State amendment would keep nearly 700 local laws on the books

When voters head to the polls early this month, there will be several things to consider.

In addition to the presidential and congressional elections, as well as a few circuit and district judge races, Alabamians have to vote on 14 amendments to the state constitution, covering a range of topics including impeachment, age restrictions for officials and the allocation of state park funds.

Of those amendments, Amendment 14 could have a direct impact on dozens of municipalities around the state.

“Everybody in the state will be impacted by this amendment one way or another,” said state Sen. Cam Ward, R-Alabaster. 

Ward was the sponsor of the bill that was passed during the August special legislative session that brought about the vote.

Ward said the bill comes from an inconsistency between the state House of Representatives’ procedure and the state constitution regarding the required majority to pass a local bill before the state budget is passed.

In December 2015, a Jefferson County court ruled that the process itself violated the constitution. That decision is currently in the appeal process and set to go before the state Supreme Court, but should the court let the ruling stand, nearly 700 local laws would be “thrown out” due to a technicality, Ward said.

The amendment would rectify the procedural inconsistency, and would grandfather-in any past local bills that would otherwise be affected. “Every county in the state has some sort of local bill that would be affected by this,” Ward said.

Bills as far back as 1985 could be considered unconstitutionally passed, and any local laws affected would have to go back through the state legislature in order to be back on the books.

For Vestavia Hills, several local laws would be at stake, including the 2015 alcoholic beverage provision for entertainment districts, such as the one where First Friday events in Rocky Ridge are held. Several county issues, such as the occupational tax and the setup of the transit authority, are also involved.

At city council meetings in September and October, outgoing Mayor Butch Zaragoza and Place 4 Councilor George Pierce strongly encouraged citizens to vote “yes” for Amendment 14. At its final meeting on Oct. 24, the 2012-2016 council passed a resolution formally supporting the amendment.

"If the Amendment 14 is not passed, that will adversely affect many cities and counties in our area and statewide," Pierce said in an email in October.

The vote on the amendment is part of the general election Tuesday, Nov. 8.