Title 59. St. Clair County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §59-2.00. Juvenile Programs. (Amendment 613) The Legislature may, from time to time, by general, special, or local law, regulate and alter the costs and charges of court in St. Clair County and provide for the distribution of any additional revenue for the purpose of establishing, operating, and maintaining the juvenile court system and juvenile programs in the county. (Amendment 613) §59-2.01. General Authority. (Amendment 894) The Legislature, by general or local law, may fix, alter, and regulate the costs and charges of courts in St. Clair County and provide for their distribution. (Amendment 894) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §59-4.00. St. Clair County and Municipalities Therein. (Amendment 197) St. Clair county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to: 1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind. 2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation. 3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein. 4. Become a stockholder in any corporation, association or company. 5. 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. 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. 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 in any municipality in St. Clair county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax. 8. 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. 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 St. Clair 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 county or any 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 St. Clair county or any municipality therein for the purpose of determining their borrowing capacity 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 may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. Neither the county nor any municipality therein 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 locality affected thereby. The governing body of the county or 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 in a newspaper of general circulation in the county. (Amendment 197) ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment Article 1. Solid Waste §59-6.00. Solid Waste Disposal Fee. (Amendment 523) The St. Clair county governing body shall levy and impose a fee of not less than sixty dollars per ton on out-of-state solid waste, as defined by general law, disposed of at any commercial disposal site in the county. Said governing body is hereby authorized to implement such rules and regulations as it deems necessary to impose and collect such disposal fees and the proceeds of such fees shall be deposited in the county treasury to be expended for the general operations of the county. (Amendment 523) ”

