Open main menu

Amendment 101 ratifiedEdit

Special Property Tax for Public School Buildings in Marshall County.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama a special tax or taxes not to exceed five mills on each dollar's worth of taxable property in Marshall county is hereby authorized, the proceeds of which shall be used exclusively for erecting, constructing, remodeling, renovating, repairing, furnishing and equipping public school buildings in Marshall county; provided that any tax and the purpose thereof shall have first been submitted to the vote of the qualified electors of the county and voted for by a majority of those electors participating in the election. The election shall be called, held, conducted and governed by the applicable provisions of Code of Alabama (1940), Title 52, chapter 10, article 7, which governs elections on special school taxes and the tax hereby authorized shall be levied and collected as other special school taxes are levied and collected. If the proposal to levy the tax is defeated in an election it may not be again submitted to a vote for one year, but after the expiration of one year, and at intervals of one year thereafter, such question may be resubmitted to the qualified electors. Should a tax of less than five mills on each dollar's worth of taxable property be approved at an election thereon then at the expiration of one year from the date of the election at which such tax was approved, and at intervals of one year thereafter, the question of levying an additional tax for such purposes may again be submitted to a vote of the qualified electors of the county until the total of all taxes levied pursuant to the authority hereby conferred is five mills.

After any tax levied pursuant to authority hereby conferred shall have been collected for five years the court of county commissioners, board of revenue or other county governing body, upon receipt of a petition, signed by not less than twenty percent of the qualified electors of the county must call an election at which the question of repeal of the tax upon payment of all obligations then outstanding shall be submitted to the qualified electors of the county. Should a majority of the voters participating at this election vote for the repeal of the tax it shall cease as soon as the outstanding pledges against it have been paid in full. Should a majority of the electors participating in the election vote against repeal the question of repeal may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of one year thereafter, upon receipt of a petition signed by twenty percent of the qualified electors of the county, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the county.

The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by Code of Alabama (1940), Title 52, chapter 10, article 7, for an election on the special county school tax authorized in amendment III [3] to the Constitution of Alabama. The collection of the tax shall also be governed by the applicable provisions of the Code of Alabama (1940), Title 52, chapter 10, article 7, and the proceeds shall be used exclusively for the purposes authorized at the election approving the levy.

Amendment 102 ratifiedEdit

Special Ad Valorem Tax for School Purposes on Real and Tangible Personal Property within Chambers County.

In addition to all other taxes now or hereafter authorized by law, the governing body of Chambers county shall have the power to levy and collect, for a period of not exceeding twelve years, a special ad valorem tax on real and tangible personal property only, situated within said county, at a rate not exceeding five mills on each dollar's worth of said real and tangible personal property, as assessed for state taxation for the preceding tax year, the proceeds of said tax to be used solely for acquiring, constructing and equipping public school buildings within said county, including public school buildings for any city school system therein; provided, however, that the special ad valorem tax authorized herein shall be levied only in the event that no other additional ad valorem tax is authorized to be levied by a constitutional amendment submitted at the 1953 regular session of the legislature; and provided further, that before said special ad valorem tax shall be levied, the question as to whether said tax shall be levied shall have first been submitted to a vote of the qualified electors of said county at an election to be called by the governing body of said county, and shall have been voted for by a majority of said qualified electors voting at said election. The election provided for herein shall be called, held, conducted and canvassed, and may be contested in the same manner as provided by law for the calling, holding, conducting and canvassing of county bond elections. Upon the expiration of any tax authorized pursuant to this amendment, no further tax shall be authorized hereunder.

In the event the said special ad valorem tax shall be authorized by a majority of the qualified electors voting on said question at said election, the governing body of said county shall thereupon be authorized to sell and issue its tax anticipation bonds for the purposes for which said tax was authorized, which bonds shall be in such amount as the governing body of said county shall designate, and shall be subject to the provisions of the general laws pertaining to the issuance of county bonds except that no further election shall be required therefor. The revenue derived from the sale of said bonds shall be expended by the Chambers county board of education for the purposes stated herein. Any bonds issued pursuant to this amendment shall be payable solely out of the proceeds of the said special ad valorem tax hereby authorized, which shall be pledged therefor, and after the issuance of said bonds, the proceeds of said tax remaining after payment of the cost of assessment and collection shall be used only for payment of the principal of and interest on said bonds, the creation and maintenance of a reserve therefor, and the redemption thereof. Said bonds shall constitute negotiable instruments although payable from a limited source and shall be eligible for the investment of trust funds. The said bonds shall not constitute general obligations of the said county and shall be in addition to all other bonds which said county has heretofore issued or is authorized to issue under the Constitution and laws of Alabama.

Amendment 103 ratifiedEdit

Costs and Charges of Courts and the Offices, Terms, and Compensation of Officers of Chambers County.

The legislature may from time to time by general or local laws applicable to or operative in Chambers county fix, alter, and regulate the costs and charges of court, and the fees, commissions, percentages, allowances, or salary of, any officer of Chambers county; may provide the method and basis of compensation of such officers; may fix the terms of office of such officers; and may consolidate any of the offices held by such officers. When any such officer is compensated on a salary basis the legislature may provide for the distribution of the fees, commissions, percentages, and allowances collectible by him, and the funds from which the salary of the officer shall be paid, any other provision of this Constitution to the contrary notwithstanding.

Amendment 104 ratifiedEdit

Economic Development of Municipalities of Haleyville and Double Springs.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipalities of Haleyville and Double Springs in Winston county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipalities of Haleyville and Double Springs, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipalities of Haleyville and Double Springs, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing bodies of the municipalities of Haleyville or Double Springs may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipalities.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance, of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipalities of Haleyville and Double Springs for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipalities of Haleyville and Double Springs shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the respective municipality. The governing body of each of the two municipalities may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.

Amendment 105 ratifiedEdit

Costs and Charges of Courts in Madison County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Madison county, and the method of disbursement thereof.

Amendment 106 ratifiedEdit

Additional Taxes in Morgan County for Public School Purposes.

Each school district in Morgan county, shall have power to levy and collect additional taxes on the taxable property located in the district of not to exceed $.55 per $100 worth of taxable property located in the district for public school purposes; provided, that the total of special county and school district taxes levied in the district for public school purposes under section 260 of this Constitution and all amendments to this Constitution including the present amendment shall not exceed a rate of $1.25 per $100 worth of taxable property located in the district, except that in determining whether the said rate of $1.25 per $100 will be exceeded there shall be excluded from such calculation taxes levied and collected under the authority of any amendment to this Constitution wherein it is stated that the adoption thereof will not affect the power, right or authority to levy special school taxes; provided further, that the adoption of this amendment shall in nowise limit, modify, abridge, or impair the power, authority or right of counties, municipalities, or school districts to levy and collect special school taxes or taxes of any kind for schools or school purposes vested in and conferred upon them, or any of them, by this Constitution, any amendment thereto, or any provisions of state law, or to make appropriations for schools or school purposes.

A school district within the meaning of this amendment shall include school districts which consist of incorporated cities or towns, or any school district of which an incorporated city or town is a part or such other school districts now existing or hereafter formed as may be approved by the county board of education.

The rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election.

The funds derived from the tax levied in any school district under this amendment shall be expended for the exclusive benefit of the district.

Amendment 107 ratifiedEdit

Issuance of Revenue Bonds and Other Revenue Securities by Municipalities.

Revenue bonds and other revenue securities at any time issued by a municipality for the purpose of extending, enlarging or improving any water, sewer, gas or electric system then owned by such municipality shall not be deemed to constitute bonds or indebtedness of such municipality within the meaning of sections 222 and 225 of this Constitution if by their terms such bonds or other securities are not made a charge on the general credit or tax revenues of the issuing municipality and are made payable solely out of revenues derived from the operation of any one or more of such systems.

Amendment 108 ratifiedEdit

Bonds and Other Securities Issued by Certain Public Corporations.

Each public corporation heretofore or hereafter organized or created in this state pursuant to authorization or determination by any municipality or municipalities, or county or counties, or the governing body of any one or more thereof, shall for the purposes of sections 222, 224, and 225 of this Constitution be deemed to be a separate entity from such municipality or municipalities, or county or counties. Bonds and other securities heretofore or hereafter issued by any public corporation so organized shall not be deemed to constitute bonds or indebtedness within the meaning of said sections even though property, whether or not capable of producing income, may have been transferred to such public corporation by any one or more of such municipalities or counties either with or without the payment of pecuniary or other consideration.

Amendment 109 ratifiedEdit

Exempting Blind and Deaf Persons from Payment of Poll Tax.

No person who is either blind or deaf shall be required to pay the poll tax specified in the Constitution as a prerequisite to voting in Alabama; but, on the contrary, every blind or deaf person shall be exempt from the payment of all poll taxes which have accrued and have not been paid or which hereafter may accrue. The term "blind person" as used herein includes any person who has a vision with or without adjusted glasses suitable to the eye or to the individual not greater than what is known as 2/100 vision. The term "deaf person" as used herein means any person who is wholly deprived of his sense of hearing. The judge of probate shall issue a certificate of exemption to any person exempt from the payment of poll tax by reason of this amendment. This amendment shall be self-executing and retroactive; but the legislature may enact laws designed to carry out the purposes of this amendment.

Amendment 110 ratifiedEdit

Filling Vacancy in Office of Judge of Jefferson County Circuit Court.

Any vacancy occurring in the office of judge of the tenth judicial circuit comprised of Jefferson county only, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within ninety days from the date of the submission of such nominations. In the event the governor fails to fill the vacancy from such nominations within such period, the appointment shall be made by the chief justice of the supreme court of Alabama.

Amendment 111 ratifiedEdit

Amendment of Sections 137, 139, 256, 258, 259, 260, 269, 270.

Amendment of Sections 137, 139, 256, 258, 259, 260, 269, 270.

Sec. 137. Duties generally and restrictions on receipt of fees, etc., by attorney general, state auditor, secretary of state, state treasurer, superintendent of education and commissioner of agriculture and industries; annual reports by state treasurer and state auditor; attorney general may be required to defend suits against state, political subdivisions, officers, etc.

The attorney general, state auditor, secretary of state, state treasurer, superintendent of education, and commissioner of agriculture and industries shall perform such duties as may be prescribed by law. The state treasurer and state auditor shall, every year, at a time fixed by the legislature, make a full and complete report to the governor, showing the receipts and disbursements of every character, all claims audited and paid out, by items, and all taxes and revenues collected and paid into the treasury, and the sources thereof. They shall make reports oftener upon any matters pertaining to their offices, if required by the governor or the legislature. The attorney general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries shall not receive to their use any fees, costs, perquisites of office or other compensation than the salaries prescribed by law, and all fees that may be payable for any services performed by such officers shall be at once paid into the state treasury. The legislature may require the attorney general to defend any or all suits brought against the state, or any subdivision thereof, or against any state school board or state board of education, or against any county or city school board or board of education, or against like boards or commissions by whatever name designated, or against any members, officers or employees of any such boards, or against any school official or employee throughout Alabama.

Sec. 139. Vesting of judicial power; minimum standards for establishment of courts of general jurisdiction in counties; authority of legislature to constitute members of state, county and city school boards as judicial officers.

The judicial power of the state shall be vested in the senate sitting as a court of impeachment, a supreme court, circuit courts, chancery courts, courts of probate, such courts of law and equity inferior to the supreme court, and to consist of not more than five members, as the legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature; but no court of general jurisdiction, at law or in equity, or both, shall hereafter be established in and for any one county having a population of less than twenty thousand, according to the next preceding federal census, and property assessed for taxation at a less valuation that three million five hundred thousand dollars. The legislature shall also have authority to constitute as judicial officers any or all of the members of state school boards, state boards of education, county school boards, city school boards, and like boards or commissions by whatever name designated, and all superintendents of schools and school officials and employees throughout Alabama, and to provide that all action taken by them, or any of them, requiring the exercise of discretion or judgment in connection with school matters be judicial action.

Sec. 256. Educational policy of the state; authority of legislature to provide for or authorize establishment and operation of schools by persons, municipalities, etc.; grant, donation, sale or lease of funds and property for educational purposes; election of certain schools for attendance by parents of minors.

It is the policy of the state of Alabama to foster and promote the education of its citizens in a manner and extent consistent with its available resources, and the willingness and ability of the individual student, but nothing in this Constitution shall be construed as creating or recognizing any right to education or training at public expense, nor as limiting the authority and duty of the legislature, in furthering or providing for education, to require or impose conditions or procedures deemed necessary to the preservation of peace and order.

The legislature may by law provide for or authorize the establishment and operation of schools by such persons, agencies or municipalities, at such places, and upon such conditions as it may prescribe, and for the grant or loan of public funds and the lease, sale or donation of real or personal property to or for the benefit of citizens of the state for educational purposes under such circumstances and upon such conditions as it shall prescribe. Real property owned by the state or any municipality shall not be donated for educational purposes except to nonprofit charitable or eleemosynary corporations or associations organized under the laws of the state.

To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide.

Sec. 258. Property donated or appropriated for educational purposes and estates of persons dying without will or heirs to be applied to furtherance of education.

All lands or other property given by individuals, or appropriated by the state for educational purposes, and all estates of deceased persons who die without leaving a will or heir, shall be used or applied to the furtherance of education.

Sec. 259. Use of poll taxes for support and furtherance of education.

All poll taxes collected in this state shall be applied to the support and furtherance of education in the respective counties where collected.

Sec. 260. Certain income to be applied to support and furtherance of education; special annual tax for education; maximum annual levy on taxable property; priority for payment of bonded indebtedness of state; proceeds of certain taxes to be used for support and furtherance of education.

The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States government, and the funds enumerated in sections 257 and 258 of this Constitution, together with a special annual tax of thirty cents on each one hundred dollars of taxable property in this state, which the legislature shall levy, shall be applied to the support and furtherance of education, and it shall be the duty of the legislature to increase the educational fund from time to time as the necessity therefor and the condition of the treasury and the resources of the state may justify; provided, that nothing herein contained shall be so construed as to authorize the legislature to levy in any one year a greater rate of state taxation for all purposes, including schools, than sixty-five cents on each one hundred dollars' worth of taxable property; and provided further, that nothing herein contained shall prevent the legislature from first providing for the payment of the bonded indebtedness of the state and interest thereon out of all the revenue of the state.

