Title 58. Shelby County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
Articles
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions Article 1. Alcoholic Beverages §58-1.00. Sunday Sales. (Amendment 893) In Shelby County, the sale and distribution of alcoholic beverages shall be legal after 12:00 p.m. on Sunday by properly licensed retail licensees of the Alabama Alcoholic Beverage Control Board. (Amendment 893) ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §58-2.00. Compensation of Certain Officials. (Amendment 249) The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of court in Shelby county and the fees, commissions, percentages, allowances, and compensation to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, clerk of the circuit court, register in chancery, and any other officer of Shelby county, including the right to place any of such officers on a salary, provide for the operation of their respective offices on such basis, and provide that any and all fees, commissions, percentages, or allowances charged or collected by them, including all fees, allowances, commissions, and percentages of the tax assessor and tax collector for assessing and collecting municipal taxes, shall be paid into the county treasury; provided, that no law shall be effective to change the method of compensating any officer, nor to diminish his compensation, during the term for which he shall have been elected or appointed, and no law changing the method of compensating county officers shall be effective unless it shall have been approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose. (Amendment 249) Article 2. Judges §58-2.20. Judge of Probate Jurisdiction. (Amendment 758) The Judge of Probate of Shelby County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Shelby County if the judge of probate is licensed to practice law in the State of Alabama. In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects in the same manner as a case filed in circuit court. The Alabama Rules of Civil Procedure shall apply in the cases except as otherwise specifically provided by law. This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment if needed. (Amendment 758) §58-2.21. Judicial Commission. (Amendments 804 and 920) All vacancies in the office of the judge of the circuit court and the office of the judge of the district court of the 18th Judicial Circuit shall be filled in the manner and for the time as herein provided. The Shelby County Judicial Commission is hereby created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be as follows: Two persons who are members of the Alabama State Bar; two persons who are not members of the Alabama State Bar; and the presiding judge of the 18th Judicial Circuit. All members of the commission shall reside in the territorial jurisdiction of the 18th Judicial Circuit. The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state. The Executive Committee of the Shelby County Bar Association, or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of the two members of the commission who are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Shelby County the names of the persons elected as members of the commission by the members of the bar and the name of the presiding judge of the circuit court who shall serve on the commission by virtue of his or her position as presiding judge. The members of the Legislature representing Shelby County shall elect the two members of the commission who are required not to be members of the Alabama State Bar. The members of the Legislature representing Shelby County shall certify in writing to the judge of probate the names of the persons elected by them as members. The terms of office of all members of the commission shall be six years, except that the terms of office of the two members of the State Bar first elected shall be for one and two years respectively, and of the two members first elected by the members of the Legislature representing Shelby County shall be for three and four years respectively; the length of the terms of office of the members of the commission being indicated by the respective electing bodies. The terms of the initial members of the commission shall begin on January 1, 2009. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as that member was originally chosen. The Judge of Probate of Shelby County shall record all certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of each certificate, the judge of probate shall send to the Governor a certified copy of each certificate. No member of the commission shall be eligible to succeed himself or herself as a member or for nomination to the Governor for appointment as judge of the circuit or district court during the term of office for which the member shall have been selected. The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member who is the presiding judge of the 18th Judicial Circuit shall hold any public office and no member of the commission shall hold any official position in any political party. If, subsequent to January 1, 2009, a vacancy occurs in the office of judge of the circuit or district court in the 18th Judicial Circuit, the commission shall nominate to the Governor three persons having the qualifications for the office. The nomination shall be made only by the concurrence of a majority of the members of the commission. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in Section 153 of this constitution. The judicial authority of any person appointed to fill a judicial vacancy in the judicial circuit prior to January 16, 2017, is ratified and confirmed. Any vacancy occurring in the office of judge of the 18th Judicial Circuit, which is required to be filled by appointment on nominations made by the commission, shall be filled within 90 days from the date of the submission of the nominations. In the event the Governor fails to fill the vacancy from the nominations within that period, the appointment shall be made by the Chief Justice of the Supreme Court of Alabama. (Amendments 804 and 920) §58-2.22. Judge of Probate Qualifications. (Amendment 886) The Judge of Probate of Shelby County shall be an attorney licensed in this state effective upon the election or appointment of any judge of probate after the ratification of the amendment. (Amendment 886) §58-2.23. Judge of Probate Vacancies. (Amendment 903) In the event of a vacancy in the office of the Judge of Probate of Shelby County, the vacancy shall be filled from nominations to the Governor by the Shelby County Judicial Commission established by Section 58-2.21 pursuant to the same procedures provided in Section 58-2.21 for filling a vacancy in the office of a