Title 28, Chapter 1, Section 15
( 28-1-15)
(a) This Code section is passed pursuant to the authority of Article
III, Section VI, Paragraph IV, subparagraph (b) of the Constitution,
and no population bill shall be passed and no bill using
classification by population as a means of determining the
applicability of any bill or law to any political subdivision or
group of political subdivisions may expressly or impliedly amend,
modify, supersede, or repeal this Code section. (b) As used in this Code section, "political subdivision" means any
county, municipality, county school district, independent school
district, judicial circuit, militia district, or any other
geographical area of the state which does not include the entire
area of the state. (c) Except as provided in this subsection, "population bill" means
any bill using classification by population as a means of
determining the applicability of any bill or law to any political
subdivision or group of political subdivisions of the state.
"Population bill" shall not include the following: (1) A bill applicable to one specified type of political
subdivision and containing a combination of population
classifications which includes the population of and affects all
political subdivisions of the type specified, including but not
limited to state-wide minimum salary bills for county officers; (2) A bill classifying political subdivisions having less than a
specified population and affecting three or more such political
subdivisions; provided, however, that this paragraph shall not
apply to or affect the legality of any bills classifying political
subdivisions having less than a specified population enacted prior
to July 1, 1988, or which become effective July 1, 1988; (3) A bill classifying political subdivisions having more than a
specified population and affecting three or more such political
subdivisions; provided, however, that this paragraph shall not
apply to or affect: (A) The legality of any bills classifying political subdivisions
having more than a specified population enacted prior to July 1,
1988, or which become effective July 1, 1988; or (B) The passage or legality of any bills amending bills referred
to in subparagraph (A) of this paragraph with respect to
specific subject matter contained in such bills on July 1, 1988; (4) A bill classifying political subdivisions on the basis of the
population of standard metropolitan statistical areas and
affecting three or more such political subdivisions; provided,
however, that this paragraph shall not apply to or affect the
legality of any bills classifying on the basis of the population
of standard metropolitan statistical areas enacted prior to July
1, 1988, or which become effective July 1, 1988; (5) A bill amending a law which classifies political subdivisions
on the basis of population if that amendment merely changes the
population classification of such law so as to permit that law to
remain applicable to those political subdivisions to which that
law was applicable immediately prior to the time the most recent
census figures became applicable to those political subdivisions;
or (6) A bill repealing a law which classifies on the basis of
population. In order to be permissible under the foregoing exceptions, a bill
must fit within only one of the foregoing exceptions; and any bill
which uses two or more of the foregoing classification devices shall
be a prohibited "population bill." (c.1)(1) A population bill shall also mean any bill using
classification by population as a means of determining the
applicability of any bill or law to any political subdivision or
group of political subdivisions of the state with respect to the
following: (A) The salary of any officer, official, or employee of a
county, municipality, or other political subdivision; provided,
however, that the limitation provided for in this subparagraph
shall not apply to state-wide minimum salary bills for county
officers which are authorized under paragraph (1) of subsection
(c) of this Code section; or (B) The property, affairs, or operation of the governing
authority of a county or municipality, including, but not
limited to, any matters pertaining to municipal annexation,
deannexation, incorporation, or dissolution. (2) Except as provided in subparagraph (A) of paragraph (1) of
this subsection, any population bill which meets any of the
classification criteria of this subsection shall be a prohibited
population bill even if such bill is described in paragraphs (1)
through (4) of subsection (c) of this Code section. Any such bill
enacted prior to July 1, 1997, or which became effective July 1,
1997, may thereafter be repealed as authorized under paragraph (6)
of subsection (c) of this Code section or may only be amended as
authorized under paragraph (5) of subsection (c) of this Code
section. (d) Nothing in this Code section shall be construed to invalidate
any judicially imposed requirements for Acts classifying on the
basis of population. |