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All We
st
Alabama
Thursday, November 3,
2016 Page 6
Notwithstanding, in the event favor of the proposed amend-
that guest revenues to the State ment, that house shall likewise
Parks Revolving Fund exceed immediately proceed to consider
the threshold of $50 million (as a resolution of local application
annually adjusted based on in- as provided in subdivision (2).
creases in the consumer price
index) in a fiscal year, the sales In the event that both houses of
and use and cigarette tax revenue the Legislature approve the
distributed to benefit the State amendment by at least a three-
Parks System shall be reduced in fifths vote of their elected mem-
the following fiscal year. The bers and also determine by vote
amount of the reduction shall without dissent that the proposed
correspond to the amount of amendment affects or applies to
guest revenue to the State Parks only one county or a political
Revolving Fund exceeding the subdivision within one or more
threshold. The amount of tax counties, the proposed amend-
revenue not distributed to benefit ment shall be placed on the bal,
the State Parks System shall be lot only in the county or political
distributed to the General Fund. subdivision and county or coun-
ties affected.
Proposing an amendment to
Amendment 617 of the Constitu- (c) If after having been approved
tion of Alabama of 1901, to by at least a three-fifths vote of
allow the Department of Conser- the elected members of either
vation and Natural Resources the house of the Legislature, there is
option to provide for the opera- at least one dissenting vote east
tion and management, by non- on the resolution in either house
state entities, of hotels, golf on the question of whether the
courses, and restaurants at any proposed amendment affects or
applicable state parks in Ala- applies to only one county or
bama. only to a political subdivision
within one or more counties, the
"Proposed by Act " proposed amendment shall auto-
matically be submitted in a
This description shall be fol- statewide referendum in accor-
lowed by the following lan- dance with the procedures for
guage: proposed statewide constitu-
tional amendments under Sec-
"Yes ( ) No ()." tions 284 and 285 of the
Constitution of Alabama of
1901. If the proposed amend-
SB30 ment is submitted in a statewide
referendum, it shall not become
ENROLLED, An Act effective unless approved by a
To repeal Amendments 425 and majority of the qualified voters
555 to the Constitution of Ala- voting on the amendment
hama of 1901, now appearing as statewide and a majority of the
Section 284.01 of the Official voters of any county or political
Recompilation of the Constitu- subdivision named in the resolu-
tion of Alabama of 1901, as tion voting on the amendment.
amended, relating to local consti-
tutional amendments, and to a (d) Notice of the election, to-
new add Section 284.01 to Arti- gether with the proposed amend-
tie XVIH of the Constitution of merit, shall be given by
Alabama of 1901, providing for proclamation of the Governor•
Iocal constitutionalamendments, which proclamation shall be
published once a week for four
cedures relating to county per-
sonnel• including~
to: Establishment of a county
personnel system; the provision
of employee benefits; allowing a
deputy to be given his or her
badge and pistol upon retire-
ment; creating employee incen-
tive programs related to matters
such as attendance, performance,
and safety; creating incentive
programs related to the retire-
ment of county employees; and
creating employee recognition
and appreciation programs.
(2) Community programs to pro-
vide for otom, ~ road-
ways and public facilities and
public property
..:~: .... £--..__ A^-- ......... :--^I^
.... 1---- I ....... #k .... : ......#
-.^..
th~r....¢ ..... : .I ^ .I ...... k ...^
...... • V ......... v ..... V.~,
and subject
to any limitations in general law.
programs related to control of
animals and animal nuisances.
provided no pro trams shall: a.
lesult in the destruction of an an-
imal unless required by the pub-
lic health laws of the state: or b.
rela~ to or restrict the use of an-
imals for hunting purposes or the
use of animals being raised for
sale or kept for breeding, food or
fiber production purposes, or
otherwise dsed in connection
with farming, poultry and egg,
dairy, livestock, and other agri-
cultural or farming operations.
x~./ ~, .vt::r. ..............
'2=-.2tc~ :c, F:M"c ......... :^-
r* "e, ...... r--'e, ..... ~=" =-:
(3) Procures related to public
tl~apsportation and pro~ams to
promote and encourage safety_
when using public roads and
rights-of-way, provided the pro-
re'ares do not in any way conflict
with general law.
