Title 28. Etowah County, Local Provisions, Alabama Constitution

Alabama Constitution
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §28-2.00. Law Library. (Amendment 235) The legislature may by general or local law provide that a trial tax or charge on litigation of not more than ... dollars ($...) shall be taxed as costs in any case, action, or proceeding hereafter filed in the circuit court of Etowah county, whether at law or in equity, and that a like tax or charge of not more than ... dollars ($...) shall be taxed as cost in any case hereafter filed in the Etowah county court, the proceeds of such tax or charge shall be used for establishing, equipping, maintaining and operating the public law library in Etowah county established pursuant to Act No. 191, H. 596, which became effective August 1, 1955 (Acts of Alabama 1955, page 485), including the payment of the salaries of the personnel needed to operate such library. (Amendment 235) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §28-4.00. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429) For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale. In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature. Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless: (a) The price be approved at a public meeting of the governing body of such county or municipality; and (b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and (c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429) [Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.] §28-4.02. Etowah County and Municipalities Therein. (Amendment 761) Promotion of Economic and Industrial Development in Etowah County and any Municipality Located Therein. (a) For the promotion of local economic and industrial development within Etowah County and any municipality located therein, any other provisions of law or the Constitution of Alabama of 1901 notwithstanding, the county and any municipality located therein shall have, without an election, full and continuing power to do any or all of the following: (1) To purchase, construct, lease or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery, and equipment of any kind. (2) To lease, sell for cash or on credit, exchange, give, transfer, or convey any such property described in subdivision (1) above to any person, firm, association, or corporation. (3) To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein. (4) To lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever. (5) To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 percent of the assessed value of taxable property therein, as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of Etowah County or such municipality or may be limited as to the source of their payment. (6) To create a public authority, corporation, agency, or board having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Etowah County or such municipality may impose, by approving and filing a certificate to that effect in the office of the Judge of Probate of Etowah County or the Secretary of State, or their respective successors in function, and to delegate to such public authority, corporation, agency, or board and its board or governing body all powers and authority conferred in this amendment upon the governing body of Etowah County or such municipality. (7) To delegate all powers and authority conferred in this amendment upon the governing body of Etowah County or such municipality to an existing public authority, corporation, agency, or board having similar powers to those provided herein, which public authority, corporation, agency, or board is managed and governed by a board or governing body and is subject to such limitations as the governing body of Etowah County or such municipality may have imposed or, subsequent to the ratification of this amendment, may impose. (b) The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and are not in derogation of, the powers otherwise granted by law or the Constitution of Alabama of 1901, to the governing body of Etowah County or such municipality, or to any public authority, corporation, agency, or board created or approved thereby pursuant to the laws of this state and the Constitution of Alabama of 1901, and nothing in this amendment shall be deemed to have repealed any powers of the governing body of Etowah County or such municipality or any such public authority, corporation, agency, or board that have previously been granted to the governing body of Etowah County or such municipality or any such public authority, corporation, agency, or board including, without limitation, those contained within Section 28-4.00. (c) The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of Etowah County or such municipality for the purpose of determining the borrowing capacity of Etowah County or such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901. (d) In carrying out the purposes of this amendment, neither the governing body of Etowah County, such municipality, nor any public authority, corporation, agency, or board delegated the powers set forth herein, shall be subject to the provisions of Section 93 or Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature shall have the right and power by general, special, or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such general, special, or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901. (Amendment 761) ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming Article 1. Bingo §28-7.00. Operation of Bingo by Nonprofits. (Amendment 506) The operation of bingo games for prizes or money by certain nonprofit organizations for charitable or educational purposes shall be legal in Etowah county, subject to the provisions of any resolution by the county commission. The county commission shall have the authority to promulgate rules and regulations for the issuance of permits or licenses and for operation of bingo games; provided, however, the county commission must insure compliance pursuant to said law and the following provisions: (a) No person under the age of 19 shall be permitted to play any game or games of bingo, unless accompanied by a parent or guardian; nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo; (b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 5 years immediately prior to the issuance of the permit or license except the tax-exempt Etowah county council on aging is exempt from the time requirement; (c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games; (d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees nor any compensation nor salary to any individual or entity for any services performed in relation to the operation or conduct of a bingo game; (e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game; (f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week. (g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law. The provisions of this constitutional amendment shall be self-executing, but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the general purposes and objectives herein set forth. (Amendment 506) ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Compensation §28-8.00. Certain Public Officials. (Amendments 43 and 62) The legislature of Alabama may hereafter, from time to time by general or local laws, fix, regulate and alter the fees, commissions, allowances and salaries, including the method or basis of their compensation, to be charged or received by tax assessors, tax collectors, probate judges, circuit clerks, sheriffs, and registers of the chancery courts, including the right to place any one or all said officers on a salary and provide for the fees, allowances or compensation collected by said officers to be paid into the treasury from which their salaries are paid, in the following named county: Etowah. All acts of the legislature, heretofore passed or which may be passed by the legislature in special or regular session at any time prior to the adoption of this amendment, and applicable or purporting to be applicable to said county, and fixing or purporting to fix the compensation to said named county officers on a salary basis, are hereby validated and confirmed. (Amendments 43 and 62) Article 2. Retirement §28-8.20. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 868) No elected or appointed Etowah 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 Etowah 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. Etowah County officials, including the sheriff, 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 purposes of this amendment, the words "elected or appointed Etowah County official" do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 868) Article 3. Employee Personnel Boards §28-8.40. Sheriff’s Personnel Board; Participation. (Amendment 899) No later than the first day of the sixth month after ratification of this amendment, employees of the Office of the Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the personnel board of the office of the sheriff. The provisions of this amendment shall not affect the liability of the employees of the Office of the Sheriff of Etowah County. (Amendment 899) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Sheriff §28-9.00. Discretionary Fund for Feeding Prisoners. (Amendment 947) Effective beginning the first day of the next month after the ratification of this amendment, any allowances or other amounts received by the Sheriff of Etowah County for feeding prisoners shall be deposited in a separate account in the county treasury to be known as the "Sheriff's Discretionary Fund." The Sheriff's Discretionary Fund shall be used by the sheriff for the feeding of prisoners in the county jail and as provided herein. Any funds in the Sheriff's Discretionary Fund over the amounts needed for the purposes provided above may be used by the sheriff for law enforcement purposes, for school resource officers, and for the operation of the office of the sheriff. Any funds in the Sheriff's Discretionary Fund at the end of any fiscal year 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 funds appropriated or otherwise available for the operation of the office of the sheriff the expenditure of which is not otherwise restricted by law. 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. (Amendment 947) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §28-10.00. Real Estate License Taxes. (Amendment (684) (a) In order to allow for the orderly and efficient collection of municipal business license taxes in Etowah County with respect to corporations, firms, brokers, agents, and others in the business of buying, selling, leasing, or representing others in the purchase, sale, or lease of real property in Etowah County, the Legislature may, by local law, provide for the imposition and collection of taxes as follows: (1) Any city or municipality within Etowah County may fix and collect license taxes pursuant to Sections 11-51-90 and 11-51-91, Code of Alabama 1975, for any business, trade, or profession relating to the buying, selling, or renting of real estate on commission in Etowah County if the licensee maintains its principal place of business in the corporate limits or police jurisdiction of that city or municipality. (2) Effective January 1 following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under subdivision (1) above, every corporation, firm, broker, agent, or other person or entity engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County shall pay an annual business license tax at a rate to be set by the Legislature for the privilege of engaging in that business in every other city or municipality in Etowah County. The tax shall be collected by the License Commissioner of Etowah County and shall be distributed by the License Commissioner of Etowah County to each city or municipality within Etowah County on a pro rata basis based on population. The License Commissioner of Etowah County shall be entitled to an administrative fee for administering this tax at a rate to be set by the Legislature. The fee shall to be subtracted from the license tax. (3) Effective January 1 following the ratification of this amendment and each year thereafter, except for the license taxes permitted or mandated under subdivisions (1) and (2) above, no other privilege license tax or any other fee or tax shall be imposed under Sections 11-51-90 and 11-51-91, Code of Alabama 1975, or any other law by any city or municipality within Etowah County on corporations, firms, brokers, agents, or other persons or entities engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County. (b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Etowah County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required. (Amendment 684) Article 2. Schools §28-10.20. Special School Tax. (Amendment 67) In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Etowah county, Alabama, shall have power to levy and collect a special district tax of fifty cents on each one hundred dollars worth of taxable property in such districts for public school purposes; provided, that a school district under the meaning of this section shall include Etowah county, exclusive of the municipalities of Gadsden and Attalla as one district, the city of Gadsden as one district, and the city of Attalla as one district; provided further, that the time such tax is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors in each such district and voted for by a majority of those voting at such election; and further provided that such election shall be held in the same manner as now provided for an election on the school district tax authorized in Sections 269.01-269.03; and be it further provided that the funds arising from the special school 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 67) §28-10.21. Additional Special School Tax for Educational Purposes. (Amendment 296) The court of county commissioners, board of revenue or like governing body of Etowah 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 not exceeding one half of one percent on the value of the taxable property in the county situated outside the corporate limits of Gadsden and Attalla, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes 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 residing outside the corporate limits of Gadsden and Attalla, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Gadsden and Attalla shall be called and 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 tax on property situated outside the corporate limits of Gadsden and Attalla shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for schools and other educational purposes in the territory of the county outside the corporate limits of Gadsden and Attalla. If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time. Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the cities of Gadsden or Attalla. This amendment shall be self-executing. (Amendment 296) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §28-11.00. Creation of Districts; Collection of Fees. (Amendments 432 and 445) The Etowah county commission is authorized in its discretion to establish fire districts within the geographical boundaries of Etowah county, said districts to exclude any corporate municipality. Provided, however, any corporate municipality may request through resolution of its governing body to become subject to the provisions of this amendment upon the approval of the additional tax levied herein by a majority of the qualified electors of the corporate municipality. The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services. 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 Etowah 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 within the affected area. Prior to the levy of the fire protection tax in a fire district, there shall be submitted to the electors of the district, at a special election called for that purpose in the district, 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 any particular fire district of the county or corporate municipality therein who vote at such election; provided further, that if a majority of the qualified electors of any of the fire districts participating in the election on the ratification of this amendment shall vote for the ratification of this amendment, then the approval of this amendment as expressed by the vote in said district in favor of its ratification shall, of itself, authorize the levy and collection of the tax for fire protection purposes in that fire district, commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1985. Elections on the question of the levy of a district fire protection tax 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 the same district within two years from the last election held under this amendment. Any act heretofore enacted regarding said Etowah county fire fighting districts is hereby ratified and confirmed insofar as it is consistent with this amendment. (Amendments 432 and 445) Article 2. Annexation §28-11.20. General Provisions. (Amendment (467) Any municipality that was not located wholly within the boundaries of Etowah county prior to January 1, 1986, shall not annex any territory within Etowah county without the approval of the electorate of said territory expressed in a vote on the issue of said annexation. The provisions of this amendment shall not apply to any municipality incorporated in the future that lies entirely within the boundaries of Etowah county. The provisions of this amendment shall not apply to any territory presently annexed within Etowah county by a municipality located outside of the county. The legislature may pass local or general acts to supplement this amendment, so long as such acts do not contravene the provisions of this amendment. (Amendment 467) ”

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.