ALABAMA CONSTITUTION
ARTICLE IV
LEGISLATIVE DEPARTMENT
§44 | COMPOSITION OF LEGISLATURE
§45 | STYLE OF LAWS; DIVISION OF LAWS; LAWS RESTRICTED TO ONE SUBJECT; AMENDMENT OR REVIVAL OF LAWS BY TITLE ONLY
§46 | ELECTION AND TERMS OF OFFICE OF SENATORS AND REPRESENTATIVES; VACANCIES IN OFFICE
(b) Except as provided in subsection (c), when a vacancy occurs in either house of the Legislature, the Governor shall issue a writ of election to fill the vacancy for the remainder of the term. However, if the Secretary of State determines that a legally qualified candidate for election to the vacancy is unopposed when the last date for filing certificates of nomination has passed, the election shall not be held. The Secretary of State shall issue a certificate of election to the candidate, the same as if an election had been held, and the certificate shall be accepted by the house in which the vacancy occurred as evidence of the unopposed candidate's right to fill the position created by the vacancy. In the event an election is held, all the costs and expenses incurred thereby shall be paid out of any funds in the State Treasury not otherwise appropriated.
(c) When a vacancy occurs in either house of the Legislature on or after October 1 of the third year of a quadrennium, the seat shall remain vacant until a successor is elected at the next succeeding general election.
§46.01 | CONTINUITY OF LEGISLATURE IN EVENT OF ENEMY ATTACK
§47 | QUALIFICATIONS OF SENATORS AND REPRESENTATIVES
§48 | TIME AND PLACE OF MEETINGS OF LEGISLATURE; MAXIMUM LENGTH OF SESSIONS
§48.01 | TIME AND PLACE OF MEETINGS OF LEGISLATURE; BIENNIAL SESSIONS; ORGANIZATIONAL SESSIONS; ELECTION OF PRESIDENT PRO TEMPORE OF SENATE AND SPEAKER OF HOUSE OF REPRESENTATIVES; MAXIMUM LENGTH OF SESSIONS; COMPENSATION AND TRAVEL ALLOWANCES OF MEMBERS OF LEGISLATURE
(b) Beginning in the year 1976 regular sessions of the legislature shall be held annually on the first Tuesday in May, or on such other day as may be prescribed by law, and shall be limited to 30 legislative days and 105 calendar days. Special sessions of the legislature convened in the manner provided by this Constitution shall be limited to 12 legislative days and 30 calendar days.
§48.02 | ALABAMA STATE HOUSE
§49 | COMPENSATION AND EXPENSES OF MEMBERS OF LEGISLATURE
Section 1.
(b) All laws or parts of laws in conflict with this amendment are repealed, including, but not limited to: Those portions of Amendments 39, 57, and 339 of the Constitution of Alabama of 1901, relating to the compensation and expenses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.
(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:
(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.
(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.
(b) The Legislature may not increase, supplement, or otherwise enlarge the compensation or reimbursement for expenses payable to its members by this amendment.
§50 | NUMBER OF SENATORS AND REPRESENTATIVES; APPORTIONMENT OF LEGISLATORS
§51 | ELECTION OF PRESIDENT PRO TEM OF SENATE AND SPEAKER OF HOUSE OF REPRESENTATIVES; TEMPORARY PRESIDENT AND SPEAKER; OFFICERS OF EACH HOUSE; EACH HOUSE JUDGE OF ELECTION, RETURNS AND QUALIFICATIONS OF MEMBERS
§52 | QUORUM IN EACH HOUSE
§53 | RULES OF PROCEEDINGS OF BOTH HOUSES; PUNISHMENT FOR CONTEMPT OR DISORDERLY BEHAVIOR; ENFORCEMENT OF PROCESS; PROTECTION OF MEMBERS FROM VIOLENCE, BRIBES, ETC.; EXPULSION OF MEMBERS
§54 | EXPULSION FOR CORRUPTION BAR TO FURTHER SERVICE IN LEGISLATURE; PUNISHMENT FOR CONTEMPT OR DISORDERLY BEHAVIOR NOT BAR TO INDICTMENT FOR SAME OFFENSE
§55 | JOURNAL OF PROCEEDINGS OF EACH HOUSE
§56 | IMMUNITY OF LEGISLATORS
§57 | DOORS OF EACH HOUSE TO BE OPEN; EXCEPTIONS; RESTRICTIONS ON ADMITTANCE TO FLOOR
§58 | ADJOURNMENT OR CHANGE OF PLACE OF SITTING BY ONE HOUSE WITHOUT CONSENT OF OTHER HOUSE
§59 | APPOINTMENT OF LEGISLATORS TO OTHER OFFICES DURING TERMS FOR WHICH ELECTED
