Alabama Const. art. 4, § 104 — Alabama Constitution / Article 4 / Section 104
Special, private or local laws — Prohibited in certain cases. The legislature shall not pass a special, private, or local law in any of the following cases:
Status: in_force

Sec. 104. Special, private or local laws — Prohibited in certain cases. The legislature shall not pass a special, private, or local law in any of the following cases:

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(1) Granting a divorce; 
(2) Relieving any minor of the disabilities of nonage; 
(3) Changing the name of any corporation, association, or individual; 
(4) Providing for the adoption or legitimizing of any child; 
(5) Incorporating a city, town, or village; 
(6) Granting a charter to any corporation, association, or individual; 
(7) Establishing rules of descent or distribution; 
(8) Regulating the time within which a civil or criminal action may be 
begun; 
(9) Exempting any individual, private corporation, or association from the 
operation of any general law; 
(10) Providing for the sale of the property of any individual or estate; 
(11) Changing or locating a county seat; 
(12) Providing for a change of venue in any case; 
(13) Regulating the rate of interest; 
(14) Fixing the punishment of crime; 
(15) Regulating either the assessment or collection of taxes, except in connection 
with the readjustment, renewal, or extension of existing municipal 
indebtedness created prior to the ratification of the Constitution of 
eighteen hundred and seventy-five; 
(16) Giving effect to an invalid will, deed, or other instrument; 
(17) Authorizing any county, city, town, village, district, or other political 
subdivision of a county, to issue bonds or other securities unless the issuance 
of said bonds or other securities shall have been authorized before the 
enactment of such local or special law, by a vote of the duly qualified electors 
of such county, township, city, town, village, district, or other political 
subdivision of a county, at an election held for such purpose, in the manner 
that may be prescribed by law; provided, the legislature may, without such 
election, pass special laws to refund bonds issued before the date of the 
ratification of this Constitution; 
(18) Amending, confirming, or extending the charter of any private or 
municipal corporation, or remitting the forfeiture thereof; provided, this 
shall not prohibit the legislature from altering or rearranging the boundaries 
of the city, town, or village; 
(19) Creating, extending, or impairing any lien; 
(20) Chartering or licensing any ferry, road, or bridge; 
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(21) Increasing the jurisdiction and fees of justices of the peace or the fees of constables; (22) Establishing separate school districts; (23) Establishing separate stock districts; (24) Creating, increasing, or decreasing fees, percentages, or allowances of public officers; (25) Exempting property from taxation or from levy or sale; (26) Exempting any person from jury, road, or other civil duty; (27) Donating any lands owned by or under control of the state to any person or corporation; (28) Remitting fines, penalties, or forfeitures; (29) Providing for the conduct of elections or designating places of voting, or changing the boundaries of wards, precincts, or districts, except in the event of the organization of new counties, or the changing of the lines of old counties; (30) Restoring the right to vote to persons convicted of infamous crimes, or crimes involving moral turpitude; (31) Declaring who shall be liners between precincts or between counties. The legislature shall pass general laws for the cases enumerated in this section, provided that nothing in this section or article shall affect the rightof the legislature to enact local laws regulating or prohibiting the liquor traffic; but no such local law shall be enacted unless notice shall have been given as required in section 106 of this Constitution. Sec. 104.01. Election of city boards of education — Population 125,000 or less. The Legislature by local law may provide in any municipality with a city board of education for the conducting of an authorizing referendum election regarding changing the city board of education to an elected city board of education. The Legislature by local law may authorize the governing body of any municipality with a city board of education, upon a recorded majority vote of the governing body, to call and conduct an authorizing referendum election regarding changing the city board of education of that municipality to an elected city board of education. If a majority of the qualified electors voting in an authorizing referendum election called in either of the preceding manners vote in favor of an elected city board of education, the Legislature, from time to time, by local law may provide for the election of a city board of education in that municipality. Such

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local law or laws may include, but are not limited to, providing for termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; and compensation. Any general law, municipal classification law, or local law providing for or authorizing an elected city board of education in any municipality enacted within the last 1,095 days prior to the ratification date of this amendment is validated and confirmed. Any local referendum conducted pursuant to such general law, municipal classification law, or local law, or any combination of such laws, in which a majority of the qualified electors of the municipality voting voted in favor of an elected city board of education, is also validated and confirmed and that local referendum is considered as an authorizing referendum election for purposes of this amendment. Notwithstanding Acts 97–679 and 97–616 of the 1997 Regular Session, initial elections for the members of the Tuscaloosa City Board of Education shall occur at the regularly scheduled municipal elections in the year 2001. Public hearings shall be held by the legislative delegation and amendments may be prepared and enacted by the Legislature which are deemed necessary and appropriate by the local delegation for any local legislation, including Acts 97–679 and 97–616 of the 1997 Regular Session, which are validated and confirmed by this amendment. The results of any authorizing referendum election called pursuant to this amendment shall be reported to the State Board of Education which shall maintain a continuing record of those results for public inspection. It is the intent of the Legislature that this amendment supersede any other provision of this constitution which may be construed as being in conflict with this amendment. Notwithstanding the foregoing, this proposed amendment shall not apply to any municipality with a population exceeding 125,000 according to the most recent federal census.

Sec. 104.02. Election of city boards of education — Population exceeding 125,000. I. The members of the city board of education of any municipality in the state with a population exceeding 125,000 shall be elected by the qualified electors of the municipality in which the city board of education is located.

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II. This amendment shall apply to a municipality with a population exceeding 125,000 if, at the time this amendment is submitted to a statewide vote, a majority of the qualified electors voting on the amendment in the respective municipality vote in favor of the amendment. III. Upon the application of this amendment to a respective municipality, either at the time of the ratification of this amendment or at a later time, the Legislature shall, by local law, provide for the dissolution of any existing nonelected city board of education in an applicable municipality and for the date the elected city board of education shall be constituted. The existing city board of education shall continue to function until the date of dissolution. Additionally, the Legislature, by local law, may provide for the termination of the terms of office of members of an existing city board of education; the composition of the elected city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; and compensation. IV. If a municipality comes within the application of this constitutional amendment after the date of ratification of this constitutional amendment, the provisions of this constitutional amendment shall only apply to that municipality if such provisions are approved by a majority vote of the qualified electors of the municipality voting at a special referendum called and conducted pursuant to local law, adopted from time to time by the Legislature.