BE IT ENACTED BY THE successive weeks next preceding
LEGISLATURE OF ALA- the day appointed for the elec- (4) Programs related to county
BAMA: lion in each newspaper qualified offices, inchiding~
to run legal notices in the county ~, one-stop tag programs; com-
Section 1. The following amend- or counties affected, missaries for inmates at the
ment to the Constitution of Ala- county jail; disposal of un-
bama of 1901, as amended, is Section 2. An election upon the claimed personal property in the
proposed and shall become valid proposed amendment shall be custody of the county; manage-
as a part thereof when approved held in accordance with Sections ment of the county highway de-
by a majority of the qualified 284 and 285 of the Constitution partment; automation of county
electors voting thereon and in ac- of Alabama of 1901, now up- activities; and establishment of
cordanee with Sections 284,285, pearing as Sections 284 and 285 unit or districtsystems for the
and 287 of the Constitution of of the Official Recompilation of maintenance of county roads and
Alabama of 1901, as amended: the Constitution of Alabama of bridges. Programs involving the
PROPOSED AMENDMENT 1901, as amended, and the elec- operation of the office of an
tion laws of this state, elected county official may only
be established pursuant to this
!. Amendments 425 and 555 to subdivision with the written con-
the CotLstithtio0 of A. !abi~ma of. Section 3. The appropriate elec-
1901 ~ate'r¢~aled; '~:~ :, ? sent and cooperation of the
.... 5 ::~:~ ~:~= ..'=~=~ o~ ~:~ number f0r~e prolaosedlc0nsti-' ~ ofl~rial,oharged;by::haw~
II. Section 284.01is added to the tutfonal ameniJihe~n~tn ~e e[e~- with the responsibility for the ad-:
Constitution of Alabama of tion ballot and shall set forth the ministration of the office.
1901, to read as follows: following description of the sub-
stance or subject matter of the (5) Emergency assistance pro-
Section 284.01. (a) The Legisla- proposed constitutional amend- grams, inchiding~
ment: ~ programs related to ambu-
lure shall determine whether a lance service and programs to
proposed constitutional amend-
ment affects or applies to only "Proposing an amendment to the improve county emergency man-
one county or a political subdivi- Constitution of Alabama of agement services.
sion within one or more counties 1901, to revise the procedure for
under the procedures set out adoption of local constitutional (c) Nothing in this amendment
herein. If the Legislature deter- amendments to provide that a may be construed to provide a
proposed constitutional amend- county commission any author-
mines that a proposed constitu- merit the Legislature determines ity to levy or assess a tax or fee
tional amendment affects or
applies to only one county or a without a dissenting vote applies or to increase the rate of any tax
political subdivision within one to only one county or a political or fee previously established, or
or more counties, the amend- subdivision within one or more to establish any program that
ment may be adopted as a valid counties shall he adopted as a would infringe on a citizen's
part of the constitution only by a valid part of the constitution by rights with respect to the use of
favorable vote of a majority of a favorable vote of a majority of his or her private property or in-
the qualified electors of the af- the qualified electors of the af- fringe on a right of a business en-
fected county or the political tity with respect to its private
fected county or, if applicable,
the political subdivision and the subdivision and county or coma- property. Except as authorized in
county or counties in which the ties in which the political subdi, subdivision (4) of suhsection (b),
vision is located, who vote on the nothing in this amendment shall
political subdivision is located, amendment, authorize the county commission
who vote on the amendment as
provided in subsections (b) and to limit, alter, or otherwise ira-
(c). If the Legislature fails to de- "Proposed by Act ." pact the constitutional, statutory,
termine that a proposed constitu- or administrative duties• powers,
tional amendment affects or This description shall be fol- or responsibilities of any other
applies to only one county or a lowed by the following Inn- elected officials or to establish,
political subdivision within one guage: increase, or decrease any tom-
or more counties pursuant to the pensation~ or ex-
procedures set out in subsection "Yes ( ) No ( )." pence allowance for any elected
(b), the amendment may be officials of the county.
adopted as a valid part of the HB193 (d) Any programs, policies, or
constitution only by a favorable
procedures proposed for adop-
vote of a majority of the quali- ENROLLED, An Act, tion by the county commission
fled electors who vote on the
amendment in a statewide refer- pursuant to the authority granted
endure, as provided in subsection To propose an amendment to the under subsection (a) shall only
(d), and a majority of the quail- Constitution of Alabama of be voted on at a regular meeting
fled voters of the affected county 1901, that would permit each of the county commission. Prior
or counties voting on the amend- county commission in the state to the adoption of the programs,
ments, as provided in subsection to establish certain programs re- policies, and procedures, the
(d). lating to the administration of county commission shall provide
notice of its intention to consider
county affairs and with regard to
(b) To determine whether a pro- certain specified county pro- the matter by announcing at a
posed amendment shall be grams or activities, regular county commission
placed on the ballot in only one meeting that the matter will be
county or a political subdivision BE IT ENACTED BY THE on the agenda at the next regular
within one or more counties and LEGISLATURE OF ALA- meeting of the county commis-
the affected county or counties, BAMA: sion and that any members of the
public desiring to be heard on the
as provided in subsection (a), the
proposed amendment shall be Section 1. The following amend- matter will be granted that op-
approved by each house of the merit to the Constitution of Ala- portunity at the meeting where
bama of 1901, is proposed and the matter will be considered.
