Title 67. Winston County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions Article 1. Application of Special or Local Laws §67-1.00. Prohibition Against Legislative Action. (Amendment 255) The legislature shall not pass a special or local law affecting Winston county or any city, town, village, district, or other such political subdivision of the county, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county, city, town, village, district, or other political subdivision of the county, at an election held for such purpose, in the manner prescribed by such law. (Amendment 255) ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §67-2.00. General Authority. (Amendment 424) The legislature may, from time to time, by general, special or local law, fix, regulate and alter the costs and charges of any court in Winston county and the method or basis of distribution of any revenues therefrom. (Amendment 424) Article 2. Judges §67-2.20. Judge of Probate Compensation and Duties. (Amendment 877) Effective with the term of office beginning in January 2013, the Judge of Probate of Winston County shall be compensated on a salary basis paid in equal monthly installments from the general fund of the county. The initial annual salary of the judge of probate shall be equal to 80 percent of the annual compensation paid by the state to the district court judge of the county on the date of the ratification of this amendment. Thereafter, any increases in compensation shall be applied pursuant to Chapter 2A of Title 11, Code of Alabama 1975. The Winston County Commission shall provide for operating expenses of the office of judge of probate pursuant to general law. All fees, commissions, allowances, percentages, and other charges allocable to the Judge of Probate of Winston County shall be collected, but shall be paid into the general fund of Winston County. The judge of probate shall perform all duties relating to the issuance of motor vehicle license plates in the county and shall perform all duties relating to the assessment and collection of ad valorem taxes on motor vehicles, which have heretofore been performed by the revenue commissioner. The revenue commissioner is relieved of all duties and responsibilities relating to the assessment and collection of taxes on motor vehicles. The judge of probate shall receive the commissions and fees currently allocated to the revenue commissioner for performing these functions, and these fees and commissions shall be remitted to the county general fund. Reporting and remitting of the collections of these fees shall be made by the judge of probate or as otherwise required by law. This constitutional amendment, after its ratification, shall become effective the beginning of the next term of office of the judge of probate. (Amendment 877) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development RESERVED ”

Chapter 5

“ Chapter 5. Education Article 1. School Lands §67-5.00. Sixteenth Section School Lands. (Amendment 908) (a) All sixteenth section school and school land located in Winston County is vested in the Winston County Board of Education. The board may manage, sell, lease, and control the land and any timber, minerals, or other natural resources of the land. (b) Any proceeds from the sale of sixteenth section or school land shall be deposited into a trust account in Winston County. (c) Any interest earned on the funds deposited pursuant to subsection (b) shall be annually distributed to the Winston County school system. (d) Any proceeds generated from the sale of timber, minerals, or other natural resources of the land, or from the lease of sixteenth section or school land shall be paid directly to the Winston County Board of Education and deposited into the Winston County Board of Education General Fund. (e) It is the intent of the Legislature that this amendment supersede any other provision of this constitution which may be construed as being in conflict with this amendment as it relates to sixteenth section or school lands in Winston County and the rights, power, and control of the property relating to the sale, lease, or other disposition of the land or the sale of timber, minerals, or other natural resources generated by the land, or any proceeds or interest earned therefrom. (f) Upon ratification of this amendment, all proceeds realized from the sale, lease, or other disposition of sixteenth section or school land or the sale of timber, minerals, or other natural resources generated by Winston County sixteenth section or school lands occurring before ratification of this amendment, and held in trust by the State of Alabama, shall continue to be held in trust and any revenue and interest derived from those transactions shall be paid to the custodian of funds of the Winston County Board of Education. (Amendment 908) ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §67-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 658) No elected or appointed official of Winston County 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. Any elected or appointed Winston 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. Any elected or appointed official of Winston County 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 official" shall include any person appointed to serve the remaining term of an elected or appointed official, including the sheriff, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 658) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §67-10.00. Consolidation of Offices; Revenue Commissioner. (Amendment 423) The legislature may from time to time, by general or local law, provide for the establishment of a consolidated and unified system for the assessment and collection of taxes in Winston county and for the consolidation of the offices of tax assessor and tax collector of such county into one office to be known as the county revenue commissioner and for the abolition of the offices of tax assessor and tax collector of such county. Unless otherwise provided by law, the revenue commissioner of Winston county shall be charged with the performance of any duty provided by law for the tax assessor and tax collector of Winston county, and his compensation shall be fixed by law. Immediately upon the beginning of the first term of office of revenue commissioner of Winston county, the offices of tax assessor and tax collector shall be abolished. (Amendment 423) Article 2. Schools §67-10.20. Special Tax for Public School Purposes. (Amendment 153) The court of county commissioners, board of revenue, or other like governing body of Winston county shall have power to levy and collect a special county tax not exceeding fifty cents on each one hundred dollars worth of taxable property in such county in addition to taxes now authorized or that may hereafter be authorized for public school purposes, and in addition to that now authorized under section 260 of article XIV and Sections 269.01 through 269.03; provided, that 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 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 special county school tax authorized in Sections 269.01 through 269.03. (Amendment 153) Article 3. Health §67-10.40. Special Tax for Hospitals and Public Health Purposes. (Amendment 254) In addition to all other taxes now or hereafter authorized by law, the court of county commissioners, board of revenue, or like governing body of Winston county shall have the power to levy and collect, for a period not exceeding twenty years, a special ad valorem tax on property situated within said county, at a rate of five mills on each dollar of property as assessed for state taxation for the preceding year, the proceeds of said tax to be used solely for acquiring, by purchase, lease, or otherwise, constructing, operating, equipping, or maintaining county hospitals or other public hospitals, nonprofit hospitals, and public health facilities. Provided, the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first approved by a majority of the qualified electors of Winston county voting at a referendum to be held for that purpose. The referendum shall be held on the same day as the first countywide primary, general, or special election held in the county after the ratification of this amendment. The board of revenue, court of county commissioners or like governing body of the county shall order and provide for holding the referendum on such date. (Amendment 254) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Police Jurisdiction §67-11.00. Water Coordinating and Fire Prevention Authority. (Amendment 515) The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, authority and financing of a Winston county water coordinating and fire prevention authority in all or in portions of Winston 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 Winston 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 Winston 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 Winston 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 515) ”

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.