Title 57. Russell 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 §57-2.00. County Jail. (Amendments 507 and 736) In addition to any court costs and fees now or hereafter authorized to be collected in Russell County, the County Commission of Russell County may assess a fee not to exceed thirty dollars ($30.00) upon the privilege of filing an initial complaint in all civil and criminal cases filed in any court in the county, as well as a fee not to exceed five dollars ($5.00) for the service of all pleadings and other documents in connection with any action or case. All fees shall be paid into the county general fund and shall be applied exclusively for payment of the cost of the planning, construction, equipping, maintaining, and operating of the county jail, or for the payment of the principal of and interest on any bonds, warrants, or other obligations issued by or on behalf of the county to finance the costs of the jail, as well as the expenses of issuance of any bonds, warrants, or other obligations. (Amendments 507 and 736) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §57-4.00. Russell County and Municipalities Therein. (Amendment 737) For the promotion of local economic and industrial development, Russell County and any municipality therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following: (1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as 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 such sites or projects. (2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind. (3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Russell County or any municipality therein. In carrying out the purposes of this amendment, neither Russell County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Russell County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state. Neither Russell County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Russell County or any municipality therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity. (Amendment 737) ”

Chapter 5

“ Chapter 5. Education Article 1. Board of Education §57-5.00. Election of Members; Duties. (Amendment 749) Section I. The Russell County Board of Education shall be composed of seven members. Six of the members shall be elected by a majority of the respective qualified electors of six separate single-member districts, designated Place #1 to Place #6, inclusive, which shall be the same as the districts established by the Legislative Reapportionment Office in the document titled RUSSELL BOE 7 DISTRICTS PLAN 3, dated February 25, 2002. Only the qualified electors residing in a particular district may vote for the member representing that district. The seventh member shall be elected by a majority of the qualified electors of the county at-large, designated Place #7. Elections shall be conducted and the members shall take office in the same manner as currently provided by law. Section II. (a)(1) A candidate for election as a district member of the board shall be a resident of the single-member district which he or she seeks to represent on the board for at least one year immediately preceding the deadline date for qualifying as a candidate, and shall reside in that district during the entire term of office. (2) A candidate for election as an at-large member of the board shall be a resident of the county for at least one year immediately preceding the deadline date for qualifying as a candidate, and shall reside in the county during the entire term of office. (3) A member appointed to fill a vacancy on the board pursuant to general law shall be a resident of the county, and a resident of the district of the vacating member, where applicable. (b)(1) The member elected in Place #3 and the member elected in Place #6 shall be elected at the general election in November 2006, and every six years thereafter. (2) The member elected in Place #1 and the member elected in Place #7 shall be elected at the general election in November 2008, and every six years thereafter. (3) The member elected in Place #2, the member elected in Place #4, and the member elected in Place #5 shall be elected at the general election in November 2010, and every six years thereafter. (4) Members serving on the board upon the ratification of this amendment, including those members elected at the general election in November 2004 pursuant to Act 82-322, 1982 Regular Session (Acts 1982, p. 434), shall continue to serve on the board until the term for which they were originally elected expires. Such persons shall assume office at the same time as currently provided by law. (c) If the boundaries of a district change, or if redistricting places an incumbent district board member outside of his or her district, the member shall nevertheless continue to serve the remainder of the term to which he or she was elected. (d) The board, by majority vote, may change the boundaries of the single member districts and shall reapportion the districts as required by law utilizing the principle of equal representation. Pursuant to this subsection, the board may provide for single member election districts or at-large membership districts, or both. Section III. The Legislature, by local law, from time to time may provide for the election of the members of the Russell County Board of Education and may provide further for the operation of the board. Such local act or acts may include, but are not limited to, providing for termination of the terms of members of the existing county board of education; the composition of the county board of education; initial and succeeding terms of office, including staggered terms; qualifications; powers, duties, and responsibilities; vacancies; and compensation. Section IV. The Russell County Board of Education shall take necessary steps to ensure this amendment complies with the Federal Voting Rights Act of 1965, as amended, before any election is conducted pursuant to this amendment. (Amendment 749) ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming Article 1. Bingo §57-7.00. Operation of Bingo by Nonprofits. (Amendment 612) (a) The operation of bingo games for prizes or money by certain nonprofit organizations and certain private clubs for charitable, educational, or other lawful purposes shall be legal in Russell County, subject to any resolution or ordinance by the county commission as provided by law regulating the operation of bingo. The county commission may promulgate rules and regulations for issuing permits or licenses and for operating bingo games within the jurisdiction of the county. The county commission shall insure compliance pursuant to any ordinance and the following: (1) 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. No person under the age of 19 shall be permitted to conduct or assist in the conduct of any game of bingo. (2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization or qualified private club, unless the organization or club shall have been in existence for at least five years and owned real property in the county for five years immediately prior to issuing the permit or license, except the following: a. A fraternal, or benevolent, or charitable organization which qualifies as an exempt organization under Section 501(c) of the Internal Revenue Code. b. A