3 years ago

An Alabama voters’ quick guide to state amendments on the Nov. ballot

A woman prepares to vote in 2006. (Photo: Nathaniel Shepard)
A woman prepares to vote in 2006. (Photo: Nathaniel Shepard)

When Alabama voters head to the polls on November 8th, they won’t just be electing a president; they will approve or reject 14 Constitutional amendments. If you need help navigating issues on the ballot, check out our guide below.

Amendment 1

What it says: “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.”

In a nutshell: Amendment 1 adds two new board members to the Auburn University Board of Trustees, and also ensures that the terms of no more than three members’ terms will expire at the same time.

Amendment 2

What it says: “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.”

In a nutshell: Amendment 2 restricts the state legislature from dipping into funds generated by state parks. It would constitutionally require that monies be spent on maintaining those parks, unless revenues top $50 million annually.

Amendment 3

What it says: “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.”

In a nutshell: Amendment 3 institutes a new procedure to determine whether a constitutional amendment should be voted on by the entire state or by the affected community only.

Amendment 4

What it says: “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.”

In a nutshell: Amendment 4 would expand local power by giving counties the ability to create new policies that apply to public transportation, road safety, emergency assistance, and personnel. It does not give county officials any new power or compensation. This amendment also prohibits new taxes, fees or programs from being instituted that would hinder a landowner’s legal rights to use their property, with the exception of legislative intervention.

Amendment 5

What it says: “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.”

In a nutshell: Amendment 5 cleans up and updates outdated terminology in Article III of the state constitution.

Amendment 6

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to become operative January 1, 2017, to repeal and replace Article VII, Impeachments.”

In a nutshell: Amendment 6 would require a two-thirds vote of the Alabama Senate to impeach a public official, and subjects members of the Board of Education to impeachment. It does not change the reasons why an elected official can be impeached.

Amendment 7 (Local)

What it says: “Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to provide that the employees of the Office of Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the Personnel Board of the Office of the Sheriff of Etowah County.”

In a nutshell: Amendment 7 would only apply to Etowah County, and make certain county employees subject to the authority of the Personnel Board of the Office of the Sheriff of Etowah County.

Amendment 8

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or place conditions on prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employees to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.”

In a nutshell: Amendment 8 would solidify the state’s “right-to-work” status into the constitution, making it difficult in the future for unions to force membership on Alabama workers as a condition of employment.

Amendment 9 (Local)

What it says: “Relating to Pickens County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person who is not over the age of 75 at the time of qualifying for election or at the time of his or her appointment may be elected or appointed to the office of Judge of Probate of Pickens County.”

In a nutshell: Amendment 9 applies to Pickens County only. It would allow a Probate Judge to serve until the age of 75 (the current age is 70).

Amendment 10 (Local)

What it says: “Relating to Calhoun County, proposing an amendment to the Constitution of Alabama of 1901, to provide that any territory located in the county would be subject only to the police jurisdiction and planning jurisdiction of a municipality located wholly or partially in the county.”

In a nutshell: Amendment 10 applies to Calhoun County only. If passed, it would prevent any city or town not in or partially in Calhoun from exercising jurisdiction over any area of the county.

Amendment 11

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, as amended, to permit cities and counties, notwithstanding any existing constitutional restrictions, to utilize tax increment district revenues collected within a Major 21st Century Manufacturing Zone and other moneys to incentivize the establishment and improve various types of manufacturing facilities located or to be located in such Zone, and to validate and confirm the Major 21st Century Manufacturing Zone Act, Act No. 2013-51.”

In a nutshell: Amendment 11 allows cities and counties to sell government-owned land within a certain type of development zone below fair market value for the purpose of economic development.

Amendment 12 (Local)

What it says: “Relating to municipalities in Baldwin County; proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature by general or local law to provide for any municipalities in the county to incorporate a toll road and bridge authority as a public corporation in the municipality for the construction and operation of toll roads and bridges in the municipality and to authorize the authority to issue revenue bonds to finance the projects.”

In a nutshell: Amendment 12 allows the legislature to create a toll and bridge authority for a city or town in Baldwin County. The authority would have the power to finance its projects and accept funding from state or local governments.

Amendment 13

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to repeal any existing age restriction on the appointment, election, or service of an appointed or elected official, with the exception of persons elected or appointed to a judicial office, currently imposed by a provision of the Constitution or other law; and to prohibit the Legislature from enacting any law imposing a maximum age limitation on the appointment, election, or service of an appointed or elected official.”