§60 | CONVICTION OF CERTAIN CRIMES BAR TO ELIGIBILITY FOR LEGISLATURE AND TO HOLDING STATE OFFICE OF TRUST OR PROFIT
§61 | LAWS TO BE PASSED BY BILLS; RESTRICTIONS ON AMENDMENTS TO BILLS
§62 | REFERRAL OF BILLS TO STANDING COMMITTEES
§63 | NUMBER OF READINGS FOR BILLS; RECORDATION OF VOTES ON BILLS; MAJORITY VOTE REQUIRED FOR PASSAGE OF BILLS
§64 | PROCEDURE FOR AMENDMENT OF BILLS; ADOPTION OF REPORTS OF COMMITTEES OF CONFERENCE
§65 | LOTTERIES AND GIFT ENTERPRISES PROHIBITED
§66 | SIGNATURE OF BILLS BY PRESIDING OFFICER OF EACH HOUSE; READING OF BILLS AT LENGTH MAY BE DISPENSED WITH
§67 | NUMBER, DUTIES AND COMPENSATION OF OFFICERS AND EMPLOYEES OF EACH HOUSE
§68 | EXTRA COMPENSATION NOT TO BE GRANTED PUBLIC OFFICER, EMPLOYEE, CONTRACTOR, ETC., AFTER SERVICE RENDERED OR CONTRACT MADE; INCREASE OR DECREASE OF COMPENSATION OF OFFICERS DURING TERM OF OFFICE
§68.01 | INCREASING OR DECREASING SALARIES, ETC., OF STATE AND COUNTY OFFICERS
§69 | STATIONERY, PRINTING, FUEL, ETC., TO BE FURNISHED BY LOWEST RESPONSIBLE BIDDER; CONFLICTS OF INTEREST
§70 | REVENUE BILLS TO ORIGINATE IN HOUSE OF REPRESENTATIVES; PREPARATION OF GENERAL REVENUE BILL; AMENDMENTS TO REVENUE BILLS BY SENATE; TIME LIMIT FOR PASSAGE OF REVENUE BILLS
§71 | RESTRICTIONS ON GENERAL APPROPRIATION BILL
§71.01 | PARAMOUNT DUTY OF LEGISLATURE TO MAKE BASIC APPROPRIATIONS AT REGULAR SESSIONS
“Budget Period” means a fiscal year of the state or such period other than [a] fiscal year as may hereafter be fixed by law as the period with respect to which state budgets are prepared and state appropriations are made.
(C) The duty of the legislature at any regular session to make the basic appropriations for any budget period that will commence before the first day of any succeeding regular session shall be paramount; and, accordingly, beginning with the first regular session held after January 1, 1983, no bill (other than a bill making any of the basic appropriations) shall be signed by either the presiding officer of the house or senate and transmitted to the other house until bills making the basic appropriations for the then ensuing budget period shall have been signed by the presiding officer of each house of the legislature in accordance with Section 66 of this Constitution and presented to the governor in accordance with Section 125 of this Constitution; provided, that this paragraph (C) shall not affect the adoption of resolutions or the conduct of any other legislative functions that do not require a third reading; and provided further, that following adoption, by vote of either house of not less than three-fifths of a quorum present, of a resolution declaring that the provisions of this paragraph (C) shall not be applicable in that house to a particular bill, which shall be specified in said resolution by number and title, the bill so specified may proceed to final passage therein.
(D) Upon the signing and presentation to the governor in accordance with the said Sections 66 and 125 of bills making the basic appropriations, the provisions of the foregoing paragraph (C) prohibiting the final passage of bills in the house and senate (other than bills making any part of the basic appropriations) shall cease to be effective and shall not be revived or become again effective as a result of (i) the subsequent legislative history of any bill so signed and presented, including any veto, return with executive amendment, or any other action, or failure to act, by either the governor or the legislature under the provisions of the said Section 125; or (ii) a determination, by either judicial decree or opinion of the justices of the Alabama Supreme Court, that any bill so signed and presented is wholly or in part invalid.
(E) The legislature may, by statute or rule, make such further provisions for the timely passage of bills making the basic appropriations as are not inconsistent with the provisions of this Constitution.
