. Vacancies in the office of district attorney and in his staff shall be filled as provided by law.

(b) Clerks of the circuit courts shall be elected by the qualified electors in each county for a term of six years. If the office of register in chancery continues to be provided by law then the clerk of the circuit court may also fill such office in a manner prescribed by law. Vacancies in the office of clerk of the circuit court shall be filled by the judge or judges of the circuit court who have jurisdiction over the county in which the office of clerk of the circuit court is located.

(c) Persons elected to the position of constable to assist the courts of the state as provided by law shall be subject to the same restrictions, rights and limitations as are specified in section 280 of the Constitution of 1901, and no law shall prohibit the receipt of fees for the performance of official duties of said position while holding any other elected or appointed office.

(d) The revenue from fines, forfeitures and court costs produced in district courts from the exercise of jurisdiction under municipal ordinances shall be apportioned between the municipality and the state as shall be provided by law.

6.21. Continuation of courts, district attorneys, clerks.

(a) All courts not herein authorized which are in existence at the time this article becomes effective shall retain their powers for four years, unless sooner terminated by act of the legislature.

(b) All judges of the supreme court, court of criminal appeals, court of civil appeals and circuit courts shall retain their offices for the remainder of their respective terms.

(c) All justices of the supreme court in office when this article becomes effective shall be justices of the supreme court. All judges of the court of criminal appeals shall be judges of the court of criminal appeals. All judges of the court of civil appeals shall be judges of the court of civil appeals. All circuit judges in office when this article becomes effective shall be judges of the circuit courts. All city judges who are in office when this article becomes effective shall continue to be judges of their respective courts. All present city courts shall continue to function as provided by law for four years.

(d) All judges of any court in this state, excepting the supreme court, court of criminal appeals, court of civil appeals, circuit courts, probate courts, and city courts, whose salaries or compensation are paid by their respective counties, who are qualified under the provisions of this article, and who are holding office at the time of the approval of this constitutional amendment by the legislature and on the date of the establishment of the district court, shall be commissioned judges of the district court. Each such judge, accepting commission as a district judge, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed three years in office as a district judge. At such election said judicial office shall be filled for a full term of office beginning at the end of the term for which such judge was commissioned.

(e) In the event a city ceases to have a city or municipal court, all judges of any city court in this state in cities which have more than one such judge at the time of approval of this constitutional amendment by the legislature and on the date of the establishment of the district court, if otherwise qualified under the provisions of this article, shall be commissioned judges of the district court. Each such judge accepting commission as a district judge shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed three years in office as a district judge. At such election said judicial office shall be filled for a full term of office beginning at the end of the term for which such judge was commissioned.

(f) All district attorneys of any circuit of this state, who are qualified under the provisions of this article, and who are holding office at the time of the approval of this constitutional amendment by the electors of the state, shall retain their offices for the remainder of their respective terms.

(g) All clerks of the circuit court of this state, who are holding office at the time of the approval of this constitutional amendment by the electors of the state, shall retain their offices for the remainder of their respective terms.

(h) Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in the manner authorized by the Constitution.[1]

Amendments

  • Amended by: Amendments 364 and 426, Alabama Constitution

Amendment 329

Special District Tax for Hamilton Special School District in Marion County.

