Alabama State Constitution of 1901/Amendments 801-900

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Contents

Amendment 801 ratified[edit]

Board of Education

Section I. The Macon County Board of Education shall be composed of five members. Four of the members shall be elected by the respective qualified electors of four separate single-member districts, which shall be the same as the districts established for the election of the members of the Macon County Commission. One of the members shall be elected at large by the qualified electors of the county.

Section II. Members of the board shall be elected to serve six-year terms of office. Members holding office at the time of the ratification of this amendment shall continue in office and exercise the duties thereof until their respective terms expire. Upon the expiration of those terms, members shall be elected for six-year terms by election district and place number as follows:

(1) One of the two memberships expiring in 2012 shall be designated as Place 1. The member elected to serve in Place 1 shall be elected from the same election district as is provided for Place 1 on the Macon County Commission.

(2) One of the two memberships expiring in 2012 shall be designated as Place 5. The member elected to serve in Place 5 shall be elected from the county at large.

(3) The membership expiring in 2008 shall be designated as Place 2. The member elected to serve in Place 2 shall be elected from the same election district as is provided for Place 2 on the Macon County Commission.

(4) One of the two memberships expiring in 2010 shall be designated as Place 3. The member elected to serve in Place 3 shall be elected from the same election district as is provided for Place 3 on the Macon County Commission.

(5) One of the two memberships expiring in 2010 shall be designated as Place 4. The member elected to serve in Place 4 shall be elected from the same election district as is provided for Place 4 on the Macon County Commission.

Section III. The Macon County Commission 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 802 ratified[edit]

Tax - Senior Property Tax Appraisal.

Amendment 782.

(a) In Baldwin County, a qualified taxpayer may claim a senior property tax appraisal on his or her ad valorem taxes. A qualified taxpayer shall meet all of the following requirements to be eligible for the senior property tax appraisal:

(1) Be age 65 or older for the tax year for which he or she claims the senior property tax appraisal.

(2) Have been assessed ad valorem taxes on any property within the county used as a principal place of residence for at least 10 years prior to the year for which he or she is claiming the senior property tax appraisal.

(b) The senior property tax appraisal provided for herein shall freeze the assessed value of the property for the year prior to claiming the senior property tax appraisal. The recipient of the senior property tax appraisal shall be subject to any applicable homestead exemption and millage rate changes. Any addition to the property after claiming the senior property tax appraisal shall not be eligible for the senior property tax appraisal.

(c) The Alabama Department of Revenue shall promulgate the rules as are necessary for the implementation and administration of the provisions of this amendment.

Amendment 803 ratified[edit]

Repeal of Amendment 709.

Section I. Amendment 709 to the Constitution of Alabama of 1901, now appearing as Section 260.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is hereby repealed.

Section II. As used in this amendment, the following words and phrases shall have the following respective meanings:

"Alabama Trust Fund" means the irrevocable, permanent trust fund created by Amendment No. 450 to the Constitution of Alabama of 1901, now appearing as Section 219.02 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

"Education Trust Fund Rainy Day Account" or "General Fund Rainy Day Account" means the special accounts created by this amendment.

"Oil and Gas Capital Payment" means any payment (including any royalty payment) received by the state or any agency or instrumentality thereof as all or part of the consideration for the sale, leasing, or other disposition by the state or any agency or instrumentality thereof of any right to explore and drill for or to produce oil, gas, or other hydrocarbon minerals in any area on the water side of the high water mark of Mobile Bay or in any other offshore area and shall include any revenue by the state from federal oil and gas leases off the coast of Alabama. Any royalty or other payment, with the exception of any taxes heretofore or hereafter levied, that is based upon or determined with respect to the production of oil, gas or other hydrocarbon minerals and that is paid to the state or any agency or instrumentality thereof, regardless of the time of such payment, shall be considered an oil and gas capital payment.

Section III. (a) Within thirty days following ratification of this constitutional amendment there shall be created within the Alabama Trust Fund the Education Trust Fund Rainy Day Account and the General Fund Rainy Day Account. In any year in which the Governor certifies to the state comptroller and notifies the Legislature that proration would occur in appropriations from the Education Trust Fund or the State General Fund, the Education Trust Fund Rainy Day Account or the General Fund Rainy Day Account shall be credited with Oil and Gas Capital Payments previously transferred into the Alabama Trust Fund in the amount required to fund withdrawals from the Account of the amounts authorized by this section. However, the amount withdrawn from the Education Trust Fund Rainy Day Account in a fiscal year may not exceed six and one-half percent of the previous fiscal year's Education Trust Fund appropriations less the total amount of any prior years' withdrawals from the Account which have not been repaid to the Account, as provided for in subsections (b), (c), and (e). The amount withdrawn from the General Fund Rainy Day Account in a fiscal year may not exceed ten percent of the previous fiscal year's General Fund appropriations less the total amount of any prior years' withdrawals from the Account which have not been repaid to the Account, as provided for in subsections (b), (c), and (e). Funds from the Education Trust Fund or the General Fund Rainy Day Account may be withdrawn only to prevent proration of the appropriations from the Education Trust Fund or the General Fund. For the fiscal year beginning October 1, 2008, withdrawals shall be limited to an amount necessary to reach the highest estimated available revenue for each Fund as certified by the Finance Director and the Legislative Fiscal Officer prior to the end of the 2008 Regular Legislative Session. Beginning in the fiscal year beginning October 1, 2009, withdrawals from the Education Trust Fund Rainy Day Account and the General Fund Rainy Day Account shall be limited to an amount necessary to reach the average of the estimated available revenue for each Fund which is to be certified by the Finance Director and the Legislative Fiscal Officer prior to the third legislative day of each Regular Session. The Governor shall certify to the state comptroller and notify the Legislature that proration would occur in appropriations from the Education Trust Fund or the General Fund in accordance with this constitution. Upon the certification by the Governor, and after all other sources available to be used to offset proration have been utilized, withdrawals from the Education Trust Fund Rainy Day Account or the General Fund Rainy Day Account may be made; however, withdrawals shall be limited to the amount of the anticipated proration and funds allotted only to the extent necessary to avoid proration of appropriations from the Education Trust Fund or the General Fund as limited by this section. In the event funds are withdrawn from the Education Trust Fund or the General Fund Rainy Day Account an additional amount equal to twenty-five percent of the Education Trust Fund or the General Fund transfer amount shall be transferred from the Alabama Trust Fund to the County and Municipal Government Capital Improvement Fund.

(b) The Finance Director shall ensure that if during the fiscal year, receipts to the Education Trust Fund or the General Fund (net of the Education Trust Fund or the General Fund Rainy Day Account payments) are sufficient to reduce anticipated proration which has been certified by the Governor to the state comptroller and for which funds have been withdrawn, then the amount corresponding to the reduced anticipated proration percentage shall be transferred back to the Education Trust Fund or the General Fund Rainy Day Account within the Alabama Trust Fund within thirty days after the end of the fiscal year in which the withdrawals were made. Any amount transferred back to the Education Trust Fund or the General Fund Rainy Day Account shall necessitate a transfer of an additional amount equal to twenty-five percent of that amount from the County and Municipal Government Capital Improvement Fund into the Education Trust Fund or the General Fund Rainy Day Account within the Alabama Trust Fund.

(c) The Legislature may provide by statute for the replenishment of the Education Trust Fund or the General Fund Rainy Day Account within the Alabama Trust Fund from sources other than the Alabama Trust Fund or Oil and Gas Capital Payments. The earnings from the investment of funds due to the replenishment shall be deposited into the State General Fund.

(d) The allocations to the Alabama Capital Improvement Trust Fund and to the County and Municipal Government Capital Improvement Fund as provided in Amendment 666 to the Constitution of Alabama of 1901, now appearing as Section 219.04 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, shall not be diminished by the application of this amendment.

(e) The Legislature must replenish the accounts within six (6) years after withdrawal of any funds from the Education Trust Fund Rainy Day Account and within ten (10) years after withdrawal of any funds from the General Fund Rainy Day Account pursuant to the provisions of this amendment. After the complete replenishment of the Education Trust Fund or the General Fund Rainy Day Account, any excess funds shall be designated to repay any lost interest earnings to the trust established under Amendment 543 to the Constitution of Alabama of 1901, now appearing as Section 219.07 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, due to any withdrawal from the Education Trust Fund or the General Fund Rainy Day Account.

Amendment 804 ratified[edit]

Shelby County: Judicial Commission.

All vacancies in the office of the judge of the circuit court and the office of the judge of the district court of the 18th Judicial Circuit shall be filled in the manner and for the time as herein provided.

The Shelby County Judicial Commission is hereby created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be as follows: Two persons who are members of the Alabama State Bar; two persons who are not members of the Alabama State Bar; and the presiding judge of the 18th Judicial Circuit.

All members of the commission shall reside in the territorial jurisdiction of the 18th Judicial Circuit.

The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state. The Executive Committee of the Shelby County Bar Association, or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of the two members of the commission who are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Shelby County the names of the persons elected as members of the commission by the members of the bar and the name of the presiding judge of the circuit court who shall serve on the commission by virtue of his or her position as presiding judge.

