Title 25. DeKalb 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 §25-2.00. Compensation of Certain Officials. (Amendment 134) The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in DeKalb county and the fees, commissions, percentages, allowances, and salary, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, register, and circuit clerk of DeKalb county, including the right to place any of such officers on a salary and provide for the fees charged or collected by them to be paid into the treasury from which their salaries are paid. (Amendment 134) ”

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 Environemnt Article 1. Health §25-6.00. Methadone Clinic. (Amendment 814) 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 814) ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Compensation §25-8.00. Certain Public Officials. (Amendment 337) The legislature may from time to time, by general or local laws applicable to or operative in DeKalb county, fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, and clerk and register of the circuit court of DeKalb 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. (Amendment 337) Article 2. Retirement §25-8.20. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 786) 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 786) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §25-10.00. Occupational Tax Prohibited. (Amendment 813) 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 813) Article 2. Health §25-10.20. Special Tax for Hospitals and Public Health Purposes (Amendment 65) If the tax is authorized by vote of a majority of the qualified electors of the county who participate in any election called for that purpose, the governing body of DeKalb county must levy and collect, in addition to all other taxes authorized by law, a special county tax, not exceeding four mills on each dollar of taxable property in the county, to be used solely for acquiring, by purchase, lease, or otherwise, constructing, operating, equipping, or maintaining county hospitals, or other public hospitals, non-profit hospitals and public health facilities, or to pay any existing debt or liability incurred by the county for such purposes. An election may be called at any time by the governing body of the county, and must be called within three months of receipt of a petition signed by not less than five per cent of the qualified electors of the county requesting that the election be called. The election shall be conducted in the manner prescribed by the governing body of the county. (Amendment 65) Article 3. Schools §25-10.40. Special Property Tax for Educational Purposes. (Amendment 146) The court of county commissioners, board of revenue, or like governing body of DeKalb 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 seven and one-half mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, provided that the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election; and, provided further, that the total of all taxes levied for educational or school purposes in any school district of the county shall not exceed a total of fourteen and one-half mills on each dollar's worth of taxable property located in the district. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03, by article 7, chapter 10, Title 52, Code of Alabama (1940). The tax shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected. The proceeds of the tax authorized by this amendment shall be used exclusively for educational purposes, provided that the revenue derived from four and one-half mills of the total rate of taxation authorized herein shall be devoted only to purposes of capital outlay, and the revenue derived from the remaining three mills shall be devoted to current operating expenses. (Amendment 146) §25-10.41. Warrants Payable from Proceeds of Special Taxes for Educational Purposes. (Amendment 210) In addition to all other purposes for which the county board of education or any city board of education in DeKalb county is authorized by law to issue and sell warrants payable out of the proceeds from any special school tax or special tax for educational purposes generally, duly levied pursuant to this Constitution or amendments thereto, the county board of education of DeKalb county or the city board of education of any city in such county is authorized to issue and sell warrants payable out of the proceeds of such special taxes for the purpose of refinancing any deficit created by proration of school funds prior to June 1, 1962. Before any warrants are issued hereunder the existence of such deficit and the amount thereof shall be determined by the state department of examiners of public accounts and certified to the board of education desiring to issue the warrants. All warrants issued hereunder shall be issued, sold, redeemed and otherwise handled in the same manner and upon the same terms and conditions as warrants issued pursuant to article 4, chapter 10, Title 52, Code of 1940. (Amendment 210) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §25-11.00. Fire Protection Purposes. (Amendments 637 and 728) (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. (Amendments 637 and 728) ”

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.