(F) Nothing contained herein shall be construed as requiring the legislature to make any appropriation not otherwise required by this Constitution to be made.
(G) Notwithstanding any provision of this amendment, any resolution authorizing the consideration of a bill proposing a local law adopted before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted, is ratified, approved, validated, and confirmed and the application of any such resolution is effective from the date of original adoption.
§72 | PAYMENT OF MONEY OUT OF STATE TREASURY; PUBLICATION OF ANNUAL STATEMENT OF RECEIPTS AND EXPENDITURES
§73 | APPROPRIATIONS TO CHARITABLE OR EDUCATIONAL INSTITUTIONS NOT UNDER ABSOLUTE CONTROL OF STATE
§74 | RESTRICTIONS ON INVESTMENT OF TRUST FUNDS BY EXECUTORS, TRUSTEES, ETC., IN PRIVATE CORPORATIONS
§75 | CHANGE OF VENUE IN CIVIL AND CRIMINAL CASES
§76 | RESTRICTIONS ON LEGISLATION AT SPECIAL SESSIONS
§77 | STATE OFFICE FOR INSPECTION OR MEASURING OF MERCHANDISE, COMMODITIES, ETC., PROHIBITED
§78 | LEGISLATION TO CHANGE SEAT OF GOVERNMENT OF STATE
§79 | BRIBERY - SOLICITATION, ACCEPTANCE, ETC., OF BRIBES BY LEGISLATORS
§80 | BRIBERY - OFFER, GIFT, ETC., OF MONEY, ETC., TO EXECUTIVE OR JUDICIAL OFFICERS OR MEMBERS OF LEGISLATURE TO INFLUENCE OFFICIAL ACTS
§81 | OFFENSE OF CORRUPT SOLICITATION TO BE DEFINED BY LAW
§82 | DISCLOSURE OF PERSONAL OR PRIVATE INTEREST IN BILLS, ETC., BY LEGISLATORS
§83 | VOTING IN ELECTIONS BY LEGISLATURE
§84 | ADOPTION OF LAWS TO PROVIDE FOR ARBITRATION BETWEEN PARTIES
§85 | PERIODIC REVISION AND PROMULGATION OF LAWS
§86 | SUPPRESSION OF DUELING
§87 | DEDUCTIONS FROM SALARIES OR COMPENSATION OF PUBLIC OFFICERS FOR NEGLECT OF DUTY
§88 | COUNTIES TO PROVIDE FOR MAINTENANCE OF THE POOR
§89 | MUNICIPALITIES NOT TO PASS LAWS IN CONFLICT WITH GENERAL LAWS OF STATE
§90 | ACQUISITION OF FOREIGN TERRITORY; RIGHTS AND PRIVILEGES OF INHABITANTS OF ACQUIRED TERRITORY
§91 | EXEMPTION FROM TAXATION OF STATE, COUNTY, MUNICIPAL, CEMETERY AND CERTAIN RELIGIOUS, EDUCATIONAL AND CHARITABLE PROPERTY
§92 | RULES AND REGULATIONS TO ASCERTAIN VALUE OF PROPERTY EXEMPTED FROM SALE UNDER LEGAL PROCESS
§93 | STATE NOT TO ENGAGE IN INTERNAL IMPROVEMENTS OR LENDING MONEY OR CREDIT FOR SAME; STATE INTEREST IN PRIVATE OR CORPORATE ENTERPRISES; CONSTRUCTION, MAINTENANCE, ETC., OF PUBLIC ROADS, HIGHWAYS AND BRIDGES, HARBORS AND SEAPORTS AND PUBLIC AIRPORTS AND AIR NAVIGATION FACILITIES
§93.01 | PROMOTION OF CATFISH INDUSTRY
The legislature shall provide for the collection, disbursement, distribution or expenditure of assessments or charges authorized hereunder and to provide penalties for failure to make collection and distribution of assessments. The legislature shall provide for the designation of a nonprofit association or organization for the promotion and betterment of catfish and catfish products to administer and carry out such promotional program which shall include the conducting of elections or referendums among producers of catfish. The legislature may provide the manner by which such referendum is held, including the procedure for application for approval to conduct the referendum, the appropriate action to be taken by the state board of agriculture and industries on such application, the requirements and eligibility of the association or organization which will conduct such referendum, the procedures for voting and eligibility to vote in such referendum, the details of the conduct of such referendum. The legislature shall further provide for the deposit, withdrawal, disbursement and expenditure by the designated association of any funds received subject to the supervision and control of the activities as authorized herein by the department of agriculture and industries and the state board of agriculture and industries. The legislature shall further provide a procedure whereby said association or organization is bonded, for the examination and auditing of said association or organization, and for reasonably necessary rules and regulations to be adopted by the state board of agriculture and industries to effectively carry out the intent and purposes herein enumerated. Assessments, fees or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this constitution or any provision thereof. Any uniformity requirements of this constitution shall be satisfied by the application of the program upon catfish.
