Difference between revisions of "Amendments 501 through 880, Alabama Constitution"

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"Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her."
 
"Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her."
  
4. The following sections of the Constitution of Alabama of 1901, relating to private corporations and railroads and canals are repealed: Section 230, relating to the cancellation of certain corporate charters; Section 231, relating to limitation on remitting forfeiture of corporate charters; Section 232, as amended by Amendment 473, relating to foreign corporations doing business in the state; Section 233, relating to corporations being restricted to business authorized by the charter; Section 234, relating to restrictions on the issuance of corporate stocks and bonds; Section 236, relating to security for dues from private corporations and liability of stockholders; Section 237, relating to issuance of preferred stock by corporations; Section 243, specifying that the regulation of railroad companies is vested in the Legislature; Section 244, relating to prohibiting the giving of free passes or discount tickets to members of the Legislature or officers exercising judicial functions; Section 245, relating to railroads not giving rebates or bonuses and deceiving or misleading the public as to rates; and Section 246, relating to acceptance of article as a prerequisite to benefits to future legislation.
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4. The following sections of the Constitution of Alabama of 1901, relating to private corporations and railroads and canals are repealed: Section 230, relating to the cancelation of certain corporate charters; Section 231, relating to limitation on remitting forfeiture of corporate charters; Section 232, as amended by Amendment 473, relating to foreign corporations doing business in the state; Section 233, relating to corporations being restricted to business authorized by the charter; Section 234, relating to restrictions on the issuance of corporate stocks and bonds; Section 236, relating to security for dues from private corporations and liability of stockholders; Section 237, relating to issuance of preferred stock by corporations; Section 243, specifying that the regulation of railroad companies is vested in the Legislature; Section 244, relating to prohibiting the giving of free passes or discount tickets to members of the Legislature or officers exercising judicial functions; Section 245, relating to railroads not giving rebates or bonuses and deceiving or misleading the public as to rates; and Section 246, relating to acceptance of article as a prerequisite to benefits to future legislation.
 
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==Amendment approval==
 
==Amendment approval==

Revision as of 21:37, 25 February 2014


Alabama Constitution
Seal of Alabama.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Amendments

Contents

As of January 2014, there were 880 amendments to the state of Alabama's Constitution.
Please see below for amendments 501 through 880 to Alabama's Constitution.

Amendment 501

Fire Protection Districts and Taxes in Monroe County.

The Monroe county commission is hereby authorized in its discretion to establish fire districts within the geographical boundaries of Monroe county. The boundaries of such fire districts may be rearranged at the discretion of the county commission as it deems necessary, from time to time, to maximize fire protection services in the county. The county commission may use the corporate limits of the various towns and municipalities in the county as boundaries for fire districts. In such situations, such town or municipal fire district shall have its own volunteer fire department functioning within its boundaries. Each fire district established in an area located outside of the corporate limits of a town or municipality shall likewise have its own volunteer fire department functioning strictly within its district boundaries.

The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.

Commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1989, there is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of three mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Monroe county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection and for rescue squads within the affected area. Prior to the levy of the fire protection tax in said county, there shall be submitted to the electors of said county, at a special election called for that purpose in said county, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within the said county who vote at such election.

Elections on the question of the levy of a fire protection tax in said county may be held at any time and from time to time, provided, that if 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 said county within two years from the last election held under this amendment.

Amendment 502

Morgan County Sheriff's Posse.

The county commission of Morgan county is hereby authorized to grant moneys to the Morgan county sheriff's posse. Any purchases with said moneys by the Morgan county sheriff's posse shall be the property of the Morgan county sheriff's office.

Amendment 503

Pike County Government Modernization.

Any provision of the Constitution or laws of the state of Alabama or local laws to the contrary notwithstanding, in order to modernize the operation of government in Pike county, the legislature may, during the current session of the legislature, provide by local act all of the following:

1. The county unit system in Pike county, for the construction, operation and maintenance of its roads and bridges, with the removal of road districts, effective January 1, 1989; and

2. The abolition of the offices of tax assessor and tax collector of Pike county and the creation of the office of revenue commissioner, and transfer of all duties, authority, records, assets and funds of both offices; and

3. The separation of the offices of judge of probate and chairman of the county commission of Pike county, effective 1994, and setting the compensation for such judge, and providing for the salary for office of chairman of county commission serving full time.

In the event this amendment is approved by a majority of the qualified electors of Pike county who vote thereon in favor of the adoption of all three of the provisions of this amendment when it is submitted, then any law theretofore or thereafter passed, which implements this amendment, may become effective without any other election having been held thereon; in the event this amendment fails and a majority of the qualified voters in Pike county voting thereon vote against its approval, such acts or act shall become null and void, and no one provision of this amendment shall become law unless all provisions are approved, or unless the acts are separately resubmitted to the qualified electorate of Pike county for approval thereof. All three proposals in one act shall not be deemed to contravene Section 45 of the Constitution of 1901.

The ballot on the approval of this amendment shall be substantially as follows:

"Do you approve the Pike County Government Modernization Amendment? Yes ... . No ... ."

The provisions of this amendment are self-executing as herein provided.

Amendment 504

Financing Jail in Talladega County.

In addition to any court costs and fees now or hereafter authorized, and notwithstanding any other provision of the Constitution, including without limitation Sections 96, 104 and 105 of the Constitution of Alabama of 1901, as amended, there shall be a $10.00 fee assessed on all civil and criminal cases filed in the circuit court, district court or any municipal court in Talladega county. All funds generated from such fee shall be paid into the general fund of Talladega county and shall be used exclusively for the design and construction of a county jail, including the payment of principal and interest on any obligations issued by or on behalf of Talladega county (a) to finance such design and construction and the expenses of issuance thereof, or (b) to refund any such objections and pay the costs of refunding. When the jail is paid for or when all such obligations are paid in full, whichever last occurs, the additional fee levied by this amendment shall be removed from all cases except criminal cases, upon which the said additional fee shall continue to be levied, to be used for operation, upkeep and maintenance of the county jail. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 505

Washington County Fire Districts.

The Washington county commission is hereby authorized in its discretion to establish fire districts within the geographical boundaries of Washington county. The boundaries of such fire districts may be rearranged at the discretion of the county commission as it deems necessary from time to time, to maximize fire protection services in the county. The county commission may use the corporate limits of the various towns and municipalities in the county as boundaries for fire districts. In such situations, such town or municipal fire district shall have its own volunteer fire department functioning within its boundaries. Each fire district established in an area located outside of the corporate limits of a town or municipality shall likewise have its own volunteer fire department functioning strictly within its district boundaries.

The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.

There is hereby levied commencing October 1, 1989, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of two mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Washington county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection within the affected area.

Amendment 506

Bingo Games in Etowah County.

The operation of bingo games for prizes or money by certain nonprofit organizations for charitable or educational purposes shall be legal in Etowah county, subject to the provisions of any resolution by the county commission. The county commission shall have the authority to promulgate rules and regulations for the issuance of permits or licenses and for operation of bingo games; provided, however, the county commission must insure compliance pursuant to said law and the following provisions:

(a) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian; nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo;

(b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 5 years immediately prior to the issuance of the permit or license except the tax-exempt Etowah county council on aging is exempt from the time requirement;

(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;

(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees nor any compensation nor salary to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;

(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;

(f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week.

(g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law.

The provisions of this constitutional 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 general purposes and objectives herein set forth.

Amendment 507

Filing and Service Fees in Russell County for Financing New County Jail.

In addition to any court costs and fees now or hereafter authorized to be collected, the county commission of Russell county is authorized to assess a fee not to exceed thirty dollars ($30.00) upon the privilege of filing any initial complaint in all civil and criminal cases filed in any court, in the county, as well as a fee not to exceed five dollars ($5.00) for the service of all pleadings and other documents in connection with any such action. All such fees shall be paid into the general fund and shall be applied exclusively for payment of the cost of the planning, construction and equipping of a new county jail, or for the payment of the principal of and interest on any bonds, warrants or other obligations issued by or on behalf of the county to finance the costs of a new jail, as well as the expenses of issuance of any such bonds, warrants or other obligations. When the aforesaid costs of planning, constructing and equipping a new county jail shall be fully paid or when all such bonds, warrants or other obligations have been retired, whichever last occurs, the additional fee authorized by this amendment to be collected shall no longer be collected. Provided, however, no additional fee provided herein shall be collected until thirty (30) days after the county commission has signed a contract and or contracts for the construction of a new jail and construction has actually begun.

Amendments

  • Amended by Amendment 736.

Amendment 508

Bingo Games in Calhoun County.

The operation of bingo games for prizes or money by certain nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in Calhoun county, subject to the provisions of any resolution or ordinance by the county governing body or the governing bodies of the respective cities and towns, within their respective jurisdictions as provided by law regulating such operation. The said governing bodies shall have the authority to promulgate rules and regulations for the issuance of permits or licenses and for operation of bingo games, within their respective jurisdictions; provided, however, that said governing bodies must ensure compliance pursuant to said law and the following provisions:

(a) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian; nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo;

(b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 12 months immediately prior to the issuance of the permit or license;

(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;

(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;

(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;

(f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week;

(g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law.

The provisions of this constitutional 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 general purposes and objectives herein set forth.

Amendment 509

English as Official Language of State.

English is the official language of the state of Alabama. The legislature shall enforce this amendment by appropriate legislation. The legislature and officials of the state of Alabama shall take all steps necessary to insure that the role of English as the common language of the state of Alabama is preserved and enhanced. The legislature shall make no law which diminishes or ignores the role of English as the common language of the state of Alabama.

Any person who is a resident of or doing business in the state of Alabama shall have standing to sue the state of Alabama to enforce this amendment, and the courts of record of the state of Alabama shall have jurisdiction to hear cases brought to enforce this provision. The legislature may provide reasonable and appropriate limitations on the time and manner of suits brought under this amendment.

Amendment 510

Deepening, Widening and Extending of Federal Channel at Bayou La Batre and Acquisition, Development, etc., of Cargo Handling Facilities of State Docks at Port of Mobile.

The legislature may by appropriate laws authorize the state to pay a portion of the capital costs of public facilities and works of internal improvement consisting of (a) fulfilling a portion of the requirements of local contribution, participation and cooperation now or hereafter established by the United States in connection with the deepening, widening and extending of the existing federal channel at Bayou La Batre, Alabama and (b) the acquisition, development, construction, improvement, expansion, and modernization (or any of them) of general cargo handling facilities of the state docks at the Port of Mobile.

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 $20,000,000, for the purpose of enabling the state to discharge obligations at any time authorized by the legislature to be undertaken in connection with the channel deepening project and the state docks projects. The expenses incurred in connection with the sale and issuance of the bonds may also be paid from the proceeds thereof. The bonds may be sold by the bond commission authorized herein at public or private sale, with or without competitive bidding, at such price or prices and on such terms and conditions as the bond commission shall determine to be in the best interest of the state. 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 and redemption premium (if any) thereon. The said bonds may be additionally secured by any special pledges that may be provided for by the legislature. 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 channel deepening project and the state docks projects.

The legislature may by appropriate laws establish a bond commission and may confer upon it, in addition to all other necessary powers, full power to determine the terms and conditions of the bonds and to provide for the sale and issuance thereof. The legislature may authorize the herein provided for general obligation bonds of the state to be sold from time to time under the supervision of such bond commission. All monies received as proceeds of the sale of the state's bonds, shall be expended, except for reasonable issuance costs and administrative expenses, in discharging obligations that the state is permitted under the foregoing provisions of this amendment to undertake in connection with the channel deepening project and the state docks projects. The legislature shall enact appropriate enabling legislation to carry out the intent and purpose of this amendment.

Amendment 511

Finance Charge, Fee or Assessment on Forest Land for Forestry Services and Forest Fire Protection.

(A) Notwithstanding any other provision of this Constitution, the legislature may hereafter levy a finance charge, fee or assessment on forest land in this state at a rate of a maximum of twenty (20) cents per acre on a per acre basis of forest land owned and as established by general act of the legislature. The legislature is authorized to provide that the proceeds generated in each county shall be earmarked for use in the respective county where raised to provide for forestry services and forest fire protection within the county. The legislature may provide that this charge, fee, or assessment shall be levied on forest land as is defined by the legislature, and that said charge, fee, or assessment will be assessed and collected as ad valorem taxes in this state.

The legislature may further provide that all revenues or monies collected from said forest land shall be distributed by the office of the county tax collector, or similar office, to the Alabama forestry commission, state of Alabama. The legislature shall provide that the forestry and fire prevention program set forth herein shall be administered by the Alabama forestry commission and that any funds collected but not spent in a particular fiscal year shall be carried into the next fiscal year for the same purposes in that county. The legislature may provide that local laws heretofore enacted relating to forest fire protection, and assessing a local acreage assessment, use tax, finance charge or other fee, tax, charge or assessment, in support thereof, which conflict with the provisions of that act shall be repealed; replaced or superceded by that act at a time to be designated by the legislature.

(B) The legislature may from time to time pass such legislation as may be necessary to further define terms herein or to otherwise implement this amendment or the levying, collecting, distributing or administering of fees, charges or assessments provided for herein. The legislature may provide for and is authorized to provide the procedure whereby owners of forest land may, by referendum held among such owners in this state, levy upon themselves fees, charges and assessments, based upon the amount of acreage of forest land owned. The legislature is authorized to make provisions for nonpayment of such fees, charges or assessments authorized hereunder and to provide penalties for failure to pay same. The legislature may further provide for the withdrawal, disbursement and expenditure by the Alabama forestry commission of any funds received. 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. The legislature may further provide for or allow reasonable rules and regulations to be adopted by the Alabama forestry commission to effectively carry out the intent and purposes herein enumerated. Any uniformity requirements of this Constitution shall be satisfied by the application of the program to forest fire protection and similar forestry services.

Amendment 512

"Penny Trust Fund" Established for Promotion of Public Health and Public Schools.

(a) There shall be established and maintained the "penny trust fund" within the state treasury to promote the public health and the public schools. Citizens may make voluntary donations to the penny trust fund. All donations and funds received shall be held in perpetual trust and shall not be subject to legislative appropriation or otherwise expended.

(b) Earnings, including accrued interest and dividends, shall be retained in the penny trust fund, not subject to appropriation until the state treasurer certifies that sufficient moneys exist in the Fund or until the fiscal year which begins in 2000, whichever comes first; then and afterward, only 90 percent of the prior fiscal year's earnings to be subject to appropriation. Capital gains taken on the sale of any securities shall revert to the principal of the penny trust fund.

(c) Funds in the penny trust fund are to be managed and invested by the state treasurer who may receive funds from any source not prohibited by law.

(d) Fifty percent of the earnings subject to appropriation shall be dedicated to the programs and projects which promote the public health, and 50 percent dedicated to the public schools.

(e) The legislature shall have power to implement this amendment by appropriate legislation.

Amendment 513

See also: Section 98, Article IV, Alabama Constitution

Amendment of Section 98.

Section 98. The legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer; however, the legislature shall have the authority to provide that superintendents of education shall be eligible to participate in the Teachers' Retirement System of Alabama as the legislature may see fit.

Amendment 514

Appropriations to Certain Nonprofit Organizations by City of Huntsville.

Notwithstanding the provisions of the Constitution of Alabama of 1901, as amended, the governing body of the city of Huntsville in Madison county is hereby authorized to make a one-time appropriation of money, up to a maximum total appropriation of $2,000,000.00, to one or more bona fide nonprofit organizations, each of which at the time of any such appropriation must have been organized for the purpose of and actively engaged in fostering and coordinating volunteer citizen activity in the field of the literary, visual, and performing arts within the city of Huntsville for a period of more than five years, which said appropriation or appropriations are to be used exclusively for construction of one or more buildings located within said city, to be owned by such organization. The total maximum appropriation herein authorized may, however, at the discretion of the governing body, be made to only one such organization, provided, however, that any such appropriation may be made only upon proof that an amount equal to $1.00 for each $1.00 appropriated has first been raised from nonpublic funds and placed on deposit with a bank or trust company under an agreement, restricting the use of said funds to expenditures for the construction of one or more buildings to be occupied exclusively by one or more organizations engaged in fostering and coordinating volunteer citizen activity in the field of the literary, visual, and performing arts within the city of Huntsville. The city of Huntsville is further authorized to appropriate up to $100,000.00 annually for the general operations of any such organization, or for maintenance of any building which is occupied by any such organization.

No payment may be made by the city of Huntsville under the authority of this amendment except upon the affirmative vote of the qualified electors of the city of Huntsville, in the election called for the ratification of this amendment, or at a subsequent election called for such purpose as hereinafter provided. Provided, however, that if this amendment is ratified, and a majority of the electors of the city of Huntsville do not vote in favor of such amendment, subsequent elections for the purpose of authorizing the governing body to make such appropriations to qualified organizations may be called by the governing body in the same manner and at the same time as any other general or special municipal election, but not more than one such election shall be held during any period of 12 consecutive months.

The provisions of this constitutional 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 general purpose and objectives herein set forth.

Amendment 515

Winston County Water Coordinating and Fire Prevention Authority.

The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of a Winston county water coordinating and fire prevention authority in all or in portions of Winston county as a public corporation to provide any one or more of the following local public services: Obtain, treat, and furnish water for residential, commercial or industrial purposes and for any other local service permitted by such general or local law; authorize such authority to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such public water authority; grant or vest the privilege of eminent domain to such public water authority for the purpose of taking property for public use in accordance with Article XII, Section 235, of the Constitution of Alabama of 1901; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such public water authority, provided that Winston county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Winston county; extend the service area into one or more other counties; and provide for fire protection facilities or services. Any law enacted at the 1988 special session of the legislature to authorize the creation of such authority in Winston county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment.

Amendment 516

Lamar County Water Coordinating and Fire Prevention Authority.

The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of a Lamar county water coordinating and fire prevention authority in all or in portions of Lamar county as a public corporation to provide any one or more of the following local public services: Obtain, treat, and furnish water for residential, commercial or industrial purposes and for any other local service permitted by such general or local law; authorize such authority to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such public water authority; grant or vest the privilege of eminent domain to such public water authority for the purpose of taking property for public use in accordance with Article XII, Section 235, of the Constitution of Alabama of 1901; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such public water authority, provided that Lamar county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Lamar county; extend the service area into one or more other counties; and provide for fire protection facilities or services. Any law enacted at the 1988 special session of the legislature to authorize the creation of such authority in Lamar county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment.

Amendment 517

Fayette County Water Coordinating and Fire Prevention Authority.

The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of a Fayette county water coordinating and fire prevention authority in all or in portions of Fayette county as a public corporation to provide any one or more of the following local public services: Obtain, treat, and furnish water for residential, commercial or industrial purposes and for any other local service permitted by such general or local law; authorize such authority to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such public water authority; grant or vest the privilege of eminent domain to such public water authority for the purpose of taking property for public use in accordance with Article XII, Section 235, of the Constitution of Alabama of 1901; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such public water authority, provided that Fayette county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Fayette county; extend the service area into one or more other counties; and provide for fire protection facilities or services. Any law enacted at the 1988 special session of the legislature to authorize the creation of such authority in Fayette county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment.

Amendment 518

Franklin County Water Coordinating and Fire Prevention Authority.

The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of a Franklin county water coordinating and fire prevention authority in all or in portions of Franklin county as a public corporation to provide any one or more of the following local public services: Obtain, treat, and furnish water for residential, commercial or industrial purposes and for any other local service permitted by such general or local law; authorize such authority to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such public water authority; grant or vest the privilege of eminent domain to such public water authority for the purpose of taking property for public use in accordance with Article XII, Section 235, of the Constitution of Alabama of 1901; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such public water authority, provided that Franklin county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Franklin county; extend the service area into one or more other counties; and provide for fire protection facilities or services. Any law enacted at the 1988 special session of the legislature to authorize the creation of such authority in Franklin county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment.

Amendment 519

Jackson County Water Authority.

The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of the Jackson county water authority in all or in portions of Jackson county as a public corporation to provide any one or more of the following local public services: Obtain, treat, and furnish water for residential, commercial or industrial purposes and for any other local service permitted by such general or local law; authorize such authority to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such public water authority; grant or vest the privilege of eminent domain to such public water authority for the purpose of taking property for public use in accordance with Article XII, Section 235, of the Constitution of Alabama of 1901; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such public water authority, provided that Jackson county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Jackson county; and extend the service area into one or more other counties. Any law enacted at the 1989 regular session of the legislature to authorize the creation of such authority in Jackson county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment.

Amendment 520

Excavating Human Graves in Madison County.

The Madison county commission is hereby authorized with or without charge to provide for the excavating of human graves.

Amendment 521

Fees for Disposal of Solid Waste in Pickens County.

The Pickens county governing body shall levy and impose a fee of not less than sixty dollars per ton on solid waste, as defined by general law, disposed of at any commercial disposal site in the county. Said governing body is hereby authorized to implement such rules and regulations as it deems necessary to impose and collect such disposal fees and the proceeds of such fees shall be deposited in the county treasury to be expended for the general operations of the county.

Amendment 522

Taxation of Costs in Pickens County.

In Pickens county, in addition to all other fees, there shall be taxed as costs the sum of $10.00 in each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal case, proceedings on a forfeited bail bond or proceedings on a forfeited bond given in connection with an appeal from a judgment or conviction in the circuit court of Pickens county, or the district court of Pickens county, filed in or arising in the circuit court of Pickens county, or the district court of Pickens county, or brought by appeal, certiorari or otherwise to the circuit court of Pickens county, or the district court of Pickens county, which costs shall be collected as other costs in such cases are collected by the clerk, or ex officio clerk, of said courts or the register of the circuit court of Pickens county, as the case may be. Such fees, when collected by the clerks or other collection officers of such court, shall be paid into the county fund to be administered jointly by the sheriff and county commission for salaries, equipment and other expenses of the sheriff's department.

The provisions of this constitutional amendment shall be retroactive to April 19, 1982, and any fees or costs collected up to and including the amount of $10.00 per action filed and the revenues therefrom expended pursuant to Act No. 82-291 of the 1982 regular session and Act No. 83-542 of the 1983 regular session of the Alabama legislature are hereby ratified, and no further enabling legislation shall be necessary for the execution of this amendment.

Amendment 523

Fee on Disposal of Out-of-State Solid Waste in St. Clair County.

The St. Clair county governing body shall levy and impose a fee of not less than sixty dollars per ton on out-of-state solid waste, as defined by general law, disposed of at any commercial disposal site in the county. Said governing body is hereby authorized to implement such rules and regulations as it deems necessary to impose and collect such disposal fees and the proceeds of such fees shall be deposited in the county treasury to be expended for the general operations of the county.

Amendment 524

Validation of Court Charges in Tuscaloosa County.

All general laws, local laws, population based laws and other laws heretofore enacted by the legislature and which are in effect on November 1, 1989, pertaining to or applicable to Tuscaloosa county; including but not limited to Act 80-618 of the 1980 Regular Session (Acts of 1980, p. 1054), as amended by Act 87-399 of the 1987 Regular Session (Acts of 1987, p. 570), Act 80-780 of the 1980 Regular Session (Acts of 1980, p. 1615), as amended by Act 81-1052 of the 1981 2nd Special Session (Acts of 1981 Special Sessions, p. 298), Act 79-751 of the 1979 Regular Session (Acts of 1979, p. 1336), as now codified in the Code of Alabama 1975, Sections 11-25-1 through 11-25-12, and Act 65 of the 1936 Special Session (Acts of 1936 Special Session, p. 34), as amended by Act 1086 of the 1969 Regular Session (Acts of 1969, p. 2021); which in whole or in part regulate costs and charges of courts are hereby in all things ratified, approved, validated and confirmed as of the date of their enactment any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding. Any actions taken or payments made in accordance with the provisions of said laws are hereby ratified, approved, validated and confirmed. This amendment shall not be construed as prohibiting the legislature from properly enacting a law to amend or repeal said laws. This amendment shall not be construed to permit the operation of Act 79-751 of the 1979 Regular Session, as now codified in the Code of Alabama 1975 and Act 65 of the 1936 Special Session as amended at the same time unless said joint operation is otherwise authorized by law.

Amendment 525

Ratification of Public School Taxes.

Any provision of the Constitution of Alabama 1901, as amended, to the contrary notwithstanding, all ad valorem taxes for public school or education purposes in the state of Alabama which have been approved by a majority vote of the appropriate electorate prior to March 1, 1990, and the levy and collection thereof from the date of the initial levy thereof, are hereby authorized, ratified and confirmed regardless of any statutory or constitutional defects, mistakes, errors or ambiguities in the authorization or levy thereof or the election thereon, or in any act of the legislature with respect thereto; provided, however, that the authorization, ratification and confirmation effected by this amendment shall not be applicable to any tax the validity of which is being challenged in appropriate judicial proceedings in any proper court on the date the act proposing this amendment is adopted.

Amendment 526

Court Costs in Cherokee County.

In addition to any court costs and fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation sections 96, 104 and 105 of the Constitution of Alabama of 1901, as amended, there shall be an additional $20.00 fee assessed and taxed as costs on each civil and criminal case hereafter filed in the circuit court, district court, probate court or any municipal court in Cherokee county. The aforementioned $20.00 fee/assessment in no way can be waived by any court unless all other fees, assessments, costs, fines and/or charges associated with said case are waived. Such fees, when collected by the clerks or other collection officers of such courts, shall be paid into the general fund of Cherokee county to be used for the planning, designing, construction, financing and operation of a new county jail. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 527

Fire Protection Tax in Choctaw County.

In Choctaw county there is hereby levied, commencing on October 1 following ratification of this amendment, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of one mill. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Choctaw county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be set aside in a special fund to be distributed by the county commission to volunteer fire departments in the county and the Choctaw County Association of Volunteer Fire Departments. The revenues generated from this tax will be distributed to all volunteer fire departments meeting the minimum standards and the Choctaw County Association of Volunteer Fire Departments, Inc. in equal shares on a semi-annual basis on February 1st and August 1st of each year. Prior to any distribution of funds, there must be prepared and filed with the Choctaw County Commission a map setting out the various volunteer fire departments and every portion of Choctaw county must be assigned or designated to one of the respective volunteer fire departments so that every citizen in Choctaw county has fire protection from a designated volunteer fire department. No funds shall be disbursed to any volunteer fire department until the county has full and complete coverage for all citizens. The funds shall be audited annually by the examiners of public accounts or a qualified licensed and registered certified public accountant as to the fire protection taxes received by the county commission, as to the funds appropriated by it and as to how the funds are expended in each volunteer fire department and to be certain that all taxes received are disbursed on an equal basis to the district and countywide organization and to further audit how the funds are expended by each department and the countywide association.

The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.

Amendment 528

Fire Districts and Fire Protection Tax in Conecuh County.

The Conecuh County Commission and the Conecuh County Fire Control Association are hereby authorized in their discretion to establish fire districts within the geographical boundaries of Conecuh county. The boundaries of such fire districts may be rearranged at the discretion of the county commission and the Conecuh County Fire Control Association as they deem necessary, from time to time, to maximize fire protection services in the county. The county commission and the Conecuh County Fire Control Association may use the corporate limits of the various towns and municipalities in the county as boundaries for fire districts. In such situations, such town or municipal fire district shall have its own volunteer fire department functioning within its boundaries. Each fire district established in an area located outside of the corporate limits of a town or municipality shall likewise have its own volunteer fire department functioning strictly within its district boundaries.

The county commission and the Conecuh County Fire Control Association are further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.

Commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1991, there is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of three mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Conecuh county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection and for rescue squads within the affected area. Prior to the levy of the fire protection tax in said county, there shall be submitted to the electors of said county, at a special election called for that purpose in said county, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within the said county who vote at such election.

Elections on the question of the levy of a fire protection tax in said county may be held at any time and from time to time, provided, that if 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 said county within two years from the last election held under this amendment.

Amendment 529

Validation of Court Charges in Lee County.

All general laws, local laws, population based laws and other laws heretofore enacted by the legislature and which are in effect on January 1, 1990, pertaining to or applicable to Lee county, which in whole or in part regulate costs and charges of courts are hereby in all things ratified, approved, validated and confirmed as of the date of their enactment any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding. Any actions taken or payments made in accordance with the provisions of said laws are hereby ratified, approved, validated and confirmed. This amendment shall not be construed as prohibiting the legislature from properly enacting a law to amend or repeal said laws.

Amendment 530

Court Costs in Macon County.

In addition to any court costs and fees now or hereafter authorized to be collected, the county commission of Macon county is authorized to assess a fee not to exceed $30.00 upon the privilege of filing any initial complaint in all civil and criminal cases filed in any court, in the county, as well as a fee not to exceed $5.00 for the service of all pleadings and other documents in connection with any such action. All such fees shall be paid into the general fund and shall be applied exclusively for payment of the cost of the planning, construction and equipping of a new county jail, or for the payment of the principal of and interest on any bonds, warrants or other obligations issued by or on behalf of the county to finance the costs of a new jail, as well as the expenses of issuance of any such bonds, warrants or other obligations. When the aforesaid costs of planning, constructing and equipping a new county jail shall be fully paid or when all such bonds, warrants or other obligations have been retired, whichever last occurs, the additional fee authorized by this amendment to be collected shall no longer be collected. Provided, however, no additional fee provided herein shall be collected until 30 days after the county commission has signed a contract and or contracts for the construction of a new jail and construction has actually begun.

Amendments

  • Amended by Amendment 847.

Amendment 531

Municipal Jurisdiction in Madison County.

In Madison county, no police jurisdiction nor any planning or zoning regulation of a municipality located wholly or partially within Madison county shall extend beyond the corporate limits of the municipality.

Amendment 532

Fire Fighting Districts and Services in Mobile County.

The county commission of Mobile county is hereby authorized to establish and maintain fire fighting districts within Mobile county. The county commission is further authorized to enter into agreements with volunteer fire departments within the county for fire protection and services. The county commission is hereby empowered to set fees for fire protection and to prescribe the manner of collection and distribution of such fees. The fire fighting districts herein authorized shall not include any corporate municipality of Mobile county unless such municipality requests through resolution of its governing body to be included in such fire fighting program. Any act heretofore enacted regarding said Mobile county fire fighting districts is hereby ratified and confirmed.

Amendment 533

Talladega County Budget.

The Talladega County Commission shall prepare and adopt an estimate of the income of the county for the fiscal year beginning on October 1 of the current calendar year for all public funds under its supervision and control, and to estimate for the same fiscal year the expense of operations and to appropriate for the various purposes the respective amounts that are to be used for each of such purposes; provided that the appropriations so made shall not exceed the estimated total income of the county available for appropriations. The county commission shall restrict allotments to prevent an overdraft or deficit in any fiscal year for which appropriations are made by prorating without discrimination against any county program, the available revenues among the various county programs. Such appropriations shall be payable in such proportion as the total sum of all appropriations bears to the total revenues estimates as available in each of the fiscal years.

A refusal to perform any requirement of this amendment or an improper or illegal performance of any requirement of this amendment shall subject the offender to a penalty of $250.00 to be recovered in an action instituted in the circuit court of Talladega county and shall subject such offender to impeachment.

Amendment 534

Construction, Repair, etc., of Public Roads, Bridges, etc., in Talladega County.

The legislature shall, by general or local law, provide for the construction, maintenance and repair of public roads, highways, bridges and ferries in Talladega county on the basis of the county as a unit, without regard to any district or beat lines.

Amendment 535

Election of Board of Education of City of Tallassee.

This legislature may by local act provide for the election of the members of the board of education of the City of Tallassee in Elmore and Tallapoosa Counties.

Amendment 536

Distribution of Oil and Gas Revenues by Escambia County Commission.

A. The Escambia County commission shall distribute oil and gas revenues as provided in this amendment.

1. The Escambia County Oil and Gas Severance Trust, established by Act No. 84-576, H. 664 of the 1984 Regular Session (Acts 1984, p. 1198), its corpus and income shall be continued as provided by Sections 1 and 2 of that act.

2. The members of the Escambia County commission, or their successors in office, shall constitute the trustees of the trust. Provided, however, the members of the Escambia County commission, or their successors in office, may in their discretion, appoint one or more trustees or escrow agents for the trust which trustees or escrow agents shall be trust companies or national or state banks having powers of a trust company within or without the State of Alabama. The trustees shall invest the corpus of the trust only in direct general obligations of, or obligations the payment of the principal of and interest on which are conditionally and irrevocably guaranteed by the United States of America. Provided, however, that, notwithstanding any legal limitation that might otherwise be applicable, the trustees shall further have the authority in their discretion to invest such trust fund in certificates of deposit of any savings and loan associations or banks whether federally or state chartered whose principal office is located in the state, provided that such funds so invested are fully secured by pledge of eligible United States treasury securities.

3. Commencing with the 1984-1985 fiscal year, up to eighty percent (80%) of the net income from the investments authorized in Section A2 of this amendment shall be distributed quarterly, semiannually or annually, as designated by the trustees, to the general fund of the county.

4. The provisions of A1, A2, and A3 of this amendment shall not terminate at the end of twenty years, unless a majority of the qualified electors of the county vote to terminate the provisions by a constitutional amendment duly proposed by the Alabama legislature.

B. Excluding the revenues and income from Section A1, A2 and A3 of this amendment, one-third (1/3) of all net funds when received pursuant to Sections 40-20-8(c)(3) and 40-20-8(c)(4), Code of Alabama 1975, as amended, by Escambia County from the severance tax levied, pursuant to Section 40-20-2, Code of Alabama 1975, as amended, shall be paid to the Escambia County board of education, to be used for educational purposes and to be distributed as follows:

Each public board of education now in existence or hereafter created in Escambia County shall receive a pro rata share of said monies based upon the relation its average enrollment in its schools during the preceding school year bears to the average enrollment of all public schools in Escambia County.

1. The funds received by Escambia County prior to the effective date of this amendatory act from severance tax or privilege tax on oil and gas under any general law, including Sections 40-20-1 through 40-20-13, Code of Alabama 1975, as amended, or any local law whatsoever, and deposited in the county treasury designated as the “Escambia County courthouse and county jail trust fund,” shall be distributed as follows:

(1) All the interest from such investment shall be deposited in the county general fund;

(2) Up to $500,000.00 of the principal shall be deposited in the county general fund; and

(3) The remaining principal shall be deposited as principal into the “Escambia County oil and gas severance trust” as established in Act No. 84-576, H. 664, 1984 Regular Session (Acts 1984, p. 1198), as amended. The earned interest that is generated by this transfer of principal shall be expended according to the provisions of the said Act No. 84-576, as amended, and by Sections A1, A2 and A3 of this amendment.

2. An amount equal to one-tenth of the net funds received by Escambia County pursuant to Sections 40-20-1 through 40-20-13 of the Code of Alabama 1975, as amended, for the general fund of the county or one hundred thousand dollars ($100,000.00) of such funds, whichever is the lesser, shall be appropriated by the Escambia County commission from the county general fund to the Escambia County Industrial Development Authority, created by Act No. 894, S. 773, of the 1978 Regular Session (Acts 1978, p. 1330). Futhermore, the governing body of Escambia County is hereby authorized to deposit directly into an account authorized by the Escambia County Industrial Development Authority on a monthly installment basis. Said development authority shall have the authority to contract with any municipality in Escambia County for services it deems appropriate out of the funds allocated by this section. Any such monies which are not expended by the said authority by September 20, 1982, and each September 30 thereafter, shall at the request of the Escambia County commission be returned to the general fund of the county.

The provisions of this subsection shall become effective immediately upon the first receipt of funds by Escambia County pursuant to Act No. 79-434, H. 148 of the 1979 Regular Session (Acts 1979, p. 687), as amended.

3. An amount equal to ten percent of the total of all net funds received by Escambia County after the effective date of this act, and distribution of funds as provided in Section B1 hereof, from a severance tax or privilege tax on oil and gas under any general law, including Sections 40-20-1 through 40-20-13, Code of Alabama 1975, as amended, or any local law whatsoever, or not otherwise herein allocated, distributed or designated, shall be deposited in the Escambia County general fund.

The provisions of this subsection B3 become effective immediately upon the first receipt of funds by Escambia County pursuant to Act No. 79-434, H. 148, 1979 Regular Session (Acts 1979, p. 687), as amended.

Amendment 537

Election of Board of Education of City of Attalla.

The legislature may by local act provide for the election of the members of the board of education of the City of Attalla in Etowah County.

Amendment 538

Incorporation of Tom Bevill Reservoir Management Area Authority.

Any provision of the Constitution of Alabama or amendments thereto to the contrary notwithstanding, the legislature by general or local law may provide for and authorize in Fayette County the incorporation of a public corporation as a political subdivision of the state to be named The Tom Bevill Reservoir Management Area Authority, for the development of that portion of North River in Fayette County and within the boundaries of The Tom Bevill Reservoir Management Area, its tributaries and watershed area, for the purposes of water conservation and supply, dam construction and reservoir development, for industrial development, flood control, navigation, irrigation, public recreation and related purposes. Any such law may provide for the composition of the board of directors of the authority and specify the powers and duties of the authority and its board of directors, may authorize the authority to investigate the resources of The Tom Bevill Reservoir Management Area, and to determine and implement the requirements for its full development and control, and to carry out a unified comprehensive program of resource development, together with other powers to effectuate the foregoing objective, may authorize the authority to acquire land and interests in land by purchase, construction, lease, condemnation or otherwise, and to hold, manage and sell such land and interests therein, may make provisions respecting the establishment and revision of rates, fees and charges for services rendered by the authority, may provide for the issuance by the authority for any of its corporate purposes of interest-bearing revenue bonds and notes payable solely out of the revenues of the authority or out of the revenues of any particular facilities and other property of the authority, without regard to the specific facilities and other property with respect to which such bonds and notes may have been issued, may provide further for certain taxes, may provide that such bonds and notes shall constitute negotiable instruments, may provide that such bonds and notes may be secured by a pledge of the revenues from which they are payable, by contracts binding the authority for the proper application of its revenues and the proceeds of such bonds and notes and by a nonforeclosable mortgage or deed of trust or statutory mortgage lien on the facilities and other property out of the revenues from which such bonds and notes are payable, and may provide that bonds and notes of the authority may be issued under a trust indenture, may provide for constructive notice of any such statutory mortgage lien, may authorize and make provisions respecting the assumption by the authority of obligations respecting facilities and other property acquired by the authority, may provide for the use of the proceeds of bonds and notes issued by the authority and provide for the refunding by the issuance of bonds and notes of the authority of bonds and notes theretofore issued or obligations theretofore assumed by it, may provide that bonds and notes issued and contracts entered into by the authority pursuant to the act shall not constitute or create a debt of the state or of any county, municipality or other political subdivision of the state, may authorize the Fayette County commission and the municipalities located within Fayette County to contribute money to the authority, without the necessity of an election and with or without consideration therefor, may exempt from all taxation in this state, the authority, its property, corporate activities, income, revenues, bonds and notes, the income from its bonds and notes, and conveyances, leases and mortgages and deeds of trust to which the authority is a party, and exempt the authority from payment of certain charges to judges of probate, it grants to the authority the power to levy and collect within the boundaries of the management area certain excise taxes, sales taxes, and ad valorem taxes, may provide that the authority shall have zoning power within the boundaries of the management area, may provide that the authority shall be exempted from regulation and supervision by the public service commission and the state department of finance, may provide for the use of public roads in the state by the authority, and may provide for certain annual reports by the authority.

Amendments

  • Amended by Amendment 751.

Amendment 539

Business License Taxes in Jefferson County.

In order to allow for the orderly and efficient collection of municipal business license taxes in Jefferson County with respect to corporations, firms, brokers, agents and others in the business of buying, selling, leasing or representing others in the purchase, sale or lease of real property in Jefferson County, the legislature may, by local law, provide for the imposition and collection of such taxes as follows:

a. Any city or town within Jefferson County may fix and collect licenses pursuant to Sections 11-51-90 and 11-51-91 of the Code of Alabama 1975, as amended, for any business, trade or profession relating to the buying, selling or renting of real estate on commission in Jefferson County if such licensee maintains its principal place of business in the corporate limits or police jurisdiction of that municipality.

b. Effective January 1, following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under a. above, every corporation, firm, broker, agent or other person or entity engaged in the business of buying, selling, managing, leasing or renting of real estate on commission in Jefferson County shall pay an annual business license tax at a rate to be set by the legislature for the privilege of engaging in such business in every other city or town in Jefferson County. Such tax shall be collected by the Revenue Director of Jefferson County and shall be distributed by the Revenue Director of Jefferson County to each city or town within Jefferson County on a pro rata basis based on population. The Revenue Director of Jefferson County shall be entitled to an administrative fee for administering this tax at a rate to be set by the legislature; such fee to be added to the license tax collected hereunder.

c. Effective January 1, following the ratification of this amendment and each year thereafter, except for the licenses permitted or mandated under a. and b. above, no other privilege license tax shall be imposed under Sections 11-51-90 and 11-51-91 of the Code of Alabama 1975, by any city or town within Jefferson County on corporations, firms, brokers, agents or other persons or entities engaged in the business of buying, selling, managing, leasing or renting of real estate on commission in Jefferson County.

Amendment 540

Fees, Commissions, Allowances and Salaries of Macon County Officers.

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 judge of probate and other county officers of Macon County, and may put such officers on a salary basis and provide for the operation of their offices on such basis.

Amendment 541

Investments of Assets of Class 2 Municipality Police and Fire Fighters Pension Plans.

The capital and income from any Policemen's and Fire Fighters' Pension Fund for a Class 2 municipality, may be invested in such kinds of investments and in accordance with such conditions as shall, from time to time, be authorized by law for the investment of the Alabama Heritage Trust Fund and the Alabama Trust Fund or any of the trust funds of either the Teachers' Retirement System of Alabama or the Employees' Retirement System of Alabama.

Amendment 542

Bingo Games in St. Clair County.

The operation of bingo games for prizes or money by certain nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in St. Clair County, subject to the provisions of any resolution or ordinance by the county governing body or the governing bodies of the respective cities and towns within their respective jurisdictions as provided by law regulating such operation. The said governing bodies shall have the authority to promulgate rules and regulations for the issuance of permits or licenses and for operation of bingo games within their respective jurisdictions; provided, however, that said governing bodies must insure compliance pursuant to said law and the following provisions:

(1) No person under the age of 19 shall be permitted to play any game or games of bingo unless accompanied by a parent or guardian; nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo;

(2) No bingo permit or license shall be issued to any nonprofit organization unless such organization shall have been in existence for at least 24 months immediately prior to the issuance of the permit or license;

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;

(4) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;

(5) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;

(6) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week;

(7) By whatever name or composition thereof, no person or organization shall take any expenses for the operation of a bingo game except as permitted by law.

(8) A fee of $.10 (ten cents) shall be levied upon each bingo card sold pursuant to the provisions of this amendment or pursuant to any local law. Said fee shall be collected by the nonprofit organization who sold the bingo card and paid to the tax collector or revenue commissioner of St. Clair County on a weekly basis. The tax collector or revenue commissioner shall place the proceeds collected into the treasury of St. Clair County in a special fund. All funds collected shall be expended by the county commission in the following manner:

40% (forty percent) of said funds shall be allocated to volunteer fire departments located in St. Clair County;

30% (thirty percent) of said funds shall be allocated to senior citizens' programs and facilities;

20% (twenty percent) of said funds shall be allocated to youth recreation programs and facilities;

10% (ten percent) of said funds shall be allocated to the St. Clair County sheriff's department.

The tax collector or revenue commissioner of St. Clair County shall have authority to promulgate necessary rules and regulations to implement the procedure for the collection of the fee prescribed herein. The legislature, from time to time, may by local law alter the fee levied herein and alter the method of allocating the proceeds of said fee.

Amendment 543

Acquisition, Maintenance and Protection of Unique Lands and Water Areas.

Section 1. Declaration of Purpose.

The Legislature of Alabama finds that Alabama is endowed with a rich diversity of natural areas having unique ecological systems, plant and animal life, geological formations, wildlife habitats, recreational values and scenic beauty. As a part of the continuing growth of the population and the economic development of the state, it is necessary and desirable that certain lands and waters be set aside, managed and preserved for use as state parks, nature preserves, recreation areas, and wildlife management areas. In order to meet the State's outdoor recreation needs and to protect the natural heritage of Alabama for the benefit of present and future generations, it is the policy of the state to:

(a) Protect, manage, and enhance certain lands and waters of Alabama with full recognition that this generation is a trustee of the environment for succeeding generations;

(b) Protect, to the fullest extent practicable, recreational lands and areas of unique ecological, biological and geological importance; and

(c) Promote a proper balance among population growth, economic development, environmental protection, and ecological diversity. Accordingly, there is hereby established the Alabama Forever Wild Land Trust for the purpose of identifying, acquiring, managing, protecting and preserving natural lands and waters that are of environmental or recreational importance.

Section 2. Definitions.

(1) "Alabama Trust Fund" means the irrevocable, permanent trust fund created by Amendment 450 to this Alabama Constitution of 1901.

(2) "Alabama Trust Fund Board" means the board of trustees of the Alabama Trust Fund as established by Amendment 450 to this Alabama Constitution of 1901.

(3) "Appraised Value" means that price estimated in terms of money at which the property would change hands between a willing and financially able buyer and a willing seller, neither being under any compulsion to buy or sell.

(4) "Board" means the Board of Trustees of the Alabama Forever Wild Land Trust, as established by Section 4 of this Amendment.

(5) "Commissioner" means the Commissioner of the Alabama Department of Conservation and Natural Resources or any other officer of the state who, by law, shall succeed to his responsibilities.

(6) "Conservation Easement" means a right, whether or not stated in the form of restriction, easement, covenant or condition, in any deed, will, or other instrument executed by or on behalf of the owner of land providing for the retention of properties predominantly in their natural, scenic, open or wooded condition, or as suitable habitat for fish and wildlife, or as recreational lands.

(7) "Dedication" means the transfer to the state of an estate, interest, or right in a natural area to fulfill the purposes of this Amendment.

(8) "Department" means the Alabama Department of Conservation and Natural Resources or any other department or agency of the state that, by law, shall succeed to its functions and responsibilities.

(9) "Final Approval Committee" means a Committee, as established by Section 6 of this Amendment, to be composed of the Governor, the Lieutenant Governor and the Speaker of the House of Representatives.

(10) "Forever Wild Land Trust" means the Alabama Forever Wild Land Trust created by this Amendment.

(11) "Instrument of Dedication" means any written document by which an estate, interest, or right in a natural area is formally dedicated as a natural area preserve.

(12) "Land" or "lands" means real property and any interests therein, including, but not limited to, fee simple titles, ownership interests less than fee simple, leases, easements, licenses, restrictions and use agreements. Such property and interests therein shall also include wetlands, estuarine areas and submerged lands and the waters thereon.

(13) "Natural Area" means any property, whether publicly or privately owned, (a) that retains or has generally reestablished its natural character, though it need not be completely natural and undisturbed, or (b) which is important in preserving rare or vanishing flora and fauna, native ecological systems, fish and wildlife habitats, geological, natural, scenic or similar features of scientific, recreational, or educational value benefitting the citizens of the state.

(14) "Natural Area Preserve" means a natural area that has been dedicated pursuant to Section 12 of this Amendment.

(15) "State" means the State of Alabama.

(16) "Stewardship" means the maintenance, protection, operation, enhancement, and management of lands acquired for the Forever Wild Land Trust.

(17) "Trustee" means a member of the Board of Trustees of the Forever Wild Land Trust.

(18) "Trust income" means the net income received by the state from the investment and reinvestment of all assets of the Alabama Trust Fund, determined in accordance with the provisions of Amendment Number 450 of the Constitution of Alabama of 1901.

(19) In dividing the State into geographical regions:

(a) "Central District" means the following counties of the state: Autauga, Bibb, Chambers, Chilton, Clay, Coosa, Elmore, Greene, Hale, Jefferson, Lee, Perry, Pickens, Randolph, Shelby, Sumter, Talladega, Tallapoosa, and Tuscaloosa.

(b) "Northern District" means those counties in the geographical region of the state north of the Central District, as defined above.

(c) "Southern District" means those counties in the geographical region of the state south of the Central District, as defined above.

(20) "Person" means any individual, firm, corporation, trust, partnership, or association.

Section 3. Establishment of Forever Wild Land Trust, Lead Management Agency, and Categories of Lands to be Acquired.

(a) For the purposes set forth in this Amendment, there is hereby established the Alabama Forever Wild Land Trust, which shall be a permanent trust to be funded and administered in accordance with the provisions of this Amendment. Title to all properties acquired for the Forever Wild Land Trust shall be vested in the Alabama Trust Fund for the State of Alabama. The Department shall serve as the lead management agency with respect to all lands acquired and shall have the responsibility of providing to the Board administrative support as necessary.

(b) In order to protect the natural heritage and diversity of Alabama for future generations, the state, acting through the Forever Wild Land Trust, will acquire lands, the title of which shall be held in the Alabama Trust Fund, to ensure their protection and use for conservational, educational, recreational or aesthetic purposes. These lands may include, but shall not be limited to, the following: Wetlands, river corridors, lakes and streams, and the banks and shores thereof, springs, riverine, montane, plain, coastal, and other kinds of terrain, geological systems, areas supporting threatened or endangered species, sensitive and ecologically important lands, unusual habitat types, forests and woodlands, fish and wildlife habitats, wilderness areas, unusual assemblages of wildflowers, natural lands, waters or wetlands that will provide public hunting and fishing, lands having other distinctive natural or recreational characteristics, and lands that will constitute suitable additions to the state's system of parks and fish and wildlife management areas.

(c) Property purchased with Forever Wild Land Trust moneys or which become part of the trust property through dedication or by some other means shall be subject to the condemnation of easements, rights-of-way and other necessary rights and estates in property by or on behalf of corporations that construct, own or operate railroads, pipelines for the transportation of oil, gas, fuel or water, hydroelectric or other electric generating facilities and electric lines, telephone transmission lines and other communication facilities, or any other public utility or method of transportation which serves, or is intended to serve, the public convenience and necessity to the same extent and under the same conditions that such lands, if owned by private persons, would be subject to condemnation by such corporations under federal or state law now in effect or hereafter enacted. No use of any such lands as determined by the Board shall constitute a use thereof for public purposes that will require proof of actual necessity by any corporation seeking to condemn such lands.

(d) Notwithstanding any other provision of this Amendment, no property shall be acquired for the Alabama Trust Fund or with moneys from the Forever Wild Land Trust through condemnation or the use of eminent domain.

(e) No funds or assets of the Forever Wild Land Trust derived from any source shall be expended or used to construct or improve buildings, structures or facilities used for human lodging, feeding or entertainment, including, without limitation thereto, hotels and other lodging facilities, restaurants, convention centers and meeting halls, golf courses, dancing or meeting pavilions, tennis courts, recreational dams, exhibition halls, and similar facilities that have a principal purpose not related to the stewardship of properties of the Forever Wild Land Trust, the title of which is held in the Alabama Trust Fund, in their natural state; provided, however, that nothing herein contained shall be construed to prohibit the expenditure of funds allocated to the Stewardship Account for the construction and maintenance of roads, bridges, culverts, drainage facilities, hiking trails, boat launching ramps and other improvements located on Trust Lands to provide reasonable public access thereto, for the construction and maintenance of visitors' centers and facilities, interpretive displays and other facilities for the guidance and education of visitors, for the construction and maintenance of facilities and the acquisition of equipment necessary or appropriate in connection with the performance of stewardship responsibilities (including housing for custodial personnel), or for any other purpose reasonably related to the stewardship responsibilities of the Board.

Section 4. Establishment of Board of Trustees of the Alabama Forever Wild Land Trust.

(a) There is hereby established the Board of Trustees of the Alabama Forever Wild Land Trust, which shall consist of fifteen voting members as follows:

(1) One member shall be the Commissioner of the Department who shall also serve as Chairman of the Board.

(2) One member shall be the State Forester.