Chapter 7

“ Chapter 7. Gaming Article 1. Bingo §59-7.00. Operation of Bingo by Nonprofits. (Amendment 542) The operation of bingo games for prizes or money by certain nonprofit organizations for charitable, educational, or other lawful purposes shall be legal in St. Clair County, subject to the provisions of any resolution or ordinance by the county governing body or the governing bodies of the respective cities and towns within their respective jurisdictions as provided by law regulating such operation. The said governing bodies shall have the authority to promulgate rules and regulations for the issuance of permits or licenses and for operation of bingo games within their respective jurisdictions; provided, however, that said governing bodies must insure compliance pursuant to said law and the following provisions: (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; nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo; (2) No bingo permit or license shall be issued to any nonprofit organization unless such organization shall have been in existence for at least 24 months immediately prior to the issuance of the permit or license; (3) 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; (4) 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 to any individual or entity for any services performed in relation to the operation or conduct of a bingo game; (5) 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; (6) 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; (7) By whatever name or composition thereof, no person or organization shall take any expenses for the operation of a bingo game except as permitted by law. (8) A fee of $.10 (ten cents) shall be levied upon each bingo card sold pursuant to the provisions of this amendment or pursuant to any local law. Said fee shall be collected by the nonprofit organization who sold the bingo card and paid to the tax collector or revenue commissioner of St. Clair County on a weekly basis. The tax collector or revenue commissioner shall place the proceeds collected into the treasury of St. Clair County in a special fund. All funds collected shall be expended by the county commission in the following manner: 40% (forty percent) of said funds shall be allocated to volunteer fire departments located in St. Clair County; 30% (thirty percent) of said funds shall be allocated to senior citizens' programs and facilities; 20% (twenty percent) of said funds shall be allocated to youth recreation programs and facilities; 10% (ten percent) of said funds shall be allocated to the St. Clair County sheriff's department. The tax collector or revenue commissioner of St. Clair County shall have authority to promulgate necessary rules and regulations to implement the procedure for the collection of the fee prescribed herein. The legislature, from time to time, may by local law alter the fee levied herein and alter the method of allocating the proceeds of said fee. (Amendment 542) ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §59-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 826) No elected or appointed St. Clair 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 St. Clair 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. St. Clair 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 St. Clair County official" do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 826) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §59-10.20. Special School Tax. (Amendment 77) In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, there is hereby levied and shall be collected a special school tax of fifty cents on each one hundred dollars worth of taxable property in St. Clair county, the proceeds of which shall be used exclusively for public school purposes; provided, the time the tax is to continue and the purpose thereof 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 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 of the Code of Alabama (1940). The collection of the tax and the use of the proceeds shall also be governed by the applicable provisions of article 7, chapter 10, Title 52 of the Code of Alabama (1940). (Amendment 77) §59-10.21. Multiple School District Taxes. (Amendment 972) (a) For public school purposes, in addition to any taxes now authorized, or that may hereafter be authorized, by the Constitution and laws of this state, the governing body of St. Clair County may levy and collect, in the several school districts in St. Clair County, as those districts are defined in subdivision (3), subject to an election in each school district as provided in this amendment, a special school district tax at a cumulative total rate not exceeding two dollars ($2) on each one hundred dollars ($100) of taxable property in the school district as assessed for state taxation. (b) Multiple school district taxes may be levied in any school district under the authority of this amendment, provided the aggregate rate of the taxes is less than or equal to the rate provided in this amendment. The levy and collection of any school district tax prior to, upon, or after the expiration of the tax, may be continued and renewed for the rate, duration, and purpose as shall then be determined, in the manner and subject to the requirements in this amendment for the levy of a school district tax. The duration of time of the levy of a tax may not exceed 30 years from October 1 next succeeding the date of the election held with respect to the tax. (c)(1) A school district tax shall be levied under this amendment only if the rate of the tax, the time the tax is to continue, and the purpose or purposes of the tax shall have first been submitted to the vote of the qualified electors in the school district in which such tax is proposed at an election held as provided in this amendment and a majority of the qualified electors voting at the election shall have voted in favor of the levy and collection of the tax. A vote on the school district tax as provided in this subsection shall be called upon the adoption of a resolution by the St. Clair County Board of Education or the Pell City Board of Education or upon the petition of 50 qualified electors within a particular school district. (2) Multiple elections may be held under this amendment in any school district, at any time and from time to time, to present a proposal to levy a school district tax, to present a proposal to levy a school district tax that failed in a previous election, to present a proposal to levy an additional tax under this amendment, or to present a proposal to continue and renew the levy of a school district tax levied under this amendment. (3) For the purposes of this amendment, "school district" means all of the following: a. The Pell City School District. b. Any school district in St. Clair County now existing or formed following the ratification of this amendment as may be approved, created, or designated by the St. Clair County Board of Education, including, without limitation, a school district approved or designated by the board solely for purposes of the school district tax authorized under this amendment. c.1. Any school district which is approved, created, or designated by the St. Clair County Board of Education, which shall be defined as a "School Attendance and Tax District." 2. There shall be a School Attendance and Tax District known as the "Pell City School Attendance and Tax District" as it now exists by agreement between the Pell City Board of Education and the St. Clair County Board of Education, or as modified by subsequent agreement of the two boards. 3. The St. Clair County Board of Eduction, without the necessity of any election, may change the boundaries of any School Attendance and Tax District, or consolidate any two or more School Attendance and Tax Districts, if the taxes authorized to be levied for public school purposes in all of the territory in the district after the change of boundaries or consolidation is effected shall be at the same aggregate rate and for the same duration of time; provided, however, that nothing contained in this paragraph shall be construed to impair or permit the impairment of the obligation of any contract created with respect to any obligations or securities incurred or issued with respect to any School Attendance and Tax District. Nothing in this paragraph shall operate or be construed to abridge or affect any existing authority or power conferred on the St. Clair County Board of Education, by any existing law, but shall be in addition thereto. (4) The term "school district" does not include the City School Systems of Leeds and Trussville. (d)(1) The proceeds of each school district tax levied under this amendment shall be collected in the same manner and under the same requirements and laws as the taxes of this state are collected. The proceeds of each school district tax levied shall be delivered by the tax official to the local board of education having control and supervision of the public schools in the school district. (2) The proceeds of any school district tax levied under this amendment shall be used for the exclusive benefit of the School Attendance and Tax District in which the school district tax is levied. (3) The proceeds of any school district tax levied under this amendment shall not supplant or reduce any other funds distributed for the benefit of the St. Clair County Board of Education, the Pell City Board of Education, or a School Attendance and Tax District. (e) This amendment shall be self-executing and no enabling legislation shall be necessary. (Amendment 972) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Annexation §59-11.00. General Provisions. (Amendment 460) Any municipality that was not located wholly or in part within the boundaries of St. Clair county prior to January 1, 1985, shall not annex any territory within St. Clair county without the approval of the electorate of St. Clair county 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 St. Clair county. The provisions of this amendment shall not apply to any territory presently annexed within St. Clair 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 460) Article 2. Fire Protection §59-11.20. Fire Protection Purposes. (Amendment 652) (a) In addition to all other ad valorem taxes levied, the St. Clair County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1997, an ad valorem tax on all taxable property located in St. Clair County at a rate of two mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into an expendable fire protection trust fund in the county treasury and allocated therefrom for fire protection and emergency medical services. (b) Within 30 days of payment into the fire protection trust fund of the proceeds from the additional tax levied pursuant to (a), each eligible fire department in the county shall make a requisition to the county commission for a share of the tax proceeds in the fund. The county commission shall divide the funds equally among the eligible fire departments of St. Clair County. (c) Funds allocated to eligible fire departments shall only be expended for fire protection and emergency medical services including day to day operations, training, supplies, buildings, capital improvements, and equipment. All expenditures shall be documented with the county commission. An eligible fire department means a fire department located in St. Clair County which is certified under the guidelines of the Alabama Forestry Commission. Any tax proceeds allocated for fire protection and emergency medical services under this amendment may not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each fire department shall file a form with the county commission 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 St. Clair County Fire and Emergency Medical Service Association shall supply the accounting forms to each eligible volunteer fire department. (d) The fire protection trust fund provided for in subsection (a) shall be audited by the State Department of Examiners of Public Accounts when the county is audited. (e) Upon dissolution or abandonment of any eligible fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred back to the fire protection trust fund to be allocated to the remaining eligible fire departments. (f) Personnel of eligible fire departments 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 and emergency medical services departments. (Amendment 652) ”

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.