The members of the Legislature representing Shelby County shall elect the two members of the commission who are required not to be members of the Alabama State Bar. The members of the Legislature representing Shelby County shall certify in writing to the judge of probate the names of the persons elected by them as members.

The terms of office of all members of the commission shall be six years, except that the terms of office of the two members of the State Bar first elected shall be for one and two years respectively, and of the two members first elected by the members of the Legislature representing Shelby County shall be for three and four years respectively; the length of the terms of office of the members of the commission being indicated by the respective electing bodies. The terms of the initial members of the commission shall begin on January 1, 2009. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as that member was originally chosen.

The Judge of Probate of Shelby County shall record all certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of each certificate, the judge of probate shall send to the Governor a certified copy of each certificate.

No member of the commission shall be eligible to succeed himself or herself as a member or for nomination to the Governor for appointment as judge of the circuit or district court during the term of office for which the member shall have been selected.

The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member who is the presiding judge of the 18th Judicial Circuit shall hold any public office and no member of the commission shall hold any official position in any political party.

If, subsequent to January 1, 2009, a vacancy occurs in the office of judge of the circuit or district court in the 18th Judicial Circuit, the commission shall nominate to the Governor three persons having the qualifications for the office. The nomination shall be made only by the concurrence of a majority of the members of the commission. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. The appointee shall hold office until the next general election for any state officer held at least six months after the vacancy occurs and until his or her successor is elected and qualified; the successor shall hold office for the unexpired term and until his or her successor is elected and qualified.

Any vacancy occurring in the office of judge of the 18th Judicial Circuit, which is required to be filled by appointment on nominations made by the commission, shall be made within 90 days from the date of the submission of the nominations. In the event the Governor fails to fill the vacancy from the nominations within that period, the appointment shall be made by the Chief Justice of the Supreme Court of Alabama.

Amendment 805 ratified[edit]

Limestone County: Tax - Schools.

In consideration of the fact that the City of Madison includes property located in both Madison County and Limestone County and that immediately prior to the adoption of this amendment, the number of mills of county-levied ad valorem tax for school or educational purposes in the portion of the city lying in Limestone County was 10.5 mills less than the number of mills of county-levied ad valorem tax for school or educational purposes levied in the portion of the city situated in Madison County, the City of Madison, in addition to the power to levy and collect ad valorem tax each year at the rate authorized immediately prior to the adoption of this amendment, shall have the further power to levy and collect each year, on property located in the part of the city that is situated in Limestone County, such additional ad valorem tax for public school purposes as is necessary to equalize the total rate of all ad valorem tax for public school purposes levied each year on property located in the part of the city that is in Limestone County with the total rate of all ad valorem tax for public school purposes levied on property located in the part of the city that is in Madison County. All additional ad valorem taxation levied under this amendment shall be based on the value of the property as fixed for state taxation. No additional tax shall be levied under this amendment unless a majority of the qualified electors of the City of Madison voting in the election on the adoption on this amendment shall vote for such adoption; provided that if the majority of the qualified electors of the City of Madison voting in said election should not vote in favor of such adoption, or if the majority of the qualified electors of the City of Madison at any election subsequently called under this amendment should not vote in favor of the levy of the additional tax, the governing body of the City of Madison may call other elections on the question of the levy of said tax without further act of the Legislature, but not more than one such election shall be held during any period of twelve consecutive months.

Each election held under the provisions hereof shall be ordered, held, canvassed and may be contested in the same manner as may be provided by law applicable to municipal corporations for elections to authorize the issuance of municipal bonds.

Amendment 806 ratified[edit]

Blount County: Municipalities - Taxation.

Any municipality that is not located wholly or in part within the boundaries of Blount County on the effective date of this amendment may not annex any territory within Blount County without the approval of a majority vote of the qualified electors of Blount County voting at a referendum election on the issue of the annexation. The provisions of this amendment shall not apply to any municipality incorporated after the ratification of the amendment that lies entirely within the boundaries of Blount County. This amendment does not apply to any territory annexed within Blount County by a municipality prior to the effective date of this amendment. The Legislature may pass local or general acts to supplement this amendment provided the acts do not contravene this amendment.

Amendment 807 ratified[edit]

Macon County: Amendment to Amendment 591.

Two persons shall be elected to the utilities board of the City of Tuskegee. Commencing with the next term of office, the elections shall be held and conducted by the utilities board. The elected members of the utilities board shall be elected to a term of four years, at the same time as regular municipal elections for Macon County, Alabama. A person eligible to vote in the election shall be a registered voter in Macon County who receives services from the utilities board. "Receives services" means that the person is a resident of a building that receives electricity, sewage, or water services, or any combination thereof, from the utilities board. When a vacancy occurs in either of the two elected positions, the board shall fill the vacancy for the unexpired term of office. The members of the utilities board of the City of Tuskegee shall set the compensation of the directors.

Amendment 808 ratified[edit]

Baldwin County: Tax - Equalization, Board Modified.

(a) The State Revenue Commissioner, shall appoint not more than six additional persons to membership on the Baldwin County Board of Equalization. The State Revenue Commissioner shall make the appointments from a group of nominees submitted by the Baldwin County Commission, the Baldwin County Board of Education, and the governing body of the largest municipality located in Baldwin County. Each appointing authority shall submit a list of three names and the appointments shall be made within 30 days after receipt of the appropriate list. The initial appointments shall consist of three persons unless additional appointments are requested by the existing county board of equalization. The additional members shall closely reflect the racial, ethnic, gender, geographic, and age diversity of the county.

(b) The provisions of the general law and local law relating to the selection, qualifications, term of service, schedule of compensation, and oath of the initial members of the board, including the prohibition relating to members holding other governmental positions, shall be applicable to the additional members appointed pursuant to this amendment.

(c) The additional members shall be appointed and serve for the limited purpose of hearing objections to any assessments or valuations fixed by the county revenue commissioner or other authorized taxing official.

(d)(1) During the term of office of the additional members, the board shall sit in two or more panels consisting of up to three members for the purpose of conducting hearings and making determinations concerning objections to any assessments or valuations fixed by the county revenue commissioner or other authorized taxing official.

(2) Each panel shall consist of at least one member who has served on the board for a period in which appeal hearings were held.

(e) When the board sits in panels of three members, each panel shall act in the same manner and under the same authority as the full board. All authority, duties, powers, and responsibilities of the board on any matter brought before the panel for hearing shall be exercised by the panel as though heard and decided by the full board. Decisions of each panel shall constitute a decision of the board. All procedures of the board relating to the conduct of hearings shall apply to hearings before either panel of the board.

(f) This amendment does not affect in any way the authority of the original board members to carry out all administrative, supervisory, and personnel duties existing on October 1, 2008.

Amendment 809 ratified[edit]

Baldwin County: Implementation of Ordinances Governing County Owned Property.

In Baldwin County, the county commission may by resolution adopt ordinances related to the use and control of county owned public buildings, public parks, boat launches, and historic sites. The ordinances shall be adopted in the same manner and under the same conditions as municipalities in this state may adopt ordinances pursuant to general law except the penalties may not exceed the penalties authorized for a Class C misdemeanor pursuant to general law.

Amendment 810 ratified[edit]

Baldwin County: Amendment to Amendment 781.

(a) This amendment shall apply only in Baldwin County.

(b) For the purpose of this amendment, the following terms have the following meanings:

(1) WASTEWATER SYSTEM. A system of pipes, lines, meters, pumps, equipment and facilities, all or part of which are located in the unincorporated areas of Baldwin County and which are owned or operated by a wastewater utility, as defined herein, for the collection, treatment, and disposal of wastewater from homes, schools, businesses, and other entities in which solids, sewerage, nonhydrocarbon greases, and oils are collected for treatment or where wastewater is collected for disposal. Individual septic tank systems and all portable toilets are expressly excluded from the definition of the term wastewater system.

(2) WASTEWATER UTILITY. The owner or operating entity of a wastewater system, whether privately owned or publicly owned, including privately owned wastewater systems, municipally owned wastewater systems, and wastewater systems owned by or through boards or other entities established by municipal corporations or as otherwise provided by state law.

(3) WASTEWATER. Solids, sewerage, nonhydrocarbon greases, and oils.

(c) The Legislature may by general or local law provide for the regulation of wastewater utilities, whether privately owned or publicly owned, in the unincorporated area of the county. The regulation may include uniform minimum standards for the design, placement, construction, operation, and maintenance of wastewater systems and the regulation of the establishment of reasonable and just rates for consumers and the wastewater utilities. In the case of uniform minimum standards established within any extraterritorial jurisdiction of a municipality, the standards established pursuant to the authority granted in this amendment shall apply. Any minimum standard adopted pursuant to this amendment shall not apply to any part of a wastewater system installed or permitted prior to the effective date of the standard unless it is determined necessary for the protection of the public health and welfare and the environment of Baldwin County. All laws, rules, regulations, construction standards, and specifications regulating wastewater systems and wastewater utilities shall be non-discriminatory and apply equally to all wastewater systems and wastewater utilities operating or located within the unincorporated areas of the county.