Except as they may be specifically set aside in trust funds or otherwise applied to the payment of indebtedness, all proceeds of income or other taxes levied by the state, and of all special ad valorem or other taxes levied by counties and other municipalities, or school districts, pursuant to the Constitution as heretofore amended, for public school purposes, shall be applied to the support and furtherance of education pursuant to section 256 of the Constitution, as amended.

Sec. 269. Special county educational taxes.

The several counties in this state shall have power to levy and collect a special tax not exceeding ten cents on each one hundred dollars of taxable property in such counties, for the support and furtherance of education in such manner as may be authorized by the legislature; provided, that the rate of such tax, the time it is to continue, and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation, state and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property; excluding, however, all special county taxes for public buildings, roads, bridges, and the payment of debts existing at the ratification of the Constitution of eighteen hundred and seventy-five.

Sec. 270. Applicability of article to Mobile county.

The provisions of this article and of any act of the legislature passed in pursuance thereof for educational purposes, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes and to make reports to the superintendent of education as may be prescribed by law; and all special incomes and powers of taxation as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the legislature.

Amendment 112 ratifiedEdit

Amendment of Section 94. SECTION 94

Counties, municipalities and other political subdivisions not to grant public money or lend credit to individuals or corporations; alienation of public parks, playgrounds, recreational facilities and housing projects by political subdivisions and public bodies.

The legislature shall not have power to authorize any county, city, town, or other subdivision of this state to lend its credit, or to grant public money or thing of value in aid of, or to any individual, association, or corporation whatsoever, or to become a stockholder in any such corporation, association, or company, by issuing bonds or otherwise. It is provided, however, that the legislature may enact general, special, or local laws authorizing political subdivisions and public bodies to alienate, with or without a valuable consideration, public parks and playgrounds, or other public recreational facilities and public housing projects, conditional upon the approval of a majority of the duly qualified electors of the county, city, town, or other subdivision affected thereby, voting at an election held for such purpose.

Amendment 113 ratifiedEdit

Bond Issue for Building Construction and Improvement Purposes at Alabama State Hospitals and Partlow State School for Mental Deficients.

The state is authorized to become indebted for building construction and improvement purposes at the Alabama State Hospitals and at the Partlow State School for Mental Deficients, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding four million dollars in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the acquisition of building sites; for the construction, reconstruction, alteration, and improvement of building facilities, including renewal and replacement of structural parts; and for the procurement of equipment for such buildings at the Alabama State Hospitals and at the Partlow State School for Mental Deficients; provided that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from such proceeds.

All bonds issued hereunder and the interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds shall be payable in substantially equal installments of principal and interest beginning in the next fiscal year after their date. They shall bear interest at a rate not to exceed three percent, and they shall contain a provision for their call for payment at such a time or times prior to maturity, and at such a premium, if any, as may be prescribed in the notice of sale. All bonds issued hereunder shall be sold to the best bidder at a duly advertised public sale, upon sealed bids or at auction, and shall not be sold for less than par and accrued interest; provided, however, that bidders may be invited to name the rate or rates of interest which the bonds are to bear. The right to reject any or all bids shall be reserved. Bonds issued hereunder shall mature within twenty years from the date of issuance.

The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment to the Constitution.

Amendment 114 ratifiedEdit

Bond Issue to Assist in Construction and Equipment of Hospitals, etc.

(a) Notwithstanding anything contained in the Constitution of the state of Alabama, or any amendment thereto heretofore adopted, the governor shall from time to time issue negotiable interest-bearing bonds for the purposes and in the manner and subject to the limitation stated in this amendment. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the punctual payment of the bonds and the interest thereon. The aggregate principal amount of all bonds issued hereunder shall not exceed two million dollars ($2,000,000) and they shall mature within ten years from the date of issuance.

The proceeds from the sale of such bonds are hereby appropriated and shall be used solely for the construction and equipping of hospitals, health centers, tuberculosis hospitals or sanatoria, and related medical facilities pursuant to Act No. 211, General Acts of Alabama 1945, page 330, approved July 7, 1945; and Act 287, General Acts of Alabama 1945, page 474, approved July 7, 1945; and Act No. 46, General and Local Acts 1949, page 68, approved June 2, 1949; as said acts are now or may hereafter be amended; and such facilities established and operated by the corporate authorities of a city or town, or a county governing body under the provision of Title 22, section 189, Code of Alabama 1940, as same is now or may hereafter be amended; or any act supplemental thereto or amendatory thereof. The funds provided hereby shall be used only for construction and equipping facilities under contracts which have been or are let on or after July 1, 1955; shall be used to match federal funds available for hospital health center, and related medical facilities provided under Public Law 725, 79th Congress and Public Law 482, 83rd Congress, as said Public Laws are now or may hereafter be amended; and the local governments in the area where each hospital, health center, tuberculosis hospitals or sanatoria, or related medical facility is to be constructed or equipped shall contribute at least as much money for the construction and equipping as does the state; and provided further that the state shall not contribute more than two hundred and fifty thousand dollars ($250,000) to the construction and equipping of any tuberculosis hospital or sanatoria and one hundred thousand dollars ($100,000) for any other facility included within the scope of this amendment.

In determining where a hospital, health center, tuberculosis hospitals or sanatoria, or related medical facility to be constructed with funds appropriated herein shall be located, consideration shall be given to the communities on the basis of relative need. Each county having no hospital, health center, tuberculosis hospitals or sanatoria, or related medical facility shall have first priority. Counties receiving prior allotments hereunder shall not be precluded from receiving an additional allotment for other facilities at the discretion of the state board of health. A sum not to exceed forty thousand dollars ($40,000) may be used by the state board of health from the proceeds of the sale of said bonds for administering the provision of this amendment.

(b) All bonds issued hereunder and the interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds shall be payable in substantially equal installments of principal and interest beginning in the next fiscal year after their date; they shall bear interest at a rate not to exceed 2 1/2 % and they shall contain a provision for their call for payment at such a time or times prior to maturity, and at such a premium, if any, as the governor may prescribe in the notice of sale. All bonds issued hereunder shall be sold to the best bidder at a duly advertised public sale, on sealed bids or at auction, and shall not be sold for less than par and accrued interest; provided, bidders may be invited to name the rate or rates of interest, which the bonds are to bear. The right to reject any or all bids shall be reserved.

Amendment 115 ratifiedEdit

Extension of Debt Limit of Tuscaloosa County.

Tuscaloosa county may become indebted, and in evidence of such indebtedness may sell and issue its interest-bearing bonds, to the extent of not exceeding $2,500,000.00 in principal amount, for the purpose of constructing and equipping a county courthouse and jail in said county and acquiring land therefor; provided, that before any such bonds shall be issued the question of whether said bonds shall be issued shall have first been submitted to a vote of the qualified electors of said county at an election to be called for that purpose by the governing body of said county and the issuance of said bonds shall have been authorized by a majority of said qualified electors voting at said election. The elections provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of county bond elections, and if the issuance of said bonds shall be authorized at any such election they may be sold and issued from time to time in the manner provided by law for the authorization and sale of county bonds. In the event the voters of Tuscaloosa county do not authorize the issuance and sale of said bonds at any election called hereunder then other elections may be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the issuance and sale of said bonds; provided that no two elections shall be held within one year of each other. Provided further that if the majority of the voters of Tuscaloosa county participating in the election as to the adoption of this constitutional amendment vote for such adoption of this amendment then this expression of the voters of Tuscaloosa county for this amendment shall of itself authorize the issue and sale of said bonds and then no additional election by the voters of Tuscaloosa county shall be required to authorize the issue and sale of said bonds and such bonds may be issued and sold as the full obligation of Tuscaloosa county without an additional election. In the event the voters of Tuscaloosa county do not authorize the issuance and sale of said bonds at any such elections herein referred to, authorized or called hereunder then other special elections shall be called by the governing body of Tuscaloosa county from time to time until the voters of Tuscaloosa county do authorize the issuance and sale of said bonds; provided that no two special elections shall be held within one year of each other except the first special election herein provided for; and provided further that such special elections shall be held at least once every two years until said bonds are authorized. When authorized said bonds shall be promptly sold and such courthouse and jail shall forthwith be built. Tuscaloosa county shall and is hereby specifically authorized to acquire adequate lands for said courthouse and jail and approaches and parking spaces. Such courthouse and jail may be built as one building or as separate buildings as the governing body of Tuscaloosa county may determine and shall be properly and adequately equipped and furnished. The indebtedness herein authorized shall be in addition to all other indebtedness authorized prior to the adoption of this amendment.

Amendment 116 ratifiedEdit

State Works of Internal Improvement Along Navigable Waterways and Indebtedness Therefor.

In addition to the authority heretofore granted it by section 93 of this Constitution as amended, and notwithstanding the provisions of section 213 of this Constitution as amended, and when authorized by appropriate laws passed by the legislature, the state may, at a cost of not exceeding an additional ten million dollars engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable streams or waterways now or hereafter existing within the state all manner of docks, facilities, elevators, warehouses, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same, in aid of commerce and use of the waterways of the state; provided that any such work or improvements shall always be and remain under the management and control of the state through the Alabama state docks department or other state governing agency. When authorized by appropriate laws passed by the legislature, the state may become indebted in an aggregate principal amount of not exceeding $10,000,000 for the purpose of carrying out the provisions of this amendment and may cause to be issued its general direct obligation bonds for the repayment of such indebtedness and interest thereon and pledge the faith and credit of the state thereto.

Amendment 117 ratifiedEdit

Bonds for Construction and Improvement Purposes at Alabama Institute for Deaf and Blind.

The state is authorized to become indebted and to issue interest bearing bonds, in addition to those heretofore authorized and sold, in an aggregate principal amount not exceeding $3,000,000. The proceeds derived from the sale of said bonds shall be used solely for the purpose of paying the expenses incurred in the sale and issuance thereof and for the acquisition of sites for and the construction, reconstruction, alteration, improvement and equipment of building facilities, including the renewal or replacement of structural parts, at the Alabama Institute for Deaf and Blind. Said bonds shall be sold only at a duly advertised public sale or sales, upon sealed bids or at auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds offered for sale, and shall be sold at not less than their face value plus accrued interest thereon. Said bonds shall be direct general obligations of the state and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby specially and irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another by reason of prior issuance or otherwise, so much as may be necessary for said purpose of those portions of the state sales tax and the state use tax in effect at the date of the adoption of this amendment which are required by law at the date of the adoption of this amendment to be paid into the Alabama special educational trust fund. The said special pledge shall create a charge on the tax proceeds herein specially pledged prior to all other charges or expenses for educational or any other purposes whatsoever; provided, that in the event any other bonds should be issued under the authority of any other amendment to the Constitution proposed by the 1957 regular session of the legislature, or by any public corporation created pursuant to any statute enacted at said session, for payment of the principal of and interest on which the said taxes or any portion thereof should be pledged in such other constitutional amendment or in or pursuant to authority of such statute, then the special pledge of the said taxes herein made shall be on a parity with the pledge or pledges of said taxes or portion thereof for the benefit of such other bonds. The bonds issued under this amendment and the income therefrom shall be exempt from all taxation in the state of Alabama. The provisions of section 261 of the Constitution of Alabama shall not be deemed to apply to the tax proceeds so specially pledged or to the proceeds from any bonds issued hereunder. The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment.

Amendment 118 ratifiedEdit

Increasing Rate of Interest and Other Matters Relating to Bonds Authorized Under Amendment No. 113.

Bonds which may be issued for building construction and improvement purposes at Alabama State Hospitals and at Partlow State School for Mental Deficients, under the provisions of the amendment to the Constitution which was proposed by Act No. 37 adopted at the First Special Session of the Legislature of 1956 [1956, 1st Ex. Sess., p. 63] and which was ratified by the electors at the general election held on November 6, 1956 [amendment No. 113], may be sold, executed and delivered from time to time in series, may bear such date or dates, and may bear interest at such rate or rates not exceeding four and one-half per centum per annum payable semiannually and evidenced in such manner, all as may be provided at the respective times of the sales thereof. The maturities of the bonds of each series shall, to such extent as may be practicable, be so arranged that the first maturity of the bonds of each series shall be not later than one year after the date thereof and the last maturity of the bonds of that series shall be not later than twenty years after the date thereof, and the said maturities shall be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding under said amendment, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination in the proceedings under which the bonds are issued that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of any of the bonds and all subsequent holders thereof shall be fully protected by such determination.

Amendment 119 ratifiedEdit

Bonds for Construction and Improvement Purposes at University of Alabama Medical Center.

The state of Alabama is authorized to become indebted for building, construction and improved purposes at the University of Alabama Medical Center, in Birmingham, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state not exceeding four million five hundred thousand dollars in principal amount. The bonds shall be general obligations of the State of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the acquisition of lands adjacent to the University of Alabama Medical Center, in Birmingham, and to provide funds to be used to match federal funds granted by the National Institute of Health of the United States Department of Health, Education and Welfare for construction and equipment of a medical research building and to match federal funds granted under the Hill-Burton Act for the construction and equipment of a nurses' home at the medical center; provided that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from such proceeds.

The board of trustees of the University of Alabama is hereby vested with full authority, except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said board at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said board in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said board under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said board that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said board, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said board is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the president pro tempore of the board of trustees of the University of Alabama and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The proceeds from the sale of bonds hereby authorized, after the payment of all expenses of the sale thereof shall be set apart in a special trust fund in the state treasury to be designated The University of Alabama Medical Center Bond Fund; and such proceeds shall be used solely for the purposes, hereinabove enumerated, for which the bonds are authorized to be issued; provided that the plans and specifications for any building constructed with moneys from said special fund shall be approved by the Alabama building commission or any agency designated by the legislature as its successor.

The provisions of this amendment shall be self-executing and no further authorization from the legislature shall be a prerequisite to the validity of any bonds issued hereunder.

Amendment 120 ratifiedEdit

Bonds for Construction and Improvement Purposes at The Alabama Polytechnic Institute.

The state of Alabama is authorized to become indebted for building, construction and improvement purposes at The Alabama Polytechnic Institute at Auburn, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest bearing general obligation bonds of the state not exceeding four million five hundred thousand dollars ($4,500,000) in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of any such bonds shall, after payment of the expenses of their issuance, be set apart in a special fund in the state treasury to be designated "The Alabama Polytechnic Institute Building Bond Fund"; and such proceeds shall be used exclusively for the construction, reconstruction, alteration, and improvement of college building facilities, including the acquisition of sites and equipment for such facilities, for use by the School of Agriculture, the Agricultural Experiment Station, and the School of Veterinary Medicine of The Alabama Polytechnic Institute at Auburn; provided, that the plans and specifications for any building constructed with money from said special fund shall be approved by the Alabama building commission or any agency designated by the legislature as its successor.