In addition to any taxes now authorized or that may hereafter be authorized by the Constitution and laws of Alabama, the county commission or other governing body of Marion county shall, subject to an election in the Hamilton special school district in such county, as hereby created, have power to levy and collect a special district tax of not exceeding one dollar on each one hundred dollars of taxable property in such district for capital outlay purposes for the Marion county school system within said special district. Hamilton special school district shall be composed of the following area (all in Marion county and in the several beats (election precincts) of such county hereinafter named, as such beats are established pursuant to law, when this amendment is ratified): All of beats 1, 2, 3, 4, 5, and 17; in beat 6, Range 14 West, Township 9 S, Sections 4, 9, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, and in Range 13 W, Township 9 S, Sections 19, 20, 29, 30, 31, 32, and 33; in beat 10, Range 13 W, Township 10 S, Sections 26, 35, and 36, and in Range 12 W, Township 10 S, Section 31, and in Range 13 W, Township 11 S, all of Sections 1 and 2 north of the Buttahatchee river, and in Range 12 W, Township 11 S, all of Sections 4, 5 and 6 north of the Buttahatchee river; in beat 11, Range 12 W, Township 11 S, Sections 8, 16, 17, and 18, and all of Sections 4, 5, 6, 7 and 9 south of the Buttahatchee river, and in Range 13 W, Township 11 S, Sections 11, 13, 14, and 23 and all of Sections 1, 2, and 12 south of the Buttahatchee river; and in beat 16, Range 13 W, Township 11 S, Sections 19, 20, 21, 22, 28, 29, 30, and 31, and in Range 14 W, Township 11 S, Sections 24, 25, 26, 35, and 36, and in Range 14 W, Township 12 S, Section 2. No tax shall be levied hereunder unless the rate of such tax, the time such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in Hamilton special school district and voted for by a majority of those voting at such election. Any election on such district tax shall be called and held, the result declared, and the tax levied and collected in the same manner as now or hereafter provided by law in the case of school district taxes authorized by amendment 3 to the Constitution of Alabama, except that no county-wide tax shall be required as a conditioned precedent for a district tax under this amendment. The holding of one election shall not preclude a later election in Hamilton district, but no election in such district shall be held within two years from the date of the last election held in such district under the authority of this amendment. The proceeds of the special district tax shall be used only for public school capital outlay purposes in the district; but may be pledged to secure the payment of principal and interest on warrants or other evidences of indebtedness issued and sold for public school capital outlay purposes in such district by the county school board or other public body charged with the duties, powers and authority of conducting and operating the public schools in Hamilton district; which pledge shall take priority as provided in such warrants or other evidence of indebtedness and is in consonance with the provisions of existing law, at the time of the issuance and sale of the said warrants, touching the issue and sale of warrants of school bodies for capital outlay purposes. The power to levy, granted by this amendment, will not be exhausted by one election but shall remain a continuing grant unless and until it be repealed by subsequent constitutional action.

This amendment shall be self executing and shall require no enabling legislation.[1]

Amendment 330

Consolidation of Morgan County Offices.

The legislature may from time to time, by general or local law, provide for the transfer of the duties, or part of the duties, of one county officer of Morgan county to another officer of such county; or consolidate any two or more offices of such county into one county office and provide for the abolition of the office or offices left without duties, or create a completely new office in such county and transfer to such office a part of the duties of each of several other offices without abolishing any office in such county; provided that the officer or officers to fill the offices involved will be compensated for the performance of the duties of their offices by a salary fixed according to law.[1]

Amendment 331

Costs and Charges of Courts, and Compensation of Officers, of Cleburne County.

The legislature may from time to time, by general or local laws applicable to or operative in Cleburne county, fix, regulate, and alter the costs and charges of courts and the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate or by any other officer of Cleburne county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. Provided, that no law changing the method or basis for compensating such officers shall become effective unless it is approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose.[1]

Amendments

  • Amended by: Amendment 347, Alabama Constitution

Amendment 332

Costs and Charges of Courts, and Compensation of Certain Officers, of Bibb County.

The legislature may, from time to time, by general or local laws applicable to or operative in Bibb county and approved by a majority of the qualified electors of Bibb county at a referendum election, fix, regulate, and alter the costs and charges of court and the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the probate judge, the circuit clerk and the register, the tax assessor, and the tax collector of Bibb county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid.

In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officers in Bibb county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any officer in Bibb county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.[1]

Amendment 333

Special Property Tax for Recreational Purposes in Tuscaloosa County.