(d) The Legislature may authorize the levy of taxes or fees in an amount not to exceed five percent of the gross receipts from the connection, collection, and treatment revenues collected from customers of wastewater utilities in the unincorporated area of the county to be used for the purposes of the administration of regulation adopted pursuant to this amendment.

(e) The Legislature may provide for the mandatory connection to wastewater systems where service is reasonably available and where it is in the best interest for the protection of the public health and welfare and the environment of Baldwin County.

(f) The Legislature by general or local law may authorize the exercise of the power of eminent domain for the construction of wastewater utilities in the county.

(g) The Legislature may, by general or local law, provide for the implementation and administration of the provisions of this amendment.

Amendment 811 ratified[edit]

Coffee County: Amendment to Amendment 633.

An elected or appointed Coffee County official, including the sheriff, 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 elected or appointed Coffee 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. Coffee 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.

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, but shall not include a legislator.

Amendment 812 ratified[edit]

Conecuh County: Tax - Ad Valorem.

(a) In addition to the one-half mill of ad valorem tax levied by Amendment 778 of the Constitution of Alabama of 1901, the Conecuh County Commission shall continue to levy on an annual basis, commencing with the tax year for which taxes will become due and payable on October 1, 2009, an ad valorem tax on all taxable property located in Conecuh County at a rate of nine and one-half mills per dollar of assessed value of the taxable property. This tax is part of the 10 mills of ad valorem tax that Amendment 778 of the Constitution of Alabama of 1901 requires every local school system to collect and is not a levy of additional tax. The proceeds of the tax levied in this amendment shall be used for public school purposes in the county.

(b) The tax provided in this amendment shall be levied and collected for a period of twenty years.

(c) Commencing with the tax year for which taxes will become due and payable on October 1, 2009, all ad valorem taxes previously levied for public school purposes in Conecuh County shall be repealed except the one-half mill levied by Amendment 778 of the Constitution.

Amendment 813 ratified[edit]

DeKalb County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in DeKalb County.

Amendment 814 ratified[edit]

DeKalb County: Health - Methadone Clinic.

Notwithstanding any approval by the state Certificate of Need Board, no methadone clinic may be located in DeKalb County without prior approval of the electors in a referendum on the matter. The ballot for the referendum shall state the physical address where the proposed clinic will be located. Notwithstanding any prior approval by the state Certificate of Need Board, any methadone clinic in existence in DeKalb County on the effective date of this amendment may not continue to operate without approval by the electors in a referendum to be held within 12 months of the effective date of this amendment. The ballot for the referendum shall state the physical address where the methadone clinic is operating.

Amendment 815 ratified[edit]

Geneva County: Court Costs.

In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105, there shall be an additional thirty-five dollars ($35) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court or district court in Geneva County, as well as a document service fee of twenty dollars ($20) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Geneva County. The additional thirty-five dollar ($35) fee taxed as costs on each case shall be used for the planning, design, construction, financing, furnishing, and equipping of the new county jail and for the operation of the existing county jail. When the costs of the new county jail have been fully paid and when the debt service on any indebtedness incurred by the county commission to finance or refinance the costs have been retired, the additional court costs authorized by this amendment shall continue to be collected in all cases and shall be used to pay costs of the operation, upkeep, and maintenance of a new county jail. The document service fee shall be used for the operation of the Geneva County Sheriff's Office. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 816 ratified[edit]

Henry County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, alter, and regulate the costs and charges of courts in Henry County and provide for their distribution.

Amendment 817 ratified[edit]

Jackson County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Jackson County.

Amendment 818 ratified[edit]

Jefferson County: Sewer Service.

In Jefferson County, notwithstanding any other provision of this constitution, any bill for sewer service received in the name of the tenant or tenants shall be the sole responsibility of the tenant or tenants and shall not constitute a lien on the property where the sewer service was received. This amendment shall not be interpreted to impair the obligation of any contract entered into before the effective date of the amendment.

Amendment 819 ratified[edit]

Lauderdale County: Judicial Commission

All vacancies in the office of judge of the circuit court and the office of judge of the district court holding in Lauderdale County shall be filled in the manner and for the time as herein provided.

The Lauderdale County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members, two of whom shall be appointed by the members of the bar residing in the county, two shall be appointed by the members of the county commission, and one, who shall be the chair, shall be appointed by the Chief Justice or the Acting Chief Justice of the Alabama Supreme Court.

All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Lauderdale County.

The Lauderdale County Bar Association, the Lauderdale County Commission, and the Chief Justice or Acting Chief Justice of the Alabama Supreme Court shall each certify in writing to the Judge of Probate of Lauderdale County the names of the persons selected as members of the commission.

The terms of office of all members of the commission shall be six years. In the event that an initial appointment or vacancy of a member of the commission is not filled in 30 days, the appointment or vacancy shall be filled by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. 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 Judge of Probate of Lauderdale County shall record all certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.

No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.

The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission shall hold any public office, and no member of the commission shall hold any official position in any political party.

If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Lauderdale County, the commission shall nominate within 30 days to the Governor three persons having the qualifications for the office. If the commission fails to nominate three names during the 30-day period, the names shall be selected by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, the appointment shall be made by the Chief Justice or the Acting Chief Justice of the Alabama Supreme Court from the same list. The appointee shall hold the office until the next general election for any state officer held at least six months after the vacancy occurs and until a successor is elected and qualified. At the general election, the judicial office shall be filled for a full term of office to commence on the first Monday after the second Tuesday in January following the general election.

Amendment 820 ratified[edit]

Lee County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Lee County and provide for their distribution. Any local law authorizing the levy of additional court costs in Lee County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 821 ratified[edit]

Marshall County: Retirement.

No elected or appointed Marshall County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment, except elected officials who are currently holding office on such date. 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 Marshall 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. Marshall 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 Marshall 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 822 ratified[edit]

Mobile County: Animals - control of Dangerous Dogs.

The Legislature, by local law applicable to those areas of Mobile County outside the corporate limits of any municipality, may establish a procedure by which a dog can be declared dangerous and be humanely destroyed and impose criminal penalties on the owners of a dog declared to be dangerous.

Amendment 823 ratified[edit]

Pickens County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Pickens County and provide for their distribution.

Amendment 824 ratified[edit]

Russell County: Phenix City - Utilities.

In Russell County, the City of Phenix City may not sell or transfer any water and sewer system or any part of a water and sewer system owned or operated by or on behalf of the city unless the sale or transfer is approved by a majority of the qualified electors of the City of Phenix City in Russell County voting at a referendum election on the approval of the sale or transfer. The referendum election shall be held at the next regularly scheduled citywide election held in Phenix City at least 60 days after the city council or other governing body has adopted any ordinance or resolution providing for any sale or transfer covered by this amendment and the terms and conditions thereof.

Amendment 825 ratified[edit]

Shelby County: Tax - Equalization, Board Reorganized.

In Shelby County, notwithstanding any other provision of law, the Legislature by local law may provide for the reorganization of the county board of equalization and provide for the name of the board; provide for the appointment, term, and compensation of board members; and provide for the powers, duties, operation, and funding of the board.

Amendment 826 ratified[edit]

St. Clair County: Retirement.

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 827 ratified[edit]

Tallapoosa County: Traffic Laws - Enforcement.

In Tallapoosa County, the Legislature, by local law, may provide for the enforcement of motor vehicle and traffic laws on private roads in private gated communities in the county.

Amendment 828 ratified[edit]

Baldwin County Revnue Commissioner term of office.

Beginning with the second election cycle for the election of the Baldwin County Revenue Commissioner following the adoption of this amendment, and including the person serving as revenue commissioner on the date of the adoption of this amendment, the person elected revenue commissioner, and all successors thereafter, shall serve a term of office of six years, beginning on the first Tuesday in February following the election date.

The person elected at the first election cycle for the election of the Baldwin County Revenue Commissioner following the adoption of this amendment shall serve a term of office that is adjusted to approximately five years to allow the person holding office on the date of the adoption of this amendment to serve a full six-year term.

Amendment 829 ratified[edit]

Franklin County: Solid Waste - Biosolids.

In Franklin County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment.

Amendment 830 ratified[edit]

Lawrence County: Solid Waste - Biosolids.

In Lawrence County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment.

Amendment 831 ratified[edit]

Colbert County: Solid Waste - Biosolids.

In Colbert County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment, except for sewage biosolids produced by a publicly owned utility in Colbert County.

Amendment 832 ratified[edit]

Lawrence County: Solid Waste - Use of Funds.

Notwithstanding any other provision of law to the contrary, the Lawrence County Commission may use a portion of any funds or revenues from the operation and use of any landfill in the county, including, but not limited to, funds in or credited to its reserve account on the effective date of this amendment, for general county purposes, provided the county commission makes a determination that the funds are not needed for the operation and implementation of its solid waste disposal program.

Amendment 833 ratified[edit]

Lamar County Court Costs - Drug Enforcement Fee.

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 834 ratified[edit]

Marengo County: Court Costs

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Marengo County and provide for their distribution. Any local law authorizing the levy of additional court costs in Marengo county enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 835 ratified[edit]

Fayette County Court Costs - Drug Enforcement Fee.