The board of trustees of The Alabama Polytechnic Institute is hereby vested with full authority, except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said board at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said board in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said board under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said board that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said board, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said board is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the president pro tempore of the board of trustees of The Alabama Polytechnic Institute, and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on any of such bonds in lieu of being manually signed thereon. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature shall constitute due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The provisions of this amendment shall be self-executing and authorization from or other action of the legislature shall not be a prerequisite to the issuance of bonds hereunder.

Amendment 121 ratifiedEdit

Increasing Rate of Interest and Other Matters Relating to Bonds Issued Under Amendment No. 114.

Except as hereinafter limited, bonds which may be issued under the provisions of the amendment to the Constitution which was proposed by Act No. 125 adopted at the First Special Session of the Legislature of 1956 [1956, 1st Ex. Sess., p. 179] and which was ratified by the electors at the general election held on November 6, 1956, and proclaimed ratified on November 15, 1956 [amendment No. 114], may be executed and delivered from time to time in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal and interest or both with rights of conversion into another form, may bear interest at such rate or rates not exceeding 4% per annum payable semiannually and payable and evidenced in such manner, may contain provisions for redemption at the option of the state at such date or dates prior to their maturity and upon payment of such redemption price or prices, and may contain such other terms and conditions not inconsistent with the provisions hereof, all as may be provided in the order of the governor providing for the issuance thereof which shall be made at the time of each sale of any of said bonds. The principal of each series of said bonds shall mature in annual installments in such amounts as shall be specified in the order under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than ten years after the date of the bonds of the same series. When each series of said bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during any then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all of the said bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination in the order under which the bonds of such series are issued that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the said bonds shall be sold for less than face value plus accrued interest to the date of delivery, and all of the said bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after advertisement in a financial journal published in New York City at least one time not less than ten days prior to the date fixed for the sale, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the governor is received all bids may be rejected.

Amendment 122 ratifiedEdit

Bonds of Mobile County for Public School Buildings.

Mobile county is hereby authorized to become indebted for school building purposes and in evidence of the indebtedness so incurred, to sell and issue, in addition to all other bonds of the county, interest bearing bonds of the county not exceeding three million dollars ($3,000,000) in principal amount.

The bonds issued hereunder, together with the bonds now or hereafter outstanding under authority of amendment XVIII [18], proposed by Acts 1923, page 594, and proclaimed ratified November 15, 1924 (Proclamation Record D., page 107) and amendment C, proposed by Acts 1953, page 436, and proclaimed ratified December 28, 1953 (Proclamation Record, Volume I, page 144), together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one per centum of the assessed value of the property situated in the county which may from time to time be levied and which has been levied under amendment XVIII [18] and also from the proceeds of any tax or taxes levied under this amendment; and the board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority to continue to levy a tax in the amount authorized by said amendment XVIII [18], until all bonds issued pursuant to this amendment have been paid in full, or provision for such payment made, without again submitting the question of levying such tax and issuing such bonds to the qualified voters of Mobile county.

The proceeds from each sale of any of the bonds shall, after payment of the expenses of issuing the same, be covered into the county treasury and set apart therein in a special trust fund to be designated the "Public School Bond Fund." The money paid into such fund shall be disbursed to the custodian of county school funds, and shall be used solely for the acquisition of public school sites, for the construction, reconstruction, alteration and improvement of public school building facilities, for the procurement of equipment therefor, and for payment of obligations incurred for any of such purposes in Mobile county.

The board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof; and such county governing body is hereby specifically authorized to pledge to the payment of such bonds so much of the proceeds of any tax hereinbefore or hereafter levied pursuant to amendment XVIII [18], which has not already been pledged to the payment of other bonds of the county, and so much of the proceeds of any tax levied pursuant to this amendment as are needed for the payment of the bonds hereby authorized. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of Mobile county to be exercised by said board of revenue and road commissioners or other governing body of Mobile county at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by said county governing body in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said county governing body under which they were issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty-five years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the county the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said county governing body that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said county governing body, to the bidder whose bid reflects the lowest net interest cost to the county computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said county governing body is received all bids may be rejected.

The bonds shall be signed in the name of the county of Mobile by the chairman of the board of revenue and road commissioner or other presiding officer of the county governing body and shall be countersigned by the county treasurer, and the seal of the county, if any, or a facsimile thereof, shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the clerk of the county governing body; provided that a facsimile of the signature of any one or any two (but not all) of the officers whose signatures appear on the bonds may be reproduced on any of the bonds in lieu of being manually signed thereon. Any coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the chairman of the county governing body, which facsimile signature shall constitute sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income therefrom, shall forever be exempt from all taxation in this state.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder; provided, however, that the legislature may enact appropriate legislation, not inconsistent with this amendment, respecting the use of the proceeds from the bonds and providing for the payment of the principal thereof and the interest thereon.

Amendment 123 ratifiedEdit

Special School District Taxes in Cleburne County.

In addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, the several school districts or Cleburne county shall have the power to levy and collect a special district tax of fifty cents ($.50) on each one hundred dollars ($100) worth of taxable property in such districts for public school purposes; provided, that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election, the election to be held in the same manner as now provided by law for an election on the school district tax authorized in article XIX of the Constitution of Alabama. The funds arising from such special tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district, as the law may direct.

Amendment 124 ratifiedEdit

Special School Tax in Russell County; Tax Anticipation Bonds.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, Russell county shall have the power to levy and collect a special county-wide school tax of eight mills on each dollar's worth of taxable property in Russell county, the proceeds of which shall be used exclusively for public school purposes; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. The special tax provided for herein may be renewed from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama (1940). The county tax collector shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in such manner as to turn over to the custodian of the county school funds of Russell county the revenue derived from the tax levied on all taxable property situated outside the corporate limits of Phenix City, such revenues to be used by the county board of education for educational purposes in connection with schools located or to be located outside the corporate limits of Phenix City, and to turn over to the custodian of school funds of the city school system of Phenix City the revenue derived from the tax levied on all taxable property situated within the corporate limits of Phenix City, such revenues to be used by the city board of education for educational purposes in connection with schools located or to be located within the corporate limits of Phenix City.

In the event that any special property tax authorized herein shall be authorized by a majority of the qualified electors voting on the question at the election, the county board of education of Russell county and the city board of education of Phenix City may, at such times as to them seem necessary and proper, sell and issue their tax anticipation bonds for the purposes for which the tax was authorized, which bonds shall be in such amounts as the respective board of education shall designate and, except as otherwise provided herein, shall be subject to the provisions of the general laws now pertaining to the issuance by county and city boards of education of capital outlay warrants, and no further election shall be required for the issuance of such bonds. The revenue derived from the sale of these bonds shall be expended by the county board of education and the Phenix City board of education for public school purposes only. Any bonds issued under the authority of this amendment shall be payable solely out of the proceeds of the special property tax hereby authorized, all or any part of which may be pledged therefor. The bonds issued under the authority of this amendment shall constitute negotiable instruments, although payable from a limited source, and shall be eligible for the investment of trust funds. The bonds shall not constitute general obligations of the county and shall be in addition to all other bonds or warrants which the county or city boards of education have heretofore issued or are authorized to issue under the Constitution and laws of Alabama.

Amendment 125 ratifiedEdit

Use of Certain Special County Taxes for Hospital Care and Treatment of Indigent Residents.

The legislature may authorize the use of any portion of the proceeds of any special county tax levied for the purpose of acquiring, constructing, equipping, operating, and maintaining public hospitals, public clinics, public health centers, and related public health facilities of any kind, or for any one or more of the purposes included within the meaning of the term "public hospital purposes," for the purpose of providing hospital care and treatment for indigent residents of the county, or for the purpose of matching any state or federal funds made available for use in providing hospital care and treatment for indigent residents of the county, any provision of the Constitution to the contrary notwithstanding. Provided, however, that if any portion of the proceeds of such tax shall have been pledged to the payment of any bonds, warrants, notes, or other obligations or evidences of indebtedness, such portion of the proceeds of the tax as shall have been so pledged shall not be used for any purpose except in payment of such bonds, warrants, notes, or other obligations or evidences of indebtedness.

Amendment 126 ratifiedEdit

Certain Obligations of Municipality Having Less than 6,000 Inhabitants Not Indebtedness Within Meaning of Section 225.

Obligations hereafter incurred and securities hereafter issued for any of the following purposes and under the following circumstances by a municipality having a population of less than six thousand inhabitants shall not be deemed to constitute indebtedness of such municipality within the meaning of section 225 of this Constitution: (a) for the purpose of acquiring, providing or constructing sanitary or storm water sewers, or street or sidewalk improvements, the cost of which, in whole or in part, is to be assessed against the property drained, served or benefited by such sewers or abutting such improvements; or (b) for the purpose of acquiring, providing or constructing school houses, provided that there shall be pledged for payment of the principal of and interest on such obligations or securities a tax which the governing body of such municipality shall have determined, upon the basis of its estimate of the revenues from said tax, will be sufficient to pay said principal and interest at their respective maturities.

Amendment 127 ratifiedEdit

Court Costs and Fees, Allowances, etc., of Officers of Walker County.

The legislature may, from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Walker county, and the method of disbursement thereof. Also, the legislature may, from time to time, by general or local laws, fix, alter, and regulate the costs, charges, fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, sheriff, circuit clerk, register of the circuit court, tax assessor, and tax collector of Walker county, or any other county officer on a fee basis, and may place any of such officers on a salary, and provide that the costs, charges, fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries and office expenses shall be paid.

Amendment 128 ratifiedEdit

Economic Development of Bullock County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Bullock county shall have full and continuing power and authority to do any one or more of the following, provided that such action is first approved by a majority of the qualified electors of the county who vote at an election held for such purpose.

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association, or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 9 of this amendment) be issued upon the full faith and credit of the county or may be limited as to the source of their payment.

7. To levy and collect, in addition to all other taxes now authorized or permitted, a special county privilege license tax or taxes of not exceeding one percent paralleling the state sales and use taxes imposed by chapter 20 of Title 51, Code of Alabama (1940) as amended.

8. To construct a dam or system of dams, and to acquire a site or sites therefor, on any public stream flowing within the county for the purpose of impounding waters to be used in irrigation projects, or in generating hydroelectric power, or in providing recreational facilities, or for other purposes, and to accept any funds by way of gift, grant, or loan from the federal government, or any agency or instrumentality thereof, for the purpose of constructing such dam or system of dams.

9. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

10. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Bullock county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Bullock county for the purpose of determining the borrowing capacity of such county under section 224 of the Constitution.

This amendment shall be self-executing; but the legislature shall have the power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Amendment 129 ratifiedEdit

Additional Property Taxes in School Districts of Tallapoosa County.

In addition to any taxes now authorized by the Constitution and laws of Alabama, the governing body of Tallapoosa county shall have the power to levy and collect in any school district in the county a special district tax not to exceed three-fourths of one percent (3/4 %) on the value of the taxable property within such district for school purposes; provided that the levying of such tax and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and approved by a majority of those voting at such election. The election shall be called, held, conducted and canvassed and may be contested as in the case of three-mill school tax elections held pursuant to chapter 10, article 7, Title 52, Code of Alabama of 1940. All funds arising from the special school tax levied in any district of the county shall be expended for the exclusive benefit of that district as the law may direct. Provided, however, that such tax shall not apply to any property which is subject to an additional municipal tax for school purposes, in the same or a greater amount, levied pursuant to the authority of amendment LVI [56] to the Constitution of Alabama, so long as such municipal tax is levied and collected.

Amendment 130 ratifiedEdit

Special Tax by School Districts of Colbert County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Colbert county, Alabama shall have the power to levy and collect a special district tax of fifty cents on each one hundred dollars worth of taxable property in such districts for school purposes; provided, that the levying of such tax and the time during which it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election; and further provided that such election shall be held in the same manner as now provided for an election on the school district tax authorized in article XIX of the Constitution of Alabama; and be it further provided that the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct.

Amendment 131 ratifiedEdit

Special Property Tax for Educational Purposes in Butler County.

The court of county commissioners, board of revenue, or like governing body of Butler county shall levy and collect a special property tax, in addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one percent on the value of the property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election. The special tax provided for herein may be reduced from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy a tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama (1940). The tax shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected.

Amendment 132 ratifiedEdit

Altering Boundaries, Reducing Area or Abolishing Macon County.

The legislature may, with or without the notice prescribed by section 106 of this Constitution, by a majority vote of each house, enact general or local laws altering or re-arranging the existing boundaries, or reducing the area of, or abolishing, Macon county, and transferring its territory, or any part thereof, its jurisdiction and functions, to contiguous counties. Toward this end, there shall be a committee composed of the senators and representatives who now represent the counties of Bullock, Elmore, Lee, Macon, Montgomery, and Tallapoosa in the legislature, to study and determine the feasibility of abolishing Macon county or reducing its area, and to formulate the legislation deemed necessary for such purpose. The committee shall select a chairman and a vice-chairman from among their number, shall meet on the call of the chairman, and shall report its findings, conclusions, and recommendations to the legislative council on or before the first Friday in October, 1958; and the legislative council shall submit such report and any legislation proposed by the committee to the legislature at the 1959 regular session thereof. The committee shall be discharged upon the filing of its report with the legislative council. Committee members shall be entitled to receive an amount equal to their regular legislative per diem and allowances for each day they serve, not to exceed fifty days altogether. The committee may employ such engineering, technical, clerical, and Stenographic personnel as may be necessary for the conduct of its work, and may fix their compensation. The compensation and expenses of the committee and its employees, and the other necessary expenses incurred by the committee, shall be paid from any money in the state treasury not otherwise appropriated, on requisitions certified by the committee chairman; provided, that the aggregate amount to be expended by the committee shall not exceed the sum of fifty thousand dollars.

Amendment 133 ratifiedEdit

License, Excise, etc., Taxes on Wages or Salaries by Municipal Corporations in Walker County.

No municipal corporation in Walker county, Alabama shall have power or be authorized to levy, impose, assess, or collect any license, excise, tax, or fee on the right to work for wages or on salary in the service of an employer; and any such levy heretofore made shall be null and void.