judge of the circuit or district court in the county. (Amendment 903) ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations Article 1. County Commission §58-3.00. Home Rule. (Amendment 707) Section 1. Home rule. (a) Except as herein provided, the Shelby County Commission may adopt ordinances, resolutions, or regulations relating to its property, affairs, and county government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law enacted by the Alabama Legislature. Notwithstanding the general grant of power in the preceding sentence, the Shelby County Commission may not establish or levy any new tax or raise revenue except as authorized by this constitution or by general or local law enacted by the Legislature of the State of Alabama. (b) The Shelby County Commission may fix the salary, compensation, expenses, and other benefits and terms of employment of those employed by the Shelby County Commission except for those subject to the jurisdiction of the Shelby County Law Enforcement Personnel Board, and establish and maintain retirement or pension systems, insurance, workers' compensation, hospitalization, and medical benefits for those employees. The Shelby County Commission shall employ a county manager and other professional staff as it deems appropriate to be authorized and directed to perform any applicable management and administrative function associated with the management of county property and services. Section 2. Supplementary powers. (a) The Shelby County Commission, in addition to, and supplementary of, all powers possessed by or conferred upon Shelby County or otherwise provided by general law, may by ordinance or resolution exercise the following powers, provide and regulate the following services, activities, programs, and facilities related thereto, and establish and provide for civil penalties for violation of its ordinances, rules, and regulations applicable thereto: (1) Police and fire protection. (2) Garbage and solid waste collection and disposal. (3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and control of dangerous animals and animal nuisances. (4) Public street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic. (5) Parks, recreational areas, programs, and facilities. (6) Storm water and sanitary sewage collection and disposal systems. (7) Development, storage, treatment, purification, and distribution of water. (8) Public housing, public buildings, and parking facilities. (9) Public transportation. (10) Libraries, archives, and arts and sciences programs and facilities. (11) Economic development and tourism initiatives, developments, and projects. (12) Adoption of codes, including building, housing, plumbing, and electrical codes for the protection of the public. (13) Litter, trash, and rubbish regulation and control on or adjacent to public roads, streets, or highways, or on or in public buildings, public parks, and public properties. (b) Unless otherwise provided by an act of the Legislature in effect upon ratification of this amendment or unless otherwise provided by general law, Shelby County may not exercise any of the powers listed in subsection (a) or provide any service listed therein inside the corporate limits of any municipality or within any other territory in which a municipality or an instrumentality of a municipality is authorized by an act of the Legislature to exercise the power or provide those services, or within any other county, except by contract with the municipality, municipal instrumentality, or county affected. Section 3. Eminent domain. The Shelby County Commission may exercise the power of eminent domain as is authorized by general law. Section 4. Liability. The Legislature may waive or limit the liability of Shelby County by law. Section 5. Debt limitation. The debt incurred by Shelby County, including debt incurred on behalf of any special district, may never exceed 10 percent of the assessed value of all taxable property within Shelby County. Section 6. The Legislature of the State of Alabama, by local law, may provide criminal penalties for violations of certain activity and certain conduct in Shelby County if the activity or conduct involves the health, safety, and welfare of the citizens of the county or involves any of the following: (1) Litter, trash, and rubbish regulation and control on or adjacent to public roads, streets, or highways or on or in public buildings, public parks, or public properties. (2) Control of public nuisances caused by noise levels or noxious odors, or substances. (3) The use and control of public parks, lands, buildings, equipment, and real or personal property. (4) Control of dangerous animals and animal nuisances. Section 7. The Legislature, by local law, shall provide for the combination of the county offices of tax assessor and tax collector into one elected position of County Property Tax Commissioner. Section 8. The powers granted to the Shelby County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters: (1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the Shelby County Commission. (2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the Shelby County Commission. (3) Action defining any criminal offense or providing for criminal punishment beyond that authorized by local or general law or by the Alabama Constitution. (4) Action extending the power of regulation over any business activity regulated by the Alabama Public Service Commission beyond that authorized by local or general law or by the Constitution. (5) Action affecting the exercise of the power of eminent domain. (6) Action affecting any court or the personnel thereof. (7) Action affecting any public school system. (8) Action affecting pari-mutuel betting or any pari-mutuel betting facility. (9) Action affecting in any manner the property, affairs, boundaries, revenues, powers, obligations, indebtedness, or government of a municipality. (10) Action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. Section 9. The Legislature, by local law, may provide for the implementation and administration of the provisions of this amendment. (Amendment 707) ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §58-4.00. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429) For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale. In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature. Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless: (a) The price be approved at a public meeting of the governing body of such county or municipality; and (b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and (c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429) [Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.] ”

