Title 27. Escambia 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 §27-2.00. Compensation of Certain Officials. (Amendment 391) The legislature may, from time to time, by general or local laws applicable to or operative in Escambia county and approved by a majority of the qualified electors of Escambia county at a referendum election, 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 county officials of Escambia county; and may place any or all of such officials on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officials to be paid into the treasury from which their salaries are paid. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officials in Escambia county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any official in Escambia county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect. (Amendment 391) ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations Article 1. Oil and Gas Revenues and Funds §27-3.00. Distribution. (Amendment 536) A. The Escambia County commission shall distribute oil and gas revenues as provided in this amendment. 1. The Escambia County Oil and Gas Severance Trust, established by Act No. 84-576, H. 664 of the 1984 Regular Session (Acts 1984, p. 1198), its corpus and income shall be continued as provided by Sections 1 and 2 of that act. 2. The members of the Escambia County commission, or their successors in office, shall constitute the trustees of the trust. Provided, however, the members of the Escambia County commission, or their successors in office, may in their discretion, appoint one or more trustees or escrow agents for the trust which trustees or escrow agents shall be trust companies or national or state banks having powers of a trust company within or without the State of Alabama. The trustees shall invest the corpus of the trust only in direct general obligations of, or obligations the payment of the principal of and interest on which are conditionally and irrevocably guaranteed by the United States of America. Provided, however, that, notwithstanding any legal limitation that might otherwise be applicable, the trustees shall further have the authority in their discretion to invest such trust fund in certificates of deposit of any savings and loan associations or banks whether federally or state chartered whose principal office is located in the state, provided that such funds so invested are fully secured by pledge of eligible United States treasury securities. 3. Commencing with the 1984-1985 fiscal year, up to eighty percent (80%) of the net income from the investments authorized in Section A2 of this amendment shall be distributed quarterly, semiannually or annually, as designated by the trustees, to the general fund of the county. 4. The provisions of A1, A2, and A3 of this amendment shall not terminate at the end of twenty years, unless a majority of the qualified electors of the county vote to terminate the provisions by a constitutional amendment duly proposed by the Alabama legislature. B. Excluding the revenues and income from Section A1, A2 and A3 of this amendment, one-third (1/3) of all net funds when received pursuant to Sections 40-20-8(c)(3) and 40-20-8(c)(4), Code of Alabama 1975, as amended, by Escambia County from the severance tax levied, pursuant to Section 40-20-2, Code of Alabama 1975, as amended, shall be paid to the Escambia County board of education, to be used for educational purposes and to be distributed as follows: Each public board of education now in existence or hereafter created in Escambia County shall receive a pro rata share of said monies based upon the relation its average enrollment in its schools during the preceding school year bears to the average enrollment of all public schools in Escambia County. 1. The funds received by Escambia County prior to the effective date of this amendatory act from severance tax or privilege tax on oil and gas under any general law, including Sections 40-20-1 through 40-20-13, Code of Alabama 1975, as amended, or any local law whatsoever, and deposited in the county treasury designated as the “Escambia County courthouse and county jail trust fund,” shall be distributed as follows: (1) All the interest from such investment shall be deposited in the county general fund; (2) Up to $500,000.00 of the principal shall be deposited in the county general fund; and (3) The remaining principal shall be deposited as principal into the “Escambia County oil and gas severance trust” as established in Act No. 84-576, H. 664, 1984 Regular Session (Acts 1984, p. 1198), as amended. The earned interest that is generated by this transfer of principal shall be expended according to the provisions of the said Act No. 84-576, as amended, and by Sections A1, A2 and A3 of this amendment. 2. An amount equal to one-tenth of the net funds received by Escambia County pursuant to Sections 40-20-1 through 40-20-13 of the Code of Alabama 1975, as amended, for the general fund of the county or one hundred thousand dollars ($100,000.00) of such funds, whichever is the lesser, shall be appropriated by the Escambia County commission from the county general fund to the Escambia County Industrial Development Authority, created by Act No. 894, S. 773, of the 1978 Regular Session (Acts 1978, p. 1330). Futhermore, the governing body of Escambia County is hereby authorized to deposit directly into an account authorized by the Escambia County Industrial Development Authority on a monthly installment basis. Said development authority shall have the authority to contract with any municipality in Escambia County for services it deems appropriate out of the funds allocated by this section. Any such monies which are not expended by the said authority by September 20, 1982, and each September 30 thereafter, shall at the request of the Escambia County commission be returned to the general fund of the county. The provisions of this subsection shall become effective immediately upon the first receipt of funds by Escambia County pursuant to Act No. 79-434, H. 148 of the 1979 Regular Session (Acts 1979, p. 687), as amended. 