(3) Three members which shall be appointed by the Alabama Commission on Higher Education from Departments of Biology, Zoology, Environmental Sciences and Wildlife Science from eligible four-year institutions of higher education in Alabama. An eligible institution shall consist of a public or private four-year college or university, offering a degree in biology or one of its divisions, and having an enrollment of at least 1500 undergraduate students. There shall be one professional biologist appointed to the Board from eligible institutions in the Northern District of the state, one from such institutions in the Central District of the state, and one from such institutions in the Southern District of the state, as said districts are defined in Section 2 hereof. Each eligible institution in the appropriate geographical region shall be entitled to submit one nomination to the Alabama Commission on Higher Education for the professional biologist trustee from that region on the Board.

(4) One member shall be the Executive Director of the Marine Environmental Sciences Consortium.

(5) There shall be three members from each of the three geographical regions of the state as defined in Section 2 of this Amendment, as follows. Provided, however, at least one appointee by the Governor, at least one appointee by the Lieutenant Governor and at least one appointee by the Speaker of the House of Representatives shall be black. If none of the recommending groups recommend a black to the appointing authority, said appointing authority shall appoint a black on his or her own initiative.

(A) One member from the Northern District shall be appointed by the Governor from a list of names presented by Group A and shall serve an initial term of six years. One member from the Northern District shall be appointed by the Lieutenant Governor from a list of names presented by Group B and shall serve an initial term of four years. One member from the Northern District shall be appointed by the Speaker of the House of Representatives from a list of names presented by Group C and shall serve an initial term of two years.

(B) One member from the Central District shall be appointed by the Lieutenant Governor from a list of names presented by Group C and shall serve an initial term of six years. One member from the Central District shall be appointed by the Speaker of the House of Representatives from a list of names presented by Group A and shall serve an initial term of four years. One member from the Central District shall be appointed by the Governor from a list of names presented by Group B and shall serve an initial term of two years.

(C) One member from the Southern District shall be appointed by the Speaker of the House of Representatives from a list of names presented by Group B and shall serve an initial term of six years. One member from the Southern District shall be appointed by the Governor from a list of names presented by Group C and shall serve an initial term of four years. One member from the Southern District shall be appointed by the Lieutenant Governor from a list of names presented by Group A and shall serve an initial term of two years.

(D) Any successor appointments and appointments to vacancies shall be made in the same manner as described in subparagraphs (A), (B) and (C) above, and members appointed after the initial term of that office has expired shall serve for six-year terms, except that no member shall serve consecutive six-year terms.

(E) It is the intent of this Amendment that the eastern and western areas of the three geographical regions of the state shall be represented on the Board of Trustees.

(6) Each person appointed to the Board shall be and remain an Alabama resident and shall have a demonstrated knowledge of and commitment to land acquisition for the purposes of conservation and recreation. Organizations making recommendations to the appointing officials shall be Alabama organizations or the Alabama chapter of national organizations in order to ensure that the decisions affecting Alabama's future are made by Alabama residents.

The recommending groups are composed as follows:

(A) "Group A" shall consist of non-profit organizations, each having its principal programs extending generally throughout the State, whose demonstrated primary concerns are environmental protection for the state and its citizens and non-consumptive use and preservation of natural areas, and whose membership exceeds 750 individual residents of Alabama, including, but not limited to, The Nature Conservancy of Alabama, the Alabama Audubon Council (comprising the chapters in Alabama of the National Audubon Society), The Alabama Conservancy, the Alabama Chapter of the Sierra Club, and their respective successor organizations.

(B) "Group B" shall consist of business, industry, trade associations and professional organizations, each having its principal programs extending generally throughout the state, and having a demonstrated concern for balancing economic growth with protection for the environment and increased recreational opportunities, including, but not limited to, the Business Council of Alabama, the Alabama Forestry Association, Alabama Forest Resources Center, the Alabama Farmers Federation, the Petroleum Council of Alabama, the Association of County Commissions of Alabama, and their respective successor organizations.

(C) "Group C" shall consist of non-profit organizations, each having its principal programs extending generally throughout the state, whose demonstrated primary purposes are to promote hunting, fishing, camping or other compatible recreational activities or conservation for such purposes, and whose membership exceeds 750 individual residents of Alabama, including, but not limited to, the Alabama Wildlife Federation, the Alabama State Advisory Council of Ducks Unlimited, Bowhunters of Alabama Inc., the Coastal Land Trust, Inc., the Gulf Coast Conservation Association, the Tennessee Valley Waterfowl Association, the Alabama Rifle and Pistol Association, the Alabama Chapter of the Safari Club International (whether or not those named organizations meet the membership requirement), and their respective successor organizations.

(D) In order to qualify as a recommending organization, each organization not specifically listed in this section must file with the Secretary of State and with the named organizations within the same "group", by January 1 preceding the date of expiration of term of office of Trustees hereunder, a written statement of intent to nominate persons to serve on the Board. This statement must include a request for designation of the "group" within which the organization plans to nominate Trustees and information demonstrating that the organization qualifies to make such nominations. It shall also include a copy of the organization's charter, stating its purpose. Should the Secretary of State or any of the named organizations within the same group oppose in writing the eligibility of the new organization to nominate members of the Board or the designation of the "group" within which it proposes to nominate members, then the Secretary of State shall determine the eligibility of the applying organization to submit nominations for membership on the Board and, if determined eligible, the "group" within which it shall submit nominations. In making this decision, the Secretary of State shall give due consideration to the views submitted to him by the organizations in the "group" within which the new organization proposes to submit nominations. An organization, together with its affiliates, cannot recommend names to the appointing officials as a member of more than one "group".

Each organization submitting nominations may submit, to the appropriate appointing official for that position on the Board, the names of not more than two of its members who have the qualifications to serve in the position for which they are being nominated. In the event that no organization within a group recommends names to the appointing official, then that official may appoint a Trustee from that group solely of his own choice.

(E) Terms of office of the initial Trustees shall begin on the January 1 following ratification of this Amendment, or on the first day of the third month following said ratification, whichever shall first occur. Terms of office of successor Trustees shall begin and end on anniversaries of that date. In the case of the initial appointments of Trustees, nominations shall be made to the appropriate appointing officials not later than one month after ratification of this Amendment, and appointments by said officials shall be made by the date of beginning of the initial Trustees' terms of office. Nominations of successor Trustees shall be made to the appropriate appointing officials not later than two months prior to the expiration of the Trustees' terms of office, and said officials shall appoint new Trustees within 30 calendar days after the expiration of said terms. In the event a Trustee resigns or dies, or otherwise vacates his office, the Commissioner or the Secretary of State shall promptly notify the appropriate nominating organizations and shall publish notice of such vacancy once a week for three successive weeks in three newspapers of regional circulation in this state with a request for new nominations from any group that may qualify to do so under the provisions of this Amendment. Nominations for a replacement Trustee shall be made to the appointing official during the 30 calendar days following such death, resignation or other vacation of office, and the appointing official shall appoint a replacement Trustee not later than the end of the next succeeding 30 calendar days thereafter. In the event the appropriate appointing official fails to make an initial appointment or an appointment within said 30-day periods for appointment after expiration of term of office or after death, resignation or other vacation of office, the right to make an appointment to fill that vacancy shall fall to the next appointing official in line of rotation of the Governor to the Lieutenant Governor to the Speaker of the House (with the Governor then to follow the Speaker); and, if that successor appointing official fails to make such appointment within 30 days, then the right to make the appointment shall fall to the next succeeding appointing official, all to the end that there will, as nearly as possible, always be a full complement of Trustees on the Board. Trustees appointed to fill a vacancy other than by reason of expiration of term of office shall serve the remainder of the unexpired term of the Trustee being replaced.

Section 5. Rights, Powers, and Duties of the Board.

(a) The Board is to meet at least quarterly each year for the transaction of its business and to review the progress of the Forever Wild Land Trust. It shall review written requests from state agencies, private organizations, and private citizens proposing that certain properties or interests therein be acquired. For purposes of establishing a quorum, there must be present at least three-fifths (3/5) of the members of the Board then in office at any Board meeting in order to conduct business; provided, however, that in absence of a quorum, the members present, by majority vote, may adjourn the meeting from time to time until a quorum shall attend. Any Board action or recommendation must be approved by at least three-fifths (3/5) of the members of the entire Board then in office, unless specified otherwise in this Amendment. Using its own knowledge and expertise, as well as the knowledge and expertise of the scientific community and state and federal agencies, the Board shall adopt a priority list of properties to be considered for acquisition. Recognizing that real estate transactions must involve willing sellers and may involve complicated procedures that could affect the availability of property, the Department shall, to the extent practicable, follow the directions of the Board in acquiring lands or waters. Provided, however, the Forever Wild Land Trust may only purchase or acquire an interest in property from the priority list of properties adopted by the Board.

(b) In addition to the site-specific management and allowable use guidelines referred to in Section 9, the Board may recommend to the Department rules, regulations and management criteria, which the Board feels would be beneficial to carrying out the goals and purposes of this Amendment.

(c) The Board shall assist the Department in developing and maintaining an inventory of areas and sites which through acquisition become state natural and/or recreational areas and shall make public as desirable information regarding their location, management, regulation, and permissible public uses.

(d) The Board shall prepare and submit to the Governor and the state Legislature, on or before February 1 of each year, a report which shall describe and account for all expenditures and acquisitions by the Forever Wild Land Trust for the preceding fiscal year, as well as plans for the current fiscal year. The Board shall present this annual report to the public at a public meeting to be held within ten days after February 1 of each year. The public meeting shall be an informal process to present information on the Forever Wild Land Trust to the public and give the public an opportunity to have a dialogue with the Board regarding its future plans and operations.

(e) Before purchasing or acquiring any interest in lands with moneys from the Forever Wild Land Trust, the Board, acting through the Commissioner, or the Commissioner on his own initiative, shall obtain at least two appraisals from certified real estate appraisers. In no event shall the Board expend more than the "appraised value", as defined in Section 2 of this Amendment, in purchasing such lands; provided, however, that by affirmative vote of at least three-fourths (3/4) of the members of the Board, the Board may expend up to 125 percent of the appraised value for such purchase where such action is necessary to accomplish the purposes and goals of this Amendment.

(f) The Board may assume indebtedness on behalf of the Forever Wild Land Trust that may be owed with respect to real or personal property given, donated, contributed or devised to the Forever Wild Land Trust, or that may be secured by a mortgage, deed of trust or security interest covering such property, and to agree to pay such indebtedness from current assets or future revenues of the Forever Wild Land Trust; provided that the present value of all installments of principal and of interest on such indebtedness at the time of the assumption thereof, determined in accordance with accepted principles and using a discount rate equal to the rate of interest payable on such indebtedness, shall be less than 80% of the fair market value of such property as determined by an active public market for such property or an appraisal performed by an independent, professionally qualified appraiser.

(g) The Board may contract for the purchase of tracts or parcels of land in which the purchase price shall be payable in future installments, together with such rate of interest on the unpaid balance of such purchase price as the Board shall determine to be reasonable, and to secure the payment of such installments, together with the interest thereon, by purchase money mortgages on the land so acquired and by a pledge of future revenues committed to the Forever Wild Land Trust, including, without limitation thereto, any portion of the trust income allocated to said trust by Section 7 of this Amendment; provided that such installments shall in no event exceed 80% of the fair market value of such property determined as set forth in the preceding subsection and provided further that the total cumulative indebtedness assumed each year under the preceding sub-section (f) together with the total cumulative indebtedness incurred each year by purchase money mortgages as provided in this sub-section (g) shall be limited to no more than 25% of the trust income allocated to said trust for the preceding year.

(h) The Board may enter into contracts with any person, nonprofit organization, corporation, governmental entity or other entity concerning tracts or parcels of land that constitute desirable acquisitions for the Forever Wild Land Trust pursuant to which such person, nonprofit organization, corporation, governmental entity or other entity will agree to acquire and hold such land, or to hold such land if theretofore acquired by such person, nonprofit organization, corporation, governmental entity or other entity and to sell or donate such land to the Forever Wild Land Trust at some future date, in the interim preserving and managing such land in its natural state subject to such conditions, including the reimbursement of expenses, as the Board shall deem advantageous for the ultimate acquisition and preservation of such land.

(i) The Board may sell, lease or exchange specific properties or interests therein acquired or held by the Alabama Trust Fund for the Forever Wild Land Trust. Any such sale or exchange shall be made at not less than the "appraised value", as defined in Section 2 of this Amendment; provided, however, that by affirmative vote of at least three-fourths (3/4) of the members of the Board, the Board may authorize and direct the Commissioner to sell or exchange property of said trust for not less than 85 percent of the appraised value where such action is necessary to accomplish the purposes and goals of the Amendment. All moneys received from any such sale or lease shall be paid into the Forever Wild Land Trust.

(j) The Board shall establish a technical advisory committee, consisting of the State Forester, the President of the Alabama Chapter of the Wildlife Society, the State Geologist, and any other person whom the Board may desire to appoint, for the purpose of obtaining advice and assistance in performing the Board's functions and duties under this Amendment.

(k) In addition, the Board is authorized at its discretion:

(1) to establish procedures relating to the confidentiality of information where necessary to accomplish the purposes and goals of this Amendment;

(2) to cooperate or contract with any federal, state or local government agency, private organization, or individual to accomplish any of the purposes and goals of this Amendment, paying any reasonable fees or expenses in connection with such cooperation or contracts from moneys held under or within the Forever Wild Land Trust;

(3) to recommend that moneys paid into the Forever Wild Land Trust be allowed to accumulate, with only the income thereon being spent, or that the corpus or principal of the Forever Wild Land Trust be expended in whole or in part;

(4) to do any and all things necessary to take advantage of federal, state, or local government or private funds donated or obtainable through the use of the Forever Wild Land Trust; and

(5) to adopt, alter and repeal bylaws, regulations and rules in accordance with the provisions of the Administrative Procedure Act for the regulation and conduct of its affairs and business in accordance with the provisions of the Alabama Administrative Procedures Act.

(l) Members of the Board and the technical advisory committee shall be entitled to receive the per diem allowance and travel expenses provided by law to state employees. These expense payments shall be for the sole purpose of travel to and from their places of residence to meetings and for travel involving official business of the Forever Wild Land Trust. Those members who are state officials or employees shall serve without compensation or expense allowances other than that to which they are otherwise entitled in the positions they hold.

(m) The Commissioner and the Department are hereby specifically authorized and empowered to carry out all directions and recommendations of the Board made hereunder to accomplish the purposes of the Forever Wild Land Trust and this Amendment.

Section 6. Final Approval Committee.

There is hereby established a Final Approval Committee to be composed of the Governor, the Lieutenant Governor and the Speaker of the House of Representatives.

Before purchasing or leasing any property, or acquiring any interest therein, with any funds from the Forever Wild Land Trust or selling any properties previously purchased from the Forever Wild Land Trust, the Board shall submit to the Final Approval Committee a written proposal of the purchase, lease, sale or acquisition of any other interest in property. Said proposal shall include a legal description of the property to be purchased, leased or sold; the proposed purchase, lease or sale price; and any additional terms of the sale, purchase, lease or other interest therein. The Final Approval Committee shall approve or disapprove the proposal by a majority vote of the full membership of said Committee within 30 days after the date of submission of the proposal. Failure of the Committee to act within 30 days of submission shall constitute approval of said proposal.

Section 7. Source of Funds.

(a) Beginning with the state's 1992-1993 fiscal year, there shall be allocated and paid into the Forever Wild Land Trust the percentage of trust income earned from the Alabama Trust Fund that would have been reinvested in the Alabama Trust Fund under Section 4(c) of Amendment Number 450 to this Alabama Constitution of 1901. Notwithstanding Section 4(c) of Amendment Number 450 to the Alabama Constitution of 1901, the percentage of trust income earned from the Alabama Trust Fund shall be allocated to the Forever Wild Land Trust as follows:

(1) For the 1992-1993 fiscal year, four percent (4%) of the trust income earned from the Alabama Trust Fund.

(2) For the 1993-1994 fiscal year, five percent (5%) of the trust income earned from the Alabama Trust Fund.

(3) For the 1994-1995 fiscal year, six percent (6%) of the trust income earned from the Alabama Trust Fund.

(4) For the 1995-1996 fiscal year, seven percent (7%) of the trust income earned from the Alabama Trust Fund.

(5) For the 1996-1997 fiscal year, eight percent (8%) of the trust income earned from the Alabama Trust Fund.

(6) For the 1997-1998 fiscal year, nine percent (9%) of the trust income earned from the Alabama Trust Fund.

(7) Thereafter, ten percent (10%) of the trust income earned from the Alabama Trust Fund; provided, however, that in no event shall such trust income paid to the Forever Wild Land Trust exceed $15 million in any one fiscal year.

(b) The Alabama Trust Fund Board shall provide the Board of Trustees of the Forever Wild Land Trust with advice and assistance in the investment of funds in the Forever Wild Land Trust.

(c) Title to the property acquired from funds in the Forever Wild Land Trust shall be held in the Alabama Trust Fund for the State of Alabama. Provided, however, the Alabama Trust Fund Board shall not have any responsibility for nor any control over the approving or disapproving of the acquisition, disposition or use of any such property. Nothing in this Amendment or Amendment 450 to this Alabama Constitution of 1901 shall be construed so as to require the Alabama Trust Fund Board to have a fiduciary responsibility for the investment of Forever Wild Land Trust funds or the production of income from property acquired by the Board of Trustees of the Forever Wild Land Trust.

(d) The amounts allocated to the Forever Wild Land Trust shall be included in determining whether the trust income received by the state from the Alabama Trust Fund equals or exceeds $60,000,000 for the purposes of the County Government Capital Improvement Act (codified at Sections 11-29-1 through 11-29-7 of the Code of Alabama, 1975, as amended) and the Municipal Government Capital Improvement Act (codified at Sections 11-66-1 through 11-66-7 of the Code of Alabama, 1975, as amended). In no event shall any provision hereof serve to decrease the amount of income from the Alabama Trust Fund which is to be appropriated to the Municipal Government Capital Improvement Fund and the County Government Capital Improvement Fund under the above-referenced acts.

Section 8. Donations of Property.

Any person making a donation of any property or any interest therein, to the state for the purposes of this Amendment, shall receive, irrespective of any other provisions of the income tax laws of the state, twice the ordinary deduction for state income tax purposes for the taxable year in which the property or interest is donated. Provided, however, the value of any such property or interest therein, subject to this double deduction, shall be limited to the actual value of the property, or any interest therein, donated to the state which shall not include any indebtedness, encumbrances or liens assumed by the Forever Wild Land Trust or the value of any interests or rights retained by the donor.

For the purposes of this section, the "actual value" of property shall be the appraised value for ad valorem taxation purposes, averaged over the preceding five years.

Section 9. Stewardship Account.

The Alabama Trust Fund Board shall establish a separate account within the Alabama Trust Fund to be known as the Forever Wild Land Trust Stewardship Account. When the Forever Wild Land Trust acquires property or an interest in property pursuant to this Amendment, the Board of Trustees of the Forever Wild Land Trust shall set aside an amount from the Forever Wild Land Trust equal to fifteen percent (15%) of the appraised value of the land acquired, or the land affected if less than a fee interest was acquired. The Alabama Trust Fund Board shall provide for the investment of the Stewardship Account. The Board of Trustees of the Alabama Forever Wild Land Trust may authorize the Department to expend any interest income generated from the investment of funds within the Stewardship Account by the Alabama Trust Fund Board. Provided, however, the Commissioner shall notify the Board of Trustees in writing if he determines that the interest income projected to be generated from the Forever Wild Land Trust Stewardship Account for the next fiscal year will be insufficient to properly manage property acquired by the Forever Wild Land Trust. The Board may authorize by a three-fifths (3/5) vote that funds within the corpus of the Forever Wild Land Trust Stewardship Account be expended by the Department for management purposes for the next fiscal year, provided that funds from the Stewardship Account may not be expended to purchase additional property or interests therein. Within one year after the Forever Wild Land Trust acquires any properties pursuant to this Amendment, the Board of Trustees of the Forever Wild Land Trust shall develop management and allowable use guidelines which shall be followed by the Department in the administration and stewardship of that piece of property. The Lands Division of the Department shall, in accordance with such general directions as may be given by the Board of Trustees, coordinate management of properties acquired pursuant to this Amendment and expenditures from the Stewardship Account. All lands will be managed under the multiple-use management principle; to insure that all resource values including recreation, hunting, fishing, boating, hiking, aesthetics, soil, water, forest management and minerals are protected or enhanced. No use will be allowed that is not compatible with the primary purpose for acquiring the land. In coordinating such management within the Department, the Game and Fish Division of the Department shall manage wildlife and fisheries programs; the State Parks Division of the Department shall manage parks programs; the Lands Division of the Department shall manage natural areas programs through its Natural Heritage Program; and the Lands Division of the Department shall manage other activities and programs relating to Forever Wild Land Trust properties. The Forestry Commission shall serve as consultant to the Department for the purpose of managing the forest and forestry resources programs. Any income that may be generated from the property or from any use of said property acquired through the Forever Wild Land Trust shall be treated as interest income of the Alabama Trust Fund and shall accrue to the credit of the general fund of the State of Alabama.

The right of the public to hunt and fish on the lands and easements acquired under the provisions of this act shall not be abridged or restricted, subject to such rules, regulations, seasons and limits as are established by the Department of Conservation and Natural Resources.

Section 10. Enforceability of Conservation Restrictions; Recordation; Acquisition and Disposal of Interests.

(a) No conservation restriction or easement as defined in Section 2 of this Amendment held by any governmental body shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of the benefit being assignable to or being assigned to any other governmental body with like purposes. All such restrictions and easements shall be duly recorded and indexed in the manner of other conveyances of interests in land, and shall describe the land subject to the restrictions or easements by adequate legal description or by reference to a recorded plat showing its boundaries.

Such conservation restrictions are interests in land and may be acquired by any governmental body which has power to acquire interests in land, in the same manner as it may acquire other interests in land. Such a restriction or easement may be enforced by injunction or proceeding in equity, and shall entitle the holder of it to enter the land in a reasonable manner and at reasonable times to assure compliance. Such a restriction or easement may be released in whole or in part, by the holder for such consideration, if any, as the holder may determine, in the same manner as the holder may dispose of land or other interest in land, subject to such conditions as may have been imposed at the time of creation of the restriction.

This section shall not be construed to imply that any restriction, easement, covenant or condition which does not have the benefit of this section shall, on account of any provision hereof, be unforceable. Nothing in this Amendment shall diminish the powers granted by any law to acquire by purchase, gift, eminent domain or otherwise as restricting the use of an existing or future easement, express or implied, in favor of any utility or other holder of an easement for public purpose. The existence of conservation easements or restrictions shall not of itself be proof of value as a measure of damages in any eminent domain proceedings.

(b) When a conservation restriction or easement is held by public body under the program established by this Amendment, the real property subject thereto shall be assessed for taxation purposes on the basis of the true cash value of the property or as otherwise provided by law, less such reduction in value as may result from the granting of the conservation restriction or easement. The value of the interest held by the public body shall be exempt from property taxation to the same extent as other public property.

Section 11. Alabama Natural Heritage Program.

(a) The Alabama Natural Heritage Program is hereby established as a part of the Lands Division of the Department, or its duly designated successor, and shall be funded from the Forever Wild Land Trust or the Forever Wild Land Trust Stewardship Account as provided by the Board, and from private donations.

(b) For purposes of this program, the Department, subject to approval by the Board, shall:

(1) Produce an inventory of Alabama's natural heritage resources, including their location and ecological status.

(2) Maintain a natural heritage data bank of inventory data and other relevant information for ecologically significant sites supporting natural heritage resources. Information from this data bank may be made available to public agencies and to private institutions or individuals for environmental assessment and land management purposes.

(3) Develop a Natural Heritage Plan which suggests priorities for the protection, acquisition and management of dedicated natural area preserves.

(4) Establish procedures relating to the confidentiality of data and inquiries for information in order to protect natural resources and encourage use by public agencies and private organizations and individuals in planning or conducting their activities.

Section 12. Dedication of Natural Area Preserves.

(a) The Department shall, in the name of the State and upon the recommendation of the Board, accept the dedication of natural areas on lands deemed by the Board and the Commissioner to qualify as natural area preserves under the provisions of this Amendment. Natural area preserves may be offered for dedication by voluntary act of the owner. The owner of a qualified natural area may transfer fee simple title or other interest in land to the State. Natural area preserves may be acquired by gift, grant or purchase.

(b) Dedication of a natural area preserve shall become effective only upon acceptance of the instrument of dedication by the Board and the Commissioner.

(c) The instrument of dedication may:

(1) Contain restrictions and other provisions relating to management, use, development, transfer, and public access, and may contain any other restrictions and provisions as may be necessary or advisable to further the purposes of this Amendment;

(2) Define, consistent with the purposes of this Amendment, the respective rights and duties of the owner and of the state and provide procedures to be followed in case of violations of the restrictions;

(3) Recognize and create reversionary rights, transfers upon condition or with limitations, and gifts over; and

(4) Vary in provisions from one natural area preserve to another in accordance with differences in the characteristics and conditions of the several areas.

(d) Public departments, commissions, boards, counties, municipalities, corporations, colleges, universities and all other agencies and instrumentalities of the state and its political subdivisions may dedicate suitable areas within their jurisdiction as natural area preserves in accordance with the powers and authorities granted to such organizations by existing state legislation.

(e) The Board may enter into amendments to the instrument of dedication upon finding that such amendments will not permit an impairment, disturbance, use, or development of the area inconsistent with the provisions of this Amendment. If the fee simple estate in the natural area preserve is not held by the state under this article, no amendment may be made without the written consent of the owner of the other interests therein.

Section 13. Sunset Provision.

Beginning with the state's 2012-2013 fiscal year and each succeeding fiscal year, all moneys to be paid into the Forever Wild Land Trust shall be paid to the Alabama Trust Fund in the event the Legislature has not provided for the continuation of payments into the Forever Wild Land Trust Fund as provided for in this section, provided that 2.5% of the trust income earned from the investment of funds in the Alabama Trust Fund shall continue to be paid to the Forever Wild Stewardship Account established in Section 9 of this Amendment until such time as the Legislature, by legislative act, determines that interest income earned from the investment of funds within the corpus of the Stewardship Account is sufficient for the proper administration and stewardship of properties acquired from the Forever Wild Land Trust. And provided further, that the Legislature, by legislative act, or by the enactment of a constitutional amendment may continue payment of the revenues provided in Section 7 hereof, or at any time provide for the payment of other revenues, into the Forever Wild Land Trust. At such time as the payment of trust income into the Forever Wild Land Trust shall cease, the percentage of trust income accruing to said trust fund shall be paid into the Alabama Trust Fund each year to become a part of the corpus of the Alabama Trust Fund.

Section 14. Amendment Self-Executing.

This Amendment shall be self-executing, but the Legislature shall have the right and power to enact laws supplemental hereto and in furtherance of the purposes and objectives hereof, provided that such laws are not inconsistent with the provisions of this Amendment.

Section 15. Severability.

If any provision of this Amendment, or the application of any provision to any entity, person, or circumstance is for any reason adjudged by a court of competent jurisdiction to be invalid, the remainder of this Amendment and its application shall not be affected.

Amendment 544

Election of Board of Education for City of Pell City.

This legislature may by local act provide for the election of the members of the board of education of the City of Pell City in St. Clair County.

Amendment 545

Industrial Development Board of Lawrence County.

The Legislature may provide by local law, from time to time, for the consolidation of the power and authority granted to Lawrence County pursuant to Amendment No. 190 of the Constitution of 1901, or to any public authority or corporation created by Lawrence County pursuant to Amendment No. 190 into the Industrial Development Board of Lawrence County George C. Wallace Airpark Authority, which shall have all of the power and authority and assume all of the obligations of Lawrence County pursuant to Amendment No. 190, or any public authority or corporation created by Lawrence County pursuant to Amendment No. 190. The Legislature may in addition provide by local law for the organization and membership of the board of directors of the public authority or corporation. Any taxes currently levied pursuant to Amendment No. 190 shall remain in full force and effect. Any action currently required to be approved by a vote of electors shall be approved by a vote of the electors of the county.

Amendment 546

Sales and Use Tax in Limestone County.

Section 1. There is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against the person on account of the business activities and in the amount to be determined by the application of rates against gross sales, or gross receipts, as the case may be, as follows:

(a) Upon every person, firm, or corporation, (including the State of Alabama, the University of Alabama, Auburn University and all other institutions of higher learning in the state, whether such institutions be denominational, state, county or municipal institution, and any association or other agency or instrumentality of such institutions) engaged, or continuing within Limestone County in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character, (not including, however, bonds or other evidences of debts or stocks, nor sale or sales of material and supplies to any person for use in fulfilling a contract for the painting, repair or reconditioning of vessels, barges, ships and other watercraft and commercial fishing vessels of over five (5) tons load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama Department of Conservation and Natural Resources), an amount equal to one percent (1%) of the gross proceeds of sales of the business except where a different amount is expressly provided herein. Provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified, when his books are kept so as to show separately the gross proceeds of sales of each business, and when his books are not so kept he shall pay the tax as retailer on the gross sales of the business.

(b) Upon every person, firm or corporation engaged, or continuing within Limestone County, the business of conducting, or operating, places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games, (including athletic contests conducted by or under the auspices of any educational institution within Limestone County, or any athletic association thereof or other association whether such institution or association be a denominational, a state, or county, or a municipal institution or association or a state, county, or city school, or other institution, association or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description with Limestone County, an amount equal to one percent (1%) of the gross receipts of any such business. Provided, however, not withstanding any language to the contrary in the prior portion of this subsection, the tax provisions so specified shall not apply to any athletic event conducted by a public primary or secondary school. The tax amount which would have been collected pursuant to this subsection shall continue to be collected by said public primary or secondary school but shall be retained by the school which collected it and shall be used by said school for school purposes.

(c) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling at retail machines used in mining, quarrying, compounding, processing and manufacturing of tangible personal property, an amount equal to one-half percent (1/2 %) of the gross proceeds of the sale of such machines; provided, that the term "machines," as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used.

(d) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling at retail any automotive vehicle or truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies including but not limited to steps, blocks, anchoring, cable pipes and any other materials pertaining thereto an amount equal to one-half percent (1/2 %) of the gross proceeds of sale of said automotive vehicle, truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies, provided, however, where a person subject to the tax provided for in this subsection withdraws from his stock in trade any automotive vehicle or truck trailer, semi-trailer or house trailer for use by him or by his employee or agent in the operation of such business, there shall be paid, in lieu of the tax levied herein, a fee of $0.00 per year or part thereof during which such automotive vehicle, truck trailer, semi-trailer, or house trailer shall remain the property of such person. Each such year or part thereof shall begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the twelve succeeding months or part thereof during which such automotive vehicle, truck trailer, or house trailer shall remain the property of such person.

Where any used automobile vehicle or truck trailer, semi-trailer or house trailer is taken in trade or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(e) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling at retail any machine, machinery or equipment which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock or poultry on farms, and the parts of such machines, machinery or equipment, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery or equipment, an amount equal to one-half percent (1/2 %) of the gross proceeds of the sale thereof. Provided, however, the one-half percent (1/2 %) rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.

Where any used machine, machinery or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery or equipment sold, less the credit for the used machine, machinery or equipment taken in trade.

(f) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products and substitutes therefore, there is hereby levied a tax equal to one percent (1%) of the cost of such food, food products and beverages sold through such machines, which cost for the purpose of this subsection shall be the gross proceeds of sales of such business.

Section 2. (a) An excise tax is hereby imposed on the storage, use or other consumption in Limestone County of tangible personal property (not including materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships and other watercraft and commercial fishing vessels of over five (5) tons load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama Department of Conservation and Natural Resources) purchased at retail on or after the effective date of this amendment for storage, use or other consumption in Limestone County, except as provided in subsections (b), (c), and (d), at the rate of one percent (1%) of the sales price of such property.

(b) An excise tax is hereby imposed on the storage, use or other consumption in Limestone County of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail on or after the effective date of this amendment at the rate of one half percent (1/2 %) of the sales price of any such machine; provided, that the term "machine" as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefore, which are made or manufactured for used on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used.

(c) An excise tax is hereby imposed on the storage, use or other consumption in Limestone County of any automotive vehicle or truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies including but not limited to steps, blocks, anchoring, cable pipes and any other materials pertaining thereto purchased at retail on or after the effective date of this amendment for storage, use or other consumption in Limestone County at the rate of one half percent (1/2 %) of the sales price of such automotive vehicle, truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies. Where any used automotive vehicle, truck trailer, semi-trailer or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(d) An excise tax is hereby levied and imposed on the storage, use or other consumption in Limestone County of any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, which is purchased at retail after the effective date of this amendment, for the storage, use or other consumption in Limestone County at the rate of one half percent (1/2 %) of the sales price of such property; regardless of whether the retailer is or is not engaged in the business in this County. Provided, however, the one half percent (1/2 %) rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery or equipment which is used in planting, cultivating, and harvesting farm products or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

Section 3. The tax shall be collected by the State Department of Revenue at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the department a report in the form prescribed by the department. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transactions. The report shall also include items of information pertinent to the tax as the department may require. Any person subject to the tax levied by this act may defer reporting credit sales until after their collection, and in the event the person defers reporting them, the person shall thereafter include in each monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the report. All reports filed with the department under this section shall be available for inspection by the county commission, or its designee.

Section 4. Each person engaging or continuing in a business subject to the tax levied by this amendment, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax levied to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.

Section 5. The tax shall constitute a debt due Limestone County. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The department shall collect the tax, enforce this amendment, and have and exercise all rights and remedies that the state or the department has for collection of the state sales and use tax. The department may employ special counsel as is necessary to enforce collection of the tax levied by this amendment and to enforce this amendment. The department shall pay the special counsel any fees it deems necessary and proper from the proceeds of the tax collected by it for Limestone County.

Section 6. All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules and regulations with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this amendment shall apply to the tax levied herein. The state Commissioner of Revenue and the department shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this amendment that are imposed on the commissioner and department by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this amendment to the tax levied under this amendment, and to the administration and enforcement of this amendment, are incorporated by reference and made a part of this act as if fully set forth herein.

Section 7. The department shall charge Limestone County for collecting the tax levied under this act in an amount or percentage of total collections as may be agreed upon by the commissioner and the Limestone County Commission. The charge shall not exceed five percent of the total amount of the tax collected in the county. The charge may be deducted each month from the gross revenues from the tax before certification of the amount of the proceeds due Limestone County for that month. The Commissioner of Revenue shall pay into the State Treasury all amounts collected under this act, as the tax is received by the department on or before the first day of each successive month. The commissioner shall certify to the State Comptroller the amount collected and paid into the State Treasury for the benefit of Limestone County during the month immediately preceding the certification. The State Comptroller shall issue a warrant each month payable to the County Treasurer of Limestone County in an amount equal to the certified amount which shall be paid into the county general fund to be divided between the Athens City Board of Education and the Limestone County Board of Education based on the average daily attendance of the two school systems.

Section 8. Effective date of this tax should be the first day of the second month following approval by the qualified electors of Limestone County.

Amendment 547

Compensation of Probate Judge of Pickens County.

Effective the beginning of the next term of office after ratification of this amendment, the Judge of Probate of Pickens County shall be compensated on a salary basis. The judge shall receive in equal monthly installments from the General Fund of Pickens County such salary as provided by general law, unless provided otherwise by local law. The salary shall be the entire compensation received by the judge for services in any official or ex officio capacity. The salary shall be in lieu of all fees, commissions, allowances, percentages, and other charges previously paid to the Judge of Probate of Pickens County.

All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the Judge of Probate of Pickens County shall continue to be collected but shall be paid into the General Fund of Pickens County.

The County Commission of Pickens County shall provide the Judge of Probate with such office personnel, equipment, and supplies as the County Commission may consider necessary for the proper and efficient conduct of the office. Compensation of any personnel so provided shall be fixed by the County Commission and shall be paid in equal monthly installments out of the General Fund of Pickens County.

Amendment 548

Election of Talladega City Board of Education.

The Legislature may by local act provide for the election of the members of the Talladega City Board of Education.

Amendment 549

Bingo Games in Walker County.

The operation of bingo games for prizes or money by certain nonprofit organizations for charitable, educational, or other lawful purposes shall be legal outside of the corporate limits of the City of Jasper in Walker County, subject to any resolution by the county governing body as provided by law regulating the operation of bingo. The governing body may promulgate rules and regulations for issuing permits or licenses, and for operating bingo games, within its respective jurisdiction. The county governing body shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian. No person under the age of 19 shall be permitted to conduct or assist in the conduct of any game of bingo.

(2) No bingo permit or license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least 60 months and owned real property at least five years immediately prior to issuing the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.

(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization may pay consulting fees to any individual or entity for any services performed relating to operating or conducting any bingo game.

(5) A nonprofit organization shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any qualified nonprofit organization for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.

(7) No person or organization, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.

Amendment 550

Bingo Games in City of Jasper.

The operation of bingo games for prizes or money by certain nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in the corporate limits of the City of Jasper in Walker County, subject to any resolution or ordinance by the city governing body as provided by law regulating the operation of bingo. The governing body may promulgate rules and regulations for issuing permits or licenses, and for operating bingo games, within its respective jurisdiction. The governing body of the City of Jasper shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian. No person under the age of 19 shall be permitted to conduct or assist in the conduct of any game of bingo.

(2) No bingo permit or license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least 60 months and owned real property in the City of Jasper five years immediately prior to issuing the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.

(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization may pay consulting fees to any individual or entity for any services performed relating to operating or conducting any bingo game.

(5) A nonprofit organization shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any qualified nonprofit organization for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.

(7) No person or organization, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.

Amendment 551

Special Ad Valorem Taxes for Fire Protection and Emergency Services in Montgomery County.

The Legislature declares that all volunteer fire departments, including volunteer fire departments that have emergency medical technicians that are members, are organizations that are public in nature and serve to protect the health, safety, and welfare of the citizens of Montgomery County.

In addition to all ad valorem taxes levied for fire protection, the Montgomery County Commission may levy and collect a special ad valorem tax, not to exceed two and one-half mills in any year on each dollar of assessed value of the property taxed, on property in the unincorporated area of Montgomery County for the purpose of providing fire protection in the unincorporated area of Montgomery County.

The tax provided in this act shall be levied, collected, administered, and enforced at the same time, in the same manner, and under the same requirements and laws as state ad valorem taxes. The officials collecting or assessing the tax shall be entitled to the same fees and compensation as are provided for collecting and assessing ad valorem taxes. The proceeds of the tax shall be paid into the county general fund. Within thirty days after payment into the county general fund, the Montgomery County Commission shall pay the funds to the Montgomery County Association of Volunteer Firefighters, hereafter referred to as the county association. The county association shall distribute the funds as follows:

(1) 60 percent shall be divided equally among all eligible volunteer fire departments.

(2) 30 percent shall be divided according to a percentage based upon the monies collected in a fire district compared to the total monies collected. The county association shall notify the Revenue Commissioner within 30 days after this act becomes operative of the designated fire districts. The boundaries of the fire districts may be rearranged at the discretion of the county association as they deem necessary, from time to time, to maximize fire protection services in the county.

(3) Ten percent of the money shall be designated as discretionary fund of the county association to be used for any expenditure otherwise allowable under this act.

In order to be an eligible volunteer fire department for purposes of this act, a volunteer fire department shall be in good standing with the Montgomery County Association of Volunteer Firefighters.

Funds disbursed to eligible volunteer fire departments pursuant to this act shall be expended only for fire protection and emergency medical services, including but not limited to, training, supplies, buildings, capital improvements, equipment, insurance, professional services, and dues. The funds shall not be expended for food, drink, social activities, or fund-raising activities. After receiving the funds, the volunteer fire departments shall keep accurate records to verify that the funds are properly expended. By September 15th of each year, the department shall file a report with the county association detailing the expenditure of all funds during the previous twelve months and setting out a schedule of all proposed projects. The filing shall account for all unspent funds and whether unspent funds have been obligated. Unspent funds that have not been obligated which exceed the amount of total receipts paid to the department for the prior year from this tax shall be returned to the county association for redistribution equally among the other fire departments. The county association shall supply the accounting forms to each eligible volunteer fire department. The copy of the year-end report shall be filed with the county commission and shall be audited by the Examiners of Public Accounts of the state on the same basis as county funds are audited.

Upon dissolution or abandonment of an eligible volunteer fire department, all remaining funds derived from this act or assets purchased with the funds derived from this act shall be transferred to the county association.

Prior to the levy of the fire protection tax in the unincorporated areas of county, there shall be submitted to the electors at a special election called for that purpose in the county, the question of whether the tax shall be levied. If a majority of the qualified electors within the unincorporated area of the county who vote at the election approve the tax, the tax shall be effective and levied. If a majority of the qualified electors within the unincorporated area of the county who vote at the election do not approve the tax, the tax shall not be effective and shall not be levied.

Elections on the question of the levy of a fire protection tax in the county may be held at any time and from time to time. Notwithstanding the foregoing, if at an election held after the ratification of this amendment the proposal to levy the tax so submitted is defeated, then the proposal may not be submitted at another election held in the county within two years from the last election held under this amendment.

Amendments

  • Amended by Amendment 711.

Amendment 552

Election of Dothan City Board of Education.

The Legislature may, by local act, provide for the election of the Dothan City Board of Education.

This amendment shall not become operative unless it is approved by a majority of the qualified electors of the City of Dothan who vote thereon upon its submission.

Amendment 553

Election of Decatur City Board of Education.

The Legislature may, by local act, provide for the election of the Decatur City Board of Education.

Amendment 554

Levy and Collection of Special Ad Valorem Property Tax for Public Library Purposes in Chambers County.

The governing body of Chambers County shall, subject to succeeding provisions of this amendment (including those relating to approval by the Chambers County electorate), and notwithstanding anything in the Constitution or laws of Alabama to the contrary, levy and collect a special county ad valorem or property tax at the rate of twenty cents ($.20) on each one hundred dollars ($100) of taxable property in said County, for a period of ten fiscal (or ad valorem tax) years of said County. Such tax shall be in addition to any taxes now authorized, or that may hereafter be authorized, by the Constitution and laws of Alabama to be levied and collected in Chambers County or by said governing body.

The proceeds of the aforesaid tax shall be used exclusively for public library purposes in Chambers County, including particularly (but without limitation)

(a) the acquisition, construction, reconstruction, improvement, enlargement, equipment, operation, maintenance and support (or any one or more thereof) of

(1) any public library or libraries operated or supported (whether in whole or in part) by said County, by the Chambers County Library Board, or by any other similar public or governmental body empowered, under the Constitution and laws of Alabama, to operate or support public libraries, including particularly, but without limiting the generality of the foregoing, (i) that certain public library located in the City of Lafayette now owned by the City of Lafayette, and (ii) that certain public library located in the City of Valley now owned by a not-for-profit foundation or a not-for-profit corporation, and

(2) any other public libraries, branch libraries or related public library facilities (including, without limitation, one or more buildings and any equipment and lands necessary therefor) located or to be located in Chambers County and forming or to form a part of the public library system of said County; and

(b) the payment of principal of or interest (or premium, if any) on any bonds, warrants, notes or other securities (including, without limitation, refunding securities) issued by said County for public library purposes in Chambers County; provided, that any public library, branch library or related public library facilities described in the preceding provisions of this amendment shall be owned either by said County, said Chambers County Library Board or other public or governmental body, or by a not-for-profit corporation or other similar nonprofit organization (regardless of how denominated or organized); and provided further, (A) that the proceeds of such tax may be expended to pay any costs of constructing, reconstructing, improving or enlarging any additions or improvements to any building or buildings used or to be used (at least in part) by, or in connection with the operation of, the aforesaid public library located in the City of Valley, notwithstanding that such building or buildings may also then be used (or may thereafter be used) in part by, or in connection with the operation of, archives or other facilities that are not, and are not expected to be, operated for public library purposes, and (B) that none of the proceeds of such tax may be expended to pay any costs of operating, equipping, maintaining or supporting any such facilities that are not, and are not expected to be, operated for public library purposes. In expending (or causing to be expended) the proceeds of such tax for the purposes herein authorized, and in otherwise carrying out the purposes of this amendment, the governing body of Chambers County shall not be subject to the provisions of Sections 93 and 94 of the Constitution, as amended.

If this amendment is approved, and if a majority of the qualified electors of Chambers County who vote at the election thereon vote in favor of this amendment, then the tax hereinabove authorized shall be levied and collected as hereinabove provided, without any other election having been held thereon. However, if this amendment is approved but a majority of the qualified electors of Chambers County who vote at the election thereon vote against it, then such tax shall not be levied unless the question of the levy of such tax as hereinabove provided shall have been submitted to a vote of the qualified electors of said County and approved by a majority of those voting at such election; and such tax shall, upon such approval, be levied and collected as hereinabove provided. 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 of Alabama (with such modifications as shall be necessary to comply with the provisions of this amendment), as elections on the question of issuing county bonds. Following the approval of the Chambers County electorate (whether at the election on this amendment or at a subsequent county election as hereinabove provided), the tax herein authorized shall, to the fullest extent consistent with the efficient and practical administration of the tax system of Chambers County and without regard to any law otherwise requiring the levy of county taxes during a certain month or on or before a particular date, be initially levied by the governing body of said County so that it shall first become due and payable on the October 1 next succeeding such election.

The provisions of this amendment are and shall be self-executing, and authorization from or any other action by the legislature shall not be a prerequisite to the levy and collection of the tax herein authorized, to the use of the proceeds of such tax as herein provided, or to the call, holding or conduct of any election in said County as hereinabove provided for. It is hereby specifically declared that this amendment is not being proposed pursuant to the provisions of that certain amendment to the Constitution (known as Amendment No. 425) that was proposed by Act No. 82-330 adopted at the 1982 Regular Session of the Legislature of Alabama, and the provisions of the said Amendment No. 425 are hereby declared to be inapplicable to this amendment.

Amendment 555

Amendment of Amendment No. 425.

(a) Any proposed constitutional amendment which affects or applies to only one county shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county who vote on the amendment. Any proposed constitutional amendment which affects or applies to only one political subdivision within a county or counties shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of both the county and the political subdivision affected by the amendment who vote on the amendment. The proposed amendment may provide for a separate referendum in a political subdivision of less than a county if a simultaneous referendum is not possible because of conflicting voting precincts.

(b) The proposed amendment shall first be approved by at least a three-fifths vote of the elected members of each house of the Legislature with no dissenting vote cast and approved by a majority vote of the Local Constitutional Amendment Commission. The commission shall be composed of the Governor, Presiding Officer of the Senate, Attorney General, Secretary of State, and Speaker of the House of Representatives. The Legislature may by general act specify procedures for the Local Constitution Amendment Commission, but may not expand its role beyond deciding whether the amendment affects more than one county or more than one political subdivision in one or more counties.

(c) Notice of the election, together with the proposed amendment, shall be given by proclamation of the Governor, which proclamation shall be published once a week for four successive weeks next preceding the day appointed for the election in each newspaper qualified to run legal notices in the county or counties affected.

(d) In the event any constitutional amendment proposed for adoption pursuant to this amendment is approved by at least a three-fifths vote of the elected members of each house of the Legislature but with one or more dissenting votes cast, the amendment shall be treated as a statewide amendment as described in subsection (e).

(e) If after having been approved by at least a three-fifths vote of the elected members of each house of the Legislature without a dissenting vote cast the proposed amendment is not approved by a majority vote the Local Constitutional Amendment Commission, it shall automatically be submitted in a statewide referendum in accordance with the procedures for proposed statewide constitutional amendments under Sections 284 and 285 of the Constitution of Alabama of 1901. If the proposed amendment is submitted in a statewide referendum, it shall not become effective unless approved at a referendum by a majority of the qualified voters of the affected county voting on the proposition and the affected political subdivision voting on the proposition, if it affects less than the whole county. The referendum in a political subdivision may be held at the same time as the election for the ratification of the proposed amendment, or at another time if provided by the proposed amendment.

(f) Notwithstanding any provision of the Constitution of Alabama of 1901, to the contrary, all constitutional amendments which have been adopted by a majority vote of the appropriate electorate pursuant to Amendment No. 425 to the Constitution of Alabama of 1901, are hereby ratified and confirmed.

Amendment 556

Conveyance to Huntsville-Madison County Marina and Port Authority Title to Alabama State Docks's Property.

The State of Alabama, through the Alabama State Docks Department, may convey, without consideration, title to its real property, equipment, and facilities located in Madison County, Alabama, and known as the Alabama State Docks, to the Huntsville-Madison County Marina and Port Authority, a public corporation. The conveyance shall be subject to existing leases and other contractual agreements now in effect. Any laws or parts of laws, or any provisions of the Constitution of Alabama of 1901, are revised, superseded, and repealed to the extent they are in conflict with this amendment.

Amendment 557

Basic Rights for Crime Victims.

(a) Crime victims, as defined by law or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when authorized, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the person accused of committing the crime.

(b) Nothing in this amendment or in any enabling statute adopted pursuant to this amendment shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions. The Legislature may from time to time enact enabling legislation to carry out and implement this amendment.

Amendment 558

See also: Section 94, Article IV, Alabama Constitution

Amendment of Section 94.

Political subdivisions not to grant public money or lend credit to individuals or corporations; alienation of recreational facilities and housing projects by political subdivisions and public bodies; expenditures by local school boards of education for recognition of contributions to public education.

(a) 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 corporation, association, or company, by issuing bonds or otherwise. 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 that purposes.

(b) Notwithstanding the provisions of subsection (a), local school boards of education may expend public funds for the recognition of significant contributions to education in Alabama and to promote educational excellence by students, faculty, staff, and the public. Recognitions shall be in the form of trophies, plaques, academic banquets, and other honors that promote academic excellence in the public schools of Alabama and recognize special deeds that strengthen public education in Alabama.

Amendment 559

Ratification and Validation of Ad Valorem Tax Levies and Payments in Baldwin County.

(a) All ad valorem tax levies and payments collected in Baldwin County prior to the approval of this amendment, are hereby ratified, validated, and confirmed.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Baldwin County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 560

Additional Fees Assessed on Cases in Barbour County.

(a) In addition to any court costs and fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105 of the Constitution of Alabama of 1901, there shall be an additional twenty-five dollar ($25) fee assessed and taxed as costs on each civil case and an additional fifty dollar ($50) fee assessed on each criminal case, including traffic cases, filed in the Circuit Court, District Court, or any Municipal Court in Barbour County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The aforementioned fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Barbour County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail. This amendment shall be self-executing and shall require no enabling legislation.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Barbour County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this amendment, and no further election shall be required.

Amendment 561

Fire Protection and Emergency Medical Services Districts in Blount County.

(a) The Legislature may, by local law from time to time, provide for the establishment of districts in Blount County for fire protection and emergency medical services and provide for mandatory annual dues in the districts upon approval of the qualified electors residing within the districts. The Legislature shall provide for the operation of the districts and for the collection of mandatory annual dues. The Legislature may limit the liability of the county for the operation of a district and provide that a district shall be exempt from all taxation. The districts may include the area currently served by the Remlap Volunteer Fire and Rescue, Inc., or may be formed in other areas of the county.

(b) Act No. 93-342, H. 970, 1993 Regular Session, is repealed.

(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Blount County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 562

Local Legislation to Change Procedure for Sale of Lands for Delinquent Taxes in Calhoun County.

(a) Notwithstanding Sections 104 and 105 to the contrary, the Legislature of the state of Alabama may enact local legislation applicable to Calhoun County to change the method prescribed by law for giving notice to delinquent Calhoun County taxpayers of their failure to pay taxes assessed against any property which is assessed to them and to change the notice required to be given them prior to the sale for taxes of the property and to change the method for issuing decrees for the sale of land and the trials held to determine whether the sales should be ordered and to change the method of giving notice to delinquent property owners to show cause why a decree of sale should not be rendered against them and to change the method regarding the sale of the property and the report of the amount of taxes collected from the sale.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Calhoun County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 563

Promotion of Industry, Trade, and Economic Development in Calhoun County.