Chapter 5

“ Chapter 5. Education Article 1. Board of Education and Superintendent of Education §58-5.00. Election. (Amendment 929) (a) The members of the Shelby County Board of Education and the Shelby County Superintendent of Education shall be elected by the qualified electors of Shelby County residing outside of the corporate limits of any city in the county which has a separate city board of education. (b) The appropriate election officials shall conduct elections of members of the Shelby County Board of Education in conformity with this amendment. (Amendment 929) ”

Chapter 6

“ Chapter 6. Health and Environment Article 1. Solid Waste §58-6.00. Funding for Solid Waste Disposal Program. (Amendment 837) Notwithstanding any other provision of law to the contrary, the Shelby County Commission may use a portion of any funds or revenues from the operation and use of any sanitary landfill operated by the county, including, but not limited to, funds in or credited to its reserve account on the effective date of this amendment, for the provision of potable water and water service in the county and for capital improvement projects deemed advisable by the county commission, provided the county commission makes a determination that the funds are not needed for the operation and implementation of its solid waste disposal program. (Amendment 837) ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §58-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 708) No elected or appointed Shelby County official or sheriff may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Shelby County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system, and shall be treated as an employee of the county. Shelby County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Shelby County official" shall include any person appointed to serve the remaining term of an elected or appointed Shelby County official. The words do not include a judge, county commissioner, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 708) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Traffic Laws §58-9.00. Enforcement on Private Roads. (Amendments 756 and 799) In Shelby County, the Legislature, by local law, may provide for the enforcement of traffic laws on private roads in private gated communities and platted subdivisions with 35 or more existing houses whose roads are not public in the county. (Amendments 756 and 799) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions. §58-10.00. Real Estate Licenses Taxes. (Amendment 595) (a) In order to allow for the orderly and efficient collection of municipal business license taxes in Shelby County with respect to corporations, firms, brokers, agents, and others in the business of buying, selling, leasing, or representing others in the purchase, sale, or lease of real property in Shelby County, the Legislature may, by local law, provide for the imposition and collection of taxes as follows: 1. Any city or municipality within Shelby County may fix and collect licenses pursuant to Sections 11-51-90 and 11-51-91, Code of Alabama 1975, for any business, trade, or profession relating to the buying, selling, or renting of real estate on commission in Shelby County if the licensee maintains its principal place of business in the corporate limits or police jurisdiction of that city or municipality. 2. Effective January 1, following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under 1. above, every corporation, firm, broker, agent, or other person or entity engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Shelby County shall pay an annual business license tax at a rate to be set by the Legislature for the privilege of engaging in that business in every other city or municipality in Shelby County. The tax shall be collected by the License Commissioner of Shelby County and shall be distributed by the License Commissioner of Shelby County to each city or municipality within Shelby County on a pro rata basis based on population. The License Commissioner of Shelby County shall be entitled to an administrative fee for administering this tax at a rate to be set by the Legislature. The fee shall to be added to the license tax. 3. Effective January 1, following the ratification of this amendment and each year thereafter, except for the licenses permitted or mandated under 1. and 2. above, no other privilege license tax or any other fee or tax shall be imposed under Sections 11-51-90 and 11-51-91, Code of Alabama 1975, or any other law by any city or municipality within Shelby County on corporations, firms, brokers, agents, or other persons or entities engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Shelby County. (b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Shelby County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required. (Amendment 595) Article 2. Board of