Title 38. Lamar 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 §38-2.00. West Alabama Children's Advocacy Center. (Amendment 745) Section I. In the 24th Judicial Circuit, consisting of Fayette County, Lamar County, and Pickens County, in addition to any court costs and fees now or hereafter authorized in cases in the circuit and district courts, an additional fee of five dollars ($5) shall be charged and collected by the clerk of the court on each case filed in the circuit. Section II. The clerk of the respective court shall collect the fee in the same manner as other costs in the court and shall remit the fee to the West Alabama Children's Advocacy Center on a monthly basis to be used by the center for abuse victims in the circuit. Section III. If the boundaries of the 24th Judicial Circuit change, the filing fee imposed by this amendment shall remain in effect for the Counties of Fayette, Lamar, and Pickens, unless altered by a subsequent amendment to this constitution. (Amendment 745) §38-2.01. Drug Enforcement Fee. (Amendment 833) Section 1. In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Lamar County, a docket fee, hereinafter referred to as a drug enforcement fee, shall be assessed in each case. The drug enforcement fee shall be in an amount equal to ten dollars ($10) in each non-drug case; sixty dollars ($60) in each misdemeanor drug case; and eighty-five dollars ($85) in each felony drug case. The drug enforcement fee, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fees assessed in each case shall be retained by the clerk of the court as an administrative fee and the remainder to the Drug Enforcement Fund established by the district attorney in the county or to the fund that may hereafter be prescribed by law for the drug enforcement fee. Section 2. The drug enforcement fee shall be collected as prescribed hereinabove in all cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest, or in any other case where court costs are assessed, whether a defendant is adjudged guilty or not. The drug enforcement fee shall be in addition to and not in lieu of any other fees or costs, and shall not be waived or remitted unless all other costs and charges of court are waived. Section 3. The district attorney for the Twenty-fourth Judicial Circuit shall establish a separate fund to be called the Lamar County Drug Enforcement Fund. All sums deposited into the fund pursuant to this amendment may be expended by the district attorney for the support of the drug task force that serves the Twenty-Fourth Judicial Circuit, including, but not limited to, the payment of any and all expenses incurred by the drug task force, and the payment of any matching monies required under the terms of any grant that may be awarded by any governmental or other entity for the support of the drug task force, the payment or supplementing of salaries for personnel of the drug task force, or for any other law enforcement purpose. Section 4. The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Lamar County and provide for their distribution. Any local law authorizing the levy of additional court costs in Lamar County enacted prior to the effective date of this amendment is ratified and confirmed. (Amendment 833) Article 2. Judges §38-2.20. Judge of Probate Compensation. (Amendment 966) In Lamar County, the Legislature, by general or local law, may place the judge of probate on a salary and provide for the fees, commissions, allowances, and percentages collected by the judge of probate to be paid into the county treasury from which his or her salary is paid. This amendment is retroactive to the term of office of the judge of probate which commenced in January 1989. Any local law applicable to Lamar County placing the judge of probate on a salary is ratified and confirmed and any salary paid to the judge of probate commencing with the term in January 1989, including any salary accepted by the judge of probate by agreement, is ratified and confirmed. (Amendment 966) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §38-4.00. Lamar County Municipalities. (Amendment 189) Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Lamar 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 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 any municipality in Lamar county or upon all property in any district the boundaries of which the governing body of such 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 any municipality in Lamar 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 any such municipality. 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 any municipality in Lamar county for the purpose of determining the borrowing capacity of 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. Any municipality in Lamar county may make engagements or commitments or undertake projects authorized under the provisions of this Constitution and amendments thereto provided any such engagement, commitment, or undertaking is first approved by a majority of the qualified electors of such municipality voting in a referendum election held for such purpose. The governing body of any municipality 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 189) ”

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. Officials §38-8.00. Constable Office Abolished. (Amendment 419) The office of constable in Lamar county, Alabama, may be abolished by a vote of a majority of the qualified electors of the county voting in a special election called by the county governing body to determine this issue; provided, however, that if a majority of the qualified electors of Lamar county who participate in the election held on the adoption of this amendment vote in favor thereof, no further election need be held. (Amendment 419) Article 2. Retirement §38-8.20. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 689) An elected or appointed Lamar County official not currently serving as such an official who is elected or appointed after the effective date of this amendment may not assume a supernumerary office. Any person who, on the ratification 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 Lamar 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. Lamar 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 as a county official. 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, including the county coroner, but shall not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit. (Amendment 689) §38-8.21. Retirement of Supernumerary Offices. (Amendment 896) No elected or appointed Lamar 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 Lamar 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. Lamar 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 Lamar County official," do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. The effective date or ratification date of this amendment is the date this amendment is officially proclaimed ratified in the proclamation register. (Amendment 896) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §38-10.20. Additional Tax for Educational Purposes. (Amendment 176) Section 1. The court of county commissioners, board of revenue, or other like governing body of Lamar county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only. Section 2. If this amendment is approved and a majority of the qualified electors of Lamar county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been 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 called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes. (Amendment 176) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Water and Fire Prevention §38-11.00. Water Coordinating and Fire Prevention Authority. (Amendment 516) The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of a Lamar county water coordinating and fire prevention authority in all or in portions of Lamar 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 Lamar 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 Lamar county; extend the service area into one or more other counties; and provide for fire protection facilities or services. Any law enacted at the 1988 special session of the legislature to authorize the creation of such authority in Lamar 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 516) ”

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.