3. An amount equal to ten percent of the total of all net funds received by Escambia County after the effective date of this act, and distribution of funds as provided in Section B1 hereof, from a severance tax or privilege tax on oil and gas under any general law, including Sections 40-20-1 through 40-20-13, Code of Alabama 1975, as amended, or any local law whatsoever, or not otherwise herein allocated, distributed or designated, shall be deposited in the Escambia County general fund. The provisions of this subsection B3 become effective immediately upon the first receipt of funds by Escambia County pursuant to Act No. 79-434, H. 148, 1979 Regular Session (Acts 1979, p. 687), as amended. (Amendment 536) §27-3.01. Investment and Loan of Funds. (Amendment 885) In addition to any other authority granted pursuant to the Constitution or otherwise authorized by law, the trustees of the Escambia County Oil and Gas Severance Trust may loan all or any part of the funds on deposit in the trust fund to Escambia County, and the Escambia County Commission may borrow the funds from the trust fund and shall be required to expend all funds borrowed solely for the purpose of economic and industrial development in Escambia County or for the construction, maintenance, or repair of roads and bridges or other capital projects within Escambia County. Any loan by the trust fund shall be a general obligation of Escambia County, the repayment of which shall be made in equal semi-annual installments of principal and interest over a term not to exceed 15 years from the date of the loan, at a rate of interest equal to one percent more than the published market rate payable on 10-year term U.S. Treasury Notes prevailing on the date of the loan. In addition, the trustees may invest the trust funds in other investments as otherwise provided by local law and any prior local law authorizing the investment of trust funds is ratified and confirmed. (Amendment 885) ”

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 8. Officials and Employees Article 1. Retirement §27-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 788) No mayor or elected or appointed Escambia 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 mayor or elected or appointed Escambia 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. Mayors and Escambia 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. 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 Escambia County official" include, subject only to express limitation, any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed Escambia County official. The words do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 788) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Health §27-10.20. Special Tax for Hospitals and Public Health Purposes. (Amendment 70) If the tax is authorized by vote of a majority of the qualified electors of Escambia county who participate in any election called for that purpose, the governing body of said 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. 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 percent of the qualified electors of the county, requesting that the election be called. The election shall be conducted in the manner which the governing body of the county prescribes. (Amendment 70) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Annexation §27-11.00. Canoe Landmark District. (Amendment 963) (a) For the purposes of this amendment, the "Canoe Landmark District" in Escambia County is defined as follows: All of Sections Thirteen (13), Twenty-four (24), Twenty-five (25) and Thirty-six (36) and that portion of Twelve (12) which lies south of Cowpen Creek; in Township one North (T1N), Range Six East (R6E) and Sections Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-nine (29), Thirty (30), Thirty-one (31) and Thirty-two (32) and that portion of Sections Seven (7) and Eight (8) which lie south of Cowpen Creek; in Township one North (T1N), Range Seven East (R7E) of Escambia County, Alabama. This Landmark District may be further described as: Beginning at the Northwest (NW) Corner of Section Thirteen (13) of Township One North, Range Six East (T1N, R6E), run South along said Section Lines to the Alabama/Florida State Line which is at the Southwest Corner (SW Cor) of Section Thirty-six (36), thence Run East along the said State Lines to the Southeast Corner (SE Cor) of Section Thirty-two (32) of T1N, R7E, thence run North along the East Boundary of said Section Lines to the Northeast Corner (NE Cor) of Section Seventeen (17) of T1N, R7E, thence run West along the North Boundary of said Section Lines to the intersection of said Section Line and Cowpen Creek, thence follow the meandering of said creek Westerly to the intersection of said creek and Sections Twelve/Thirteen (12 and 13) of Township One North, Range Six East (T1N, R6E), thence run West along said Section lines back to the point of beginning. (b) No property within the Canoe Landmark District may be annexed into any municipality by local law. (c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Canoe Landmark District. (Amendment 963) ”

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.