(a) The Legislature may, by general, local, or special law, provide for the creation, incorporation, organization, operation, administration, authority, and financing of a public corporation empowered or intended to assist or aid in any way Calhoun County or any municipality there in promoting industry, trade, and economic development of Calhoun County and each municipality situated in the county, and the Legislature may grant the corporation all powers, rights, privileges, exemptions, and authority as the Legislature considers necessary or desirable for the furtherance and accomplishment of the purposes of the public corporation. The passage and enactment of Act No. 82-222 of the 1982 Regular Session of the Alabama Legislature, and all terms and provisions of Act No. 82-222, are approved, ratified, and confirmed in all respects, any provision of the Constitution of Alabama of 1901, as amended, to the contrary notwithstanding, and Act No. 82-222 shall be effective from and as of the date of its passage and approval by the Governor during the 1982 Regular Session of the Alabama Legislature. Any act enacted during the 1993 Regular Session of the Alabama Legislature, or during any subsequent regular or special session of the Alabama Legislature, in amendment of or supplementary to Act No. 82-222 shall be effective as of the date of its passage by the Legislature and approval by the Governor, or upon its otherwise becoming a law. The creation, incorporation, organization, operation, administration, authority, and financing of the Calhoun County Economic Development Council is approved, ratified, and confirmed from and as of the date of passage and approval by the Governor of Act No. 82-222 during the 1982 Regular Session of the Alabama Legislature. All actions taken, and all obligations, whether secured or unsecured and whether general or limited as to the source of payment, incurred or assumed, in the name and on behalf of the Calhoun County Economic Development Council by any directors, officers, employees, representatives, or agents thereof in furtherance of the powers and purposes of the council as set forth in Act No. 82-222, as the same may be at any time amended or supplemented, prior to the date this amendment is proclaimed ratified, are approved, ratified, and confirmed as fully effective for all purposes from and as of the respective dates of which the actions were taken and the obligations were incurred or assumed.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Calhoun County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this act, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 564

Fire Protection and Special Fire Protection Property Tax in Covington County.

(a) The Legislature hereby declares that the fire departments and rescue squads that receive funds pursuant to this amendment are organizations which are public in nature, as they promote and protect the health, safety, and welfare of the citizens of the county.

(b) The County Commission of Covington County shall levy and collect a special property tax, in addition to all other taxes now or hereafter provided by law, of three mills on each one dollar's worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire, emergency medical, and rescue services.

(c) The Revenue Commissioner of Covington County shall assess the tax herein provided for, and shall collect the fire tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid into a special county fund. Within thirty days of payment into the special fund, the county commission shall allocate the funds among the eligible fire departments and rescue squads. The funds shall be divided equally among the eligible fire departments and rescue squads.

(d) An eligible fire department, for purposes of this amendment, means a fire department in Covington County that maintains an ISO-approved rating of at least Class 9, is certified under the Alabama Forestry Commission guidelines, and is a member in good standing of the Covington County Firefighters Association. An eligible rescue squad, for purposes of this amendment, means a rescue squad that is certified by the Alabama Association of Rescue Squads or Emergency Medical Services.

(e) Funds paid to eligible fire departments and rescue squads shall only be expended for fire protection and emergency medical and rescue services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department or rescue squad which are committed by a fire department or rescue squad or the personnel of a fire department or rescue squad. The funds may not be expended for food, drink, social activities or fund-raising activities. After receiving funds, the fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the fire departments and rescue squads shall file a financial statement with the Covington County Commission detailing the expenditure of all funds received from this amendment during the previous twelve months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The Covington County Firefighters Association shall supply the accounting forms to each eligible fire department and rescue squad. No new fire departments shall be funded within Covington County without prior approval of the Covington County Firefighters Association and the Covington County Commission and without first being certified according to Alabama Forestry Commission guidelines. New departments shall attain an ISO Class 9 rating within two years of receiving fire tax funds to remain eligible. No new rescue squads shall be funded within Covington County without prior approval of the Covington County Commission.

(f) Upon dissolution or abandonment of any eligible fire department or rescue squad, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the county commission. The funds and assets shall be reallocated by the county commission equally to the other fire departments and rescue squads. In the event there are no fire departments or rescue squads, the funds or assets shall be placed in the county general fund.

(g) The personnel of fire departments and rescue squads provided for in this amendment shall not be considered employees, servants or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments or rescue squads.

(h) Act No. 93-317, H. 825, 1993 Regular Session, is repealed.

(i) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Covington County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 565

Bingo Games in Covington County.

(a) The operation of bingo games for prizes or money by certain nonprofit organizations and certain private clubs for charitable, educational, or other lawful purposes shall be legal in Covington County, subject to any resolution or ordinance by the county commission as provided by law regulating the operation of bingo. The county commission may promulgate rules and regulations for issuing permits or licenses and for operating bingo games within the county. The county commission shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian. No person under the age of 19 shall be permitted to conduct or assist in the conduct of any game of bingo.

(2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization, unless the organization has been in existence for at least five years and has owned real property in the county for five years immediately prior to the issuance of the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization or club operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.

(4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may not pay consulting fees or any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game.

(5) A nonprofit organization may not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization is not directly and solely operating the bingo game or concessions.

(6) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes.

(7) No person or organization, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.

(b) The Legislature may, by local legislation, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation.

Amendment 566

Election of Members of Cullman City Board of Education.

(a) The Legislature may by local act provide for the election of the members of the Cullman City Board of Education.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Cullman County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 4 of this act, and no further election shall be required.

(c) Act No. 93-536 which provides for an elected Board of Education in the City of Cullman is hereby ratified.

Amendment 567

Collection and Levying of Fees for Fire Protection Services and Emergency Medical Care in Elmore County.

(a) The Legislature may from time to time by local law authorize the county governing body of Elmore County to levy and collect fees, annually not to exceed $25.00 on each residence and $50.00 on each business located within the county, for fire protection services and emergency medical care, such local law may provide for the distribution of the fees to volunteer fire departments and to emergency medical technicians who are members of volunteer fire departments, or provide for the distribution of the fees to an association of volunteer fire departments to be distributed by the association for the same purposes.

(b) Act No. 92-660, H. 63, 1992 Second Special Session, a proposed, but not ratified local constitutional amendment, relating to the same subject matter, is repealed.

(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Elmore County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 568

Incorporation of Regional Airport Authority by City of Red Bay and Franklin County with Political Subdivisions in Mississippi.

(a) The City of Red Bay and Franklin County may join with political subdivisions of the State of Mississippi to organize a regional airport authority to be located in the State of Alabama or in the State of Mississippi.

The regional airport authority shall be incorporated according to the laws of the State of Alabama relative to the incorporation of airport authorities and shall have the same powers and authority of airport authorities organized under the general laws of the State of Alabama. The incorporation procedure shall be commenced by at least three natural persons, two of whom shall be residents of the City of Red Bay, and the other or others may be residents of the political subdivisions of the State of Mississippi. The incorporators shall be qualified electors of the political subdivision which they represent.

The regional airport authority shall be governed by a board of directors as provided in the certificate of incorporation or the bylaws. The governing body of each participating political subdivision shall appoint one member to the board of directors.

The regional airport authority may issue and sell its interest-bearing revenue bonds for its corporate purposes. The principal of and the interest on all bonds shall be payable solely from, and may be secured by a pledge of the revenues derived by the regional authority from the operation of any or all of its airports, facilities, and other property. The bonds issued or contracts entered into by the authority shall not constitute or create an obligation or debt of this state or of any county, city, or town within this state, or a charge against the credit or taxing powers of this state or of any county, city, or town within this state.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Franklin County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 569

Bingo Games in Houston County.

(a) The operation of bingo games for prizes or money by certain nonprofit organizations and certain private clubs for charitable, educational, or other lawful purposes shall be legal in Houston County, subject to any resolution or ordinance by the county commission as provided by law regulating the operation of bingo. The county commission may promulgate rules and regulations for issuing permits or licenses and for operating bingo games within the county jurisdiction. The county commission shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian. No person under the age of 19 shall be permitted to conduct or assist in the conduct of any game of bingo.

(2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization or qualified private club, unless the organization or club shall have been in existence for at least five years and owned real property in the county for five years immediately prior to issuing the permit or license, except the following:

a. A fraternal, or benevolent, or charitable organization which qualifies as an exempt organization under Section 501(c) of the Internal Revenue Code.

b. A private club with annual membership dues of three hundred dollars ($300) or more.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization or club operating the bingo game. If the premises are leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.

(4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization of club. No nonprofit organization or club may pay consulting fees, any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game.

(5) A nonprofit organization or club shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization or club is not directly and solely operating the bingo game or concessions.

(6) Prizes given by any qualified nonprofit organization or qualified private club for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.

(7) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes.

(8) No person, or organization, or club, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.

(b) The Legislature may, by local legislation, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation.

(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Houston County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

(d) Act No. 93-333, H. 717 of the 1993 Regular Session is repealed.

Amendment 570

Police Jurisdiction and Planning and Zoning Authority of Municipalities in Lee County.

(a) In Lee County, the police jurisdiction and planning and zoning authority of any municipality located partially within Lee County with the exception of the municipality of Notasulga shall not extend beyond the corporate limits of the municipality. This amendment shall affect the authority of a municipality located partially within Lee County only in Lee County.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Lee County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

(c) The provisions of this amendment restricting the planning and zoning authority of any municipality affected by the amendment shall expire on June 30, 1997.

Amendment 571

Validation of Laws Regulating Court Costs in Sumter County.

(a) All general laws, local laws, and population based laws previously enacted by the Legislature and which are in effect on January 1, 1994, pertaining to or applicable to Sumter County which in whole or in part regulate costs and charges of courts are hereby ratified, approved, validated, and confirmed as of the date of their enactment. Any actions taken or payments made in accordance with those laws are hereby ratified, approved, validated, and confirmed. This amendment shall not be construed as prohibiting the Legislature from properly enacting a law to amend or repeal those laws.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Sumter County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 572

Establishment of Fire Districts and Levy of Charges for Fire Protection and Emergency Medical Services in Tallapoosa County.

(a) Upon approval of the E911 Board of Commissioners of Tallapoosa County, districts may be established for fire protection and emergency medical services within the geographical boundaries of Tallapoosa County. Each district for fire fighting and emergency medical services of Tallapoosa County is authorized, in its discretion, to levy a service charge for fire protection and emergency medical services in an amount it deems reasonable on each dwelling and commercial building in Tallapoosa County. A service charge if approved by the majority of the voters residing in the proposed fire district shall be collected by the board of directors of the proposed district that has response coverage for the district unless otherwise provided by law. The proceeds from the service charge less any costs of collection shall be used by the district for fire protection and emergency medical service.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Tallapoosa County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 573

Ad Valorem Tax in Morgan County.

(a) In lieu of the ad valorem taxes otherwise authorized by Section 269 and Amendment 3 to the Constitution of Alabama of 1901, and enabling statutory provisions thereto, the Morgan County Commission may levy annually, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located in Morgan County, Alabama at a rate of 5.8 mill per dollar assessed value of the property, the proceeds of which shall be distributed to the Board of Education of Morgan County in proportions as the proceeds would be distributable if the taxes were levied under the authority of Section 269 and Amendment 3 and enabling statutory provisions relating thereto.

(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act which this amendment is proposed.

Amendment 574

Ad Valorem Tax in City of Hartselle.

(a) In lieu of the special district school tax of forty cents per one hundred dollars of assessed value which the Morgan County Commission is authorized to levy for the benefit of the public schools in the City of Hartselle, Alabama, the Morgan County Commission shall be authorized to levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located within the City of Hartselle, at a rate of four mills per dollar of assessed value of the taxable property, the proceeds of which shall be distributed to the Hartselle City Board of Education.

(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act by which this amendment is proposed.

Amendment 575

Additional Ad Valorem Tax within Portion of City of Decatur in Morgan County.

(a) In addition to all other ad valorem taxes which the Morgan County Commission is authorized by law to levy for the benefit of the public schools in the City of Decatur, Alabama, the Morgan County Commission shall be authorized to levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located within that portion of the City of Decatur which lies in Morgan County at a rate of 3.6 mills per dollar of assessed value of the taxable property, the proceeds of which shall be distributed to the Decatur City Board of Education.

(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act by which this amendment is proposed.

Amendment 576

Additional Ad Valorem Tax on Property in Morgan County Outside Cities of Decatur and Hartselle.

(a) In addition to all other ad valorem taxes which the Morgan County Commission is authorized by law to levy for the benefit of the public schools within the jurisdiction of the Morgan County Board of Education, the Morgan County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property in Morgan County located outside the corporate limits of the City of Decatur and the City of Hartselle, as those corporate limits exist on the first day of each ad valorem tax year, at a rate of four mills per dollar of assessed value of the taxable property, the proceeds of which shall be distributed to the Morgan County Board of Education.

(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act by which this amendment is proposed.

Amendment 577

Manner of Filling Vacancies on Morgan County Board of Education.

The Legislature may, by local act, provide for the manner of filling vacancies on the Morgan County Board of Education.

Amendment 578

Election of Franklin County Superintendent of Education by Qualified Electors.

(a) The Franklin County Superintendent of Education shall be elected by the qualified electors residing in the jurisdiction of the Franklin County School System. The initial county superintendent of education elected pursuant to this amendment shall be elected at the general election in 1996. The election shall be conducted in the same manner as the election of other county officers. The initial county superintendent of education elected pursuant to this amendment shall serve upon election until June 30, 2001. A successor shall be elected at the general election in 2000 and take office on July 1, 2001. Successors shall serve a term of four years from July 1 of the year following election and shall be elected at the general election immediately preceding the expiration of the term of the incumbent. The Franklin County Superintendent of Education shall be a resident of the area served by the Franklin County School System at the time of his or her election and shall possess all the qualifications of a county superintendent of education provided by general law. The Legislature may, from time to time, enact laws to implement and facilitate the purposes of this amendment.

(b) This amendment shall not become effective unless approved by a majority of the qualified electors residing in the jurisdiction of the Franklin County School System and a majority of the qualified electors of Franklin County.

Amendment 579

See also: Article VIII, Alabama Constitution

Amendment of Article VIII.

Article VIII of the Constitution of Alabama of 1901 is hereby repealed and in lieu thereof the following article shall be adopted.

Article VIII

Suffrage and Elections

(a) Every citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

(c) The Legislature shall by law provide for the registration of voters, absentee voting, secrecy in voting, the administration of elections, and the nomination of candidates.

Amendment 580

See also: Article VI, Alabama Constitution

Amendment of Article VI.

Section 6.18A.

Impeachment provisions in Article VII, Section 173 to apply to Supreme Court Justices and appellate judges.

In addition to the authority conferred on the Court of the Judiciary in Section 6.18, the provisions for impeachment in Article VII, Section 173, shall also apply to Justices of the Supreme Court and Judges of the Courts of Appeals. No proceeding for impeachment under Article VII, Section 173, may proceed or be initiated against a judge while the same charge or subject matter is under consideration by the Judicial Inquiry Commission or the Court of the Judiciary. A finding of lack of probable cause or a termination of proceeding without a finding of wrongdoing by either the Judicial Inquiry Commission or the Court of the Judiciary shall constitute a complete defense to proceedings of impeachment under Article VII, Section 173, and shall bar all further proceedings of impeachment as to the same charge or subject matter. No justice or judge who has been tried before the Court of the Judiciary shall be subject to impeachment on the same charge or subject matter. No conduct that occurred prior to the effective date of this amendment may be the basis of a proceeding of impeachment under this section. No proceeding in impeachment under this section may be initiated without the verification, under oath, of at least 12 members of the House of Representatives as to the factual basis of the charge under which the article of impeachment is preferred. No article of impeachment shall be passed upon less than two-thirds majority of the House of Representatives and no conviction of impeachment shall be had upon less than two-thirds majority of the Senate under this section. Dissatisfaction with the ruling of a judge or justice shall not be a ground upon which impeachment under this section may proceed.

Amendment 581

See also: Article VI, Alabama Constitution

Amendment of Article VI.

6.17. Judicial Inquiry Commission.

(a) A Judicial Inquiry Commission is created consisting of nine members. The Supreme Court shall appoint one appellate judge who shall not be a Justice on the Supreme Court; the Circuit Judges' Association shall appoint two judges of the circuit court; the Governor shall appoint three persons who are not lawyers, who shall be subject to Senate confirmation before serving; the Lieutenant Governor shall appoint one district judge who shall be subject to Senate confirmation; and the governing body of the Alabama State Bar shall appoint two members of the state bar to serve as members of the commission. Provided, however, that on January 1, 2005, the appointment authority granted to the Lieutenant Governor shall revert to the Governor and the Governor shall thereafter be entitled to appoint three persons who are not lawyers and one district judge, all subject to Senate confirmation. The commission shall select its own chair. 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 and 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 or her duties, or (2) to charge that the judge is physically or mentally unable to perform his or her 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

Sec. 6.18. Court of the Judiciary.

(a) The Court of the Judiciary is created consisting of one judge of an appellate court, other than the Supreme 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 one district judge who shall be selected by the District Judges' Association. Other members of the Court of the Judiciary shall consist of two members of the state bar, who shall be selected by the governing body of the Alabama State Bar; two persons who are not lawyers who shall be appointed by the Governor; and one person appointed by the Lieutenant Governor. Members appointed by the Governor and Lieutenant Governor shall be subject to Senate confirmation before serving. Provided, however, that on January 1, 2005, the appointment authority granted to the Lieutenant Governor shall revert to the Governor and the Governor shall thereafter be entitled to appoint three persons who are not lawyers, subject to Senate confirmation. 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 prescribed by law, for violation of a Canon of Judicial Ethics, misconduct in office, failure to perform his or her duties, or (2) to suspend with or without pay, or to retire a judge who is physically or mentally unable to perform his or her 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.

Amendment 582

Approval of Legislature for Court Orders Requiring Disbursement of State Funds.

No order of a state court, which requires disbursement of state funds, shall be binding on the state or any state official until the order has been approved by a simple majority of both houses of the Legislature. This amendment shall not apply to orders, judgments, or decrees requiring payment of compensation for the taking of property by eminent domain or arising out of challenges to taxation or to such other orders, judgments, or decrees as may be otherwise required by statute, or settled principles of Alabama common law as decided by the Alabama appellate courts, not inconsistent with other provisions of this Constitution. Nothing herein shall be construed to preclude a court from making findings of fact or conclusions of law and orders relating thereto, that standards required by the United States Constitution, the Constitution of Alabama of 1901, laws of this state or of the United States, or rules or regulations promulgated pursuant thereto, are not being met, and from ordering the responsible entity or entities to comply with such standards.

Amendment 583

Collection and Levying of Fees for Fire Protection Services in Calhoun County.

The Legislature declares that the fire departments which receive funds pursuant to this amendment are organizations which are public in nature as they promote and protect the health, safety, and welfare of the citizens of the county.

In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Calhoun County a special county-wide property tax of three mills on each one dollar's worth of taxable property as assessed for the state ad valorem taxation. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection services provided by volunteer and full-time fire departments.

The Tax Assessor of Calhoun County shall assess the tax herein provided for and the tax collector shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the tax collector directly to the Calhoun County Volunteer Firefighters' Association and to the cities. The proceeds shall be divided so that the proceeds of the tax collected within the corporate limits of any city within the county shall be allocated to the fire department of that city and the proceeds from collections in the unincorporated areas of the county shall be allocated among the volunteer fire departments which serve the unincorporated area of the county, based on the following formula:

(a) One-third of the proceeds shall be equally divided among the volunteer fire departments which are in good standing with the Calhoun County Volunteer Firefighters' Association.

(b) One-third of the proceeds shall be divided to each volunteer fire department based upon the number of people who live within each respective fire district.

(c) One-third of the proceeds shall be divided to each volunteer fire department based upon the number of acres of land contained in each fire district.

From the proceeds collected in the police jurisdiction, but outside the corporate limits, of any city, one-third shall be allocated for the city serving the police jurisdiction and two-thirds shall be allocated to the Calhoun County Volunteer Firefighters' Association to be divided as herein prescribed.

An eligible fire department, for purposes of this amendment, means a fire department in Calhoun County which is a member in good standing with the Calhoun County Volunteer Firefighters' Association according to guidelines established by the Alabama Volunteer Fire Department Association.

Funds paid to eligible fire departments shall be expended for fire protection and rescue services including training, supplies, equipment, and facilities. The funds may also be expended to purchase insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by the department or the personnel of a fire department and to insure assets of the fire department. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. The records shall reasonably be open to the public for inspection. By September 15 of each year, the association shall file a financial statement with the Calhoun County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments shall be funded within Calhoun County without prior approval of the Calhoun County Volunteer Firefighters' Association.

Upon dissolution or abandonment of any eligible fire department, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Calhoun County Volunteer Firefighters' Association. The funds and assets shall be reallocated by the association to the other fire departments based upon the formula previously set out in this amendment. In the event the association is dissolved, the additional property tax levied under this amendment shall end and no longer be levied and collected.

The personnel of fire departments provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments.

This amendment shall apply to collections of ad valorem taxes for the 1996-97 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.

Amendment 584

Commission Authorized to Levy Ad Valorem Tax for Fire Protection and Rescue Services in Cherokee County.

(a) In addition to all other ad valorem taxes levied, the Cherokee County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located in Cherokee County at a rate of two mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into the county general fund and allocated therefrom for fire protection and rescue services.

(b) Within 30 days of payment into the county general fund of the proceeds from the additional tax levied pursuant to (a), the county commission shall pay the proceeds generated by one and one-half mills of the additional tax levied to the Cherokee County Association of Volunteer Fire Departments and the proceeds generated from one-half of one mill to the Cherokee County Rescue Service Inc. The association shall divide its funds equally among the member fire departments of the Cherokee County Association of Volunteer Fire Departments and allocate one share thereof to the association at the quarterly meetings of the association.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including day to day operations, training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Cherokee County which is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Cherokee County Association of Volunteer Fire Departments. Any tax proceeds allocated for fire protection and rescue services under this amendment shall not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each fire department and the county association shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the county association.

(d) Funds paid to the Cherokee County Rescue Service Inc. shall only be expended for rescue services, including day to day operations, training, supplies, buildings, capital improvements, and equipment. In order for the Cherokee County Rescue Service to maintain eligibility for tax proceeds it shall maintain current active membership in the Alabama Association of Rescue Squads. After receiving funds, the Cherokee County Rescue Service Inc. shall keep accurate records to verify that funds were properly expended.

(e) All funds collected and disbursed under this amendment shall be subject to audit by the State Department of Examiners of Public Accounts.

(f) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(g) Upon dissolution or abandonment of the Cherokee County Rescue Service Inc. any remaining funds shall, after all indebtedness has been satisfied, be held in the county general fund, until a decision can be reached by all applicable parties regarding the restoration of rescue service and the transfer of the funds for rescue services.

(h) The personnel of volunteer fire departments and the Cherokee County Rescue Service shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Cherokee County Rescue Service Inc.

Amendment 585

Collection and Levying of Fees for Fire Protection and Safety Services in Clay County.

The Legislature declares that the fire departments and rescue squads which receive funds pursuant to this amendment are organizations which are public in nature as they promote and protect the health, safety, and welfare of the citizens of the county.

In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Clay County a special property tax of two mills on each one dollar's worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection and safety services.

The Revenue Commissioner of Clay County shall assess the tax herein provided for and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the commissioner directly to the Clay County Volunteer Fire Department Association. The proceeds shall be divided by the association among the eligible volunteer fire departments and rescue squads so that the proceeds of the tax collected within the corporate limits of the Cities of Ashland and Lineville shall be allocated proportionately to the volunteer fire departments of those cities and any rescue squads serving those cities, and the proceeds from collections in the unincorporated areas of the county shall be allocated equally among the volunteer fire departments and the rescue squads which serve the unincorporated areas of the county. The rescue squads shall also receive the same percentage of the proceeds distributed proportionately to Ashland and Lineville which the rescue squads receive from the county portion of the proceeds.

An eligible fire department, for purposes of this amendment, means a fire department in Clay County which is a member in good standing with the Clay County Volunteer Fire Department Association according to guidelines established by the Alabama Volunteer Fire Department Association.

An eligible rescue squad for purposes of this amendment, means a rescue squad in Clay County which is in good standing according to guidelines established by the Alabama Association of Rescue Squads.

Funds paid to eligible fire departments and rescue squads shall only be expended for fire protection and safety services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department or rescue squad which are committed by the department or squad or the personnel of a fire department or rescue squad. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the association shall file a financial statement with the Clay County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments or rescue squads shall be funded within Clay County without prior approval of the Clay County Volunteer Fire Department Association.

Upon dissolution or abandonment of any eligible fire department or rescue squad, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Clay County Volunteer Fire Department Association. The funds and assets shall be reallocated by the association equally to the other fire departments and rescue squads. In the event the association is dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.

The personnel of fire departments and rescue squads provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments or rescue squads.

This amendment shall apply to collections of ad valorem taxes for the 1995-96 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.

Amendment 586

Collection and Levying of Fees for Fire Protection Services in Cleburne County.

The Legislature declares that the fire departments which receive funds pursuant to this amendment are organizations which are public in nature as they promote and protect the health, safety, and welfare of the citizens of the county.

In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Cleburne County a special property tax of two mills on each one dollar's worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection services.

The Revenue Commissioner of Cleburne County shall assess the tax herein provided for and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the commissioner directly to the Cleburne County Volunteer Fire Department Association. The proceeds shall be divided by the association among the eligible volunteer fire departments in the county.

An eligible fire department, for purposes of this amendment, means a fire department in Cleburne County which is a member in good standing with the Cleburne County Volunteer Fire Department Association according to guidelines established by the Alabama Volunteer Fire Department Association.

Funds paid to eligible fire departments shall only be expended for fire protection services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by the department or the personnel of a fire department. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the association shall file a financial statement with the Cleburne County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments shall be funded within Cleburne County without prior approval of the Cleburne County Volunteer Fire Department Association.

Upon dissolution or abandonment of any eligible fire department, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Cleburne County Volunteer Fire Department Association. The funds and assets shall be reallocated by the association equally to the other fire departments. In the event the association is dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.

The personnel of fire departments provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments.

This amendment shall apply to collections of ad valorem taxes for the 1995-96 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.

Amendment 587

Business License Taxes on Real Estate Operations and Transactions in Etowah County.

Act 95-316, which proposed this amendment, was incorrectly certified as passing. The Secretary of State has determined that Amendment No. 587 should be deleted and subsequent amendments should retain their prior numbering.

Amendment 588

Election of Franklin County Superintendent of Education by Qualified Electors.

(a) The Franklin County Superintendent of Education shall be elected by the qualified electors residing in the jurisdiction of the Franklin County School System. The initial county superintendent of education elected pursuant to this amendment shall be elected at the general election in 1996. The election shall be conducted in the same manner as the election of other county officers. The initial county superintendent of education elected pursuant to this amendment shall serve from the date elected and certified until June 30, 2001. A successor shall be elected at the general election in 2000 and take office on July 1, 2001. Successors shall serve a term of four years from July 1 of the year following election and shall be elected at the general election immediately preceding the expiration of the term of the incumbent. The Franklin County Superintendent of Education shall be a resident of the area served by the Franklin County School System at the time of his or her election and shall possess all the qualifications of a county superintendent of education provided by general law. The Legislature may, from time to time, enact laws to implement and facilitate the purposes of this amendment.

(b) Any contract of any appointed county superintendent of education shall terminate on the date the elected county superintendent of education takes office.

(c) Any actions taken pursuant to the constitutional amendment proposed by Act 95-224, H. 80, 1995 Regular Session are ratified, validated, and confirmed.

Amendment 589

Phase-out of Supernumerary Program for Certain Elected Public Officials in Houston County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Houston County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Houston County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Houston County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 590

Regulation and Alteration of Costs and Charges of Courts in Lauderdale County.

The Legislature may, from time to time, by general or local law applicable to Lauderdale County, fix, regulate, and alter the costs and charges of court in the county. This amendment shall be construed together with Amendment 241.

Amendment 591

Election of Two Persons to Electrical Utility Owned by City of Tuskegee.

Two persons shall be elected to the electrical utility owned by the City of Tuskegee at the same time that the mayor and city council elections are held and the elected candidates for members of the electrical utility shall qualify for office in the same manner. The election shall be conducted in the same manner as that for the election for city council. In the interim of the time between the adoption of this amendment and the mayor-city council election, the State Senator and the Alabama House Representative representing the City of Tuskegee shall each appoint a member on the electrical utility board owned by the City of Tuskegee to serve, only during the interim period until the election. The members of the board of directors of the electrical utility who are not members of the city council shall each receive fifty dollars ($50) per meeting, not to exceed one hundred dollars ($100) per month.

Amendments

  • Amended by Amendment 807.

Amendment 592

Phase-out of Supernumerary Program for Certain Elected Public Officials in Morgan County; Participation in Employees' Retirement System.

No elected or appointed Morgan County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Morgan County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Morgan County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendments

  • Amended by Amendment 734.

Amendment 593

Commission Authorized to Levy Ad Valorem Tax for Fire Protection in Perry County.

(a) In addition to all other ad valorem taxes levied, the Perry County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located in Perry County at a rate of three mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into the county general fund and distributed for the benefit of fire protection.

(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Perry County Association of Volunteer Fire Departments. The county association shall divide the funds equally among all eligible volunteer fire departments and the Alabama Forestry Commission at the quarterly meetings of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Perry County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Perry County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.

(d) The Alabama Forestry Commission's share of these funds collected shall be used in Perry County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.

(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.

Amendment 594

Collection and Levying of Fees for Fire Protection and Safety Services in Randolph County.

The Legislature declares that the fire departments and rescue squads which receive funds pursuant to this amendment are organizations which are public in nature as they promote and protect the health, safety, and welfare of the citizens of the county.

In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Randolph County a special property tax of two mills on each one dollar's worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection and safety services.

The Revenue Commissioner of Randolph County shall assess the tax herein provided for and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the commissioner directly to the Randolph County Volunteer Fire Department Association. The proceeds shall be divided by the association so that the proceeds of the tax collected within the corporate limits of the City of Roanoke shall be allocated to the volunteer fire department of the city and the proceeds from collections in the unincorporated areas of the county shall be allocated equally among the volunteer fire departments and the rescue squad which serve the unincorporated area of the county.

An eligible fire department, for purposes of this amendment, means a fire department in Randolph County which is a member in good standing with the Randolph County Volunteer Fire Department Association according to guidelines established by the Alabama Volunteer Fire Department Association.

An eligible rescue squad for purposes of this amendment, means a rescue squad in Randolph County which is in good standing according to guidelines established by the Alabama Association of Rescue Squads.

Funds paid to eligible fire departments and rescue squads shall only be expended for fire protection and safety services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department or rescue squad which are committed by the department or squad or the personnel of a fire department or rescue squad. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the association shall file a financial statement with the Randolph County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments or rescue squads shall be funded within Randolph County without prior approval of the Randolph County Volunteer Fire Department Association.

Upon dissolution or abandonment of any eligible fire department or rescue squad, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Randolph County Volunteer Fire Department Association. The funds and assets shall be reallocated by the association equally to the other fire departments and rescue squads. In the event the association is dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.

The personnel of fire departments and rescue squads provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments or rescue squads.

This amendment shall apply to collections of ad valorem taxes for the 1995-96 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.

Amendment 595

Business License Taxes on Real Estate Operations and Transactions in Shelby County.

(a) In order to allow for the orderly and efficient collection of municipal business license taxes in Shelby County with respect to corporations, firms, brokers, agents, and others in the business of buying, selling, leasing, or representing others in the purchase, sale, or lease of real property in Shelby County, the Legislature may, by local law, provide for the imposition and collection of taxes as follows:

1. Any city or municipality within Shelby County may fix and collect licenses pursuant to Sections 11-51-90 and 11-51-91, Code of Alabama 1975, for any business, trade, or profession relating to the buying, selling, or renting of real estate on commission in Shelby County if the licensee maintains its principal place of business in the corporate limits or police jurisdiction of that city or municipality.

2. Effective January 1, following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under 1. above, every corporation, firm, broker, agent, or other person or entity engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Shelby County shall pay an annual business license tax at a rate to be set by the Legislature for the privilege of engaging in that business in every other city or municipality in Shelby County. The tax shall be collected by the License Commissioner of Shelby County and shall be distributed by the License Commissioner of Shelby County to each city or municipality within Shelby County on a pro rata basis based on population. The License Commissioner of Shelby County shall be entitled to an administrative fee for administering this tax at a rate to be set by the Legislature. The fee shall to be added to the license tax.

3. Effective January 1, following the ratification of this amendment and each year thereafter, except for the licenses permitted or mandated under 1. and 2. above, no other privilege license tax or any other fee or tax shall be imposed under Sections 11-51-90 and 11-51-91, Code of Alabama 1975, or any other law by any city or municipality within Shelby County on corporations, firms, brokers, agents, or other persons or entities engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Shelby County.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Shelby County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 596

Promotion of Economic and Industrial Development in Walker County.

For the promotion of local economic and industrial development of Walker County, Walker County and each municipality the corporate limits of which are located wholly in the county shall, other provisions of law or this constitution notwithstanding, have, independently or in cooperation with one or more of such governmental entities, full and continuing power to do all of the following:

(1) To purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial sites or industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve those sites or projects.

(2) To lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or any such municipality, as applicable, all or any part of any site or project to any person, firm, or corporation, public or private, including any industrial development board, other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing or developing, by a purchaser or lessee, and equipping and operating, industrial, transportation, distribution, warehouse or research facilities, and offices and other facilities auxiliary to the foregoing.

(3) To grant public funds to the industrial development boards, public corporations, or authorities.

Any action referred to in subdivision (1), (2), and (3) which has been taken subsequent to January 1, 1996, is ratified, approved, and confirmed. Nothing herein shall authorize the county, or any municipality therein, to construct buildings for the purpose of lease or sale.

In carrying out the purposes of this amendment, neither Walker County nor any municipality located wholly within Walker County shall be subject to the provisions of Sections 93 or 94 of this constitution, as amended. The Legislature shall have the power, by special or local law, to create, or provide for the creation of, any public corporation, authority, board, agency, or other entity empowered or intended to assist or aid in any way the county or the municipality in carrying out the purposes of this amendment and the special or local law shall not be subject to the provisions of Sections 104 and 106 of this constitution, as amended. This amendment shall be self-executing and the powers granted hereby may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state and acting pursuant to this amendment.

No action may be taken under this amendment by the county or any of the municipalities until after the question of whether the county and the municipalities shall have the authority to take the action shall be submitted to the qualified electors of the county, at an election called for that purpose by the governing body of the county and a majority of the qualified electors voting at the election vote in favor of the county and the municipalities having the authority to take action.

Amendment 597

Sportsperson's Bill of Rights.

(a) All persons shall have the right to hunt and fish in this state in accordance with law and regulations.

(b) This amendment shall be known as the "Sportsperson's Bill of Rights."

Amendment 598

See also: Article XIV, Alabama Constitution

Amendment of Article XIV, Section 8.

Article XIV, Section 8, as amended by Amendment 37 of the Constitution of Alabama 1901, is amended to read as follows:

"Sec. 8. 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. In cases of misdemeanor, the Legislature may by law dispense with a grand jury and authorize prosecutions and proceedings before any inferior courts as may be by law established. In all felony cases, except those punishable by capital punishment, the Legislature may by law dispense with a grand jury and authorize prosecutions and proceedings in any manner as may be provided by law if the defendant, after having had the advice of counsel of his or her choice or in the event he or she is unable to employ counsel, the advice of counsel which shall be appointed by the court, makes known in open court to a judge of a court having jurisdiction of the offense that he or she desires to plead guilty."

Amendment 599

Bingo Games in Morgan County.

(a) The operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes shall be legal only within the boundaries of the Cities of Hartselle and Falkville and that area of the City of Decatur located within the boundaries of Morgan County, subject to any resolution or ordinance by the governing bodies of the respective cities and towns, within their respective jurisdictions. The governing bodies may promulgate rules and regulations for the licensing and operation of bingo games, within their respective jurisdictions. The governing bodies shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.

(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(5) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by the Legislature during any bingo session during any calendar week.

(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.

(b) The Legislature may, by local legislation, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation.

(c) The Legislature, may by local law, provide for the operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes within any other city located within the boundaries of Morgan County pursuant to subsection (a) of Section 1 of this constitutional amendment.

Amendment 600

Amendment of Amendment No. 386.

Amendment To Subsection (f) of Amendment No. 386

"(f) Prizes given by any nonprofit organization for the playing of bingo games in Jefferson County shall not exceed the amounts set by local law;"

Amendment 601

Compensation of Judge of Probate of Barbour County.

(a) Effective October 1, 1997, the Judge of Probate of Barbour County shall receive compensation in the form of an annual salary in the amount provided by general or local law, which salary may be set from time to time by the Legislature. The salary paid in lieu of all other fees, allowances, and percentages heretofore provided by law, shall be paid in equal monthly installments out of the general fund in the county treasury.

(b) All fees, commissions, allowances, percentages, and other charges collected for the use of the Judge of Probate of Barbour County shall continue to be collected, but shall be paid into the county general fund.

Amendment 602

Phase-out of Supernumerary Program for Certain Elected Public Officials in Coosa County; Participation in Employees' Retirement System.

A mayor, sheriff, or elected or appointed Coosa County official shall not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor, sheriff, and elected or appointed Coosa County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Coosa County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 603

Commission Authorized to Levy Ad Valorem Tax for Fire Protection in Hale County.

(a) In addition to all other ad valorem taxes levied, the Hale County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1996, an ad valorem tax on all taxable property located in Hale County at a rate of two mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into the county general fund and distributed for the benefit of fire protection.

(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Hale County Fire Fighters Association. The county association shall divide the funds equally among all eligible volunteer fire departments and the Alabama Forestry Commission at each monthly meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. All eligible volunteer fire department shall mean a volunteer fire department located in Hale County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Hale County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.

(d) The Alabama Forestry Commission's share of these funds collected shall be used in Hale County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.

(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.

Amendment 604

Special Fire Protection Property Tax in Henry County.

The Legislature declares that the fire departments which receive funds pursuant to this amendment are organizations which are public in nature, as they promote and protect the health, safety, and welfare of the citizens of the county.

In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Henry County a special property tax of two mills on each one dollar's worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection services.

The Revenue Commissioner of Henry County shall assess the tax herein provided for, and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds shall be divided by the revenue commissioner on an equal basis among the six eligible volunteer fire departments in the county.

An eligible fire department, for purposes of this amendment, means a fire department in Henry County which is a member in good standing with the Alabama Volunteer Fire Department Association.

Funds paid to eligible volunteer fire departments shall only be expended for fire protection services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by the department or the personnel of a fire department. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, each volunteer fire department shall file a financial statement with the Henry County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated.

Upon dissolution or abandonment of any eligible fire department, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be divided equally among the remaining volunteer fire departments in the county. In the event all of the volunteer fire departments are dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.

The personnel of volunteer fire departments provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments.

This amendment shall apply to collections of ad valorem taxes for the 1996-97 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.

Amendment 605

Costs and Charges of Courts in Houston County.

The Legislature may, from time to time, by general or local laws, fix, regulate, and alter the costs and charges of courts in Houston County.

Amendment 606

Election of Board of Education of City of Bessemer.

The Legislature, by local act, may provide for the election of the members of the board of education of the City of Bessemer in Jefferson County and may provide further for the operation of the board.

Amendment 607

Amendment of Amendment No. 334.

Amendment No. 334

All vacancies in the office of judge of the circuit court and the office of judge of the district court holding in Madison County shall be filled in the manner and for the time as herein provided.

The Madison County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to such a vacancy. The commission shall be composed of nine members. The members of the commission shall be two persons who are members of the Alabama State Bar, one judge of the circuit court holding in Madison County, two members appointed by Members of the Alabama House of Representatives who represent Madison County, irrespective of whether such Members of the House of Representatives reside in Madison County, two members appointed by Members of the Alabama Senate who represent Madison County, irrespective of whether such Members of the Senate reside in Madison County, and two members appointed jointly by these Members of the House of Representatives and Members of the Senate.

All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Madison County.

The two members of the 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 the commission as are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Madison County the names of the persons elected as members of the commission by these members of the bar.

The Members of the Alabama House of Representatives who represent Madison County, irrespective of whether these members reside in Madison County, shall make one initial appointment of a member of the commission immediately upon the adoption of the amendment adding this amendatory language and shall make the other initial appointment upon the first expiration of the term of office of a member previously appointed pursuant to this amendment by the Senators and Representatives in the Alabama Legislature residing in Madison County. These Members of the Alabama House of Representatives representing Madison County shall make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar.

The Members of the Alabama Senate representing Madison County, irrespective of whether these members reside in Madison County, shall make one initial appointment of a member of the commission immediately upon the adoption of the amendment adding this amendatory language and shall make the other initial appointment upon the expiration of the term of office of the last member previously appointed pursuant to this amendment by the Senators and Representatives of the Alabama Legislature residing in Madison County. These Members of the Alabama Senate representing Madison County shall make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar.

The Members of the House of Representatives and Senate representing Madison County, irrespective of whether these members reside in Madison County, shall jointly make two initial appointments upon the adoption of the amendment adding this amendatory language. These Members of the House of Representatives and the Senate shall jointly make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar.

These Members of the House of Representatives and Senate, respectively, shall certify in writing to the Judge of Probate of Madison County the names of persons appointed by them to the commission.

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

The terms of office of all members of the commission shall be six years. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.

The Judge of Probate of Madison County shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.

No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.

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

If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Madison County, the commission shall nominate to the Governor three persons having the qualifications for the office. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. A nomination shall be made only by the concurrence of at least five members of the commission, which vote shall be conducted at a public meeting. The member of the commission elected by the judges of the circuit court holding in Madison County shall only vote on matters before the commission in instances when the vote by other commission members has resulted in a tie. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, 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 a successor is elected and qualified. At the general election, the judicial office shall be filled for a full term of office to commence on the first Monday after the second Tuesday in January following the general election.

Amendment 608

Ratification of Levy and Collection of Certain Sales and Use Taxes in School District No. 1 in Madison County.

Any provision of the Constitution of Alabama of 1901, as amended, to the contrary notwithstanding, all sales and use taxes for public school or education purposes imposed pursuant to Act No. 82-525 in School District One in Madison County which have been approved by a majority vote of the qualified electors of School District One in Madison County prior to January 1, 1996, and the levy and collection thereof from the date of the initial levy thereof, are hereby authorized, ratified, and confirmed regardless of any statutory or constitutional defects, mistakes, errors, or ambiguities, including without limitation, with respect to the authorization, adoption, or levy thereof or the election thereon, any failure to publish any required notice, or any act of or failure to act by the Legislature with respect thereto; provided, however, that the authorization, ratification, and confirmation effected by this amendment shall not be applicable to any sales and use tax which is being challenged in appropriate judicial proceedings in any proper court on the date the act proposing this amendment is adopted.

Amendment 609

Judge of Probate of Marengo County; Compensation, Fees, Etc.

(a) The Judge of Probate of Marengo County shall receive compensation in the form of an annual salary which shall be equal to ninety percent of the annual salary compensation paid by the state to the district court judge of the county. The salary shall be paid in lieu of all other fees, allowances, and percentages heretofore provided by law and shall be paid in equal monthly installments out of the general fund of the county treasury.

(b) All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the Judge of Probate of Marengo County shall continue to be collected by the judge of probate, but shall be paid into the county general fund.

(c) The County Commission of Marengo County shall provide the judge of probate with office personnel, clerks and deputies, and with quarters, books, stationery, furniture, equipment, and other supplies necessary for the proper and efficient conduct of the office of the judge of probate. Compensation of the personnel shall be fixed by the county commission and shall be paid in equal monthly installments out of the General Fund of Marengo County.

(d) This amendment shall be effective January 1 after its approval.

Amendments

  • Amended by Amendment 878.

Amendment 610

Commission Authorized to Levy Ad Valorem Tax for Fire Protection in Marengo County.

(a) In addition to all other ad valorem taxes levied, the Marengo County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1997, an ad valorem tax on all taxable property located in Marengo County, excluding the city limits of Demopolis, at a rate of two mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into the county general fund and distributed for the benefit of fire protection.

(b) Within 90 days of payment into the county general fund, the county commission shall pay the funds to the Marengo County Association of Fire and Rescue Departments, Incorporated. The county association shall divide the funds equally among all the eligible volunteer fire departments and the Alabama Forestry Commission at each quarter meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Marengo County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Marengo County Association of Fire and Rescue Departments, Incorporated. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.

(d) The Alabama Forestry Commission's share of these funds collected shall be used in Marengo County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.

(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.

Amendment 611

Validation of Laws Regulating Court Costs in Randolph County.

All general laws, local laws, and population based laws previously enacted by the Legislature and which are in effect on January 1, 1996, pertaining to or applicable to Randolph County which in whole or in part regulate costs and charges of courts are hereby ratified, approved, validated, and confirmed as of the date of their enactment. Any actions taken or payments made in accordance with those laws are hereby ratified, approved, validated, and confirmed. This amendment shall not be construed as prohibiting the Legislature from properly enacting a law to amend or repeal those laws. The Legislature may, by local law, increase or decrease costs and charges of courts.

Amendment 612

Bingo Games in Russell County.

(a) The operation of bingo games for prizes or money by certain nonprofit organizations and certain private clubs for charitable, educational, or other lawful purposes shall be legal in Russell County, subject to any resolution or ordinance by the county commission as provided by law regulating the operation of bingo. The county commission may promulgate rules and regulations for issuing permits or licenses and for operating bingo games within the jurisdiction of the county. The county commission shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian. No person under the age of 19 shall be permitted to conduct or assist in the conduct of any game of bingo.

(2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization or qualified private club, unless the organization or club shall have been in existence for at least five years and owned real property in the county for five years immediately prior to issuing the permit or license, except the following:

a. A fraternal, or benevolent, or charitable organization which qualifies as an exempt organization under Section 501(c) of the Internal Revenue Code.

b. A private club with annual membership dues of three hundred dollars ($300) or more.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization or club operating the bingo game. If the premises are leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.

(4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization or club. No nonprofit organization or club may pay consulting fees, any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game.

(5) A nonprofit organization or club shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization or club is not directly and solely operating the bingo game or concessions.

(6) Prizes given by any qualified nonprofit organization or qualified private club for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.

(7) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes.

(8) No person, or organization or club, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.

(b) The Legislature may, by local legislation, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation.

Amendment 613

Costs and Charges of Courts in St. Clair County; Distribution of Additional Revenue.

The Legislature may, from time to time, by general, special, or local law, regulate and alter the costs and charges of court in St. Clair County and provide for the distribution of any additional revenue for the purpose of establishing, operating, and maintaining the juvenile court system and juvenile programs in the county.

Amendment 614

Fire Protection Districts in Talladega County.

The Legislature may, by local law, from time to time, provide for the establishment of districts in Talladega County for fire protection and provide for mandatory annual dues in the districts. The Legislature shall provide for the operation of the districts and for the collection and disposition of the mandatory annual dues. The Legislature may limit the liability of the county for the operation of a district and provide that a district shall be exempt from all taxation. The districts may include incorporated and unincorporated areas of the county which need and are willing to subscribe to the fire protection services.

Amendment 615

Procedure for Filling Vacancies in Office of Judge of Circuit Court, Judge of District Court, and District Attorney in Talladega County.

In Talladega County, all vacancies in the offices of judge of the circuit court, judge of the district court, and district attorney shall be filled in the manner and for the time as provided in this amendment.

The Talladega County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to any vacancy in the offices of judge of the circuit court, judge of the district court, and district attorney. The five members of the commission shall consist of the following: The presiding judge of the Circuit Court of Talladega County, as a nonvoting ex officio member who may only vote in the event of a tie vote among the other four members of the commission, and who shall preside over all meetings of the commission; the commissioner of the Alabama State Board of Bar Commissioners representing Talladega County, as an ex officio voting member; and three residents of Talladega County who are not members of the Alabama State Bar. Appointed members shall serve for terms of four years. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. The term of office for the initial appointed members of the commission shall begin immediately upon appointment.

The nonlawyer members of the commission shall be appointed by mutual consent of the members of the state Legislature who represent Talladega County. The nonlawyer members of the commission shall not be eligible to serve two successive terms.

The presiding judge of the Circuit Court of Talladega County shall certify in writing to the Judge of Probate of Talladega County his or her own name and the name of the Alabama State Bar Commissioner representing Talladega County, as ex officio members. The appropriate members of the state Legislature representing Talladega County shall certify in writing to the Judge of Probate of Talladega County the names of the three resident members appointed to the commission.

The Judge of Probate of Talladega County shall record all certificates of election and shall safely and permanently keep the original and all subsequent certificates of election. Immediately upon receipt and recordation of a certificate of election, the judge of probate shall send a certified copy to the Governor.

No member of the commission shall seek appointment as a judge of the circuit court, judge of the district court, or district attorney during the term of office for which the member has been selected.

The members of the commission shall not receive any salary or other compensation for their service as members. No appointed member of the commission shall hold any public office. No member of the commission shall hold any official position in any political party.

If, after the ratification of this amendment, a vacancy occurs in Talladega County in the offices of judge of the circuit court, judge of the district court, or district attorney, the presiding judge of the Circuit Court of Talladega County shall call a meeting of the commission to fill the vacancy. The commission shall nominate three persons having the qualifications for the vacant office. The nominations shall be made only by the concurrence of a majority of the members of the commission. The presiding judge of the circuit court shall certify the three nominees to the Governor, who shall appoint one to the office in which the vacancy exists. If the Governor fails to make an appointment from the submitted list within 30 days from the date of submission, the appointment shall be made from the list by the Chief Justice of the Supreme Court of Alabama. If the appointment is for a judicial vacancy, the appointee shall hold office for an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after completing one year in office. At the election, the judicial office shall be filled for a full term of office beginning at the end of the appointed term. If the appointment is for the office of district attorney, the appointee shall hold office for the term or the remainder of the unexpired term as provided by law.

Amendment 616

Appropriations of Cellular Radio Telecommunication Service Tax Funds for Payment on Outstanding Bonds of Alabama Revolving Loan Fund Authority.

Notwithstanding any other provision of law, the Legislature may appropriate the revenue and other funds received or collected pursuant to any cellular radio telecommunication service tax to pay the principal at maturity and any interest due on the outstanding bonds issued by the Alabama Revolving Loan Fund Authority or its successor authority.

Amendment 617

Indebtedness by State for State Parks System and Historical Sites.

The State of Alabama is authorized to become indebted for the purpose of the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of the state parks system, public historical sites, and public historical parks, and in evidence of the indebtedness so incurred to sell and issue bonds, in addition to all other bonds of the state, not exceeding one hundred ten million dollars ($110,000,000) in aggregate principal amount. The bonds shall be direct general obligations of the state and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal thereof and the interest thereon. One hundred four million dollars ($104,000,000) of the bonds shall be issued for the state by the Alabama State Parks System Improvement Corporation pursuant to the appropriate resolutions adopted by the board of directors of the corporation and the proceeds thereof shall be appropriated and used exclusively for the purpose of paying the expenses incurred in the sale and issuance of the bonds and for payment of the costs of the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of the state parks system; provided, any lake acquired and/or built with the proceeds thereof by the Department of Conservation and Natural Resources as a part of a state park must have a minimum buffer of six hundred (600) lateral feet between the shoreline and any private property. In the event that the water from any said lake is sold, the cost thereof shall be equal to the periodic costs for that portion of the bond issue incurred by the Alabama State Parks System Improvement Corporation for said lake, and shall be repaid to the Department of Conservation and Natural Resources at the same rate as the debt service on said bond issue. Such acquisition, provision, construction, improvement, renovation, equipping and maintenance of the state parks system, shall be completed at the direction of the Alabama State Parks System Improvement Corporation with the advice and concurrence of the Joint Legislative Committee on State Parks, and all state park system land and facilities, except for existing concession operations or other existing permitted operations, shall thereafter be exclusively and solely operated and maintained by the Department of Conservation and Natural Resources. Six million dollars ($6,000,000) of the bonds shall be issued for the state by the Alabama Public Historical Sites and Parks Improvement Corporation pursuant to the appropriate resolutions adopted by the board of directors of the corporation and the proceeds thereof shall be appropriated and used exclusively for the purpose of paying the expenses incurred in the sale and issuance of the bonds and for the payment of the costs of the acquisition, provision, construction, improvement, renovations, equipping, and maintenance of public historical sites and public historical parks not under the jurisdiction of the Department of Conservation and Natural Resources. Such acquisition, provision, construction, improvement, renovation, equipping, and maintenance of public historical sites and public historical parks shall be completed at the direction of the Alabama Public Historical Sites and Parks Improvement Corporation and shall thereafter be operated by the Alabama Historical Commission, or other entity as authorized by the commission, with the advice and concurrence of the Joint Legislative Committee on State Parks.