§93.02 | PROMOTION OF CATTLE INDUSTRY
§93.03 | ERADICATION OR CONTROL OF THE BOLL WEEVIL IN COTTON
The legislature shall further provide for the deposit, withdrawal, disbursement and expenditure by the designated organization of any funds received, subject to the supervision and control of the activities authorized herein by the state department of agriculture and industries and the state board of agriculture and industries. Assessments, fees, or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this Constitution or any provision thereof. The legislature shall further provide a procedure for the examination and auditing of said organization and for reasonable rules and regulations to be adopted by the state board of agriculture and industries; to effectively carry out the intent and purposes herein enumerated. Any uniformity requirements of this Constitution shall be satisfied by the application of the program to eradicate or control the boll weevil in cotton.
§93.04 | PROMOTION OF GRAIN INDUSTRY
§93.05 | INDEMNIFICATION PROGRAM FOR PEANUT FARMERS
§93.06 | PROMOTION OF PRODUCTION, DISTRIBUTION, ETC., OF PEANUTS, MILK, AND COTTON
The legislature shall provide, by enabling legislation, the definition of peanut growers and producers.
Assessments, fees or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this Constitution or any provision thereof.
Any uniformity requirements of this Constitution shall be satisfied by the application of the program upon peanuts, milk, and cotton.
§93.07 | PROMOTION OF POULTRY AND POULTRY PRODUCTS
§93.08 | PROMOTION OF SOYBEAN INDUSTRY
§93.09 | PROMOTION OF PRODUCTION, DISTRIBUTION, ETC., OF SWINE AND SWINE PRODUCTS
§93.10 | ORGANIZATION AND PROMOTION OF SHEEP AND GOAT INDUSTRY
§93.11 | DRAINAGE DISTRICTS
Section 1
The legislature may form or provide for the formation of drainage districts for establishing and maintaining drainage systems; and provide for the assessment of the whole or part of the cost of such improvements against the lands and property in such district to the extent of the increased value thereof by reason of special benefits derived from such improvements and may provide for the issuance of bonds for such districts with or without an election.Section 2
This amendment shall be retroactive and retrospective and shall operate to ratify, confirm and validate the act of the legislature of Alabama, which act provided for the drainage of farm, wet, swamp and overflow lands in the state of Alabama and authorized the organization of drainage districts, conferred the right of eminent domain to the extent necessary to carry out the purpose of said act and provided for raising of revenues by bond issue or otherwise to pay the cost and expense of installing and maintaining drainage systems so as to promote the public health and general welfare and, which act was approved March 4, 1915; and this amendment shall operate to confirm and validate all corporate organizations under authority of such law, all procedure had, all acts done, all bonds issued, contracts entered into and assessments made by such corporations under authority of such law.§93.12 | PUBLIC HOSPITALS AND HEALTH FACILITIES
§93.13 | DEVELOPMENT OF IRRIGATION DISTRICTS
§93.14 | SOIL AND WATER CONSERVATION COMMISSION
§93.15 | DEVELOPMENT OF BEAR CREEK WATERSHED AREA
§93.16 | WATER MANAGEMENT DISTRICTS
Section 1
The legislature may provide for the formation of water management districts for the establishment of works of improvement for the drainage of wet, swamp, and overflowed lands of the state, and for flood prevention or the conservation, development, utilization, and disposal of water within the state; confer the right of eminent domain for such purposes, provide for the taxing of the whole or part of the cost of such improvements against the lands and property in such district to the extent of the increased value thereof by reason of special benefits derived from such improvements; and provide for the issuance of bonds for such districts with or without an election; provided, however, that nothing herein shall authorize any such water management districts to engage in or finance, directly or indirectly, the production, transmission or sale of electric power.Section 2
The provisions of this amendment are cumulative and shall not be construed to repeal amendment XV [Baldwin County § 2-11.00 and Mobile County § 49-11.00] or [Section 93.11].§93.17 | ORGANIZATION AND PROMOTION OF SHRIMP AND SEAFOOD INDUSTRY
