Title 36. Jackson County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
Articles
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §36-2.00. Compensation of Certain Officials. (Amendment 367) The legislature may from time to time, by general or local laws applicable to or operative in Jackson county, fix, regulate, and alter the costs and charges of courts and the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, the tax assessor, and the tax collector, 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. Provided that no law changing the method or basis for compensating such officers shall become effective unless it is approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose or is approved by a majority of the qualified electors of the county who vote on the adoption of this constitutional amendment as provided for in section 2 hereof [Section 2 of Acts 1977, No. 238]. (Amendment 367) ”

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 Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §36-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 730) No person elected or appointed sheriff, or any elected or appointed Jackson 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 Jackson 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. Jackson 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, subject only to express limitation, any person elected to represent Jackson County in any representation body of the state and includes any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit. (Amendment 730) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §36-10.00. Occupational Tax Prohibited. (Amendment 817) 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 Jackson County. (Amendment 817) Article 2. Schools §36-10.20. Vocational School; Economic Development. (Amendment 174) Section 1. The court of county commissioners, board of revenue, or like governing body of Jackson 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 two mills on each one dollar's worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes. Section 2. In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Jackson county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Jackson county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same. Section 3. The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action. Section 4. This amendment shall be self-executing and shall require no enabling legislation. (Amendment 174) §36-10.21. Special Property Tax for Educational Purposes. (Amendment 203) The court of county commissioners, board of revenue, or like governing body of Jackson 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 five 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 203) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §36-11.00. Fire Protection Purposes. (Amendment 436) The legislature may, by general or local law, provide for the establishment of fire districts within Jackson county to provide fire fighting and prevention services; and may authorize the levy and collection of certain rates, fees, charges or taxes for such services. (Amendment 436) Article 2. Water §36-11.20. Jackson County Water Authority. (Amendment 519) The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of the Jackson county water authority in all or in portions of Jackson county as a public corporation to provide any one or more of the following local public services: Obtain, treat, and furnish water for residential, commercial or industrial purposes and for any other local service permitted by such general or local law; authorize such authority to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such public water authority; grant or vest the privilege of eminent domain to such public water authority for the purpose of taking property for public use in accordance with Article XII, Section 235, of the Constitution of Alabama of 1901; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such public water authority, provided that Jackson county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Jackson county; and extend the service area into one or more other counties. Any law enacted at the 1989 regular session of the legislature to authorize the creation of such authority in Jackson county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment. (Amendment 519) Article 3. Natural Gas §36-11.40. The Cumberland Mountain Water and Fire Protection Authority. (Amendment 944) The Cumberland Mountain Water and Fire Protection Authority, in addition to other services provided in Jackson County, may provide natural gas services and operate a natural gas system in Jackson County within the service area of the authority. The authority and the board of directors of the authority shall have all powers and authority necessary to accomplish the purposes of this amendment, including the authority to amend the articles of incorporation of the authority to the extent necessary to accomplish the purposes of the amendment. (Amendment 944) ”

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.