Title 61. Talladega 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 §61-2.00. Compensation of Certain Officials. (Amendment 85) The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Talladega county, and the fees, commissions, percentages, allowances, or salary of, and the method of compensating any officer of Talladega county. (Amendment 85) §61-2.01. County Jail. (Amendment 504) In addition to any court costs and fees now or hereafter authorized, and notwithstanding any other provision of the Constitution, including without limitation Sections 96, 104 and 105 of the Constitution of Alabama of 1901, as amended, there shall be a $10.00 fee assessed on all civil and criminal cases filed in the circuit court, district court or any municipal court in Talladega county. All funds generated from such fee shall be paid into the general fund of Talladega county and shall be used exclusively for the design and construction of a county jail, including the payment of principal and interest on any obligations issued by or on behalf of Talladega county (a) to finance such design and construction and the expenses of issuance thereof, or (b) to refund any such objections and pay the costs of refunding. When the jail is paid for or when all such obligations are paid in full, whichever last occurs, the additional fee levied by this amendment shall be removed from all cases except criminal cases, upon which the said additional fee shall continue to be levied, to be used for operation, upkeep and maintenance of the county jail. This amendment shall be self-executing and shall require no enabling legislation. (Amendment 504) Article 2. Judges §61-2.20. Judicial Commission. (Amendment 615) In Talladega County, all vacancies in the offices of judge of the circuit court, judge of the district court, and district attorney shall be filled in the manner and for the time as provided in this amendment. The Talladega County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to any vacancy in the offices of judge of the circuit court, judge of the district court, and district attorney. The five members of the commission shall consist of the following: The presiding judge of the Circuit Court of Talladega County, as a nonvoting ex officio member who may only vote in the event of a tie vote among the other four members of the commission, and who shall preside over all meetings of the commission; the commissioner of the Alabama State Board of Bar Commissioners representing Talladega County, as an ex officio voting member; and three residents of Talladega County who are not members of the Alabama State Bar. Appointed members shall serve for terms of four years. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. The term of office for the initial appointed members of the commission shall begin immediately upon appointment. The nonlawyer members of the commission shall be appointed by mutual consent of the members of the state Legislature who represent Talladega County. The nonlawyer members of the commission shall not be eligible to serve two successive terms. The presiding judge of the Circuit Court of Talladega County shall certify in writing to the Judge of Probate of Talladega County his or her own name and the name of the Alabama State Bar Commissioner representing Talladega County, as ex officio members. The appropriate members of the state Legislature representing Talladega County shall certify in writing to the Judge of Probate of Talladega County the names of the three resident members appointed to the commission. The Judge of Probate of Talladega County shall record all certificates of election and shall safely and permanently keep the original and all subsequent certificates of election. Immediately upon receipt and recordation of a certificate of election, the judge of probate shall send a certified copy to the Governor. No member of the commission shall seek appointment as a judge of the circuit court, judge of the district court, or district attorney during the term of office for which the member has been selected. The members of the commission shall not receive any salary or other compensation for their service as members. No appointed member of the commission shall hold any public office. No member of the commission shall hold any official position in any political party. If, after the ratification of this amendment, a vacancy occurs in Talladega County in the offices of judge of the circuit court, judge of the district court, or district attorney, the presiding judge of the Circuit Court of Talladega County shall call a meeting of the commission to fill the vacancy. The commission shall nominate three persons having the qualifications for the vacant office. The nominations shall be made only by the concurrence of a majority of the members of the commission. The presiding judge of the circuit court shall certify the three nominees to the Governor, who shall appoint one to the office in which the vacancy exists. If the Governor fails to make an appointment from the submitted list within 30 days from the date of submission, the appointment shall be made from the list by the Chief Justice of the Supreme Court of Alabama. If the appointment is for a judicial vacancy, the appointee shall hold office for an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after completing one year in office. At the election, the judicial office shall be filled for a full term of office beginning at the end of the appointed term. If the appointment is for the office of district attorney, the appointee shall hold office for the term or the remainder of the unexpired term as provided by law. (Amendment 615) ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations Article 1. Finance §61-3.00. Budget. (Amendment 533) The Talladega County Commission shall prepare and adopt an estimate of the income of the county for the fiscal year beginning on October 1 of the current calendar year for all public funds under its supervision and control, and to estimate for the same fiscal year the expense of operations and to appropriate for the various purposes the respective amounts that are to be used for each of such purposes; provided that the appropriations so made shall not exceed the estimated total income of the county available for appropriations. The county commission shall restrict allotments to prevent an overdraft or deficit in any fiscal year for which appropriations are made by prorating without discrimination against any county program, the available revenues among the various county programs. Such appropriations shall be payable in such proportion as the total sum of all appropriations bears to the total revenues estimates as available in each of the fiscal years. A refusal to perform any requirement of this amendment or an improper or illegal performance of any requirement of this amendment shall subject the offender to a penalty of $250.00 to be recovered in an action instituted in the circuit court of Talladega county and shall subject such offender to impeachment. (Amendment 533) ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §61-4.00. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429) For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or 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 said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale. In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature. Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless: (a) The price be approved at a public meeting of the governing body of such county or municipality; and (b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and (c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429) [Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.] ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment Article 1. Solid Waste §61-6.00. Prohibition Against Use of Certain Biosolids (Amendment 974) (a) This amendment shall apply only in Talladega County. (b) For the purposes of this amendment, "septage" means any liquid or materials removed during the pumping of a domestic onsite sewage disposal system, including sewage, a mixture of sewage, sludge, fatty materials, and human feces. (c) In Talladega County, septage may not be applied on land as a fertilizer or soil amendment or otherwise. (Amendment 974) ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §61-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 654) (a) For the purposes of this amendment, the words "elected or appointed county official" shall mean any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed county official. (b) A mayor, sheriff, or elected or appointed Talladega County official may not 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 mayor, sheriff, or elected or appointed Talladega 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. Talladega 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 and must make the election within one year of the effective date of this amendment. (c) Notwithstanding the provisions of subsection (b), the county commission may negotiate terms of any contract with a sheriff, mayor, or elected or appointed official who under this amendment will be eligible to participate in the Employees' Retirement System. (Amendment 654) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Use of Force §61-9.00. Defense of Person on Church Premises. (Amendment 973) (a) This amendment shall apply only in Talladega County. (b) The following definitions are applicable to this amendment: (1) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof. (2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. (3) FORCE. Physical action or threat against another, including confinement. (4) PREMISES. The term includes any building, as defined in this section, and any real property. (c) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is using or about to use physical force against an employee, volunteer, member of a church, or any other person authorized to be on the premises of the church when the church is open or closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree. (d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground. (e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A-3-21, Code of Alabama 1975. (f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution. (2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges. (3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct. (g) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (c), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful. (Amendment 973) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §61-10.20. Schools – General Authority. (Amendment 98) In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, the governing body of Talladega county is hereby authorized to levy and collect a special school tax not to exceed three-tenths of one percent on the value of the taxable property within the county, the proceeds of which shall be used exclusively for public school purposes; and a special tax not to exceed two-tenths of one percent on the value of the taxable property within the county, the proceeds of which shall be used exclusively for the construction and maintenance of county roads and bridges. The governing body of Talladega county may fix the rates of the additional taxes authorized herein, at its discretion, without submitting the question of levying such additional taxes to a vote of the qualified electors of the county. (Amendment 98) §61-10.21. Additional Tax Authorized. (Amendment 181) In addition to all taxes of every kind now or hereafter authorized by the Constitution and laws of Alabama, the court of county commissioners, the board of revenue or other like governing body of Talladega county may levy and collect a special school tax not to exceed three-tenths of one percent of the value of the taxable property within the county, or the value of the taxable property within any school district in the county, the proceeds of which shall be used exclusively for public school purposes, provided the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county; and if voted for by a majority of the qualified electors of the county, such tax shall be levied on all taxable property within the county, and if not voted for by a majority of the qualified electors of the county but voted for by a majority of the qualified electors of one or more school districts within the county then such tax shall be levied on all taxable property within each school district in which a majority of the qualified electors of such district vote for such tax, and the proceeds of such tax shall be used exclusively for public school purposes within the school districts of the county which vote for the tax. The question of the levy of such tax may be presented to the qualified electors of the county as a whole or to the qualified electors of any school district within the county and if rejected by the qualified electors of the county or by the qualified electors of any school district, may be re-submitted to the qualified electors of the county or of such school district after the expiration of one year from the last election. The court of county commissioners or other like governing body of Talladega county shall call all elections herein provided for upon being presented with a resolution of the Talladega county board of education requesting that an election be called. (Amendment 181) §61-10.22. District No. 1. (Amendment 252) 1. The governing body of Talladega county shall have power to levy and collect annually a special school district tax not exceeding thirty cents on each one hundred dollars worth of taxable property in school district number one, Talladega county, as assessed for state taxation, for public school purposes, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the district and voted for by a majority of those voting at such election. Such tax shall be in addition to all other taxes provided for by law. The funds arising from such special district tax levied and collected by the county shall be expended for the exclusive benefit of the district. Elections under this amendment shall be called, held, and conducted in the same way that elections are called, held, and conducted in relation to the levying of special school district taxes under Sections 269.01 through 269.03. 2. If a majority of the qualified electors of school district number one, Talladega county, who participate in the election on the adoption of this article of amendment vote in favor of such adoption, then the approval of the amendment as expressed by such vote shall of itself authorize the levying of the special tax provided for herein at the maximum rate specified for a period not exceeding twenty years. (Amendment 252) §61-10.23. Levy of Additional Tax. (Amendment 310) In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Talladega county shall have the power to levy and collect a special district tax of fifty cents on each one hundred dollars' worth of taxable property in such districts for public school purposes; provided, that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election, the election to be held in the same manner as provided by Code of Alabama 1940, Title 52, chapter 10, article 7 for an election on the school district tax authorized in Sections 269.01 through 269.03. The funds arising from such special tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct. (Amendment 310) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Public Works §61-11.00. Public Roads, Highways, Bridges, and Ferries. (Amendment 534) The legislature shall, by general or local law, provide for the construction, maintenance and repair of public roads, highways, bridges and ferries in Talladega county on the basis of the county as a unit, without regard to any district or beat lines. (Amendment 534) Article 2. Fire Protection §61-11.20. Creation of Districts; Collection of Fees. (Amendment 614) The Legislature may, by local law, from time to time, provide for the establishment of districts in Talladega County for fire protection and provide for mandatory annual dues in the districts. The Legislature shall provide for the operation of the districts and for the collection and disposition of the mandatory annual dues. The Legislature may limit the liability of the county for the operation of a district and provide that a district shall be exempt from all taxation. The districts may include incorporated and unincorporated areas of the county which need and are willing to subscribe to the fire protection services. (Amendment 614) ”

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.