Alabama Constitution Section 104 - Special, private or local laws — Prohibited in certain cases.
Alabama Constitution – Section 104: Special, Private or Local Laws — Prohibited in Certain Cases
Full Text of Section 104:
“The legislature shall not pass a special, private, or local law in any of the following cases:
Granting a divorce;
Changing the name of any person;
Legitimating illegitimate children or adopting any person;
Providing for the sale of the property of minors or others under disability;
Changing the law of descent or distribution;
Exempting any person from jury duty or from road or other civil duties;
Changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators, or other tribunals;
Granting a fee, commission, or allowance to any public officer, servant, or employee;
Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed;
Declaring any named person of age;
Remitting fines, penalties, or forfeitures;
Granting to any individual, association, or corporation any special or exclusive privilege, immunity, or franchise;
Authorizing the adoption or legitimation of children;
Providing for the management of public schools of any city, town, or school district;
Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators, or other tribunals;
Incorporating cities, towns, or villages; or changing or amending the charter of any town, city, or village;
Providing for the opening and conducting of elections, or fixing or changing the place of voting;
Granting pensions;
Creating offices, or prescribing the powers and duties of officers in counties, cities, towns, election districts, or school districts;
Changing the boundaries of any county, city, town, or school district;
Authorizing the laying out, opening, altering, or maintaining roads, highways, streets, or alleys;
Relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other state;
Vacating any road, town plat, street, alley, or public grounds;
Relating to cemeteries, graveyards, or public grounds not owned by the state;
Authorizing the adoption of children;
Relating to any matter which has been or may be provided for by a general law.”
Explanation:
Section 104 prohibits the Alabama Legislature from passing special, private, or local laws in areas where general laws should apply. This includes:
Personal matters (like divorce, name changes, adoption),
Judicial procedures,
Public office and employee compensation,
Elections,
Infrastructure (roads, bridges),
Municipal matters (charters, boundaries, schools),
Privileges or franchises to specific individuals or groups.
Purpose:
To:
Ensure uniformity of laws throughout the state,
Prevent favoritism or political manipulation through special laws,
Encourage fairness and equality in governance.
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