Commission Adopted a Proposal to Change Sec. 256 of Education Article

On August 8, the Alabama Constitutional Revision Commission adopted a proposal to change the Education Article of the Alabama Constitution to say:

"The Legislature shall establish, organize and maintain a system of public schools throughout the state for the benefit of the children thereof, provided that nothing in this section shall create any judicially enforceable right or obligation and nothing in this section shall in any way affect the provisions of Amendment 582."

Voted to add the disabling “provided” clause

Jenna Bedsole, Birmingham

Gov. Robert Bentley (by proxy), Tuscaloosa

Greg Butrus, Birmingham

Rep. Randy Davis, Daphne

Vicki Drummond, Chair, Education Committee, Jasper

Rep. Paul DeMarco, Commission Vice-chair, Homewood

Speaker Mike Hubbard (by proxy), Auburn

Matt Lembke, Birmingham

Rep. Cam Ward, Alabaster

 

Voted to support the simple sentence, without the "provided clause

Gov. Albert Brewer, Commission Chair, Birmingham

Phillip Brown, Birmingham

Senate Pres. Pro Tempore Del Marsh (by proxy), Anniston 

Carolyn McKinstry, Birmingham

Jim Pratt III, Chair, Education Text, Birmingham

Sen. Quinton Ross, Jr., Montgomery

Rep. Patricia Todd, Birmingham

 

Not present

Al Agricola, Montgomery

Sen. Bryan Taylor, Prattville

 

Boys State Constitution

Students at Boys State Convention this year wrote a new Alabama constitution.

Click here to read it.

 

Home Rule in the 50 States

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Constitutional Amendments 2012

Statewide Amendment 1

Proposing an amendment to the Constitution of Alabama of 1901, relating to the forever Wild Land trust, to reauthorize the trust for a 20-year period.

Statewide Amendment 2

Proposing an amendment to the Constitution of Alabama of 1901, as amended, to allow issuance by the State from time to time of general obligation bonds under the authority of Section 219.04 and Section 219.041 to the Constitution of Alabama of 1901, as amended, so long as the aggregate principal amount of all such general obligation bonds at any time outstanding is not in excess of $750 million. This amendment would replace the maximum aggregate principal limitations currently contained in said Sections 219.04 and 219.041. The proposed amendment would also allow issuance by the State of general obligation refunding bonds under the authority of Sections 219.04 and 219.041 to the Constitution of Alabama of 1901, as amended, subject to certain minimum savings thresholds and limitations of maximum average maturity.

Statewide Amendment 3

Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901, to define the Stockton landmark District within the county and to prohibit the annexation by local law of any property within the district into any municipality.

Statewide Amendment 4

Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Amendment 111, now appearing as Section 256 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to separation of schools by race and to repeal Section 259, amendment 90, and Amendment 109, relating to the poll tax.

Statewide Amendment 5

Proposing an amendment to the Constitution of Alabama of 1901, to provide for the transfer of the assets and liabilities of the Water Works and Sewer Board of the City of Pritchard to the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System.

StatewideAmendment 6

Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any person, employer or health care provider from being compelled to participate in any health care system.

Statewide Amendment 7

Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 576 to the Constitution of Alabama of 1901, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to provide that the right of individuals to vote for public office, public votes on referenda, or votes of employee representation by secret ballot is fundamental.

Statewide Amendment 8

Proposing an amendment to the Constitution of Alabama of 1901, to repeal the existing provisions for legislative compensation and expenses and establish the basic compensation of the Legislature at the median household income in Alabama; to require legislators to submit signed vouchers for reimbursement for expenses, and to prohibit the Legislature from increasing the compensation or expenses payable to its members.

Statewide Amendment 9

Proposing an amendment to the private corporation provisions of Article 12 of the Constitution of Alabama or 1901, to become effective January 1, 2014, to continue the authority of the Legislature to pass general laws pertaining to corporations and other entities; to continue the authority of the Legislature to regulate and impose a business privilege tax on corporations and other entities; and to repeal various provisions concerning private corporations, railroads, and canals.

Statewide Amendment 10

Proposing an amendment to the Constitution of Alabama of 1901, effective January 1, 2014, to amend Section 247 relating to the authority of the Legislature concerning banks and banking, to repeal various other provisions of Article XIII concerning banks and banking; and to repeal Amendment 154 to the Constitution of Alabama of 1901, now appearing as Section 255.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, subject to the contingency that a new Article XII of the state constitution is adopted that repeals existing Section 232 of the state constitution, and subject to the contingency that Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, are repealed.

And there are 18 local constitutional amendments, concerning the following counties:

Local Constitutional Amendments 2012

Baldwin County Local Amendment 1

Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901 to prohibit the imposition of an occupational tax.