Section 1. In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Fayette 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 Fayette 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 Fayette County and provide for their distribution. Any local law authorizing the levy of additional court costs in Fayette County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 836 ratified[edit]

Pickens County: Judge of Probate

The Judge of Probate of Pickens County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Pickens County if the judge of probate is licensed to practice law in the State of Alabama. In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects in the same manner as a case filed in circuit court. The Alabama Rules of Civil Procedure shall apply in the cases except as otherwise specifically provided by law. This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment.

Amendment 837 ratified[edit]

Shelby County: Solid Waste - Use of Funds.

Notwithstanding any other provision of law to the contrary, the Shelby County Commission may use a portion of any funds or revenues from the operation and use of any sanitary landfill operated by the county, including, but not limited to, funds in or credited to its reserve account on the effective date of this amendment, for the provision of potable water and water service in the county and for capital improvement projects deemed advisable by the county commission, provided the county commission makes a determination that the funds are not needed for the operation and implementation of its solid waste disposal program.

Amendment 838 ratified[edit]

DeKalb County, City of Fort Payne - Work Release for City Prisoners.

Notwithstanding any other provision of law, the City of Ft. Payne in DeKalb County may use prisoners confined in the city jail to perform work on public and private property and the city shall be subject to liability for any actions related to the use of the prisoners in the same manner and to the same extent as when county prisoners confined in the county jail are used to work on public or private property.

Amendment 839 ratified[edit]

Macon County: Court Costs - Legislative Authority.

The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Macon County and provide for their distribution. Any local law authorizing the levy of additional court costs in Macon County enacted prior to the effective date of this amendment is ratified and confirmed.

Amendment 840 ratified[edit]

Jefferson County: Tax - Homestead Exemption.

A person residing in Jefferson County and claiming a homestead exemption in the county under the laws of this state may continue to claim the exemption for three years after he or she is admitted to a nursing home or assisted living facility if the person continues to own the property while he or she resides in the home or the facility. The three-year-extension in the homestead exemption shall be allowed only if the property continues to be used for residential purposes and the property is not converted to commercial or any other purpose. The person shall only be required to verify by signature, on a form provided by the county tax assessor, that the qualifying conditions continue to exist, and to return the form by mail.

Amendment 841 ratified[edit]

Madison County: Tax - Occupational, Vocation; Prohibited.

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Madison County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Madison County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 842 ratified[edit]

Morgan County: Tax - Occupational, Vocation; Prohibited.

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Morgan County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Morgan County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 843 ratified[edit]

Limestone County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Limestone County.

Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Limestone County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 844 ratified[edit]

Lawrence County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Lawrence County.

Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Lawrence County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 845 ratified[edit]

DeKalb County: Elections.

The county commission shall call a special election within two weeks of a vacancy occurring in a county office in DeKalb County when 12 months or more remain in the unexpired term. The election shall be held within three months after the vacancy occurs.

Amendment 846 ratified[edit]

Jackson County: Elections.

The county commission shall call a special election within two weeks of a vacancy occurring in a county office in Jackson County when 12 months or more remain in the unexpired term. The election shall be held within three months after the vacancy occurs.

Amendment 847 ratified[edit]

Macon County: Amendmment to Amendment 530.

(a) In addition to any court costs and fees now or hereafter authorized to be collected, the county commission of Macon County is authorized to assess a fee not to exceed $30.00 upon the privilege of filing any initial complaint in all civil and criminal cases filed in any court, in the county, as well as a fee not to exceed $5.00 for the service of all pleadings and other documents in connection with any such action. All such fees shall be paid into the general fund and shall be applied exclusively for payment of the cost of the planning, construction, and equipping of a new 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 a new jail, as well as the expenses of issuance of any such bonds, warrants, or other obligations. When the costs of planning, constructing, and equipping a new county jail shall be fully paid or when all such bonds, warrants, or other obligations have been retired, whichever last occurs, the additional fee authorized by this amendment to be collected shall no longer be collected. Provided, however, no additional fee provided herein shall be collected until 30 days after the county commission has signed a contract or contracts for the construction of a new jail and construction has actually begun.

(b) Any court costs and fees collected pursuant to this amendment that were deposited into the Macon County Road and Bridge Fund prior to the financing of the new county jail and were not pledged for the county jail, may be used by the Macon County Commission for roads and bridges.

Amendment 848 ratified[edit]

Cullman County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Cullman County. Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Cullman County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those pursuant to sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 849 ratified[edit]

Madison County: Animals - Control of Dangerous Dogs.

The Madison County Commission, by resolution applicable to those areas of Madison County outside the corporate limits of any municipality, may establish a procedure by which a dog can be declared dangerous, may impose civil penalties on the owner of a dog that inflicts severe personal harm on another person, and may require that dangerous dogs, as defined by the commission, be kept in a fenced enclosure, as defined by the commission, with input from the local humane society.

Amendment 850 ratified[edit]

Randolph County: Economic Development - Capital Improvement Fund.

Moneys paid into the Randolph County Capital Improvement Fund pursuant to Amendment 668 of the Constitution of Alabama of 1901, now appearing as Section 219.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, may be expended for economic development projects.

Amendment 851 ratified[edit]

Blount County: Municipalities - Jurisdiction.

A municipality located entirely outside of Blount County is prohibited from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Blount County. A municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Blount County, other than public safety mutual aid.

Amendment 852 ratified[edit]

Montgomery County: Retirement.

No elected or appointed Revenue Commissioner in Montgomery 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. The Revenue Commissioner of Montgomery County 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. The Montgomery County Revenue Commissioner 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. This amendment does not include a county commissioner, a judge, district attorney, legislator, school board member, or any official elected from a judicial circuit.

Amendment 853 ratified[edit]

Chambers County: Tax - Libraries - Levy and Collection.

(a) As used in this amendment, the following defined terms apply:

(1) CONSTITUTION. The Constitution of Alabama of 1901, as amended, now appearing as the Official Recompilation of the Constitution Alabama of 1901, as amended.

(2) SPECIAL LIBRARY TAX. That certain additional special county ad valorem or property tax which is authorized by the Special Tax Amendments to be levied at the rate of twenty cents ($.20) on each one hundred dollars ($100) of taxable property in Chambers County.

(3) SPECIAL TAX AMENDMENTS. Amendment No. 554 of the Constitution of Alabama of 1901, now appearing as Section 6 of Chambers County Local Amendments, Official Recompilation of the Constitution of Alabama of 1901, which may be referred to as Chambers County Section 6; and Amendment No. 721 to the Constitution of Alabama of 1901, now appearing as Section 7 of Chambers County Local Amendments, Official Recompilation of the Constitution of Alabama of 1901, which may be referred to as Chambers County Section 7.

(b) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, the governing body of Chambers County shall continue to levy and collect the Special Library Tax in and for each fiscal or tax year of the county until and including the fiscal or tax year beginning on October 1, 2032, and ending on September 30, 2033, and for which county taxes shall become due and payable on October 1, 2033.

(c) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, none of the proceeds of the Special Library Tax may be used or expended, whether directly or indirectly, to pay any costs or expenses incurred, whether by the governing body of Chambers County or by any other person, in connection with the levy and collection of the Special Library Tax or to reimburse the governing body or any other person for any payment, by the governing body or any other person, of any such costs or expenses; and the governing body shall have no power to provide for the payment of any such costs or expenses out of the proceeds of the Special Library Tax.

(d) Except to the extent provided in this amendment, the levy and collection of the Special Library Tax, and the use and expenditure of the proceeds thereof, shall continue to be subject to all applicable provisions of each of the Special Tax Amendments. Nothing in this amendment shall be construed to permit any increase in the rate at which the Special Library Tax is levied.

(e) The provisions of this amendment are self-executing, and authorization from or any other action by the Legislature shall not be a prerequisite to the continued levy and collection of the Special Library Tax, or to the use or expenditure of the proceeds thereof. Notwithstanding any contrary provision of either Section 104 or Section 105 of the Constitution, the Legislature shall have the power to enact general, special, or local laws supplemental hereto or in futherance of the purposes hereof; provided, that no such special or local law shall be subject to the provision of Section 106 of the Constitution.

Amendment 854 ratified[edit]

Calhoun County: Tax - Residential Real Estate, Business Tax Exemption.

In Calhoun County, no municipal business license tax shall be levied on the rental of residential real estate based on a per unit tax rate.

Amendment 855 ratified[edit]

Hale County Ad Valorem Tax.

(a) The amount of funds in excess of the amount of funds utilized for the jail pursuant to Act 92-565 of the 1992 Regular Session (Acts 1992, p. 1177), authorizing the Hale County Commission to levy an additional ad valorem tax in the amount of three mills pursuant to subsection (f) of Amendment 373 to the Constitution of Alabama of 1901, shall be deposited in the Hale County General Fund and distributed for law enforcement purposes only.

(b) After the costs of planning, constructing, and equipping a new county jail are fully paid or when all bonds, warrants, or other obligations have been retired pursuant to Act 92-565, the additional ad valorem tax in the amount of three mills shall continue to be collected and distributed pursuant to subsection (a).