Legislature under the following shall become valid as a part of Notice of the meeting at which
process: the Constitution when all re- the matter will be considered by
quirements of this act are ful- the county commission shall be
(1) The proposed amendment filled: given in compliance with the no-
must first be approved, if at all, tice requirements for county
by at least three-f'tflhs of all the PROPOSED AMENDMENT commissions provided in the
members elected to the house in general law. Nothing herein shall
which it originates. (a) Except where otherwise pro- authorize a corm .ty commission
vided for or specifically prohib- to su_oersede, amend, or re_nel an
(2) Immediately following ap- ited by the constitution or by existing local law.
proval under subdivision (1), the general or local law and subject
house shall consider a resolution to the limitations set forth herein, (e) The provisions of this amend-
of local application declaring the county commission of each ment shall not apply to Jefferson
that the proposed amendment af- county in this state may exercise
fects or applies to only one those powers necessary to pro-
county or a political subdivision vide for the administration of the
within one or more counties affairs of the county through the Section 2. An election upon the
specifying by proper name the programs, policies, and proce- proposed amendment shall be
held in accordance with Sections
county or the political subdivi- dures described in subsection
sion and the county or counties (b), subject to the limitations set 284 and 285 of the Constitution
of Alabama of 1901, now up-
within which the political subdi- forth in subsection (c). pearing as Sections 284 and 285
vision is located, of the Official Recompilation of
(b) Subject to the limitations of the Constitution of Alabama of
(3) The proposed amendment subsections (a) and (c), each 1901, as amended, and the elec~
shall then be sent to the other county commission in the state tion laws of this state.
house for consideration and, if at may establish:
least three-fifths of all the mem- Section 3. The appropriate elec-
bets elected to that house vote in (1) Programs, policies, and pro- tion official shall assign a ballot
number for the proposed consti-
tutional amendment on the elec-
tion ballot and shall set forth the
following description of the sub-
stance or subject matter of the
proposed constitutional amend-
ment:
"Proposing an amendment to the
Constitution of Alabama of
1901, to authorize each county
commission in the state to estab-
fish, subject to certain limita-
tions, certain programs related to
the administration of the affairs
of the county.
"Proposed by Act __
This description shall be
lowed by the following
guage:
"Yes ( ) No ( )."
SB25
~,AnAct
To propose an amendment to the
Constitution of Alabama of
1901, as amended, to repeal Ar-
ticle Ill and Amendment 582 of
the Constitution of Alabama of
1901, and add Article III to the
Constitution of Alabama of
1901, relating to the separation
of powers.
BE IT ENACTED BY THE
LEGISLATURE OF ALA-
BAMA:
Section 1. The following amend-
ment to the Constitution of Ala-
bama of 1901, as amended, is
proposed and shall become valid
as a part thereof when approved
by a majority of the qualified
electors voting thereon and in ac-
cordance with Sections 284,285,
and 287 of the Constitution of
Alabama of 1901, as amended:
PROPOSED AMENDMENT
I. Article Ill of the Constitution
of Alabama of 1901, and
Amendment 582 of the Constitu-
tion of Alabama of 1901, are re-
pealed.
II. Akicle Ill is added to the Con-
stitution of Alabama of 1901, to
read as follows:
Article III. SEPARATION OF
POWERS.
Section 42. (a) The powers of the
government of the State of Ala-
bama are legislative, executive,
and judicial.
(b)'~Tl~ gty~tit'tfthe .SI~
of Aiab~'a;~/l[~ d'/vla~[ ~!p"
three disti ic't br 5 s lek't r£
five, executive, and judicial.
(c) To the end that the govern-
ment of the State of Alabama
may be a government of laws
and not of individuals, and ex-
cept as expressly directed or per-
mitted in this constitution, the
legislative branch may not exer-
cise the executive or judicial
power, the executive branch may
not exercise the legislative or ju-
dicial power, and the judicial
branch may not exercise the leg-
islative or executive power.
Section 43. No order of a state
court which requires disburse-
ment of state funds shall be bind-
hag on the state or any state
official until the order has been
approved by a simple majority of
both houses of the Legislature.