Baldwin County Local Amendment 2

Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901, to levy an additional one percent sales and use tax on certain items and one half of one percent on certain other items, to be distributed to any local boards of education in the county in accordance with state law for public school purposes; providing for the tax, an expiration date for the tax five years from June 1, 2013, and prescribing the method for the renewal of the tax; prescribing penalties and fixing punishment for violation of the amendment; providing for the collection of the sales and use tax; providing for exemptions from the sales and use tax; and providing for the payment of special election expenses by the Baldwin County Board of Education.

Bullock County

Relating to Bullock County, proposing an amendment to the Constitution of Alabama of 1901, to phase out the supernumerary system for certain public officials, including the sheriff, and allow elected or appointed county officials and the sheriff, ad defined, to participate in the Employees’ Retirement System, with the effective date retroactive to march 1, 2003, and to repeal Amendment No. 676 to 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

Calhoun County

Relating to Calhoun County, prop9osing an amendment to the Constitution of Alabama of 1901, to authorize the county commission to manage the processing of absentee ballots, effective upon the expiration of the current term of office of the circuit clerk.

Covington County

Relating to Covington County, proposing an amendment to the Constitution of Alabama of 1901, to further provide for the law library fee in the county and to ratify, approve, validate and confirm any court costs levied pursuant to local law enacted prior to the adoption of this amendment.

Cullman County

Relating to Cullman County, proposing an amendment to the Constitution of Alabama of 1901, to grant sixteenth section and school lands located in Cullman County, and held in trust by the state for education purposes in Cullman County, to the Cullman County Board of Education; to authorize the Cullman County Board of Education to manage, sell, lease and control those lands; and to provide for the distribution of any proceeds and interest from the sale, lease or other disposition of the land or the sale of timber, minerals, or other natural resources generated by the land.

Etowah County Local Amendment 1

Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to provide that certain elected or appointed public officials in Etowah County may participate in the Employees’ Retirement System in lieu of participating in a supernumerary program or system.

Etowah County Local Amendment 2

Relating to Etowah county, proposing an amendment to the Constitution of Alabama of 1901, to authorize the legislature, by local or general act, to fix, regulate, and alter the costs and charges of court and to ratify and confirm any local law authorizing any additional court costs enacted prior to the adoption of this amendment..

Jackson County

Proposing a local constitutional amendment relating to Jackson County, to repeal Amendment No. 846 of the Constitution of Alabama of 1901, now appearing as Section 1.50, Jackson County Local Constitutional Amendment of the Official Recompilation of the Constitution of Alabama of 1901 as amended, relating to special elections to fill vacancies occurring in county offices.

Lawrence County

Relating to Lawrence County, proposing n amendment to the Constitution of Alabama of 1901, to prohibit any municipality located entirely outside of Lawrence County 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 and to provide that 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.

This has become Statewide Amendment 11.

Madison County

Relating to Madison County, proposing an amendment to the Constitution of Alabama of 1901, for those areas of Madison County outside the corporate limits of any municipality, to establish procedure by which a dog can be declared dangerous and humanely destroyed or returned to the owner if certain requirements are met and the dog is securely enclosed, to provide immunity for county officers and employees and to provide for penalties.

Marengo County

Relating to Marengo County, purposing an amendment to the Constitution of Alabama of 1901, to provide that the judge of probate shall be compensated based on the population of the county as provided by general law instead of at 90 percent of the rate paid a district judge in the county.

Marion County

To propose and amendment to the Constitution of Alabama of 1901, to authorize the Legislature, by local or general act, to fix, regulate, and alter the costs and charges of court in Marion County

Marshall County


Relating to Marshall County, proposing an amendment to the Constitution of Alabama of 1901, to provide that the Legislature, by local law, may further provide for the election of the members of the Marshall County board of Education and the operation of the board.

Montgomery County


Relating to Montgomery Count8, proposing an amendment to the Constitution of Alabama of 1901, to decrease the terms of office for members elected after ratification of this amendment from six to four years.

Morgan County


Relating to Lawrence County, proposing an amendment to the constitution of Alabama of 19001, to prohibit any municipality located entirely outside of Lawrence County 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 and to provide that 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.

Perry County


Relating to Perry County; proposing an amendment to the Constitution of Alabama of 1901; to authorize the Legislature to 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

Tuscaloosa County


Relating to Tuscaloosa County, proposing an amendment to the Constitution of Alabama of 1901, to prohibit the imposition of an occupational tax.

Winston County


Relating to Winston County, proposing an amendment to the Constitution of Alabama, of 1901, to provide for the judge of probate to be compensated on a salary basis and to provide for the one-stop issuance of motor vehicle license plates by the judge of probate.