(c) This constitutional amendment shall have retroactive effect to May 21, 1992.

(d) Act 2011-256 of the 2011 Regular Session is hereby specifically repealed.

Amendment 856 ratified[edit]

Distribtuions from Alabama Trust Fund; distributions from County and Municipal Government Capital Improvement Trust Fund..

Section 1. (a) Notwithstanding any other provision of this constitution, beginning with the state's 2012-2013 fiscal year, the following distributions shall be made annually from the Alabama Trust Fund in lieu of any other distributions of trust income, realized capital gains, or unrealized capital gains provided by law:

(1) An amount equal to thirty-three percent (33%) of the oil and gas capital payments paid into the Alabama Trust Fund for the fiscal year ending one year prior to the beginning of the fiscal year for which the distribution is being made plus five percent (5%) of the average market value of invested assets of the Alabama Trust Fund as of the end of the three fiscal years ending one, two, and three years prior to the beginning of the fiscal year for which the distribution is being made shall be distributed as follows:

a. Ten percent (10%) of the amount distributed shall be paid to the County Government Capital Improvement Fund and shall be distributed pursuant to Section 11-29-6, Code of Alabama 1975, as amended.

b. Ten percent (10%) of the amount distributed shall be paid to the Municipal Government Capital Improvement Fund and shall be distributed pursuant to Section 11-66-6, Code of Alabama 1975, as amended.

c. If the constitutional amendment proposed by Act 2011-315 is ratified, then ten percent (10%) of the amount distributed, but not more than fifteen million dollars ($15,000,000) in any one fiscal year, shall be paid to the Forever Wild Land Trust. This distribution shall continue through the fiscal year ending September 30, 2032, and shall not be made after the end of that fiscal year. If the constitutional amendment proposed by Act 2011-315 is not ratified, then one percent (1%) of the amount distributed, but not more than one million dollars ($1,000,000) in any one fiscal year, shall be paid to the Forever Wild Land Trust Stewardship Account.

d. One percent (1%) of the amount distributed, but not more than five million dollars ($5,000,000) in any one fiscal year, shall be paid to the Alabama Senior Services Trust Fund.

e. The remainder of the amount distributed shall be paid to the State General Fund.

(b) Beginning with the state's 2012-2013 fiscal year, an amount equal to five percent (5%) of the average market value of invested assets of the County and Municipal Government Capital Improvement Trust Fund as of the end of the three fiscal years ending one, two, and three years prior to the beginning of the fiscal year for which the distribution is being made shall be distributed as follows:

(1) Fifty percent (50%) of the amount distributed shall be paid to the County Government Capital Improvement Fund and shall be distributed pursuant to Section 11-29-6, Code of Alabama 1975, as amended.

(2) Fifty percent (50%) of the amount distributed shall be paid to the Municipal Government Capital Improvement Fund and shall be distributed pursuant to Section 11-66-6, Code of Alabama 1975, as amended.

(c) Notwithstanding the provisions of subsections (a) and (b) of this Section, if market or financial conditions dictate that distributing the entire amounts authorized by this amendment would be detrimental to the preservation of the invested assets of the Alabama Trust Fund, the preservation of the invested assets of the County and Municipal Government Capital Improvement Trust Fund, or both, the Board of Trustees of the Alabama Trust Fund in its sole discretion may, by a two-thirds recorded vote of the entire membership of the Board, elect to distribute a smaller percentage of the oil and gas capital payments, a smaller percentage of the average amount of invested assets, or both. The Board shall make this election at least six months prior to the beginning of the fiscal year for which the distributions will be made.

(d) For purposes of this amendment, "invested assets" means all assets which are invested in accordance with the investment policy statement adopted by the Board of Trustees of the Alabama Trust Fund. Invested assets shall not include investments in land or properties acquired for the Forever Wild Land Trust and vested in the Alabama Trust Fund and shall not include any outstanding and unpaid amounts due to the Education Trust Fund Rainy Day Account or to the General Fund Rainy Day Account.

Section 2. A County and Municipal Government Capital Improvement Trust Fund Advisory Committee is created. The Committee shall be composed of three members appointed by the Alabama League of Municipalities and three members appointed by the Association of County Commissions of Alabama. The Committee shall serve in an advisory role, and the Board of Trustees of the Alabama Trust Fund shall define the duties of the Committee.

Section 3. Beginning with the state's 2012-2013 fiscal year, whenever funds are withdrawn from the Education Trust Fund Rainy Day Account or the General Fund Rainy Day Account, there shall not be any additional transfer of funds into the County and Municipal Government Capital Improvement Trust Fund, and investment income earned on amounts repaid to the Education Trust Fund Rainy Day Account and the General Fund Rainy Day Account shall not be distributed to the State General Fund.

Section 4. Beginning with the state's 2012-2013 fiscal year and continuing through the state's 2014-2015 fiscal year, there is hereby transferred $145,796,943 annually to the State General Fund from the Alabama Trust Fund.

Section 5. All laws or parts of laws in conflict with this amendment are repealed, including, but not limited to: Those portions of Amendments 450, 543, and 666 to the Constitution of Alabama of 1901, relating to the distribution of trust income, realized capital gains, and unrealized capital gains; Amendment 668 to the Constitution of Alabama of 1901, relating to the distribution of trust income; those portions of Amendment 803 to the Constitution of Alabama of 1901, relating to additional transfers to the County and Municipal Government Capital Improvement Fund and the distribution of investment income on repayments to the Education Trust Fund and State General Fund Rainy Day Accounts; and Sections 11-66-5 and 11-29-5 of the Code of Alabama 1975, as amended, relating to appropriations of trust income to the County and Municipal Government Capital Improvement Trust Funds.

END OF PROPOSED AMENDMENT

Amendment 857 ratified[edit]

Montgomery County: Board of Education.

As terms of office on the Montgomery County Board of Education expire, new members shall be elected to the board for terms of four years.

Amendment 858 ratified[edit]

Baldwin County: Tax - Vocational, Occupational, and Professional; Prohibited.

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Baldwin County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Baldwin County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975.

Amendment 859 ratified[edit]

Tuscaloosa County: Tax - Occupational, Vocation; Prohibited.

No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Tuscaloosa County.

Amendment 860 ratified[edit]

Forever Wild Land Trust.

All moneys paid to the Forever Wild Land Trust pursuant to Section 7 of Amendment 543 of the Constitution of Alabama of 1901, now appearing as Section 7 of Section 219.07 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, shall continue to be paid for a 20-year period beginning with the 2012-2013 fiscal year retroactive to October 1, 2012, and ending in the fiscal year 2031-2032.

Amendment 861 ratified[edit]

Baldwin County: Annexation - Stockton Landmark District.

(a) For the purposes of this amendment, the "Stockton Landmark District" is defined as follows:

Beginning at the point where I-65 intersects the line which divides R2E and R3E; thence, north to Little Halls Creek; thence, follow Little Halls Creek in a westwardly direction to Halls Creek; thence, follow Halls Creek to Tensaw Lake; thence, follow meanders of Tensaw Lake in a southerly direction until it meets the Tensaw River; thence, follow meanders of Tensaw River until it meets I-65; thence, follow I-65 in E/NE direction to point of beginning.

(b) No property within the Stockton Landmark District may be annexed into any municipality by local law.

(c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Stockton Landmark District.

Amendment 862 ratified[edit]

Madison County: Animals - Procedures.

Section 1. The people of the State of Alabama find and declare that: Certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unprovoked attacks on, and associated injury to, individuals; these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; existing laws inadequately address this problem; and it is therefore appropriate and necessary to impose requirements on the owners of dangerous dogs.

Section 2. The provisions of this constitutional amendment are applicable to those areas of Madison County outside the corporate limits of any municipality.

Section 3. The following words shall have the following meanings:

(1) ANIMAL CONTROL OFFICER. Any person employed by Madison County who performs animal control functions.

(2) ATTACK. Aggressive physical contact initiated by a dog.

(3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped or has been wounded or pierced.

(4) DANGEROUS DOG. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury to a human being, without provocation, or has repeatedly bitten or caused physical injury to humans, except a dog used by law enforcement officials for legitimate law enforcement purposes, a certified guide dog for the blind, a hearing dog for the deaf, or a service dog for the disabled.

(5) DOG. All members of the canine family including dog hybrids.

(6) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to Madison County.

(7) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her.

(8) PHYSICAL INJURY. An injury as defined in Section 13A-1-2(12), Code of Alabama 1975.

(9) PROPER ENCLOSURE OF A DANGEROUS DOG. An enclosure for the confinement of a dog that has been declared dangerous which is suitable to prevent the entry of the general public and:

a. Is capable of being locked with a key or combination lock when the dog is within the structure.

b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the animal from digging out.

c. Provides adequate ventilation and protection from the elements.

d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: "Dangerous Dog - No Trespassing."

e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog.

(10) SERIOUS PHYSICAL INJURY. An injury as defined in Section 13A-1-2(14), Code of Alabama 1975.

Section 4. (a) An animal control officer or law enforcement officer shall investigate any incident involving any dog reported to be dangerous.