Amendment 134 ratifiedEdit

Costs and Charges of Courts and Compensation of Officers of DeKalb County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in DeKalb county and the fees, commissions, percentages, allowances, and salary, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, register, and circuit clerk of DeKalb county, including the right to place any of such officers on a salary and provide for the fees charged or collected by them to be paid into the treasury from which their salaries are paid.

Amendment 135 ratifiedEdit

Fees, Allowances, etc., of Judge of Probate and Other Officers of Madison County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the fees, commissions, percentages, costs, allowances, and compensation to be charged or received by the judge of probate or any other officer of Madison county, and may place such officer on a salary, and provide that the fees, commissions, percentages, costs, and allowances collected by such officer shall be paid into the county treasury from which his salary shall be paid.

Amendment 136 ratifiedEdit

Compensation, Allowances, etc., of Officers of Colbert County.

The legislature may hereafter, from time to time, by general or local laws, fix, regulate, and alter the costs and charges of courts, and the fees, commissions, percentages, allowances, or salaries to be charged or received by any officer of Colbert county, including the method and basis of fixing and paying their compensation; provided, that no county officer's compensation shall be increased or diminished during the term for which he shall have been elected or appointed.

Amendment 137 ratifiedEdit

Costs and Charges of Courts and Fees, Allowances, etc., of Officers of Cullman County.

The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Cullman county, and the fees, commissions, percentages, allowances, and compensation of any officer of Cullman county, and may change the method or basis of compensating any officer of Cullman county, including the power to place any such officer on a salary and to provide for the fees, commissions, percentages, or allowances collectible by such officer to be paid into the treasury from which his salary is paid.

Amendment 138 ratifiedEdit

Fees, Allowances, etc., of Officers of Dallas County.

The legislature may hereafter from time to time, by general or local laws, fix, alter and regulate the fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, tax assessor, tax collector, sheriff, coroner, register in chancery, circuit clerk, clerk-register, and members of the court of county commissioners, board of revenue, or like governing body of Dallas county. The legislature shall also have the power and authority to place any of such officers on a salary and to provide that the fees, commissions, percentages, and allowances collected by such officers shall be paid into the county treasury from which their salaries shall be paid. The compensation of any such officer may be increased but not diminished, during the term for which he was elected or appointed, the provisions of any article or amendment of this Constitution to the contrary notwithstanding. Amendment XLVI [46] is hereby expressly repealed. The basis of compensation of all employees of Dallas county and of the above named officers heretofore fixed pursuant to authority of amendment XLVI [46] and in effect August 1, 1957, shall continue in force until otherwise fixed, altered or regulated by the legislature of Alabama by general or local laws.

Amendment 139 ratifiedEdit

Costs and Charges of Courts in Montgomery County.

The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of courts in Montgomery county, and the method of disbursement thereof.

Amendment 140 ratifiedEdit

Special, Private or Local Laws Relating to Lauderdale County and Municipalities Therein.

The legislature shall not pass a special, private, or local law changing the form of government of Lauderdale county or of any city, town, village, district, or other such political subdivision of the county, or abridge the term of any elected officer thereof, by the abolition of his office or otherwise, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county, city, town, village, district, or other political subdivision of the county, at an election held for such purpose, in the manner prescribed by such law.

Amendment 141 ratifiedEdit

Bond Issue for Mental Hospital at University of Alabama Medical Center.

The state is authorized to become indebted and to issue interest bearing bonds, in addition to those heretofore authorized and sold, in an aggregate principal amount not exceeding $3,000,000. The proceeds derived from the sale of said bonds shall be used solely for the purpose of paying the expenses incurred in the sale and issuance thereof and for the construction and equipment of a hospital building to constitute a part of the University of Alabama Medical Center, and to be used for the care and treatment of mental patients and for training of medical students in the field of mental illness. Said bonds shall be sold only at a duly advertised public sale or sales, upon sealed bids or at auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds offered for sale, and shall be sold at not less than their face value plus accrued interest thereon. Said bonds shall be direct general obligations of the state and for the prompt and faithful payment of the principal thereof and interest thereon the full faith and credit of the state are hereby irrevocably pledged. In addition thereto, there is hereby specifically and irrevocably pledged for payment of the principal of and interest on said bonds, pro rata and without priority of one bond over another by reason of prior issuance or otherwise, so much as may be necessary for said purpose of those portions of the state taxes on the sale of spirituous or vinous liquors and of the state license taxes on those selling, storing or receiving for distribution malt or brewed beverages that are required by law on the date of the adoption of this amendment to be paid into the Alabama special mental health fund. The said special pledge shall create a charge on the tax proceeds herein specially pledged prior to all other charges or expenses for mental health purposes or any other purposes whatsoever. The bonds issued under this amendment and the income therefrom shall be exempt from all taxation in the state of Alabama. The legislature shall adopt appropriate enabling legislation to carry out the intent and purpose of this amendment.

Amendment 142 ratifiedEdit

Laws Placing Responsibility for County Roads in State Highway Department.

The legislature shall not hereafter by general, special or local law authorize the state highway department or any other agency of the state of Alabama, other than a court of county commissioners, board of revenue or like county governing body, to assume responsibility for the construction, repair or maintenance of all county roads or bridges within a county unless the assumption of such responsibility by the state highway department or other agency shall be approved by a vote of the duly qualified electors of the county in which such roads lie at an election held for such purpose, in the manner that may be prescribed by law. Provided, the state highway department, or other state agency may engage in the construction, repair or maintenance of a county road or bridge upon written agreement signed by the director and a majority of the members of the county governing body; and provided further that the legislature is not prohibited from authorizing the highway director or other state agency to designate certain routes or roads within a county as a part of the state highway system.

Amendment 143 ratifiedEdit

Special Property Tax in Barbour County.

The court of county commissioners, board of revenue, or like governing body of Barbour county may levy each year hereafter, in lieu of the tax levy authorized by the first proviso of section 215, article XI of the Constitution, a special county tax on the taxable property within the county at a rate not to exceed twenty-five cents on each one hundred dollars worth of taxable property in such county, to pay any debt or liability incurred for the erection of a new county courthouse, for the construction, repair, and maintenance of other necessary public buildings, and for general county purposes; provided, that the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election. The election shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.

Amendment 144 ratifiedEdit

Laws Changing Form of Government of Colbert County or Municipalities Therein or Changing Term of Office, Compensation, Allowances, etc., of Officers Thereof.

The legislature shall not pass a special, private, or local law changing the form of government of Colbert county or of any city, town, village, district, or other such political subdivision of the county, or abridging the term of any officer thereof, by the abolition of his office or otherwise, or increasing or decreasing or altering the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during the term for which he was elected or appointed, or at any time, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county, city, town, village, district, or other political subdivision of the county, at an election held for such purpose, in the manner prescribed by such law. Nor shall the legislature authorize the governing body of Colbert county or of any political subdivision thereof to increase or decrease or alter the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during his term, or at any time, unless the operation of the law providing therefor shall be approved by a vote of the duly qualified electors of the county or city, town, village, district, or other political subdivision of the county affected thereby, at an election held for such purpose, in the manner prescribed by such law.

Amendment 145 ratifiedEdit

Special Tax in School Districts of Coosa County.

The several school districts of Coosa county shall have power to levy and collect a special district school tax not exceeding fifty cents on each one hundred dollars worth of taxable property in such district, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election. The special district tax authorized by this amendment shall be in addition to all other school district taxes authorized by law. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by law for elections on the special county school tax authorized in amendment III [3] to the Constitution. The revenue derived from the tax shall be used exclusively for the support and furtherance of education and for constructing and equipping school buildings and acquiring sites therefor.

Amendment 146 ratifiedEdit

Special Property Tax for Educational Purposes in DeKalb County.

The court of county commissioners, board of revenue, or like governing body of DeKalb county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of seven and one-half mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, provided that the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election; and, provided further, that the total of all taxes levied for educational or school purposes in any school district of the county shall not exceed a total of fourteen and one-half mills on each dollar's worth of taxable property located in the district. If any proposal to levy the tax is defeated in any election, subsequent elections thereon may be held at any time. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama, by article 7, chapter 10, Title 52, Code of Alabama (1940). The tax shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected. The proceeds of the tax authorized by this amendment shall be used exclusively for educational purposes, provided that the revenue derived from four and one-half mills of the total rate of taxation authorized herein shall be devoted only to purposes of capital outlay, and the revenue derived from the remaining three mills shall be devoted to current operating expenses.

Amendment 147 ratifiedEdit

Special Property Tax for Educational Purposes in Lee County and City of Opelika.

The court of county commissioners, board of revenue or like governing body of Lee county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the corporate limits of Auburn and Opelika, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the corporate limits of Auburn and Opelika, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Auburn and Opelika shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the corporate limits of Auburn and Opelika shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the corporate limits of Auburn and Opelika.

The city of Opelika shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the corporate limits of the city, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on property situated within the corporate limits of Opelika shall be ordered and held in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The additional tax, authorized by this amendment to be levied on property situated within the corporate limits of Opelika, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property by the city of Opelika are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the limits of the city of Opelika.

If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.

Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the city of Auburn.

This amendment shall be self-executing.

Amendment 148 ratifiedEdit

Special Property Tax for Educational Purposes in City of Auburn.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, the city of Auburn shall have the power to levy and collect a special property tax, at a rate of not exceeding one-half of one per cent in any one year, on the value of the property in the city, as assessed for state taxation during the preceding year, the proceeds of which tax shall be used exclusively for the support and furtherance of education but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for educational purposes. Any such pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness. Before any such tax may be levied, the maximum rate of such tax, the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city of Auburn and voted for by a majority of such electors voting at such election. The maximum rate, the purpose or purposes and the duration of such special tax provided for herein may be renewed, extended, revoked, or amended from time to time by like vote of the qualified electors of the city of Auburn; provided, however, that no revocation or amendment shall be effective as to any tax pledged to the payment of any bonds, warrants, or other evidences of indebtedness. If any proposal to levy a tax is defeated in any election, subsequent elections thereon may be held at any time. Each election held under the provisions hereof shall be ordered, held, paid for, canvassed and may be contested in the same manner as is or may be provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds.

Amendment 149 ratifiedEdit

Special Tax in School District No. 1 of Madison County.

In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, a special tax of five mills on each dollar's worth of taxable property situated in school district no. 1, of Madison county, is hereby authorized, the proceeds of which shall be used exclusively for public school purposes within the said district.

If in the election on this amendment the amendment receives the favorable vote of a majority of the qualified electors of the district who vote hereon, a special tax of five mills shall be collected in the district, as other special school district taxes are collected, for the tax year ending September 30, 1959, and for each succeeding tax year thereafter until the tax is repealed as herein provided.

If in the election on this amendment a majority of the qualified electors of the district who vote hereon vote against the amendment, the special tax hereby authorized may be levied only if the question of levying the tax, and the purpose thereof, shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of the electors participating in the election. The election shall be called, held, conducted, and governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), which governs elections on special school district taxes; and the tax hereby authorized shall be levied and collected in the district as other special school district taxes are levied and collected. If the proposal to levy the tax is defeated in any such election, it may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of at least one year thereafter, such proposal may be resubmitted to the qualified electors of the district.

After the special tax authorized hereby has been levied, the court of county commissioners, board of revenue or like governing body of Madison county, upon receipt of a petition signed by not less than twenty per cent of the qualified electors who reside in the district, must call an election at which the question of the repeal of the tax, upon payment of all obligations then outstanding, if any, shall be submitted to the qualified electors of the district. Should a majority of the qualified electors participating in this election vote for the repeal of the tax, it shall cease immediately upon the payment in full of all outstanding pledges, if any, against it. Should a majority of the electors participating in the election vote against repeal, the question of repeal may not again be submitted to a vote for one year; but after the expiration of one year, and at intervals of at least one year thereafter, upon receipt of a petition signed by not less than twenty per cent of the qualified electors residing within the district, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the district.

The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by article 7, chapter 10, Title 52, Code of Alabama (1940), for an election on the special district school taxes authorized by amendment III [3] to the Constitution of Alabama. The collection of the tax shall also be governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), and the proceeds shall be used exclusively for public school purposes within the district.

This amendment shall be self-executing.

Amendment 150 ratifiedEdit

Pension or Retirement System in Mobile County and Municipalities Therein.

The legislature may hereafter, by general, local, or special laws, provide for the establishment of a pension or retirement system or systems for the benefit of public officers of Mobile county and the officers of incorporated municipalities within the county, any provision of the Constitution to the contrary notwithstanding, and may provide for the retirement of such officers on pay or part pay. But any such law shall not become operative until it is first approved by a majority of the qualified electors of the county, or of the municipality affected thereby, voting in a referendum election held for that purpose.

Amendment 151 ratifiedEdit

Bonds of Mobile County for Schoolhouses and Hospitals.

Mobile county is hereby authorized to issue its bonds not exceeding $3,000,000 in principal amount for the purpose of acquiring, providing, and constructing capital improvements in the county of which not exceeding $1,000,000 aggregate principal amount shall be issued to pay the costs of acquiring, providing, and constructing public schoolhouses in the county and of which not exceeding $2,000,000 aggregate principal amount shall be issued to pay the costs of acquiring, providing, and constructing public hospital buildings in the county, provided, that the aggregate principal amount of any series of bonds at any time issued hereunder, when added to the aggregate principal amount of all bonds then outstanding that are payable from or secured by the special annual ad valorem tax authorized in amendment XVIII [18] of the Constitution of Alabama, shall not exceed six and one-half percentum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the state tax year next preceding the issuance of such bonds hereunder; provided, further, that any bonds may be issued hereunder only after the question of the issuance of such bonds shall have been submitted to the qualified electors of Mobile county at an election called for that purpose by the governing body of said county, at which a majority of said qualified electors voting at said election shall have voted in favor of the issuance of such bonds, any such election to be called, held, conducted, and canvassed, and notice thereof to be given, in the manner provided by the then existing general laws of Alabama with respect to elections on the issuance of bonds by counties; provided, however, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this constitutional amendment shall vote for adoption of this amendment, then the approval of this constitutional amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for herein and in that event no additional election by the voters of Mobile county shall be required to authorize the issuance of said bonds. In the event that the majority vote at any election held hereunder is not in favor of the issuance of the bonds proposed at such election, the governing body of Mobile county may from time to time call other elections hereunder on the issuance of such bonds but not more than one such election shall be held during any period of twelve months.

The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, at the respective maturities of such principal and interest, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties.

For payment of the principal of and interest on any bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in said amendment XVIII [18] at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax, shall not exceed one-half of one per centum (1/2 of 1%) of the assessed valuation of taxable property in the county.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.