The State of Alabama is further authorized to become indebted and in evidence thereof to sell and issue one or more series of bonds to refund all or any of the bonds hereinabove authorized by this amendment in such principal amount or amounts, which may exceed the principal amount of the bonds being refunded, and in such manner as may be provided by law duly enacted by the Legislature.

The aforesaid corporations are hereby vested with the power and authority to provide for the sale and terms of the bonds hereby authorized 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 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 corporations 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 corporations in the resolution or resolutions whereunder the bonds hereby authorized are issued. The principal of each series of bonds shall mature on such date and in such amounts as shall be specified in the resolution or resolutions of the board of directors of the corporations under which they are issued, the last of which installments shall mature not later than 20 years after the date of the bonds of the same series. All of the bonds, including refunding 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 corporations, to the bidder whose bid reflects the lowest true interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the corporation is received, all bids may be rejected.

The bonds shall be signed in the name of the state by the Governor of the State 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 of the State of Alabama; provided that facsimile signatures of either or both of the officers may be reproduced on such bonds in lieu of their manually signing the same.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from all taxation in the state, except inheritance, estate and gift taxes.

The proceeds from the sale of the bonds by the Alabama State Parks System Improvement Corporation hereby authorized, other than refunding bonds, 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 State Parks System Improvement Fund," and such proceeds, together with income derived from the investment and reinvestment thereof, shall be temporarily invested until needed and disbursed, on order of the aforesaid corporation solely for the purposes, hereinabove described, for which the bonds are authorized to be issued.

The proceeds from the sale of the bonds by the Alabama Public Historical Sites and Parks Improvement Corporation hereby authorized, other than refunding bonds, 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 Public Historical Sites and Parks Improvement Fund," and such proceeds, together with income derived from the investment and reinvestment thereof, shall be temporarily invested until needed and disbursed, on order of the aforesaid corporation solely for the purposes, hereinabove described, for which the bonds are authorized to be issued.

No further authorization from the Legislature shall be a prerequisite to the validity of any bonds issued hereunder. However, the Legislature shall enact appropriate legislation implementing the provisions hereof, including provisions for the issuance of refunding bonds as hereinabove authorized.

The Alabama State Parks System Improvement Corporation and the Alabama Public Historical Sites and Parks Improvement Corporation authorized in this constitutional amendment are strongly encouraged to utilize businesses and companies in all aspects of the bond and construction portions of this amendment that reflect the racial and ethnic diversity of the state.

Amendment 618

Indebtedness by State for Animal and Livestock Diagnostic Services and Education Facilities.

The State of Alabama is authorized to become indebted for the purpose of providing, equipping and improving facilities for the provision of animal and livestock diagnostic services and for use as educational, research and promotional facilities in the fields of agriculture, forestry and veterinary medicine, and in evidence of the indebtedness so incurred to sell and issue bonds, in addition to all other bonds of the State, not exceeding $52,000,000 in aggregate principal amount. Said bonds shall be direct general obligations of the State and the full faith and credit and taxing power of the State are hereby pledged to the prompt and faithful payment of the principal thereof and the interest thereon. The proceeds from the sale of said 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 payment of the costs of the construction, alteration, improvement, remodeling, renovation, modernization, enlargement and equipment of buildings and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters, but not including the purchase of sites therefor, for use (1) as animal diagnostic laboratories in order to provide improved animal health testing for livestock and poultry producers, veterinarians, animal owners and animal-related businesses generally, (2) in carrying out agricultural and forestry research and for agriculture and forestry, plant science and nursery crop education at post-secondary levels, (3) in the provision of instruction and research in the field of veterinary medicine and (4) in providing agricultural extension services at regional research extension centers. Said bonds shall be issued by the State pursuant to appropriate resolutions adopted by the board of directors of Alabama Agricultural Development Authority, and the proceeds thereof shall be allocated by said Authority for payment of the aforesaid costs in such amounts and manner as shall be authorized by act of the legislature. Such buildings and facilities and improvements thereto shall be constructed at the direction of said Authority and shall thereafter be operated by or in cooperation with the State's Morill Act land grant universities and those institutions eligible to receive federal appropriations in support of agriculture and forestry extension and research and for the acquisition and improvement or agricultural and food sciences facilities and equipment and such other agencies and institutions as the said Authority shall determine to be appropriate and convenient therefor.

The State of Alabama is further authorized to become indebted and in evidence thereof to sell and issue one or more series of bonds to refund all or any of the bonds hereinabove authorized by this amendment in such principal amount or amounts (which may exceed the principal amount of the bonds being refunded) and in such manner as may be provided by law duly enacted by the legislature.

The aforesaid Authority is hereby vested with the power and authority to provide for the sale and terms of the bonds hereby authorized 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 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 Authority 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 Authority in the resolution or resolutions whereunder the bonds hereby authorized are issued. The principal of each series of bonds shall mature on such date in such amounts as shall be specified in the resolution or resolutions of the board of directors of the said Authority under which they are issued, the last of which installments shall mature not later than twenty-one years after the date of the bonds of the same series. All of the bonds (including refunding 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 Authority, to the bidder whose bid reflects the lowest true interest cost to the State computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said Authority 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 said Authority 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 or all of said officers may be reproduced on such bonds in lieu of their manually signing the same.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from all taxation in the State, except inheritance, estate and gift taxes.

The proceeds from the sale of those bonds hereby authorized (other than refunding bonds), 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 Agricultural, Forestry and Veterinary Medicine Facilities Improvement Fund," and such proceeds shall be temporarily invested until needed and disbursed, together with income derived from the investment and reinvestment thereof, on order of the aforesaid Authority solely for the purposes, hereinabove described, for which said bonds are authorized to be issued. Proceeds and said income so disbursed may be combined with monies derived from other sources or otherwise provided by State institutions in accomplishing said purposes in such manner as said Authority shall direct, but the provision or existence of matching funds from the federal government or other entities or persons shall not be a prerequisite to the issuance of any bonds hereunder or to the disbursement of any proceeds thereof or any income earned on such proceeds.

No further authorizations from the legislature shall be a prerequisite to the validity of any bonds issued hereunder. However, the legislature shall enact appropriate legislation implementing the provisions hereof, including provisions for the issuance of refunding bonds as hereinabove authorized.

Amendment 619

Indebtedness by State for Textile Technology and Education Facilities.

The State of Alabama is authorized to become indebted for the purpose of providing, equipping, and improving facilities for the purpose of providing and equipping a center for cotton, cotton products technology, and for its use as an educational, applied research, and promotional facility in the field of textile and apparel technology, and in evidence of the indebtedness so incurred to sell and issue bonds, in addition to all other bonds of the state, not exceeding five million seven hundred thousand dollars ($5,700,000) in aggregate principal amount. Said bonds shall be direct general obligations of the state and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal thereof and the interest thereon. The proceeds from the sale of said 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 payment of the costs of the construction, alteration, improvement, remodeling, renovation, modernization, enlargement, and equipment of buildings and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters, but not for the purchase of sites for providing and equipping a center for cotton, cotton products technology, and for its use as an educational, applied research, and promotional facility in the field of textile and apparel technology. Said bonds shall be issued by the state pursuant to appropriate resolutions adopted by the Board of Directors of the Alabama Agricultural Development Authority, and the proceeds thereof shall be allocated by said authority for payment of the aforesaid costs in such amounts and manner as shall be authorized by an act of the Legislature. Such buildings and facilities and improvements thereto shall be constructed at the direction of said authority and shall thereafter be operated by an agency to be determined by the Alabama Commissioner of Agriculture and Industries in consultation and cooperation with textile and apparel-related businesses and trade associations to include, but not be limited to, the Alabama Textile Manufacturers Association, Inc., under such arrangements as may be authorized by law.

The State of Alabama is further authorized to become indebted and in evidence thereof to sell and issue one or more series of bonds to refund all or any of the bonds hereinabove authorized by this amendment in such principal amount or amounts (which may exceed the principal amount of the bonds being refunded) and in such manner as may be provided by law duly enacted by the Legislature.

The aforesaid authority is hereby vested with the power and authority to provide for the sale and terms of the bonds hereby authorized 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 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 authority 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 authority in the resolution or resolutions whereunder the bonds hereby authorized are issued. The principal of each series of bonds shall mature on such date in such amounts as shall be specified in the resolution or resolutions of the board of directors of the said authority under which they are issued, the last of which installments shall mature not later than twenty-one years after the date of the bonds of the same series. All of the bonds (including refunding 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 authority, to the bidder whose bid reflects the lowest true interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said authority 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 said authority 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 or all of said officers may be reproduced on such bonds in lieu of their manually signing the same.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from all taxation in the state, except inheritance, estate and gift taxes.

The proceeds from the sale of those bonds hereby authorized (other than refunding bonds), 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 Textile Technology Facilities Improvement Fund," and such proceeds shall be temporarily invested until needed and disbursed, together with income derived from the investment and reinvestment thereof, on order of the aforesaid authority solely for the purposes, hereinabove described, for which said bonds are authorized to be issued. Proceeds and said income so disbursed may be combined with moneys derived from other sources or otherwise provided by state institutions in accomplishing said purposes in such manner as said authority shall direct, but the provision or existence of matching funds from the federal government or other entities or persons shall not be a prerequisite to the issuance of any bonds hereunder or to the disbursements of any proceeds thereof or any income earned on such proceeds.

No further authorization from the Legislature shall be a prerequisite to the validity of any bonds issued hereunder. However, the Legislature shall enact appropriate legislation implementing the provisions hereof, including provisions for the issuance of refunding bonds as hereinabove authorized.

Amendment 620

Indebtedness by State for Forensic Sciences Laboratories and Education Facilities.

The State of Alabama is authorized to become indebted for the purpose of providing, equipping and improving facilities in the State for use as forensic laboratories and education facilities for the provision of instruction and research in the field of forensic sciences and in evidence of the indebtedness so incurred to sell and issue bonds, in addition to all other bonds of the State, not exceeding $17,500,000 in aggregate principal amount. Said bonds shall be direct general obligations of the State and the full faith and credit and taxing power of the State are hereby pledged to the prompt and faithful payment of the principal thereof and the interest thereon. The proceeds from the sale of said 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 payment of the costs of the construction, alteration, improvement, remodeling, renovation, modernization, enlargement and equipment of buildings and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters, including the purchase of sites therefor, for use as forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences. None of the proceeds derived from the sale of the bonds may be used to pay rents for the use of real or personal property or to make payments under any lease with option to purchase or similar contractual arrangement. Said bonds shall be issued by the State pursuant to appropriate resolutions adopted by the board of directors of Alabama Forensic Sciences Bond Authority, and the proceeds thereof shall be allocated by said authority for payment of the aforesaid costs in such amounts and manner as shall be authorized by act of the legislature.

The State of Alabama is further authorized to become indebted and in evidence thereof to sell and issue one or more series of bonds to refund all or any of the bonds hereinabove authorized by this amendment in such principal amount or amounts (which may exceed the principal amount of the bonds being refunded) and in such manner as may be provided by law duly enacted by the legislature.

The aforesaid Authority is hereby vested with the power and authority to provide for the sale and terms of the bonds hereby authorized and the issuance thereof, subject to the approval 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 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 Authority 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 Authority in the resolution or resolutions whereunder the bonds hereby authorized are issued. The principal of each series of bonds shall mature on such date in such amounts as shall be specified in the resolution or resolutions of the board of directors of the said Authority under which they are issued, the last of which installments shall mature not later than twenty-one years after the date of the bonds of the same series. All of the bonds (including refunding 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 Authority, to the bidder whose bid reflects the lowest true interest cost to the State computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said Authority 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 said Authority 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 or all of said officers may be reproduced on such bonds in lieu of their manually signing the same.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from all taxation in the State, except inheritance, estate and gift taxes.

The proceeds from the sale of those bonds hereby authorized (other than refunding bonds), 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 Forensic Sciences Facilities Improvement Fund," and such proceeds shall be temporarily invested until needed and disbursed, together with income derived from the investment and reinvestment thereof, on order of the aforesaid Authority solely for the purposes, hereinabove described, for which said bonds are authorized to be issued. Proceeds and said income so disbursed may be combined with monies derived from other sources or otherwise provided by State institutions in accomplishing said purposes in such manner as said Authority shall direct, but the provision or existence of matching funds from the federal government or other entities or persons shall not be a prerequisite to the issuance of any bonds hereunder or to the disbursement of any proceeds thereof or any income earned on such proceeds.

The Alabama Forensic Sciences Bond Authority shall, to the extent possible and practical, utilize businesses and companies in all aspects of the bond and construction portions of this amendment that reflect the racial and ethnic diversity of the state.

No further authorizations from the legislature shall be a prerequisite to the validity of any bonds issued hereunder. However, the legislature shall enact appropriate legislation implementing the provisions hereof, including provisions for the issuance of refunding bonds as hereinabove authorized.

Amendment 621

Effectiveness of Unfunded Mandates for Municipalities, Etc.

(a) No general law, or state executive order whose purpose or effect is to require a new or increased expenditure of funds held or disbursed by the governing body of a municipality or county, or an instrumentality thereof, shall become effective as to any municipality or county, or an instrumentality thereof, until approved by an ordinance enacted, or a resolution adopted, by the governing authority of the affected municipality, county, or instrumentality or until, and only as long as, the Legislature appropriates funds for the purpose to the affected municipality, county, or instrumentality and only to the extent and amount that the funds are provided, or until a law provides for a local source of revenue within the municipality, county, or instrumentality for the stated purpose and the affected municipality, county, or instrumentality is authorized by ordinance or resolution to levy and collect the revenue and only to the extent and amount of the revenue.

(b) This amendment shall not apply to:

(1) A local law as defined in Article IV, Section 110, Constitution of Alabama 1901.

(2) An act, state executive order requiring expenditures by a school board.

(3) An act defining a new crime or amending the definition of an existing crime.

(4) An act, statute, executive order enacted, promulgated, or adopted and effective prior to the ratification of this amendment which by its provisions requires expenditures by the county or municipality at any time after the effective date of this amendment.

(5) An act enacted, or state executive order promulgated or adopted to comply with a federal mandate, only to the extent of the federal mandate.

(6) An act adopted or enacted by two-thirds of those voting in each house of the Legislature and any rule or regulation adopted to implement that act or adopted pursuant thereto.

(7) An act determined by the Legislative Fiscal Office to have an aggregate insignificant fiscal impact on affected municipalities, counties, or instrumentalities. For purposes of this subsection, the phrase "aggregate insignificant fiscal impact" shall mean any impact less than $50,000 annually.

(8) An act of general application prescribing the minimum compensation for public officials.

Amendment 622

Alabama Religious Freedom Amendment.

SECTION I. The amendment shall be known as and may be cited as the Alabama Religious Freedom Amendment.

SECTION II. The Legislature makes the following findings concerning religious freedom:

(1) The framers of the United States Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution, and the framers of the Constitution of Alabama of 1901, also recognizing this right, secured the protection of religious freedom in Article I, Section 3.

(2) Federal and state laws "neutral" toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise.

(3) Governments should not burden religious exercise without compelling justification.

(4) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion.

(5) The compelling interest test as set forth in prior court rulings is a workable test for striking sensible balances between religious liberty and competing governmental interests in areas ranging from public education (pedagogical interests and religious rights, including recognizing regulations necessary to alleviate interference with the educational process versus rights of religious freedom) to national defense (conscription and conscientious objection, including the need to raise an army versus rights to object to individual participation), and other areas of important mutual concern.

(6) Congress passed the Religious Freedom Restoration Act, 42 U.S.C., § 2000bb, to establish the compelling interest test set forth in prior federal court rulings, but in City of Boerne v. Flores, 117 S.Ct. 2157 (1997), the United States Supreme Court held the act unconstitutional stating that the right to regulate was retained by the states.

SECTION III. The purpose of the Alabama Religious Freedom Amendment is to guarantee that the freedom of religion is not burdened by state and local law; and to provide a claim or defense to persons whose religious freedom is burdened by government.

SECTION IV. As used in this amendment, the following words shall have the following meanings:

(1) DEMONSTRATES. Meets the burdens of going forward with the evidence and of persuasion.

(2) FREEDOM OF RELIGION. The free exercise of religion under Article I, Section 3, of the Constitution of Alabama of 1901.

(3) GOVERNMENT. Any branch, department, agency, instrumentality, and official (or other person acting under the color of law) of the State of Alabama, any political subdivision of a state, municipality, or other local government.

(4) RULE. Any government statute, regulation, ordinance, administrative provision, ruling guideline, requirement, or any statement of law whatever.

SECTION V. (a) Government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).

(b) Government may burden a person's freedom of religion only if it demonstrates that application of the burden to the person:

(1) Is in furtherance of a compelling governmental interest; and

(2) Is the least restrictive means of furthering that compelling governmental interest.

(c) A person whose religious freedom has been burdened in violation of this section may assert that violation as a claim or defense in a judicial, administrative, or other proceeding and obtain appropriate relief against a government.

SECTION VI. (a) This amendment applies to all government rules and implementations thereof, whether statutory or otherwise, and whether adopted before or after the effective date of this amendment.

(b) Nothing in this amendment shall be construed to authorize any government to burden any religious belief.

(c) Nothing in this amendment shall be construed to affect, interpret, or in any way address those portions of the First Amendment of the United States Constitution permitting the free exercise of religion or prohibiting laws respecting the establishment of religion, or those provisions of Article I, Section 3, of the Constitution of Alabama of 1901, regarding the establishment of religion.

SECTION VII. (a) This amendment shall be liberally construed to effectuate its remedial and deterrent purposes.

(b) If any provision of this amendment or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this amendment.

Amendment 623

Trust Funds for Continuing Benefit of Certain Cities.

Part I. As used in this amendment, the following terms shall have the following meanings:

(a) AUTHORIZED CITY. Any city in which the voters have authorized the establishment of one or more trust funds in the manner provided in this amendment, notwithstanding Section 94 of this Constitution.

(b) AUTHORIZED INVESTMENT. Any investment authorized by law for the investment of any of the trust funds of either the Teachers' Retirement System of Alabama or the Employees' Retirement System of Alabama.

(c) AUTHORIZING ORDINANCE. An ordinance of an authorized city adopted in accordance with this amendment.

(d) CITY. Any city with a population of 150,000 or more according to the latest federal decennial census.

(e) GOVERNING BODY. The city council, city commission, or other legislative body authorized under general law to adopt ordinances for the operation and governance of a city.

(f) INVESTMENT POLICY. A written statement setting forth the mode and manner for investing the assets of a trust fund in authorized investments, establishing benchmarks and criteria for measuring investment performance and compliance with the investment policy, and specifying a requirement for the preparation and publication of periodic reports on investment performance and investment policy compliance.

(g) TRUST FUND. A fund established pursuant to this amendment.

Part II. The governing body of any authorized city may establish by ordinance one or more trust funds for the continuing benefit of the authorized city and its citizens which shall be funded and administered in accordance with the ordinance and this amendment.

Part III. The authorizing ordinance shall include the following provisions:

(a) The amount and source of funds to be initially set aside in the trust fund.

(b) The conditions of expenditure of the principal of or earnings on the assets of the trust fund, or any other conditions, which conditions may include a request by the mayor, approval by any specified number of members of the governing body of the authorized city greater than a simple majority of the members, or any other conditions.

(c) An investment policy for the trust fund.

(d) Provision for the custody of the assets of the trust fund by the finance director of the authorized city, or a bank, savings association or trust company with a place of business in Alabama, which is organized and existing under the laws of this state, any other state of the United States, or the United States and which is authorized pursuant to the laws of this state or the United States, to conduct, and is conducting in this state, the business of a trust company, or with respect to a bank or savings association, the business of making loans and taking deposits, selected in a manner specified in the authorizing ordinance.

(e) Any other provisions, not inconsistent with this amendment, as may be deemed appropriate by the governing body.

Part IV. An authorizing ordinance once adopted may be subsequently amended only as proposed in an ordinance adopted by the governing body, approved by the mayor, and approved by a majority of the qualified electors of an authorized city voting at an election called for such purpose. Approval by a majority of the qualified electors shall not be required for an amendment to an authorizing ordinance for the sole purpose of providing for the deposit of additional funds or authorized investments into a previously established trust fund. An authorized city may call and pay the expenses of elections for the purpose of considering amendments to an authorizing ordinance.

Part V. In the event this amendment is approved and a majority of the qualified electors of a city who vote thereon vote in favor of the adoption of this amendment when it is submitted to them for approval, the governing body may establish one or more trust funds as provided in this amendment. In the event this amendment is approved and a majority of the qualified electors of a city who vote thereon vote against the adoption of this amendment when it is submitted to them for approval, the authority to establish one or more trust funds as provided herein shall not be given unless the question of authority to establish trust funds is again submitted to a vote of the qualified electors of a city and voted in the affirmative by a majority of those voting at the election. Each such election shall be ordered, held, canvassed, and may be contested in the same manner as is provided by law applicable to the city for elections to authorize the issuance of municipal bonds. In the event the authority to establish trust funds is defeated, subsequent elections for the approval of the authority may be held again, but no election shall be held within one year of any previous election. Once authority to establish trust funds has been approved, no further election shall be required thereon.

Part VI. The authority and powers conferred by this amendment are intended to be in addition to, and not in derogation of, authority and powers otherwise provided by law.

Part VII. This amendment is intended to supersede any conflicting constitutional provisions or statutes. Notwithstanding the foregoing, the Legislature may enact laws supplemental to this amendment and in furtherance of the purposes and objectives thereof, provided that those laws are not inconsistent with the express provisions of this amendment.

Amendment 624

Promotion of Economic Development in Marengo County.

For the promotion of local economic and industrial development of Marengo County, Marengo County and each municipality having its corporate limits located wholly in the county, other provisions of law or this constitution notwithstanding, shall have, independently or in cooperation with one or more of such governmental entities, without an election, full and continuing power to do all 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 lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.

(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 or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 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) 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 be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.

(6) 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 such 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 all powers and authority conferred in this amendment upon the county or 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 shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or 225 of the Constitution of Alabama of 1901.

In carrying out the purposes of this amendment, neither the county nor any such municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, 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 such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.

Any actions authorized in this Amendment to be taken by the county or any such municipality which have been taken subsequent to January 1, 1998, are hereby ratified, approved, and confirmed.

Amendment 625

Phase-out of Supernumerary Programs in Bibb County; Participation in Employees' Retirement System.

No person elected or appointed Sheriff of Bibb County, or any elected or appointed Bibb County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and other elected or appointed Bibb County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Bibb County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, school board member, or any official elected from a judicial circuit. All costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, Code of Alabama 1975, shall be the responsibility of the official making the purchase.

Amendment 626

Phase-out of Supernumerary Programs in Autauga County; Participation in Employees' Retirement System.

(a) For the purposes of this amendment, the words "elected or appointed Autauga County official" shall mean any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed county official.

(b) An elected or appointed Autauga County official may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in that supernumerary program, may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Autauga County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Elected or appointed Autauga County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.

Amendment 627

Annexation in Baldwin County.

In Baldwin County, the Legislature may not enact a local law annexing to a municipality any territory that is separated from the annexing municipality by a body of water or separated from the annexing municipality by an interstate highway and not contiguous and connected to the municipality by a publicly owned and maintained underpass, overpass, or exchange allowing toll-free two-way access to and from the annexing municipality unless the annexation is subject to approval at a referendum election in the territory to be annexed.

Amendment 628

Costs and Charges of Courts in Bibb County.

In addition to any court costs and fees now or hereafter authorized in Bibb County, the Bibb County Commission may impose by resolution of the commission an additional fee in an amount not to exceed thirty-five dollars ($35) to be assessed and taxed as costs on each civil case and on each criminal case, including traffic cases, but excluding small claims cases, filed in the circuit court, district court, or any municipal court in Bibb County, as well as an additional fee not to exceed five dollars ($5) for the service of a pleading or other document in connection with any action or case. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Bibb County to be used by the Bibb County Commission for the planning, designing, construction, financing, furnishing, equipping, and operation of a new county jail. The Bibb County Commission may set and adjust by resolution the fees within the limits authorized by this amendment based on the needs associated with the county new jail.

Amendment 629

Phase-out of Supernumerary Programs in Calhoun County; Participation in Employees' Retirement System.

(a) For the purposes of this amendment, the words "elected or appointed county official" shall mean any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed county official.

(b) A mayor, sheriff, or elected or appointed Calhoun County official may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor, sheriff, or elected or appointed Calhoun County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Calhoun County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.

(c) Notwithstanding the provisions of subsection (b), the county commission may negotiate terms of any contract with a sheriff, mayor, or elected or appointed official who under this amendment will be eligible to participate in the Employees' Retirement System.

Amendment 630

Phase-out of Supernumerary Programs in Cherokee County; Participation in Employees' Retirement System.

No elected or appointed Cherokee County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Cherokee County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Cherokee County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Cherokee County official" include, subject only to express limitation, any person elected to represent Cherokee County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Cherokee County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendments

  • Amended by Amendment 777.

Amendment 631

Phase-out of Supernumerary Programs in Clarke County; Participation in Employees' Retirement System.

No elected Clarke County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established the particular supernumerary program. Any elected Clarke County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. An elected Clarke County official holding office at the effective date of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the elected county official has served in the current office; provided, however, the elected county official shall forego the assumption of a supernumerary office. For purposes of this amendment, the term "elected Clarke County official" shall mean any person elected to a full-time Clarke County office, and shall include any person appointed to serve the remaining term of an elected county official, but shall not include a judge, district attorney, legislator, constable, board of education member, any official elected from a judicial circuit, or any official who is allowed by law to participate in any other retirement system.

Amendments

  • Amended by Amendment 768.

Amendment 632

Phase-out of Supernumerary Programs in Cleburne County; Participation in Employees' Retirement System.

No elected or appointed Cleburne County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Cleburne County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Cleburne County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Cleburne County official" include, subject only to express limitation, any person elected to represent Cleburne County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Cleburne County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendments

  • Amended by Amendment 776.

Amendment 633

Phase-out of Supernumerary Programs in Coffee County; Participation in Employees' Retirement System.

(a) For the purposes of this amendment, the words "elected or appointed county official" shall mean any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed county official.

(b) An or elected or appointed Coffee County official may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Coffee County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Coffee County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.

Amendments

  • Amended by Amendment 811.

Amendment 634

Costs and Charges of Courts in Conecuh County.

In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105, there shall be an additional forty dollars ($40) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court, district court, or any municipal court in Conecuh County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Conecuh County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail and the planning, design, repair, renovation, financing, and operation of the existing county courthouse. When the costs of the new county jail and the renovated county courthouse have been fully paid or when the debt service on any indebtedness incurred by the county commission to finance or refinance the costs have been retired, whichever occurs later, the additional fees authorized by this amendment shall continue to be collected in all cases and shall be used to pay costs of the operation, upkeep, and maintenance of a new county jail and the renovated county courthouse. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 635

Phase-out of Supernumerary Programs in Conecuh County; Participation in Employees' Retirement System.

No person elected or appointed Sheriff of Conecuh County, or any elected or appointed Conecuh County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and other elected or appointed Conecuh County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Conecuh County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, school board member, or any official elected from a judicial circuit. All costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, Code of Alabama 1975, shall be the responsibility of the official making the purchase.

Amendment 636

Phase-out of Supernumerary Programs in Covington County; Participation in Employees' Retirement System.

No person elected or appointed Sheriff of Covington County, or any elected or appointed Covington County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and other elected or appointed Covington County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Covington County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, school board member, or any official elected from a judicial circuit. All costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, Code of Alabama 1975, shall be the responsibility of the official making the purchase.

Amendment 637

Commission Authorized to Levy Ad Valorem Tax for Fire Protection in DeKalb County.

(a) In addition to all other ad valorem taxes levied, the DeKalb County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1998, an ad valorem tax on all taxable property located in DeKalb County, excluding taxable property located within the city limits of Fort Payne, at a rate of three mills per dollar of assessed value of the taxable property. The proceeds of the tax levied pursuant to this amendment shall be paid into the county general fund and distributed for the benefit of fire protection only.

(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the DeKalb County Association of Fire Departments, Incorporated. The county association shall divide quarterly the funds into equal shares. One share shall be distributed among all eligible volunteer fire departments, collectively, one share shall be distributed to the Alabama Forestry Commission, and two shares shall be distributed to the DeKalb County Association of Fire Departments. Of the two shares distributed to the county association, one share may be used for administrative duties, the other share may be used for fire protection in those areas not covered by a fire department, excluding the City of Fort Payne. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in DeKalb County that is certified under the guidelines of the Alabama Forestry Commission, has at least an ISO class 9 rating, and is a member in good standing of the DeKalb County Association, Incorporated. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each eligible volunteer fire department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.

(d) The Alabama Forestry Commission's share of these funds collected shall be used in DeKalb County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.

(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.

Amendments

  • Amended by Amendment 728.

Amendment 638

Phase-out of Supernumerary Programs in Elmore County; Participation in Employees' Retirement System.

No elected or appointed Elmore County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Elmore County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Elmore County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 639

Phase-out of Supernumerary Programs in Franklin County; Participation in Employees' Retirement System.

No elected or appointed Franklin County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Franklin County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Franklin County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 640

Phase-out of Supernumerary Programs in Geneva County; Participation in Employees' Retirement System.

No elected or appointed Geneva County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Geneva County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Geneva County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 641

Phase-out of Supernumerary Programs in Lee County; Participation in Employees' Retirement System.

In Lee County, no person first taking public office after the effective date of this amendment may assume a supernumerary office. Persons holding a public office in the county may participate in the Employees' Retirement System of Alabama in a separately funded unit or separately funded units if the provisions governing the participation for those persons are the same as for other regular employees participating in the Employees' Retirement System of Alabama.

A person who, on the effective date of this amendment, is serving as a supernumerary official in Lee County, or has made an election to become a supernumerary official, or is making contributions to a supernumerary program, or is otherwise entitled to participate in the supernumerary program established by statute may continue to serve or participate in the supernumerary program, which shall include the assumption of a supernumerary office after the effective date of this amendment, according to the terms and conditions of the law which established the supernumerary program, notwithstanding the fact that the person may be re-elected after the effective date of this amendment to the public office he or she is holding on the effective date of this amendment or to another office covered by the supernumerary program in which he or she is participating. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service.

Amendment 642

Promotion of Economic and Industrial Development in Lee County.

For the promotion of local economic and industrial development, the Lee County Commission and the City Council of the City of Opelika, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the City of Opelika, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Lee County or the City of Opelika.

In carrying out the purposes of this amendment, neither Lee County nor the City of Opelika shall be subject to Sections 93 or 94 of this Constitution. Each public corporation heretofore created by Lee County or by the City of Opelika, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title 11 of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Neither Lee County nor the City of Opelika shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Lee County or the City of Opelika is approved at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 643

Planning and Zoning Regulations of Municipalities Located in Limestone County.

In Limestone County, no planning or zoning regulation of a municipality located wholly or partially within Limestone County shall extend beyond the corporate limits of the municipality.

Amendment 644

Costs and Charges of Courts in Limestone County.

The Limestone County Commission may, by resolution duly adopted and spread upon its minutes, fix, regulate, and alter the costs and charges of the courts in Limestone County to secure the funds necessary to finance the construction, renovation, and operation of a county jail.

Amendment 645

Phase-out of Supernumerary Programs in Limestone County; Participation in Employees' Retirement System.

No elected or appointed Limestone County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Limestone County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Limestone County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 646

Promotion of Economic and Industrial Development in Marengo County.

For the promotion of local economic and industrial development of Marengo County, Marengo County Commission and each municipality having its corporate limits located wholly in the county, other provisions of law or this constitution notwithstanding, shall have, independently or in cooperation with one or more of such governmental entities, without an election, full and continuing power to do all 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 lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.

(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 or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 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) 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 be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

(6) 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 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 shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or 225 of the Constitution of Alabama of 1901.

In carrying out the purposes of this amendment, neither the county nor any such municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, 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 such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.

Any actions authorized in this Amendment to be taken by the municipality which have been taken subsequent to January 1, 1998, are hereby ratified, approved, and confirmed.

Amendment 647

Employees Subject to Authority of Personnel Board of Marshall County.

Effective the first day of the sixth month after the date of the election on the ratification of this amendment, employees of the Office of the Sheriff of Marshall County, except for the chief deputy, are subject to the authority of the Personnel Board of Marshall County, or its successor.

Amendment 648

Phase-out of Supernumerary Programs in Mobile County; Participation in Employees' Retirement System.

No elected Mobile County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Any elected Mobile County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. An elected Mobile County official holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected Mobile County official" shall mean any person elected to a full-time Mobile County office, and shall include any person appointed to serve the remaining term of an elected county official, but shall not include a judge, district attorney, legislator, constable, school board member, any official elected from a judicial circuit, or any official who is allowed by law to participate in any other retirement system.

Amendments

  • Amended by Amendment 762.

Amendment 649

Commission Authorized to Levy Ad Valorem Tax for Fire Protection in Pickens County.

(a) In addition to all other ad valorem taxes levied, the Pickens County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1998, an ad valorem tax on all taxable property, located in Pickens County at a rate of three mills per dollar of assessed value of the taxable property. The proceeds of the tax levied pursuant to this amendment shall be paid into the county general fund and distributed for the benefit of fire protection only.

(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Pickens County Volunteer Firefighters' Association. The county association shall divide the funds equally among all eligible volunteer fire departments, collectively, and the Pickens County Volunteer Firefighters' Association at each bimonthly meeting of the county association. The county association may establish rules regarding the transfer, investing, accounting, and handling of the funds.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Pickens County that is certified under the guidelines of the Alabama Forestry Commission, shall have at least an ISO class 9 rating, and is a member in good standing of the Pickens County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department.

(d) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(e) The personnel of eligible volunteer fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of eligible volunteer fire departments.

Amendments

  • Amended by Amendment 765.

Amendment 650

Costs and Charges of Courts in Pickens County.

In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105, there shall be an additional twenty-five dollars ($25) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court, district court, or any municipal court in Pickens County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Pickens County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail. This amendment shall be self-executing and shall require no enabling legislation. On the first day of the month after the retirement of the debt to finance the construction of a new county jail, the court cost fee authorized pursuant to this amendment shall expire and this amendment shall be repealed.

Amendment 651

Phase-out of Supernumerary Programs in Randolph County; Participation in Employees' Retirement System.

No elected or appointed Randolph County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Randolph County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Randolph County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Randolph County official" include, subject only to express limitation, any person elected to represent Randolph County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Randolph County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 652

Commission Authorized to Levy Ad Valorem Tax for Fire Protection and Emergency Medical Services in St. Clair County.

(a) In addition to all other ad valorem taxes levied, the St. Clair County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1997, an ad valorem tax on all taxable property located in St. Clair County at a rate of two mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into an expendable fire protection trust fund in the county treasury and allocated therefrom for fire protection and emergency medical services.

(b) Within 30 days of payment into the fire protection trust fund of the proceeds from the additional tax levied pursuant to (a), each eligible fire department in the county shall make a requisition to the county commission for a share of the tax proceeds in the fund. The county commission shall divide the funds equally among the eligible fire departments of St. Clair County.

(c) Funds allocated to eligible fire departments shall only be expended for fire protection and emergency medical services including day to day operations, training, supplies, buildings, capital improvements, and equipment. All expenditures shall be documented with the county commission. An eligible fire department means a fire department located in St. Clair County which is certified under the guidelines of the Alabama Forestry Commission. Any tax proceeds allocated for fire protection and emergency medical services under this amendment may not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each fire department shall file a form with the county commission detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The St. Clair County Fire and Emergency Medical Service Association shall supply the accounting forms to each eligible volunteer fire department.

(d) The fire protection trust fund provided for in subsection (a) shall be audited by the State Department of Examiners of Public Accounts when the county is audited.

(e) Upon dissolution or abandonment of any eligible fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred back to the fire protection trust fund to be allocated to the remaining eligible fire departments.

(f) Personnel of eligible fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire and emergency medical services departments.

Amendment 653

Commission Authorized to Levy Ad Valorem Tax for Fire Protection in Sumter County.

(a) In addition to all other ad valorem taxes levied, the Sumter County Commission may levy on an annual basis, commencing with the tax year beginning October 1 after the effective date of this amendment, an ad valorem tax on all taxable property, located in Sumter County at a rate of three mills per dollar of assessed value of the taxable property. The proceeds of the tax levied pursuant to this amendment shall be paid into the county general fund and distributed for the benefit of fire protection only.

(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Sumter County Volunteer Firefighters' Association. The county association shall divide the funds equally among all eligible volunteer fire departments collectively, and the Alabama Forestry Commission at each bimonthly meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Sumter County that is certified under the guidelines of the Alabama Forestry Commission, shall have at least an ISO class 9 rating, and is a member in good standing of the Sumter County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.

(d) The Alabama Forestry Commission's share of the funds collected shall be used in Sumter County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.

(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(f) The personnel of eligible volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of eligible volunteer fire departments and the Alabama Forestry Commission.

Amendment 654

Phase-out of Supernumerary Programs in Talladega County; Participation in Employees' Retirement System.

(a) For the purposes of this amendment, the words "elected or appointed county official" shall mean any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed county official.

(b) A mayor, sheriff, or elected or appointed Talladega County official may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor, sheriff, or elected or appointed Talladega County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Talladega County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.

(c) Notwithstanding the provisions of subsection (b), the county commission may negotiate terms of any contract with a sheriff, mayor, or elected or appointed official who under this amendment will be eligible to participate in the Employees' Retirement System.

Amendment 655

Employees Subject to Authority of Walker County Civil Service Board.

Effective the first day of the sixth month after the ratification of this amendment, all employees of the Office of the Sheriff of Walker County are subject to the authority of the Walker County Civil Service Board, or its successor.

Amendment 656

Procedure for Removal of Board, Commission, Authority, or Utility Member in Walker County.

In Walker County, the appointing authority of any municipal or county board, commission, or authority may remove for cause any member of the board, commission, public authority, or utility appointed by the appointing authority after a hearing before the appointing authority by a two-thirds (2/3) vote.

Amendment 657

Phase-out of Supernumerary Programs in Washington County; Participation in Employees' Retirement System.

No elected or appointed official of Washington County may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Any elected or appointed Washington County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Any elected or appointed official of Washington County holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed official" shall include any person appointed to serve the remaining term of an elected or appointed official, including the sheriff, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 658

Phase-out of Supernumerary Programs in Winston County; Participation in Employees' Retirement System.

No elected or appointed official of Winston County may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Any elected or appointed Winston County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Any elected or appointed official of Winston County holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed official" shall include any person appointed to serve the remaining term of an elected or appointed official, including the sheriff, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 659

Election of City Boards of Education.

The Legislature by local law may provide in any municipality with a city board of education for the conducting of an authorizing referendum election regarding changing the city board of education to an elected city board of education. The Legislature by local law may authorize the governing body of any municipality with a city board of education, upon a recorded majority vote of the governing body, to call and conduct an authorizing referendum election regarding changing the city board of education of that municipality to an elected city board of education.

If a majority of the qualified electors voting in an authorizing referendum election called in either of the preceding manners vote in favor of an elected city board of education, the Legislature, from time to time, by local law may provide for the election of a city board of education in that municipality. Such local law or laws may include, but are not limited to, providing for termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; and compensation.

Any general law, municipal classification law, or local law providing for or authorizing an elected city board of education in any municipality enacted within the last 1,095 days prior to the ratification date of this amendment is validated and confirmed. Any local referendum conducted pursuant to such general law, municipal classification law, or local law, or any combination of such laws, in which a majority of the qualified electors of the municipality voting voted in favor of an elected city board of education, is also validated and confirmed and that local referendum is considered as an authorizing referendum election for purposes of this amendment.

Notwithstanding Acts 97-679 and 97-616 of the 1997 Regular Session, initial elections for the members of the Tuscaloosa City Board of Education shall occur at the regularly scheduled municipal elections in the year 2001. Public hearings shall be held by the legislative delegation and amendments may be prepared and enacted by the Legislature which are deemed necessary and appropriate by the local delegation for any local legislation, including Acts 97-679 and 97-616 of the 1997 Regular Session, which are validated and confirmed by this amendment.

The results of any authorizing referendum election called pursuant to this amendment shall be reported to the State Board of Education which shall maintain a continuing record of those results for public inspection.

It is the intent of the Legislature that this amendment supersede any other provision of this constitution which may be construed as being in conflict with this amendment.

Notwithstanding the foregoing, this proposed amendment shall not apply to any municipality with a population exceeding 125,000 according to the most recent federal census.

Amendment 660

Baldwin County Judicial Commission.

All vacancies in the office of judge of the circuit court and the office of judge of the district court holding in Baldwin County shall be filled in the manner and for the time as herein provided.

The Baldwin County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be one person who is a member of the Alabama State Bar nominated by the Baldwin County Bar Association, the presiding circuit judge holding in Baldwin County, one member selected by the Baldwin County Commission, one member selected by the Baldwin County Mayors' Association where at least two thirds of the members are in attendance at the meeting where the selection is made, and one member who is not a member of the Legislature selected by the Baldwin County Legislative Delegation selected by random selection as designed by the members of the Alabama House of Representatives and the Alabama Senate who represent Baldwin County.

All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Baldwin County.

Only the member selected by the Baldwin County Bar Association and the presiding circuit judge holding in Baldwin County may be a member of the Alabama State Bar. The member of the commission who is required to be a member of the Alabama State Bar shall be elected by the members of the 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 Baldwin County. The Executive Committee of the Baldwin County Bar Association, or its successor body in that capacity, shall make rules, not inconsistent with this amendment, for the election of the member of the commission required to be a member of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Baldwin County the name of the person elected as member of the commission by these members of the bar.

The presiding circuit judge holding in Baldwin County shall certify in writing to the Judge of Probate of Baldwin County the remaining names of the persons selected as members of the commission.

The terms of office of all members of the commission shall be six years. In event that an initial appointment or vacancy is not filled in 30 days, the vacancy shall be filled by the members of the Baldwin County Legislative Delegation residing in Baldwin County within 10 days. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.

The Judge of Probate of Baldwin County shall record all certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.

No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.

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

If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Baldwin County, the commission shall nominate within 30 days to the Governor three persons having the qualifications for the office. If the commission fails to nominate three names during the 30-day period, the names shall be selected by the members of the Baldwin County Legislative Delegation residing in the county within 10 days. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, 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 the office until the next general election for any state officer held at least six months after the vacancy occurs and until a successor is elected and qualified. At the general election, the judicial office shall be filled for a full term of office to commence on the first Monday after the second Tuesday in January following the general election.

Amendment 661

Costs and Charges of Courts in Autauga County.

In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105, there shall be an additional forty dollars ($40) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court, district court, or any municipal court in Autauga County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Autauga County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail and the planning, design, repair, renovation, financing, and operation of the existing county courthouse. When the costs of the new county jail and the renovated county courthouse have been fully paid or when the debt service on any indebtedness incurred by the county commission to finance or refinance the costs have been retired, whichever occurs later, the additional fees authorized by this amendment shall continue to be collected in all cases and shall be used to pay costs of the operation, upkeep, and maintenance of a new county jail and the renovated county courthouse. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 662

Amendment of Amendment No. 212

Amendment No. 212

The legislature shall have power to levy and provide for the collection of taxes for state purposes on taxable 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, the rate shall be six and one-half percent on taxable income of corporations for the calendar year 2001, or for any fiscal year beginning in the calendar year 2001, and each year thereafter. All federal income taxes paid or accrued within the taxable year by corporations shall always be deductible in computing 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. The increase in the corporate income tax rate to six and one-half percent provided by this amendment shall be self-executing and shall require no enabling legislation.

Amendment 663

Phase-out of Supernumerary Programs in Chambers County; Participation in Employees' Retirement System.

No elected or appointed Chambers County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Chambers County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Chambers County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Chambers County official" include, subject only to express limitation, any person elected to represent Chambers County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Chambers County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 664

Election of Board of Education of City of Anniston.

The Legislature, by local act, may provide for the manner of selection of the members of the Board of Education of the City of Anniston in Calhoun County and may provide further for the operation of the board.

Amendment 665

See also: Alabama Popular Election of City Boards of Education, Amendment 3 (1999)

Election of City Boards of Education - Population Exceeding 125,000

I. The members of the city board of education of any municipality in the state with a population exceeding 125,000 shall be elected by the qualified electors of the municipality in which the city board of education is located.

II. This amendment shall apply to a municipality with a population exceeding 125,000 if, at the time this amendment is submitted to a statewide vote, a majority of the qualified electors voting on the amendment in the respective municipality vote in favor of the amendment.

III. Upon the application of this amendment to a respective municipality, either at the time of the ratification of this amendment or at a later time, the Legislature shall, by local law, provide for the dissolution of any existing nonelected city board of education in an applicable municipality and for the date the elected city board of education shall be constituted. The existing city board of education shall continue to function until the date of dissolution. Additionally, the Legislature, by local law, may provide for the termination of the terms of office of members of an existing city board of education; the composition of the elected city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; and compensation.

IV. If a municipality comes within the application of this constitutional amendment after the date of ratification of this constitutional amendment, the provisions of this constitutional amendment shall only apply to that municipality if such provisions are approved by a majority vote of the qualified electors of the municipality voting at a special referendum called and conducted pursuant to local law, adopted from time to time by the Legislature.

Amendment 666

County and Municipal Government Capital Improvement Trust Fund; Alabama Captial Improvement Trust Fund.

Section I. The Legislature finds that the capital improvements and technology required by many governmental programs could be more efficiently funded through the establishment of a special trust fund dedicated to funding such improvements. Additionally, municipal and county governments require assistance in the funding of capital improvements. In order to meet these requirements, it is necessary and prudent to redistribute a portion of the Oil and Gas Capital Payments now being paid into the Alabama Trust Fund under Amendment No. 450 to the Constitution of Alabama of 1901. Accordingly, this amendment establishes the County and Municipal Government Capital Improvement Fund and the Alabama Capital Improvement Trust Fund to be administered in accordance with the provisions of this amendment. Finally, the Legislature finds that it is necessary and desirable to issue general obligations bonds for the purposes of (i) making substantial capital improvements to the state dock facilities at the Port of Mobile, (ii) promoting economic development and industrial recruitment in the state, (iii) providing local government match monies required to issue federal grant revenue bonds for road and bridge improvements and (iv) providing funds to municipal governments for infrastructure improvements.

Section II. As used in this amendment, the following words and phrases shall have the following respective meanings:

"Alabama Trust Fund" means the irrevocable, permanent trust fund created by Amendment No. 450 to the Constitution of Alabama of 1901.

"Alabama Capital Improvement Trust Fund" means one of the special trust funds created by this amendment.

"Capital Improvements" means capital outlay projects that include the planning, designing, inspection, purchasing, construction, reconstruction, improvement, repair or renovation of permanent buildings, docks, structures and sites therefor for the executive, legislative or judicial branches of state government. The term "Capital Improvement" shall also mean the construction or improvement of roads and bridges in the highway system; payment of debt service on the bonded indebtedness issued by the State of Alabama or any public corporation or authority of the State of Alabama; funding economic development and industrial recruitment activities; and the procurement of technical equipment, including computer and telecommunications equipment, required for the operation of any governmental entity.

"County and Municipal Capital Improvement Trust Fund" means one of the special trust funds created by this amendment.

"Docks Improvements" means the acquisition, development, construction, improvement, expansion and modernization of the state docks facilities (including, without limitation, cargo handling facilities) at the Port of Mobile.

"Docks Improvement Costs" means all costs and expenses incurred in connection with the Capital Improvements, including, without limitation, the following:

(a) The costs of acquiring, constructing, installing and equipping Docks Improvements, including all obligations incurred for labor and to contractors, subcontractors, builders and materialmen.

(b) The costs of acquiring land or rights in land and any costs incidental thereto, including recording fees.

(c) The costs of contract bonds and of insurance of all kinds that may be required or necessary during the acquisition, construction or installation of Docks Improvements.

(d) The costs of architectural and engineering services, including test borings, surveys, environmental mitigation, supervision of construction and the like with respect to Docks Improvements.

(e) The costs of acquiring and installing fixtures and equipment, excavation, removal and demolition of structures, and provisions for drainage, stormwater retention, installation of utilities, and similar facilities, and paving.

(f) Interest accruing with respect to General Obligation Bonds for a period of up to two years after the issuance of such General Obligation Bonds.

(g) All costs, expenses and fees incurred in connection with the issuance of General Obligation Bonds, including, without limitation, all legal, accounting, financial, printing, recording, filing and other fees and expenses.

(h) The costs for obtaining bond insurance, letters of credit, or other forms of credit enhancement or liquidity facilities.

(i) All other costs of a nature comparable to or required in connection with those described.

(j) Reimbursement to any person of any of the foregoing costs incurred by such person either for its own account, or for the account of the State of Alabama and without regard to when incurred.

"Economic Development Costs" means the costs and expenses incurred or to be incurred by the state in connection with economic development projects and the recruitment of industrial prospects to the state including, without limitation, site preparation and infrastructure improvements, the costs of training and educating workers in the state and acquiring and constructing training facilities in the state, together with the costs, expenses and fees incurred in connection with the issuance of General Obligation Bonds for such purposes and the costs for obtaining bond insurance and other forms of credit enhancement on General Obligation Bonds issued for such purposes, and the reimbursement to any person of any of the foregoing costs incurred by such person either for its own account or for the account of the State of Alabama, its agencies or authorities.

"Fiscal Year" means the period beginning October 1 and ending September 30 of the following calendar year.

"General Fund" means the general fund in the State Treasury of the State of Alabama.

"General Obligation Bonds" means bonds, including refunding bonds, to be issued by the State of Alabama for the purpose of financing Docks Improvements Costs, Economic Development Costs, Local Government Match Funds and Municipal Infrastructure Costs, as provided in this amendment.

"Local Government Match Funds" means the monies required to be provided by the State of Alabama as a condition to the issuance of federal grant revenue bonds for road and bridge improvements, together with the costs, expenses and fees incurred in connection with the issuance of General Obligation Bonds for such purposes and the costs of obtaining bond insurance and other forms of credit enhancement on General Obligation Bonds for such purposes.

"Municipal Infrastructure Costs" means the cost of acquiring and constructing municipal infrastructure improvements through the Alabama Department of Transportation, together with the costs, expenses and fees incurred in connection with the issuance of General Obligation Bonds for such purposes and the costs of obtaining bond insurance and other forms of credit enhancement on General Obligation Bonds for such purposes.

"Oil and Gas Capital Payment" means any payment (including any royalty payment) received by the state or any agency or instrumentality thereof as all or part of the consideration for the sale, leasing or other disposition by the state or any agency or instrumentality thereof of any right to explore and drill for or to produce oil, gas or other hydrocarbon minerals in any area on the water side of the high water mark of Mobile Bay or in any other offshore area and shall include any revenue by the state from federal oil and gas leases off the coast of Alabama. Any royalty or other payment, with the exception of any taxes heretofore or hereafter levied, that is based upon or determined with respect to, the production of oil, gas or other hydrocarbon minerals and that is paid to the state or any agency or instrumentality thereof regardless of the time of such payment shall be considered an oil and gas capital payment.

