Your Guide to the 2016 Proposed Constitutional Amendments
When Alabama voters head to the polls November 8, they won’t just choose candidates in the presidential and congressional races. They’ll also have the chance to vote “yes” or “no” on 14 proposed statewide constitutional amendments. Some are technical or just affect a local area. Others have a much wider impact.
Amendment 1 – Auburn University Board
Amendment 1 would make two changes to the Auburn University Board of Trustees. First, it would establish a method of extending certain board members’ terms by a year in order to ensure that no more than three members have terms that end in the same year. Secondly, it would add two at-large board members, bringing the board to 16 members, including five at-large members.
Amendment 2 – State Parks
Alabama’s state park system runs largely on fees from visitors to the parks. But state lawmakers have sometimes taken portions of that revenue and redirected it to the state’s General Fund. The practice grabbed attention in 2015 when the park system became embroiled in legislative battles over the state’s General Fund Budget.
Amendment 2 would bar lawmakers from taking money from the state parks unless revenues exceed $50 million annually. It would also allow private entities to run park facilities such as hotels, golf courses or restaurants.
Amendment 3 – Constitutional Amendments
There are two kinds of proposed constitutional amendments. An amendment can be placed on the ballot statewide, or in just one community. Right now, the Local Constitutional Amendment Commission makes that classification.
Amendment 3 would change that by getting rid of the commission. Instead, state lawmakers would decide. Under this measure, after passing a constitutional amendment, lawmakers would then vote on a resolution to determine whether that proposed amendment would be voted on statewide or only in the affected area. If just one lawmaker votes against making the amendment local-only, the amendment would automatically go to a statewide vote.
Amendment 4 – County Powers
In Alabama, counties have little “home rule,” meaning much of the governing power is concentrated in Montgomery. State lawmakers have granted some powers to local governments through the Alabama Limited Self Governance Act. It allows counties to create laws to address litter, animal control, pollution and sewage, among other things. But those laws apply only to unincorporated areas of that county and only after a majority vote of those in that jurisdiction.
Amendment 4 would get rid of the requirement for the laws to be approved by a vote of affected residents. The amendment does not allow county leaders to collect a fee or tax. It also does not apply to Jefferson County.
Amendment 5 – Constitutional Language
Amendment 5 combines two sections of the Alabama Constitution, Article III and Amendment 582, which have to do with separation of powers between the state’s three branches of government. It also modernizes the language in those sections. It doesn’t change current law.
Amendment 6 – Impeachment
Alabama Governor Robert Bentley faces possible impeachment as a probe by state lawmakers is underway. But Amendment 6, which aims to clarify how state officials are impeached, actually predates the current scandal.
Right now, the Alabama Constitution does not say how many legislator votes are needed to remove a public official, such as a governor, attorney general or supreme court justice. This amendment would require a two-thirds vote of the Senate to remove an official from office. The amendment also would allow members of the Alabama Board of Education to be impeached and would prohibit impeachment of the state school superintendent. A superintendent is appointed by the board and, if the amendment passes, only the board could remove the superintendent, not through impeachment.
Amendment 7 – Etowah County Sheriff’s Employees
Amendment 7 applies only to Etowah County. It puts Etowah County Sheriff’s Office employees under the Personnel Board of the Office of Sheriff of Etowah County. It would not apply to the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications or food service manager.
Amendment 8 – Right To Work
Alabama is a right-to-work state. That means an employee cannot be required to join a union as a condition of employment. That’s already part of Alabama law, but Amendment 8 would put that language in the state constitution.
Business interests say putting right-to-work language in the Alabama Constitution would help promote economic development and attract potential employers to the state. Union leaders say it’s unnecessary, a waste of taxpayer money and won’t add any jobs.
Amendment 9 – Pickens County Judges
Amendment 9 applies only to Pickens County. Alabama law bars judges from being elected or appointed if they are at least 70 years old. This amendment would raise that age limit to 75 for Pickens County probate judges.
Amendment 10 – Calhoun County
Amendment 10 applies only to Calhoun County but touches on an issue that’s been rumbling across the state. Alabama law allows some cities to extend police jurisdictions three miles beyond their municipal borders. That means they provide police and fire services there and collect revenue for it. These cities can also create a planning jurisdiction five miles beyond their borders.
A few years ago, Lincoln, in Talladega County, expanded its police jurisdiction, which includes portions of neighboring Calhoun County. Amendment 10 would allow only cities or towns in Calhoun County to have police or planning jurisdictions in Calhoun County.
Amendment 11 – Tax Increment Financing
Alabama law allows local governments to acquire private property through tax increment financing districts, or TIF districts, for large industrial projects. The idea is that the extra property tax created by the investment in these areas could be used for infrastructure improvements, redevelopment or incentives. These would be for projects of at least $100 million on at least 250 acres.
Local governments can sell that property to a private owner, but it must be for at least fair market value. Amendment 11 lets cities and counties sell the property at any price.
Industrial recruiters say TIFs are an important tool for landing new operations and this flexibility would help Alabama stay competitive with other states. Detractors of TIFs say they limit the amount of tax revenue that goes to schools, fire departments and other services supported by property taxes. They add that some projects happen without those incentives.
Amendment 12 – Baldwin County Toll Bridge
Amendment 12 applies only to Baldwin County. It would allow the state legislature to set up a toll road and bridge authority for local communities in Baldwin County. If such an authority were created, it would build and oversee the toll road or bridge for that city or town.
Amendment 13 – Repealing Age Restrictions
Some public offices in Alabama have age limits. Amendment 13 removes those age limits for elected or appointed offices, except for judicial positions, and prevents the legislature from setting new age limits.
Amendment 14 – Budget Isolation Resolutions
Amendment 14 is highly technical. But in short, supporters of the amendment say a procedural issue means more than 600 local laws, from alcohol sales to sales taxes, could be overturned through legal challenges. This amendment would ensure these laws remain on the books. Opponents say the threat is overblown and is an end run around a Jefferson County case on appeal. Here are more details.
See the proposed constitutional amendments as they will appear on the ballot.
See the Fair Ballot Commission’s summary of the proposed constitutional amendments.
UPDATE (10/26/16): Clarified and added language under Amendment 11.
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