The county commission or like governing body of Tuscaloosa county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding 10 mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for developing parks and multi-recreation areas and facilities, and for other recreational purposes; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Such governing body may also become indebted, and in evidence of such indebtedness issue and sell interest bearing bonds in an amount not to exceed $20,000,000.00 in principal amount, provided that before the issuance of such bonds the question of whether such bonds shall be issued shall have first been submitted to and approved by the qualified electors of Tuscaloosa county at an election. Both the question of levying the tax and the issuing and selling of bonds may be submitted at the same election; or either question may be submitted at a separate election. Either the tax may be levied but no bonds issued, or bonds may be issued and no tax levied hereunder, if other funds are available for the payment of the bonds. The proceeds from taxes levied under authority of this amendment and of all bonds issued hereunder shall be used for developing parks and multi-recreation areas and facilities and for other recreational purposes and all or any part thereof may be appropriated to any county park and recreation authority duly organized and existing pursuant to law in such county and by such authority used for the above-named purposes. The elections provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of county bond elections, and if the levy of the tax or the issuance of said bonds shall be authorized at any such elections, the tax may be levied and bonds may be sold and issued from time to time in the manner provided by law for the authorization and sale of county bonds. In the event the voters of Tuscaloosa county do not authorize the levy of the tax or the issuance and sale of said bonds at any election called hereunder then other elections may be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the levy of the tax or the issuance and sale of said bonds; provided that no two elections shall be held within one year of each other. The indebtedness herein authorized shall be in addition to all other indebtedness authorized prior to the adoption of this amendment.[1]

Amendment 334

Procedure for Filling Vacancies in Office of Judge of Circuit Court in Madison County; Madison County Judicial Commission.

All vacancies in the office of judge of the circuit court holding in Madison county which shall occur subsequent to January 15, 1974, shall be filled in the manner and for the time as herein provided.

The Madison county judicial commission is hereby created for the purpose of nominating to the governor persons for appointment to such a vacancy. The members of such commission shall be (a) two persons who are members of the Alabama state bar, and (b) two persons who are not members of the Alabama state bar, and (c) one judge of the circuit court holding in Madison county.

All members of such commission must reside in the territorial jurisdiction of the circuit court holding in Madison county.

The two members of such commission who are required to be members of the Alabama state bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding in Madison county. The executive committee of the Madison county bar association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of such commission as are required to be members of the Alabama state bar. Such executive committee shall certify in writing to the probate judge of Madison county the names of the persons elected as members of such commission by such members of such bar.

The senator and representatives in the Alabama legislature residing in Madison county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senator and representatives shall certify in writing to such probate judge the names of the persons elected by them as such members.

The judges of the circuit court holding in Madison county shall elect the member of such commission who is required to be a judge of such circuit court. The judges of such circuit court shall certify in writing to such probate judge the name of the circuit judge elected by such circuit judges as such member.

The terms of office of all members of such commission shall be six years, except that the terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senator and representatives in the Alabama legislature residing in Madison county shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of such terms of office of the members of such commission being indicated by the respective electing bodies. The terms of the initial members of such commission shall begin on January 16, 1974. A vacancy in the office of a member of such commission shall be filled for the unexpired term in the same manner as such member was originally chosen.

The probate judge of Madison county shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his receipt and recordation of every such certificate, he shall send to the governor a certified copy of every such certificate.

No member of such commission shall be eligible to succeed himself as such member or for nomination to the governor for appointment as judge of such circuit court during the term of office for which such member shall have been selected.

The members of such commission shall not receive any salary or other compensation for their services as such members. No member of such commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of such commission shall hold any official position in any political party.

If, subsequent to January 15, 1974, a vacancy occurs in the office of judge of the circuit court holding in Madison county, such commission shall nominate to the governor three persons having the qualifications for such office. Such nomination shall be made only by the concurrence of a majority of the members of such commission. The governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for such office. If the governor shall fail to make an appointment from the list within 30 days from the date it is presented to him, the appointment shall be made by the chief justice or the acting chief justice of the supreme court from the same list. The appointee shall hold such office until the next general election for any state officer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor shall hold office for the unexpired term and until his successor is elected and qualified.[1]