"Realized Capital Gains" means gains from the sale or exchange of assets of the Alabama Trust Fund, other than fixed income assets, to the extent they exceed losses from the sale of such assets. The amount of gain or loss on the sale of an asset shall be determined by subtracting from the proceeds of selling the asset its fair market value as of the end of the immediately preceding fiscal year, or, in the case of the fiscal year in which this amendment is ratified, its fair market value as of the first business day following ratification of this amendment.

"Trust Income" means the Trust Income as defined in Amendment Numbers 450 and 488 to the Constitution of Alabama of 1901.

"Unrealized Capital Gains" means the excess of the fair market value of the Alabama Trust Fund on the last day of the fiscal year over the fair market value of the Trust Fund on the last day of the immediately preceding fiscal year. The fair market value of the Trust Fund on the last day of a fiscal year shall be determined without including the Trust Income for the fiscal year; realized capital gains for the fiscal year; or the fair market value of fixed income assets. For the fiscal year beginning October 1, 2001, the fair market value of the assets on September 30, 2002, shall be determined without regard to the fair market value on the date of transfer of the assets transferred from the Alabama Heritage Trust Fund.

Section III. Distributions of Trust Income and capital gains earned by the Alabama Trust Fund shall be made annually in accordance with the following:

(a) In any fiscal year in which the Trust Income exceeds $60,000,000, ten percent (10%) of the Trust Income shall be distributed to the Municipal Government Capital Improvement Fund created in Section 11-66-4, Code of Alabama 1975, and ten percent (10%) of the Trust Income shall be distributed to the County Government Capital Improvement Fund created in Section 11-29-4, Code of Alabama 1975. The Director of Finance shall certify such amounts to the State Comptroller, who shall make the required distributions not later than April 15 of the following fiscal year. The distributions provided for in this section shall be in lieu of and not in addition to the distributions required by Sections 11-29-5 and 11-66-5, Code of Alabama 1975. The remainder of the Trust Income shall be paid into the General Fund, except as provided by Amendment 543 to the Constitution of Alabama of 1901. Provided, however, the fiscal year following the first fiscal year that the Forever Wild Land Trust receives fifteen million dollars ($15,000,000) from the trust income of the Alabama Trust Fund, one-fourth (1/4) of one percent of the trust income earned from the Alabama Trust Fund shall be allocated to the Alabama Senior Services Trust Fund. This allocation shall increase each fiscal year by one-fourth (1/4) of one percent of the trust income earned from the Alabama Trust Fund; provided, however, that in no event shall such trust income paid to the Alabama Senior Services Trust Fund exceed five million dollars ($5,000,000) in any one fiscal year.

(b) Notwithstanding any other provision of this constitution, within 30 days following the end of each fiscal year, the Board of Trustees of the Alabama Trust Fund may transfer up to seventy-five percent (75%) of the realized capital gains for such fiscal year. The amount distributed shall be divided as follows: ten percent (10%) to the County Government Capital Improvement Fund created in Section 11-29-4, Code of Alabama 1975, and ten percent (10%) to the Municipal Government Capital Improvement Fund created in Section 11-66-4, Code of Alabama 1975, and the remainder of such realized capital gains shall be paid into the General Fund, except that a portion of such realized capital gains shall be distributed in the same manner as and deemed to be a part of trust income for purposes of the distributions required under Sections 7 and 13 of Amendment 543 to the Constitution of Alabama of 1901.

(c) Notwithstanding any other provision of this constitution, within 30 days following the end of each fiscal year, the Board of Trustees of the Alabama Trust Fund may transfer up to seventy-five percent (75%) of the unrealized capital gains for such fiscal year. The amount distributed shall be divided as follows: ten percent (10%) to the County Government Capital Improvement Fund created in Section 11-29-4, Code of Alabama 1975, and ten percent (10%) to the Municipal Government Capital Improvement Fund created in Section 11-66-4, Code of Alabama 1975, and the remainder of such unrealized capital gains shall be paid into the General Fund except that a portion of such unrealized capital gains shall be distributed in the same manner as and deemed to be a part of trust income for purposes of the distributions required under Sections 7 and 13 of Amendment 543 to the Constitution of Alabama of 1901.

Section IV. Beginning on October 1 immediately following the ratification of this amendment, 35% of all Oil and Gas Capital Payments paid into the Alabama Trust Fund in any fiscal year shall be transferred by the State Treasurer to the special trust funds created by this amendment in the following manner: (a) an amount equal to seven percent (7%) of all Oil and Gas Capital Payments received by the Alabama Trust Fund during the preceding fiscal year shall be paid into the County and Municipal Government Capital Improvement Trust Fund; and (b) an amount equal to twenty-eight percent (28%) of all Oil and Gas Capital Payments received by the Alabama Trust Fund during the preceding fiscal year shall be paid into the Alabama Capital Improvement Trust Fund.

Section V. (a) Funds in the Alabama Capital Improvement Trust Fund shall be invested by the Board of Trustees in such kinds of investments as are authorized for the investment of the Alabama Trust Fund. All income of such funds (determined in the same manner as Trust Income of the Alabama Trust Fund) shall be deposited into the General Fund.

(b) Funds in the County and Municipal Government Capital Improvement Trust Fund shall be invested by the Board of Trustees in such kinds of investments as are authorized for the investment of the Alabama Trust Fund. All income of such fund (determined in the same manner as Trust Income of the Alabama Trust Fund) shall be deposited into the County and Municipal Government Capital Improvement Trust Fund subject to distribution pursuant to Section VI.

(c) The Board of Trustees shall determine from time to time the asset allocation of investments in the Alabama Trust Fund and shall determine the annual amount of Realized and Unrealized Capital Gains to be transferred to the General Fund. The Secretary-Treasurer of The Retirement Systems of Alabama shall be the initial manager of 50 percent of the assets, and financial institutions and other corporate entities with general trust powers shall be the initial manager or managers of 50 percent of the assets in the Alabama Trust Fund, subject to guidelines provided by the Board of Trustees. The Board of Trustees shall have the power to appoint another person or persons to manage all or any portion of the assets in the Alabama Trust Fund upon a two-thirds vote of the Board of Trustees.

Section VI. On April 1 of each year, the State Comptroller shall distribute one-half of all Trust Income earned during the preceding fiscal year from the investment of funds contained in the County and Municipal Government Capital Improvement Trust Fund to the Municipal Government Capital Improvement Fund created by Section 11-66-4, Code of Alabama 1975, and one-half of said Trust Income to the County Government Capital Improvement Fund created by Section 11-29-4, Code of Alabama 1975. Distributions of Trust Income to the Municipal Government Capital Improvement Fund shall be administered in accordance with Section 11-66-6, Code of Alabama 1975. Distributions of Trust Income to the County Government Capital Improvement fund shall be administered in accordance with Section 11-29-6, Code of Alabama 1975.

Section VII. Funds in the Alabama Capital Improvement Trust Fund may be appropriated for Capital Improvements only upon the certification of the Governor, based upon the recommendation of the Director of Finance, that funds are needed for particular Capital Improvements. The Governor's certification for such Capital Improvements shall be contained in his or her budgets for the operation of state government submitted annually to the Legislature. Legislative appropriations from this Fund that are in excess of those contained in the Governor's certification must be accompanied by legislative findings of fact explaining the appropriations that differ from or are in excess of those certified by the Governor. The foregoing notwithstanding, the Legislature may appropriate funds from this trust fund for Capital Improvements upon a recorded majority vote of each house.

Section VIII. The State of Alabama is authorized to become indebted and to sell and issue its interest-bearing General Obligation Bonds, in addition to all other bonds of the state, in an aggregate principal amount not exceeding $350 million. The General Obligation Bonds issued pursuant to this amendment shall be general obligations of the State, and the full faith and credit of the State are hereby irrevocably pledged for the prompt and faithful payment of the principal, interest and redemption premium (if any) on the General Obligation Bonds.

Section IX. The Governor, the Director of Finance, the Commissioner of Revenue, the Chairman of the Senate Finance and Taxation General Fund Committee and the Chairman of the House Ways and Means General Fund Committee are hereby constituted a Bond Commission with full authority, except as herein specified or limited, to determine the terms and conditions of the General Obligation Bonds and to provide for the sale and issuance thereof. No member of the Bond Commission shall receive compensation in any form for any services performed by him or her in and about his or her duties as a member or officer of the Bond Commission. The Bond Commission shall meet at the call of the Governor, who is hereby designated its chairman. Three members of the Bond Commission (at least one of which shall be the Chairman of the Senate Finance and Taxation-General Fund Committee or the Chairman of the Ways and Means-General Fund Committee) shall constitute a quorum for the transaction of business, and all proceedings of the Bond Commission shall be reduced to writing, recorded in a substantial record book and filed with the Director of Finance, who is hereby designated as the Secretary of the Bond Commission and who shall keep the records of the proceedings of the Bond Commission.

Section X. The proceeds of the General Obligation Bonds shall be paid into the State Treasury, shall be kept continually invested pending the expenditure thereof, and shall, together with the income derived from the investment and reinvestment thereof (including income derived from the investment and reinvestment of previously derived income), be retained in one or more separate accounts of the State Treasury until expended for the purposes authorized in this amendment and in the manner provided by law. The proceeds of such General Obligation Bonds, together with the investment income derived from said proceeds, shall be used solely for the purpose of paying Docks Improvement Costs, Economic Development Costs, Local Government Match Funds and/or Municipal Infrastructure Costs. Not more than $50 million of the proceeds of such General Obligation Bonds shall be spent for local government match funds and not more than $15 million of such proceeds shall be spent for municipal infrastructure costs.

Section XI. There is hereby appropriated for the payment of the General Obligation Bonds such monies out of the Alabama Capital Improvement Fund as are necessary to pay principal of, interest on and redemption premium (if any) on the General Obligation Bonds. Monies in the Alabama Capital Improvement Trust Fund are also hereby appropriated for the payment of principal of, interest on and redemption premium (if any) on bonds authorized to be issued pursuant to Amendments Nos. 618, 619 and 620 of the Constitution of Alabama of 1901.

Amendment approval

Amendment 667

See also: Section 102, Article IV, Alabama Constitution

Section 102 Annulled.

Article IV, Section 102 of the Constitution of Alabama of 1901, is hereby annulled and set aside.

Amendment approval

Amendment 668

Distribution of Alabama Trust Fund Income.

(a) For the purposes of this amendment, the following terms shall have the following meanings:

1. FISCAL YEAR. The fiscal year of the state as may from time to time be provided by law.

2. COUNTY GOVERNMENT CAPITAL IMPROVEMENT FUND. The fund created in Section 11-29-4, Code of Alabama 1975.

3. MUNICIPAL GOVERNMENT CAPITAL IMPROVEMENT FUND. The fund created in Section 11-66-4, Code of Alabama 1975.

4. THE ALABAMA TRUST FUND OR TRUST FUND. The fund created by Amendment 450 of the Constitution of Alabama of 1901.

5. TRUST INCOME. The net income received by the state, subsequent to the transfer of the initial trust capital by the State Treasurer to the board of trustees of the trust fund, from the investment and reinvestment of all assets of the trust fund, determined in accordance with the provisions of Amendment 450 of the Constitution of Alabama of 1901. Trust income does not include income which become part of the trust capital of the trust fund, but for the purpose of this amendment shall include the amounts allocated to the Forever Wild Land Trust Fund as provided in Section 7(d) of Amendment 543 of the Constitution of Alabama of 1901.

(b) Beginning October 1 of the fiscal year immediately following ratification of this amendment, in addition to all other appropriations heretofore or hereafter made, there is hereby annually appropriated from the State General Fund to the county government capital improvement fund and to the municipal government capital improvement fund each an amount equal to at least 10 percent of the trust income from the Alabama Trust Fund at the time as the trust income received by the state in the preceding fiscal year equals or exceeds sixty million dollars ($60,000,000) as calculated pursuant to Amendment 450 and Section 7(d) of Amendment 543 of the Constitution of Alabama of 1901. No funds shall be appropriated in any fiscal year for which in the previous fiscal year trust income received by the state was less than sixty million dollars ($60,000,000).

(c) The county government capital improvement fund appropriation shall be distributed to the several counties of the state and shall be paid on April 15 of the fiscal year for which each annual appropriation is made as follows:

Part of the funds to be paid to counties that is equal to 45.45 percent of the total of that portion shall be allocated equally among the 67 counties of the state; and the entire residue of the portion to be paid to counties, being an amount equal to 54.55 percent of that portion, shall be allocated among the 67 counties of the state on the basis of the ratio of the population of each county to the total population of the state according to the then next preceding federal decennial census.

(d) The municipal government capital improvement fund appropriation shall be distributed to the incorporated municipalities of the state and shall be paid on April 15 of the fiscal year for which each annual appropriation is made as follows:

(1) Each incorporated municipality in the state with a population of less than 1,000 shall receive one thousand dollars ($1,000); each incorporated municipality in the state with a population of 1,000 or more shall receive two thousand five hundred dollars ($2,500).

(2) The residue of the portion to be paid to the incorporated municipalities in the state shall be distributed among the incorporated municipalities in the state on the basis of the ratio of the population of each municipality incorporated to the total population of all the incorporated municipalities in the state according to the then next preceding federal decennial census.

(e) The county government capital improvement fund and the municipal county government capital improvement fund shall continue in existence until and unless extinguished by an amendment to the Constitution of Alabama of 1901.

(f) The State Comptroller shall make all allocations of funds and shall make the distribution and payments thereof pursuant to the allocations provided for in this amendment. All funds allocated to the county government capital improvement fund and to the municipal government capital improvement fund shall only be expended for any purposes as are now or hereafter authorized by general act of the Legislature.

Amendment approval

Amendment 669

Levy and Collection of District School Tax.

The provision contained in Section 2 of Amendment No. 3 to this constitution relating to district school taxes and providing that no district school tax shall be voted upon or collected except in those counties that are levying and collecting not less than a three-mill special county school tax is hereby repealed. Notwithstanding any other provision of this constitution or any law to the contrary, the levy of a countywide tax shall not be required as a condition precedent for the levy and collection of any district school tax in any school district in the state.

Amendment approval

Amendment 670

Amendment to Amendment No. 161. Board of Trustees of Auburn University.

Section 1. Auburn University shall be under the management and control of a board of trustees. The board of trustees shall consist of one member from each of the congressional districts in the state as the same were constituted on the first day of January, 1961, one member from Lee County, two at-large members both of whom shall be a resident of the continental United States, the state superintendent of education serving on the date this amendatory language is ratified, who shall serve until leaving the office of superintendent, one additional at-large member who shall be a resident of the continental United States, and who shall succeed the current State Superintendent of Education on the board of trustees immediately upon the superintendent leaving office, and the governor, who shall be ex officio president of the board.

Appointment of the initial two at-large members shall be made by the Governor by and with the advice and consent of the Senate. Otherwise, the trustees from each congressional district, from Lee County, and all subsequent at-large trustees, including the at-large position created upon the vacating of office of the current State Superintendent of Education, shall be appointed by the appointing committee created herein, by and with the advice and consent of the senate. The appointment of members to fill a vacated position with a partially expired term of office shall also be made by the appointing committee as provided herein.

A board of trustees appointing committee is established composed of the following members:

The President Pro Tem of the Board of Trustees of Auburn University or the designee of the President Pro Tem. The designee shall be a member of the Board of Trustees of Auburn University.

A member of the Board of Trustees of Auburn University selected by the board of trustees.

Two members of the Auburn Alumni Association Board of Directors, who are not current employees of Auburn University, selected by the Auburn Alumni Association Board of Directors.

The Governor or a designee of the Governor who is an alumnus of Auburn University but who is not a current member of the Auburn Board of Trustees nor a current member of the Auburn Alumni Association Board of Directors nor a current employee of Auburn University.

The Governor, or the designee of the Governor, shall serve as chairperson of the appointing committee. If the chairperson fails to call a meeting within 90 days prior to the expiration of the term of a sitting board member or within 30 days following the creation of a vacancy by death, resignation, or other cause, a majority of the committee, in writing, may call a meeting giving at least 10 days notice. In the absence of the chairperson or another member designated by the chairperson to preside, the majority of the committee shall choose its own chairperson.

When appropriate, the appointing committee shall meet to address the appointment of any of the following:

A person to fill the at-large position on the Board of Trustees of Auburn University created upon the vacating of office by the current State Superintendent of Education.

Persons to fill an expired or soon-to-be expired term of office of any member of the Board of Trustees of Auburn University, including the two at-large positions initially appointed by the Governor.

Persons to fill the remainder of a partially expired term of office of any position on the Board of Trustees of Auburn University which has been vacated by reason of death, resignation, or other cause, including the two at-large positions initially appointed by the Governor.

The appointing committee, by majority vote, shall appoint an individual to fill the respective position on the board of trustees. The committee shall ensure that appointments are solicited from all constituencies, are inclusive, and reflect the racial, gender, and economic diversity of the state. A person may not be appointed to the Board of Trustees of Auburn University while serving on the appointing committee.

A trustee shall hold office for a term of seven years, and may serve no more than two full seven-year terms of office. Appointment and service for a portion of an unexpired term shall not be considered in applying the two-term limit.

Each member of the board of trustees as constituted on the date this amendatory language is ratified may serve the remainder of his or her current term and shall be eligible, if otherwise qualified, to serve for no more than two additional seven-year terms.

No person shall be appointed as a member of the board of trustees after having reached 70 years of age.

Of the two persons initially appointed by the Governor to serve in the at-large positions, one shall be appointed to serve an initial term of four years and one shall be appointed to serve an initial term of seven years. Thereafter, successors to these positions, who shall be appointed by the appointing committee, shall serve terms of office of the same duration as other members. These initial terms shall be considered as full terms in applying the two-term limit.

One more than half of the members of the board shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

A term shall begin only upon confirmation by the Senate. A member may continue to serve until a successor is confirmed, but in no case for more than one year after completion of a term.

No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of duties as such.

No employee of Auburn University shall be eligible to serve as a member of the board of trustees.

The appointing committee, or the Governor, in regard to the two initial at-large appointments, shall submit the name of the persons selected for appointment to the Secretary of the Senate, who shall inform the Senate of the receipt of such submission. If the Senate is in regular session at that time, the submission shall be made by the conclusion of the next legislative day following the appointment. If the Senate is not in regular session at the time of appointment, the submission shall be made before the commencement of the next regular session.

If the entire Senate, by a majority vote, confirms the submission, the appointee shall immediately assume office. An appointee may not begin service prior to Senate confirmation.

If the submission is not confirmed by the entire Senate by a majority vote by the conclusion of the legislative session, the submission shall be considered rejected.

A submission to the Senate may be withdrawn at any time by the Governor in regard to the two initial at-large appointments made by the Governor. A submission to the Senate may be withdrawn at any time by the appointing committee in regard to appointments made by the committee.

Upon the rejection of a submission or the withdrawal of a submission, the appointment and confirmation process specified in this amendment shall commence anew.

The same name may be submitted to the Senate for the same position on the board more than one time.

Upon the expiration of a term of office, a member of the board of trustees shall continue to serve until a successor is appointed pursuant to this amendment, is confirmed by the entire Senate by majority vote, and assumes office. If a successor is not confirmed by the conclusion of the regular session in which one or more names for the position were initially submitted, the former holder of the position may continue to serve until a successor is appointed and confirmed, but in no case shall this continuation be longer than one year after completion of the term of office.

If any position on the board of trustees becomes vacant during a term of office by reason of death, resignation, or other cause, a person shall be appointed by the appointing committee to fill the remainder of the unexpired term of office pursuant to the procedure provided for other appointments made by the appointing committee. The position shall be considered vacant until a person is confirmed by a majority vote of the entire Senate.

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

Amendment approval

Amendment 671

Phase-out of Supernumerary Programs in Clay County; Participation in Employees' Retirement System.

No elected or appointed Clay County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Clay County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system, and shall be treated as an employee of the county. Clay County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Clay County official" shall include, subject only to express limitation, any person elected to represent Clay County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Clay County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Act No. 99-320 of the 1999 Regular Session is hereby repealed.

Amendment approval

Amendment 672

Costs and Charges of Courts in Greene County.

The Legislature, by general or local law, may fix, alter, and regulate the costs and charges of courts in Greene County and provide for their distribution.

Amendment approval

Amendment 673

Phase-out of Supernumerary Programs in Lowndes County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Lowndes County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Lowndes County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Lowndes County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment approval

Amendment 674

Bingo Games in Lowndes County.

(a) The operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in The Town of White Hall that is located in Lowndes County, subject to any resolution or ordinance by the town council. The town council shall have the authority to promulgate rules and regulations for the licensing and operation of bingo games, within its respective jurisdictions provided, however, the town council shall insure compliance pursuant to any ordinance and the following provisions:

(1) No person under the age of 18 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least two years immediately prior to the issuance of the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.

(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(5) A nonprofit organization shall not lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by regulations.

(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.

(b) The town council may provide for the implementation of this amendment by the adoption of any resolution or ordinance as provided heretofore.

(8) Any person who violates the regulations provided under the provisions of this amendment shall be guilty of a Class C misdemeanor upon the first conviction under this amendment and any subsequent violation shall be a Class A misdemeanor.

Amendment approval

Amendment 675

Phase-out of Supernumerary Programs in Sumter County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Sumter County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Sumter County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Sumter County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment approval

Amendment 676

Phase-out of Supernumerary Programs in Bullock County; Participation in Employees' Retirement System.

An elected or appointed Bullock County official not currently serving as such an official who is elected or appointed after the effective date of this amendment may not assume a supernumerary office. Any person who, on the ratification of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Bullock County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Bullock County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served as a county official. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 677

Water Works and Sewer Board of the City of Anniston.

The Water Works and Sewer Board of the City of Anniston, Alabama, shall be governed by a board of directors consisting of seven members to be appointed as follows: Four members shall be appointed by the governing body to the City of Anniston and three members shall be appointed by the Calhoun County Legislative Delegation. Those persons serving on such board of directors on the effective date of this amendment shall continue to hold office until the expiration of their current terms. Act 95-497, 1995 Regular Session, is hereby ratified, approved, validated, and confirmed as of the date of its enactment any provision or provisions of this constitution of the contrary notwithstanding, and all actions heretofore taken by the City of Anniston, the Calhoun County Legislative Delegation and the Water Works and Sewer Board of the City of Anniston, Alabama, pursuant to the provisions of Act 95-497, are hereby ratified, approved, validated, and confirmed. This amendment shall be self executing, and no amendment to the Certificate of Incorporation of said Water Works and Sewer Board shall be necessary to implement the provisions of this amendment.

Amendment 678

Promotion of Industry, Trade, and Economic Development in Chambers County.

The Legislature, by general, local, or special law, may provide for the creation, incorporation, organization, operation, administration, authority, and financing of a public corporation empowered or intended to assist or aid in any way Chambers County or any municipality therein in promoting industry, trade, and economic development of Chambers County and each municipality situated in the county, and the Legislature may grant the corporation all powers, rights, privileges, exemptions, and authority as the Legislature considers necessary or desirable for the furtherance and accomplishment of the purposes of the public corporation.

Amendment 679

Promotion of Economic and Industrial Development in Chilton County.

For the promotion of local economic and industrial development of Chilton County, the Chilton County Commission and the city council of each municipality located in the county, shall have, independently or in cooperation with one or more of such governmental entities, full and continuing power to do any of the following:

(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, 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 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 50 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) 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 be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.

(7) 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 such 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 all powers and authority conferred in this amendment upon the county or 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 shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901.

In carrying out the purposes of this amendment, neither the county nor any such municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature may 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 such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.

Nothing contained herein shall be deemed to confer upon the Chilton County Commission or the City Council of any municipality located in the county, or any public authority created pursuant to this amendment, the authority to purchase, construct, lease, control or otherwise acquire or operate telecommunications facilities, cable facilities or electric generating, transmission or distribution facilities, lines or equipment.

Amendment 680

Special Property Tax in Chilton County; Repeal of Amendment No. 402.

The Chilton County Commission may levy and collect a special property tax, in addition to all other taxes heretofore provided by law, not exceeding four mills on each dollar's worth of taxable property outside the corporate limits of any incorporated municipality in the county, as assessed for state taxation during the preceding year; except that the special property tax shall not exceed two and one-half mills on property used for the generation of electric energy, including hydroelectric projects licensed by the Federal Energy Regulatory Commission, or any predecessor or successor agency. The proceeds of the special property tax shall be used exclusively for fire, medical, and emergency services in areas outside the incorporated municipalities of Chilton County.

The tax assessor of Chilton County shall assess the tax herein provided, and the tax collector of Chilton County shall collect the tax, in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be distributed to the Chilton County Commission to be distributed by the commission, in equal shares, to all of the rural fire departments in the county that have and maintain an Insurance Services Office (ISO) Public Protection Classification of 9 or lower and that protect areas outside the incorporated municipalities of Chilton County. Each department receiving proceeds from the tax shall maintain a separate account for the tax proceeds and shall furnish, at its own expense, an audit of the account to the Chilton County Commission yearly.

The tax shall be collected, starting the first month after approval by the qualified electors of Chilton County, and shall be levied in perpetuity. Qualified electors include only those who reside outside the incorporated municipalities of Chilton County. The passage of this amendment shall render null and void Amendment No. 402 of the Constitution of Alabama of 1901, beginning on the first day of the first month after this amendment is approved by the qualified electors and proclaimed ratified.

Amendment 681

Phase-out of Supernumerary Programs in Clay County; Participation in Employees' Retirement System.

No elected or appointed Clay County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Clay County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Clay County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Clay County official" include, subject only to express limitation, any person elected to represent Clay County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Clay County official. The words do not include a judge, legislator, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 682

Promotion of Industry, Trade, and Economic Development in Clay County.

The Legislature, by general, local, or special law, may provide for the creation, incorporation, organization, operation, administration, authority, and financing of a public corporation empowered or intended to assist or aid in any way Clay County or any municipality therein in promoting industry, trade, and economic development of Clay County and each municipality situated in the county, and the Legislature may grant the corporation all powers, rights, privileges, exemptions, and authority as the Legislature considers necessary or desirable for the furtherance and accomplishment of the purposes of the public corporation.

Amendment 683

Phase-out of Supernumerary Programs in Dale County; Participation in Employees' Retirement System.

No person elected or appointed Sheriff of Dale County, or any other elected or appointed Dale County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program for Dale County may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and other elected or appointed Dale County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Dale County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 684

Real Estate License Taxes in Etowah County.

(a) In order to allow for the orderly and efficient collection of municipal business license taxes in Etowah County with respect to corporations, firms, brokers, agents, and others in the business of buying, selling, leasing, or representing others in the purchase, sale, or lease of real property in Etowah County, the Legislature may, by local law, provide for the imposition and collection of taxes as follows:

(1) Any city or municipality within Etowah County may fix and collect license taxes pursuant to Sections 11-51-90 and 11-51-91, Code of Alabama 1975, for any business, trade, or profession relating to the buying, selling, or renting of real estate on commission in Etowah County if the licensee maintains its principal place of business in the corporate limits or police jurisdiction of that city or municipality.

(2) Effective January 1 following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under subdivision (1) above, every corporation, firm, broker, agent, or other person or entity engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County shall pay an annual business license tax at a rate to be set by the Legislature for the privilege of engaging in that business in every other city or municipality in Etowah County. The tax shall be collected by the License Commissioner of Etowah County and shall be distributed by the License Commissioner of Etowah County to each city or municipality within Etowah County on a pro rata basis based on population. The License Commissioner of Etowah County shall be entitled to an administrative fee for administering this tax at a rate to be set by the Legislature. The fee shall to be subtracted from the license tax.

(3) Effective January 1 following the ratification of this amendment and each year thereafter, except for the license taxes permitted or mandated under subdivisions (1) and (2) above, no other privilege license tax or any other fee or tax shall be imposed under Sections 11-51-90 and 11-51-91, Code of Alabama 1975, or any other law by any city or municipality within Etowah County on corporations, firms, brokers, agents, or other persons or entities engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County.

(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Etowah County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 685

Phase-out of Supernumerary Programs in Greene County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Greene County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Greene County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Greene County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 686

Costs and Charges of Courts in Hale County.

In addition to any court costs and fees now or hereafter authorized in Hale County, the Hale County Commission may impose by resolution of the commission an additional fee in an amount not to exceed fifty dollars ($50) to be assessed and taxed as costs on each civil case and on each criminal case, including domestic relations and traffic cases, but excluding small claims cases, filed in the circuit court, district court, or any municipal court in Hale County. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Hale County to be used by the commission for the planning, designing, construction, financing, furnishing, equipping, and operation of a new county jail and for general county purposes.

Amendment 687

Phase-out of Supernumerary Programs in Henry County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Henry County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in as supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Henry County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Henry County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current offices; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 688

Crime of prostitution in Jefferson County.

(a) This amendment shall apply only to the portions of Jefferson County outside the corporate limits of a municipality.

(b) For the purpose of this constitutional amendment, the term "prostitution" shall mean the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.

(c) No person in the portion of the county outside the corporate limits of a city shall commit an act of prostitution as defined in subsection (b).

(d) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.

(e) No person shall agree to engage in sexual intercourse, deviate sexual intercourse, or sexual contact with another or participate in the act for monetary consideration or other thing of value and give or accept monetary consideration or other thing of value in furtherance of the agreement.

(f) No person shall knowingly do any of the following:

(1) Cause or aid a person to commit or engage in prostitution.

(2) Procure or solicit patrons for prostitution.

(3) Provide persons or premises for prostitution purposes.

(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.

(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.

(g) It shall be unlawful for any bellhop, elevator operator, desk clerk, servant, or employee of a hotel, motel, inn, boardinghouse, apartment house, or any lodging place of like kind for the purpose of or in furtherance of unlawful sexual misconduct or prostitution to:

(1) Conduct any person to the room of any guest or occupant of the place.

(2) Carry any note or message to or from a person, a guest, or occupant of the place.

(h) It shall be unlawful for the owner or manager of any hotel, motel, inn, boardinghouse, apartment house, or any lodging place or like kind to employ a person who has been convicted of aiding or abetting prostitution.

(i) Each violation is a Class A misdemeanor.

Amendment 689

Phase-out of Supernumerary Programs in Lamar County; Participation in Employees' Retirement System.

An elected or appointed Lamar County official not currently serving as such an official who is elected or appointed after the effective date of this amendment may not assume a supernumerary office. Any person who, on the ratification of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Lamar County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Lamar County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served as a county official. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, including the county coroner, but shall not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 690

Phase-out of Supernumerary Programs in Lauderdale County; Participation in Employees' Retirement System.

No elected or appointed Lauderdale County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Lauderdale County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Lauderdale County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include the sheriff and any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 691

Phase-out of Supernumerary Programs in Lawrence County; Participation in Employees' Retirement System.

No elected or appointed Lawrence County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Lawrence County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Lawrence County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Lawrence County official" include, subject only to express limitation, any person elected to represent Lawrence County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Lawrence County official. The words do not include a judge, legislator, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendments

  • Amended by Amendment 731.

Amendment 692

Bingo Games in Limestone County.

(a) The operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in Limestone County, subject to any resolution or ordinance by the county commission. The county commission may promulgate rules and regulations for the licensing and operation of bingo games, within its respective jurisdictions. The governing body shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.

(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(5) A nonprofit organization shall not lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by the Legislature by local law during any bingo session during any calendar week.

(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.

(b) The Legislature may, by local law, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation.

Amendment 694

Employees Subject to Authority of Personnel Board of Madison County.

Effective the first day of the sixth month after ratification of this amendment, employees of the Office of the Sheriff of Madison County, except for the chief deputy, shall be under the authority of the Personnel Board of Madison County. The provisions of this amendment shall not affect the liability of the employees of the office of the Sheriff of Madison County.

Amendment 695

Marion County Agriculture and Exhibit Center Authority.

(a) There is hereby created and established the Marion County Agriculture and Exhibit Center Authority which shall consist of seven members to be appointed as follows:

(1) One member appointed by the member of the Marion County Commission representing District One.

(2) One member appointed by the member of the Marion County Commission representing District Two.

(3) One member appointed by the member of the Marion County Commission representing District Three.

(4) One member appointed by the member of the Marion County Commission representing District Four.

(5) One member appointed by the member of the Marion County Commission representing District Five.

(6) One member appointed by the state Senator representing Marion County.

(7) One member appointed by the members of the House of Representatives representing Marion County.

(b) The authority shall oversee the construction, management, maintenance, and control of any structure or facility constructed as a center for promoting cattle, horses, and livestock and for agricultural, educational, and civic exhibits. Vacancies on the authority shall be filled in the same manner as the original appointments are made. Members of the authority shall serve without compensation. The authority shall hold at least one annual meeting.

(c) The authority is authorized to do the following:

(1) To locate the exhibition center upon the site selected by the Marion County Commission.

(2) To acquire by purchase, rent, lease agreement, or otherwise the necessary facilities and to provide it with necessary equipment, furnishings, landscaping, and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters.

(3) To enter into contracts and cooperative agreements with the local, state, and federal governments, agencies of the governments, private individuals, corporations, associations, and other organizations as the authority may deem necessary or convenient to carry out the purposes of this amendment, the contracts and agreements to include leases to provide for industries.

(4) To accept public or private gifts, grants, and donations.

(5) To acquire property by purchase, lease, or gift.

(6) To sell, convey, transfer, lease, or donate any property, franchise, grant, easement, license, or lease or interest therein which it may own and to transfer, assign, sell, convey, or donate any right, title, or interest which it may have in any lease, contract, agreement, license, or property.

(7) To invest any funds that the authority may determine are not presently needed in the operation of its properties in bonds of the United States of America, bonds of the state, bonds of any county or municipality, and interest-bearing bank deposits.

(8) To employ personnel as may be necessary to accomplish the purposes of this amendment. The personnel employed by the authority shall serve at the pleasure of the authority. The authority shall fix the compensation of the personnel and the compensation shall be paid from any funds of the authority. The authority shall designate the duties of the personnel.

(9) To make rules and regulations as the authority may deem necessary and desirable to provide for the operation, management, and control of the facility.

(10) To perform other acts necessary or incidental to the accomplishment of the purposes of this act, and other acts, including, but not limited to, the employment of legal and accounting assistance, whether or not specifically authorized in the act, and not otherwise prohibited by law.

(d) The county commission may transfer property to the authority for planning for present and future purposes of the authority.

Amendment 696

Polling Places in Marshall County.

Every polling place in Marshall County shall be open for voting on election day for any local, state, or national election at 7:00 A.M. and shall not close until 7:00 P.M. and shall remain open for voting for not less than 12 consecutive hours. The Marshall County Commission shall provide funds from the county general fund for any additional compensation needed for poll workers required to work the extended hours required by this amendment.

Amendment 697

Costs and Charges of Courts in Monroe County.

The Legislature, from time to time, may fix, regulate, and alter the costs and charges of court in Monroe County and provide for the distribution of any additional revenue.

Amendment 698

Phase-out of Supernumerary Programs in Perry County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Perry County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Perry County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Perry County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person elected to represent the county in any representative body of the state and any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 699

Phase-out of Supernumerary Programs in Pike County; Participation in Employees' Retirement System.

No elected or appointed Pike County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Pike County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Pike County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Pike County official" include, subject only to express limitation, any person elected to represent Pike County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Pike County official. The words do not include a judge, legislator, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 700

Phase-out of Supernumerary Programs in Pike County; Participation in Employees' Retirement System.

(a) In Pike County, no mayor or elected or appointed public official may assume a supernumerary office after the ratification date of this amendment. Any person who, on the ratification date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor or elected or appointed public official in Pike County may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. A mayor or elected or appointed public official holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed public official" include, subject only to express limitation, any person elected to represent Pike County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed public official. The words do not include a judge, a member of a city governing body, district attorney, constable, school board member, or any official elected from a judicial circuit.

(b) Act 99-407 of the 1999 Regular Session is repealed.

Amendment 701

Promotion of Industry, Trade, and Economic Development in Randolph County.

The Legislature, by general, local, or special law, may provide for the creation, incorporation, organization, operation, administration, authority, and financing of a public corporation empowered or intended to assist or aid in any way Randolph County or any municipality therein in promoting industry, trade, and economic development of Randolph County and each municipality situated in the county, and the Legislature may grant the corporation all powers, rights, privileges, exemptions, and authority as the Legislature considers necessary or desirable for the furtherance and accomplishment of the purposes of the public corporation.

Amendment 702

Phase-out of Supernumerary Programs in Russell County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Russell County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Russell County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Russell County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 703

Phase-out of Supernumerary Programs in Tallapoosa County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Tallapoosa County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Tallapoosa County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Tallapoosa County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 704

Phase-out of Supernumerary Programs in Chilton County; Participation in Employees' Retirement System.

No person elected or appointed Sheriff of Chilton County, or any elected or appointed Chilton County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and other elected or appointed Chilton County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Chilton County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, school board member, or any official elected from a judicial circuit. All costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, Code of Alabama 1975, shall be the responsibility of the official making the purchase.

Amendment approval

Amendment 705

Phase-out of Supernumerary Programs in Marion County; Participation in Employees' Retirement System.

No person elected or appointed Sheriff of Marion County, or any elected or appointed Marion County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and other elected or appointed Marion County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Marion County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person elected to represent Marion County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Marion County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit. All costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, Code of Alabama 1975, shall be the responsibility of the official making the purchase.

Amendment approval

Amendment 706

Education First Amendment

Section I. This amendment shall be entitled the "Education First Amendment."

Section II. As used in this amendment, the following terms shall be given the following respective meanings:

(1) "Motor Fuel Tax" means a privilege or license tax levied upon every person, firm, or corporation selling, delivering, or withdrawing from storage or keeping in storage for sale or delivery in the county, any gasoline, naphtha, or other liquid motor fuels, or any device or substitutes therefor, commonly used in internal combustion engines, including diesel oil, tractor fuel, gas oil, distillate or liquefied gas, kerosene, jet fuel, or any substitutes or devices therefor, when sold, distributed, stored, or withdrawn from storage in the corporate limits of the City of Mobile and the City of Prichard for use in the operation of any motor vehicle upon the highways, but not including "kerosene oil," "fuel oil," or "crude oil" commonly used for lighting, heating, or industrial purposes, in an amount equal to two cents ($.02) per gallon sold, delivered, withdrawn from storage, or kept in storage for sale or delivery. Provided, however, that the fuel tax herein provided for shall not be levied or paid on the sale of such motor fuels in interstate commerce, or to the federal government or any agency of the federal government, or to the State of Alabama, or to any incorporated municipality for municipal purposes, or to the county commission for county purposes, or to the board of school commissioners for the use or purposes of such board, or for use in operating or propelling tractors used exclusively for agricultural purposes, or for use in operating or propelling commercial fishing boats, or to such motor fuels which are withdrawn from storage for delivery only to a point or points outside the county, when the distributor or seller of such motor fuels prepares and files with the revenue commissioner of the county written statements sworn and subscribed to showing the name and address of the person and to whom such motor fuels are or have been delivered by the distributor or seller, the volume and kind of such motor fuels and the dates of such withdrawals, and the point or points outside the county to which the motor fuels are delivered, or are to be delivered. Where any excise tax which may be levied hereby upon the sale, use, distribution, storage, or withdrawal from storage of such motor fuels shall have been paid to the revenue commissioner of the county by any person, firm, or corporation, such payment shall be sufficient, the intent being that the tax shall be paid but once.

(2) "Property Tax" means an ad valorem tax on the value of taxable property, as assessed for state taxation during the preceding tax year; provided, however, that such tax shall not be levied and assessed against any private passenger automobiles or motor trucks of the type commonly known as "pickups" or "pickup trucks" owned and operated by an individual for personal or private use and not for hire, rent, or compensation.

(3) "Sales and Use Tax" means a privilege or license tax levied on account of business activities, in an amount determined by application of applicable rates against gross sales or gross receipts, or an excise tax on storage, use, or other consumption of tangible personal property, as the case may be, which shall parallel, except for the rate of the tax, the state sales and use taxes levied pursuant to Chapter 23, Title 40, of the Code of Alabama 1975, as the same may be amended from time to time; provided, that in the event of the repeal of the statutes imposing the state sales and use taxes, the sales and use tax levied hereunder shall apply to and be imposed upon every person upon whom, had it not been for such repeal, the state sales and use taxes would have been levied.

Section III. In addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, there is hereby levied and shall be collected a tax, the proceeds of which shall be used exclusively for public school purposes in Mobile County, including, without limitation, the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes. The taxes levied hereunder shall be determined as provided in Section 4 of this amendment and shall be:

(1) With respect to the areas of Mobile County within the corporate limits of the Cities of Mobile and Prichard, either (but not both) of the following:

a. a property tax at the rate of 12 mills on each $1 on property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or

b. a property tax at the rate of 8 mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County and an additional motor fuel tax in such jurisdictions at the rate of two cents ($.02) per gallon.

(2) With respect to the areas of Mobile County outside the corporate limits of the Cities of Mobile and Prichard, either (but not both) of the following:

a. a property tax at the rate of 12 mills on each $1 on property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or

b. a property tax at the rate of 4 mills on each $1 on all property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County and a sales and use tax at the rate of one-half percent (.5%) on account of business activities in areas of Mobile County outside the City of Mobile and the City of Prichard.

Section IV. The taxes levied hereunder shall be determined by referendum to be held in Mobile County simultaneously with the referendum on the approval of this amendment. The question shall be submitted to the qualified voters of Mobile County, in a referendum separate from and in a position on the ballot immediately following the proposition on the approval of this amendment, in the following form:

Question (1) "If the Education First Amendment is approved by the voters, which of the following taxes to be levied for public school purposes do you favor? Vote for one.

"___ FOR a property tax at the rate of 12 mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or

"___ FOR a property tax at the rate of eight mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County and an additional motor fuel tax at the rate of two cents ($.02) per gallon in those jurisdictions."

The foregoing question shall be submitted to and voted on only by the electors residing in the Cities of Mobile and Prichard in Mobile County.

Question (2) "If the Education First Amendment is approved by the voters, which of the following taxes to be levied for public school purposes do you favor? Vote for one.

"___ FOR a property tax at the rate of 12 mills on each $1 on all property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or

"___ FOR a sales and use tax at the rate of one-half percent (.5%) in all areas located outside the corporate limits of the Cities of Mobile and Prichard in Mobile County and a special ad valorem tax at the rate of four mills on each $1 on property located in all areas of the county outside the corporate limits of the Cities of Mobile and Prichard."

The foregoing question shall be submitted to and voted on only by the electors residing in areas outside the corporate limits of the Cities of Mobile and Prichard in Mobile County.

The taxes shall be levied upon approval of this amendment and in accordance with the results of the referenda provided for in this section. Failure of a person to vote on such question shall not affect the vote of that person on the question of the approval of this amendment. Likewise, the vote cast or the failure of a voter to vote on the approval of this amendment shall not affect his or her vote on the foregoing questions.

The judge of probate shall develop the two separate ballots to be submitted to each group of voters.

Section V. Any property tax levied hereby shall be levied each year, without limit as to time, effective with the tax year commencing October 1, 2000, which tax is due and payable October 1, 2001; provided, that if this amendment is approved and proclaimed ratified later than September 30, 2001, it shall be effective with the first tax year as to which taxes become payable after the date it is proclaimed ratified. Except as to the exemption from such tax as provided in Section 2, such tax shall be assessed and collected in the same manner as all other ad valorem taxes with respect to property in Mobile County. Notwithstanding the foregoing, any property annexed into the corporate limits of the City of Mobile or the City of Prichard shall not be subject to the 12-mill or eight-mill additional ad valorem tax levied pursuant to the proposition in question (1) in Section 4 for a period of five years after annexation. During that five years, such property shall be subject to the same amount of ad valorem tax as is levied on property located outside the corporate limits of the City of Mobile and the City of Prichard.

Section VI. Any sales and use tax levied hereby shall be without limit as to time and shall be effective at the beginning of the third month following the month in which this amendment is proclaimed ratified. Any sales and use tax levied hereunder shall be administered and collected by the governing body of Mobile County or by such other officials to whom such duties may be delegated by the governing body of Mobile County from time to time. Any procedure or provision involving the State Department of Revenue which is incorporated herein by reference to the statutes imposing the state sales and use taxes shall be deemed to apply, with respect to the sales and use tax levied hereby, to the officer charged with the duty of administering and collecting such tax by the governing body of Mobile County. The governing body of Mobile County is hereby authorized to take such action as shall be necessary and appropriate to provide for the administration and collection of any sales and use tax levied hereby, including, without limitation, provisions for the making of returns or reports, the contents of returns or reports, collection and payment of taxes, keeping of records, penalties, assessments, and notices and examinations of taxpayers and their books, but all such provisions shall be parallel to the corresponding procedures with respect to the state sales and use taxes to the extent practicable. The proceeds of such tax, net of costs of collection, shall be paid to the Board of School Commissioners of Mobile County or its successors.

Section VII. Any motor fuel tax levied hereby shall be effective at the beginning of the third month following the month in which this amendment is proclaimed ratified.

Section VIII. The provisions of this amendment shall be self-executing, and authorization from or any other action by the Legislature or the governing body of Mobile County shall not be a prerequisite to the levy or collection of the taxes provided for herein or the use of the proceeds thereof for public school purposes in Mobile County.

Section IX. The actions and authority conferred by this constitutional amendment, specifically including, without limitation, the tax or taxes levied hereby and the method of determining the tax or taxes to be levied, are in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901, or any other laws of the state to the contrary notwithstanding, and to the extent that the provisions of this amendment may be inconsistent with provisions of any other provision or provisions of the Constitution of Alabama of 1901, or any other laws of the state, the provisions of this amendment shall control.

Amendment 707

Home Rule in Shelby County.

Section 1. Home rule.

(a) Except as herein provided, the Shelby County Commission may adopt ordinances, resolutions, or regulations relating to its property, affairs, and county government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law enacted by the Alabama Legislature. Notwithstanding the general grant of power in the preceding sentence, the Shelby County Commission may not establish or levy any new tax or raise revenue except as authorized by this constitution or by general or local law enacted by the Legislature of the State of Alabama.

(b) The Shelby County Commission may fix the salary, compensation, expenses, and other benefits and terms of employment of those employed by the Shelby County Commission except for those subject to the jurisdiction of the Shelby County Law Enforcement Personnel Board, and establish and maintain retirement or pension systems, insurance, workers' compensation, hospitalization, and medical benefits for those employees. The Shelby County Commission shall employ a county manager and other professional staff as it deems appropriate to be authorized and directed to perform any applicable management and administrative function associated with the management of county property and services.

Section 2. Supplementary powers.

(a) The Shelby County Commission, in addition to, and supplementary of, all powers possessed by or conferred upon Shelby County or otherwise provided by general law, may by ordinance or resolution exercise the following powers, provide and regulate the following services, activities, programs, and facilities related thereto, and establish and provide for civil penalties for violation of its ordinances, rules, and regulations applicable thereto:

(1) Police and fire protection.

(2) Garbage and solid waste collection and disposal.

(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and control of dangerous animals and animal nuisances.

(4) Public street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic.

(5) Parks, recreational areas, programs, and facilities.

(6) Storm water and sanitary sewage collection and disposal systems.

(7) Development, storage, treatment, purification, and distribution of water.

(8) Public housing, public buildings, and parking facilities.

(9) Public transportation.

(10) Libraries, archives, and arts and sciences programs and facilities.

(11) Economic development and tourism initiatives, developments, and projects.

(12) Adoption of codes, including building, housing, plumbing, and electrical codes for the protection of the public.

(13) Litter, trash, and rubbish regulation and control on or adjacent to public roads, streets, or highways, or on or in public buildings, public parks, and public properties.

(b) Unless otherwise provided by an act of the Legislature in effect upon ratification of this amendment or unless otherwise provided by general law, Shelby County may not exercise any of the powers listed in subsection (a) or provide any service listed therein inside the corporate limits of any municipality or within any other territory in which a municipality or an instrumentality of a municipality is authorized by an act of the Legislature to exercise the power or provide those services, or within any other county, except by contract with the municipality, municipal instrumentality, or county affected.

Section 3. Eminent domain.

The Shelby County Commission may exercise the power of eminent domain as is authorized by general law.

Section 4. Liability.

The Legislature may waive or limit the liability of Shelby County by law.

Section 5. Debt limitation.

The debt incurred by Shelby County, including debt incurred on behalf of any special district, may never exceed 10 percent of the assessed value of all taxable property within Shelby County.

Section 6. The Legislature of the State of Alabama, by local law, may provide criminal penalties for violations of certain activity and certain conduct in Shelby County if the activity or conduct involves the health, safety, and welfare of the citizens of the county or involves any of the following:

(1) Litter, trash, and rubbish regulation and control on or adjacent to public roads, streets, or highways or on or in public buildings, public parks, or public properties.

(2) Control of public nuisances caused by noise levels or noxious odors, or substances.

(3) The use and control of public parks, lands, buildings, equipment, and real or personal property.

(4) Control of dangerous animals and animal nuisances.

Section 7. The Legislature, by local law, shall provide for the combination of the county offices of tax assessor and tax collector into one elected position of County Property Tax Commissioner.

Section 8. The powers granted to the Shelby County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters:

(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the Shelby County Commission.

(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the Shelby County Commission.

(3) Action defining any criminal offense or providing for criminal punishment beyond that authorized by local or general law or by the Alabama Constitution.

(4) Action extending the power of regulation over any business activity regulated by the Alabama Public Service Commission beyond that authorized by local or general law or by the Constitution.

(5) Action affecting the exercise of the power of eminent domain.

(6) Action affecting any court or the personnel thereof.

(7) Action affecting any public school system.

(8) Action affecting pari-mutuel betting or any pari-mutuel betting facility.

(9) Action affecting in any manner the property, affairs, boundaries, revenues, powers, obligations, indebtedness, or government of a municipality.

(10) Action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.

Section 9. The Legislature, by local law, may provide for the implementation and administration of the provisions of this amendment.

Amendment 708

Phase-out of Supernumerary Programs in Shelby County; Participation in Employees' Retirement System.

No elected or appointed Shelby County official or sheriff may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Shelby County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system, and shall be treated as an employee of the county. Shelby County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Shelby County official" shall include any person appointed to serve the remaining term of an elected or appointed Shelby County official. The words do not include a judge, county commissioner, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 709

Education Trust Fund Rainy Day Account.

Section I. As used in this amendment, the following words and phrases shall have the following respective meanings:

"Alabama Trust Fund" means the irrevocable, permanent trust fund created by Amendment No. 450 to the Constitution of Alabama 1901.

"Education Trust Fund Rainy Day Account" means the special account created by this amendment.

"Oil and Gas Capital Payment" means any payment (including any royalty payment) received by the state or any agency or instrumentality thereof as all or part of the consideration for the sale, leasing or other disposition by the state or any agency or instrumentality thereof of any right to explore and drill for or to produce oil, gas or other hydrocarbon minerals in any area on the water side of the high water mark of Mobile Bay or in any other offshore area and shall include any revenue by the state from federal oil and gas leases off the coast of Alabama. Any royalty or other payment, with the exception of any taxes heretofore or hereafter levied, that is based upon or determined with respect to the production of oil, gas or other hydrocarbon minerals and that is paid to the state or any agency or instrumentality thereof, regardless of the time of such payment, shall be considered an oil and gas capital payment.