(b) If a dog that is unowned and has been reported to be dangerous bites a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b), Code of Alabama 1975. For the purposes of this subsection, "bites" means the same as "has been exposed" as defined in Section 3-7A-1(5), Code of Alabama 1975.

(c) If there is probable cause to believe that an owned dog is dangerous and has caused serious physical injury to a human being, a law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous. Madison County may impound the dog at the county pound as described in Section 3-7A-7, Code of Alabama 1975, or may enter into an agreement with an animal shelter or licensed veterinarian to secure and impound dangerous dogs pursuant to this section. The owner of the dog shall be liable to Madison County for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.

(d) The district attorney, county attorney, or the designee of either, shall be authorized to file a petition in the district court to declare the dog that caused physical injury to a human being in Madison County to be dangerous. The owner of the dog shall be served with a copy of the petition.

(e) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership shall not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous.

(f) The court hearing shall be held as soon as practicable. At the hearing, the district attorney, county attorney, or the designee of either, shall present evidence that the dog is dangerous and whether the dog caused serious physical injury to a human being.

(1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a human being, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official.

(2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a human being or other animal, the court shall issue orders authorized by this section.

(g) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure unless otherwise specified by this amendment. The court may tax all costs of the proceedings including attorney's fees and expert witness fees to the owner of the dog.

Section 5. (a) A dog may not be declared dangerous in any of the following circumstances:

(1) When an injury or damage was sustained by a person who at the time of the injury or damage was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog with the intent to commit a crime or was committing a crime; was teasing, tormenting, abusing, or assaulting the dog; or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog.

(2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring.

(4) When a person or domestic animal was disturbing the natural functions of the dog such as sleeping or eating.

(b) Neither growling nor barking, or both, shall alone constitute grounds upon which to find a dog to be dangerous.

Section 6. (a) If a court determines that a dog is dangerous, but does not order that the dog be destroyed because evidence was insufficient to determine that the dog caused serious physical injury, in addition to any other requirements imposed by the court, within 30 days of the issuance of the order declaring the dog to be dangerous, the owner of the dog shall register the dog with the Madison County Animal Control Department. All certificates of registration required to be obtained under this section shall only be issued to persons 18 years of age or older who present evidence of the following:

(1) A current certificate of rabies vaccination.

(2) A current photograph of the dog.

(3) That the dog will be confined to a proper enclosure when the dog is outdoors and unattended.

(4) That the dog has been neutered or spayed, unless medically not needed.

(5) That the dog has been permanently identified by tattooing or injecting an identification microchip using standard veterinary procedures and practices, and the name, address, and phone number of the veterinarian performing the identification procedure.

(6) A policy of insurance, such as homeowner's, or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering the medical or veterinary costs, or both, resulting from any future dangerous actions of the dog.

(7) If the owner of the dangerous dog is not the owner of the property where the dog is kept, the owner of the dog must obtain from the property owner written permission for the dangerous dog to be kept there.

(8) A notarized affidavit from the owner of the dangerous dog stating that the dog will be under the control of a person 18 years or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside the property of its owner except in emergencies or for normal or necessary medical or health-related treatment.

(b) If the owner fails to provide a proper enclosure for the dangerous dog or fails to provide a certification of dangerous dog registration to the court within 30 days of the issuance of the court's declaration that the dog is dangerous, the dog shall be humanely euthanized.

(c) The owner of the dangerous dog shall pay an annual fee to register the dog pursuant to the provisions of this amendment. The amount of the dangerous dog registration fee shall be established by the Madison County Commission. The payment of the dangerous dog registration fee shall be in addition to any regular dog licensing fee required by Madison County.

(d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this amendment and any court order issued pursuant to this amendment.

(e) Prior to a dangerous dog being sold or given away, the owner shall advise the new prospective owner in writing that the dog has been declared to be dangerous by a court and shall provide the Madison County Animal Control Department the name, address, and telephone number of the new owner. The new owner shall comply with all of the requirements of this amendment.

Section 7. The owner of a dog which has been declared to be dangerous by a court may petition the district court to remove the dangerous dog designation 18 months after the judicial declaration was issued. A copy of the petition shall be served upon the district attorney or county attorney. The court may remove the dangerous dog designation and eliminate any requirements of this amendment if the owner of the dog has not violated this amendment and any orders of the court, and if the court is satisfied from the evidence that the dog is no longer dangerous.

Section 8. (a) If a dog that has previously been declared by a court to be dangerous, when unprovoked, shall cause serious physical injury or kill a human being the owner of the dog shall be guilty of a Class C felony.

(b) If a dog that has not been declared by a court to be dangerous, attacks and causes serious physical injury or death to any human being, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class A misdemeanor.

(c) In addition to any fines imposed by the court, a person guilty of violating subsections (a) and (b) of this section shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the animal.

(d) An owner of a dog declared to be dangerous by a court who does not contain the dog in a proper enclosure shall be guilty of a Class C misdemeanor.

(e) An owner of a dog declared to be dangerous by a court who has been adjudicated guilty of subsection (d) and subsequently fails to contain a dangerous dog in a proper enclosure shall be guilty of a Class B misdemeanor.

Section 9. Nothing in this amendment shall be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this amendment is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

Section 10. (a) Nothing in this amendment shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-16, inclusive, Code of Alabama 1975.

(b) Nothing in this amendment is designed to abrogate any civil remedies available under statutory or common law.

Section 11. Any person who knowingly makes a false report to a law enforcement officer or an animal control officer that a dog is dangerous is guilty of a Class C misdemeanor.

Section 12. Madison County, its district attorney and its county attorney and any of its, or their employees or agents, and the individual issuing the dangerous dog certificate or registration shall be immune from any and all liability for any actions taken or for any failure to act pursuant to this amendment.

Section 13. The Madison County Commission shall establish the date on which these provisions shall become effective.

Amendment 863 ratified[edit]

Mobile County: Water and Sewer.

(a) Within 90 days after the ratification of this amendment, the assets and liabilities of the Water Works and Sewer Board of the City of Prichard shall be transferred to the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System. The transfer shall include all assets of the Water Works and Sewer Board of the City of Prichard and shall be conditioned upon the assumption or discharge by the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System, of all liabilities of the Water Works and Sewer Board of the City of Prichard, including, without limitation, all indebtedness, contracts, and retirement obligations. Any assumption of obligations by the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System, shall be evidenced by resolution of that board.

(b) Upon transfer of its assets and liabilities pursuant to subsection (a), the Water Works and Sewer Board of the City of Prichard shall be dissolved.

(c) The rates for water and sewer service to existing customers of Mobile Area Water and Sewer System shall not be increased at any time for reasons related to the acquisition or maintenance of the assets, liabilities, or infrastructure of the Water Works and Sewer Board of the City of Prichard.

(d) Notwithstanding ratification of this amendment in accordance with applicable state law, this amendment shall not be effective and the actions, including, but not limited to, the transfer of assets and liabilities in subsections (a) and (b), shall not take place unless both of the following have occurred:

(1) A favorable vote by the majority of those persons who reside and voted in precincts any part of which are serviced by the Board of Water and Sewer Commissioners of the City of Mobile (Mobile Area Water and Sewer System).

(2) A favorable vote by the majority of those persons who reside and voted in precincts any part of which are serviced by the Water and Sewer Board of the City of Prichard.

The votes cast on this amendment in precincts any part of which are serviced by the Board of Water and Sewer Commissioners of the City of Mobile (Mobile Area Water and Sewer System) and the votes cast on this amendment in precincts any part of which are serviced by the Water and Sewer Board of the City of Prichard shall be tabulated separately to determine whether a majority of those who voted in each area approved the amendment.

Amendment 864 ratified[edit]

Mandatory participation in health care system prohibited.

(a) In order to preserve the freedom of all residents of Alabama to provide for their own health care, a law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.

(b) A person or employer may pay directly for health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

(c) The purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.

Amendment 865 ratified[edit]

Amendment to Section 177.

Sec. 177. Suffrage and Elections

(a) Every citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

(c) The Legislature shall by law provide for the registration of voters, absentee voting, secrecy in voting, the administration of elections, and the nomination of candidates.

(d) The right of individuals to vote by secret ballot is fundamental. Where state or federal law requires elections for public office or public votes on referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed.

Amendment 866 ratified[edit]

Cullman County: Education - Control of Land and Resources.

(a) All sixteenth section school and school land located in Cullman County is vested in the Cullman 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 distributed as follows:

(1) Ninety percent shall be deposited into a trust account in Cullman County.

(2) Ten percent shall be deposited into the Cullman County Board of Education General Fund.

(c) Any interest earned on the funds deposited pursuant to subdivision (1) of subsection (b) and the funds deposited under subdivision (2) of subsection (b) shall be annually distributed to the Cullman County school system and the Cullman City school system based on the number of students residing within the then existing boundaries of each system. The number of students residing in a school system shall be based on the then existing enrollment of students in each system, adjusted by the number of students enrolled in the system who reside outside of the system, as identified by the Cullman City Board of Education. The annual distribution of interest for each of the five years immediately following ratification of this amendment shall be calculated using 2010-2011 school year student enrollment data. Thereafter, the distribution formulation shall be recalculated and updated for each five-year period based upon student enrollment data at the beginning of the five-year period.

