Re:
I am getting several questions regarding the amendments on the ballot in November. Here is a summary with a good, clear explanation of each. Hope this is helpful!
Amendment Ballot Language Summary
#1 "Proposing an amendment to the Constitution of Alabama of 1901, to establish procedures to ensure that no more than three of the members of the Auburn University Board of Trustees shall have terms that expire in the same calendar year and to add two additional at—large members to the board to enhance diversity on the board."
Amendment 1 does two things. First, it sets up a process to make sure that no more than three of the members of the Auburn University Board of Trustees will have terms that end in the same year. Second, it adds two more at-large members to the board who are intended to add diversity to the Board. This increases the Board from 14 to 16 total members with 5 at-large members. There is no cost for Amendment 1.
If the majority of the voters vote "Yes" on Amendment 1, no more than three of the members of the Auburn University Board of Trustees will have terms that end in the same year and two more at-large members will be added to the board.
If the majority of voters vote "No" on Amendment 1, the Auburn University Board of Trustees will not be able to limit the number of board member terms expiring in the same year and two more at-large members will not be added to the board.
#2 "Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently
deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently
designated pursuant to statute for the use of the state parks system from being transferred for
another purpose other than the support, upkeep, and maintenance of the state parks system."
"Notwithstanding, in the event that guest revenues to the State Parks Revolving Fund exceed the threshold of $50 million (as annually adjusted based on increases in the consumer price index) in a fiscal year, the sales and use and cigarette tax revenue distributed to benefit the
State Parks System shall be reduced in the following fiscal year. The amount of the reduction shall correspond to the amount of guest revenue to the State Parks Revolving Fund exceeding the threshold. The amount of tax revenue not distributed to benefit the State Parks System shall be distributed to the General Fund." "Proposing an amendment to Amendment 617 of the Constitution of Alabama of 1901, to allow the Department of Conservation and Natural Resources the option to provide for the operation and management, by non-state entities, of hotels, golf courses, and restaurants at any applicable state parks in Alabama."
Under current law, some revenues generated at state parks may be spent by the Legislature for purposes other than maintaining the state parks. Additionally, with some exceptions, current law requires the Department of Conservation and Natural Resources to operate and maintain all state park lands and facilities. Amendment 2 would prevent the Legislature from spending revenues generated at state parks for purposes other than maintaining the state parks unless these revenues exceeded $50 million annually. Amendment 2 would also allow, but not require, certain state park lands and facilities to be operated and maintained by an entity other than the Department of Conservation and Natural Resources. There is no cost for Amendment 2.
If a majority of voters vote "Yes" on Amendment 2, revenues generated at state parks would be much more likely to be used for maintaining state parks, and an entity other than the Department of Conservation and Natural Resources could be allowed to operate and maintain certain state park lands and facilities.
If a majority of voters vote "No" on Amendment 2, the Legislature would continue to be able to spend revenues generated at state parks for purposes other than maintaining state park lands and facilities, and all state park lands and facilities would remain exclusively operated by the Department of Conservation and Natural Resources.
#3 "Proposing an amendment to the Constitution of Alabama of 1901, to revise the procedure for adoption of local constitutional amendments to provide that a proposed constitutional amendment the Legislature determines without a dissenting vote applies to only one county or a political subdivision within one or more counties shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county or the political subdivision and county or counties in which the political subdivision is located, who vote on the amendment."
Amendment 3 would replace the existing method for deciding whether a proposed constitutional
amendment should be voted on a) by the voters of the affected local community only, or b) by the voters of the entire state. Currently, that decision is made by the Local Constitutional Amendment Commission, which is composed of the Governor, Lieutenant Governor, Speaker of the House of Representatives, Attorney General, and Secretary of State. For your information, a proposed constitutional amendment first must be passed by a three-fifths vote of each house of the Legislature. The amendment must then be ratified by a vote of the people on an election ballot. All constitutional amendments must be decided by the voters of the entire state unless a)
the proposed amendment affects only a single county or city, and b) there was no dissenting vote in either house of the Legislature. In that case, the vote on the amendment will be limited to only the voters of the affected area, and only those voters will have the amendment on their election ballot. After the Legislature passes a proposed amendment, the Local Constitutional Amendment Commission makes the final decision on whether that amendment is eligible for a local vote. If the Commission rules that the amendment is not eligible for a local vote, it will be placed on the ballot statewide. There is no cost for Amendment 3.
If a majority of voters vote "Yes" on Amendment 3, the Local Constitutional Amendment Commission will be abolished, and the final decision on whether a proposed constitutional amendment should be voted locally or statewide will instead be made by the Legislature. After the Legislature votes to pass a proposed amendment, each house of the Legislature would then be required to pass a resolution deciding whether the proposed amendment will be voted locally or statewide. If any single legislator votes against that resolution, the proposed amendment will be placed on the ballot statewide.
If a majority of voters vote "No" on Amendment 3, the existing method of deciding whether a proposed constitutional amendment should be voted on locally or statewide will continue to operate.
#4 "Proposing an amendment to the Constitution of Alabama of 1901, to authorize each county commission in the state to establish, subject to certain limitations, certain programs related to the administration of the affairs of the county."
The State Constitution gives local government very little legislative authority, and instead provides that authority to the legislature. So, the legislature makes decisions for counties and local governments one at a time, through "local acts."
In 2005, the Legislature adopted The Alabama Limited Self Governance Act, which allows counties to adopt laws that address controlling weeds, junkyards, litter and rubbish, noise, pollution, unsanitary sewage and animal control without having to ask permission from the Legislature. The laws are only effective in unincorporated areas of the county and can only be enforced if approved by a majority of voters in the affected area. Since 2005, 19 counties have utilized the provisions of this law. Amendment 4 would give counties essentially the same authority granted through the Alabama Limited Self Governance Act without the need for seeking approval from a majority of voters in the affected area. Under Amendment 4, counties could pass and enforce these laws by vote of the county commission. Specifically, Amendment 4 would allow for counties to adopt programs and policies relating to county personnel, litter-free roadways and public property, public transportation, safety on public roads and emergency assistance. Amendment 4 would prevent a county from imposing a tax or fee or, establishing any program that would infringe on a citizen's rights to the use of his or her private property. Amendment 4 would not change any of the compensation, terms of office, powers or duties of elected officials of the county. There is no cost for Amendment 4. Amendment 4 does not apply to Jefferson County and does not allow a county to supersede, repeal, or amend a local law that currently exists.
If a majority of voters vote "Yes" on Amendment 4, county commissions can adopt programs and policies relating to county personnel, litter-free roadways and public property, public transportation, safety on public roads, and emergency assistance without having to ask permission from the legislature.
If a majority of voters vote "No" on Amendment 4, the process used by counties for adopting and enforcing local laws related to controlling weeds, junkyards, litter and rubbish, noise, pollution, unsanitary sewage and animal control would remain the same.
#5 "Proposing an amendment to the Constitution of Alabama of 1901, to repeal and restate the provisions of Article III of the Constitution of Alabama of 1901 relating to separation of powers to modernize the language without making any substantive change, effective January 1, 2017."
Language related to the powers given to the three branches of Alabama government is currently
contained in two parts of the State Constitution. The first part, known as Article III, divides state
government into the legislative, executive, and judicial branches, and says that one branch "shall never" exercise the powers of the other two branches. The second part, known as Amendment 582, says that the state is required to follow a state court order to spend state funds only after the spending has been approved by a majority of the Legislature.
Amendment 5 does two things. First, it combines Article III and Amendment 582 into the same part of the State Constitution. Second, it r
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