AL
Alabama House Bill HB192

Alabama 2022 Regular Session

Alabama House Bill HB192 Compare Versions

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11 1 HB192
2-2 215311-4
2+2 215311-3
33 3 By Representative Allen (N & P)
44 4 RFD: Local Legislation
55 5 First Read: 01-FEB-22
66
7-Page 0 HB192
8-1
9-2 ENROLLED, An Act,
10-3 Relating to Pike County; to amend Sections 2, 8, and
11-4 9 of Act 2017-332 of the 2017 Regular Session (Acts 2017, p.
12-5 586), authorizing the county commission to levy an additional
13-6 sales and use tax; to further provide for the collection,
14-7 distribution, and use of the proceeds of the tax.
15-8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
16-9 Section 1. Sections 2, 8, and 9 of Act 2017-332 of
17-10 the 2017 Regular Session (Acts 2017, p. 586), are amended to
18-11 read as follows:
19-12 "Section 2. As used in this act, "sales and use tax"
20-13 means a the following terms shall have the following meanings,
21-14 except where context clearly indicates a different meaning:
22-15 "(1) COSTS. When used with reference to the county
23-16 jail and judicial complex, the term means all costs of
24-17 acquiring, constructing, equipping, and financing the county
25-18 jail and judicial complex, including all of the following:
26-19 "a. The costs of all lands, structures, real and
27-20 personal property, rights-of-way, easements, permits,
28-21 licenses, and other interests acquired or used for the county
29-22 jail and judicial complex, and the costs of demolishing or
30-23 removing any buildings or structures on land acquired or used.
31-Page 1 HB192
32-1 "b. The costs of all machinery, equipment,
33-2 furniture, furnishings, and fixtures acquired or used for the
34-3 county jail and judicial complex.
35-4 "c. The costs of architectural, engineering,
36-5 financial, construction consulting, and legal services
37-6 performed in connection with the acquisition, construction,
38-7 equipping, and financing of the county jail and judicial
39-8 complex.
40-9 "d. The costs of issuing and selling indebtedness.
41-10 "e. The costs of bond insurance, letters of credit,
42-11 or other third-party credit facilities with respect to
43-12 indebtedness.
44-13 "f. Amounts used to fund reserves for the payment of
45-14 principal of and interest on indebtedness.
46-15 "g. The payment of principal of and interest on
47-16 indebtedness.
48-17 "h. Other expenses necessary for or incidental to
49-18 the acquisition, construction, equipping, and financing of the
50-19 jail and judicial complex and the commencement of operation of
51-20 the complex.
52-21 "(2) COUNTY JAIL AND JUDICIAL COMPLEX. A new
53-22 building, structure, or group of buildings or structures
54-23 designed for use by the county and its agencies as a jail, a
55-24 facility for E-911 dispatch and Emergency Management
56-25 operations and related services, a criminal justice and public
57-Page 2 HB192
58-1 safety center, and a place for holding court, with appurtenant
59-2 offices and other ancillary facilities.
60-3 "(3) INDEBTEDNESS. Warrants, bonds, notes, or other
61-4 instruments of indebtedness issued to finance or refinance
62-5 costs of the county jail and judicial complex.
63-6 "(4) SALES AND USE TAX. A tax imposed by the state
64-7 sales and use tax statutes and such other acts applicable to
65-8 Pike County, but not limited to, Sections 40-23.1, 40-23-2,
66-9 40-23-3, 40-23-4, 40-23-37, 40-23-60, 40-23-61, 40-23-62, and
67-10 Section 40-23-63, Code of Alabama 1975.
68-11 "Section 8. All taxes collected under this act shall
69-12 be remitted to Pike County and deposited in a segregated
70-13 account within the Pike County General Fund to be used for
71-14 construction, financing, and equipping a new county jail or
72-15 jail complex the costs of the county jail and judicial
73-16 complex. The County Commission of Pike County may thereafter
74-17 transfer the proceeds into one or more special funds or
75-18 accounts designated by resolution of the commission, provided
76-19 that the proceeds are used for the costs of the county jail
77-20 and judicial complex. The County Commission of Pike County may
78-21 assign and pledge the proceeds of the tax authorized by this
79-22 act for the payment of principal of and interest on
80-23 indebtedness. Any such pledge shall be irrevocable so long as
81-24 the indebtedness for which the pledge is made remains
82-25 outstanding.
83-Page 3 HB192
84-1 "Section 9. The tax authorized by this act shall
85-2 expire on the first day of the next month following the
86-3 payment in full of the costs relating to the construction and
87-4 equipping of the new of the county jail or jail and judicial
88-5 complex, including the retirement of any financing and
89-6 indebtedness."
90-7 Section 2. This act shall become effective
91-8 immediately following its passage and approval by the
92-9 Governor, or its otherwise becoming law.
93-Page 4 HB192
94-1
7+Page 0 1 215311-3:n:11/12/2021:LK/tgw LSA2021-2138R1
958 2
969 3
