Title 33. Hale 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. Judges §33-2.00. Judge of Probate; Compensation; Duties. (Amendment 481) The judge of probate of Hale county shall be compensated on a salary basis. He shall receive in equal monthly installments from the general fund of Hale county such salary as provided by general law. Such salary shall be the entire compensation received by such judge for his services in any official or ex officio capacity. Such salary shall be in lieu of all fees, commissions, allowances, percentages and other charges heretofore paid to the judge of probate of Hale county. All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Hale county shall hereafter continue to be collected but shall be paid into the general fund of Hale county. The governing body of Hale county shall provide the judge of probate with such office personnel, clerks, deputies and such quarters, books, stationery, furniture, equipment and other such conveniences and supplies as such governing body may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county governing body and shall be paid in equal monthly installments out of the general fund of Hale county. The legislature may hereafter, from time to time, by general, special or local laws, fix, regulate and alter the fees, commissions, allowances, compensation or salaries to be charged or received by the judge of probate of Hale county, and may provide for the operation of his office. The legislature may hereafter, from time to time, by general, special or local laws further provide for the distribution of the fees, commissions, allowances, percentages and other charges herein provided for. This constitutional amendment after its adoption shall not become effective until the beginning of the next term of office of the probate judge. (Amendment 481) Article 2. Court Costs §33-2.20. County Jail. (Amendment 686) In addition to any court costs and fees now or hereafter authorized in Hale County, the Hale County Commission may impose by resolution of the commission an additional fee in an amount not to exceed fifty dollars ($50) to be assessed and taxed as costs on each civil case and on each criminal case, including domestic relations and traffic cases, but excluding small claims cases, filed in the circuit court, district court, or any municipal court in Hale County. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived. The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Hale County to be used by the commission for the planning, designing, construction, financing, furnishing, equipping, and operation of a new county jail and for general county purposes. (Amendment 686) ”

Chapter 3

“ Chapter 1. County Government, Finance, and Operations RESERVED ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §33-4.00. Hale County and Municipalities Therein. (Amendment 313) Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the county governing body and/or any municipality in Hale county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more 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 and 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 become a stockholder in any corporation, association or company. 5. 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. 6. 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 fifty 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 above 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 (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment. 7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or any municipality in Hale county or upon all property in any district the boundaries of which the governing body of the county or municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax. 8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it. 9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any municipality in Hale county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the governing body of the county or any municipality in Hale county. 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 or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the county or any municipality in Hale county for the purpose of determining the borrowing capacity of the county or any such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto. This 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 purposes and objectives hereinabove set forth. 10. Neither the county nor any municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county or the affected municipality. The governing body of the county or any municipality in the county may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks. (Amendment 313) ”

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 §33-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 760) No person elected or appointed sheriff, or any elected or appointed Hale 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 Hale 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. Hale 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. 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, constable, school board member, or any official elected from a judicial circuit. (Amendment 760) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §33-10.00. Ad Valorem Tax for Law Enforcement Purposes. (Amendment 855) (a) The amount of funds in excess of the amount of funds utilized for the jail pursuant to Act 92-565 of the 1992 Regular Session (Acts 1992, p. 1177), authorizing the Hale County Commission to levy an additional ad valorem tax in the amount of three mills pursuant to subsection (f) of Section 217, shall be deposited in the Hale County General Fund and distributed for law enforcement purposes only. (b) After the costs of planning, constructing, and equipping a new county jail are fully paid or when all bonds, warrants, or other obligations have been retired pursuant to Act 92-565, the additional ad valorem tax in the amount of three mills shall continue to be collected and distributed pursuant to subsection (a). (c) This constitutional amendment shall have retroactive effect to May 21, 1992. (d) Act 2011-256 of the 2011 Regular Session is hereby specifically repealed. (Amendment 855) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §33-11.00. Fire Protection Purposes. (Amendment 603) (a) In addition to all other ad valorem taxes levied, the Hale County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1996, an ad valorem tax on all taxable property located in Hale County at a rate of two mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into the county general fund and distributed for the benefit of fire protection. (b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Hale County Fire Fighters Association. The county association shall divide the funds equally among all eligible volunteer fire departments and the Alabama Forestry Commission at each monthly meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds. (c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. All eligible volunteer fire department shall mean a volunteer fire department located in Hale County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Hale County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission 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 and the Alabama Forestry Commission. (d) The Alabama Forestry Commission's share of these funds collected shall be used in Hale County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries. (e) 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. (f) The personnel of volunteer fire departments and the Alabama Forestry Commission 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 and the Alabama Forestry Commission. (Amendment 603) ”

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.