In a nutshell: Amendment 13 eliminates maximum age restrictions that currently apply to the election or appointment of non-judicial elected officials.

Amendment 14

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to ratify, approve, validate, and confirm the application of any budget isolation resolution relating to a bill proposing a local law adopted by the Legislature before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted.”

In a nutshell: Currently, legal questions over “budget isolation resolution” votes threaten a wide array of local laws. Amendment 14 seeks to protect the validity of over 500 local laws that have passed between 1984 and 2016, as long as they were approved using proper legislative rules at the time of their passage.

10 hours ago

Tuberville backs Alabama legislator’s bill making murder of on-duty first responder a capital offense

Former Auburn University head football coach Tommy Tuberville is backing HB 59, the bill passed by the Alabama Senate on Thursday that would make killing an on-duty first responder a capital offense.

The bill as amended and passed by the Senate names the proposed law in honor of slain Auburn Police Department Officer William Buechner, who was shot and killed in the line of duty on Sunday night.

Sponsored by State Rep. Chris Sells (R-Greenville), HB 59 passed the House previously. The amended version goes back to the chamber for expected concurrence next week.

In a statement to Yellowhammer News, Tuberville applauded the legislature for the bill, especially thanking the Senate for the amendment in Buechner’s memory, which was put onto the legislation by State Sen. Tom Whatley (R-Auburn).

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“I commend the Alabama Senate on their bill which makes the murder of an on-duty first responder a capital offense,” Tuberville said. “Murdering a first responder in Alabama should be classified as a capital offense. Not just police officers are covered in this bill all first responders are covered!”

The bill adds on-duty first responders to the list of murder victims that constitutes a capital offense. State law already makes the murder of an on-duty law enforcement officer or prison guard a capital offense.

Note the difference between a Class A felony murder charge and a capital murder charge: capital offenses in Alabama are punishable (unless the defendant was under the age of 18 at the time of the crime) by life in prison without the possibility of parole or death. Class A felonies are punishable by 10-99 years in prison, with stricter guidelines for offenders with prior criminal convictions.

Sells’ bill would also add on-duty law enforcement officers, prison guards and first responders as victims in the list of aggravating circumstances to a capital offense. This would make the death penalty more likely in the sentencing phase of this kind of capital offense.

In HB 59, first responders are defined as emergency medical services personnel licensed by the Alabama Department of Public Health and firefighters and volunteer firefighters as defined by existing state law.

Lee County District Attorney Brandon Hughes has said he will seek the death penalty if the man charged with Buechner’s death is convicted on a capital murder charge.

Tuberville’s vocal support for the bill came the same day as Buechner’s funeral.

“Today, as Officer William Buechner is laid to rest, we celebrate his heroic life and the ultimate sacrifice he made to protect our citizens,” Tuberville emphasized.

On Friday, Tuberville also visited Auburn Police Department Officer Webb Sistrunk, who was critically wounded in the shooting that killed Buechner.

(T. Tuberville/Facebook)

“It was such an honor for me to visit with Webb Sistrunk, one of the brave Auburn police officers who was shot earlier this week,” Tuberville shared.

Tuberville with Mark Sistrunk, the officer’s father (Contributed)

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

10 hours ago

‘Our hero’: Slain Auburn officer’s neighborhood lights up blue to honor him

Neighbors of murdered Auburn Police Department Officer William Buechner are backing the blue in a very visible way, honoring the fallen hero’s life of selfless service.

As reported by WSFA, the Opelika subdivision that Buechner and his family lived in is showing their solidarity en masse.

In a moving tribute, many of the neighborhood’s homes have replaced their regular porch lights with blue lights, shining proudly in Buechner’s memory.

Tracy McDaniel is among those neighbors paying tribute to the officer and beloved community member.

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Tracy McDaniel’s home, as contributed by her. (Sally Pitts/Facebook)

McDaniels’ home is far from the exception. One photo shows an entire street the neighborhood turned blue to honor the fallen officer.

Photo by Samantha Xaysombath Smith (WSFA/Twitter)

“William was a lot of great things. A great man, friend, husband, and father, police officer, neighbor, the list goes on,” Smith explained. “His son will grow up to learn that his daddy was a hero, and we will forever remember that he was our hero too.”

