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Measure Details

Statewide Amendment 4

Alabama Ballot Measure - HB193

Election: Nov. 8, 2016 (General)
Outcome: Passed

Categories:
Federal, State and Local Relations
Constitution

Yes
1,141,004
(71.67%)

No
450,952
(28.33%)

Summary

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.

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.

Measure Text

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.

Yes ( ) No ( )

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