Amendment 152 ratifiedEdit

Amendment of Amendment No. 18.

Amendment XVIII [18]. Mobile county may at any time and from time to time issue its bonds for construction and improvement, or either, of hard surfaced roads, hard surfaced bridges, and surface water drainage facilities, or any thereof, in said county and, to provide for payment of the principal of and interest on such bonds, may levy and collect a special annual ad valorem tax on the taxable property in said county at a rate not exceeding one-half of one per centum (1/2 of 1%) of the assessed valuation of the taxable property in said county; provided, that the total principal amount of each series of bonds at any time issued hereunder, when added to the principal amount of all then outstanding bonds theretofore issued hereunder and of all then outstanding bonds theretofore issued under any other constitutional amendment that are payable from or secured by the said special tax, shall not exceed six and one-half per centum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the then preceding state tax year; provided, further, that the rate of the said special tax levied for payment of the bonds at any time issued hereunder and all other bonds at any time issued pursuant to any other constitutional amendment and payable out of or secured by said special tax shall not exceed said rate of one-half of one per centum (1/2 of 1%) hereinabove specified; and provided, further, that any bonds may be issued hereunder and said special tax for payment thereof may be levied and collected only after a majority of the qualified electors of said county voting at an election called for that purpose by the governing body of said county shall have voted in favor of the issuance of such bonds and the levy of such tax therefor. Each such election shall be called, held, conducted, and canvassed, and notice thereof shall be given, in the manner provided by the general laws of Alabama respecting elections on the issuance of bonds by counties, as such laws may exist at the time such election is called; provided, that prior to the holding of any election hereunder, the governing body of Mobile county shall cause to be prepared engineering maps and reports respecting the proposed work on roads, bridges and drainage facilities, or any thereof, shall adopt a resolution containing a brief description, including the name if any, of each proposed item of construction or improvement, a statement of the length or location of each such item and of the estimated cost thereof, and a statement of the total amount of the bonds proposed to be issued for all work of construction or improvement described in said resolution, and shall cause said resolution to be published in a newspaper published in the county one time not less than thirty days before such election. Any number of items of construction or improvement may be described in one resolution; and the question of the issuance of bonds and the levy and collection of said tax with respect to all of the work described in each resolution shall be submitted to the voters in one single proposition at any election held hereunder. Any number of such resolutions may be adopted on the same day, and any number of propositions may be submitted to the voters on the same day. Each engineering report prepared in accordance with the provisions hereof shall be accompanied by a certificate of the engineer preparing such report that the material proposed to be used for any road or bridge work described in such report meets the then existing specifications of the Alabama highway department applicable to the same type of construction or improvement.

The limitation of six and one-half per centum (6 1/2 %) of the assessed value of taxable property in the county, hereinabove provided for, is applicable only to the amount of bonds that may be outstanding immediately following the delivery of each series of bonds issued hereunder and shall not restrict the total amount of bonds that may be from time to time issued hereunder.

The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, so much of the said special tax as may be necessary to pay said principal and interest at their respective maturities. Each such pledge of the special tax made for the benefit of the bonds issued hereunder shall be on a parity with all valid pledges of said special tax theretofore or thereafter made for the benefit of bonds issued hereunder or under any other constitutional amendment, to such extent as shall not impair the obligations of any then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama respecting the sale, execution, issuance, and redemption of bonds by counties, as such laws may exist at the time of the delivery of such bonds.

The provisions of this amendment shall be self-executing, and the enactment of local legislation shall not be a prerequisite to the taking of any action hereunder by the said county and its governing body; and no local legislation at any time adopted with respect to this amendment shall be effective, and all such local legislation is hereby repealed.

Amendment 153 ratifiedEdit

Special Tax for School Purposes in Winston County.

The court of county commissioners, board of revenue, or other like governing body of Winston county shall have power to levy and collect a special county tax not exceeding fifty cents on each one hundred dollars worth of taxable property in such county in addition to taxes now authorized or that may hereafter be authorized for public school purposes, and in addition to that now authorized under section 260 of article XIV and amendment III [3] of the Constitution; provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county, and voted for by a majority of those voting at such election. The election provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the special county school tax authorized in amendment III [3] to the Constitution of Alabama.

Amendment 154 ratifiedEdit

Nonresidents Making Mortgage Loans Through Licensed Mortgage Loan Brokers.

Section 1. Any corporation which is not organized under the laws of this state and has no place of business in this state may take and hold mortgages on real property located within this state, deposit the proceeds thereof in a bank account, or bank accounts, in this state, collect the debts secured thereby and may appoint a custodian or collection agent, who must be duly licensed under the laws of this state, to engage in the business of mortgage loan broker, to hold for such non-resident such securities, collect such debts, manage any property acquired by foreclosure thereof, sell and dispose of any property acquired by foreclosure thereof and enforce the provisions of such mortgages and no such foreign corporation shall be deemed to be doing business in this state solely by reason of doing any or all of the acts designated herein; provided, however, that any custodian or agent appointed under the provisions of this amendment by any such foreign corporation shall pay all applicable municipal license taxes and shall pay an occupational license tax as mortgage loan broker to the state of Alabama of one hundred dollars ($100.00) for the first year that such broker represents each such foreign corporation and five dollars ($5.00) annually for representing each such foreign corporation thereafter. Any foreign corporation which engages in any of the acts prescribed in this section may sue or be sued in this state in relation to any such mortgages held by it, or real property, securities or debts acquired by it and service of process may be perfected upon such foreign corporation by service upon any resident licensed mortgage loan broker appointed as custodian or agent by such corporation in this state.

Section 2. No foreign corporation, which does no other acts in this state than those provided in section 1 hereof, shall be required to pay any franchise tax, qualification fee, permit fee, nor shall it be required in any other way to qualify to do business in this state.

Section 3. This amendment shall be self-executing, but the legislature may, by general act, make provision for enforcement thereof and provide penalties for the violation thereof.

Amendment 155 ratifiedEdit

Economic Development of Municipality of Uniontown.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the municipality of Uniontown in Perry county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bond, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality of Uniontown, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the municipality of Uniontown in Perry county, or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the municipality of Uniontown in Perry county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the municipality of Uniontown in Perry county for the purpose of determining the borrowing capacity of the county under section 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in section 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. The municipality of Uniontown in Perry county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the municipality. The governing body of the municipality may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.

Amendment 156 ratifiedEdit

Special Property Tax for Educational Purposes in School District No. 2 of Randolph County.

The city of Roanoke shall have the power to levy and collect in school district no. 2 of Randolph county a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not more than one-half of one percent on the value of the property situated in the district as assessed for state taxation during the preceding year; provided that all such additional property taxes shall be levied and collected solely for educational purposes and may be pledged to the payment of the principal and interest on bonds, warrants, or other evidences of indebtedness issued for educational purposes, and provided, further, that the rate of such tax and the purpose or purposes thereof and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of such district and voted for by a majority of those voting at the election. Each election held under the provisions of this amendment shall be ordered, held, conducted, paid for, and governed otherwise in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. Elections to authorize the levy of such additional tax or taxes may be held as often as ordered by the governing body of the city of Roanoke, but when a proposition is submitted to the electors to levy such additional tax, and such proposition is defeated, then no subsequent election shall be held hereunder in the district for a period of one year thereafter.

The revenue derived from the additional tax authorized by this amendment shall be used solely for the construction of schools and other educational purposes in school district no. 2 of Randolph county.

This amendment shall be self-executing.

Amendment 157 ratifiedEdit

Bonds for Construction and Improvement Purposes at University of Alabama Research Institute.

The state of Alabama is authorized to become indebted for building, construction and improvement purposes at the University of Alabama Research Institute at Huntsville, and in evidence of the indebtedness so incurred to sell and issue, in addition to all other bonds of the state, interest-bearing general obligation bonds of the state not exceeding three million dollars in principal amount. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of such bonds are hereby appropriated and shall be used exclusively for the acquisition of lands, and to provide funds to be used for construction and equipment of a research institute; provided that the expenses incurred in connection with the sale and issuance of the bonds may also be paid from such proceeds.

The board of trustees of the University of Alabama is hereby vested with full authority, except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said board at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the said board in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said board under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided that the determination by the said board that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said board, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said board is received all bids may be rejected.

The bonds shall be signed in the name of the state by the governor and countersigned by the president pro tempore of the board of trustees of the University of Alabama and the great seal of the state of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided that facsimile signatures of any one or any two (but not all) of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the state treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from taxation in this state.

The proceeds from the sale of bonds hereby authorized, after the payment of all expenses of the sale thereof shall be set apart in a special trust fund in the state treasury to be designated the University of Alabama Research Institute bond fund; and such proceeds shall be used solely for the purposes, hereinabove enumerated, for which the bonds are authorized to be issued; provided that the plans and specifications for any building constructed with moneys from said special fund shall be approved by the Alabama building commission or any agency designated by the legislature as its successor.

The provisions of this amendment shall be self-executing and no further authorization from the legislature shall be a prerequisite to the validity of any bonds issued hereunder.

Amendment 158 ratifiedEdit

Bond Issue to Assist in Construction and Equipment of Hospitals, etc.

(a) Notwithstanding anything contained in the Constitution of the state of Alabama, or any amendment thereto heretofore adopted, the governor shall from time to time issue negotiable interest bearing bonds for the purposes and in the manner and subject to the limitation stated in this amendment. The bonds shall be general obligations of the state of Alabama and the full faith and credit and taxing power of the state are hereby pledged to the punctual payment of the bonds and the interest thereon. The aggregate principal amount of all bonds issued hereunder shall not exceed two million ($2,000,000) and they shall mature within ten years from the date of issuance. It is further provided that not more than one million dollars ($1,000,000) shall be issued during the biennium ending September 30, 1963, and that the additional one million dollars ($1,000,000) shall be issued in the ensuing biennium.

The proceeds from the sale of such bonds are hereby appropriated and shall be used solely for the construction and equipping of hospitals, health centers, and related facilities pursuant to Act No. 211, General Acts of Alabama 1945, page 330, and approved July 7, 1945; and Act 287, General Acts of Alabama 1945, page 474, approved July 7, 1945; and Act No. 46, General and Local Acts 1949, page 68, approved June 2, 1949; as said acts are now or may hereafter be amended; and such facilities established and operated by the corporate authorities of a city or town, or a county governing body under the provision of Code of Alabama, Title 22, section 189, as same is now or may hereafter be amended; or any act supplemental thereto or amendatory thereof. The funds provided hereby shall be used for construction and equipping facilities under contracts which have been or are let on or after July 1, 1961; shall be used to match federal funds available for hospital, health center, and related medical facilities provided under Public Law 725, 79th Congress and Public Law 482, 83rd Congress, as said public laws are now or may hereafter be amended; and that the local governments in the area where each hospital, health center, or related medical facility is to be constructed or equipped shall contribute at least as much money for the construction and equipping as does the state; and provided further that the state shall not contribute more than one hundred thousand dollars ($100,000) for any facility included within the scope of this amendment.

In determining where a hospital, health center, or related medical facility to be constructed with funds appropriated herein shall be located, consideration shall be given to the communities on the basis of relative need. Counties receiving prior allotments hereunder shall not be precluded from receiving an additional allotment for other facilities at the discretion of the state board of health. A sum not to exceed sixty thousand dollars ($60,000) may be used by the state board of health from the proceeds of the sale of said bonds for administering the provision of this amendment.

(b) All bonds hereunder and the interest thereon shall be payable from any funds in the state treasury not otherwise appropriated. The bonds may be executed and delivered from time to time in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal and interest or both with rights of conversion into another form, may contain provisions for redemption at the option of the state at such date or dates prior to their maturity and upon payment of such redemption price or prices, and may contain such other terms and conditions not inconsistent with the provisions hereof, all as may be provided in the order of the governor providing for the issuance thereof which shall be made at the time of each sale of any of said bonds. The principal of each series of said bonds shall mature in annual installments in such amounts as shall be specified in the order under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than ten years after the date of the bonds of the same series. When each series of said bonds is issued, the maturities of the bonds of that series shall, to the extent as may be practicable, be so arranged that during any then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature of all of the said bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination in the order under which the bonds of such series are issued that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected thereby. None of said bonds shall be sold for less than face value plus accrued interest to the date of delivery, and all of said bonds shall be sold at public sale or sales, either sealed bids or at public auction, after advertisement in a financial journal published in New York at least one time not less than ten days prior to the date fixed for the sale, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the governor is received all bids may be rejected.

Amendment 159 ratifiedEdit

Continuity of Legislature in Event of Enemy Attack.

The legislature may provide for the continuity of the legislature of the state of Alabama and the representation therein of each of the political subdivisions of the state in the event of an attack by an enemy of the United States, by providing for the selection of emergency interim legislators who shall be designated for temporary succession to the powers and duties but not the office of a legislator in case of such emergency. Such emergency interim legislator may serve only when the legislator in whose stead he is authorized to serve has died or is unable temporarily for physical, mental or legal reasons to exercise the powers and discharge the duties of his office, and until such time as the elected legislator is able to resume the duties of his office, or in case of a vacancy in such office a successor has been elected in accordance with section 46 of this Constitution.

Amendment 160 ratifiedEdit

Issuance of Revenue Securities by Institutions of Learning.

Revenue bonds and other securities at any time issued by or on behalf of any state university, college or institution of learning for the purpose of acquiring, constructing and equipping any new building or facility or for the purpose of enlarging, extending or improving any existing building or facility shall not be deemed to constitute debt of the state within the meaning of section 213, as amended, of the Constitution, if by their terms such bonds or other securities are not made a charge on the general credit or tax revenues of the state but are made payable solely out of revenues derived from the operation of any existing building or buildings or facility or facilities as well as from the new building or facility to be acquired or constructed with the proceeds thereof or from the enlargements, extensions or improvements to any existing building or facility to be acquired or constructed with the proceeds thereof.

Amendment 161 ratifiedEdit

Board of Trustees of Auburn University.

Section 1. Auburn University, formerly called the Alabama Polytechnic Institute, shall be under the management and control of a board of trustees. The board of trustees shall consist of two members from the congressional district in which the institution is located, one from each of the other congressional districts in the state as the same were constituted on the first day of January, 1961, the state superintendent of education, and the governor, who shall be ex officio president of the board. The trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office for a term of twelve years, and until their successors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quadrennially. Vacancies occurring in the office of trustees from death or resignation shall be filled by the governor, and such appointee shall hold office until the next meeting of the legislature. The members of the board of trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be appointed as herein required. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. No employee of Auburn University shall be eligible to serve on its board of trustees.