(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 Cullman County Board of Education and deposited into the Cullman 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 Cullman 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 Cullman 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 Cullman County Board of Education.

Amendment 867 ratified[edit]

Perry County: Salaries - Sheriff.

The Legislature, from time to time, by general or local laws applicable to or operative in Perry County, may fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of compensation, to be charged or received by the sheriff of the county; and may place the sheriff on a salary and provide for the fees, commissions, allowances, and percentages collectible by the sheriff, to be paid into the county treasury.

Amendment 868 ratified[edit]

Etowah County: Retirement.

No elected or appointed Etowah 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 Etowah 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. Etowah 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 Etowah County official" do not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.

Amendment 869 ratified[edit]

Jackson County: Repeal of Amendment 846.

Amendment No. 846 of the Constitution of Alabama of 1901, now appearing as Section 1.50, Jackson County, Local Constitutional Amendments of the Official Recompilation of the Constitution of Alabama of 1901, relating to special elections to fill vacancies in county offices, is repealed.

Amendment 870 ratified[edit]

Marshall County: Board of Education - Election of Members; Operation.

The Legislature, by local law, from time to time may provide for the election of the members of the Marshall 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; vacancies; the composition of the county board of education; initial and succeeding terms of office, including staggered terms; and qualifications, powers, duties, responsibilities, and compensation of the board and board members.

Amendment 871 ratified[edit]

Compensation and expenses of members of Legislature.

Section 1. (a) The Legislature recognizes that the public trust in the legislative body is of paramount importance. The Legislature further recognizes that government transparency and accountability are vital to the preservation of the public trust. To that end, it is the purpose of this amendment to remove the power of determining legislative compensation or expenses from the hands of the Legislature itself, to validate the basis upon which legislative compensation and expenses are established in an objective manner based on measurable standards, and to allow the citizens of Alabama to vote on this issue. It is the will of the Legislature to resolve the issue of legislative compensation and expenses once and for all by providing for compensation and expenses for members of the Legislature and the President of the Senate and by providing for compensation to be paid at the same rate as the median household income in Alabama and expenses in the same amounts and manner as expenses are allowed under law for state employees generally.

(b) All laws or parts of laws in conflict with this amendment are repealed, including, but not limited to: Those portions of Amendments 39, 57, and 339 of the Constitution of Alabama of 1901, relating to the compensation and expenses of members of the Legislature; Act 87-209, Act 90-490, Act 91-95, Act 91-108, and Act 2007-75; and Section 29-1-8, Code of Alabama 1975.

Section 2. The annual basic compensation for each member of the Legislature and the President of the Senate shall be the median annual household income in Alabama, as ascertained and adjusted each year by the State Personnel Board to take effect on the first day of January of each year.

Section 3. (a) No member of the Legislature or the President of the Senate may receive reimbursement for any expenses except as provided in this section.

(b) Subject to approval by the President of the Senate or by the Speaker of the House for the respective members of their Houses, and except as otherwise provided in subsection (d), a member of the Legislature may be reimbursed for any of the following:

(1) Expenses incurred for travel on official business in the same amounts or at the same rates as for state employees traveling in the service of the state under state law, rules, and policies, provided that, for a member of the Legislature, the travel is to a place outside his or her district.

(2) Actual expenses other than travel expenses incurred in the performance of official duties.

(3) Expenses authorized pursuant to Act 1196 of the 1971 Regular Session for the presiding officer of each House.

(c) Reimbursement for expenses may only be made under subdivision (1) and (2) of subsection (b) after a determination of the presiding officer of the member's House that the travel or expense is in the service of the state and on submission of a signed voucher submitted in the same manner as a request for reimbursement of expenses by a state employee.

(d) Except for the expenses of transportation, no member of the Legislature who resides less than 50 miles from the seat of government may be reimbursed for any travel expenses for travel between his or her place of residence and the seat of government.

(e) In making the determination required by subsection (c), the presiding officer of either House may not determine a particular expense incurred by any member of the Legislature was not in the service of the state on any basis that discriminates between members of the Legislature.

(f) Reimbursement for expenses authorized pursuant to this section shall be paid in a timely manner that is consistent with expense reimbursement regulations jointly promulgated by the President of the Senate and the Speaker of the House pursuant to the Alabama Administrative Procedure Act. Such regulations shall, to the extent possible, mirror similar regulations applicable to state employees. The President of the Senate and the Speaker of the House may not discriminate between members of the Legislature regarding the timely reimbursement of authorized expenses.

(g) The State Personnel Board may promulgate such rules as it deems necessary to enforce its responsibilities under this amendment and, in conjunction with the Comptroller, shall provide an annual report on compensation and reimbursement of expenses to members of the Legislature.

Section 4. (a) The compensation and reimbursement for expenses provided in Sections 2 and 3 shall constitute the total amounts payable to the presiding officers and members of the Legislature, beginning with the terms commencing immediately after the 2014 General Election.

(b) The Legislature may not increase, supplement, or otherwise enlarge the compensation or reimbursement for expenses payable to its members by this amendment.

Amendment 872 ratified[edit]

Amendment to Sections 229, 239, and 240; Repeal of Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, and 246.

1. Section 229 of the Constitution of Alabama of 1901, as amended by Amendment 27, is amended to read as follows:

"Section 229. "The Legislature shall pass general laws under which corporations and other entities may be organized, authorized to do business or conduct their affairs, operated, dissolved, and regulated; such laws, now existing or hereafter passed, shall be subject to amendment or repeal by general law. The Legislature, by general law, shall provide for the payment to the State of Alabama of a tax on the privilege of doing business in Alabama or being organized, incorporated, qualified, or registered under the laws of Alabama. Strictly benevolent, educational, or religious corporations shall not be required to pay such a tax on their withdrawable or repurchasable shares to the extent they have such shares."

2. Section 239 of the Constitution of Alabama of 1901, is amended to read as follows:

"Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this state, and connect the same with other lines; and the legislature shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph or telephone company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph or telephone company owning a complete [competing] line, or acquire, by purchase or otherwise, any other competing line of telegraph or telephone."

3. Section 240 of the Constitution of Alabama of 1901, is amended to read as follows:

"Section 240. All corporations shall have the right to sue, and shall be subject to be sued, in all courts in like cases as natural persons.

"Dues from private corporations shall be secured by such means as may be prescribed by law; but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her."

4. The following sections of the Constitution of Alabama of 1901, relating to private corporations and railroads and canals are repealed: Section 230, relating to the cancellation of certain corporate charters; Section 231, relating to limitation on remitting forfeiture of corporate charters; Section 232, as amended by Amendment 473, relating to foreign corporations doing business in the state; Section 233, relating to corporations being restricted to business authorized by the charter; Section 234, relating to restrictions on the issuance of corporate stocks and bonds; Section 236, relating to security for dues from private corporations and liability of stockholders; Section 237, relating to issuance of preferred stock by corporations; Section 243, specifying that the regulation of railroad companies is vested in the Legislature; Section 244, relating to prohibiting the giving of free passes or discount tickets to members of the Legislature or officers exercising judicial functions; Section 245, relating to railroads not giving rebates or bonuses and deceiving or misleading the public as to rates; and Section 246, relating to acceptance of article as a prerequisite to benefits to future legislation.

Amendment 873 ratified[edit]

Amendment to Section 247; Repeal of Sections 248, 249, 251, 252, 253, 254, and 255.01.

1. Section 247 of the Constitution of Alabama of 1901, is amended to read as follows:

"Section 247. Authority of Legislature.

"(a) The Legislature shall not have the power to establish or incorporate any bank or banking company or moneyed institution for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions prescribed in this Constitution. No bank shall be established otherwise than under a general banking law.

"(b) There shall be no limit of time for the duration of a corporation organized as a bank or banking company, and it shall not be necessary to renew or extend the life or charter of any such corporation now existing. All extensions of the life or charter of any such corporations are ratified and confirmed.

"(c) Neither the state, nor any political subdivision thereof, shall be a stockholder in any bank, nor shall the credit of the state or any political subdivision thereof be given or lent to any banking company, banking association, or banking corporation.

"(d) The Legislature, by appropriate laws, shall provide for the examination, by some public officer, of all banks and banking institutions and trust companies engaged in banking business in this state; and each of such banks and banking companies or institutions, through its president, or such other officer as the Legislature may designate, shall make a report under oath of its resources and liabilities at least twice a year."

2. The following sections of Article XIII of the Constitution of Alabama of 1901, relating to banks and banking, are repealed: Section 248, relating to banking laws being general, specie basis, and the authority to issue bills to circulate as money; Section 249, relating to bills or notes issued as money redeemable in gold or silver and specifying laws may not sanction suspension of the specie payments; Section 251, as amended by Constitutional Amendment 51, relating to termination of business; Section 252, relating to maximum rate of interest; Section 253, relating to state and political subdivisions not to be stockholders in banks or lend credit thereto; and Section 254, relating to examinations of banks by public officers and semiannual reports by banks.