Equalization §58-10.20. Reorganization. (Amendment 825) In Shelby County, notwithstanding any other provision of law, the Legislature by local law may provide for the reorganization of the county board of equalization and provide for the name of the board; provide for the appointment, term, and compensation of board members; and provide for the powers, duties, operation, and funding of the board. (Amendment 825) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Public Service Districts §58-11.00. Creation. (Amendment 343) The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, and financing of local districts within Shelby county as public corporations to provide any one or more of the following local public services: (a) fighting and prevention of fires; (b) furnishing water; (c) the collection, treatment and disposal of sewage and/or garbage, trash and solid wastes; (d) the operation of emergency medical services, including rescue and ambulance service; (e) the guarding and protection of lives and property; (f) any other local service permitted by such general or local law; authorize such district to fix and collect rates, fees and charges for such services, and to provide penalties for non-payment and liens upon the property within such district; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such district; provided that Shelby county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Shelby county. This amendment shall not have been adopted unless a majority of the qualified electors of Shelby county who participate in the election held on the adoption of this amendment vote in favor thereof. Any law enacted at the current session of the legislature to authorize the creation of such districts in Shelby county and to implement this amendment to the Constitution (whether with or without published notice of intention) shall become effective upon the ratification of this amendment. (Amendment 343) §58-11.01. Additional Provisions. (Amendment 370) The legislature may, by general or local law, provide for the creation, incorporation, organization, operation, administration, and financing of local districts within Shelby county as public corporations to provide any one or more of the following local public services: (a) fighting and prevention of fires; (b) the operation of emergency medical services, including rescue and ambulance service; authorize such district to fix and collect rates, fees and charges for such services, and to provide penalties for nonpayment and liens upon the property within such district; authorize the borrowing of money and the issuance of bonds and other obligations by or on behalf of such district; provided that Shelby county shall not be responsible for any such bond or obligation and no such bond or obligation shall be chargeable against the limit on the debt of Shelby county. This amendment shall not have been adopted unless a majority of the qualified electors of Shelby county who participate in the election held on the adoption of this amendment vote in favor thereof. Any law enacted at the current session of the legislature to authorize the creation of such districts in Shelby county and to implement this amendment to the Constitution (with published notice of intention) shall become effective upon the ratification of this amendment. (Amendment 370) Article 2. Water and Sewer §58-11.20. Mutual Aid Contracts. (Amendment 971) (a) This amendment shall apply only in Shelby County. (b) Shelby County and any city, water and sewer authority or board, sewage district, sewer authority, governmental utility service corporation, or private utility company in the county, or any two or more of any of the foregoing, may enter into contracts with each other to provide mutual aid and assistance in restoring electric, water, sewer, or gas services in the event of natural disasters or other emergencies under such terms and conditions as may be agreed upon. Mutual aid contracts may include provisions for furnishing personnel, equipment, apparatus, supplies, and materials; for reimbursement or indemnification of the aiding party for loss or damage incurred by giving aid; for delegating authority to a designated official or employee to send aid upon request; and for any other purposes consistent with this amendment. (c) Officials and employees furnished by one party in aid of another party pursuant to a mutual aid contract entered into under authority of this amendment shall be conclusively deemed for all purposes to remain officials and employees of the aiding party. While providing aid to another and while traveling to and from another city or county pursuant to giving aid, they shall retain all rights, privileges, and immunities, including coverage under the Alabama Workers’ Compensation Act, as they enjoy while performing their normal duties. (d) Notwithstanding any other provisions