Title 15. Cleburne County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI •XII •XIII •XIV • XV • XVI • XVII • XVIII
Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §15-2.00. Compensation of Certain Officials. (Amendments 331 and 347) The legislature may from time to time, by general or local laws applicable to or operative in Cleburne county, fix, regulate, and alter the costs and charges of courts and the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate or by any other officer of Cleburne county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. (Amendments 331 and 347) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development RESERVED ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter Chapter 8. Officials and Employees Article 1. Retirement §15-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 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 632) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §15-10.20. Special Tax for Educational Purposes. (Amendment 123) In addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, the several school districts or Cleburne county shall have the power to levy and collect a special district tax of fifty cents ($.50) on each one hundred dollars ($100) worth of taxable property in such districts for public school purposes; provided, that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election, the election to be held in the same manner as now provided by law for an election on the school district tax authorized in Sections 269.01 through 269.03. The funds arising from such special tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district, as the law may direct. (Amendment 123) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §15-11.00. Fire Protection Purposes. (Amendment 586) 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 586) ”

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.