3. Section 255.01, relating to nonresidents making mortgage loans, is repealed on the contingency that a new Article XII is adopted as a part of the Alabama Constitution which repeals existing Section 232 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and on the contingency that a bill is enacted that repeals Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, relating to the consequences of a foreign corporation transacting business without registration, and which provides that Sections 10A-1-7.21 through and including Section 10A-1-7.24, Code of Alabama 1975, shall instead apply to a foreign corporation transacting business without registering with the Secretary of State.

Amendment 874 ratified[edit]

Bullock County: Retirement.

(a) No elected or appointed Bullock 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 Bullock 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, and shall be treated as an employee of the county. Bullock County officials, including the sheriff, 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. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purpose of this amendment, the words "elected or appointed Bullock County official, including the sheriff," shall include, subject only to express limitation, any person elected to represent Bullock County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Bullock County official, including the sheriff. The words do not include a judge, district attorney, constable, school board member, legislator, or any official elected from a judicial circuit.

(b) Amendment No. 676 of the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Bullock County, Official Recompilation of the Constitution of Alabama of 1901, as amended, is repealed.

Amendment 875 ratified[edit]

Lawrence County: Municipalities - Jurisdiction.

A municipality located entirely outside of Lawrence County is prohibited from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Lawrence County. A municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Lawrence County, other than public safety mutual aid.

Amendment 876 ratified[edit]

Calhoun County: Elections - Absentee Ballots.

Upon the expiration of the current term of office of the Clerk of the Circuit Court of Calhoun County, the Calhoun County Commission shall manage the processing of absentee election ballots. The county commission may process the ballots with staff of the county commission at no cost or may process the ballots by the hiring of temporary employees or by contracting with a nonprofit agency. Notwithstanding the foregoing, nothing in this amendment shall change the manner, rate, or amount Calhoun County or the Calhoun County Commission is reimbursed for an election.

Amendment 877 ratified[edit]

Winston County: Salaries and Duties - Judge of Probate.

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 878 ratified[edit]

Marengo County: Amendment to Amendment 609.

(a) The Judge of Probate of Marengo County shall receive compensation in the form of an annual salary which shall be calculated as provided by Chapter 2A of Title 11, Code of Alabama 1975.

(b) All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the Judge of Probate of Marengo County shall continue to be collected by the judge of probate, but shall be paid into the county general fund.

(c) The County Commission of Marengo County shall provide the judge of probate with office personnel, clerks and deputies, and with quarters, books, stationery, furniture, equipment, and other supplies necessary for the proper and efficient conduct of the office of the judge of probate. Compensation of the personnel shall be fixed by the county commission and shall be paid in equal monthly installments out of the General Fund of Marengo County.

(d) The amendment to this amendment shall become effective beginning with the next term of office following ratification of the amendment.

Amendment 879 ratified[edit]

Baldwin County: Tax - Schools; Sales and Use.

(a) As used in this amendment, the term "state sales tax" means the tax or taxes imposed by Division 1 of Article 1 of Chapter 23 and by Article 3 of Chapter 23 of Title 40 of the Code of Alabama 1975, as amended (herein called "the Code"), including all other statutes of the State of Alabama (herein called "the state") which expressly set forth any exemptions from the computation of the taxes levied in Division 1 or Article 3 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 or Article 3 and the incidence and collection of the taxes imposed therein; and the term "state use tax" means the tax or taxes imposed by either Article 2 or Article 3 of Chapter 23 of Title 40 of the Code, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 or Article 3 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 or Article 3 and the incidence and collection of the taxes imposed therein.

(b) Subject to the provisions of this amendment, there are hereby levied in Baldwin County (herein called "the county"), in addition to all other taxes now authorized, or that may hereafter be authorized by the Constitution and laws of Alabama, to be levied in the county, sales and use taxes (herein together called "the county sales and use taxes") that parallel, except for the rate or rates of such taxes (as hereinafter specified), the state sales tax and the state use tax. The duration of the levy of the county sales and use taxes hereunder shall be a period of five (5) years, commencing on June 1, 2013, subject to extension or renewal as authorized by the Legislature in accordance with a local legislative act.

(c) The rate of the county sales and use taxes shall be one percent on any transaction that is subject to taxation by the state pursuant to the provisions of (i) either subdivision (1), subdivision (2), or subdivision (5) of Section 40-23-2 of the Code, or (ii) subsection (a) of Section 40-23-61 of the Code.

(d) The rate of the county sales and use taxes shall be one-half of one percent (.5%) on any transaction that is subject to taxation by the state pursuant to the provisions of (i) either subdivision (3) or subdivision (4) of Section 40-23-2 of the Code; or (ii) either subsection (b) or subsection (c) of Section 40-23-61 of the Code; (iii) either Section 40-23-37 or Section 40-23-63, Code of Alabama 1975; or (iv) Article 3 of Chapter 23 of Title 40 of the Code, as the case may be.

(e) The county sales and use taxes shall, as the Baldwin County Commission (hereafter "the commission") may from time to time determine, be collected either by the commission or by any person, firm, or corporation (whether public or private) with which the commission may contract to collect the county sales and use taxes or any other tax or taxes levied by, or in, the county, all in accordance with, and subject to, applicable provisions of law as are from time to time in effect.

(f) All provisions of law from time to time in effect with respect to the payment, assessment, and collection of the state sales tax and the state use tax, and any and all reports, records, and penalties for failure to pay such taxes, the promulgation of rules and regulations with respect to such taxes, and the administration and enforcement of such taxes or such provisions of law (as the case may be), shall, to the extent not inconsistent with this amendment, apply to the county sales and use taxes.

(g) The commission shall remit to any local boards of education in the county in accordance with state law all amounts collected by the commission from the sales and use tax levied pursuant to the terms of this amendment, less collection fees charged by the commission in accordance with this amendment, applicable state law and any agreements entered into between the commission and the Baldwin County Board of Education or any local board of education in the county not inconsistent with this amendment or state law.

(h) Notwithstanding any provision of law now existing or hereafter enacted by the Legislature, the board of education shall pay, or shall cause to be paid, all costs and expenses incurred (whether by the state, the county or any other political subdivision or public body) in connection with the call, conduct, canvass or contest of any special election hereafter held (whether pursuant to, or in accordance with, the provisions of this amendment or otherwise) for the purpose of levying, or authorizing the levy of, any tax (regardless of the character or nature thereof) all or a majority of the revenues from which may, prior to such special election, be dedicated by constitutional amendment, general law, statute, local legislative act or otherwise (or by ordinance or resolution of the commission) for public school or public educational purposes in the county, or which may be otherwise payable (or paid) to the Baldwin County Board of Education. The provisions of this paragraph shall remain in full force and effect notwithstanding the expiration or termination of any sales or use tax levied, extended or renewed pursuant to other provisions of this amendment.

(i) The commission is hereby empowered to collect the county sales and use taxes and to enforce the provisions of this amendment, and it shall have and exercise all rights and remedies that the state has for the collection of the state sales tax and the state use tax (as the case may be).

(j) The foregoing provisions of this amendment shall be and are hereby declared to be self-executing; but the Legislature may enact general or local laws that implement, supplement or further any or all of the foregoing provisions of this amendment.

Amendment 880 ratified[edit]

Maximum aggregate principal limitations on general obligation bonds.

(a) Anything in Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], or Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041], to the contrary notwithstanding, the authority granted to the State of Alabama to become indebteded and to sell and issue its interest-bearing general obligation bonds, in addition to all other bonds of the state, under Amendment No. 666 to the Constitution of Alabama of 1901 [Section 219.04], as amended by Amendment No. 796 to the Constitution of Alabama of 1901 [Section 219.041], shall not be subject to the limitations on aggregate principal amount imposed by Section VIII of said Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], as modified by paragraph (a) of Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041]; provided, that at no time shall the aggregate principal amount of such general obligation bonds (including, without limitation, general obligation refunding bonds) then outstanding be in excess of $750 million.

(b) General obligation refunding bonds may be issued by the State from time to time pursuant to the authority contained in Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], in aggregate principal amounts (which may exceed the principal amount of general obligation bonds being refunded) determined by the Bond Commission established pursuant to Section IX of Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04]; provided, however, that no such general obligation refunding bonds shall be issued unless (i) the present value of all debt service on such general obligation refunding bonds (computed with a discount rate equal to the true interest rate of such general obligation refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 97 percent of the present value of all debt service on the general obligation bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such general obligation bonds to be refunded) determined as if such general obligation bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance; and (ii) the average maturity of such general obligation refunding bonds, as measured from the date of issuance of such general obligation refunding bonds, shall not exceed by more than three years the average maturity of the general obligation bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of general obligation bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of general obligation bonds for which the average maturity is to be determined.

(c) The principal amount of general obligation bonds for which provision for payment has been made with proceeds of general obligation refunding bonds (including anticipated investment earnings thereon), shall not be deemed outstanding for purposes hereof.

(d) Except to the extent modified hereunder, the terms and provisions of Amendment No. 666 to the Constitution of Alabama of 1901, as amended [Section 219.04], and Amendment No. 796 to the Constitution of Alabama of 1901, as amended [Section 219.041], shall remain in full force and effect.