9710 4
98-Speaker of the House of Representatives
99-
10011 5
101-6 President and Presiding Officer of the Senate
102-House of Representatives7
103-I hereby certify that the within Act originated in8
104-9 and was passed by the House 03-FEB-22.
105-10
106-11 Jeff Woodard
107-12 Clerk
108-13
109- 14
110- 15
111-Senate16 16-FEB-22 Passed
112- 17
113-Page 5
12+6
13+7
14+8
15+9 A BILL
16+10 TO BE ENTITLED
17+11 AN ACT
18+12
19+13 Relating to Pike County; to amend Sections 2, 8, and
20+14 9 of Act 2017-332 of the 2017 Regular Session (Acts 2017, p.
21+15 586), authorizing the county commission to levy an additional
22+16 sales and use tax; to further provide for the collection,
23+17 distribution, and use of the proceeds of the tax.
24+18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25+19 Section 1. Sections 2, 8, and 9 of Act 2017-332 of
26+20 the 2017 Regular Session (Acts 2017, p. 586), are amended to
27+21 read as follows:
28+22 "Section 2. As used in this act, "sales and use tax"
29+23 means a the following terms shall have the following meanings,
30+24 except where context clearly indicates a different meaning:
31+25 "(1) COSTS. When used with reference to the county
32+26 jail and judicial complex, the term means all costs of
33+Page 1 1 acquiring, constructing, equipping, and financing the county
34+2 jail and judicial complex, including all of the following:
35+3 "a. The costs of all lands, structures, real and
36+4 personal property, rights-of-way, easements, permits,
37+5 licenses, and other interests acquired or used for the county
38+6 jail and judicial complex, and the costs of demolishing or
39+7 removing any buildings or structures on land acquired or used.
40+8 "b. The costs of all machinery, equipment,
41+9 furniture, furnishings, and fixtures acquired or used for the
42+10 county jail and judicial complex.
43+11 "c. The costs of architectural, engineering,
44+12 financial, construction consulting, and legal services
45+13 performed in connection with the acquisition, construction,
46+14 equipping, and financing of the county jail and judicial
47+15 complex.
48+16 "d. The costs of issuing and selling indebtedness.
49+17 "e. The costs of bond insurance, letters of credit,
50+18 or other third-party credit facilities with respect to
51+19 indebtedness.
52+20 "f. Amounts used to fund reserves for the payment of
53+21 principal of and interest on indebtedness.
54+22 "g. The payment of principal of and interest on
55+23 indebtedness.
56+24 "h. Other expenses necessary for or incidental to
57+25 the acquisition, construction, equipping, and financing of the
58+26 jail and judicial complex and the commencement of operation of
59+27 the complex.
60+Page 2 1 "(2) COUNTY JAIL AND JUDICIAL COMPLEX. A new
61+2 building, structure, or group of buildings or structures
62+3 designed for use by the county and its agencies as a jail, a
63+4 facility for E-911 dispatch and Emergency Management
64+5 operations and related services, a criminal justice and public
65+6 safety center, and a place for holding court, with appurtenant
66+7 offices and other ancillary facilities.
67+8 "(3) INDEBTEDNESS. Warrants, bonds, notes, or other
68+9 instruments of indebtedness issued to finance or refinance
69+10 costs of the county jail and judicial complex.
70+11 "(4) SALES AND USE TAX. A tax imposed by the state
71+12 sales and use tax statutes and such other acts applicable to
72+13 Pike County, but not limited to, Sections 40-23.1, 40-23-2,
73+14 40-23-3, 40-23-4, 40-23-37, 40-23-60, 40-23-61, 40-23-62, and
74+15 Section 40-23-63, Code of Alabama 1975.
75+16 "Section 8. All taxes collected under this act shall
76+17 be remitted to Pike County and deposited in a segregated
77+18 account within the Pike County General Fund to be used for
78+19 construction, financing, and equipping a new county jail or
79+20 jail complex the costs of the county jail and judicial
80+21 complex. The County Commission of Pike County may thereafter
81+22 transfer the proceeds into one or more special funds or
82+23 accounts designated by resolution of the commission, provided
83+24 that the proceeds are used for the costs of the county jail
84+25 and judicial complex. The County Commission of Pike County may
85+26 assign and pledge the proceeds of the tax authorized by this
86+27 act for the payment of principal of and interest on
87+Page 3 1 indebtedness. Any such pledge shall be irrevocable so long as
88+2 the indebtedness for which the pledge is made remains
89+3 outstanding.
90+4 "Section 9. The tax authorized by this act shall
91+5 expire on the first day of the next month following the
92+6 payment in full of the costs relating to the construction and
93+7 equipping of the new of the county jail or jail and judicial
94+8 complex, including the retirement of any financing and
95+9 indebtedness."
96+10 Section 2. This act shall become effective
97+11 immediately following its passage and approval by the
98+12 Governor, or its otherwise becoming law.
99+Page 4