Another woman in the neighborhood, who asked to remain anonymous when speaking with WSFA, said she was aware of at least 15 homes participating in the special tribute but expected that number to increase.

“We all have rallied to find each other more lightbulbs,” the woman said, “and contact those who have been out of town or may need assistance reaching their fixtures. It’s been a true team effort.”

The lights are reportedly expected to remain on at least through Saturday, the day after Buechner’s funeral.

Buechner is survived by his wife of three years, Sara; son, Henry; and step-daughter, McKenna.

“This village we speak of, he knows we will take care of Sara and the family,” Smith added. “After all, it does take a village. We back the blue.”

There has been a GoFundMe set up for Buechner’s family.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

11 hours ago

Palmer introduces bill to stop federal funding of anti-ICE ‘sanctuary airports’

Congressman Gary Palmer (AL-06) is taking a major stand against airports in liberal strongholds that try to subvert federal law.

Palmer’s office on Thursday announced that the Birmingham-area congressman has introduced the PLANE Act, the Prohibiting Local Airports from Neglecting Enforcement Act (H.R. 2955).

In April, an airport in Seattle, Washington, banned flights known collectively as “ICE Air,” which included flights that deported illegal immigrants or transported detainees to the appropriate detention center.

If passed, the PLANE Act would withhold federal grants from airports that violate grant agreements by attempting similar action, such as imposing unreasonable conditions or restrictions on airplanes operating under ICE or other contracted government agencies.

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“Airports that refuse to cooperate with ICE should not receive federal grants,” Palmer said in a statement.

“The rule of law must not be thwarted by so-called ‘sanctuary airports,’ especially when they potentially delay the removal of people accused of crimes like human trafficking and rape,” he added. “Political posturing cannot be permitted when an airport has agreed to cooperate with law enforcement in exchange for federal funds.”

Palmer is now serving as the chair the Republican Policy Committee, which is the fifth highest ranking leadership role amongst Republicans in the United States House of Representatives.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

12 hours ago

Rumors and Rumblings, 2nd Ed. Vol. VIII

“Rumors and Rumblings” is a regular feature on Yellowhammer News. It is a compilation of the bits and pieces of information that we glean from conversations throughout the week.

Enjoy.

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1. Hey Arnold! State Rep. Arnold Mooney (R-Indian Springs) caused a bit of a stir this week when he introduced a request to censure State Rep. John Rogers (D-Birmingham) for comments Rogers made during the chamber’s debate of the abortion bill. Numerous GOP House members were upset by the move, not so much for the substance of the request as much as for the timing — and the perceived motivation behind it.

The request came as the body was attempting to address a “ten-minute” calendar of bills. The aim of a ten-minute calendar is to quickly dispose of some of the more mundane pieces of legislation with the idea being that each member gets ten minutes to pass their bill or else the House moves on to the next item. As soon as Mooney introduced his letter of censure, the environment in the chamber became hostile, resulting in an adjournment and the end of the calendar. Dozens of members lost the opportunity, at that point at least, to pass their individual pieces of legislation, including an anti-human trafficking bill and legislation to help feed needy children in the state.

Some members wondered why Mooney waited nine days to introduce his letter. His letter was dated May 13 and not introduced until May 22. This event came on the heels of Mooney previously sending out a campaign letter to supporters questioning the ideological bearings of his fellow Republican legislators. When asked if Mooney had expressed any of these concerns to the GOP caucus at-large prior to his candidacy for the U.S. Senate, one member responded, “No. He had not.”

2. A tale of two cities. As Mooney spent the week trying to burnish the type of outsider credentials attractive to Club for Growth, another one of his colleagues spent his week in D.C. trying, presumably, to lay a similar foundation. State Rep. Will Dismukes (R-Prattville) was boots on the ground in the nation’s capital this week. Dismukes has let it be known that he was contemplating his own run for the U.S. Senate. He has done a fair job of keeping those cards close to the vest, although his trip to Washington would lend to the notion that he continues to have interest in a federal office.

The mathematical side effect of Dismukes’ absence nearly reached a heightened level of consequence. Consideration of any legislation prior to the passage of both budgets requires a 3/5 vote of those in the body voting. The lottery failed this week because it did not receive the required 3/5 threshold of those voting. In Dismukes’ absence from the state, someone voted his machine on his behalf as an abstention rather than simply not voting at all. He was the only legislator to vote to abstain. This still raises the threshold of required votes.