of law to the contrary, any party to a mutual aid contract entered into under authority of this section, may sell or otherwise convey or deliver to another party to the contract personal property to be used in restoring utility services pursuant to the contract without following procedures for the sale or disposition of property prescribed by any general law or local act. (e) Nothing in this amendment shall be construed to deprive any party to a mutual aid contract of its discretion to send or decline to send its personnel, equipment, and apparatus in aid of another party to the contract under any circumstances, whether or not obligated by the contract to do so. In no case shall a party to a mutual aid contract or any of its officials or employees be held to answer in any civil or criminal action for declining to send personnel, equipment, or apparatus to another party to the contract, whether or not obligated by contract to do so. (Amendment 971) §58-11.21. Regulation of Privately Owned Sewer Systems. (a) This amendment shall apply only in Shelby County. (b) Except as provided for in subsection (c), any private entity and any privately owned plant, property, or facility for the collection, treatment, or disposal of sewage that uses, directly or through a lease or contract, public rights-of-way of public roads for any part of its collection or disposal system, that discharges to a Grade III or higher wastewater treatment facility as defined in and by the current classification system used by the Alabama Department of Environmental Management on January 1, 2020, and its equivalent classification thereafter, and that has residential or commercial customers that are billed a flat service fee or fee based on water usage, hereinafter referred to as utility or utilities, shall be certified and regulated by the Public Service Commission, which regulation shall include, but not be limited to, regulation of the rates, charges, and increases in rates or charges imposed on its customers.  The Public Service Commission shall certify and regulate the entities, plants, facilities, and utilities affected hereby, based on and in accordance with Title 37, Code of Alabama 1975, as amended.  Implementation of this amendment, whether gradual or at one time, shall be determined by the Public Service Commission.  Until the Public Service Commission determines applicable rates and charges to be imposed on customers, the rates and charges shall be in accord with and governed by the most recent and controlling rate control agreement or in the event there is not a controlling rate control agreement, that utility's most recent published rate. (c) If the county, a municipality, or a governmental utility service corporation (GUSC) in the county enters into a rate control agreement with an entity or facility described in subsection (b), the county, municipality, or GUSC may opt out of regulation by the Public Service Commission as to and for any residential or commercial customers affected by and are subject to the rate control agreement. In the event a rate control agreement or any part thereof is found to be invalid, or is terminated by the county, municipality, or GUSC that entered into the rate control agreement, or becomes unenforceable or void in whole or in part, then the jurisdiction of the Public Service Commission and the provisions in subsection (b) pertaining to regulation by the Public Service Commission shall by operation of law be restored and enforced to the full force and effect of this amendment. (d) In the event Public Service Commission jurisdiction is restored after the county, municipality, or GUSC has exercised its opt-out provision provided in subsection (c) and has voluntarily terminated the rate control agreement, the county, municipality, or GUSC may not again exercise its power to opt out of Public Service Commission jurisdiction and rate control for a period of five years from the date Public Service Commission jurisdiction is reinstated. (e) In the event that an entity, plant, property, or facility serves customers located in more than one municipality, the opt-out option provided in subsection (c) shall vest with the municipality that has a rate control agreement executed as of or prior to January 1, 2021, subject to approval of the Shelby County Commission. ”

Amendments

• Amendment 8 on November 8, 2022

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Text of the Constitution
• An Overview of Alabama's Six Constitutions
• Alabama Citizens for Constitutional Reform

Additional reading

• Connor, George E. Connor, and Christopher W. Hammons (2008). The Constitutionalism of American States. Columbia, Missouri: University of Missouri Press.
• McMillan, Malcolm Cook (1955). Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism. Chapel Hill, North Carolina: University of North Carolina Press.