Section 1. Limited Home Rule.
(a) Except as herein provided, the Baldwin County Commission may adopt ordinances, resolutions, or regulations relating to its property, affairs, and county government for which no provision has been made by general law and which is not inconsistent with this constitution or any local law enacted by the Alabama Legislature. Notwithstanding the general grant of power in the preceding sentence, the Baldwin County Commission may not establish or levy any new tax or raise revenue except as authorized by this constitution or by general or local law enacted by the Legislature of the State of Alabama.
(b) The Baldwin County Commission, in the adoption of ordinances, resolutions, regulations, or amendments to such ordinances, resolutions, or regulations implementing the provisions of this amendment, shall provide for public notice and hearings as follows:
(1) The county commission shall hold two advertised public hearings on the proposed ordinance, resolution, or regulation or any amendment to ordinances, resolutions, or regulations at regularly scheduled meetings of the commission.
(2) The required advertisement shall be no less than one-eighth page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 14 point. This advertisement shall be placed in both that portion of the newspaper where legal notices and classified advertisements appear and in the other portion of the newspaper. The advertisement shall be published in newspapers of general paid circulation in the county and of general interest and readership in the community. In addition, the advertisement may be placed on a website.
(3) An ordinance may not be considered for adoption until the next regularly scheduled meeting of the county commission after the public hearings provided for above.
(c) Every ordinance of the Baldwin County Commission shall embrace only one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended section, subsection, or paragraph of a subsection. The enacting clause of every ordinance shall read: "Be It Ordained by the County Commissioners of Baldwin County."
(d) The Baldwin County Commission shall maintain a current codification of all ordinances. The codification shall be updated at least annually. All ordinances shall be available to the public at the main courthouse and at all satellite courthouses. A reasonable charge may be made for the copies but the charges shall not exceed the actual costs incidental to providing the copies. In addition, the county commission may post the ordinances on the Internet.
(e) The Baldwin County Commission may fix the salaries, compensation, expenses, and other benefits and terms of employment of those employed by the Baldwin County Commission, not to include any employee of the sheriff subject to Amendment 717 of this constitution, now appearing as Section 9, Local Amendments, Baldwin County, Official Recompilation of the Constitution of Alabama of 1901, as amended, and establish and maintain retirement or pension systems, insurance, workers' compensation, hospitalization, and medical benefits for those employees as well as the employees of the Baldwin County Legislative Office. The Baldwin County Commission may employ a county administrator and other professional staff as it deems appropriate to be authorized and directed to perform any applicable management and administrative function associated with the management of county property and services.
Section 2. Supplementary powers.
(a) The Baldwin County Commission, in addition to, and supplementary of, all powers possessed by or conferred upon Baldwin County or otherwise provided by general law, may by ordinance or resolution exercise the following powers, and provide and regulate the following services, activities, programs, and facilities related thereto:
(1) Garbage and solid waste collection and disposal.
(2) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and control of dangerous animals and animal nuisances not related to agricultural activities, operations, or practices.
(3) Public street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic. Any construction and maintenance performed or authorized to be performed by county government shall be performed in accordance with engineering standards and shall be inspected to insure enforcement and compliance.
(4) Parks, recreational areas, programs, and facilities.
(5) Storm water management.
(6) Development, storage, treatment, purification, and distribution of water.
(7) Public housing, public buildings, and parking facilities.
(8) Public transportation.
(9) Libraries, archives, and arts and sciences programs and facilities.
(10) Economic development and tourism initiatives, developments, and projects.
(11) Adoption and enforcement of codes, including building, housing, plumbing, and electrical codes for the protection of the public.
(12) Litter, trash, and rubbish regulation and control on public roads, streets, or highways, or on or in public buildings, public parks, and public properties.
(b) Unless otherwise provided by an act of the Legislature in effect upon ratification of this amendment or unless otherwise provided by general law, Baldwin County may not exercise any of the supplementary powers listed in subsection (a) or provide any service listed therein inside the corporate limits of any municipality or within any other county, except by contract with the municipality, or county affected.
Section 3. Eminent domain.
The Baldwin County Commission may exercise the power of eminent domain as is authorized by general law and this constitution.
Section 4. Liability.
The Legislature may waive or limit the liability of Baldwin County by law.
Section 5. Debt limitation.
The debt incurred by Baldwin County, including debt incurred on behalf of any special district, may never exceed that authorized by general law or by the constitution.
Section 6. The Baldwin County Commission may provide for civil penalties for violations of its ordinances, rules, or regulations. Civil penalties set by the county commission may not exceed the average of those penalties set by the municipalities of Baldwin County which have adopted penalties for the same or similar offense. In case no municipality has set a penalty for an offense, the penalty shall be the same as provided for by general law.
Section 7. The powers granted to the Baldwin County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters:
(1) Action affecting any elective county office and the salaries thereof, except as provided by general law.
(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the Baldwin County Commission, except as provided by local or general law or by the constitution.
(3) Action defining any criminal offense or providing for criminal punishment beyond that authorized by local or general law or by the constitution.
(4) Action extending the power of regulation over any business activity subject to regulation by the Alabama Public Service Commission or any other state agency beyond that authorized by local or general law or by the constitution.
(5) Action affecting the exercise of the power of eminent domain beyond that authorized by local or general law or by the constitution.
(6) Action affecting any court or the personnel thereof.
(7) Action affecting any public school system unless requested by the board of education of the school system.
(8) Action enabling pari-mutuel betting or any pari-mutuel betting facility, gaming or gaming devices, or any gambling.
(9) Action affecting in any manner the boundaries, revenues, powers, obligations, indebtedness, or government of a municipality.
(10) Action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(11) Action affecting agricultural and silvicultural activities, operations, or practices.
(12) Action affecting sanitary sewage collection and treatment until further authorized by the general laws of this state, or by local law.
Section 8. Nothing in this amendment shall be construed to permit the Baldwin County Commission to redistrict itself, except as provided by general law, or establish the number of commissioners or number of commission districts.
Section 9. The Legislature, by local law, may provide for the further implementation and administration of the provisions of this amendment upon request of the county commission.