Title 18. Conecuh County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
Articles
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §18-2.00. County Jail. (Amendments 634 and 753) (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). (Amendments 634, 753) ”

Chapter 3

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

Chapter 4

“ Chapter Chapter 4. Economic and Industrial Development Article 1. Water Conservation and Supply §18-4.00. Conecuh County Reservoir Management Area. (Amendment 767) 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 Conecuh County the incorporation of a public corporation as a political subdivision of the state to be named the Conecuh County Reservoir Management Area Authority, for the development of that portion of Murder Creek in Conecuh County and within the Conecuh County 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. The 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 provide for the boundaries and authorize the authority to investigate the resources of the Conecuh County 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 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 the bonds and notes may have been issued, may provide further for certain taxes, may provide that the bonds and notes shall constitute negotiable instruments, may provide that the 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 the 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 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 Conecuh County Commission and the municipalities located within Conecuh 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, may grant 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 exempt 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 Conecuh County 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 Section 93, or any other provision of this constitution or the laws of this state. (Amendment 767) ”

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 Employee Article 1. Retirement §18-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 635) 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 635) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §18-10.00. Trucks, Truck-Tractors, Trailers, and Semitrailers. (Amendment 435) Notwithstanding any law to the contrary, the Conecuh county commission is hereby authorized to establish, by validly enacted ordinance, the amount of all Conecuh county annual license taxes and registration fees and ad valorem taxes on all trucks, truck-tractors, trailers and semitrailers located within the county. (Amendment 435) Article 2. Schools §18-10.20. Special Tax for Educational Purposes. (Amendment 812) (a) In addition to the one-half mill of ad valorem tax levied by Section 269.08, 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 Section 269.08 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 Section 269.08. (Amendment 812) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §18-11.00. Creation of Districts; Collection of Fees. (Amendment 528) 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 528) ”

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.