Section 2. Section 266 of article 14 of the Constitution of Alabama 1901 is hereby repealed.

Amendment 162 ratifiedEdit

Additional Tax for School Purposes in Baldwin County

Section 1. The court of county commissioners, board of revenue, or other like governing body of Baldwin county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.

Amendment 163 ratifiedEdit

License Taxes for School Purposes in Bullock County.

The court of county commissioners, board of revenue or other like governing body of Bullock county may, to raise revenue for support of the public schools within the county, fix and collect license taxes for any business, trade, occupation or profession engaged in or carried on within the county, provided the rate of such licenses, the time they are to be continued and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Such elections shall be held in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same. Provided that such governing body of Bullock county shall not levy a privilege or license tax on any business or occupation on which a privilege or license tax is levied by sections 176-180, and 182-186 of Title 51 of the Code of Alabama 1940, as amended and in effect at the date of adoption of this amendment.

Amendment 164 ratifiedEdit

Special Property Tax for Educational Purposes in Tuscaloosa County.

Section 1. The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa.

Section 2. The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the territory and voted for by a majority of those voting at the election. Except as herein otherwise provided, elections on proposals to levy this tax on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be ordered and held in the same manner as provided by the law applicable to elections on school district taxes. The additional tax, authorized by this amendment to be levied on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property in the city of Tuscaloosa are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa.

Section 3. If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at intervals of not less than one year.

Section 4. The special school tax herein authorized shall be effective for a period of thirty years.

Section 5. This amendment shall be self-executing, and no enabling legislation shall be necessary.

Amendment 165 ratifiedEdit

Use of Special School Tax Funds, Refunding of Bonds, etc., in Calhoun County.

Any funds derived from the voted special school taxes levied in certain cities and school districts in Calhoun county under the provisions of that certain amendment to the Constitution proposed by Act No. 587 enacted at the 1947 regular session of the legislature of Alabama [Amendment No. 68] that are not needed to pay debt service on bonds issued under said amendment, or to comply with any other covenants contained in proceedings authorizing the issuance of such bonds, may, to such extent as the governing body of the political subdivision or agency entitled thereto may determine are excess of the amount then needed for the specific public school purpose for which said taxes were voted, be used for public school purposes generally. Any bonds which are now outstanding or which may hereafter be issued under the provisions of said amendment or this amendment may at any time and from time to time be refunded, whether before, at or after the maturity of the bonds refunded, by the issuance of new bonds, payable from the same sources as those refunded, in a principal amount sufficient to pay said bonds so refunded and any premium necessary to redeem, pay, purchase or otherwise retire said bonds; and bonds may be issued for the combined purpose of so refunding any such bonds and obtaining funds for acquiring, constructing and improving public school buildings, including sites therefor. Notwithstanding the fact that they may be payable solely from a specified source, all bonds hereafter issued under the provisions of said amendment or this amendment shall be negotiable instruments within the meaning of the negotiable instruments law of Alabama if they otherwise possess all the characteristics of negotiable instruments under the laws of Alabama and shall be legal investments for trust funds. Bonds authorized to be issued hereunder shall be issued in the same manner and by the same respective political subdivisions as those authorized to be issued under said amendment proposed by said Act No. 587 [Amendment No. 68] and may be so issued without the necessity of any further election. No bonds issued hereunder shall be chargeable against the constitutional debt limit of the political subdivision by which they are issued.

Amendment 166 ratifiedEdit

Special Property Tax for Acquiring, etc., Vocational Trade School and for Rural and Industrial Development in Chilton County.

Section 1. The court of county commissioners, board of revenue, or like governing body of Chilton county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar's worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes.

Section 2. In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Chilton county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Chilton county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.

Section 3. The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action.

Section 4. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 167 ratifiedEdit

Additional Tax for School Purposes in Choctaw County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Choctaw county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.

Amendment 168 ratifiedEdit

Additional Tax for School Purposes in Clarke County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Clarke county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of Clarke county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.

Amendment 169 ratifiedEdit

Special School Tax in Clay County.

Section 1. If authorized at an election held for such purpose, the governing body of Clay county may levy and collect a special county tax at a rate not exceeding one-half of one percent on the value of the taxable property within the county as assessed for state taxation, the proceeds of which shall be used exclusively for public school purposes.

Section 2. An election shall be ordered by the county governing body to determine whether or not a special tax shall be levied for public school purposes as authorized herein upon the request of the county board of education, and the election shall be held and conducted in accordance with general laws providing for school tax elections pursuant to constitutional amendment III [3].

Amendment 170 ratifiedEdit

Special Property Tax for Educational Purposes in City of Tuscumbia.

The city of Tuscumbia shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.

Amendment 171 ratifiedEdit

Special Property Tax for Educational Purposes in City of Sheffield.

The city of Sheffield shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.

Amendment 172 ratifiedEdit

Special Property Tax for Educational Purposes in City of Muscle Shoals.

The city of Muscle Shoals shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.

Amendment 172 ratifiedEdit

Special Property Tax for Educational Purposes in City of Muscle Shoals.

The city of Muscle Shoals shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of five mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections.

Amendment 174 ratifiedEdit

Special Property Tax for Acquiring, etc., Vocational Trade School and for Rural and Industrial Development in Jackson County.

Section 1. The court of county commissioners, board of revenue, or like governing body of Jackson county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar's worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes.

Section 2. In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Jackson county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Jackson county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.

Section 3. The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action.

Section 4. This amendment shall be self-executing and shall require no enabling legislation.

Amendment 175 ratifiedEdit

Special District Tax for Furtherance of Education in Jefferson County.

In addition to any taxes now authorized or that may hereafter be authorized by the Constitution and laws of Alabama, the several school districts of Jefferson county shall, subject to an election in each such school district as hereinafter provided, have power to levy and collect a special district tax of not exceeding fifty (50) cents on each one hundred dollars ($100) of taxable property in such district for the furtherance of education therein. A school district within the meaning of this section shall include (a) that part of Jefferson county outside of the municipalities of Birmingham, Bessemer, Fairfield, Tarrant City and Mountain Brook as one district, (b) the city of Birmingham as one district, (c) the city of Bessemer as one district, (d) the city of Fairfield as one district, (e) the city of Tarrant City as one district, and (f) the city of Mountain Brook as one district. No tax shall be levied hereunder unless the rate of such tax, the time such tax is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors in each such district and voted for by a majority of those voting at such election. Any election on any such district tax shall be called and held, the results declared, and the tax levied and collected in the same manner as now or hereafter provided by law in the case of school district taxes authorized by amendment III [3] to the Constitution of Alabama, except that no county-wide tax shall be required as a condition precedent for a district tax under this amendment. The holding of one election shall not preclude a later election in the same district but no election in a district shall be held within two years from the date of the last election held in such district under the authority of this amendment. The proceeds of any special district tax authorized by this amendment shall be expended for the support of education in the district in which levied.

Amendment 176 ratifiedEdit

Additional Tax for School Purposes in Lamar County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Lamar county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of Lamar county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.

Amendment 177 ratifiedEdit

Special Property Tax for Educational Purposes in Lauderdale County.

The court of county commissioners, board of revenue or like governing body of Lauderdale county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the corporate limits of Florence, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the corporate limits of Florence, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the corporate limits of Florence shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in amendment III [3], article XIX, of the Constitution of Alabama. The tax on property situated outside the corporate limits of Florence shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used for school construction and other educational purposes solely in the territory of the county outside the corporate limits of Florence.

If any proposal to levy a tax hereunder is defeated in any election, subsequent elections may be held at intervals of not less than two years.

This amendment shall be self-executing.

Amendment 178 ratifiedEdit

Special School Tax for City of Florence.

Section 1. The court of county commissioners or other like governing body of Lauderdale county may levy and collect a special tax at a rate not exceeding one-half of one percent on the value of the taxable property within the city of Florence, the proceeds of which shall be used exclusively for public school purposes, but shall not be used for or pledged to the payment of bonds or warrants, by the board of education of the city of Florence or its successor in function, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the city and voted for by a majority of those voting at such election.

Section 2. Elections may be called, held and conducted pursuant to this amendment in accordance with general laws providing for and regulating elections on district school taxes authorized by the third amendment to this Constitution, but subsequent elections thereon may be held at intervals of not less than two years.

Amendment 179 ratifiedEdit

Special Property Tax for School Capital Outlay Purposes in Mobile County.

The county commission; or other governing body by whatever named called or styled; of Mobile county is authorized and shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of the state of Alabama, of one-half of one percent (1/2 of 1%) on the value of the taxable property in the county, as such property was assessed for taxation during the preceding year. The proceeds of such tax shall be used exclusively for public school capital outlay purposes but may be pledged to secure the payment of principal and interest on warrants or other evidence of indebtedness issued and sold for public school capital outlay purposes by the board of school commissioners of Mobile county or other public body charged with the duties, powers and authority of conducting and operating public schools in Mobile county; which pledge shall take priority as provided in such warrants or other evidence of indebtedness and is in consonance with the provisions of existing law, at the time of the issuance and sale of the said warrants, touching the issue and sale of warrants by school bodies, for capital outlay purposes; provided that before such tax shall be levied, there shall be submitted to the qualified electors of Mobile county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof; and provided further, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this Constitutional amendment shall vote for the adoption of this amendment, then the approval of this amendment, expressed by said vote in said county in favor of its adoption, shall of itself authorize the levy and collection of the said special property tax for a period of thirty years commencing with the levy for the tax year of said county for which taxes will become due and payable to said county on October 1, 1962. Subsequent elections held hereunder shall be called, held and governed in all respects by the law that at the time of the said elections, is in effect for elections to determine whether or not a special county-wide school tax shall be levied and collected under the provisions of amendment III [3] (article XIX) of the Constitution of Alabama. The proceeds of the said tax shall be used solely for public school capital outlay purposes.

The power to levy, granted by this amendment, will not be exhausted by one election but shall remain a continuing grant unless and until it be repealed by subsequent Constitutional action.

Should, at any election by the qualified electors of Mobile county held hereunder, as hereinbefore provided for, the proposal to tax be defeated; the proposal to tax may be renewed and another election had at any time, upon complying with the requisites of law for the calling of such elections; provided, however, that no such subsequent election may be had within one year after the election in which the proposal was defeated.

This amendment shall be self-executing and shall require no enabling legislation.

Amendment 180 ratifiedEdit

Special Property Tax for Educational Purposes in School District No. 1, Randolph County.

The court of county commissioners, board of revenue, or other like governing body of Randolph county may levy and collect a special property tax, in addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, at a rate not exceeding one-half of one percent on the value of the taxable property in school district number one, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided, that the rate of such tax and the purpose or purposes thereof, and the time such tax is to be continued, which shall not exceed thirty years, shall have been first submitted to a vote of the qualified electors of district one and voted for by a majority of those voting at the election. If any proposal to levy a tax is defeated in any election, subsequent elections thereon may be held at any time. The elections shall be called, held, conducted, paid for, and governed otherwise in the manner provided for elections on school district taxes as authorized in amendment III [3], article XIX, of the Constitution, and by article 7, of chapter 10, Title 52, Code of Alabama 1940, as heretofore or hereafter amended.

Amendment 181 ratifiedEdit

Special School Tax in Talladega County.

In addition to all taxes of every kind now or hereafter authorized by the Constitution and laws of Alabama, the court of county commissioners, the board of revenue or other like governing body of Talladega county may levy and collect a special school tax not to exceed three-tenths of one percent of the value of the taxable property within the county, or the value of the taxable property within any school district in the county, the proceeds of which shall be used exclusively for public school purposes, provided the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county; and if voted for by a majority of the qualified electors of the county, such tax shall be levied on all taxable property within the county, and if not voted for by a majority of the qualified electors of the county but voted for by a majority of the qualified electors of one or more school districts within the county then such tax shall be levied on all taxable property within each school district in which a majority of the qualified electors of such district vote for such tax, and the proceeds of such tax shall be used exclusively for public school purposes within the school districts of the county which vote for the tax. The question of the levy of such tax may be presented to the qualified electors of the county as a whole or to the qualified electors of any school district within the county and if rejected by the qualified electors of the county or by the qualified electors of any school district, may be re-submitted to the qualified electors of the county or of such school district after the expiration of one year from the last election. The court of county commissioners or other like governing body of Talladega county shall call all elections herein provided for upon being presented with a resolution of the Talladega county board of education requesting that an election be called.

Amendment 182 ratifiedEdit

Additional School Tax in Washington County.

Section 1. The court of county commissioners, board of revenue, or other like governing body of Washington county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in the third amendment to this Constitution with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.

Section 2. If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.

Amendment 183 ratifiedEdit

Economic Development of Autauga County and Municipalities Therein.

Autauga county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to:

1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. Become a stockholder in any corporation, association or company.

5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in Autauga county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Autauga county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Autauga county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.

Amendment 184 ratifiedEdit

Legislation as to DeKalb County.

The legislature shall not pass a special, private, or local law changing the form of government of DeKalb county, or abridging the term of any officer thereof, by the abolition of his office or otherwise, or increasing or decreasing or altering the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during the term for which he was elected or appointed, or at any time, unless the operation of such law shall be approved by a vote of the duly qualified electors of such county at an election held for such purpose, in the manner prescribed by such law. Nor shall the legislature authorize the governing body of DeKalb county to increase or decrease or alter the salary or other compensation, fees, commissions, percentages, or allowances of any officer thereof, by the imposition of new, different, and additional duties, or by expense allowances, during his term, or at any time, unless the operation of the law providing therefor shall be approved by a vote of the duly qualified electors of the county, at an election held for such purpose, in the manner prescribed by such law.

Amendment 185 ratifiedEdit

Compensation of Certain Officers of Elmore County.

The legislature may from time to time, by general or local laws applicable to or operative in Elmore county, fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, and clerk and register of the circuit court of Elmore county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. Provided, that no law changing the method or basis for compensating such officers shall become effective unless it is approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose.

Amendment 186 ratifiedEdit

Economic Development of Franklin County and Municipalities Therein.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Franklin county, or any municipality in Franklin county, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Franklin county, or the municipality therein, as the case may be, or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in Franklin county, or upon all property in the municipality, as the case may be, or upon all property in any district the boundaries of which the governing body of the county or the municipality, as the case may be, shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the county or the governing body of the municipality, as the case may be, may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon Franklin county or any municipality therein.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further, and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Franklin county or any municipality therein for the purpose of determining the borrowing capacity of the county or any such municipality, as the case may be, under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Neither Franklin county, nor any municipality in Franklin county, shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county or of the municipality therein, as the case may be. The governing body of the county, or of the municipality, as the case may be, may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.