Section II. (a) Within thirty days following ratification of this constitutional amendment there shall be created within the Alabama Trust Fund the Education Trust Fund Rainy Day Account. Upon creation, the Education Trust Fund Rainy Day Account shall be credited with Oil and Gas Capital Payments previously transferred into the Alabama Trust Fund up to an amount equal to six percent of the Education Trust Fund appropriations for fiscal year 2002. Once established, no further amounts from the Alabama Trust Fund may be credited to the Education Trust Fund Rainy Day Account except repayments as provided in subsection (b) below. Funds from the Education Trust Fund Rainy Day Account may be withdrawn only to prevent proration of the appropriations for the public schools, public colleges and universities, public schools for the deaf and blind, including all appropriations to the Alabama Institute for the Deaf and Blind, public schools for the mentally ill and retarded, and other entities established by general statute for public school students from the Education Trust Fund subject to the following limitations. For the fiscal year ending September 30, 2002 funds may not be withdrawn from the Education Trust Fund Rainy Day Account unless legislation is enacted during the 2001 4th Special Session of the Legislature which increases Education Trust Fund revenues and reduces Education Trust Fund expenditures by a combined amount of $160 million as certified by the Legislative Fiscal Officer to the Legislature at the same time as the certifications pursuant to Section 16-13-281(c) are made. Beginning in the fiscal year beginning October 1, 2002 withdrawals from the Education Trust Fund Rainy Day Account shall be limited to an amount necessary to reach the average of the estimated available revenue which is to be certified by the Finance Director and the Legislative Fiscal Officer at the same time as the certifications pursuant to Section 16-13-281(c) Code of Alabama 1975 are made. The Governor shall certify to the state comptroller and notify the Legislature that proration would occur in appropriations for the public schools, public colleges and universities, public schools for the deaf and blind, including all appropriations to the Alabama Institute for the Deaf and Blind, public schools for the mentally ill and retarded, and other entities established by general statute for public school students from the Education Trust Fund in accordance with this constitution. Upon the certification by the Governor, and after all other sources available to be used to offset proration have been utilized, withdrawals from the Education Trust Fund Rainy Day Account may be made; however, withdrawals shall be limited to the amount of the anticipated proration and funds allotted only to the extent necessary to avoid proration of appropriations for the public schools, public colleges and universities, public schools for the deaf and blind, including all appropriations to the Alabama Institute for the Deaf and Blind, public schools for the mentally ill and retarded, and other entities established by general statute for public school students from the Education Trust Fund as limited by this section. In the event funds are withdrawn from the Education Trust Fund Rainy Day Account an additional amount equal to twenty-five percent of the Education Trust Fund transfer amount shall be transferred from the Alabama Trust Fund to the County and Municipal Government Capital Improvement Fund.

(b) The Finance Director shall ensure that if during the fiscal year, receipts to the Education Trust Fund (net of the Education Trust Rainy Day Account payments) are sufficient to reduce proration of funds for the public schools, public colleges and universities, public schools for the deaf and blind, including all appropriations to the Alabama Institute for the Deaf and Blind, public schools for the mentally ill and retarded, and other entities established by general statute for public school students which has been declared and for which funds have been withdrawn, then the amount corresponding to the reduced proration percentage shall be transferred back to the Education Trust Fund Rainy Day Account within the Alabama Trust Fund within thirty days after the end of the fiscal year in which the withdrawals were made. Any amount transferred back to the Education Trust Fund Rainy Day Account shall necessitate a transfer of an additional amount equal to twenty-five percent of that amount from the County and Municipal Government Capital Improvement Fund into the Education Trust Fund Rainy Day Account within the Alabama Trust Fund.

(c) The Legislature may provide by statute for the replenishment of the Education Trust Fund Rainy Day Account within the Alabama Trust Fund from sources other than the Alabama Trust Fund or Oil and Gas Capital Payments. The earnings from the investment of funds due to the replenishment shall be deposited into the State General Fund.

(d) The allocations to the Alabama Capital Improvement Trust Fund and to the County and Municipal Government Capital Improvement Fund as provided in Amendment 666 to the Constitution of Alabama of 1901, shall not be diminished by the application of this amendment.

(e) The Legislature must provide for the replenishment of the account within five (5) years after withdrawal of any funds from the Education Trust Fund Rainy Day Account pursuant to the provisions of this amendment. After the complete replenishment of the Education Trust Fund Rainy Day Account, any excess funds shall be designated to repay any lost interest earnings to the trust established under Amendment 543 to the Constitution of Alabama of 1901, due to any withdrawal from the Education Trust Fund Rainy Day Account.

Repeal of amendment

  • Amendment 709 was repealed by Amendment 803.

Amendment 710

Costs and Charges of Courts in Lamar County.

In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including, without limitation, Sections 96, 104, and 105, there shall be an additional fee of one hundred dollars ($100) in misdemeanor drug cases and an additional fee of five hundred dollars ($500) in felony drug convictions assessed and taxed as costs on criminal cases filed in circuit court, district court, or any municipal court in Lamar County. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Lamar County to be used by the county commission for the operation and maintenance of the canine unit in the office of the sheriff. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 711

Amendment of Amendment No. 551

Amendment No. 551 to the Constitution of Alabama of 1901, is amended to read as follows:

The Legislature declares that all volunteer fire departments, including volunteer fire departments that have emergency medical technicians that are members, are organizations that are public in nature and serve to protect the health, safety, and welfare of the citizens of Montgomery County.

In addition to all ad valorem taxes levied for fire protection, the Montgomery County Commission may levy and collect a special ad valorem tax, not to exceed five mills in any year on each dollar of assessed value of the property taxed, on property in the unincorporated area of Montgomery County for the purpose of providing fire protection in the unincorporated area of Montgomery County.

The tax provided in this act shall be levied, collected, administered, and enforced at the same time, in the same manner, and under the same requirements and laws as state ad valorem taxes. The officials collecting or assessing the tax shall be entitled to the same fees and compensation as are provided for collecting and assessing ad valorem taxes. The proceeds of the tax shall be paid into the county general fund. Within thirty days after payment into the county general fund, the Montgomery County Commission shall pay the funds to the Montgomery County Association of Volunteer Firefighters, hereafter referred to as the county association. The county association shall distribute the funds as follows:

(1) 60 percent shall be divided equally among all eligible volunteer fire departments.

(2) 30 percent shall be divided according to a percentage based upon the monies collected in a fire district compared to the total monies collected. The county association shall notify the Revenue Commissioner within 30 days after this act becomes operative of the designated fire districts. The boundaries of the fire districts may be rearranged at the discretion of the county association as they deem necessary, from time to time, to maximize fire protection services in the county.

(3) Ten percent of the money shall be designated as discretionary fund of the county association to be used for any expenditure otherwise allowable under this act.

In order to be an eligible volunteer fire department for purposes of this act, a volunteer fire department shall be in good standing with the Montgomery County Association of Volunteer Firefighters.

Funds disbursed to eligible volunteer fire departments pursuant to this act shall be expended only for fire protection and emergency medical services, including but not limited to, training, supplies, buildings, capital improvements, equipment, insurance, professional services, and dues. The funds shall not be expended for food, drink, social activities, or fund-raising activities. After receiving the funds, the volunteer fire departments shall keep accurate records to verify that the funds are properly expended. By September 15th of each year, the department shall file a report with the county association detailing the expenditure of all funds during the previous twelve months and setting out a schedule of all proposed projects. The filing shall account for all unspent funds and whether unspent funds have been obligated. Unspent funds that have not been obligated which exceed the amount of total receipts paid to the department for the prior year from this tax shall be returned to the county association for redistribution equally among the other fire departments. The county association shall supply the accounting forms to each eligible volunteer fire department. The copy of the year-end report shall be filed with the county commission and shall be audited by the Examiners of Public Accounts of the state on the same basis as county funds are audited.

Upon dissolution or abandonment of an eligible volunteer fire department, all remaining funds derived from this act or assets purchased with the funds derived from this act shall be transferred to the county association.

Prior to the levy of the fire protection tax in the unincorporated areas of county, there shall be submitted to the electors at a special election called for that purpose in the county, the question of whether the tax shall be levied. If a majority of the qualified electors within the unincorporated area of the county who vote at the election approve the tax, the tax shall be effective and levied. If a majority of the qualified electors within the unincorporated area of the county who vote at the election do not approve the tax, the tax shall not be effective and shall not be levied.

Elections on the question of the levy of a fire protection tax in the county may be held at any time and from time to time. Notwithstanding the foregoing, if at an election held after the ratification of this amendment the proposal to levy the tax so submitted is defeated, then the proposal may not be submitted at another election held in the county within two years from the last election held under this amendment.

Amendment 712

Fire Protection and Emergency Medical Services in Montgomery County.

(a) This amendment shall not apply to the City of Montgomery in Montgomery County.

(b) The governing body of any incorporated municipality in Montgomery County to which this amendment applies may levy and impose a special ad valorem tax, not to exceed five mills in any year, on each dollar of assessed value of the property taxed, on property in the incorporated area of municipality for the purpose of financing fire protection and emergency medical services within the boundaries of the municipality. Financing such services may include, but not be limited to, entering contracts for the services with existing fire departments, volunteer fire departments, and emergency medical service providers.

(c) The Legislature by local law may provide for the administration, collection, and allocation of any revenues from the ad valorem taxes levied and imposed under this amendment so long as the allocations are made solely for fire protection and emergency medical services.

Amendment 713

Promotion of Economic and Industrial Development in Montgomery County.

For the promotion of local economic and industrial development, the Montgomery County Commission and the City Council of the City of Montgomery, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the City of Montgomery, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Montgomery County or the City of Montgomery.

In carrying out the purposes of this amendment, neither Montgomery County nor the City of Montgomery shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Montgomery County or by the City of Montgomery, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Neither Montgomery County nor the City of Montgomery shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Montgomery County or the City of Montgomery is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 714

Procedure for Ratification and Adoption of Proposed Constitution of Alabama.

Any proposed Constitution of Alabama adopted to replace the Constitution of Alabama of 1901, whether adopted by a constitutional convention pursuant to Section 286 or by any other constitutionally authorized method now in existence or subsequently adopted, shall become effective only if the proposed constitution is ratified by a majority of the qualified electors of the state voting on the question of such ratification.

Prior to the ratification election, the text of the proposed constitution shall be published in the same manner as the proclamation of the election. The proposed constitution shall be published on a separate sheet or sheets and circulated with the newspapers in which the proclamation is published. The Legislature may also provide for other methods of publishing the text of the proposed constitution.

The result of the election shall be made known by proclamation of the Governor. If the proposed constitution is ratified as provided in this amendment, it shall become effective on the first day of January following ratification, unless otherwise provided in the ratified constitution. If the ratified constitution provides otherwise, the effective date shall be as provided in the ratified constitution.

The Legislature shall provide for the notice, and procedures related to the election, canvassing, proclamation, and costs which are in conformity with this amendment. If proposed by convention, the election shall be held at the next general election not less than 90 days following adjournment of the convention at which it was proposed.

Amendment approval

Amendment 715

Organization and Promotion of Sheep and Goat Industry.

The Legislature, by general law, may provide for the promotion of the production, distribution, improvement, marketing, use, and sale of sheep or goats. The Legislature may provide for the promotion of sheep and goats and their products by research, education, advertising, and other methods. The Legislature may provide means and methods for the financing of any promotional activity by prescribing a procedure whereby producers of sheep and goats may levy upon themselves and collect assessments, fees, or charges upon the sale of sheep and goats for the financing of any promotional program or activity in cooperation with buyers, processors, dealers, distributors, and handlers of sheep and goats. The Legislature may make provisions for the nonpayment of assessments by sheep and goat producers and shall make provisions for the refund of assessments to any producer of sheep or goats 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 by this amendment and provide penalties for failure to make the collection and distribution of assessments. The Legislature shall provide for the designation of a nonprofit association or organization for the promotion and betterment of sheep and goats and their products to administer and carry out any promotional program which shall include the conducting of elections or referendums among producers of sheep and goats. The Legislature may provide the manner by which a 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 an application, the requirements and eligibility of the association or organization which will conduct the referendum, the procedures for voting and eligibility to vote in the referendum, and the details of the conduct of the 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 by the Department of Agriculture and Industries and the State Board of Agriculture and Industries. The Legislature shall further provide a procedure for the association or organization to be bonded, for the examination and auditing of the 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 of this amendment. Assessments, fees, or other charges collected as authorized by any legislative act adopted under authority of this amendment are not to be considered a tax within the meaning of this constitution or any other provisions. Any uniformity requirements of this constitution shall be satisfied by the application of the program upon the sheep and goat industry.

Amendment approval

Amendment 716

Phase-out of Supernumerary Programs in Baldwin County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Baldwin County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Baldwin County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Baldwin County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 717

Employees Subject to Authority of Sheriff's Personnel Board in Baldwin County.

No later than the first day of the sixth month after ratification of this amendment, employees of the Office of the Sheriff of Baldwin County, except for the chief deputy, chief corrections officer, chief civil deputy, financial officer, and personnel officer, shall be under the authority of the Baldwin County Sheriff's Personnel Board. The provisions of this amendment shall not affect the liability of the employees of the Office of the Sheriff of Baldwin County.

Amendment 718

Phase-out of Supernumerary Programs in Blount County; Participation in Employees' Retirement System.

No elected or appointed Blount County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Blount County official may participate in the Employees' Retirement System upon the same terms and conditions as may be specified by law for any other employee in the same retirement system; provided, the official shall forego the assumption of a supernumerary office. Blount County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, that costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, shall be the responsibility of the official making the purchase. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendments

  • Amended by Amendment 763.

Amendment 719

Promotion of Economic and Industrial Development in Butler County.

For the promotion of local economic and industrial development, Butler County and any municipality therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Butler County or any municipality therein.

In carrying out the purposes of this amendment, neither Butler County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Butler County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Neither Butler County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Butler County or any municipality therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 720

Amendment of Amendment No. 291.

Amendment No. 291 to the Constitution of Alabama of 1901, is amended to read as follows:

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, 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 and 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. Any tax previously levied and approved pursuant to this amendment and any and all taxes levied and approved pursuant to this Constitution and any other amendments thereto shall remain effective for an indefinite period of time until specifically repealed by law.

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.

Amendment 721

Extension of Special Ad Valorem Tax for Public Library Purposes in Chambers County.

(a) Subject to the succeeding provisions of this amendment, the governing body of Chambers County shall continue to levy and provide for the collection of the special county ad valorem tax authorized by Amendment 554 of this constitution at the existing rate of 20 cents ($.20) on each one hundred dollars ($100) of taxable property in the county for an additional 10 years commencing on October 1, 2003, and expiring on September 30, 2013.

(b) The proceeds from the ad valorem tax which shall continue to be levied under subsection (a) of this amendment shall continue to be used for public library purposes in Chambers County in the same manner prescribed in subsections (a) and (b) of Amendment 554 of the Constitution of Alabama of 1901, for the use of the ad valorem tax proceeds collected pursuant to Amendment 554.

(c) The provisions of this amendment shall be self-executing and no further referendum or action by the Legislature shall be a prerequisite to continuing the levy and collection of the tax herein authorized. The county governing body shall provide for the administration and collection of the tax.

Amendment 722

Civil Service Merit System for Certain Employees in Chilton County.

The Legislature, by local law applicable only in Chilton County, may provide for the establishment of a civil service merit system for employees of the Office of Sheriff of Chilton County, including deputy sheriffs, county law enforcement officers, radio operators, jailers, and any other support personnel who work for the sheriff, except for the chief deputy.

Amendment 723

Promotion of Economic and Industrial Development in Coffee County.

For the promotion of local economic and industrial development, the Coffee County Commission and the governing body of any city or municipality located within Coffee County, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or any city or municipality located therein, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Coffee County or any city or municipality located therein.

In carrying out the purposes of this amendment, neither Coffee County nor any city or municipality located therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Coffee County or by any city or municipality located therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Neither Coffee County nor any city or municipality located therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Coffee County or any city or municipality located therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 724

Fire Protection and Emergency Medical Services in Coosa County.

The Legislature, from time to time, by local law may authorize the county governing body of Coosa County to levy and collect fees, annually not to exceed thirty dollars ($30) on each residence and fifty dollars ($50) on each business located within the county, for fire protection services and emergency medical care. The local law may provide for the distribution of the fees to volunteer fire departments and to emergency medical technicians who are members of volunteer fire departments, or provide for the distribution of the fees to an association of volunteer fire departments to be distributed by the association for the same purposes.

Amendment 725

Promotion of Economic and Industrial Development in Covington County.

For the promotion of local economic and industrial development of Covington County, the Covington County Commission, and the city councils of each municipality located in the county having a population of over 1,500 based on the 2000 decennial census, shall have, independently or in cooperation with one or more of such governmental entities, full and continuing power to do any of the following:

(1) Purchase, construct, develop, equip, operate, 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, give, and convey any such property described in subdivision (1), to any person, firm, association, corporation or entity, public, or private, including, but not limited to, a duly authorized industrial development board or economic development commission or airport authority serving the county or any such municipalities.

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

(4) Become a stockholder or equity owner in any corporation, association, company, or entity.

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

(6) Become indebted and issue and sell 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 50 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) 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 be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.

(7) Create a public board, agency, authority, commission, corporation, or other entity 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 such 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 delegate to such public board, agency, authority, commission, corporation, or other entity and its board or governing body all powers and authority conferred in this amendment upon the county or any such municipality.

In carrying out the purposes of this amendment, neither Covington County nor the municipalities shall be subject to Sections 93 or 94 of this Constitution. Each public corporation heretofore created by Covington County or by the municipalities, including specifically any industrial development board or authority, any economic development commission or authority, or any airport authority is validated and the powers granted to such board, commission, or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any such municipality, or to any agency, board, corporation, commission, or authority created pursuant to the laws of this state.

Neither Covington County nor the municipalities shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Covington County or any such municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in any such municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a granting of public funds or thing of value in aid of a private entity.

The recital in any bonds, warrants, notes, or other obligations or evidences or 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 shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901.

This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature may by general, special, or local act adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.

Amendment 726

Costs and Charges of Courts in Crenshaw County.

(a) In addition to any court costs and fees now or hereafter authorized in Crenshaw County, and notwithstanding any other provisions of the Constitution, including, without limitation, Sections 96, 104, and 105, the Crenshaw County Commission may impose an additional fee in an amount not to exceed thirty-five dollars ($35) on each civil and criminal case, including traffic cases, filed in the circuit court, district court, or any municipal court in Crenshaw County. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(b) The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Crenshaw County to be used by the county commission for the planning, designing, constructing, operating, furnishing, equipping, and financing of a county jail. The Crenshaw County Commission may set and adjust by resolution the fees within the limits authorized by this amendment based on the needs associated with the planning, designing, constructing, operating, furnishing, equipping, and financing of a county jail.

Amendment 727

Phase-out of Supernumerary Programs in Crenshaw County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Crenshaw County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Crenshaw County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Crenshaw County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 728

Amendment of Amendment No. 637.

Amendment 637 of the Constitution of Alabama of 1901 is amended to read as follows:

(a) In addition to all other ad valorem taxes levied, the DeKalb County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1998, an ad valorem tax on all taxable property located in DeKalb County, excluding taxable property located within the city limits of Fort Payne, at a rate of three mills per dollar of assessed value of the taxable property. The proceeds of the tax levied pursuant to this amendment shall be paid into the county general fund and distributed for the benefit of fire protection only.

(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the DeKalb County Association of Fire Departments, Incorporated. At each quarterly meeting of the association, the funds shall be divided between all eligible volunteer fire departments and the DeKalb County Association of Fire Departments so that each volunteer fire department receives an equal share of the funds and the county association receives an amount equal to the total of three of the equal shares received by the volunteer fire departments. Of the three share total distributed to the county association, one-third or one share may be used for administrative duties, the other two-thirds or two shares may be used for fire protection services in those areas not adequately covered by a fire department or for additional fire service equipment purchases on a countywide basis, or both. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds, including but not limited to, any funds which have accrued since October 1, 1998, and have not been distributed as of the ratification date of this amendment.

(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in DeKalb County that is certified under the guidelines of the Alabama Forestry Commission, has at least an ISO class 9 rating, and is a member in good standing of the DeKalb County Association, Incorporated. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each eligible volunteer fire department shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department.

(d) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

(e) The personnel of volunteer fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments.

Amendment 729

Promotion of Economic and Industrial Development in Henry County.

For the promotion of local economic and industrial development of Henry County, the Henry County Economic Development Authority, Incorporated, an Alabama nonprofit corporation, the Henry County Commission, and the city council of each municipality located in the county, shall have, independently or in cooperation with one or more of such governmental entities, full and continuing power to do any of the following:

(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, give, and convey any such property described in subdivision (1), to any person, firm, association, or corporation.

(3) Promote local industrial, commercial, or agricultural development and the location of new industries or business 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, to any individual, firm, association, or corporation whatsoever.

(6) Become indebted and issue and sell 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 50 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) 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 be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.

(7) 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 such 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 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 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 shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 234 or Section 225 of the Constitution of Alabama of 1901.

In carrying out the purposes of this amendment, neither the county nor any municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature may by general, special, or local act adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.

Nothing contained herein shall be deemed to confer upon the Henry County Commission or the City Council of any municipality located in this county, or any public authority created pursuant to this amendment, the authority to purchase, construct, lease, control or otherwise acquire or operate telecommunications facilities, cable facilities or electric generating, transmission or distribution facilities, lines, or equipment.

Amendment 730

Phase-out of Supernumerary Programs in Jackson County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Jackson County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Jackson County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Jackson County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include, subject only to express limitation, any person elected to represent Jackson County in any representation body of the state and includes any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 731

Amendment to Amendment No. 691.

Amendment 691 of the Constitution of Alabama of 1901, is amended to read as follows:

Amendment No. 691

No elected or appointed Lawrence County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Lawrence County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Lawrence County officials holding office at the time of the ratification of this amendment, or any amendment thereto, shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Lawrence County official" include, subject only to express limitation, any person elected to represent Lawrence County in any representative body of the state, including the sheriff, and includes any person appointed to serve the remaining term of an elected or appointed Lawrence County official. The words do not include a judge, legislator, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 732

Bingo Games in Town of White Hall.

(a) The operation of bingo games, including media bingo, for prizes or money by nonprofit organizations, which shall include the Town of White Hall or any agency thereof, for charitable, educational, or other lawful purposes shall be legal in the Town of White Hall that is located in Lowndes County, subject to any resolution or ordinance by the town council. The town council shall have the authority to promulgate rules and regulations for the licensing and operation of bingo games within its jurisdiction provided, however, the town council shall insure compliance pursuant to any ordinance and the following provisions:

(1) No person under the age of 18 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least two years immediately prior to the issuance of the permit or license.

(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games unless such percentage is established by promulgated rules and regulations authorized by the town council.

(4) A nonprofit organization may enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(5) A nonprofit organization shall not lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by regulations.

(7) No tax shall be levied on any game permitted by this amendment, nor shall any person or organization, by whatever name or composition thereof, take any expense for the operation of a bingo game except as permitted by law.

(b) The town council may provide for the implementation of this amendment by the adoption of any resolution or ordinance as provided heretofore.

(c) The provisions of this amendment are complimentary and supplemental to any amendment heretofore ratified authorizing the operation of bingo games in the Town of White Hall located in Lowndes County.

(d) Any person who violates the regulations provided under the provisions of this amendment shall be guilty of a Class C misdemeanor upon the first conviction under this amendment and any subsequent violation shall be a Class A misdemeanor.

Amendment 733

Phase-out of Supernumerary Programs in Marengo County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Marengo County official, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Marengo County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Marengo County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 734

Amendment of Amendment No. 592.

Amendment 592 of the Constitution of Alabama of 1901, is amended to read as follows:

Amendment No. 592

No elected or appointed Morgan County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Morgan County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Morgan County officials holding office at the time of the ratification of this amendment, or any amendment thereto, shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 735

Costs and Charges of Courts in Perry County.

The Legislature, by general or local law, may fix, alter, and regulate the costs and charges of courts in Perry County and provide for their distribution.

Amendment 736

Amendment of Amendment No. 507.

Amendment No. 507.

In addition to any court costs and fees now or hereafter authorized to be collected in Russell County, the County Commission of Russell County may assess a fee not to exceed thirty dollars ($30.00) upon the privilege of filing an initial complaint in all civil and criminal cases filed in any court in the county, as well as a fee not to exceed five dollars ($5.00) for the service of all pleadings and other documents in connection with any action or case. All fees shall be paid into the county general fund and shall be applied exclusively for payment of the cost of the planning, construction, equipping, maintaining, and operating of the county jail, or for the payment of the principal of and interest on any bonds, warrants, or other obligations issued by or on behalf of the county to finance the costs of the jail, as well as the expenses of issuance of any bonds, warrants, or other obligations.

Amendment 737

Promotion of Economic and Industrial Development in Russell County.

For the promotion of local economic and industrial development, Russell County and any municipality therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Russell County or any municipality therein.

In carrying out the purposes of this amendment, neither Russell County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Russell County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Neither Russell County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Russell County or any municipality therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 738

Council-Manager Form of Government in City of Talladega.

(a) This amendment applies only to the City of Talladega in Talladega County.

(b) The council-manager form of government shall become operative in the city on the first Monday in October following the next municipal election of the city council and mayor.

(c) At the next municipal election and at municipal elections thereafter, a city council composed of five members elected from single-member districts and a mayor elected from the city at-large shall be elected. The five members of the council shall initially be elected from the same districts as the current city council. The mayor shall not serve on the council or participate in the adoption of ordinances or in other matters coming before the council.

(d) The city council shall employ a city manager under the terms and conditions it shall provide. The current city clerk shall continue to serve until the position becomes vacant, but shall serve under the direction of the city manager.

(e) The mayor shall serve on a part-time basis and shall be recognized as the head of the municipal government for all ceremonial purposes, but shall have no other administrative duties. The salary of the mayor shall be set by the council to reflect a part-time position.

(f) Except as otherwise provided in this amendment, the city shall operate under the council-manager form of government as provided in Chapter 43A of Title 11, Code of Alabama 1975, or as otherwise provided by general law.

(g) The city may exercise any powers granted to municipalities pursuant to general law.

(h) The City of Talladega shall remain under the council-manager form of government unless this amendment is repealed.

Amendment 739

Promotion of Economic and Industrial Development in Tallapoosa County.

For the promotion of local economic and industrial development, Tallapoosa County and any municipality therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Tallapoosa County or any municipality therein.

In carrying out the purposes of this amendment, neither Tallapoosa County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Tallapoosa County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Neither Tallapoosa County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Tallapoosa County or any municipality therein is approved at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 740

Polling Places in Tuscaloosa County.

Every polling place in Tuscaloosa County shall be open for voting on election day for any local, state, or national election at 7:00 A.M. and shall close at 7:00 P.M. The Tuscaloosa County Commission shall provide funds from the county general fund for any additional compensation needed for poll workers required to work the extended hours required by this amendment.

Amendment 741

Tuscaloosa County Judicial Commission.

(a) In Tuscaloosa County, all vacancies in the offices of judge of the circuit court and judge of the district court shall be filled in the manner and for the time as provided in this amendment. The Tuscaloosa County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to any vacancy in the office of judge of the circuit court and judge of the district court. The nine members of the commission shall consist of the following: One attorney primarily or substantially engaged in a plaintiff civil practice; one attorney primarily or substantially engaged in a defense civil practice; one attorney primarily or substantially engaged in a domestic relations practice; one attorney primarily or substantially engaged in a criminal defense practice; the District Attorney for Tuscaloosa County; the Presiding Judge of the Circuit Court of Tuscaloosa County; and three people who are not members of the Alabama State Bar. Each member shall reside in the territorial jurisdiction of the Circuit Court of Tuscaloosa County.

(b) Members of the commission shall be elected in the following manner:

(1) At least 30 days prior to the Tuscaloosa County Bar Association meeting at which any Alabama State Bar member of the Tuscaloosa County Judicial Commission shall be elected, the Executive Committee of the Tuscaloosa County Bar Association shall provide notice of such election and a list of at least two nominees for each vacancy on the Tuscaloosa County Judicial Commission, except for the positions held by the District Attorney for Tuscaloosa County and the Presiding Judge of the Circuit Court of Tuscaloosa County, to all members of the Tuscaloosa County Bar Association. Any member may submit additional nominations in writing to the President or Secretary of the Tuscaloosa County Bar Association no later than 14 days after the date upon which the list of nominees was provided, specifying the position on the commission for which the nomination is made. All nominees shall be members in good standing of the Alabama and Tuscaloosa County Bar Associations and shall have been engaged in the active practice of law for at least five years.

(2) After the 14-day period for nominations has passed, the Tuscaloosa County Bar Executive Committee shall certify each nominee who meets the criteria for election to the commission.

(3) The names of all nominees certified by the executive committee for each vacant position shall be provided to all members of the Tuscaloosa County Bar Association at least seven days prior to the announced date of the election. The standing rules and regulations of the Tuscaloosa County Bar Association shall govern the election process during the bar association meeting.

(4) The members of the commission who are not members of the state bar shall be selected by a majority of the Tuscaloosa County Legislative Delegation. At least 14 days prior to any meeting for the selection of the members to the commission who are not members of the state bar, the Presiding Judge of the Circuit Court of Tuscaloosa County shall notify the Chair of the Tuscaloosa County Legislative Delegation and all members of the Tuscaloosa Legislative Delegation of the need for a meeting to select candidates for the commission. The Chair of the Tuscaloosa County Legislative Delegation shall also notify the members of the legislative delegation and the presiding circuit court judge of the circuit of the time and location of the meeting. At the meeting, the senators and representatives shall select the members to be appointed to the commission. The Chair of the Tuscaloosa Legislative Delegation shall certify in writing to the Secretary of the Tuscaloosa County Bar Association the name of the individuals selected.

(c) The Secretary of the Tuscaloosa County Bar Association shall certify in writing to the Tuscaloosa County Judge of Probate the names of the members of the commission. The judge of probate shall record all certificates of election and shall safely and permanently keep the original certificates. Upon receipt of the certificate of election, the judge of probate shall send a certified copy to the Governor.

(d) The terms of office of the appointed members of the commission shall be six years. The length of each term shall be designated by the Executive Committee of the Tuscaloosa County Bar Association. Any vacancy on the Tuscaloosa County Judicial Commission shall be filled for the unexpired term in the same manner as the member was originally chosen.

(e) No member shall receive any salary or other compensation for services. No member of the commission, other than the Tuscaloosa County District Attorney and the Presiding Judge of the Circuit Court of Tuscaloosa County shall hold any elected office nor shall any member hold any official position in any political party.

(f) If, after the ratification of this amendment, a vacancy occurs in Tuscaloosa County in the office of judge of the circuit court or judge of the district court, the commission shall submit to the Governor within 45 days after the vacancy occurs a slate of three persons who are qualified for the office. The nominations shall be made only by the concurrence of a majority of the members of the commission. The presiding judge of the circuit court shall certify the three nominees to the Governor, who shall appoint one to the office in which the vacancy exists. If the Governor fails to make an appointment from the submitted list within 60 days from the date of submission, the commission shall submit a new list as provided in this section to the Governor.

Amendment 742

Phase-out of Supernumerary Programs in Wilcox County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Wilcox County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed sheriff and every elected or appointed Wilcox County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Wilcox County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 743

Bingo Games in Greene County.

For purposes of this amendment, the following words have the following meanings:

1. BINGO. That specific kind of game commonly known as bingo in which prizes are awarded on the basis of designated numbers or symbols on a card or electronic marking machine conforming to numbers or symbols selected at random.

2. EQUIPMENT. The receptacle and numbered objects drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them or electronic card marking machines, and the board or signs, however operated, used to announce or display the numbers or designations as they are drawn.

3. NONPROFIT ORGANIZATION. A bona fide religious, educational, service, senior citizens', fraternal, or veterans' organization which operates without profit to its members and which either has been in existence continuously as such an organization for a period of three years or is exempt from taxation by virtue of having been classified as a tax exempt nonprofit organization by the Internal Revenue Service, United States Government. This term includes a volunteer fire department and a volunteer rescue squad.

Bingo games for prizes or money may be operated by a nonprofit organization in Greene County. The sheriff shall promulgate rules and regulations for the licensing, permitting, and operation of bingo games within the county. The sheriff shall insure compliance with such rules or regulations and all of the following:

(1) No person under the age of 19 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(2) Bingo games shall be operated exclusively on the premises owned or leased by the nonprofit organization operating the bingo game. Such location shall be specified in the application of the nonprofit organization.

(3) A nonprofit organization may not enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may not pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(4) A nonprofit organization may not lend its name or allow its identity to be used by another person or entity in the operating, promoting, or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(5) All equipment shall be stamped or clearly marked in letters no less than one-half inch in height and one-fourth inch in width (except for the letter "I") with the name of the nonprofit organization using the equipment. A nonprofit organization or other person or entity may not use equipment marked with the name of another nonprofit organization.

(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed ten thousand dollars ($10,000) in cash or gifts of equivalent value during any bingo session .

(7) A nonprofit organization may not advertise bingo except to the extent and in the manner authorized by rule of the sheriff. If the sheriff allows a nonprofit organization to advertise bingo, the nonprofit organization shall indicate in the advertisement the purposes for which the net proceeds will be used by the nonprofit organization.

(8) A nonprofit organization shall display its bingo license conspicuously at the location where the bingo game is conducted.

(9) The sheriff shall determine by regulation the days of operation during any calendar week and the hours of operation.

A violation of this amendment is a Class A misdemeanor as specified by general law.

Amendment 744

Bingo Games in Macon County.

The operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in Macon County. The sheriff shall promulgate rules and regulations for the licensing and operation of bingo games within the county. The sheriff shall insure compliance pursuant to any rule or regulation and the following requirements:

(1) No person under the age of 19 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.

(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.

(3) Bingo games may be operated on the premises owned or leased by the nonprofit organization operating the bingo game.

(4) A nonprofit organization may enter into a contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.

(5) A nonprofit organization may lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.

(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by rule or regulation during any bingo session during any calendar week.

Amendment 745

Costs and Charges of Court in 24th Judicial Circuit.

Section I. In the 24th Judicial Circuit, consisting of Fayette County, Lamar County, and Pickens County, in addition to any court costs and fees now or hereafter authorized in cases in the circuit and district courts, an additional fee of five dollars ($5) shall be charged and collected by the clerk of the court on each case filed in the circuit.

Section II. The clerk of the respective court shall collect the fee in the same manner as other costs in the court and shall remit the fee to the West Alabama Children's Advocacy Center on a monthly basis to be used by the center for abuse victims in the circuit.

Section III. If the boundaries of the 24th Judicial Circuit change, the filing fee imposed by this amendment shall remain in effect for the Counties of Fayette, Lamar, and Pickens, unless altered by a subsequent amendment to this constitution.

Amendment 746

Costs and Charges of Courts in Calhoun County.

The Legislature, from time to time, may fix, regulate, and alter the costs and charges of court in Calhoun County and may authorize the Calhoun County Commission to fix, regulate, and alter the costs and charges of court, including booking fees, in Calhoun County. The Legislature may provide or may allow the Calhoun County Commission to provide for the distribution of any additional revenue. Any local act authorized in this amendment which has been previously enacted prior to the ratification of this amendment shall be ratified, approved, and confirmed.

Amendment 747

Validation of ad valorem tax for school purposes in Calhoun County.

Any provision of the Constitution of Alabama of 1901, as amended, or the laws of the State of Alabama to the contrary notwithstanding, the levy and collection in each year of each ad valorem tax for public school purposes or educational purposes in Calhoun County, Alabama, and in any municipality located, in whole or in part, in Calhoun County, Alabama, and in any school tax district located in Calhoun County, Alabama, which tax was approved by a majority vote of the appropriate electorate prior to October 1, 2002, and which was being levied and collected for the tax year that began on October 1, 2002, is hereby:

(a) Authorized, ratified, validated, and confirmed from and after the date of the initial levy of such tax regardless of any statutory or constitutional defects, mistakes, errors, or ambiguities in the authorization or levy thereof or the election thereon, or in any act of the Legislature with respect thereto; and

(b) Continued and extended beginning with the levy and collection of such tax for the tax year next succeeding the tax year initially established for the final levy and collection of such tax and continuing for each tax year thereafter without limit as to time.

Amendment 748

Economic Development in Crenshaw County.

For the promotion of local economic and industrial development, the Crenshaw County Commission and the governing body of any municipality located therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Crenshaw County or the municipality.

In carrying out the purposes of this amendment, neither Crenshaw County nor the municipality shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Crenshaw County or by the municipality, including, specifically, any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Crenshaw County or any municipality located therein shall neither lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) The action proposed to be taken by Crenshaw County or the municipality is at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 749

Board of Education in Russell County.

Section I. The Russell County Board of Education shall be composed of seven members. Six of the members shall be elected by a majority of the respective qualified electors of six separate single-member districts, designated Place #1 to Place #6, inclusive, which shall be the same as the districts established by the Legislative Reapportionment Office in the document titled RUSSELL BOE 7 DISTRICTS PLAN 3, dated February 25, 2002. Only the qualified electors residing in a particular district may vote for the member representing that district. The seventh member shall be elected by a majority of the qualified electors of the county at-large, designated Place #7. Elections shall be conducted and the members shall take office in the same manner as currently provided by law.

Section II. (a)(1) A candidate for election as a district member of the board shall be a resident of the single-member district which he or she seeks to represent on the board for at least one year immediately preceding the deadline date for qualifying as a candidate, and shall reside in that district during the entire term of office.

(2) A candidate for election as an at-large member of the board shall be a resident of the county for at least one year immediately preceding the deadline date for qualifying as a candidate, and shall reside in the county during the entire term of office.

(3) A member appointed to fill a vacancy on the board pursuant to general law shall be a resident of the county, and a resident of the district of the vacating member, where applicable.

(b)(1) The member elected in Place #3 and the member elected in Place #6 shall be elected at the general election in November 2006, and every six years thereafter.

(2) The member elected in Place #1 and the member elected in Place #7 shall be elected at the general election in November 2008, and every six years thereafter.

(3) The member elected in Place #2, the member elected in Place #4, and the member elected in Place #5 shall be elected at the general election in November 2010, and every six years thereafter.

(4) Members serving on the board upon the ratification of this amendment, including those members elected at the general election in November 2004 pursuant to Act 82-322, 1982 Regular Session (Acts 1982, p. 434), shall continue to serve on the board until the term for which they were originally elected expires. Such persons shall assume office at the same time as currently provided by law.

(c) If the boundaries of a district change, or if redistricting places an incumbent district board member outside of his or her district, the member shall nevertheless continue to serve the remainder of the term to which he or she was elected.

(d) The board, by majority vote, may change the boundaries of the single member districts and shall reapportion the districts as required by law utilizing the principle of equal representation. Pursuant to this subsection, the board may provide for single member election districts or at-large membership districts, or both.

Section III. The Legislature, by local law, from time to time may provide for the election of the members of the Russell County Board of Education and may provide further for the operation of the board. Such local act or acts may include, but are not limited to, providing for termination of the terms of members of the existing county board of education; the composition of the county board of education; initial and succeeding terms of office, including staggered terms; qualifications; powers, duties, and responsibilities; vacancies; and compensation.

Section IV. The Russell County Board of Education shall take necessary steps to ensure this amendment complies with the Federal Voting Rights Act of 1965, as amended, before any election is conducted pursuant to this amendment.

Amendment 750

Economic Development in Baldwin County.

For the promotion of local economic and industrial development, the Baldwin County Commission and the governing body of any municipality located therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Baldwin County or the municipality.

In carrying out the purposes of this amendment, neither Baldwin County nor the municipality shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Baldwin County or by the municipality, including, specifically, any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Baldwin County or any municipality located therein shall neither lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) The action proposed to be taken by Baldwin County or the municipality is at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment approval

Amendment 751

Amendment of Amendment No. 538

Amendment No. 538

"Any provision of the Constitution of Alabama or amendments thereto to the contrary notwithstanding, the legislature by general or local law may provide for and authorize in Fayette County the incorporation of a public corporation as a political subdivision of the state to be named The Tom Bevill Reservoir Management Area Authority, for the development of that portion of North River in Fayette County and within the boundaries of The Tom Bevill Reservoir Management Area, its tributaries and watershed area, for the purposes of water conservation and supply, dam construction and reservoir development, for industrial development, flood control, navigation, irrigation, public recreation and related purposes. Any such law may provide for the composition of the board of directors of the authority and specify the powers and duties of the authority and its board of directors, may authorize the authority to investigate the resources of The Tom Bevill Reservoir Management Area, and to determine and implement the requirements for its full development and control, and to carry out a unified comprehensive program of resource development, together with other powers to effectuate the foregoing objective, may authorize the authority to acquire land and interests in land by purchase, construction, lease, condemnation or otherwise, and to hold, manage and sell such land and interests therein, may make provisions respecting the establishment and revision of rates, fees and charges for services rendered by the authority, may provide for the issuance by the authority for any of its corporate purposes of interest-bearing revenue bonds and notes payable solely out of the revenues of the authority or out of the revenues of any particular facilities and other property of the authority, without regard to the specific facilities and other property with respect to which such bonds and notes may have been issued, may provide further for certain taxes, may provide that such bonds and notes shall constitute negotiable instruments, may provide that such bonds and notes may be secured by a pledge of the revenues from which they are payable, by contracts binding the authority for the proper application of its revenues and the proceeds of such bonds and notes and by a nonforeclosable mortgage or deed of trust or statutory mortgage lien on the facilities and other property out of the revenues from which such bonds and notes are payable, and may provide that bonds and notes of the authority may be issued under a trust indenture, may provide for constructive notice of any such statutory mortgage lien, may authorize and make provisions respecting the assumption by the authority of obligations respecting facilities and other property acquired by the authority, may provide for the use of the proceeds of bonds and notes issued by the authority and provide for the refunding by the issuance of bonds and notes of the authority of bonds and notes theretofore issued or obligations theretofore assumed by it, may provide that bonds and notes issued and contracts entered into by the authority pursuant to the act shall not constitute or create a debt of the state or of any county, municipality or other political subdivision of the state, may authorize the Fayette County commission and the municipalities located within Fayette County to contribute money to the authority, without the necessity of an election and with or without consideration therefor, may exempt from all taxation in this state, the authority, its property, corporate activities, income, revenues, bonds and notes, the income from its bonds and notes, and conveyances, leases and mortgages and deeds of trust to which the authority is a party, and exempt the authority from payment of certain charges to judges of probate, it grants to the authority the power to levy and collect within the boundaries of the management area certain excise taxes, sales taxes, and ad valorem taxes, may provide that the authority shall have zoning power within the boundaries of the management area, may provide that the authority shall be exempted from regulation and supervision by the public service commission and the state department of finance, may provide for the use of public roads in the state by the authority, and may provide for certain annual reports by the authority. Notwithstanding any other provision of this constitution, the Tom Bevill Reservoir Management Area Authority may enter into contracts with and may accept grants from another authority organized pursuant to the laws of this state or federal laws and the contracts with or grants from another authority, including, but not limited to, any other authority authorized to issue general obligation bonds of this state, shall not constitute the extension of the state's credit in violation of Amendment No. 58 of the Constitution of 1901, or any other provision of this constitution or the laws of this state."

Amendment 752

Promotion of Commercial Development in City of Hartselle, Morgan County.

(a) For the promotion of local commercial development, the City of Hartselle (City) shall have, in addition to all other powers from time to time vested in or granted to it by law, full and continuing power to perform the following:

(1) Purchase, construct, lease, and otherwise acquire, and to own and develop, commercial projects, including real and personal property, buildings, facilities, machinery, and equipment of any kind whatsoever.

(2) Subject to succeeding provisions of this amendment, operate all or any part of any such project.

(3) Convey, whether by sale, lease, exchange, or otherwise, all or any part of any such project to any person, firm or corporation.

(4) Subject to succeeding provisions of this amendment, sell and issue, without any election, special or limited obligation bonds, warrants, notes, certificates of participation, or other securities of the City, for the purpose of financing the acquisition or construction of any such project, including particularly, but without limitation, the extension and installation of streets and roadways, utility services, and storm water sewers or other drainage facilities. In carrying out the purposes of this amendment, the City shall not be subject to the provisions of Section 94 of this Constitution, and neither the City nor the State of Alabama shall be subject to the provisions of Section 93 of this Constitution, in connection with the acquisition, ownership, development, operation, conveyance, or financing of any such commercial project.

(b) Nothing in this amendment shall, however, be construed to authorize the City to do any of the following:

(1) Acquire any property through the exercise of the power of eminent domain, whether for public use or for private use, otherwise than subject to, and in accordance with, all other applicable provisions of this Constitution and the general laws of the State.

(2) Operate any commercial or retail establishment, including, without limitation, any shopping center or similar facility suitable for use by two or more commercial enterprises engaged in any business, trade, profession, occupation, or activity, except that the City may operate restaurants, food and other concessions, and other incidental commercial or retail facilities, in connection with, and ancillary to, the operation by it of any of the facilities described in subsection (d).

(3) Provide electric utility service to any commercial project authorized hereunder, or within the boundaries of any "commercial development district," as defined in this amendment, except as may then be authorized by the general laws of the State.

(4) Construct or locate, or to authorize the construction or location of, any commercial project in violation of either the general laws of the state pertaining to municipal zoning and planning or any master plan or zoning regulation or plan then in effect in or for the City.

(c) Nothing in this amendment shall be construed either to exempt from state or local property taxation any real or personal property that is owned, or is treated for federal income tax purposes as being owned, by one or more individuals, partnerships, or for-profit corporations, and that is otherwise subject to such taxation under the general laws of the state, or to subject to state or local property taxation any real or personal property of the City that is otherwise exempt from taxation pursuant to either Section 91 or Section 217 of this Constitution.

(d) Any commercial project authorized hereunder shall be located entirely within the corporate limits of the City. Any such project may include any land or interest therein, any building or other improvement thereon, and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, including, without limitation, any of the following:

(1) Any hotel, motel, conference center, meeting center, or convention facility, including, without limitation, facilities for meetings, auditoriums, exhibition halls, facilities for food preparation and serving, and facilities suitable for rental to persons engaged in any business, trade, profession, occupation, or activity, and administrative offices in connection therewith, but excluding specifically any home, apartment, town house, or condominium for residential purposes, and any public dormitory or student housing facility for any institution of higher learning.

(2) Any shopping center or similar facility suitable for use by two or more commercial enterprises engaged in any business, trade, profession, occupation, or activity.

(3) Any amusement park or entertainment facility, any recreational or athletic facility, and all buildings, facilities and improvements incident thereto or useful in connection therewith, including, without limitation, athletic fields, beaches, docks and marinas, and boating facilities.

(4) Any stadium, baseball field or park, arena, grandstand, auditorium, meeting hall, pavilion, amphitheater, or center for cultural entertainment, music, drama, exhibitions and exhibits, and any administrative building in connection therewith.

(5) Any infrastructure improvements of any sort, including, without limitation, parking facilities available for use in connection with any building, facility or property described hereinabove, electric, water, natural gas, and sanitary sewer utilities, storm water sewers and other drainage facilities, and public or private streets, roads, and parking facilities. It is expressly provided, however, that no commercial project authorized hereunder may include any facility or location for casino gambling or any other game of chance, or any facility or location for the conduct of any lottery or other similar enterprise, so long as such lottery or other enterprise is prohibited by other applicable law.

(d) Nothing in this amendment shall be construed to amend, modify, alter, or repeal the provisions of Amendment 599 to this Constitution, respecting the operation of bingo games in Morgan County.

(e) Prior to exercising any powers herein granted to the City with respect to a commercial project authorized hereunder, the governing body of the City, by ordinance or resolution, shall establish a "commercial development district" consisting of the site of such project and such geographic area contiguous thereto as may be described in such ordinance or resolution, and provide a legal description of the boundaries of such district; provided, that every such district shall be located entirely within the corporate limits of the City.

(f) Any securities issued under the authority of this amendment with respect to a commercial project authorized hereunder must be made payable solely out of, and shall be secured solely by a pledge of, (I) the amount by which (A) the proceeds of any municipal sales and use taxes collected by the City in each of its fiscal years, in or with respect to the commercial development district in which such project is situated, exceeds (B) the proceeds of such sales and use taxes collected by the City in or with respect to such district in the fiscal year of the City immediately preceding the fiscal year in which such district was established or such lesser portion of any such tax proceeds as may be specified by the governing body of the City in the proceedings of such governing body under which such securities are authorized to be issued.

No such securities, and no contract made by the City in connection with any commercial project authorized hereunder, whether or not such contract is made under the authority of this amendment, and whether or not any agreement or obligation for the payment of money under such contract is payable out of proceeds of the sales and use taxes, shall be considered indebtedness of the City within the meaning of Section 225 of this Constitution or bonds of the City within the meaning of either Section 222 or Section 104(17) of this Constitution.

(g) The City may apply the proceeds of any such securities for any or all of the following purposes:

(1) Pay costs of any project authorized hereunder.

(2) Fund any reserve fund established in connection with an issue of such securities if the City deems the establishment of such reserve fund to be necessary and desirable.

(3) Pay costs of obtaining credit enhancement for such securities.

(4) Pay costs of issuing such securities.

(5) Pay interest accruing on such securities prior to, during and for a period of not exceeding twelve months following the estimated completion of the acquisition or construction of such project.

(6) With respect to any refunding securities issued pursuant to the provisions of this amendment, pay debt service on, and the redemption price of, any securities to be refunded.

(h) The City may at any time and from time to time issue refunding securities for the purpose of refunding any other securities, including, without limitation, other refunding securities, issued pursuant to the provisions of this amendment and then outstanding, whether such refunding shall occur before, at or after the maturity of the securities to be refunded, and such refunding securities shall be governed by the provisions of this amendment as and to the same extent applicable to securities authorized hereinabove.

(i) All securities issued by the City under the authority of this amendment shall be sold at public or private sale, as the governing body of the City may determine; provided, that refunding securities issued hereunder may be issued in exchange for the instruments evidencing the securities to be refunded or they may be sold and the proceeds thereof applied to the purchase, redemption or payment of such instruments.

(j) This amendment shall be self-executing, and no further authorization from the Legislature shall be a prerequisite to the validity of any securities issued hereunder; but notwithstanding any contrary provision of either Section 104 or Section 105 of this Constitution, the Legislature shall have the power to enact general, special, or local laws supplemental hereto or in furtherance of the purposes hereof; provided, that no such special or local law shall be subject to the provisions of Section 106 of this Constitution.

(k) Notwithstanding any contrary provision of either Section 284 of this Constitution or Amendment 555 to this Constitution if the election on the ratification of this amendment is held on the date specified in the act of the Legislature under which this amendment was proposed for ratification, and all other applicable requirements of this Constitution, including, without limitation, Amendment 555, with respect to such election are satisfied in accordance with their respective terms.

Amendment 753

Costs and Charges of Courts in Conecuh County.

(a) In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution including, without limitation, Sections 96, 104, and 105, there shall be an additional forty dollars ($40) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court, district court, or any municipal court in Conecuh County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Conecuh County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail . When the costs of the new county jail have been fully paid or when the debt service on any indebtedness incurred by the county commission to finance or refinance the costs have been retired, whichever occurs later, the additional fees authorized by this amendment shall continue to be collected in all cases and shall be used to pay costs of the operation, upkeep, and maintenance of a new county jail . This amendment shall be self-executing and shall require no enabling legislation.

(b) All special court fees that the county has been authorized to collect and has in fact collected since April 1998, for any purpose, may be allocated retroactively to the purpose established in subsection (b).

Amendment 754

Phase-out of Supernumerary Programs in Pickens County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Pickens County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Pickens County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Pickens County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include, subject only to express limitation, any person holding an office that entitles the person to participate in a supernumerary program and includes any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, constable, legislator, school board member, or any official elected from a judicial circuit.

Amendment 755

Phase-out of Supernumerary Programs in Tuscaloosa County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Tuscaloosa County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Tuscaloosa County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Tuscaloosa County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 756

Enforcement of Traffic Laws in Shelby County.

In Shelby County, the Legislature, by local law, may provide for the enforcement of traffic laws on private roads in private gated communities in the county.

Amendment 757

Promotion of Economic and Industrial Development in Barbour County.

For the promotion of local economic and industrial development, the Barbour County Commission and the governing body of any municipality located therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Barbour County or the municipality.

In carrying out the purposes of this amendment, neither Barbour County nor the municipality shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Barbour County or by the municipality, including, specifically, any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

Barbour County or any municipality located therein shall not lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) The action proposed to be taken by Barbour County or the municipality is at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in a newspaper or newspapers having a general circulation in the county or in the municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Amendment 758

Jurisdiction of Judge of Probate in Shelby County.