The Legislature shall provide for the collection, disbursement, distribution, or expenditure of assessments or charges authorized hereunder and provide penalties for failure to make collection and distribution of assessments. The Legislature shall provide for the designation of a nonprofit association or organization for the promotion and betterment of shrimp and seafood products to administer and carry out such promotional program which shall include the conducting of elections or referendums among producers of shrimp and seafood. The Legislature may provide the manner by which the referendum is held, including the procedure for application for approval to conduct the referendum, the appropriate action to be taken by the State Board of Agriculture and Industries on an application, and the requirements and eligibility of the association or organization which will conduct the referendum. The Legislature shall further provide for the deposit, withdrawal, disbursement, and expenditure by the designated association of any funds received subject to the supervision and control of the activities as authorized herein by the Department of Agriculture and Industries and the State Board of Agriculture and Industries. The Legislature shall further provide a procedure whereby the association or organization is bonded, for the examination and auditing of the association or organization, and for reasonably necessary rules and regulations to be adopted by the State Board of Agriculture and Industries to effectively carry out the intent and purposes herein enumerated. Assessments, fees, or other charges collected as authorized by any legislative act adopted under authority hereof shall not be considered as a tax within the meaning of this constitution and shall be satisfied by the application of the program upon shrimp or seafood.
§93.18 | GRANT OF CERTAIN MONIES TO PUBLIC OR PRIVATE ENTITIES FOR BROADBAND INFRASTRUCTURE
§94 | POLITICAL SUBDIVISIONS NOT TO GRANT PUBLIC MONEY OR LEND CREDIT TO INDIVIDUALS OR CORPORATIONS; ALIENATION OF RECREATIONAL FACILITIES AND HOUSING PROJECTS BY POLITICAL SUBDIVISIONS AND PUBLIC BODIES; EXPENDITURES BY LOCAL SCHOOL BOARDS OF EDUCATION FOR RECOGNITION OF CONTRIBUTIONS TO PUBLIC EDUCATION
(b) Notwithstanding the provisions of subsection (a), local school boards of education may expend public funds for the recognition of significant contributions to education in Alabama and to promote educational excellence by students, faculty, staff, and the public. Recognitions shall be in the form of trophies, plaques, academic banquets, and other honors that promote academic excellence in the public schools of Alabama and recognize special deeds that strengthen public education in Alabama.
§94.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT BY COUNTY COMMISSION
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any real property, buildings, plants, factories, facilities, machinery, and equipment of any kind or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority created by the county or the municipality before or after adoption of this amendment, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to, or grant public funds and things of value in aid of, or to, any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of the county or the municipality.
(4) Become indebted and issue bonds, warrants, notes, or other obligations, or evidences of indebtedness to an aggregate outstanding principal amount not exceeding an amount equal to 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1), or to be used in furtherance of any of the other powers or authorities granted in this amendment. The obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any municipality or may be limited as to the source of their payment.
(c) In carrying out the purpose of this amendment, a county or a municipality shall not be subject to Section 93 or 94 of this Constitution, nor shall a county or municipality be required to comply with the provisions of Section 222 of this Constitution unless issuing general obligation bond instruments establishing a requirement for repayment. Each public corporation created by the county or by any municipality located therein on or before the adoption of this amendment, including specifically any industrial development board incorporated under Article 4 of Chapter 54 of Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A of Title 11 of the Code of Alabama 1975, and the Shoals Economic Development Authority enacted under Act No. 95-512, 1995 Regular Session, are validated and the powers granted to the board or authority under its respective enabling legislation are validated, notwithstanding any other provision of law or of this Constitution. The powers granted by this amendment may be exercised as an exclusive alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by this Constitution or any law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
(d) Neither the county nor any municipality located therein shall lend its credit to, or grant any public funds or thing of value to, or in aid of, any private entity under the authority of this amendment unless prior to doing so, both of the following are satisfied:
(2) At least seven days prior to the public meeting, a notice is published in a newspaper in circulation in the county or municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by the action, and identifying each individual, firm, corporation, or other business entity to whom, or for whose benefit, the county or the municipality proposes to lend its credit or grant public funds or thing of value.
(f) Nothing in this amendment shall authorize the county commission to own or operate a cable television system.
(g) Any action taken, or agreement made, under Amendment 772 by any county or municipality prior to the date this amendment is ratified and confirmed in all respects as of that date, except to the extent that its validity is being challenged in appropriate judicial proceedings in any court of competent jurisdiction on the date this amendment is ratified. These amendatory provisions shall have prospective application only. Any local constitutional amendments previously adopted and any local law enacted pursuant to such amendment shall remain in full force and effect.
§94.02 | TAX INCREMENT DISTRICTS IN COUNTIES AND MUNICIPALITIES
§95 | IMPAIRING OBLIGATION OF CONTRACTS; REVIVAL OF BARRED RIGHTS OR REMEDIES; REMOVAL OF CAUSE OF ACTION OR DEFENSE TO SUIT AFTER COMMENCEMENT OF SUIT
§96 | UNIFORMITY OF LAWS REGULATING COURT COSTS AND CHARGES AND FEES, COMMISSIONS AND ALLOWANCES OF PUBLIC OFFICERS
§96.01 | SALARIES, FEES, ETC., OF COUNTY OFFICIALS CHARGED WITH ASSESSING AND COLLECTING AD VALOREM TAXES; ABOLISHMENT, COMBINATION OR ALTERATION OF OFFICES OF TAX ASSESSOR, TAX COLLECTOR OR LICENSE COMMISSIONER
In the event this amendment is approved and subsequently ratified by the qualified electors of this state who vote thereon when it is submitted, then any law theretofore passed by the legislature addressing the subject matter covered by this amendment shall become effective according to the provisions of said law.
§97 | PAYMENT OF SALARY OF DECEASED OFFICER AFTER DATE OF DEATH
§98 | PAYMENTS OR GRANTS TO RETIRING OFFICERS
§99 | RESTRICTIONS ON DONATION OR SALE OF STATE LANDS TO PRIVATE CORPORATIONS OR INDIVIDUALS; GRANT OF EASEMENTS TO RAILROAD, TELEPHONE AND TELEGRAPH COMPANIES
§100 | OBLIGATIONS AND LIABILITIES OF CORPORATIONS, ETC., HELD OR OWNED BY STATE, COUNTIES OR MUNICIPALITIES
§101 | LOBBYING IN LEGISLATURE BY STATE OR COUNTY OFFICIALS
§103 | REGULATION, ETC., OF COMMON CARRIERS, PARTNERSHIPS, ASSOCIATIONS, TRUSTS, MONOPOLIES AND COMBINATIONS OF CAPITAL
§104 | SPECIAL, PRIVATE OR LOCAL LAWS - PROHIBITED IN CERTAIN CASES
(2) Relieving any minor of the disabilities of nonage;
(3) Changing the name of any corporation, association, or individual;
(4) Providing for the adoption or legitimizing of any child;
(5) Incorporating a city, town, or village;
(6) Granting a charter to any corporation, association, or individual;
(7) Establishing rules of descent or distribution;
(8) Regulating the time within which a civil or criminal action may be begun;
(9) Exempting any individual, private corporation, or association from the operation of any general law;
(10) Providing for the sale of the property of any individual or estate;
(11) Changing or locating a county seat;
(12) Providing for a change of venue in any case;
(13) Regulating the rate of interest;
(14) Fixing the punishment of crime;
(15) Regulating either the assessment or collection of taxes, except in connection with the readjustment, renewal, or extension of existing municipal indebtedness created prior to the ratification of the Constitution of eighteen hundred and seventy-five;
(16) Giving effect to an invalid will, deed, or other instrument;
(17) Authorizing any county, city, town, village, district, or other political subdivision of a county, to issue bonds or other securities unless the issuance of said bonds or other securities shall have been authorized before the enactment of such local or special law, by a vote of the duly qualified electors of such county, township, city, town, village, district, or other political subdivision of a county, at an election held for such purpose, in the manner that may be prescribed by law; provided, the legislature may, without such election, pass special laws to refund bonds issued before the date of the ratification of this Constitution;
(18) Amending, confirming, or extending the charter of any private or municipal corporation, or remitting the forfeiture thereof; provided, this shall not prohibit the legislature from altering or rearranging the boundaries of the city, town, or village;
(19) Creating, extending, or impairing any lien;
(20) Chartering or licensing any ferry, road, or bridge;
(21) Increasing the jurisdiction and fees of justices of the peace or the fees of constables;
(22) Establishing separate school districts;
(23) Establishing separate stock districts;
(24) Creating, increasing, or decreasing fees, percentages, or allowances of public officers;
(25) Exempting property from taxation or from levy or sale;
(26) Exempting any person from jury, road, or other civil duty;
(27) Donating any lands owned by or under control of the state to any person or corporation;
(28) Remitting fines, penalties, or forfeitures;
(29) Providing for the conduct of elections or designating places of voting, or changing the boundaries of wards, precincts, or districts, except in the event of the organization of new counties, or the changing of the lines of old counties;
(30) Restoring the right to vote to persons convicted of infamous crimes, or crimes involving moral turpitude;
(31) Declaring who shall be liners between precincts or between counties. The legislature shall pass general laws for the cases enumerated in this section, provided that nothing in this section or article shall affect the right of the legislature to enact local laws regulating or prohibiting the liquor traffic; but no such local law shall be enacted unless notice shall have been given as required in section 106 of this Constitution.