Amendment 187 ratifiedEdit

Bond Issue for Construction and Equipment of Courthouse and Jail in Geneva County.

Geneva county is hereby authorized to incur indebtedness to the extent of not exceeding $600,000 in principal amount, and to issue its bonds in evidence of the indebtedness so incurred, for the purpose of constructing and equipping a new courthouse and jail in said county and, in order to provide for the payment for the principal of and interest on said bonds and any redemption premium necessary for the redemption thereof and the expense of maintaining the courthouse and jail so constructed, to levy and collect a special ad valorem tax on all taxable property in said county at a rate not exceeding 2 1/2 mills on each dollar of the assessed valuation of said property as assessed for state taxation; provided, that the said special tax shall cease to be levied when the principal of and interest on the bonds issued under the authority contained in this amendment shall have been paid. Said bonds may be issued and said tax may be levied only after the question of the issuance of said bonds and the levy of said tax shall have been submitted to the qualified electors of said county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of said bonds and the levy of said tax, which election shall be called, held, conducted, canvassed and may be contested, and notice thereof shall be given, in the manner provided by the then existing laws of Alabama with respect to elections on the issuance of bonds by counties; provided further, that if a majority of the qualified electors of said county participating in the election on the adoption of this amendment shall vote for the adoption thereof then the approval of this amendment expressed by the vote in said county in favor of its adoption shall of itself authorize the issuance of the bonds and the levy of the tax herein authorized, and in that event no additional election by the electors of said county shall be required to authorize the issuance of said bonds or the levy of said tax. At any election held under this amendment the question of the issuance of said bonds and the levy of said tax shall be submitted as a single proposition. In the event the majority vote in said county on the adoption of this amendment is against the adoption hereof, or in the event the majority vote at any election held in said county pursuant to the provisions of this amendment after its adoption is not in favor of the issuance of the bonds and the levy of the tax proposed at such election, the governing body of said county may from time to time call other elections hereunder on the issuance of said bonds and the levy of said tax, but not more than one such election shall be held during any period of twelve consecutive months. The power to become indebted, to issue bonds in evidence of such indebtedness, and to levy the tax as herein authorized shall be in addition to all other powers which the said county may have under the Constitution and laws of Alabama, and shall not be chargeable against the amount of indebtedness which may be incurred or the rate of taxes which may be levied under the Constitution and laws in effect prior to the adoption of this amendment.

All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit and of the said special tax to the extent necessary to pay the principal of and interest on said bonds. The governing body of said county may further, if it deems such action desirable, pledge for payment of the principal of and interest on said bonds any other tax which said county may be authorized to levy under any provision of the Constitution. All bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties. Any special tax which may be levied hereunder shall be levied and collected in accordance with the general laws of Alabama at the time in force respecting the levy and collection of ad valorem taxes by counties.

Amendment 188 ratifiedEdit

Economic Development of Greene County.

Any provision of the Constitution or laws of Alabama to the contrary notwithstanding, Greene county shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses in the county.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association or corporation whatever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding $250,000, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidence of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Greene county, or may be limited as to the source of their payment.

7. To apply the proceeds from taxes levied and collected under the provisions of section 215 of the Constitution and amendments thereto to the purchase, construction, lease, or acquisition of any of the property described in subdivision 1 above or for the furtherance of any of the other powers or authorities granted in this amendment, provided the proceeds from such taxes have not been pledged for debts or liabilities now existing.

8. To pledge to the payment of any bonds, warrants, notes, or other obligations or evidence of indebtedness the annual proceeds from taxes levied and collected under authority of section 215 of the Constitution and amendments thereto which have not been pledged for debts and liabilities now existing, and to obligate itself irrevocably to continue to use the proceeds from such tax until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of Greene county may impose, by approving and filing a certificate to that effect in the office of the judge of probate of the county or secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.

The recital in any bonds, warrants, notes or other obligations or evidence of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that proceeds from taxes authorized under section 215 of the Constitution and amendments thereto have been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligation or evidence of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidence of indebtedness issued hereunder shall not be considered an indebtedness of Greene county for the purpose of determining the borrowing capacity of the county under sections 224 and 225 of the Constitution.

This amendment shall be self executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Greene county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county. The governing body of the county may provide for holding such election, but in no case shall an election be held until notice of the election and of the substance of the proposition to be voted on has been published for at least three successive weeks.

Amendment 189 ratifiedEdit

Economic Development of Municipalities in Lamar County.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Lamar county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following:

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.

7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Lamar county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Lamar county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further, and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Lamar county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

10. Any municipality in Lamar county may make engagements or commitments or undertake projects authorized under the provisions of this Constitution and amendments thereto provided any such engagement, commitment, or undertaking is first approved by a majority of the qualified electors of such municipality voting in a referendum election held for such purpose. The governing body of any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.

Amendment 190 ratifiedEdit

Economic Development of Lawrence County and Municipalities Therein.

Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, Lawrence county and any municipality located therein shall have full and continuing power and authority to do any one or more of the following provided that such action is first approved by a majority of the qualified electors of the county or the municipality who vote at an election held for such purpose.

1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. To lease, sell for cash or on credit, exchange or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. To become a stockholder in any corporation, association or company.

5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. To levy and collect, in addition to all other taxes now authorized or permitted, a special county or municipal privilege license tax or taxes of not exceeding one percent paralleling the state sales and use taxes imposed by chapter 20 of Title 51, Code of Alabama 1940 as amended.

8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Lawrence county or any municipality may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body and all powers and authority conferred in this amendment upon the county and municipalities.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Lawrence county for the purpose of determining the borrowing capacity of such county under section 224 of the Constitution.

This amendment shall be self-executing; but the legislature shall have the power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Amendment 191 ratifiedEdit

Promotion of Industrial, Commercial and Agricultural Development in Madison County and City of Huntsville.

For the promotion of local industrial, commercial or agricultural development, Madison county and the city of Huntsville shall each have full and continuing power (a) to purchase, construct, lease and otherwise acquire industrial, commercial and agricultural projects, including real and personal property, plants, buildings, factories, works, facilities, machinery and equipment of any kind whatsoever, (b) to lease, sell, exchange or otherwise convey all or any part of any such project to any person, firm or corporation, and (c) after an approving election as hereinafter provided, to sell and issue for such purposes interest-bearing general obligation bonds. Neither the county nor the city shall issue any bonds under the authority of this amendment unless the question of the issuance of such bonds has first been submitted to the qualified electors of the county or the city, as the case may be, and approved at such election by a majority of the qualified electors voting thereat. Each such election shall be called, held and conducted, and may be contested, in the manner provided by law for county or municipal bond elections, as the case may be. Bonds issued under the authority of this amendment shall not be considered indebtedness of the county or the city, as the case may be, within the meaning of sections 224 and 225 of the Constitution of Alabama, but neither the county nor the city shall at any time issue any bonds under the authority of this amendment if as a result thereof it will have outstanding an aggregate principal amount of bonds issued hereunder in excess of twenty per cent of the assessed value of the property in the county or the city, as the case may be. Neither shall the county or the city issue any bonds under the authority of this amendment unless prior thereto or contemporaneously therewith the county or the city, as the case may be, has entered into a lease or other similar agreement, with respect to the project being financed by such bonds, providing for the payment to the county or the city, as the case may be, of net rentals sufficient to pay the principal of and the interest on such bonds at the respective maturities of such principal and interest, and any bonds issued hereunder shall be secured by a pledge of such rentals and may be secured by a foreclosable mortgage on such project and by a pledge of any other taxes and revenues which the county or the city, as the case may be, is authorized by law to pledge to the payment of its bonded indebtedness. All bonds issued under the authority of this amendment shall be sold at public sale in the manner required by law for the sale of county or municipal bonds, as the case may be, and shall mature and be payable in annual or semiannual installments in such amounts and at such times as to result in the aggregate amount of principal and interest maturing thereon in each year following the year of their issuance being substantially equal, but shall not be subject to any other provisions of law relating to maturities of county or municipal bonds. In the event that any such action is necessary to prevent or cure a default in payment of the principal of or the interest on any bonds issued under the authority of this amendment, the county or the city, as the case may be, is authorized to levy and collect ad valorem taxes, without limitation as to rate or amount, on the assessed value of all taxable property in the county or the city, as the case may be, but only so long as and only to such extent as necessary to prevent or cure any such default.

In carrying out the purposes of this amendment, neither Madison county nor the city of Huntsville shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the city are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the city are authorized to levy and collect. This amendment shall be self-executing, but, notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.

Amendment 192 ratifiedEdit

Pensions of Former Officers of Mobile County and Municipalities Therein.

Any provision of the Constitution to the contrary notwithstanding, any person who served as an officer of Mobile county or any municipality therein before the establishment of a pension or retirement system for the benefit of the elected or appointed officers of such county or municipalities shall be eligible to receive a pension or retirement benefit in all respects equal to officers serving when such pension or retirement system was established. The governing body of the county and of each municipality therein is hereby authorized to expend any funds not otherwise appropriated that may be required to pay the benefits payable to such former officers.

Amendment 193 ratifiedEdit

Bond Issue for Capital Improvements in Mobile County.

Mobile county is hereby authorized to issue its bonds not exceeding $1,737,000 in aggregate principal amount for the purpose of acquiring, providing, constructing and equipping capital improvements in said county, including the acquisition of sites therefor, of which bonds $500,000 in principal amount shall be issued to pay costs of acquiring, providing, constructing and equipping public school buildings in said county, and $500,000 in principal amount shall be issued to pay all or a part of the costs of acquiring, providing, constructing and equipping a building or buildings for use for educational purposes on the college level in said county, $606,000 in principal amount shall be issued to pay a portion of the costs of acquiring, providing, constructing and equipping one or more public hospital buildings in said county whether such buildings shall be owned by said county or by any public corporation therein, and $131,000 in principal amount shall be issued to pay all or part of the costs of acquiring, providing, constructing and equipping one or more buildings in the county for the Alabama State College; provided, that the aggregate principal amount of any series of bonds at any time issued hereunder, when added to the aggregate principal amount of all bonds then outstanding that are payable from or secured by the special annual ad valorem tax authorized in Amendment XVIII [18] of the Constitution of Alabama, as amended, shall not exceed six and one-half per centum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the state tax year next preceding the issuance of such bonds hereunder; provided, further, that no bonds may be issued under the authority of this constitutional amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of Mobile county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of such bonds, any such election to be called, held, conducted, and canvassed, and notice thereof to be given, in the manner provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties; provided, however, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this constitutional amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for herein and in that event no additional election by the electors of Mobile county, shall be required to authorize the issuance of said bonds. If the majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of Mobile county voting at any election held under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at such election, the governing body of Mobile county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve months.

The bonds issued hereunder shall be general obligations of Mobile county for the payment of the principal of and interest on which the full faith and credit of said county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of said principal and interest, at the respective maturities thereof, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of bonds issued under the provisions of this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties. The indebtedness evidenced by the bonds issued hereunder or under any other amendment to the constitution which are payable out of or secured by a pledge of said special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of said county provided for in Section 224 of the constitution.

For payment of the principal of and interest on all bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in said Amendment XVIII [18] at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax shall not exceed one-half of one per centum (1/2 of 1%) of the assessed valuation of taxable property in said county.

The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.

Amendment 194 ratifiedEdit

Budget of Mobile County Public Hospital Board.

A. The following terms, wherever used in this amendment, shall be given the respective meanings hereinafter set forth. "The board" means Mobile county public hospital board, a public corporation existing under Act No. 46 adopted at the 1949 regular session of the legislature of Alabama, as amended. "The 1955 board" means Mobile county hospital board created and provided for in Act No. 105 adopted at the 1955 regular session of the said legislature, as amended. "Public hospital facilities" means public hospitals of all types, public clinics, public health centers, related public health facilities such as laboratories, out-patient departments, nurses' homes, and nurses' training facilities, and other facilities operated in connection with public hospitals. "Public hospital purposes" means the acquisition, by purchase, lease, donation or otherwise, and the construction, equipment, operation and maintenance of public hospital facilities, including the treatment and care of indigent patients; "Participating municipality" means each municipality in Mobile county having a population in excess of one thousand, according to the last federal census or any subsequent federal or other official census. "Local subdivision" means Mobile county and each participating municipality.

B. The board is hereby authorized and directed to prepare a budget for each of its fiscal years setting forth (a) the estimated amount of all expenditures that the board anticipates making during such fiscal year for payment of administering, operating and maintaining any public hospital facilities owned or managed by the board, including expenses for treatment and care of indigent patients, payment of rentals with respect to any such public hospital facilities, payment of costs of the acquisition and equipment of public hospital facilities, and payment of installments of principal and interest, or either, maturing during that fiscal year on obligations incurred or securities issued by the board for any of the aforesaid purposes; and (b) the estimated amount of all moneys that the board anticipates receiving during the same fiscal year and that the board has the right lawfully to apply for payment of the estimated expenditures set forth in the same budget, including revenue of the board from the operation of any public hospital facilities owned or operated by it, and any donations, taxes, appropriations, contributions by the United States and any income or receipts from any other source that the board has the right lawfully to use for payment of the said expenditures. Whenever the board shall determine that the estimated amount of the said expenditures during any fiscal year will exceed the estimated amount of the said receipts during any fiscal year, as shown by the budget for that fiscal year, then the board shall have the power to allocate the said deficit among Mobile county and each participating municipality, the amount allocated to each local subdivision being a sum constituting the same proportion of the total of the said deficit that the population of that local subdivision bears to a figure equal to the population of the entire of Mobile county plus the population of each participating municipality, all such population figures to be based on the last federal census or any subsequent federal or other official census, and shall have the power to assess, levy and collect from Mobile county and each participating municipality a sum equal to the portion of the deficit allocated by the board to each local subdivision, which sum shall be payable to the board by each local subdivision in twelve (12) equal monthly installments on the first day of each month in the fiscal year with respect to which the said budget was made; provided, however, that if a special annual ad valorem county tax for public hospital purposes shall be voted in Mobile county, then the power of the board to allocate any deficit among the local subdivisions and to assess, levy, and collect the amounts so allocated shall terminate after payment of the monthly installment falling due on the January 1 next succeeding the October 1 on which any such ad valorem tax so voted shall first be payable. The assessments and levies that the board is herein authorized to make, shall constitute binding obligations and debts of the local subdivisions collectible by suit or action brought by the board in any court of competent jurisdiction; but such obligations on the part of the aforesaid local subdivisions shall not be deemed to constitute debts of any local subdivision within the meaning of either section 224 or section 225 of the Constitution. The legislature shall have the continuing power by local or special legislation adopted at any time and from time to time, and without compliance with the provisions of section 106 of the Constitution, to specify the character and the maximum capacity or size of the public hospital facilities with respect to which items of expenditure may be included in any budget prepared by the board hereunder. Any such legislation adopted prior to the effective date of this amendment is hereby validated. The requirements of this amendment, and of any such legislation at any time adopted, as to the character and capacity or size of the public hospital facilities with respect to which items of expenditures may be included in any budget prepared by the board hereunder shall cease to be effective upon the termination, under the provisions hereof, of the power of the board to make allocation of the aforesaid deficit among the local subdivisions.