There were 90 total members that voted — which means the lottery needed 54 votes to proceed. It only received 53. Had someone not voted Dismukes’ machine and 89 members had voted, the lottery would still have needed 54 votes but by a much slimmer margin since 3/5 of 89 equals 53.4. That’s how close the lottery came to advancing to full consideration by the House.

3. Is broadband really a priority for members of the Alabama House? While the state legislature’s budget negotiations have been relatively smooth so far this session, there is one major issue that has seemingly popped up at the last minute.

Senate President Pro Tem Del Marsh (R-Anniston) and Senate Finance and Taxation Education Chairman Arthur Orr (R-Decatur) put $30 million in the Senate-passed Education Trust Fund Budget for the state’s rural broadband grant program established last year by State Senator Clay Scofield’s (R-Guntersville) landmark legislation.

As the legislature continues to work on beefing up last year’s legislation through Scofield’s SB 90 this year, the House is now seemingly set to slash the broadband funding approved by the Senate. The House Ways and Means Education Committee this week approved an education budget that cut the broadband funding by 73%, dragging the total down from $30 million to only $8 million.

Proponents of the larger number have said that there is not a better use of one-time money than to expand broadband services across the state. Will Chairman Bill Poole (R-Tuscaloosa) and the House at-large work with the Senate and restore the important broadband funding?

4. Art of the Deal. Senator Richard Shelby (R-AL) once again proved his master negotiating skills this week, securing a crucial disaster relief package deal against seemingly insurmountable differences between the increasingly polarized factions in Washington, D.C.

This package will provide much-needed aid to many in the Yellowhammer State, including those in southeast Alabama devastated by Hurricane Michael.

Shelby bridged the gap between Republicans and Democrats in Congress, while even managing to get President Donald Trump to drop his demands to include non-disaster related earmarks in the package — a concession that was key to getting enough votes in the Senate and House. The legislation quickly passed the Senate 85-8 Thursday before a lone House member objected to its unanimous passage on Friday. The House can take the legislation up after Memorial Day on Tuesday, when it is expected to overwhelmingly pass that chamber and then be signed into law.

One keen observer told Yellowhammer News that this type of achievement will not make nearly the number of headlines it should back at home, but once again Shelby has delivered for his state as he continues to cement his legacy as “Alabama’s greatest statesman.”

12 hours ago

Alabama legislature passes bill to ensure accuracy in meat labeling

MONTGOMERY — The Alabama Senate on Thursday took steps to ensure that the definition of “meat” when applied to food labeling should only apply to products sourced from livestock on farms and ranches and harvested through processing; the bill clarifies that laboratory-grown products may not be labeled as meat, protecting Yellowhammer State consumers from potentially misleading packaging.

In a unanimous vote, the Senators passed HB 518, sponsored by State Rep. Danny Crawford (R-Athens) and State Sen. David Sessions (R-Grand Bay). The bill was previously passed by the House 97-2 and now heads to Governor Kay Ivey’s desk.

“This is proactive legislation to ensure clarity in food labeling. Around the country, there are more and more companies trying to market lab-grown products as meat, which is misleading since they aren’t derived from actual livestock production,” Sessions said in a statement.

Sessions pointed out that the nutritional and safety risks of foods developed in labs from animal cell cultures are still unknown.

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“These new lab-produced foods are, at best, synthetic meats, and their nutritional effects are unknown right now. Let’s see how the science develops through further research, and make a clear distinction between meat that is farm-raised on the one hand, and lab-based products on the other,” he advised.

The beef cattle industry represents a $2.5 billion industry in Alabama and is the number two agricultural commodity in the Yellowhammer State, with over 20,000 cattle farms. Beef continues to be a favorite protein among consumers worldwide, with exports of American beef representing an $8 billion industry by itself.

“The Alabama Cattlemen’s Association represents over 10,000 members across the state. As alternative proteins enter the marketplace in coming years, we think it is imperative that the integrity of all meat labels are protected and clear for consumers when they go to the meat case,” Erin Beasley, executive vice president of the Alabama Cattleman’s Association, commented.

She concluded, “The passage of this bill is a win-win for the consumers who love to buy beef, and the cattlemen who work hard to produce a high-quality product. We would like to thank the Alabama Legislature for the support of this bill, and especially Senator David Sessions and Representative Danny Crawford for carrying the bill.”

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn