Title 22. Cullman 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 §22-2.00. Compensation of Certain Officials. (Amendment 137) The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Cullman county, and the fees, commissions, percentages, allowances, and compensation of any officer of Cullman county, and may change the method or basis of compensating any officer of Cullman county, including the power to place any such officer on a salary and to provide for the fees, commissions, percentages, or allowances collectible by such officer to be paid into the treasury from which his salary is paid. (Amendment 137) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development RESERVED ”

Chapter 4

“ Chapter 5. Education Article 1. Board of Education §22-5.00. Control of Sixteenth Section School Lands. (Amendment 866) (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 866) ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §22-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 889) No elected or appointed Cullman 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 Cullman 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, and shall be treated as an employee of the county. Cullman County officials including the sheriff 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 Cullman County official" shall include any person appointed to serve the remaining term of an elected or appointed Cullman 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 889) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Office of Sheriff §22-9.00. Discretionary Fund. (Amendment 943) Effective beginning the next term of office of the Sheriff of Cullman County after the ratification of this amendment, any allowances or other amounts received by the sheriff for feeding prisoners shall be deposited in a separate account in the county treasury to be known as the "Sheriff's Discretionary Fund" and shall be used by the sheriff for the feeding of prisoners in the county jail. Any funds in the Sheriff's Discretionary Fund over the amounts needed for feeding prisoners may be used by the sheriff for law enforcement purposes and for the operation of the office of the sheriff. Any funds in the Sheriff's Discretionary Fund shall be carried over from year to year. In the event additional amounts are needed by the sheriff for the feeding of prisoners, the amounts shall be paid by the sheriff from any other discretionary funds available for the operation of the office of the sheriff. The sheriff shall not be subject to the competitive bid law for the purchase of food or supplies used for feeding prisoners in the county jail. Also, effective at that time, the sheriff shall receive an annual salary equal to the annual salary of the Judge of Probate of Cullman County not to include any compensation received by the judge of probate for election purposes. (Amendment 943) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §22-10.00. Occupational Tax Prohibited. (Amendment 848) 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 848) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities RESERVED ”

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.