The Judge of Probate of Shelby County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Shelby County if the judge of probate is licensed to practice law in the State of Alabama. In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects in the same manner as a case filed in circuit court. The Alabama Rules of Civil Procedure shall apply in the cases except as otherwise specifically provided by law. This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment if needed.

Amendment 759

Promotion of Economic and Industrial Development in Certain Counties.

For the promotion of local economic and industrial development, the governing body of Baldwin, Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale.

In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.

The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.

This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.

Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:

(a) The price be approved at a public meeting of the governing body of such county or municipality; and

(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and

(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.

Amendment 760

Phase-out of Supernumerary Programs in Hale County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Hale County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Hale County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Hale County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 761

Promotion of Economic and Industrial Development in Etowah County.

Promotion of Economic and Industrial Development in Etowah County and any Municipality Located Therein.

(a) For the promotion of local economic and industrial development within Etowah County and any municipality located therein, any other provisions of law or the Constitution of Alabama of 1901 notwithstanding, the county and any municipality located therein shall have, without an election, full and continuing power to do any or all 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, transfer, or 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 lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.

(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 or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 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) 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 be issued upon the full faith and credit of Etowah County or such municipality or may be limited as to the source of their payment.

(6) To create a public authority, corporation, agency, or board having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Etowah County or such municipality may impose, by approving and filing a certificate to that effect in the office of the Judge of Probate of Etowah County or the Secretary of State, or their respective successors in function, and to delegate to such public authority, corporation, agency, or board and its board or governing body all powers and authority conferred in this amendment upon the governing body of Etowah County or such municipality.

(7) To delegate all powers and authority conferred in this amendment upon the governing body of Etowah County or such municipality to an existing public authority, corporation, agency, or board having similar powers to those provided herein, which public authority, corporation, agency, or board is managed and governed by a board or governing body and is subject to such limitations as the governing body of Etowah County or such municipality may have imposed or, subsequent to the ratification of this amendment, may impose.

(b) The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and are not in derogation of, the powers otherwise granted by law or the Constitution of Alabama of 1901, to the governing body of Etowah County or such municipality, or to any public authority, corporation, agency, or board created or approved thereby pursuant to the laws of this state and the Constitution of Alabama of 1901, and nothing in this amendment shall be deemed to have repealed any powers of the governing body of Etowah County or such municipality or any such public authority, corporation, agency, or board that have previously been granted to the governing body of Etowah County or such municipality or any such public authority, corporation, agency, or board including, without limitation, those contained within Amendment No. 429 to the Constitution of Alabama of 1901.

(c) 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 shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of Etowah County or such municipality for the purpose of determining the borrowing capacity of Etowah County or such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901.

(d) In carrying out the purposes of this amendment, neither the governing body of Etowah County, such municipality, nor any public authority, corporation, agency, or board delegated the powers set forth herein, shall be subject to the provisions of Section 93 or Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, 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 such general, special, or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.

Amendment 762

Amendment to Amendment No. 648.

Amendment No. 648 to the Constitution of Alabama of 1901, is amended to read as follows:

Amendment No. 648.

"No elected Mobile County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Any elected Mobile County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. An elected Mobile County official holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected Mobile County official" shall mean any person elected to a full-time Mobile County office, including the sheriff, and shall include any person appointed to serve the remaining term of an elected county official, but shall not include a judge, district attorney, legislator, constable, school board member, any official elected from a judicial circuit, or any official who is allowed by law to participate in any other retirement system."

Amendment 763

Amendment to Amendment No. 718. Phase-out of Supernumerary Programs in Blount County; Participation in Employees' Retirement System.

Amendment No. 718.

No elected or appointed Blount County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Blount County official, including the sheriff, may participate in the Employees' Retirement System upon the same terms and conditions as may be specified by law for any other employee in the same retirement system; provided, the official shall forego the assumption of a supernumerary office. Blount County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, that costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, shall be the responsibility of the official making the purchase. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 764

Phase-out of Supernumerary Programs in Monroe County; Participation in Employees' Retirement System.

No person elected or appointed sheriff, or any elected or appointed Monroe County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff and elected or appointed Monroe County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Monroe County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. The sheriff at the time of ratification of this amendment shall not be prohibited from receiving the benefits of vested contributions made prior to his or her election if he or she chooses the supernumerary program. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 765

Amendment to Amendment No. 649.

Amendment 649 of the Constitution of Alabama of 1901, is amended to read as follows:

"(a) In addition to all other ad valorem taxes levied, the Pickens County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1998, an ad valorem tax on all taxable property, located in Pickens County at a rate of three mills per dollar of assessed value of the taxable property. The proceeds of the tax levied pursuant to this amendment shall be paid into the county general fund and distributed for the benefit of fire protection only.

"(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Pickens County Volunteer Firefighters' Association. The county association shall divide the funds equally among all eligible volunteer fire departments, collectively, and the Pickens County Volunteer Firefighters' Association at each bimonthly meeting of the county association. The county association may establish rules regarding the transfer, investing, accounting, and handling of the funds.

"(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Pickens County that is certified under the guidelines of the Alabama Forestry Commission, shall have at least an ISO class 9 rating, and is a member in good standing of the Pickens County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department.

"(d) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.

"(e) The personnel of eligible volunteer fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of eligible volunteer fire departments."

Amendment 766

Organization and Promotion of Shrimp and Seafood Industry.

The Legislature, by general law, may provide for the promotion of the production, distribution, improvement, marketing, use, and sale of shrimp and seafood. The Legislature may provide for the promotion of shrimp and seafood and shrimp and seafood products by research, education, advertising, and other methods, and the Legislature is further authorized to provide the means and methods for the financing of any promotional activity by prescribing a procedure whereby producers of shrimp and seafood by referendum among such producers levy upon themselves and collect assessments, fees, or charges upon the sale of shrimp and seafood for the financing of any promotional program or activity in cooperation with buyers, processors, dealers, distributors, and handlers of shrimp and seafood. The Legislature may make provisions for the nonpayment of assessments by shrimp and seafood producers and shall make provisions for the refund of assessments to any handler of shrimp or seafood 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 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 shrimp and seafood products to administer and carry out such promotional program which shall include the conducting of elections or referendums among producers of shrimp and seafood. The Legislature may provide the manner by which the 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 an application, and the requirements and eligibility of the association or organization which will conduct the 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 the association or organization is bonded, for the examination and auditing of the 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 and shall be satisfied by the application of the program upon shrimp or seafood.

Amendment approval

Amendment 768

Amendment to Amendment No. 631. Phase-out of Supernumerary Programs in Clarke County; Participation in Employees' Retirement System.

Amendment No. 631.

"No elected Clarke County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established the particular supernumerary program. Any elected Clarke County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. An elected Clarke County official holding office at the effective date of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the elected county official has served in the current office; provided, however, the elected county official shall forego the assumption of a supernumerary office. For purposes of this amendment, the term "elected Clarke County official" shall mean any person elected to a Clarke County office, and shall include any person appointed to serve the remaining term of an elected county official, but shall not include a judge, district attorney, legislator, constable, board of education member, any official elected from a judicial circuit, or any official who is allowed by law to participate in any other retirement system."

Amendment 769

Alabama Foreign Trade Investment Zone in City of Tuskegee, Macon County.

(a) The governing body of the City of Tuskegee in Macon County, Alabama, by a majority vote thereof at a regularly scheduled meeting of the governing body, may establish an Alabama Foreign Trade Investment Zone within the city as a special tax district for the purpose of importing duty free and quota free articles eligible under the United States General System of Preferences and the Africa Growth and Opportunities Act to enhance economic development and job opportunities within the City of Tuskegee and Macon County. The governing body of the City of Tuskegee shall specify that the value of land and improvements within the tax district shall be assessed for ad valorem tax purposes by the appropriate county tax officials according to a single site valuation system where land and improvements on the land are valued together rather than separately and taxed at a uniform rate. The proceeds of any revenue collected pursuant to this amendment shall be used by the special tax district for infrastructure creation, improvements, or redesign.

(b) The Legislature may provide by local law for the implementation and administration of the special tax district authorized by this amendment and may further provide for the abolition of the tax district upon the adoption of a resolution by a majority vote of the city governing body calling for the tax district to be abolished.

Amendment 770

Bonds for Land and Capital Improvements in Mobile County.

In addition to all other bonds authorized under the amendment to the Constitution known as Amendment 18, as previously amended, and as it may hereafter be amended, Mobile County may at any time and from time to time issue its bonds for the acquisition and improvement of land and for acquisition, construction, installation, and equipping, or any of them, of capital improvements in said county. Such capital improvements may include any type of capital projects the acquisition, improvement, construction, installation, and equipping of which is within the powers of the county. Provided, that any bonds may be issued hereunder 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. 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 issue 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, plans and reports respecting the proposed work on any capital improvements and 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 location and, as to any road project, the length, 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. The adoption of any such resolution prior to the ratification of this amendment, and the submission of any one or more propositions for approval by the voters of the county on the same day on which this amendment is presented for ratification, is hereby ratified and approved.

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 special tax authorized by Amendment 18, as such amendment has been amended from time to time, 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. 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.

Bonds may be issued under this amendment in one or more series and may be sold at either public or private sale in such manner, at such price or prices and at such time or times as may be determined by the governing body of the county to be most advantageous. The principal of each series of bonds issued under this amendment shall mature not later than thirty (30) years after the date of the bonds of that series and otherwise may mature in such amounts during each fiscal year without regard to the limitations set forth in the amendment to the Constitution known as Amendment 152; provided, that the maturities of each series of bonds issued under this Amendment shall be arranged so that 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 aforesaid 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 the state 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.

The total principal amount of bonds at any time issued hereunder, when added to the principal amount of all then outstanding bonds theretofore issued hereunder and of all the 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. 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.

So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of the county shall continue the levy of the aforesaid 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 said 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 said special tax shall not exceed the rate at which the county may levy the special tax as fixed under the amendment to the Constitution known as Amendment 447, except to the extent that the said rate may be increased pursuant to provisions of this Constitution hereafter adopted.

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.

Amendment 771

Phase-out of Supernumerary Programs in Madison County; Participation in Employees' Retirement System.

No elected or appointed Madison County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Madison County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Madison County officials holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Madison County official" include, subject only to express limitation, any person elected to represent Madison County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Madison County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.

Amendment 772

Promotion of Economic and Industrial Development by County Commission.

(a) The governing body of any county, and the governing body of any municipality located therein, for which a local constitutional amendment has not been adopted authorizing any of the following, shall have full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire real property, buildings, plants, factories, facilities, machinery, and equipment of any kind, or to utilize the properties heretofore purchased or otherwise acquired, and improve and develop the properties for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve the sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any real property, buildings, plants, factories, facilities, machinery, and equipment of any kind or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of the county or the municipality.

(4) Become indebted and issue 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 50 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) or to be used in furtherance of any of the other powers or authorities granted in this amendment. The obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any municipality or may be limited as to the source of their payment.

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 shall be conclusive, and no purchaser or holder thereof need inquire further. 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 for the purpose of determining the borrowing capacity of the county or municipality under this Constitution.

(b) In carrying out the purpose of this amendment, neither the county nor any municipality located therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by the county or by any municipality located therein, including specifically any industrial development board incorporated under Article 4 of Chapter 54 of Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A of Title 11 of the Code of Alabama 1975, and the Shoals Economic Development Authority enacted under Act No. 95-512, 1995 Regular Session, are validated and the powers granted to the board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted by this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

(c) Neither the county nor any municipality located therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto both of the following are satisfied:

(1) The action proposed to be taken by the county or municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by the governing body that the expenditure of public funds for the purpose specified will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(2) At least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by the action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value.

For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

Nothing in this amendment shall authorize the county commission to own or operate a cable television system.

(d) This amendment shall have prospective application only. Any local constitutional amendments previously adopted and any local law enacted pursuant to such amendment shall remain in full force and effect.

Amendment approval

Amendment 773

Form of Government.

Amendment 144 of the Constitution of Alabama of 1901, relating to Colbert County, is repealed.

Amendment 774

Sanctity of Marriage Amendment.

(a) This amendment shall be known and may be cited as the Sanctity of Marriage Amendment.

(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.

(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.

(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.

(g) A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.

Amendment approval

Amendment 775

Sheriff - Employees

Effective the first day of the sixth month after the date of the election on the ratification of this amendment, employees of the Office of the Sheriff of Blount County, except for the chief deputy and chief clerks, are subject to the authority of the Merit System Board of Blount County, or its successor.

Amendment 776

Retirement.

Amendment No. 632 of the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Cleburne County, Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

Amendment No. 632.

" No elected or appointed Cleburne County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Cleburne County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Cleburne County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Cleburne County official" include, subject only to express limitation, any person elected to represent Cleburne County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Cleburne County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit."

Amendment 777

Retirement.

Amendment No. 630 of the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Cherokee County, Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

Amendment No. 630.

" No elected or appointed Cherokee County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Cherokee County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Cherokee County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Cherokee County official" include, subject only to express limitation, any person elected to represent Cherokee County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Cherokee County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit."

Amendment 778

Minimum ad valorem tax rate for general school purposes.

(a) There is hereby authorized and there shall be levied and collected for general public school purposes, for the ad valorem tax year commencing October 1, 2006, and for each ad valorem tax year thereafter, in each school district of the state, in addition to all other taxes, a special ad valorem school property tax at a rate equal to the difference between ten dollars on each one thousand dollars of taxable property in such district and the sum of the rates per thousand of all the ad valorem property taxes described in Section (b) hereof otherwise levied and collected for general public school purposes in such school district and required or permitted by the terms of this amendment to be taken into account for purposes of determining the rate of said tax. The County Commission or other like governing body of each county in the State is hereby directed to compute and determine annually the rate or rates of, and to levy and collect in and for the benefit of each school district within such county, the additional ad valorem property tax authorized hereby, in compliance with the provisions of this amendment. The proceeds from said tax shall not, any provisions of any law or of this constitution to the contrary notwithstanding, be subject to any fees, charges or commissions for assessment or collection by any person whatever, it being the intent hereof that the full amounts of the proceeds of said tax collected shall be used for general public school purposes.

(b) The following described ad valorem property taxes, to the extent the use of the proceeds thereof is not lawfully restricted, earmarked or otherwise designated for a purpose or purposes more particular than general public school purposes, now or hereafter levied and collected in each school district of the State, shall be taken into account annually in determining the rate of the tax required to be levied each year pursuant to the provisions of Section (a) of this amendment:

(1) countywide ad valorem property taxes levied and collected for public school or educational purposes under the provisions of Section 269 of, or Amendments 3 or 202 [§§269.01 through 269.04] to, the Constitution of Alabama of 1901 or any amendment thereto adopted subsequent to the adoption of this amendment similarly authorizing the levy of such taxes,

(2) countywide ad valorem property taxes levied and collected for public school or educational purposes,

(3) that portion, expressed as an ad valorem tax millage rate, of any local countywide ad valorem property tax or taxes levied and collected in any county of the state for general purposes that is paid or required to be distributed to or used for the benefit of the respective public school system or systems of the county to which the school district has reference, and that is designated by official action of the taxing authority levying the same as creditable for purposes of Section (a) of this amendment, provided that any such portion of such tax once so designated may not thereafter be designated for other than general school purposes and shall be recorded as a school tax that may be levied and collected without limit as to time,

(4) school district ad valorem property taxes levied and collected under the provisions of Amendments 3 or 382 to the Constitution of 1901 [§§269.01 through 269.04], or the provisions of any constitutional amendment applicable only to the county (or part thereof) in which the school district is located authorizing the levy of an ad valorem property tax in the school district, and

(5) any ad valorem property taxes otherwise levied by and collected in any municipality of the state for public school purposes the proceeds of which are paid or required to be used for the benefit of the school system of such municipality, and that are designated by the taxing authority levying the tax as creditable for purposes of Section (a) of this amendment, provided that any such tax once so designated may not thereafter be designated for other than general school purposes and shall be recorded as a school tax that may be levied and collected without limit as to time.

(c) Each local taxing authority in the State levying ad valorem property taxes for public school purposes shall annually notify the Alabama Department of Revenue, the Alabama State Superintendent of Education, and the Director of Finance of all ad valorem property taxes so levied by such authority for school purposes (including the tax authorized to be levied hereby), of the authority under which such taxes were levied and collected, the provisions of any referendum at which they were approved pertaining to the rates thereof, the time they are to continue, the purposes for which they were approved, and the particular constitutional authority under which they were submitted for referendum, if applicable.

(d) The levy and collection of the additional ad valorem property tax authorized and required to be levied and collected pursuant to the provisions of this amendment shall not affect or reduce any authorization heretofore or hereafter otherwise existing for the levy of any school district or countywide ad valorem property tax or taxes, whether such levy is subject to approval by the qualified electors of the jurisdiction in which the tax may be levied at a referendum election or otherwise.

(e) The tax levied pursuant to this amendment may be pledged for payment of any debt obligations incurred for public school purposes for which any other ad valorem property tax levied in the school district in which the tax is levied is or may be pledged for repayment. No provision of this amendment shall affect or impair the validity of any pledge of any local ad valorem property tax heretofore or hereafter made for the payment of any indebtedness of any type whatever.

(f) Any provision of the Constitution of Alabama of 1901, as amended, to the contrary notwithstanding, all ad valorem property taxes for public school or education purposes in the state of Alabama the levy of which has been approved by a majority vote of the appropriate electorate prior to the ratification of this amendment by the qualified electors of the State, and the levy and collection of any such tax from the date of the initial levy thereof, are hereby authorized, ratified and confirmed regardless of any statutory or constitutional defects, mistakes, errors or ambiguities in the authorization or levy thereof or the election thereon, or in any act of the Legislature with respect thereto; provided, however, that the authorization, ratification and confirmation effected by this Section (f) shall not be applicable to any tax the validity of which was being challenged in appropriate judicial proceedings in any proper court on the date of final passage of the act of the legislature pursuant to which this amendment was proposed.

Amendment approval

Amendment 779

Court Costs.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Autauga County and provide for their distribution.

Amendment 780

Judicial Commission.

All vacancies in the office of judge of the circuit court and the office of judge of the district court holding in Baldwin County shall be filled in the manner and for the time as herein provided.

The Baldwin County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be one person who is a member of the Alabama State Bar nominated by the Baldwin County Bar Association, the presiding circuit judge holding in Baldwin County, one member selected by the Baldwin County Commission, one member selected by the Baldwin County Mayors' Association where at least two thirds of the members are in attendance at the meeting where the selection is made, and one member who is not a member of the Legislature selected by the Baldwin County Legislative Delegation selected by random selection as designed by the members of the Alabama House of Representatives and the Alabama Senate who represent Baldwin County.

All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Baldwin County.

Only the member selected by the Baldwin County Bar Association and the presiding circuit judge holding in Baldwin County may be a member of the Alabama State Bar. The member of the commission who is required to be a member of the Alabama State Bar shall be elected by the members of the Baldwin County Bar Association 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 Baldwin County. The Executive Committee of the Baldwin County Bar Association, or its successor body in that capacity, shall make rules, not inconsistent with this amendment, for the election of the member of the commission required to be a member of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Baldwin County the name of the person elected as member of the commission by these members of the bar.

The presiding circuit judge holding in Baldwin County shall certify in writing to the Judge of Probate of Baldwin County the remaining names of the persons selected as members of the commission.

The terms of office of all members of the commission shall be six years. In event that an initial appointment or vacancy is not filled in 30 days, the vacancy shall be filled by the members of the Baldwin County Legislative Delegation residing in Baldwin County within 10 days. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.

The Judge of Probate of Baldwin County shall record all certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.

No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.

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

If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Baldwin County, the commission shall nominate within 30 days to the Governor three persons having the qualifications for the office. If the commission fails to nominate three names during the 30-day period, the names shall be selected by the members of the Baldwin County Legislative Delegation residing in the county within 10 days. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, 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 the office until the next general election for any state officer held at least six months after the vacancy occurs and until a successor is elected and qualified. At the general election, the judicial office shall be filled for a full term of office to commence on the first Monday after the second Tuesday in January following the general election.

Amendment 781

Wastewater Utilities.

(a) This amendment shall apply only in Baldwin County.

(b) For the purpose of this amendment, the following terms have the following meanings:

(1) WASTEWATER SYSTEM. A system of pipes, lines, meters, pumps, equipment and facilities, all or part of which are located in the unincorporated areas of Baldwin County and which are owned or operated by a wastewater utility, as defined herein, for the collection, treatment, and disposal of wastewater from homes, schools, businesses, and other entities in which solids, sewerage, nonhydrocarbon greases, and oils are collected for treatment or where wastewater is collected for disposal. Individual septic tank systems, decentralized or cluster facilities as defined by general law, and all portable toilets are expressly excluded from the definition of the term "wastewater system."

(2) WASTEWATER UTILITY. The owner or operating entity of a wastewater system, whether privately owned or publicly owned, including privately owned wastewater systems, municipally owned wastewater systems, and wastewater systems owned by or through boards or other entities established by municipal corporations or as otherwise provided by state law.

(3) WASTEWATER. Solids, sewerage, nonhydrocarbon greases, and oils.

(c) The Legislature may by general or local law provide for the regulation of wastewater utilities, whether privately owned or publicly owned, in the unincorporated area of the county. The regulation may include uniform minimum standards for the design, placement, construction, operation, and maintenance of wastewater systems and the regulation of the establishment of reasonable and just rates for consumers and the wastewater utilities. In the case of uniform minimum standards established within any extraterritorial jurisdiction of a municipality, the standards established pursuant to the authority granted in this amendment shall apply. Any minimum standard adopted pursuant to this amendment shall not apply to any part of a wastewater system installed or permitted prior to the effective date of the standard unless it is determined necessary for the protection of the public health and welfare and the environment of Baldwin County. All laws, rules, regulations, construction standards, and specifications regulating wastewater systems and wastewater utilities shall be non-discriminatory and apply equally to all wastewater systems and wastewater utilities operating or located within the unincorporated areas of the county.

(d) The Legislature may authorize the levy of taxes or fees in an amount not to exceed five percent of the gross receipts from the connection, collection, and treatment revenues collected from customers of wastewater utilities in the unincorporated area of the county to be used for the purposes of the administration of regulation adopted pursuant to this amendment.

(e) The Legislature may provide for the mandatory connection to wastewater systems where service is reasonably available and where it is in the best interest for the protection of the public health and welfare and the environment of Baldwin County.

(f) The Legislature by general or local law may authorize the exercise of the power of eminent domain for the construction of wastewater utilities in the county.

Amendments

  • Amended by Amendment 810.

Amendment 782

Baldwin County: Tax - Senior Discount.

(a) In Baldwin County, a qualified taxpayer may claim a senior discount on his or her ad valorem taxes. A qualified taxpayer shall meet all the following requirements to be eligible for the senior discount:

(1) Be age 65 or older for the tax year for which he or she claims the discount.

(2) Shall have maintained the property on which the senior discount is claimed as his or her principal place of residence for at least 10 years prior to claiming the senior discount.

(b) The senior discount provided for herein shall be the difference between the ad valorem taxes otherwise due and the ad valorem tax imposed on October 1, 2006. The senior discount shall be claimed in the manner that a homestead exemption is claimed.

(c) The Alabama Department of Revenue shall promulgate such rules as are necessary for the implementation and administration of the provisions of this amendment.

Amendments

  • Amended by Amendment 802.

Amendment 783

Home Rule.

Section 1. Limited Home Rule.

(a) Except as herein provided, the Baldwin County Commission may adopt ordinances, resolutions, or regulations relating to its property, affairs, and county government for which no provision has been made by general law and which is not inconsistent with this constitution or any local law enacted by the Alabama Legislature. Notwithstanding the general grant of power in the preceding sentence, the Baldwin County Commission may not establish or levy any new tax or raise revenue except as authorized by this constitution or by general or local law enacted by the Legislature of the State of Alabama.

(b) The Baldwin County Commission, in the adoption of ordinances, resolutions, regulations, or amendments to such ordinances, resolutions, or regulations implementing the provisions of this amendment, shall provide for public notice and hearings as follows:

(1) The county commission shall hold two advertised public hearings on the proposed ordinance, resolution, or regulation or any amendment to ordinances, resolutions, or regulations at regularly scheduled meetings of the commission.

(2) The required advertisement shall be no less than one-eighth page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 14 point. This advertisement shall be placed in both that portion of the newspaper where legal notices and classified advertisements appear and in the other portion of the newspaper. The advertisement shall be published in newspapers of general paid circulation in the county and of general interest and readership in the community. In addition, the advertisement may be placed on a website.

(3) An ordinance may not be considered for adoption until the next regularly scheduled meeting of the county commission after the public hearings provided for above.

(c) Every ordinance of the Baldwin County Commission shall embrace only one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended section, subsection, or paragraph of a subsection. The enacting clause of every ordinance shall read: "Be It Ordained by the County Commissioners of Baldwin County."

(d) The Baldwin County Commission shall maintain a current codification of all ordinances. The codification shall be updated at least annually. All ordinances shall be available to the public at the main courthouse and at all satellite courthouses. A reasonable charge may be made for the copies but the charges shall not exceed the actual costs incidental to providing the copies. In addition, the county commission may post the ordinances on the Internet.

(e) The Baldwin County Commission may fix the salaries, compensation, expenses, and other benefits and terms of employment of those employed by the Baldwin County Commission, not to include any employee of the sheriff subject to Amendment 717 of this constitution, now appearing as Section 9, Local Amendments, Baldwin County, Official Recompilation of the Constitution of Alabama of 1901, as amended, and establish and maintain retirement or pension systems, insurance, workers' compensation, hospitalization, and medical benefits for those employees as well as the employees of the Baldwin County Legislative Office. The Baldwin County Commission may employ a county administrator and other professional staff as it deems appropriate to be authorized and directed to perform any applicable management and administrative function associated with the management of county property and services.

Section 2. Supplementary powers.

(a) The Baldwin County Commission, in addition to, and supplementary of, all powers possessed by or conferred upon Baldwin County or otherwise provided by general law, may by ordinance or resolution exercise the following powers, and provide and regulate the following services, activities, programs, and facilities related thereto:

(1) Garbage and solid waste collection and disposal.

(2) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and control of dangerous animals and animal nuisances not related to agricultural activities, operations, or practices.

(3) Public street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic. Any construction and maintenance performed or authorized to be performed by county government shall be performed in accordance with engineering standards and shall be inspected to insure enforcement and compliance.

(4) Parks, recreational areas, programs, and facilities.

(5) Storm water management.

(6) Development, storage, treatment, purification, and distribution of water.

(7) Public housing, public buildings, and parking facilities.

(8) Public transportation.

(9) Libraries, archives, and arts and sciences programs and facilities.

(10) Economic development and tourism initiatives, developments, and projects.

(11) Adoption and enforcement of codes, including building, housing, plumbing, and electrical codes for the protection of the public.

(12) Litter, trash, and rubbish regulation and control on public roads, streets, or highways, or on or in public buildings, public parks, and public properties.

(b) Unless otherwise provided by an act of the Legislature in effect upon ratification of this amendment or unless otherwise provided by general law, Baldwin County may not exercise any of the supplementary powers listed in subsection (a) or provide any service listed therein inside the corporate limits of any municipality or within any other county, except by contract with the municipality, or county affected.

Section 3. Eminent domain.

The Baldwin County Commission may exercise the power of eminent domain as is authorized by general law and this constitution.

Section 4. Liability.

The Legislature may waive or limit the liability of Baldwin County by law.

Section 5. Debt limitation.

The debt incurred by Baldwin County, including debt incurred on behalf of any special district, may never exceed that authorized by general law or by the constitution.

Section 6. The Baldwin County Commission may provide for civil penalties for violations of its ordinances, rules, or regulations. Civil penalties set by the county commission may not exceed the average of those penalties set by the municipalities of Baldwin County which have adopted penalties for the same or similar offense. In case no municipality has set a penalty for an offense, the penalty shall be the same as provided for by general law.

Section 7. The powers granted to the Baldwin County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters:

(1) Action affecting any elective county office and the salaries thereof, except as provided by general law.

(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the Baldwin County Commission, except as provided by local or general law or by the constitution.

(3) Action defining any criminal offense or providing for criminal punishment beyond that authorized by local or general law or by the constitution.

(4) Action extending the power of regulation over any business activity subject to regulation by the Alabama Public Service Commission or any other state agency beyond that authorized by local or general law or by the constitution.

(5) Action affecting the exercise of the power of eminent domain beyond that authorized by local or general law or by the constitution.

(6) Action affecting any court or the personnel thereof.

(7) Action affecting any public school system unless requested by the board of education of the school system.

(8) Action enabling pari-mutuel betting or any pari-mutuel betting facility, gaming or gaming devices, or any gambling.

(9) Action affecting in any manner the boundaries, revenues, powers, obligations, indebtedness, or government of a municipality.

(10) Action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.

(11) Action affecting agricultural and silvicultural activities, operations, or practices.

(12) Action affecting sanitary sewage collection and treatment until further authorized by the general laws of this state, or by local law.

Section 8. Nothing in this amendment shall be construed to permit the Baldwin County Commission to redistrict itself, except as provided by general law, or establish the number of commissioners or number of commission districts.

Section 9. The Legislature, by local law, may provide for the further implementation and administration of the provisions of this amendment upon request of the county commission.

Amendment 784

Retirement.

No sheriff or elected or appointed Butler County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every sheriff or elected or appointed Butler County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. The sheriff and other Butler County officials holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Butler County official" include, subject only to express limitation, (1) any person elected to a public county office by the electors of Butler County at a general or special election; (2) any person holding an office that entitles the person to participate in a supernumerary program; or (3) any person appointed to serve the remaining term of an elected Butler County official. The words do not include a judge, district attorney, legislator, constable, coroner, school board member, or any official elected from a judicial circuit.

Amendment 785

Salaries - Judge of Probate.

Repealed by Amendment 785.

Amendment 786

Retirement.

No person elected or appointed sheriff or any elected or appointed DeKalb County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed DeKalb County official including the sheriff may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. DeKalb County officials holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed DeKalb County official" include, subject only to express limitation, any person elected to represent DeKalb County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed DeKalb County official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 787

Fire Protection - Levy of Fees.

(a) The Legislature may from time to time by local law authorize the county governing body of Elmore County to levy and collect fees, annually not to exceed fifty dollars ($50) on each residence and one hundred dollars ($100) on each business located within the county, for fire protection services and emergency medical care, such local law may provide for the distribution of the fees to volunteer fire departments and to emergency medical technicians who are members of volunteer fire departments, or provide for the distribution of the fees to an association of volunteer fire departments to be distributed by the association for the same purposes.

(b) Act No. 92-660, H. 63, 1992 Second Special Session, a proposed, but not ratified local constitutional amendment, relating to the same subject matter, is repealed.

(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Elmore County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.

Amendment 788

Retirement.

No mayor or elected or appointed Escambia County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor or elected or appointed Escambia County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Mayors and Escambia County officials holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Escambia County official" include, subject only to express limitation, any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed Escambia County official. The words do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 789

Retirement.

No elected or appointed Geneva County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Geneva County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Geneva County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 790

Criminal Penalties.

The Lee County Commission, by ordinance or resolution, may provide criminal penalties for violations that occur within the county in addition to those provided for by state law.

Amendment 791

Sheriff - Employees.

Effective the first day of the sixth month after ratification of this amendment, employees of the Office of the Sheriff of Mobile County, except for all appointed or contract employees, shall be under the authority of the Personnel Board of Mobile County. The provisions of this amendment shall not affect the legal status of the sheriff's deputies as state constitutional officers and shall not abrogate or limit in any way any immunity from liability they enjoy pursuant to that status.

Amendment 792

Fire Protection - Garbage and Trash Disposal.

The Legislature may provide for the formation of districts in Tuscaloosa County, for establishing and maintaining a system for fighting or preventing fires or for the collection and disposal of garbage and trash or for either or both of said purposes; 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 except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; 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. The Legislature may provide for submitting to the qualified electors residing 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 except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; (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 at an election held for that purpose within the territory proposed to be added; (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 county or by an 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.

Amendment 793

Tuscaloosa County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Tuscaloosa County and provide for their distribution. Any local law authorizing the levy of additional court costs in Tuscaloosa County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 794

Court Costs - Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Tuscaloosa County and provide for their distribution. Any local law authorizing the levy of additional court costs in Tuscaloosa County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 795

Hospitals, Continued.

The special district tax now levied and collected for public hospital purposes in election precincts numbered one through seven of Baldwin County, Alabama, and authorized by law shall be continued upon approval of this constitutional amendment and by simultaneous approval of a majority of the qualified electors in election precincts one through seven of Baldwin County voting thereon in the constitutional election submitting this proposed amendment to the county electorate.

"Upon such approval, the governing body of Baldwin County shall levy and cause to be collected annually, beginning October 1, 2007, for a period of 20 years, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a special district tax of two mills on each one dollar ($1.00) 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 Alabama Constitution of 1901 [§215.037] 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.

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 act, the term "election precincts" means the election precincts or beats of the county as they existed on July 27, 1965.

This amendment shall be self-executing.

Amendment 796

Increase in bonding authority; competitive bidding.

(a) The authority granted to the State of Alabama to become indebted and to sell and issue its interest-bearing General Obligation bonds, in addition to all other bonds of the state, under Amendment 666 to the Constitution of Alabama of 1901, as amended, [§219.04] is hereby increased to an aggregate principal amount not exceeding $750 million.

(b) 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 Bond Commission, to the bidder whose bid reflects the lowest true interest cost to the State computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the commission is received all bids may be rejected.

(c) Relative to issuance expenses, contracts and appointments incurred in connection with the issuance of bonds, the Bond Commission created in Section IX of Amendment 666 to the Constitution of 1901, [§219.04] shall contract with businesses or individuals which reflect the racial and ethnic diversity of the state.

(d) In all other respects, the terms and provisions of Amendment 666 to the Constitution of Alabama of 1901, [§219.04] as amended, will be unchanged and remain in full force and effect.

Amendment approval

Amendment 797

Foreign Trade Investment Zone.

(a) The governing body of the City of Prichard in Mobile County, Alabama, by a majority vote thereof at a regularly scheduled meeting of the governing body, may establish an Alabama Foreign Trade Investment Zone within the city as a special tax district for the purpose of importing duty free and quota free articles eligible under the United States General System of Preferences and the Africa Growth and Opportunities Act or otherwise for purposes of enhancing economic development opportunities and job opportunities within the City of Prichard and Mobile County. The governing body of the City of Prichard shall specify that the value of land and improvements within the tax district, except for property within the tax district that is centrally assessed by the Alabama Department of Revenue, shall be assessed for ad valorem tax purposes by the appropriate county tax officials according to a single site valuation system where land and improvements on the land are valued together rather than separately and taxed at a uniform rate. The proceeds of any revenue collected pursuant to this amendment shall be used by the special tax district for infrastructure creation, improvements, or redesign.

(b) The Legislature may provide by local law for the implementation and administration of the special tax district authorized by this amendment and may further provide for the abolition of the tax district upon the adoption of a resolution by a majority vote of the city governing body calling for the tax district to be abolished.

(c) In addition to the foregoing, any nonprofit organization located within Mobile County may enter into contracts with any individual or corporation for operational purposes.

Amendment 798

Health care benefits for retired state and education employees.

All of the assets, proceeds, and income of the Alabama Retired State Employees' Health Care Trust and the Alabama Retired Education Employees' Health Care Trust, or any successor or assignee of the trust, and all contributions and payments made to the trustees of the trusts, shall be held, invested as authorized by law, and disbursed for the exclusive purposes of providing for administrative expenses of the respective trust and health care benefits under the management of the trustees of the respective trust in accordance with the terms of its trust agreement. None of the assets, proceeds, income, contributions, or payments shall be used, loaned, encumbered, or diverted to or for any other purpose whatsoever, except, that (a) a trust may be terminated, if the State has no obligation to provide post-employment health care benefits for which the trust was established to such persons, and, in that event, the remaining assets of the trust shall revert to the State Treasury to and for the credit of the State Employees' Insurance Board, the Public Education Employees' Health Insurance Board, or its successor or assign, as the case may be, related to the terminated trust or (b) if in response to a petition of the trustees of a trust requesting that the respective trust agreement be amended, a court of competent jurisdiction determines that the amendment proposed by the trustees is necessary or otherwise advisable to accomplish one or more purposes of the act authorizing and directing the creation of the trusts.

Amendment approval

Amendment 799

Traffic Laws - Enforcement.

In Shelby County, the Legislature, by local law, may provide for the enforcement of traffic laws on private roads in private gated communities and platted subdivisions with 35 or more existing houses whose roads are not public in the county.

Amendment 800

Pike County Court Costs.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Pike County and provide for their distribution. Any local law authorizing the levy of additional court costs in Pike County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 801

Board of Education.

Section I. The Macon County Board of Education shall be composed of five members. Four of the members shall be elected by the respective qualified electors of four separate single-member districts, which shall be the same as the districts established for the election of the members of the Macon County Commission. One of the members shall be elected at large by the qualified electors of the county.

Section II. Members of the board shall be elected to serve six-year terms of office. Members holding office at the time of the ratification of this amendment shall continue in office and exercise the duties thereof until their respective terms expire. Upon the expiration of those terms, members shall be elected for six-year terms by election district and place number as follows:

(1) One of the two memberships expiring in 2012 shall be designated as Place 1. The member elected to serve in Place 1 shall be elected from the same election district as is provided for Place 1 on the Macon County Commission.

(2) One of the two memberships expiring in 2012 shall be designated as Place 5. The member elected to serve in Place 5 shall be elected from the county at large.

(3) The membership expiring in 2008 shall be designated as Place 2. The member elected to serve in Place 2 shall be elected from the same election district as is provided for Place 2 on the Macon County Commission.

(4) One of the two memberships expiring in 2010 shall be designated as Place 3. The member elected to serve in Place 3 shall be elected from the same election district as is provided for Place 3 on the Macon County Commission.

(5) One of the two memberships expiring in 2010 shall be designated as Place 4. The member elected to serve in Place 4 shall be elected from the same election district as is provided for Place 4 on the Macon County Commission.

Section III. The Macon County Commission shall take necessary steps to ensure this amendment complies with the Federal Voting Rights Act of 1965, as amended, before any election is conducted pursuant to this amendment.

Amendment approval

Amendment 802

Tax - Senior Property Tax Appraisal.

Amendment 782.

(a) In Baldwin County, a qualified taxpayer may claim a senior property tax appraisal on his or her ad valorem taxes. A qualified taxpayer shall meet all of the following requirements to be eligible for the senior property tax appraisal:

(1) Be age 65 or older for the tax year for which he or she claims the senior property tax appraisal.

(2) Have been assessed ad valorem taxes on any property within the county used as a principal place of residence for at least 10 years prior to the year for which he or she is claiming the senior property tax appraisal.

(b) The senior property tax appraisal provided for herein shall freeze the assessed value of the property for the year prior to claiming the senior property tax appraisal. The recipient of the senior property tax appraisal shall be subject to any applicable homestead exemption and millage rate changes. Any addition to the property after claiming the senior property tax appraisal shall not be eligible for the senior property tax appraisal.

(c) The Alabama Department of Revenue shall promulgate the rules as are necessary for the implementation and administration of the provisions of this amendment.

Amendment 803

Repeal of Amendment 709.

Section I. Amendment 709 to the Constitution of Alabama of 1901, now appearing as Section 260.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is hereby repealed.

Section II. As used in this amendment, the following words and phrases shall have the following respective meanings:

"Alabama Trust Fund" means the irrevocable, permanent trust fund created by Amendment No. 450 to the Constitution of Alabama of 1901, now appearing as Section 219.02 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

"Education Trust Fund Rainy Day Account" or "General Fund Rainy Day Account" means the special accounts created by this amendment.

"Oil and Gas Capital Payment" means any payment (including any royalty payment) received by the state or any agency or instrumentality thereof as all or part of the consideration for the sale, leasing, or other disposition by the state or any agency or instrumentality thereof of any right to explore and drill for or to produce oil, gas, or other hydrocarbon minerals in any area on the water side of the high water mark of Mobile Bay or in any other offshore area and shall include any revenue by the state from federal oil and gas leases off the coast of Alabama. Any royalty or other payment, with the exception of any taxes heretofore or hereafter levied, that is based upon or determined with respect to the production of oil, gas or other hydrocarbon minerals and that is paid to the state or any agency or instrumentality thereof, regardless of the time of such payment, shall be considered an oil and gas capital payment.

Section III. (a) Within thirty days following ratification of this constitutional amendment there shall be created within the Alabama Trust Fund the Education Trust Fund Rainy Day Account and the General Fund Rainy Day Account. In any year in which the Governor certifies to the state comptroller and notifies the Legislature that proration would occur in appropriations from the Education Trust Fund or the State General Fund, the Education Trust Fund Rainy Day Account or the General Fund Rainy Day Account shall be credited with Oil and Gas Capital Payments previously transferred into the Alabama Trust Fund in the amount required to fund withdrawals from the Account of the amounts authorized by this section. However, the amount withdrawn from the Education Trust Fund Rainy Day Account in a fiscal year may not exceed six and one-half percent of the previous fiscal year's Education Trust Fund appropriations less the total amount of any prior years' withdrawals from the Account which have not been repaid to the Account, as provided for in subsections (b), (c), and (e). The amount withdrawn from the General Fund Rainy Day Account in a fiscal year may not exceed ten percent of the previous fiscal year's General Fund appropriations less the total amount of any prior years' withdrawals from the Account which have not been repaid to the Account, as provided for in subsections (b), (c), and (e). Funds from the Education Trust Fund or the General Fund Rainy Day Account may be withdrawn only to prevent proration of the appropriations from the Education Trust Fund or the General Fund. For the fiscal year beginning October 1, 2008, withdrawals shall be limited to an amount necessary to reach the highest estimated available revenue for each Fund as certified by the Finance Director and the Legislative Fiscal Officer prior to the end of the 2008 Regular Legislative Session. Beginning in the fiscal year beginning October 1, 2009, withdrawals from the Education Trust Fund Rainy Day Account and the General Fund Rainy Day Account shall be limited to an amount necessary to reach the average of the estimated available revenue for each Fund which is to be certified by the Finance Director and the Legislative Fiscal Officer prior to the third legislative day of each Regular Session. The Governor shall certify to the state comptroller and notify the Legislature that proration would occur in appropriations from the Education Trust Fund or the General Fund in accordance with this constitution. Upon the certification by the Governor, and after all other sources available to be used to offset proration have been utilized, withdrawals from the Education Trust Fund Rainy Day Account or the General Fund Rainy Day Account may be made; however, withdrawals shall be limited to the amount of the anticipated proration and funds allotted only to the extent necessary to avoid proration of appropriations from the Education Trust Fund or the General Fund as limited by this section. In the event funds are withdrawn from the Education Trust Fund or the General Fund Rainy Day Account an additional amount equal to twenty-five percent of the Education Trust Fund or the General Fund transfer amount shall be transferred from the Alabama Trust Fund to the County and Municipal Government Capital Improvement Fund.

(b) The Finance Director shall ensure that if during the fiscal year, receipts to the Education Trust Fund or the General Fund (net of the Education Trust Fund or the General Fund Rainy Day Account payments) are sufficient to reduce anticipated proration which has been certified by the Governor to the state comptroller and for which funds have been withdrawn, then the amount corresponding to the reduced anticipated proration percentage shall be transferred back to the Education Trust Fund or the General Fund Rainy Day Account within the Alabama Trust Fund within thirty days after the end of the fiscal year in which the withdrawals were made. Any amount transferred back to the Education Trust Fund or the General Fund Rainy Day Account shall necessitate a transfer of an additional amount equal to twenty-five percent of that amount from the County and Municipal Government Capital Improvement Fund into the Education Trust Fund or the General Fund Rainy Day Account within the Alabama Trust Fund.

(c) The Legislature may provide by statute for the replenishment of the Education Trust Fund or the General Fund Rainy Day Account within the Alabama Trust Fund from sources other than the Alabama Trust Fund or Oil and Gas Capital Payments. The earnings from the investment of funds due to the replenishment shall be deposited into the State General Fund.

(d) The allocations to the Alabama Capital Improvement Trust Fund and to the County and Municipal Government Capital Improvement Fund as provided in Amendment 666 to the Constitution of Alabama of 1901, now appearing as Section 219.04 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, shall not be diminished by the application of this amendment.

(e) The Legislature must replenish the accounts within six (6) years after withdrawal of any funds from the Education Trust Fund Rainy Day Account and within ten (10) years after withdrawal of any funds from the General Fund Rainy Day Account pursuant to the provisions of this amendment. After the complete replenishment of the Education Trust Fund or the General Fund Rainy Day Account, any excess funds shall be designated to repay any lost interest earnings to the trust established under Amendment 543 to the Constitution of Alabama of 1901, now appearing as Section 219.07 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, due to any withdrawal from the Education Trust Fund or the General Fund Rainy Day Account.

Amendment approval

Amendment 804

Shelby County: Judicial Commission.

All vacancies in the office of the judge of the circuit court and the office of the judge of the district court of the 18th Judicial Circuit shall be filled in the manner and for the time as herein provided.

The Shelby County Judicial Commission is hereby created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be as follows: Two persons who are members of the Alabama State Bar; two persons who are not members of the Alabama State Bar; and the presiding judge of the 18th Judicial Circuit.

All members of the commission shall reside in the territorial jurisdiction of the 18th Judicial Circuit.

The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state. The Executive Committee of the Shelby 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 the two members of the commission who are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Shelby County the names of the persons elected as members of the commission by the members of the bar and the name of the presiding judge of the circuit court who shall serve on the commission by virtue of his or her position as presiding judge.

The members of the Legislature representing Shelby County shall elect the two members of the commission who are required not to be members of the Alabama State Bar. The members of the Legislature representing Shelby County shall certify in writing to the judge of probate the names of the persons elected by them as members.

The terms of office of all members of the 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 members of the Legislature representing Shelby County shall be for three and four years respectively; the length of the terms of office of the members of the commission being indicated by the respective electing bodies. The terms of the initial members of the commission shall begin on January 1, 2009. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as that member was originally chosen.

The Judge of Probate of Shelby County shall record all certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of each certificate, the judge of probate shall send to the Governor a certified copy of each certificate.

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

The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member who is the presiding judge of the 18th Judicial Circuit shall hold any public office and no member of the commission shall hold any official position in any political party.

If, subsequent to January 1, 2009, a vacancy occurs in the office of judge of the circuit or district court in the 18th Judicial Circuit, the commission shall nominate to the Governor three persons having the qualifications for the office. The nomination shall be made only by the concurrence of a majority of the members of the commission. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. The appointee shall hold office until the next general election for any state officer held at least six months after the vacancy occurs and until his or her successor is elected and qualified; the successor shall hold office for the unexpired term and until his or her successor is elected and qualified.

Any vacancy occurring in the office of judge of the 18th Judicial Circuit, which is required to be filled by appointment on nominations made by the commission, shall be made within 90 days from the date of the submission of the nominations. In the event the Governor fails to fill the vacancy from the nominations within that period, the appointment shall be made by the Chief Justice of the Supreme Court of Alabama.

Amendment approval

Amendment 805

Limestone County: Tax - Schools.

In consideration of the fact that the City of Madison includes property located in both Madison County and Limestone County and that immediately prior to the adoption of this amendment, the number of mills of county-levied ad valorem tax for school or educational purposes in the portion of the city lying in Limestone County was 10.5 mills less than the number of mills of county-levied ad valorem tax for school or educational purposes levied in the portion of the city situated in Madison County, the City of Madison, 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, shall have the further power to levy and collect each year, on property located in the part of the city that is situated in Limestone County, such additional ad valorem tax for public school purposes as is necessary to equalize the total rate of all ad valorem tax for public school purposes levied each year on property located in the part of the city that is in Limestone County with the total rate of all ad valorem tax for public school purposes levied on property located in the part of the city that is in Madison County. All additional ad valorem taxation levied under this amendment shall be based on the value of the property as fixed for state taxation. No additional tax shall be levied under this amendment unless a majority of the qualified electors of the City of Madison voting in the election on the adoption on this amendment shall vote for such adoption; provided that if the majority of the qualified electors of the City of Madison voting in said election should not vote in favor of such adoption, or if the majority of the qualified electors of the City of Madison at any election subsequently called under this amendment should not vote in favor of the levy of the additional tax, the governing body of the City of Madison may call other elections 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 twelve consecutive months.

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.

Amendment approval

Amendment 806

Blount County: Municipalities - Taxation.

Any municipality that is not located wholly or in part within the boundaries of Blount County on the effective date of this amendment may not annex any territory within Blount County without the approval of a majority vote of the qualified electors of Blount County voting at a referendum election on the issue of the annexation. The provisions of this amendment shall not apply to any municipality incorporated after the ratification of the amendment that lies entirely within the boundaries of Blount County. This amendment does not apply to any territory annexed within Blount County by a municipality prior to the effective date of this amendment. The Legislature may pass local or general acts to supplement this amendment provided the acts do not contravene this amendment.

Amendment approval

Amendment 807

Macon County: Amendment to Amendment 591.

Two persons shall be elected to the utilities board of the City of Tuskegee. Commencing with the next term of office, the elections shall be held and conducted by the utilities board. The elected members of the utilities board shall be elected to a term of four years, at the same time as regular municipal elections for Macon County, Alabama. A person eligible to vote in the election shall be a registered voter in Macon County who receives services from the utilities board. "Receives services" means that the person is a resident of a building that receives electricity, sewage, or water services, or any combination thereof, from the utilities board. When a vacancy occurs in either of the two elected positions, the board shall fill the vacancy for the unexpired term of office. The members of the utilities board of the City of Tuskegee shall set the compensation of the directors.

Amendment approval

Amendment 808

Baldwin County: Tax - Equalization, Board Modified.

(a) The State Revenue Commissioner, shall appoint not more than six additional persons to membership on the Baldwin County Board of Equalization. The State Revenue Commissioner shall make the appointments from a group of nominees submitted by the Baldwin County Commission, the Baldwin County Board of Education, and the governing body of the largest municipality located in Baldwin County. Each appointing authority shall submit a list of three names and the appointments shall be made within 30 days after receipt of the appropriate list. The initial appointments shall consist of three persons unless additional appointments are requested by the existing county board of equalization. The additional members shall closely reflect the racial, ethnic, gender, geographic, and age diversity of the county.

(b) The provisions of the general law and local law relating to the selection, qualifications, term of service, schedule of compensation, and oath of the initial members of the board, including the prohibition relating to members holding other governmental positions, shall be applicable to the additional members appointed pursuant to this amendment.

(c) The additional members shall be appointed and serve for the limited purpose of hearing objections to any assessments or valuations fixed by the county revenue commissioner or other authorized taxing official.

(d)(1) During the term of office of the additional members, the board shall sit in two or more panels consisting of up to three members for the purpose of conducting hearings and making determinations concerning objections to any assessments or valuations fixed by the county revenue commissioner or other authorized taxing official.

(2) Each panel shall consist of at least one member who has served on the board for a period in which appeal hearings were held.

(e) When the board sits in panels of three members, each panel shall act in the same manner and under the same authority as the full board. All authority, duties, powers, and responsibilities of the board on any matter brought before the panel for hearing shall be exercised by the panel as though heard and decided by the full board. Decisions of each panel shall constitute a decision of the board. All procedures of the board relating to the conduct of hearings shall apply to hearings before either panel of the board.

(f) This amendment does not affect in any way the authority of the original board members to carry out all administrative, supervisory, and personnel duties existing on October 1, 2008.

Amendment 809

Baldwin County: Implementation of Ordinances Governing County Owned Property.

In Baldwin County, the county commission may by resolution adopt ordinances related to the use and control of county owned public buildings, public parks, boat launches, and historic sites. The ordinances shall be adopted in the same manner and under the same conditions as municipalities in this state may adopt ordinances pursuant to general law except the penalties may not exceed the penalties authorized for a Class C misdemeanor pursuant to general law.

Amendment 810

Baldwin County: Amendment to Amendment 781.

(a) This amendment shall apply only in Baldwin County.

