Title 11. Chiton County, Local Provisions, Alabama Constitution

Alabama Constitution
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §11-2.00. Compensation of Certain Officials. (Amendment 346) The legislature may, from time to time, by general or local laws applicable to or operative in Chilton county, fix, regulate, and alter the costs and charges of court and the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, tax assessor, tax collector, the clerk of circuit court, and the register of circuit court of Chilton county; may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. No law shall, however, be effective to increase or diminish the compensation of any such officer of Chilton county during the term for which he shall have been elected or appointed. The legislature may also, from time to time, by general, special or local laws, fix, regulate and alter the costs and charges of courts in Chilton county and the method of disbursement thereof. (Amendment 346) ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations RESERVED ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §11-4.00. Chilton County and Municipalities Therein. (Amendment 679) 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 679) ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §11-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 704) 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 704) Article 2. Employee Personnel Boards §11-8.20. Participation of Sheriff’s Employees. (Amendment 722) 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 722) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Animal Control §11-9.00. Control of Dangerous Dogs. (Amendment 936) The Legislature, by local law applicable to those areas of Chilton 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 936) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §11-10.20. Vocational School; Industrial Development. (Amendment 166) Section 1. The court of county commissioners, board of revenue, or like governing body of Chilton county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar's worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes. Section 2. In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Chilton county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Chilton county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same. Section 3. The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action. Section 4. This amendment shall be self-executing and shall require no enabling legislation. (Amendment 166) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §11-11.00. Fire Protection Purposes. (Amendment 680) 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. (Amendment 680) ”

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Text of the Constitution
• An Overview of Alabama's Six Constitutions
• Alabama Citizens for Constitutional Reform

Additional reading

• Connor, George E. Connor, and Christopher W. Hammons (2008). The Constitutionalism of American States. Columbia, Missouri: University of Missouri Press.
• McMillan, Malcolm Cook (1955). Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism. Chapel Hill, North Carolina: University of North Carolina Press.