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Information for this page was received from several sources including:

The Anniston Star
April 1 Article: Hey Alabama, Want to Know How Out of Touch Your Constitution is?

The Alabama Archives

 

 


Strange Things to Know about the Alabama Constitution
Did you know that Amendment 520 allows Madison County to exhume human remains?

Did you know that the Alabama constitution makes chicken feed tax-free while baby food is not. Did you also know that motor oil is tax-free while prescription drugs are not?

Did you know that Admendment 546 authorizes Limestone County to tax pool halls and bowling alleys?

Did you know that the 1901 Constitution actually states, "The state shall not engage in works of internal improvements."

Did you know that Amendment 351 permits a tax that lets Mobile County spray for mosquitoes and kill rats?

Did you know that the Legislature had to pass and the whole state had to vote on a constitutional amendment that repealed a bounty on beaver pelts in Fayette County?

Home Rule and the County Governement
The framers of the 1901 constitution - a coven of industrialists and land barons intent on protecting and preserving their power - deliberately centered control in Montgomery, at the expense of Alabama's counties. They believed, rightly, that it's easier to control one Legislature than it is to control 67 county governments. So they designed a constitution that forced county governments to go begging to the Legislature for local laws. The constitution also forced amendments for any exceptions to state law sought by counties.

Taxing Issues
On tax issues alone, the constitution contains more than 200 amendments establishing specific local taxes, providing tax exemptions and creating special taxing districts, among other items.

For example, Amendment 373 requires that business property be assessed for taxes at twice the rate of residential or agricultural property. Next, the amendment reduced the already low tax bite on agricultural land by as much as half or more. It did this through a unique and arbitrary trick known as "current use." Alabama applies current use to virtually any property, urban or rural, where owners claim to be growing something for sale. The tract may be a paper company's vast pine plantation miles from the nearest town. Or it may be a few acres next to a mall where a speculator has stuck some pine trees. Indeed, more than half the property on Mobile County's tax rolls has current use protection. As a result, the land in this category produces just 1 percent of the county's property taxes. Taxed at its fair market value, this land would yield $2.4 million in annual county taxes; taxed under current use, it yields $1.3 million, according to the county revenue office.

Size Matters
The U.S. Constitution will fit into your shirt pocket, having been amended just 27 times. Alabama's constitution, 40 times longer, has been amended more than 700 times. Amendment 489, the one dealing with the Alabama Music Hall of Fame, is nearly as long as the U.S. Constitution!

Retirement and the Constitution
The constitution prohibits local public officials from participating in public retirement plans. In response, local governments often let their longtime public servants retire through a ruse called "supernumerary" pay. They pretend these retired officials are still working and on call. A much cheaper and fairer way is to have officials contribute to retirement plans, just as regular public employees do. But to do this, a county first must seek a constitutional amendment.