This section shall not apply to or-
ders, judgments, or decrees re-
quiring payment of
compensation for the taking of
property by eminent domain or
arising out of challenges to taxa-
tion or to su¢,h other orders,judg-
ments, or :ecrees as may be
otherwise r~ quired by statute, or
settled principles of Alabama
common law as decided by the
Alabama appellate courts, not in-
consistent with other provisions
of this Constitution. Nothing
herein shall be construed to pre-
clude a court from making find-
ings of fact or conclusions of law
and orders relating thereto, that
standards required by the United
States Constitution, the Constitu-
tion of Alabama of 1901, laws of
this state or of the United States,
or rules or regulations promul-
gated pursuant thereto, are not
being met, and from ordering the
responsible entity or entities to
comply with such standards.
Section 2. This amendment shall
become operative January 1,
2017.
Section 3. An election upon the
proposed amendment shall be
held in accordance with Sections
284 and 285 of the Constitution
of Alabama of 1901, now ap-
pearing as Sections 284 and 285
of the Official Recompilation of
the Constitution of Alabama of
1901, as amended, and the elec-
tion laws of this state.
Section 4. The appropriate elec-
tion official shall assign a ballot
number for the proposed consti-
tutional amendment on the elec-
tion ballot and shall set forth the
following description of the sub-
stance or subject matter of the
proposed constitutional amend-
ment:
"Proposing an amendment to the
Constitution of Alabama of
1901, to repeal and restate the
provisions of Article llI of the
Constitution of Alabama of 1901
relating to separation of powers
to modernize the language with-
out making any substantive
change, effective January 1,
2017.
"Proposed by Act 7
This description shall be fol-
lowed by the following lan-
guage:
"Yes ( ) No ( )."
HB336
ENROLLED, An Act,
To repeal existing Article VII of
"" the Constitution of Alabama of
1901, relating to impeachments,
fol- and to add a new Article VII, re-
lan- luting to impeachments.
BE IT ENACTED BY THE
LEGISLATURE OF ALA-
BAMA:
Section 1. The following amend-
ment to the Constitution of Ala-
bama of 1901, as amended, is
proposed and shall become valid
as a part thereof when approved
by a majority of the qualified
electors voting thereon and in ac-
cordance with Sections 284,285,
and 287 of the Constitution of
Alabama of 1901, as amended:
PROPOSED AMENDMENT
I. Article VII of the Constitution
of Alabama of 1901, is repealed.
ified in Section 173 or elsewhere
in this constitution, by the
supreme court, or under such
regulations as may be prescribed
by rule of the Supreme Court of
Alabama or law. The Legislature
may provide for the imPeach-
ment or removal of other officers
than those named in this article.
Section 175.
A county officer and officer of an
incorporated city or town may be
tried for impeachment for any of
the causes specified in Section
173 and upon conviction be re-
moved from office by a court
having jurisdiction to try felony
cases in the county or circuit in
which the officer holds his or her
office. The Legislature shall pro-
vide by law the method of pro-
ceeding under this section,
provided the right to trial by jury
and appeal in such cases shall be
seemed.
Section 176.
The penalties in cases arising
under this article does not extend
beyond removal from off'lee, and
disqualifications from holding
office, under the authority of this
state, for the term for which the
officer was elected or appointed;
but the accused shall be liable to
indictment and punishment as
prescribed by law.
Ill. This amendment shall be-
II. Article VII is added to the
come operative on January 1,
Constitution of Alabama of 2017.
1901, to read as follows:
Article VII. Impeachments.
Section 173.
(a) The Governor, Lieutenant
Governor, Attorney General,
State Auditor, Secretary of State,
State Treasurer, members of the
State Board of Education, Com-
missioner of Agriculture and In-
dustries, and justices of the
supreme court may be removed
from office for willful neglect of
duty, corruption in office, incom-
petency, or intemperance in the
use of intoxicating liquors or nar-
cotics to such an extent, in view
of the dignity of the office and
importance of its duties, as unfits
the officer for the discharge of
such duties for any offense in-
volving moral turpitude while in
office, or committed under color
thereof, or connected therewith.
(b) The House of Representa-
tives shall present articles or
charges of impeachment against
those l~_rsons identified in sub-
secaon ~a~;sL~/'~m~ the c~u~.
t6the'Se~er.~ :' ":-~' ~"r't ~, ~ '~:' ~"
.................... i?J:, ;i'i[ i;} f *-,:"
(c) The Senate, sitting as a court
of impeachment, shall take testi-
mony under oath on articles or
charges preferred by the House
of Representatives.
(d) The Lieutenant Governor
shall preside over the Senate
when sitting as a court of im-
peachment, provided, however•
that if the Governor or Lieu-
tenant Governor is impeached,
the Chief Justice, or if the Chief
Justice be absent or disqualified,
then one of the associate justices
of the supreme court, to be se-
lected by the court, shall preside
over the Senate when sitting as a
court of impeachment. No per-
son may be convicted by the
Senate sitting as a court of im-
peachment without the concur-
rence of two-thirds of the
members present.
(e) If at any time when the Leg-
islature is not in session, a major-
ity of all the members elected to
the House of Representatives
shall certify in writing to the Sec-
retary of State their desire to
meet to consider the imPeach-
ment of the Governor, Lieu-
tenant Governor, or other officer
administering the office of Gov-
ernor, it shall be the duty of the
Secretary of State immediately
to notify the Speaker of the
House who, within 10 days after
receipt of the notice, shall sum-
mon the members of the House
to assemble at the capitol on a
day to be fixed by the SPeaker,
but not later than 15 days after
receipt of the notice by the
Speaker from the Secretary of
State, to consider the impeach-
ment of the Governor, Lieu-
tenant Governor, or other officer
administering the office of Gov-
ernor.
(f) If the House of Representa-
fives prefers articles of impeach-
ment, the Speaker of the House
shall forthwith notify the Lieu-
tenant Governor, unless he or she
is the officer impeached, in
which event the President Pro
Tempore of the Senate shall be
notified, who shall summon the
members of the Senate to assem-
ble at the capitol on a specified
day not later than 10 days after
receipt of the notice from the
Speaker of the House• for the
purpose of hearing and trying the
articles of impeachment against
the Governor, Lieutenant Gover-
nor, or other officer administer-
ing the office of Governor, as
may be preferred by the House
of Representatives.
Section 174.
The judges of the district and cir-
cuit courts, judges of the probate
courts, and judges of other courts
from which an appeal may be
taken directly to the supreme
court, district attorneys, and
sheriffs, may be removed from
office for any of the causes spec-
Section 2. An election upon the
proposed amendment shall be
held in accordance with Sections
284 and 285 of the Constitution
of Alabama of 1901, now ap-
pearing as Sections 284 and 285
of the Official Recompilation of
the Constitution of Alabama of
1901, as amended, and the elec-
tion laws of this state.
Section 3. The appropriate elec-
tion official shall assign a ballot
number for the proposed consti-
tutional amendment on the elec-
tion ballot and shall set forth the
following description of the sub-
stance or subject matter of the
proposed constitutional amend-
ment:
"Proposing an amendment to the
Constitution of Alabama of
1901, to become operative Janu-
ary 1,2017,to repeal and repine
Article VII, Impeachments.
"Proposed by Act ."
This,'description- fl~l~ 'l~e 'ttbl'-"
guage:..-v:~-
"Yes ( ) No ( )."
+
To propose an amend-
ment to the Constitution of Ala-
bama of 1901, to provide that the
employees of the Office of Sher-
iff of Etowah County, except for
the chief deputy, chief of deten-
tion, chief of administration,
chief of investigation, director of
communications, and food serv-
ice manager, shall be under the
authority of the Personnel Board
of the Office of the Sheriff of
Etowah County.
Section 1. The fol-
lowing amendment to the Con-
stitution of Alabama 1901, is
proposed and shall become valid
as a part of the Constitution
when all requirements of this act
are fulfilled:
PROPOSED AMENDMENT
No later than the first
day of the sixth month after rati-
fication of this amendment, em-
ployees of the Office of the
Sheriff of Etowab County, ex-
cept for the chief deputy, chief of
detention, chief of administra-
tion, chief of investigation, direc-
• tor of communications, and food
service manager, shall be under
the anthority of the personnel
hoard of the office of the sheriff.
The provisions of this amend-
ment shall not affect the liability
of the employees of the Office of
the Sheriff of Etowah County.
Section 2. An elec-
tion upon the proposed amend-
ment shall be held in accordance
with Amendment 555 to the
Constitution of Alabama of
1901, and the election laws of
this state.
Section 3. The appro-
priate election official shall as-
sign a ballot number for the
proposed constitutional amend-
ment on the election ballot and
shall set forth the following de-
scription of the substance or sub-
ject matter of the proposed
constitutional amendment:
"Relating to Etowab
County, proposing an amend-
ment to the Constitution of Ala-
bama of 1901, to provide that the
employees of the Office of Sher-
iff of Etowah County, except for
the chief deputy, chief of deten-
tion, chief of administration,
chief of investigation, director of
communications, and food serv-
ice manager, shall be under the
authority of the of the Personnel
Board of the Office of the Sheriff
of Etowah County."
"Proposed by Act
This description shall