(b) For the purpose of this amendment, the following terms have the following meanings:

(1) WASTEWATER SYSTEM. A system of pipes, lines, meters, pumps, equipment and facilities, all or part of which are located in the unincorporated areas of Baldwin County and which are owned or operated by a wastewater utility, as defined herein, for the collection, treatment, and disposal of wastewater from homes, schools, businesses, and other entities in which solids, sewerage, nonhydrocarbon greases, and oils are collected for treatment or where wastewater is collected for disposal. Individual septic tank systems and all portable toilets are expressly excluded from the definition of the term wastewater system.

(2) WASTEWATER UTILITY. The owner or operating entity of a wastewater system, whether privately owned or publicly owned, including privately owned wastewater systems, municipally owned wastewater systems, and wastewater systems owned by or through boards or other entities established by municipal corporations or as otherwise provided by state law.

(3) WASTEWATER. Solids, sewerage, nonhydrocarbon greases, and oils.

(c) The Legislature may by general or local law provide for the regulation of wastewater utilities, whether privately owned or publicly owned, in the unincorporated area of the county. The regulation may include uniform minimum standards for the design, placement, construction, operation, and maintenance of wastewater systems and the regulation of the establishment of reasonable and just rates for consumers and the wastewater utilities. In the case of uniform minimum standards established within any extraterritorial jurisdiction of a municipality, the standards established pursuant to the authority granted in this amendment shall apply. Any minimum standard adopted pursuant to this amendment shall not apply to any part of a wastewater system installed or permitted prior to the effective date of the standard unless it is determined necessary for the protection of the public health and welfare and the environment of Baldwin County. All laws, rules, regulations, construction standards, and specifications regulating wastewater systems and wastewater utilities shall be non-discriminatory and apply equally to all wastewater systems and wastewater utilities operating or located within the unincorporated areas of the county.

(d) The Legislature may authorize the levy of taxes or fees in an amount not to exceed five percent of the gross receipts from the connection, collection, and treatment revenues collected from customers of wastewater utilities in the unincorporated area of the county to be used for the purposes of the administration of regulation adopted pursuant to this amendment.

(e) The Legislature may provide for the mandatory connection to wastewater systems where service is reasonably available and where it is in the best interest for the protection of the public health and welfare and the environment of Baldwin County.

(f) The Legislature by general or local law may authorize the exercise of the power of eminent domain for the construction of wastewater utilities in the county.

(g) The Legislature may, by general or local law, provide for the implementation and administration of the provisions of this amendment.

Amendment 811

Coffee County: Amendment to Amendment 633.

An elected or appointed Coffee County official, including the sheriff, may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Coffee County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Coffee County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.

For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a legislator.

Amendment 812

Conecuh County: Tax - Ad Valorem.

(a) In addition to the one-half mill of ad valorem tax levied by Amendment 778 of the Constitution of Alabama of 1901, the Conecuh County Commission shall continue to levy on an annual basis, commencing with the tax year for which taxes will become due and payable on October 1, 2009, an ad valorem tax on all taxable property located in Conecuh County at a rate of nine and one-half mills per dollar of assessed value of the taxable property. This tax is part of the 10 mills of ad valorem tax that Amendment 778 of the Constitution of Alabama of 1901 requires every local school system to collect and is not a levy of additional tax. The proceeds of the tax levied in this amendment shall be used for public school purposes in the county.

(b) The tax provided in this amendment shall be levied and collected for a period of twenty years.

(c) Commencing with the tax year for which taxes will become due and payable on October 1, 2009, all ad valorem taxes previously levied for public school purposes in Conecuh County shall be repealed except the one-half mill levied by Amendment 778 of the Constitution.

Amendment 813

DeKalb County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in DeKalb County.

Amendment 814

DeKalb County: Health - Methadone Clinic.

Notwithstanding any approval by the state Certificate of Need Board, no methadone clinic may be located in DeKalb County without prior approval of the electors in a referendum on the matter. The ballot for the referendum shall state the physical address where the proposed clinic will be located. Notwithstanding any prior approval by the state Certificate of Need Board, any methadone clinic in existence in DeKalb County on the effective date of this amendment may not continue to operate without approval by the electors in a referendum to be held within 12 months of the effective date of this amendment. The ballot for the referendum shall state the physical address where the methadone clinic is operating.

Amendment 815

Geneva County: Court Costs.

In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105, there shall be an additional thirty-five dollars ($35) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court or district court in Geneva County, as well as a document service fee of twenty dollars ($20) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Geneva County. The additional thirty-five dollar ($35) fee taxed as costs on each case shall be used for the planning, design, construction, financing, furnishing, and equipping of the new county jail and for the operation of the existing county jail. When the costs of the new county jail have been fully paid and when the debt service on any indebtedness incurred by the county commission to finance or refinance the costs have been retired, the additional court costs authorized by this amendment shall continue to be collected in all cases and shall be used to pay costs of the operation, upkeep, and maintenance of a new county jail. The document service fee shall be used for the operation of the Geneva County Sheriff's Office. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 816

Henry County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, alter, and regulate the costs and charges of courts in Henry County and provide for their distribution.

Amendment 817

Jackson County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Jackson County.

Amendment 818

Jefferson County: Sewer Service.

In Jefferson County, notwithstanding any other provision of this constitution, any bill for sewer service received in the name of the tenant or tenants shall be the sole responsibility of the tenant or tenants and shall not constitute a lien on the property where the sewer service was received. This amendment shall not be interpreted to impair the obligation of any contract entered into before the effective date of the amendment.

Amendment 819

Lauderdale County: Judicial Commission.

All vacancies in the office of judge of the circuit court and the office of judge of the district court holding in Lauderdale County shall be filled in the manner and for the time as herein provided.

The Lauderdale County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members, two of whom shall be appointed by the members of the bar residing in the county, two shall be appointed by the members of the county commission, and one, who shall be the chair, shall be appointed by the Chief Justice or the Acting Chief Justice of the Alabama Supreme Court.

All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Lauderdale County.

The Lauderdale County Bar Association, the Lauderdale County Commission, and the Chief Justice or Acting Chief Justice of the Alabama Supreme Court shall each certify in writing to the Judge of Probate of Lauderdale County the names of the persons selected as members of the commission.

The terms of office of all members of the commission shall be six years. In the event that an initial appointment or vacancy of a member of the commission is not filled in 30 days, the appointment or vacancy shall be filled by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.

The Judge of Probate of Lauderdale County shall record all certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.

No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.

The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission shall hold any public office, and no member of the commission shall hold any official position in any political party.

If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Lauderdale County, the commission shall nominate within 30 days to the Governor three persons having the qualifications for the office. If the commission fails to nominate three names during the 30-day period, the names shall be selected by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, the appointment shall be made by the Chief Justice or the Acting Chief Justice of the Alabama Supreme Court from the same list. The appointee shall hold the office until the next general election for any state officer held at least six months after the vacancy occurs and until a successor is elected and qualified. At the general election, the judicial office shall be filled for a full term of office to commence on the first Monday after the second Tuesday in January following the general election.

Amendment 820

Lee County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Lee County and provide for their distribution. Any local law authorizing the levy of additional court costs in Lee County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 821

Marshall County: Retirement.

No elected or appointed Marshall County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment, except elected officials who are currently holding office on such date. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Marshall County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Marshall County officials, including the sheriff, holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For purposes of this amendment, the words "elected or appointed Marshall County official" do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. The effective date or ratification date of this amendment is the date this amendment is officially proclaimed ratified in the proclamation register.

Amendment 822

Mobile County: Animals - Control of Dangerous Dogs.

The Legislature, by local law applicable to those areas of Mobile County outside the corporate limits of any municipality, may establish a procedure by which a dog can be declared dangerous and be humanely destroyed and impose criminal penalties on the owners of a dog declared to be dangerous.

Amendment 823

Pickens County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Pickens County and provide for their distribution.

Amendment 824

Russell County: Phenix City - Utilities.

In Russell County, the City of Phenix City may not sell or transfer any water and sewer system or any part of a water and sewer system owned or operated by or on behalf of the city unless the sale or transfer is approved by a majority of the qualified electors of the City of Phenix City in Russell County voting at a referendum election on the approval of the sale or transfer. The referendum election shall be held at the next regularly scheduled citywide election held in Phenix City at least 60 days after the city council or other governing body has adopted any ordinance or resolution providing for any sale or transfer covered by this amendment and the terms and conditions thereof.

Amendment 825

Shelby County: Tax - Equalization, Board Reorganized.

In Shelby County, notwithstanding any other provision of law, the Legislature by local law may provide for the reorganization of the county board of equalization and provide for the name of the board; provide for the appointment, term, and compensation of board members; and provide for the powers, duties, operation, and funding of the board.

Amendment 826

St. Clair County: Retirement.

No elected or appointed St. Clair County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed St. Clair County official, including the sheriff, may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. St. Clair County officials, including the sheriff, holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For purposes of this amendment, the words "elected or appointed St. Clair County official" do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 827

Tallapoosa County: Traffic Laws - Enforcement.

In Tallapoosa County, the Legislature, by local law, may provide for the enforcement of motor vehicle and traffic laws on private roads in private gated communities in the county.

Amendment 828

Baldwin County Revnue Commissioner term of office.

Beginning with the second election cycle for the election of the Baldwin County Revenue Commissioner following the adoption of this amendment, and including the person serving as revenue commissioner on the date of the adoption of this amendment, the person elected revenue commissioner, and all successors thereafter, shall serve a term of office of six years, beginning on the first Tuesday in February following the election date.

The person elected at the first election cycle for the election of the Baldwin County Revenue Commissioner following the adoption of this amendment shall serve a term of office that is adjusted to approximately five years to allow the person holding office on the date of the adoption of this amendment to serve a full six-year term.

Amendment 829

Franklin County: Solid Waste - Biosolids.

In Franklin County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment.

Amendment approval

Amendment 830

Lawrence County: Solid Waste - Biosolids.

In Lawrence County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment.

Amendment approval

Amendment 831

Colbert County: Solid Waste - Biosolids.

In Colbert County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment, except for sewage biosolids produced by a publicly owned utility in Colbert County.

Amendment approval

Amendment 832

Lawrence County: Solid Waste - Use of Funds.

Notwithstanding any other provision of law to the contrary, the Lawrence County Commission may use a portion of any funds or revenues from the operation and use of any landfill in the county, including, but not limited to, funds in or credited to its reserve account on the effective date of this amendment, for general county purposes, provided the county commission makes a determination that the funds are not needed for the operation and implementation of its solid waste disposal program.

Amendment approval

Amendment 833

Lamar County Court Costs - Drug Enforcement Fee.

Section 1. In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Lamar County, a docket fee, hereinafter referred to as a drug enforcement fee, shall be assessed in each case. The drug enforcement fee shall be in an amount equal to ten dollars ($10) in each non-drug case; sixty dollars ($60) in each misdemeanor drug case; and eighty-five dollars ($85) in each felony drug case. The drug enforcement fee, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fees assessed in each case shall be retained by the clerk of the court as an administrative fee and the remainder to the Drug Enforcement Fund established by the district attorney in the county or to the fund that may hereafter be prescribed by law for the drug enforcement fee.

Section 2. The drug enforcement fee shall be collected as prescribed hereinabove in all cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest, or in any other case where court costs are assessed, whether a defendant is adjudged guilty or not. The drug enforcement fee shall be in addition to and not in lieu of any other fees or costs, and shall not be waived or remitted unless all other costs and charges of court are waived.

Section 3. The district attorney for the Twenty-fourth Judicial Circuit shall establish a separate fund to be called the Lamar County Drug Enforcement Fund. All sums deposited into the fund pursuant to this amendment may be expended by the district attorney for the support of the drug task force that serves the Twenty-Fourth Judicial Circuit, including, but not limited to, the payment of any and all expenses incurred by the drug task force, and the payment of any matching monies required under the terms of any grant that may be awarded by any governmental or other entity for the support of the drug task force, the payment or supplementing of salaries for personnel of the drug task force, or for any other law enforcement purpose.

Section 4. The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Lamar County and provide for their distribution. Any local law authorizing the levy of additional court costs in Lamar County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 834

Marengo County: Court Costs.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Marengo County and provide for their distribution. Any local law authorizing the levy of additional court costs in Marengo county enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 835

Fayette County Court Costs - Drug Enforcement Fee.

Section 1. In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Fayette County, a docket fee, hereinafter referred to as a drug enforcement fee, shall be assessed in each case. The drug enforcement fee shall be in an amount equal to ten dollars ($10) in each non-drug case; sixty dollars ($60) in each misdemeanor drug case; and eighty-five dollars ($85) in each felony drug case. The drug enforcement fee, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fees assessed in each case shall be retained by the clerk of the court as an administrative fee and the remainder to the Drug Enforcement Fund established by the district attorney in the county or to the fund that may hereafter be prescribed by law for the drug enforcement fee.

Section 2. The drug enforcement fee shall be collected as prescribed hereinabove in all cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest, or in any other case where court costs are assessed, whether a defendant is adjudged guilty or not. The drug enforcement fee shall be in addition to and not in lieu of any other fees or costs, and shall not be waived or remitted unless all other costs and charges of court are waived.

Section 3. The district attorney for the Twenty-fourth Judicial Circuit shall establish a separate fund to be called the Fayette County Drug Enforcement Fund. All sums deposited into the fund pursuant to this amendment may be expended by the district attorney for the support of the drug task force that serves the Twenty-Fourth Judicial Circuit, including, but not limited to, the payment of any and all expenses incurred by the drug task force, and the payment of any matching monies required under the terms of any grant that may be awarded by any governmental or other entity for the support of the drug task force, the payment or supplementing of salaries for personnel of the drug task force, or for any other law enforcement purpose.

Section 4. The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Fayette County and provide for their distribution. Any local law authorizing the levy of additional court costs in Fayette County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 836

Pickens County: Judge of Probate.

The Judge of Probate of Pickens County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Pickens County if the judge of probate is licensed to practice law in the State of Alabama. In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects in the same manner as a case filed in circuit court. The Alabama Rules of Civil Procedure shall apply in the cases except as otherwise specifically provided by law. This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment.

Amendment 837

Shelby County: Solid Waste - Use of Funds.

Notwithstanding any other provision of law to the contrary, the Shelby County Commission may use a portion of any funds or revenues from the operation and use of any sanitary landfill operated by the county, including, but not limited to, funds in or credited to its reserve account on the effective date of this amendment, for the provision of potable water and water service in the county and for capital improvement projects deemed advisable by the county commission, provided the county commission makes a determination that the funds are not needed for the operation and implementation of its solid waste disposal program.

Amendment 838

DeKalb County, City of Fort Payne - Work Release for City Prisoners.

Notwithstanding any other provision of law, the City of Ft. Payne in DeKalb County may use prisoners confined in the city jail to perform work on public and private property and the city shall be subject to liability for any actions related to the use of the prisoners in the same manner and to the same extent as when county prisoners confined in the county jail are used to work on public or private property.

Amendment 839

Macon County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Macon County and provide for their distribution. Any local law authorizing the levy of additional court costs in Macon County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 840

Jefferson County: Tax - Homestead Exemption.

A person residing in Jefferson County and claiming a homestead exemption in the county under the laws of this state may continue to claim the exemption for three years after he or she is admitted to a nursing home or assisted living facility if the person continues to own the property while he or she resides in the home or the facility. The three-year-extension in the homestead exemption shall be allowed only if the property continues to be used for residential purposes and the property is not converted to commercial or any other purpose. The person shall only be required to verify by signature, on a form provided by the county tax assessor, that the qualifying conditions continue to exist, and to return the form by mail.

Amendment 841

Madison County: Tax - Occupational, Vocation; Prohibited.

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Madison County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Madison County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 842

Morgan County: Tax - Occupational, Vocation; Prohibited.

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Morgan County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Morgan County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 843

Limestone County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Limestone County.

Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Limestone County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 844

Lawrence County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Lawrence County.

Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Lawrence County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 845

DeKalb County: Elections.

The county commission shall call a special election within two weeks of a vacancy occurring in a county office in DeKalb County when 12 months or more remain in the unexpired term. The election shall be held within three months after the vacancy occurs.

Amendment 846

Jackson County: Elections.

The county commission shall call a special election within two weeks of a vacancy occurring in a county office in Jackson County when 12 months or more remain in the unexpired term. The election shall be held within three months after the vacancy occurs.

Repeal of amendment

  • Amendment 846 was repealed by Amendment 869.

Amendment 847

Macon County: Amendmment to Amendment 530.

(a) In addition to any court costs and fees now or hereafter authorized to be collected, the county commission of Macon County is authorized to assess a fee not to exceed $30.00 upon the privilege of filing any initial complaint in all civil and criminal cases filed in any court, in the county, as well as a fee not to exceed $5.00 for the service of all pleadings and other documents in connection with any such action. All such fees shall be paid into the general fund and shall be applied exclusively for payment of the cost of the planning, construction, and equipping of a new county jail, or for the payment of the principal of and interest on any bonds, warrants, or other obligations issued by or on behalf of the county to finance the costs of a new jail, as well as the expenses of issuance of any such bonds, warrants, or other obligations. When the costs of planning, constructing, and equipping a new county jail shall be fully paid or when all such bonds, warrants, or other obligations have been retired, whichever last occurs, the additional fee authorized by this amendment to be collected shall no longer be collected. Provided, however, no additional fee provided herein shall be collected until 30 days after the county commission has signed a contract or contracts for the construction of a new jail and construction has actually begun.

(b) Any court costs and fees collected pursuant to this amendment that were deposited into the Macon County Road and Bridge Fund prior to the financing of the new county jail and were not pledged for the county jail, may be used by the Macon County Commission for roads and bridges.

Amendment 848

Cullman County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Cullman County. Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Cullman County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those pursuant to sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 849

Madison County: Animals - Control of Dangerous Dogs.

The Madison County Commission, by resolution applicable to those areas of Madison County outside the corporate limits of any municipality, may establish a procedure by which a dog can be declared dangerous, may impose civil penalties on the owner of a dog that inflicts severe personal harm on another person, and may require that dangerous dogs, as defined by the commission, be kept in a fenced enclosure, as defined by the commission, with input from the local humane society.

Amendment 850

Randolph County: Economic Development - Capital Improvement Fund.

Moneys paid into the Randolph County Capital Improvement Fund pursuant to Amendment 668 of the Constitution of Alabama of 1901, now appearing as Section 219.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, may be expended for economic development projects.

Amendment 851

Blount County: Municipalities - Jurisdiction.

A municipality located entirely outside of Blount County is prohibited from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Blount County. A municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Blount County, other than public safety mutual aid.

Amendment 852

Montgomery County: Retirement.

No elected or appointed Revenue Commissioner in Montgomery County may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. The Revenue Commissioner of Montgomery County may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. The Montgomery County Revenue Commissioner holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office. This amendment does not include a county commissioner, a judge, district attorney, legislator, school board member, or any official elected from a judicial circuit.

Amendment 853

Chambers County: Tax - Libraries - Levy and Collection.

(a) As used in this amendment, the following defined terms apply:

(1) CONSTITUTION. The Constitution of Alabama of 1901, as amended, now appearing as the Official Recompilation of the Constitution Alabama of 1901, as amended.

(2) SPECIAL LIBRARY TAX. That certain additional special county ad valorem or property tax which is authorized by the Special Tax Amendments to be levied at the rate of twenty cents ($.20) on each one hundred dollars ($100) of taxable property in Chambers County.

(3) SPECIAL TAX AMENDMENTS. Amendment No. 554 of the Constitution of Alabama of 1901, now appearing as Section 6 of Chambers County Local Amendments, Official Recompilation of the Constitution of Alabama of 1901, which may be referred to as Chambers County Section 6; and Amendment No. 721 to the Constitution of Alabama of 1901, now appearing as Section 7 of Chambers County Local Amendments, Official Recompilation of the Constitution of Alabama of 1901, which may be referred to as Chambers County Section 7.

(b) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, the governing body of Chambers County shall continue to levy and collect the Special Library Tax in and for each fiscal or tax year of the county until and including the fiscal or tax year beginning on October 1, 2032, and ending on September 30, 2033, and for which county taxes shall become due and payable on October 1, 2033.

(c) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, none of the proceeds of the Special Library Tax may be used or expended, whether directly or indirectly, to pay any costs or expenses incurred, whether by the governing body of Chambers County or by any other person, in connection with the levy and collection of the Special Library Tax or to reimburse the governing body or any other person for any payment, by the governing body or any other person, of any such costs or expenses; and the governing body shall have no power to provide for the payment of any such costs or expenses out of the proceeds of the Special Library Tax.

(d) Except to the extent provided in this amendment, the levy and collection of the Special Library Tax, and the use and expenditure of the proceeds thereof, shall continue to be subject to all applicable provisions of each of the Special Tax Amendments. Nothing in this amendment shall be construed to permit any increase in the rate at which the Special Library Tax is levied.

(e) The provisions of this amendment are self-executing, and authorization from or any other action by the Legislature shall not be a prerequisite to the continued levy and collection of the Special Library Tax, or to the use or expenditure of the proceeds thereof. Notwithstanding any contrary provision of either Section 104 or Section 105 of the Constitution, the Legislature shall have the power to enact general, special, or local laws supplemental hereto or in futherance of the purposes hereof; provided, that no such special or local law shall be subject to the provision of Section 106 of the Constitution.

Amendment 854

Calhoun County: Tax - Residential Real Estate, Business Tax Exemption.

In Calhoun County, no municipal business license tax shall be levied on the rental of residential real estate based on a per unit tax rate.

Amendment 855

Hale County Ad Valorem Tax.

(a) The amount of funds in excess of the amount of funds utilized for the jail pursuant to Act 92-565 of the 1992 Regular Session (Acts 1992, p. 1177), authorizing the Hale County Commission to levy an additional ad valorem tax in the amount of three mills pursuant to subsection (f) of Amendment 373 to the Constitution of Alabama of 1901, shall be deposited in the Hale County General Fund and distributed for law enforcement purposes only.

(b) After the costs of planning, constructing, and equipping a new county jail are fully paid or when all bonds, warrants, or other obligations have been retired pursuant to Act 92-565, the additional ad valorem tax in the amount of three mills shall continue to be collected and distributed pursuant to subsection (a).

(c) This constitutional amendment shall have retroactive effect to May 21, 1992.

(d) Act 2011-256 of the 2011 Regular Session is hereby specifically repealed.

Amendment 856

Distributions from Alabama Trust Fund; distributions from County and Municipal Government Capital Improvement Trust Fund.

Section 1. (a) Notwithstanding any other provision of this constitution, beginning with the state's 2012-2013 fiscal year, the following distributions shall be made annually from the Alabama Trust Fund in lieu of any other distributions of trust income, realized capital gains, or unrealized capital gains provided by law:

(1) An amount equal to thirty-three percent (33%) of the oil and gas capital payments paid into the Alabama Trust Fund for the fiscal year ending one year prior to the beginning of the fiscal year for which the distribution is being made plus five percent (5%) of the average market value of invested assets of the Alabama Trust Fund as of the end of the three fiscal years ending one, two, and three years prior to the beginning of the fiscal year for which the distribution is being made shall be distributed as follows:

a. Ten percent (10%) of the amount distributed shall be paid to the County Government Capital Improvement Fund and shall be distributed pursuant to Section 11-29-6, Code of Alabama 1975, as amended.

b. Ten percent (10%) of the amount distributed shall be paid to the Municipal Government Capital Improvement Fund and shall be distributed pursuant to Section 11-66-6, Code of Alabama 1975, as amended.

c. If the constitutional amendment proposed by Act 2011-315 is ratified, then ten percent (10%) of the amount distributed, but not more than fifteen million dollars ($15,000,000) in any one fiscal year, shall be paid to the Forever Wild Land Trust. This distribution shall continue through the fiscal year ending September 30, 2032, and shall not be made after the end of that fiscal year. If the constitutional amendment proposed by Act 2011-315 is not ratified, then one percent (1%) of the amount distributed, but not more than one million dollars ($1,000,000) in any one fiscal year, shall be paid to the Forever Wild Land Trust Stewardship Account.

d. One percent (1%) of the amount distributed, but not more than five million dollars ($5,000,000) in any one fiscal year, shall be paid to the Alabama Senior Services Trust Fund.

e. The remainder of the amount distributed shall be paid to the State General Fund.

(b) Beginning with the state's 2012-2013 fiscal year, an amount equal to five percent (5%) of the average market value of invested assets of the County and Municipal Government Capital Improvement Trust Fund as of the end of the three fiscal years ending one, two, and three years prior to the beginning of the fiscal year for which the distribution is being made shall be distributed as follows:

(1) Fifty percent (50%) of the amount distributed shall be paid to the County Government Capital Improvement Fund and shall be distributed pursuant to Section 11-29-6, Code of Alabama 1975, as amended.

(2) Fifty percent (50%) of the amount distributed shall be paid to the Municipal Government Capital Improvement Fund and shall be distributed pursuant to Section 11-66-6, Code of Alabama 1975, as amended.

(c) Notwithstanding the provisions of subsections (a) and (b) of this Section, if market or financial conditions dictate that distributing the entire amounts authorized by this amendment would be detrimental to the preservation of the invested assets of the Alabama Trust Fund, the preservation of the invested assets of the County and Municipal Government Capital Improvement Trust Fund, or both, the Board of Trustees of the Alabama Trust Fund in its sole discretion may, by a two-thirds recorded vote of the entire membership of the Board, elect to distribute a smaller percentage of the oil and gas capital payments, a smaller percentage of the average amount of invested assets, or both. The Board shall make this election at least six months prior to the beginning of the fiscal year for which the distributions will be made.

(d) For purposes of this amendment, "invested assets" means all assets which are invested in accordance with the investment policy statement adopted by the Board of Trustees of the Alabama Trust Fund. Invested assets shall not include investments in land or properties acquired for the Forever Wild Land Trust and vested in the Alabama Trust Fund and shall not include any outstanding and unpaid amounts due to the Education Trust Fund Rainy Day Account or to the General Fund Rainy Day Account.

Section 2. A County and Municipal Government Capital Improvement Trust Fund Advisory Committee is created. The Committee shall be composed of three members appointed by the Alabama League of Municipalities and three members appointed by the Association of County Commissions of Alabama. The Committee shall serve in an advisory role, and the Board of Trustees of the Alabama Trust Fund shall define the duties of the Committee.

Section 3. Beginning with the state's 2012-2013 fiscal year, whenever funds are withdrawn from the Education Trust Fund Rainy Day Account or the General Fund Rainy Day Account, there shall not be any additional transfer of funds into the County and Municipal Government Capital Improvement Trust Fund, and investment income earned on amounts repaid to the Education Trust Fund Rainy Day Account and the General Fund Rainy Day Account shall not be distributed to the State General Fund.

Section 4. Beginning with the state's 2012-2013 fiscal year and continuing through the state's 2014-2015 fiscal year, there is hereby transferred $145,796,943 annually to the State General Fund from the Alabama Trust Fund.

Section 5. All laws or parts of laws in conflict with this amendment are repealed, including, but not limited to: Those portions of Amendments 450, 543, and 666 to the Constitution of Alabama of 1901, relating to the distribution of trust income, realized capital gains, and unrealized capital gains; Amendment 668 to the Constitution of Alabama of 1901, relating to the distribution of trust income; those portions of Amendment 803 to the Constitution of Alabama of 1901, relating to additional transfers to the County and Municipal Government Capital Improvement Fund and the distribution of investment income on repayments to the Education Trust Fund and State General Fund Rainy Day Accounts; and Sections 11-66-5 and 11-29-5 of the Code of Alabama 1975, as amended, relating to appropriations of trust income to the County and Municipal Government Capital Improvement Trust Funds.

END OF PROPOSED AMENDMENT

Amendment approval

Amendment 857

Montgomery County: Board of Education.

As terms of office on the Montgomery County Board of Education expire, new members shall be elected to the board for terms of four years.

Amendment 858

Baldwin County: Tax - Vocational, Occupational, and Professional; Prohibited.

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Baldwin County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Baldwin County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 859

Tuscaloosa County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Tuscaloosa County.

Amendment 860

Forever Wild Land Trust.

All moneys paid to the Forever Wild Land Trust pursuant to Section 7 of Amendment 543 of the Constitution of Alabama of 1901, now appearing as Section 7 of Section 219.07 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, shall continue to be paid for a 20-year period beginning with the 2012-2013 fiscal year retroactive to October 1, 2012, and ending in the fiscal year 2031-2032.

Amendment approval

Amendment 861

Baldwin County: Annexation - Stockton Landmark District.

(a) For the purposes of this amendment, the "Stockton Landmark District" is defined as follows:

Beginning at the point where I-65 intersects the line which divides R2E and R3E; thence, north to Little Halls Creek; thence, follow Little Halls Creek in a westwardly direction to Halls Creek; thence, follow Halls Creek to Tensaw Lake; thence, follow meanders of Tensaw Lake in a southerly direction until it meets the Tensaw River; thence, follow meanders of Tensaw River until it meets I-65; thence, follow I-65 in E/NE direction to point of beginning.

(b) No property within the Stockton Landmark District may be annexed into any municipality by local law.

(c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Stockton Landmark District.

Amendment approval

Amendment 862

Madison County: Animals - Procedures.

Section 1. The people of the State of Alabama find and declare that: Certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unprovoked attacks on, and associated injury to, individuals; these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; existing laws inadequately address this problem; and it is therefore appropriate and necessary to impose requirements on the owners of dangerous dogs.

Section 2. The provisions of this constitutional amendment are applicable to those areas of Madison County outside the corporate limits of any municipality.

Section 3. The following words shall have the following meanings:

(1) ANIMAL CONTROL OFFICER. Any person employed by Madison County who performs animal control functions.

(2) ATTACK. Aggressive physical contact initiated by a dog.

(3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped or has been wounded or pierced.

(4) DANGEROUS DOG. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury to a human being, without provocation, or has repeatedly bitten or caused physical injury to humans, except a dog used by law enforcement officials for legitimate law enforcement purposes, a certified guide dog for the blind, a hearing dog for the deaf, or a service dog for the disabled.

(5) DOG. All members of the canine family including dog hybrids.

(6) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to Madison County.

(7) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her.

(8) PHYSICAL INJURY. An injury as defined in Section 13A-1-2(12), Code of Alabama 1975.

(9) PROPER ENCLOSURE OF A DANGEROUS DOG. An enclosure for the confinement of a dog that has been declared dangerous which is suitable to prevent the entry of the general public and:

a. Is capable of being locked with a key or combination lock when the dog is within the structure.

b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the animal from digging out.

c. Provides adequate ventilation and protection from the elements.

d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: "Dangerous Dog - No Trespassing."

e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog.

(10) SERIOUS PHYSICAL INJURY. An injury as defined in Section 13A-1-2(14), Code of Alabama 1975.

Section 4. (a) An animal control officer or law enforcement officer shall investigate any incident involving any dog reported to be dangerous.

(b) If a dog that is unowned and has been reported to be dangerous bites a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b), Code of Alabama 1975. For the purposes of this subsection, "bites" means the same as "has been exposed" as defined in Section 3-7A-1(5), Code of Alabama 1975.

(c) If there is probable cause to believe that an owned dog is dangerous and has caused serious physical injury to a human being, a law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous. Madison County may impound the dog at the county pound as described in Section 3-7A-7, Code of Alabama 1975, or may enter into an agreement with an animal shelter or licensed veterinarian to secure and impound dangerous dogs pursuant to this section. The owner of the dog shall be liable to Madison County for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.

(d) The district attorney, county attorney, or the designee of either, shall be authorized to file a petition in the district court to declare the dog that caused physical injury to a human being in Madison County to be dangerous. The owner of the dog shall be served with a copy of the petition.

(e) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership shall not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous.

(f) The court hearing shall be held as soon as practicable. At the hearing, the district attorney, county attorney, or the designee of either, shall present evidence that the dog is dangerous and whether the dog caused serious physical injury to a human being.

(1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a human being, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official.

(2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a human being or other animal, the court shall issue orders authorized by this section.

(g) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure unless otherwise specified by this amendment. The court may tax all costs of the proceedings including attorney's fees and expert witness fees to the owner of the dog.

Section 5. (a) A dog may not be declared dangerous in any of the following circumstances:

(1) When an injury or damage was sustained by a person who at the time of the injury or damage was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog with the intent to commit a crime or was committing a crime; was teasing, tormenting, abusing, or assaulting the dog; or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog.

(2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring.

(4) When a person or domestic animal was disturbing the natural functions of the dog such as sleeping or eating.

(b) Neither growling nor barking, or both, shall alone constitute grounds upon which to find a dog to be dangerous.

Section 6. (a) If a court determines that a dog is dangerous, but does not order that the dog be destroyed because evidence was insufficient to determine that the dog caused serious physical injury, in addition to any other requirements imposed by the court, within 30 days of the issuance of the order declaring the dog to be dangerous, the owner of the dog shall register the dog with the Madison County Animal Control Department. All certificates of registration required to be obtained under this section shall only be issued to persons 18 years of age or older who present evidence of the following:

(1) A current certificate of rabies vaccination.

(2) A current photograph of the dog.

(3) That the dog will be confined to a proper enclosure when the dog is outdoors and unattended.

(4) That the dog has been neutered or spayed, unless medically not needed.

(5) That the dog has been permanently identified by tattooing or injecting an identification microchip using standard veterinary procedures and practices, and the name, address, and phone number of the veterinarian performing the identification procedure.

(6) A policy of insurance, such as homeowner's, or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering the medical or veterinary costs, or both, resulting from any future dangerous actions of the dog.

(7) If the owner of the dangerous dog is not the owner of the property where the dog is kept, the owner of the dog must obtain from the property owner written permission for the dangerous dog to be kept there.

(8) A notarized affidavit from the owner of the dangerous dog stating that the dog will be under the control of a person 18 years or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside the property of its owner except in emergencies or for normal or necessary medical or health-related treatment.

(b) If the owner fails to provide a proper enclosure for the dangerous dog or fails to provide a certification of dangerous dog registration to the court within 30 days of the issuance of the court's declaration that the dog is dangerous, the dog shall be humanely euthanized.

(c) The owner of the dangerous dog shall pay an annual fee to register the dog pursuant to the provisions of this amendment. The amount of the dangerous dog registration fee shall be established by the Madison County Commission. The payment of the dangerous dog registration fee shall be in addition to any regular dog licensing fee required by Madison County.

(d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this amendment and any court order issued pursuant to this amendment.

(e) Prior to a dangerous dog being sold or given away, the owner shall advise the new prospective owner in writing that the dog has been declared to be dangerous by a court and shall provide the Madison County Animal Control Department the name, address, and telephone number of the new owner. The new owner shall comply with all of the requirements of this amendment.

Section 7. The owner of a dog which has been declared to be dangerous by a court may petition the district court to remove the dangerous dog designation 18 months after the judicial declaration was issued. A copy of the petition shall be served upon the district attorney or county attorney. The court may remove the dangerous dog designation and eliminate any requirements of this amendment if the owner of the dog has not violated this amendment and any orders of the court, and if the court is satisfied from the evidence that the dog is no longer dangerous.

Section 8. (a) If a dog that has previously been declared by a court to be dangerous, when unprovoked, shall cause serious physical injury or kill a human being the owner of the dog shall be guilty of a Class C felony.

(b) If a dog that has not been declared by a court to be dangerous, attacks and causes serious physical injury or death to any human being, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class A misdemeanor.

(c) In addition to any fines imposed by the court, a person guilty of violating subsections (a) and (b) of this section shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the animal.

(d) An owner of a dog declared to be dangerous by a court who does not contain the dog in a proper enclosure shall be guilty of a Class C misdemeanor.

(e) An owner of a dog declared to be dangerous by a court who has been adjudicated guilty of subsection (d) and subsequently fails to contain a dangerous dog in a proper enclosure shall be guilty of a Class B misdemeanor.

Section 9. Nothing in this amendment shall be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this amendment is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

Section 10. (a) Nothing in this amendment shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-16, inclusive, Code of Alabama 1975.

(b) Nothing in this amendment is designed to abrogate any civil remedies available under statutory or common law.

Section 11. Any person who knowingly makes a false report to a law enforcement officer or an animal control officer that a dog is dangerous is guilty of a Class C misdemeanor.

Section 12. Madison County, its district attorney and its county attorney and any of its, or their employees or agents, and the individual issuing the dangerous dog certificate or registration shall be immune from any and all liability for any actions taken or for any failure to act pursuant to this amendment.

Section 13. The Madison County Commission shall establish the date on which these provisions shall become effective.

Amendment 863

Mobile County: Water and Sewer.

(a) Within 90 days after the ratification of this amendment, the assets and liabilities of the Water Works and Sewer Board of the City of Prichard shall be transferred to the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System. The transfer shall include all assets of the Water Works and Sewer Board of the City of Prichard and shall be conditioned upon the assumption or discharge by the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System, of all liabilities of the Water Works and Sewer Board of the City of Prichard, including, without limitation, all indebtedness, contracts, and retirement obligations. Any assumption of obligations by the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System, shall be evidenced by resolution of that board.

(b) Upon transfer of its assets and liabilities pursuant to subsection (a), the Water Works and Sewer Board of the City of Prichard shall be dissolved.

(c) The rates for water and sewer service to existing customers of Mobile Area Water and Sewer System shall not be increased at any time for reasons related to the acquisition or maintenance of the assets, liabilities, or infrastructure of the Water Works and Sewer Board of the City of Prichard.

(d) Notwithstanding ratification of this amendment in accordance with applicable state law, this amendment shall not be effective and the actions, including, but not limited to, the transfer of assets and liabilities in subsections (a) and (b), shall not take place unless both of the following have occurred:

(1) A favorable vote by the majority of those persons who reside and voted in precincts any part of which are serviced by the Board of Water and Sewer Commissioners of the City of Mobile (Mobile Area Water and Sewer System).

(2) A favorable vote by the majority of those persons who reside and voted in precincts any part of which are serviced by the Water and Sewer Board of the City of Prichard.

The votes cast on this amendment in precincts any part of which are serviced by the Board of Water and Sewer Commissioners of the City of Mobile (Mobile Area Water and Sewer System) and the votes cast on this amendment in precincts any part of which are serviced by the Water and Sewer Board of the City of Prichard shall be tabulated separately to determine whether a majority of those who voted in each area approved the amendment.

Amendment approval

Amendment 864

Mandatory participation in health care system prohibited.

(a) In order to preserve the freedom of all residents of Alabama to provide for their own health care, a law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

(b) A person or employer may pay directly for health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

(c) The purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.

Amendment approval

Amendment 865

See also: Article VIII, Alabama Constitution

Amendment to Section 177.

Sec. 177. Suffrage and Elections

(a) Every citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

(c) The Legislature shall by law provide for the registration of voters, absentee voting, secrecy in voting, the administration of elections, and the nomination of candidates.

(d) The right of individuals to vote by secret ballot is fundamental. Where state or federal law requires elections for public office or public votes on referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed.

Amendment approval

Amendment 866

Cullman County: Education - Control of Land and Resources.

(a) All sixteenth section school and school land located in Cullman County is vested in the Cullman County Board of Education. The board may manage, sell, lease, and control the land and any timber, minerals, or other natural resources of the land.

(b) Any proceeds from the sale of sixteenth section or school land shall be distributed as follows:

(1) Ninety percent shall be deposited into a trust account in Cullman County.

(2) Ten percent shall be deposited into the Cullman County Board of Education General Fund.

(c) Any interest earned on the funds deposited pursuant to subdivision (1) of subsection (b) and the funds deposited under subdivision (2) of subsection (b) shall be annually distributed to the Cullman County school system and the Cullman City school system based on the number of students residing within the then existing boundaries of each system. The number of students residing in a school system shall be based on the then existing enrollment of students in each system, adjusted by the number of students enrolled in the system who reside outside of the system, as identified by the Cullman City Board of Education. The annual distribution of interest for each of the five years immediately following ratification of this amendment shall be calculated using 2010-2011 school year student enrollment data. Thereafter, the distribution formulation shall be recalculated and updated for each five-year period based upon student enrollment data at the beginning of the five-year period.

(d) Any proceeds generated from the sale of timber, minerals, or other natural resources of the land, or from the lease of sixteenth section or school land shall be paid directly to the Cullman County Board of Education and deposited into the Cullman County Board of Education General Fund.

(e) It is the intent of the Legislature that this amendment supersede any other provision of this constitution which may be construed as being in conflict with this amendment as it relates to sixteenth section or school lands in Cullman County and the rights, power, and control of the property relating to the sale, lease, or other disposition of the land or the sale of timber, minerals, or other natural resources generated by the land, or any proceeds or interest earned therefrom.

(f) Upon ratification of this amendment, all proceeds realized from the sale, lease, or other disposition of sixteenth section or school land or the sale of timber, minerals, or other natural resources generated by Cullman County sixteenth section or school lands occurring before ratification of this amendment, and held in trust by the State of Alabama, shall continue to be held in trust and any revenue and interest derived from those transactions shall be paid to the custodian of funds of the Cullman County Board of Education.


Amendment 867

Perry County: Salaries - Sheriff.

The Legislature, from time to time, by general or local laws applicable to or operative in Perry County, may fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of compensation, to be charged or received by the sheriff of the county; and may place the sheriff on a salary and provide for the fees, commissions, allowances, and percentages collectible by the sheriff, to be paid into the county treasury.

Amendment 868

Etowah County: Retirement.
No information for Amendment 868 of the Alabama Constitution could be found on the Alabama State Legislature's website.

Amendment 869

Jackson County: Repeal of Amendment 846.

Amendment No. 846 of the Constitution of Alabama of 1901, now appearing as Section 1.50, Jackson County, Local Constitutional Amendments of the Official Recompilation of the Constitution of Alabama of 1901, relating to special elections to fill vacancies in county offices, is repealed.

Amendment 870

Marshall County: Board of Education - Election of Members; Operation.

The Legislature, by local law, from time to time may provide for the election of the members of the Marshall County Board of Education and may provide further for the operation of the board. Such local act or acts may include, but are not limited to, providing for termination of the terms of members of the existing county board of education; vacancies; the composition of the county board of education; initial and succeeding terms of office, including staggered terms; and qualifications, powers, duties, responsibilities, and compensation of the board and board members.


Amendment 871

Compensation and expenses of members of Legislature.

Section 1. (a) The Legislature recognizes that the public trust in the legislative body is of paramount importance. The Legislature further recognizes that government transparency and accountability are vital to the preservation of the public trust. To that end, it is the purpose of this amendment to remove the power of determining legislative compensation or expenses from the hands of the Legislature itself, to validate the basis upon which legislative compensation and expenses are established in an objective manner based on measurable standards, and to allow the citizens of Alabama to vote on this issue. It is the will of the Legislature to resolve the issue of legislative compensation and expenses once and for all by providing for compensation and expenses for members of the Legislature and the President of the Senate and by providing for compensation to be paid at the same rate as the median household income in Alabama and expenses in the same amounts and manner as expenses are allowed under law for state employees generally.

(b) All laws or parts of laws in conflict with this amendment are repealed, including, but not limited to: Those portions of Amendments 39, 57, and 339 of the Constitution of Alabama of 1901, relating to the compensation and expenses of members of the Legislature; Act 87-209, Act 90-490, Act 91-95, Act 91-108, and Act 2007-75; and Section 29-1-8, Code of Alabama 1975.

Section 2. The annual basic compensation for each member of the Legislature and the President of the Senate shall be the median annual household income in Alabama, as ascertained and adjusted each year by the State Personnel Board to take effect on the first day of January of each year.

Section 3. (a) No member of the Legislature or the President of the Senate may receive reimbursement for any expenses except as provided in this section.

(b) Subject to approval by the President of the Senate or by the Speaker of the House for the respective members of their Houses, and except as otherwise provided in subsection (d), a member of the Legislature may be reimbursed for any of the following:

(1) Expenses incurred for travel on official business in the same amounts or at the same rates as for state employees traveling in the service of the state under state law, rules, and policies, provided that, for a member of the Legislature, the travel is to a place outside his or her district.

(2) Actual expenses other than travel expenses incurred in the performance of official duties.

(3) Expenses authorized pursuant to Act 1196 of the 1971 Regular Session for the presiding officer of each House.

(c) Reimbursement for expenses may only be made under subdivision (1) and (2) of subsection (b) after a determination of the presiding officer of the member's House that the travel or expense is in the service of the state and on submission of a signed voucher submitted in the same manner as a request for reimbursement of expenses by a state employee.

(d) Except for the expenses of transportation, no member of the Legislature who resides less than 50 miles from the seat of government may be reimbursed for any travel expenses for travel between his or her place of residence and the seat of government.

(e) In making the determination required by subsection (c), the presiding officer of either House may not determine a particular expense incurred by any member of the Legislature was not in the service of the state on any basis that discriminates between members of the Legislature.

(f) Reimbursement for expenses authorized pursuant to this section shall be paid in a timely manner that is consistent with expense reimbursement regulations jointly promulgated by the President of the Senate and the Speaker of the House pursuant to the Alabama Administrative Procedure Act. Such regulations shall, to the extent possible, mirror similar regulations applicable to state employees. The President of the Senate and the Speaker of the House may not discriminate between members of the Legislature regarding the timely reimbursement of authorized expenses.

(g) The State Personnel Board may promulgate such rules as it deems necessary to enforce its responsibilities under this amendment and, in conjunction with the Comptroller, shall provide an annual report on compensation and reimbursement of expenses to members of the Legislature.

Section 4. (a) The compensation and reimbursement for expenses provided in Sections 2 and 3 shall constitute the total amounts payable to the presiding officers and members of the Legislature, beginning with the terms commencing immediately after the 2014 General Election.

(b) The Legislature may not increase, supplement, or otherwise enlarge the compensation or reimbursement for expenses payable to its members by this amendment.

Amendment approval

Amendment 872

See also: Article XII, Alabama Constitution

Amendment to Sections 229, 239, and 240; Repeal of Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, and 246.

1. Section 229 of the Constitution of Alabama of 1901, as amended by Amendment 27, is amended to read as follows:

"Section 229. "The Legislature shall pass general laws under which corporations and other entities may be organized, authorized to do business or conduct their affairs, operated, dissolved, and regulated; such laws, now existing or hereafter passed, shall be subject to amendment or repeal by general law. The Legislature, by general law, shall provide for the payment to the State of Alabama of a tax on the privilege of doing business in Alabama or being organized, incorporated, qualified, or registered under the laws of Alabama. Strictly benevolent, educational, or religious corporations shall not be required to pay such a tax on their withdrawable or repurchasable shares to the extent they have such shares."

2. Section 239 of the Constitution of Alabama of 1901, is amended to read as follows:

"Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this state, and connect the same with other lines; and the legislature shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph or telephone company owning a complete [competing] line, or acquire, by purchase or otherwise, any other competing line of telegraph or telephone."

3. Section 240 of the Constitution of Alabama of 1901, is amended to read as follows:

"Section 240. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.

"Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her."

4. The following sections of the Constitution of Alabama of 1901, relating to private corporations and railroads and canals are repealed: Section 230, relating to the cancelation of certain corporate charters; Section 231, relating to limitation on remitting forfeiture of corporate charters; Section 232, as amended by Amendment 473, relating to foreign corporations doing business in the state; Section 233, relating to corporations being restricted to business authorized by the charter; Section 234, relating to restrictions on the issuance of corporate stocks and bonds; Section 236, relating to security for dues from private corporations and liability of stockholders; Section 237, relating to issuance of preferred stock by corporations; Section 243, specifying that the regulation of railroad companies is vested in the Legislature; Section 244, relating to prohibiting the giving of free passes or discount tickets to members of the Legislature or officers exercising judicial functions; Section 245, relating to railroads not giving rebates or bonuses and deceiving or misleading the public as to rates; and Section 246, relating to acceptance of article as a prerequisite to benefits to future legislation.

Amendment approval

Amendment 873

See also: Article XIII, Alabama Constitution

Amendment to Section 247; Repeal of Sections 248, 249, 251, 252, 253, 254, and 255.01.

1. Section 247 of the Constitution of Alabama of 1901, is amended to read as follows:

"Section 247. Authority of Legislature.

"(a) The Legislature shall not have the power to establish or incorporate any bank or banking company or moneyed institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. No bank shall be established otherwise than under a general banking law.

"(b) There shall be no limit of time for the duration of a corporation organized as a bank or banking company, and it shall not be necessary to renew or extend the life or charter of any such corporation now existing. All extensions of the life or charter of any such corporations are ratified and confirmed.

"(c) Neither the state, nor any political subdivision thereof, shall be a stockholder in any bank, nor shall the credit of the state or any political subdivision thereof be given or lent to any banking company, banking association, or banking corporation.

"(d) The Legislature, by appropriate laws, shall provide for the examination, by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this state; and each of such banks and banking companies or institutions, through its president, or such other officer as the Legislature may designate, shall make a report under oath of its resources and liabilities at least twice a year."

2. The following sections of Article XIII of the Constitution of Alabama of 1901, relating to banks and banking, are repealed: Section 248, relating to banking laws being general, specie basis, and the authority to issue bills to circulate as money; Section 249, relating to bills or notes issued as money redeemable in gold or silver and specifying laws may not sanction suspension of the specie payments; Section 251, as amended by Constitutional Amendment 51, relating to termination of business; Section 252, relating to maximum rate of interest; Section 253, relating to state and political subdivisions not to be stockholders in banks or lend credit thereto; and Section 254, relating to examinations of banks by public officers and semiannual reports by banks.

3. Section 255.01, relating to nonresidents making mortgage loans, is repealed on the contingency that a new Article XII is adopted as a part of the Alabama Constitution which repeals existing Section 232 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and on the contingency that a bill is enacted that repeals Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, relating to the consequences of a foreign corporation transacting business without registration, and which provides that Sections 10A-1-7.21 through and including Section 10A-1-7.24, Code of Alabama 1975, shall instead apply to a foreign corporation transacting business without registering with the Secretary of State.

Amendment approval

Amendment 874

Bullock County: Retirement.
No information for Amendment 874 of the Alabama Constitution could be found on the Alabama State Legislature's website.

Amendment 875

Lawrence County: Municipalities - Jurisdiction.

A municipality located entirely outside of Lawrence County is prohibited from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Lawrence County. A municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Lawrence County, other than public safety mutual aid.

Amendment approval

Amendment 876

Calhoun County: Elections - Absentee Ballots.

Upon the expiration of the current term of office of the Clerk of the Circuit Court of Calhoun County, the Calhoun County Commission shall manage the processing of absentee election ballots. The county commission may process the ballots with staff of the county commission at no cost or may process the ballots by the hiring of temporary employees or by contracting with a nonprofit agency. Notwithstanding the foregoing, nothing in this amendment shall change the manner, rate, or amount Calhoun County or the Calhoun County Commission is reimbursed for an election.

Amendment 877

Winston County: Salaries and Duties - Judge of Probate.

Effective with the term of office beginning in January 2013, the Judge of Probate of Winston County shall be compensated on a salary basis paid in equal monthly installments from the general fund of the county. The initial annual salary of the judge of probate shall be equal to 80 percent of the annual compensation paid by the state to the district court judge of the county on the date of the ratification of this amendment. Thereafter, any increases in compensation shall be applied pursuant to Chapter 2A of Title 11, Code of Alabama 1975.

The Winston County Commission shall provide for operating expenses of the office of judge of probate pursuant to general law.

All fees, commissions, allowances, percentages, and other charges allocable to the Judge of Probate of Winston County shall be collected, but shall be paid into the general fund of Winston County.

The judge of probate shall perform all duties relating to the issuance of motor vehicle license plates in the county and shall perform all duties relating to the assessment and collection of ad valorem taxes on motor vehicles, which have heretofore been performed by the revenue commissioner. The revenue commissioner is relieved of all duties and responsibilities relating to the assessment and collection of taxes on motor vehicles. The judge of probate shall receive the commissions and fees currently allocated to the revenue commissioner for performing these functions, and these fees and commissions shall be remitted to the county general fund. Reporting and remitting of the collections of these fees shall be made by the judge of probate or as otherwise required by law.

This constitutional amendment, after its ratification, shall become effective the beginning of the next term of office of the judge of probate.