§104.01 | ELECTION OF CITY BOARDS OF EDUCATION - POPULATION 125,000 OR LESS
If a majority of the qualified electors voting in an authorizing referendum election called in either of the preceding manners vote in favor of an elected city board of education, the Legislature, from time to time, by local law may provide for the election of a city board of education in that municipality. Such local law or laws may include, but are not limited to, providing for termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; and compensation.
Any general law, municipal classification law, or local law providing for or authorizing an elected city board of education in any municipality enacted within the last 1,095 days prior to the ratification date of this amendment is validated and confirmed. Any local referendum conducted pursuant to such general law, municipal classification law, or local law, or any combination of such laws, in which a majority of the qualified electors of the municipality voting voted in favor of an elected city board of education, is also validated and confirmed and that local referendum is considered as an authorizing referendum election for purposes of this amendment.
Notwithstanding Acts 97-679 and 97-616 of the 1997 Regular Session, initial elections for the members of the Tuscaloosa City Board of Education shall occur at the regularly scheduled municipal elections in the year 2001. Public hearings shall be held by the legislative delegation and amendments may be prepared and enacted by the Legislature which are deemed necessary and appropriate by the local delegation for any local legislation, including Acts 97-679 and 97-616 of the 1997 Regular Session, which are validated and confirmed by this amendment.
The results of any authorizing referendum election called pursuant to this amendment shall be reported to the State Board of Education which shall maintain a continuing record of those results for public inspection.
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.
Notwithstanding the foregoing, this proposed amendment shall not apply to any municipality with a population exceeding 125,000 according to the most recent federal census.
§104.02 | ELECTION OF CITY BOARDS OF EDUCATION - POPULATION EXCEEDING 125,000
II. This amendment shall apply to a municipality with a population exceeding 125,000 if, at the time this amendment is submitted to a statewide vote, a majority of the qualified electors voting on the amendment in the respective municipality vote in favor of the amendment.
III. Upon the application of this amendment to a respective municipality, either at the time of the ratification of this amendment or at a later time, the Legislature shall, by local law, provide for the dissolution of any existing nonelected city board of education in an applicable municipality and for the date the elected city board of education shall be constituted. The existing city board of education shall continue to function until the date of dissolution. Additionally, the Legislature, by local law, may provide for the termination of the terms of office of members of an existing city board of education; the composition of the elected city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; and compensation.
IV. If a municipality comes within the application of this constitutional amendment after the date of ratification of this constitutional amendment, the provisions of this constitutional amendment shall only apply to that municipality if such provisions are approved by a majority vote of the qualified electors of the municipality voting at a special referendum called and conducted pursuant to local law, adopted from time to time by the Legislature.
§105 | SPECIAL, PRIVATE OR LOCAL LAWS - PROHIBITED IN CASES PROVIDED FOR BY GENERAL LAW; EXCEPTION AS TO TIME OF HOLDING COURTS; PARTIAL REPEAL OF GENERAL LAWS
§106 | SPECIAL, PRIVATE OR LOCAL LAWS - PUBLICATION OR POSTING OF NOTICE OF INTENT TO APPLY THEREFOR WITHIN COUNTY OR COUNTIES AFFECTED PRIOR TO INTRODUCTION OF BILL
This amendment shall be self-executing, and no enabling legislation shall be necessary.
§106.01 | VALIDATION OF CERTAIN POPULATION BASED ACTS AND METHOD FOR AMENDMENT THEREOF
All such population based acts shall forever apply only to the county or counties or municipality or municipalities to which they applied on January 13, 1978, and no other, despite changes in population.