Amendments

  • Amended by: Amendment 607, Alabama Constitution

Amendment 335

Special District School Tax in Calhoun County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, each school district in Calhoun county, except the school district comprising the city of Anniston, shall have the power to levy and collect for public school purposes in such district an annual special ad valorem tax on the taxable properties in such district at a rate not exceeding in any one year five mills on each dollar of the value of the said properties as the same shall be assessed for state taxation; provided, that the said special ad valorem district tax shall not be levied in any such district for any year prior to the year for which the said tax if levied will become due and payable on October 1, 1978; provided further, that prior to the levy of any special tax authorized in this paragraph, there shall be submitted to the electors of the district in which the tax is proposed to be levied, at a special election called for that purpose in the said district, the question of whether the said tax or any part thereof shall be levied, the rate thereof, the time it is to continue (which shall not exceed thirty years), and the purpose thereof, and the said tax shall be authorized at such election by a majority of the qualified electors of the said district who vote at such election; provided further, that if a majority of the qualified electors of any of the said districts participating in the election on the ratification of this amendment shall vote for the ratification of this amendment, then the approval of this amendment as expressed by the vote in said district in favor of its ratification shall, of itself, authorize the levy and collection of the said special tax for public school purposes in that district for a period of thirty years commencing with the levy for the tax year for which taxes will become due and payable to the said district on October 1, 1978.

Elections on the question of the levy of a district tax under the provisions of this amendment may be held at any time and from time to time, provided, that if at any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in the same district within six months from the last election held under this amendment. Each such election held after the ratification of this amendment shall be called and held, the results declared, and the tax levied and collected in the same manner as now or hereafter provided by law in the case of school district taxes authorized by amendment III [3] to the Constitution of Alabama, except that no county-wide tax shall be required as a condition precedent for a district tax under this amendment.

The funds arising from the district tax herein authorized to be levied shall be expended for the exclusive benefit of the school district in which such district tax is levied. Nothing in this amendment shall be deemed to prevent the consolidation of any two or more school districts in Calhoun county in accordance with the applicable provisions of general law.

Pursuant to the amendment to the Constitution of Alabama sometimes known as amendment LXVIII [68] (proposed by Act No. 587 adopted at the 1947 Regular Session of the Legislature of Alabama), there is currently being levied in each school district in Calhoun county a special district school tax at the same rate as is specified in the first paragraph of this amendment, but the last tax year for which the special tax provided for in the said amendment LXVIII [68] is authorized to be levied is the tax year for which taxes will become due and payable on October 1, 1977. It is intended by this amendment to make provision for the authorization of the continued levy in each school district in Calhoun county, except the school district comprising the city of Anniston, of a special district ad valorem school tax at the same rate as, but in lieu of, the tax authorized in the said amendment LXVIII [68], to commence with the tax year next following the final tax year for which the tax provided for in the said amendment No. LXVIII [68] is authorized to be levied. It is not intended by this amendment to provide for or authorize an increase in the total rate of taxation for public school purposes in excess of that currently authorized to be levied in the several school districts in Calhoun county.[1]

Amendment 336

Additional Tax in City of Mountain Brook.

(a) Any provision of the Constitution and laws of the State of Alabama to the contrary notwithstanding, the city of Mountain Brook, in Jefferson county, shall have, in addition to the power to levy and collect ad valorem tax each year at the rate authorized immediately prior to the adoption of this amendment, the further power to levy and collect each year an additional tax of three-fourths of one per centum based upon the value of the property therein as fixed for state taxation. No such additional tax of three-fourths of one per centum shall be levied under the authority of this amendment unless a majority of the qualified electors of said municipal corporation voting in the election on the adoption of this amendment shall vote for such adoption, provided that if the majority of the qualified electors of the said municipal corporation voting in the said election should not vote in favor of such adoption, or if the majority of the qualified electors of the said municipal corporation at any election subsequently called under the authority of this amendment should not vote in favor of the levy of the said additional tax at an election so called, the governing body of the said municipal corporation may call other elections hereunder on the question of the levy of said tax without further act of the legislature, but not more than one such election shall be held during any period of twenty-four consecutive months.

(b) Any provision of the Constitution of Alabama to the contrary notwithstanding, the city of Mountain Brook, in Jefferson county, shall have, in addition to the power to levy and collect ad valorem tax each year at the rate authorized immediately prior to the adoption of this amendment, the further power to increase the rate at which ad valorem taxes are levied by said municipal corporation above the limit now provided in the Constitution provided that the proposed increase shall have been (1) proposed by the governing body of the said municipal corporation after a public hearing on such proposal, (2) thereafter approved by an act of the legislature, and (3) subsequently approved by a majority vote of the qualified electors of the said municipal corporation who vote on the proposal. Section 217 (h) of the Constitution of Alabama of 1901 as amended providing that ad valorem taxes in the aggregate levied by all taxing authorities shall never exceed 1 1/2 % of the fai