C. The 1955 board is hereby authorized to transfer to the board, and the board is hereby authorized to assume, all assets, contracts, properties, obligations and liabilities of the 1955 board. The corporate existence of the 1955 board and all of its acts in acquiring property, making contracts and incurring obligations and liabilities are hereby validated; and the transfer by the 1955 board to the board of all of the said assets, contracts, properties, obligations and liabilities and the assumption of all thereof by the board, to such extent as the said transfer and assumption shall have taken place on the date when this amendment becomes a part of the Constitution, are hereby validated. Following the completion of such transfer and assumption, the governing body of Mobile county is authorized to adopt a resolution declaring the 1955 board to be dissolved, whereupon it shall be dissolved.

D. Bonds and other securities issued by the board shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution or debts of any participating municipality within the meaning of section 225 of the Constitution, and shall not be deemed to constitute bonds of Mobile county or of any political subdivision thereof within the meaning of section 222 of the Constitution, regardless of whether any such bonds or other securities may be made payable from, or secured by a pledge of, the assessments herein provided for, the proceeds of any contract between the board and any local subdivision, all or part of the proceeds from any tax of any kind that may be allocated or appropriated to the board, revenues from operation of public hospital facilities owned or operated by the board, or any other revenues of the board. All pledges of any revenues of the board that may be made by it for the benefit of any securities issued by it shall take precedence in the order in which made and shall create a charge on the revenues so pledged prior to the expenses of operating and maintaining any public hospital facilities.

Amendment 195 ratifiedEdit

Special Tax for Public Hospital Purposes in Mobile County.

A. The following terms, wherever used in this amendment, shall be given the respective meanings hereinafter set forth. "The special tax" means the special county tax herein provided for. "The board" means Mobile county public hospital board, a public corporation existing under Act No. 46 adopted at the 1949 regular session of the legislature of Alabama, as amended. "Public hospital facilities" means public hospitals of all types, public clinics, public health centers, related public health facilities such as laboratories, outpatient departments, nurses' homes, and nurses' training facilities and other facilities operated in connection with public hospitals. "Public hospital purposes" means the acquisition by purchase, lease, donation or otherwise, and the construction, equipment, operation and maintenance of public hospital facilities, including the treatment and care of indigent patients.

B. If authorized by the vote of the majority of the qualified electors of Mobile county who participate in any election called for the purpose, the governing body of Mobile county must, subject to and in accordance with the provisions of this amendment, levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem county tax at a rate not exceeding three mills on each dollar of taxable property in Mobile county, the proceeds from which shall be used solely for public hospital purposes.

C. If a majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the special tax and in that event no additional election by the voters of Mobile county shall be required to authorize the levy of the special tax. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than three mills on each dollar of taxable property in Mobile county, then the governing body of Mobile county may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding three mills on each dollar of taxable property, and must call any such election within three months after the receipt by the said governing body of a petition for the calling of such election signed by not less than five percent of the qualified electors of Mobile county; provided, however, that not more than one election upon the levy of the special tax or upon the increase in the rate thereof, up to but not exceeding three mills as aforesaid, shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of five years, the governing body of Mobile county may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction in the rate thereof, such discontinuance or reduction to become effective for the tax year of the county next succeeding the tax year during which any obligations of the board that may be outstanding at the time of the election and that are payable out of or secured by any part of the special tax shall be finally retired; and after said five year period, the said governing body must call an election on the question of said discontinuance or reduction within three months after receipt by the said governing body of a petition for such election signed by not less than five percent of the qualified electors of Mobile county. If a majority of the qualified electors of Mobile county voting in any election upon the discontinuance of the special tax or reduction of the rate thereof should vote in favor of such discontinuance or reduction, then the special tax shall be discontinued or its rate reduced, as the case may be, such discontinuance or reduction to become effective for the tax year next succeeding the tax year when any of the aforesaid obligations outstanding at the time of the election shall be retired; provided, however, that not more than one election upon the discontinuance of the special tax or a reduction in the rate thereof shall be held during any period of twelve consecutive months. If the special tax shall be discontinued or its rate reduced pursuant to any election held hereunder, its levy or an increase in its rate up to the aforesaid maximum of three mills may be authorized at a subsequent election or elections held hereunder, and the special tax may thereafter again be discontinued or reduced in rate pursuant to subsequent election or elections held hereunder, it being the intention hereof that the power of the governing body of Mobile county to call elections hereunder, and its duty to call them upon receipt of petition as herein provided, shall be continuous, subject only to the requirement that not more than one election may be held hereunder during any period of twelve consecutive months. All elections held under the provisions of this amendment shall be called, held, conducted, and canvassed in such manner as the governing body of Mobile county shall prescribe.

D. Not later than February 1 in each tax year for which the special tax may be authorized hereunder to be levied, the board will certify to the governing body of Mobile county the rate of the special tax, not exceeding the rate at the time authorized by vote of the qualified electors of Mobile county as herein provided, that the board has determined should be levied in order to supply the funds needed for public hospital purposes during the next ensuing fiscal year of the board. During the month of February in each such tax year the governing body of Mobile county shall levy the special tax at such rate as may be certified by the board to be necessary, up to but not exceeding the rate then authorized as aforesaid, and the special tax so levied shall be due and payable on the then ensuing October 1. If the board should fail to make such certification with respect to the rate to be levied in any tax year, the governing body of Mobile county shall levy the special tax for that tax year at the maximum rate then authorized by vote of the qualified electors of the county as herein provided. All moneys derived from the collection of the special tax (after deduction of costs of assessment and collection thereof pursuant to any statutory provisions at the time applicable) shall be paid over to the board as received and used by the board for public hospital purposes in the county. The board may anticipate the proceeds from the special tax by issuing for any one or more public hospital purposes the bonds, warrants, or other securities, of the board and may pledge for payment of the principal thereof and interest thereon not exceeding 75% of the annual proceeds from the special tax. All such pledges of the special tax shall take precedence in the order in which they are made and shall create a charge on the special tax prior to the expenses of operating and maintaining any public hospital facilities. Bonds and other securities issued by the board, including those that may be issued in anticipation of the special tax and also any other securities issued by the board, shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution and shall not be construed to be bonds of the county or of any political subdivision thereof within the meaning of section 222 of the Constitution.

E. The rate of ad valorem taxation for general municipal purposes that is at the time otherwise permitted by the Constitution to each particular municipal corporation in Mobile county shall be reduced for the tax year of the municipality next succeeding any tax year of Mobile county for which the special tax shall have been levied at a rate exceeding one and one-half mills on each dollar of taxable property in the county, any such reduction to be by a rate of millage equal to the rate of millage by which the special tax so levied shall exceed one and one-half mills on each dollar of taxable property in the county.

F. The rate of ad valorem taxation for general county purposes that is at the time otherwise permitted to Mobile county by the Constitution shall be reduced, for any tax year for which the special tax shall be levied, any such reduction to be by the same rate of millage at which the special tax shall be levied for the same tax year or by one mill on each dollar of taxable property in the county, whichever shall be the lesser reduction.

G. The rate of that certain ad valorem tax authorized by amendment XVIII [18] to the Constitution, as amended by the amendment to the Constitution known as amendment XLII [42], and provided for also in those certain amendments to the Constitution known as amendments LX [60], C [100], CXXII [122], and CLI [151] and in the constitutional amendment proposed by that certain act of the 1961 regular session of the legislature of Alabama that was introduced in the said legislature as House Bill 1067 [amendment No. 193] shall be reduced, for each tax year for which the special tax shall have been levied at a rate exceeding one mill on each dollar of taxable property in the county, any such reduction to be by one-half mill on each dollar of taxable property in the county or by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one mill on each dollar of such taxable property, whichever shall be the lesser reduction.

H. Mobile county and each municipal corporation therein are hereby prohibited from making any appropriation or payment to the board during any tax year of the county in which the special tax shall be collected, except to provide funds for constructing and equipping public hospital facilities, unless any such appropriation or payment shall have been authorized by a majority of the qualified electors of the political subdivision proposing to make such appropriation or payment at an election held on the question in the said political subdivision.

Amendment 196 ratifiedEdit

Costs and Charges of Courts, and Compensation of Certain Officers, in St. Clair County.

The legislature may, from time to time, by general or local laws, to become effective only if approved by a majority of the qualified electors of St. Clair county voting at a referendum election held not less than three months after the final adjournment of the legislative session at which such law is enacted, fix, alter, and regulate the costs and charges of courts in St. Clair county and the fees, commissions, percentages, allowances, and salary, including the method or basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, register, circuit clerk, and any other officer of St. Clair county, including the right to place any of such officers on a salary and provide for the fees charged or collected by them to be paid into the treasury from which their salaries shall be paid.

Amendment 197 ratifiedEdit

Economic Development of St. Clair County and Municipalities Therein.

St. Clair county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to:

1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind.

2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.

3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.

4. Become a stockholder in any corporation, association or company.

5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.

6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty 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 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.

7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in St. Clair county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.

8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.

9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of St. Clair county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.

The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of St. Clair county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.

This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.

Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.

Amendment 198 ratifiedEdit

Hospital Tax and Tax Anticipation Bonds, etc., in Tallapoosa County.

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the governing body of Tallapoosa county shall levy and cause to be collected annually a special district tax, not exceeding 50 cents on each 100 dollars assessed valuation of taxable property in districts three and four of Tallapoosa county, Alabama, to be used exclusively for public hospital purposes (as the term "public hospital purposes" is defined in amendment LXXVI [76] to the Constitution proposed by Acts of 1949, page 897, submitted December 13, 1949, and proclaimed ratified December 21, 1949) within said districts three and four; provided that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in districts three and four of Tallapoosa county and voted for by a majority of such electors voting at such election. The governing body of Tallapoosa county may call an election at any time, and it shall be the duty of such governing body to call an election to be held within ninety days after receipt by it of a petition signed by not less than 5% of the qualified electors of said districts three and four, requesting that such election be called. The governing body may call such election to be held at the same time that this amendment is submitted to the electors of the state for ratification and such election shall be effective to require the levy and collection of such tax in the event that this amendment shall be ratified. The notice of such election, ballots to be used at such election and procedures for holding and determining the results of such election shall be prescribed by the governing body of Tallapoosa county. No election shall be held hereunder within one year from the date of the last election so held.

Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Tallapoosa county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.

The governing body of Tallapoosa county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said districts three and four, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.

No securities issued or contracts made by Tallapoosa county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Tallapoosa county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.

The districts three and four of Tallapoosa county herein referred to are the districts three and four provided for in Act No. 241, Local Laws of Alabama, approved September 7, 1923 (Local Acts of 1923, pages 144, 145).

Amendment 199 ratifiedEdit

Special Tax and Bond Issue for Public Buildings in Washington County.

Section 1. Washington county may become indebted in an aggregate principal amount not exceeding one million dollars in addition to the indebtedness of the county outstanding on the effective date hereof, for the sole purpose of financing the construction and equipment of a courthouse and jail and acquiring sites therefor. The county may issue and sell interest bearing general obligation bonds and pledge to the payment of the principal thereof and interest thereon the full faith and credit of the county and the proceeds of the special county tax provided for in section 2.

Section 2. In addition to all other taxes now or hereafter authorized by law, the court of county commissioners, board of revenue, or other like governing body of Washington county shall have the power to levy and collect, for a period not exceeding twenty years, a special ad valorem tax on property situated within said county, at a rate not exceeding four mills on each dollar of property as assessed for state taxation for the preceding year, the proceeds of said tax to be used solely for acquiring sites and constructing and equipping a courthouse and jail within said county or to pay any debt incurred for that purpose pursuant to section 1. Before any special ad valorem tax is levied, however, the question as to whether the tax shall be levied shall be first submitted to a vote of the qualified electors of the county at an election to be called by the governing body of the county, and shall be approved by a majority of the electors who vote thereon at said election. The election shall be called, held, conducted and canvassed, and may be contested in the same manner as provided by law for calling, holding, conducting and canvassing county bond elections. Upon the expiration of any tax authorized pursuant to this amendment, no further tax shall be authorized hereunder.

Section 3. In the event the qualified electors of Washington county do not authorize the levy of the special county tax provided for in section 2 at any election called hereunder, then other elections may be called by the county governing body from time to time until the electors of the county do authorize and approve the levy, provided that not more than two elections shall be held in the same year. If a majority of the electors of Washington county who participate in the election as to the adoption of this constitutional amendment vote to approve the amendment, such expression of the will of the electors of Washington county shall of itself authorize the levying of the special tax provided for and the issuance of the bonds. Approval of the tax levy at any election held hereunder shall be sufficient authority for issuance of the bonds as provided in section 1.

Section 4. Bonds issued pursuant to this amendment and the income therefrom shall be exempt from taxation.

Section 5. The legislature may enact appropriate legislation to implement the provisions of this amendment.

Amendment 200 ratifiedEdit

Bonds for Voting Machines.

Section 1. The several counties of the state may become indebted and issue and sell general obligation bonds or other evidence of such indebtedness for the purpose of paying the cost of installing and providing for the use of voting machines at all elections held within the county and the municipalities therein, (any provision of article 12 of this Constitution to the contrary notwithstanding). Such debts may be created and evidence thereof issued without a vote of the qualified electors of the county, but any debt so created shall be repaid within 20 years from the date of its creation.

Section 2. The legislature may enact general, special or local laws to enforce and implement this amendment.