The population based acts referred to above shall only be amended by acts which are properly advertised and passed by the legislature in accordance with the provisions of this Constitution.
§107 | SPECIAL, PRIVATE OR LOCAL LAWS - NOTICE REQUIRED BY SECTION 106 PREREQUISITE TO REPEAL OR AMENDMENT
§108 | SUSPENSION OF GENERAL LAWS FOR BENEFIT OF INDIVIDUALS OR PRIVATE CORPORATIONS; EXEMPTION OF INDIVIDUALS OR PRIVATE CORPORATIONS FROM OPERATION OF GENERAL LAWS
§109 | GENERAL LAWS FOR PROTECTION OF LOCAL AND PRIVATE INTERESTS
§110 | GENERAL LAW, "LOCAL LAW" AND "SPECIAL LAW" DEFINED
No general law which at the time of its enactment applies to only one municipality of the state shall be enacted, unless notice of the intention to apply therefor shall have been given and shown as provided in Section 106 of this Constitution for special, private or local laws; provided, that such notice shall not be deemed to constitute such law a local law.
A special or private law is one which applies to an individual, association or corporation. A local law is a law which is not a general law or a special or private law.
Act No. 79-263 (House Bill No. 68) entitled “An Act to establish eight classes of municipalities, by population, based on the 1970 Federal decennial census” approved June 28, 1979, and each and every Act of the legislature thereafter enacted referred or relating to a class of municipalities as established in said Act No. 79-263 are hereby in all things ratified, approved, validated and confirmed as of the date of their enactment, any provision or provisions of the Constitution of Alabama, as amended, to the contrary notwithstanding.
§111 | AMENDMENT OF BILL INTRODUCED AS GENERAL LAW SO AS TO BECOME SPECIAL, PRIVATE OR LOCAL LAW ON PASSAGE
§111.01 | LAWS PLACING RESPONSIBILITY FOR COUNTY ROADS IN STATE HIGHWAY DEPARTMENT
§111.02 | TERMINATION OF ALIMONY UPON REMARRIAGE OR COHABITATION OF SPOUSE
§111.03 | EFFECTIVENESS OF LAWS PROVIDING FOR EXPENDITURE OF COUNTY FUNDS
(2) such law (or other law or laws which specifically refer to such law) provides the respective county governing bodies with new or additional revenues sufficient to fund such new or increased expenditures.
§111.04 | EFFECTIVENESS OF LAWS PROVIDING FOR EXPENDITURE OF MUNICIPAL FUNDS
(2) Such law (or other law or laws which specifically refer to such law) provides the respective municipal governing bodies with new or additional revenues sufficient to fund such new or increased expenditures.
§111.05 | EFFECTIVENESS OF UNFUNDED MANDATES FOR MUNICIPALITIES, ETC
(b) This amendment shall not apply to:
(2) An act defining a new crime or amending the definition of an existing crime.
(3) An act, statute, executive order enacted, promulgated, or adopted and effective prior to January 6, 1999, which by its provisions requires expenditures by the county or municipality at any time after that date.
(4) An act enacted, or state executive order promulgated or adopted to comply with a federal mandate, only to the extent of the federal mandate.
(5) An act adopted or enacted by two-thirds of those voting in each house of the Legislature and any rule or regulation adopted to implement that act or adopted pursuant thereto.
(6) An act determined by the Legislative Fiscal Office to have an aggregate insignificant fiscal impact on affected municipalities, counties, instrumentalities, or boards. For purposes of this subsection, the phrase “aggregate insignificant fiscal impact” shall mean any impact less than $50,000 annually.
(7) An act of general application prescribing the minimum compensation for public officials.
(8) An act, statute, administrative rule, or other provision or portion thereof addressing compensation, benefits, or due process of any employee of a board education.
§111.06 | EXPENDITURE OF FEES OR TAXES RELATING TO USE, ETC., OF VEHICLES AND TO FUELS USED FOR VEHICLES
§111.07 | MAXIMUM AGE LIMITATIONS ON CERTAIN APPOINTED OR ELECTED OFFICIALS PROHIBITED
2. The Legislature may not enact any law imposing a maximum age restriction for the appointment, election, or service of any appointed or elected official.
§111.08 | IMPLEMENTATION DATE OF LAWS PROVIDING FOR CONDUCT OF THE GENERAL ELECTION
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