private club with annual membership dues of three hundred dollars ($300) or more. (3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization or club operating the bingo game. If the premises are leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games. (4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization or club. No nonprofit organization or club may pay consulting fees, any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game. (5) A nonprofit organization or club shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization or club is not directly and solely operating the bingo game or concessions. (6) Prizes given by any qualified nonprofit organization or qualified private club for playing 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. (7) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes. (8) No person, or organization or club, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law. (b) The Legislature may, by local legislation, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation. (Amendment 612) ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Compensation §57-8.00. Certain Public Officials. (Amendment 380) The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of the probate courts in Russell county, and the fees, commissions, percentages, allowances and compensation of any officer of Russell county, and shall be authorized to place any such officer on a salary and to provide for the fees, commissions, percentages or allowances collectible by such officer to be paid into the treasury from which his salary is paid. The legislature is further authorized and empowered to delegate to the Russell county governing body its authority to regulate the salaries of county officers other than members of the county governing body. (Amendment 380) Article 2. Retirement §57-8.20. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 702) No person elected or appointed sheriff, or any elected or appointed Russell 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 sheriff and elected or appointed Russell 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. Russell 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; provided, however, the official shall forego the assumption of a supernumerary 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 official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 702) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §57-10.20. Special Property Tax for Educational Purposes. (Amendment 124) In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, Russell county shall have the power to levy and collect a special county-wide school tax of eight mills on each dollar's worth of taxable property in Russell county, the proceeds of which shall be used exclusively for public school purposes; 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 the vote of the qualified electors of the county and voted for by a majority of those voting at such election. The special tax provided for herein may be renewed from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The elections 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 county tax collector shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in such manner as to turn over to the custodian of the county school funds of Russell county the revenue derived from the tax levied on all taxable property situated outside the corporate limits of Phenix City, such revenues to be used by the county board of education for educational purposes in connection with schools located or to be located outside the corporate limits of Phenix City, and to turn over to the custodian of school funds of the city school system of Phenix City the revenue derived from the tax levied on all taxable property situated within the corporate limits of Phenix City, such revenues to be used by the city board of education for educational purposes in connection with schools located or to be located within the corporate limits of Phenix City. In the event that any special property tax authorized herein shall be authorized by a majority of the qualified electors voting on the question at the election, the county board of education of Russell county and the city board of education of Phenix City may, at such times as to them seem necessary and proper, sell and issue their tax anticipation bonds for the purposes for which the tax was authorized, which bonds shall be in such amounts as the respective board of education shall designate and, except as otherwise provided herein, shall be subject to the provisions of the general laws now pertaining to the issuance by county and city boards of education of capital outlay warrants, and no further election shall be required for the issuance of such bonds. The revenue derived from the sale of these bonds shall be expended by the county board of education and the Phenix City board of education for public school purposes only. Any bonds issued under the authority of this amendment shall be payable solely out of the proceeds of the special property tax hereby authorized, all or any part of which may be pledged therefor. The bonds issued under the authority of this amendment shall constitute negotiable instruments, although payable from a limited source, and shall be eligible for the investment of trust funds. The bonds shall not constitute general obligations of the county and shall be in addition to all other bonds or warrants which the county or city boards of education have heretofore issued or are authorized to issue under the Constitution and laws of Alabama. (Amendment 124) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §57-11.00. Creation of Districts; Collection of Fees. (Amendment 381) The county commission of Russell county is hereby authorized to establish fire fighting districts within such county and enter into agreements with volunteer fire departments within such county for fire protection and services. Said districts shall exclude any corporate municipality which does not request through its governing body by resolution to be made a part of and subject to the provisions of this amendment. The county commission of Russell county shall, at its next meeting after passage and approval of this amendment, appoint a committee consisting of the chief of each volunteer fire department within the county. The purpose of this committee will be to keep the commission informed and advised as to the status and needs of the departments and to assist the commission in the setting of priorities regarding fire protection and services. The county commission may, in its discretion, authorize the expenditure of public funds in support of any fire district. The Russell county commission may, upon recommendation of this committee, appoint a county fire marshal whose principal duty shall be the coordination of all fire protection within the county. This fire marshal shall perform such other tasks related to fire protection as may from time to time be assigned to him by the county commission. This amendment is not intended nor shall it be construed to limit the authority or scope of the volunteer fire departments within Russell county or their operation within said county. (Amendment 381) ”

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.