1 | 1 | | 1 HB38 |
---|
2 | 2 | | 2 213294-1 |
---|
3 | 3 | | 3 By Representative Easterbrook (Constitutional Amendment) |
---|
4 | 4 | | 4 RFD: Local Legislation |
---|
5 | 5 | | 5 First Read: 11-JAN-22 |
---|
6 | 6 | | |
---|
7 | 7 | | Page 0 1 213294-1:n:04/19/2021:FC/ma LSA2021-1106 |
---|
8 | 8 | | 2 |
---|
9 | 9 | | 3 |
---|
10 | 10 | | 4 |
---|
11 | 11 | | 5 |
---|
12 | 12 | | 6 |
---|
13 | 13 | | 7 |
---|
14 | 14 | | 8 SYNOPSIS: Under current law, for the purposes of the |
---|
15 | 15 | | 9 laws of this state relating to alcoholic beverages, |
---|
16 | 16 | | 10 Washington County is a dry county. |
---|
17 | 17 | | 11 This bill would propose a local amendment to |
---|
18 | 18 | | 12 the Constitution of Alabama of 1901, relating to |
---|
19 | 19 | | 13 Washington County, that would change the |
---|
20 | 20 | | 14 classification of Washington County from dry to |
---|
21 | 21 | | 15 wet. The sale and possession of alcoholic beverages |
---|
22 | 22 | | 16 would be legal pursuant to state law. |
---|
23 | 23 | | 17 The amendment would allow for subsequent |
---|
24 | 24 | | 18 elections to change the classification of the |
---|
25 | 25 | | 19 county from wet to dry or from dry to wet as |
---|
26 | 26 | | 20 provided by general law. |
---|
27 | 27 | | 21 The amendment would also authorize the |
---|
28 | 28 | | 22 county to levy additional taxes on the sale of |
---|
29 | 29 | | 23 alcoholic beverages with the proceeds to be |
---|
30 | 30 | | 24 deposited in the county general fund. |
---|
31 | 31 | | 25 |
---|
32 | 32 | | 26 A BILL |
---|
33 | 33 | | 27 TO BE ENTITLED |
---|
34 | 34 | | Page 1 1 AN ACT |
---|
35 | 35 | | 2 |
---|
36 | 36 | | 3 To propose an amendment to the Constitution of |
---|
37 | 37 | | 4 Alabama of 1901, relating to Washington County, to provide |
---|
38 | 38 | | 5 that Washington County would be a wet county for the purposes |
---|
39 | 39 | | 6 of the laws of this state relating to alcoholic beverages |
---|
40 | 40 | | 7 subject to subsequent elections to change the classification; |
---|
41 | 41 | | 8 and to authorize the county commission to levy additional |
---|
42 | 42 | | 9 taxes on alcoholic beverages to be deposited in the county |
---|
43 | 43 | | 10 general fund. |
---|
44 | 44 | | 11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
---|
45 | 45 | | 12 Section 1. The following amendment to the |
---|
46 | 46 | | 13 Constitution of Alabama of 1901, is proposed and shall become |
---|
47 | 47 | | 14 valid as a part of the Constitution when all requirements of |
---|
48 | 48 | | 15 this act are fulfilled: |
---|
49 | 49 | | 16 PROPOSED AMENDMENT |
---|
50 | 50 | | 17 (a) Effective on the first day of the month after |
---|
51 | 51 | | 18 the ratification of this amendment, based on the favorable |
---|
52 | 52 | | 19 vote to ratify this amendment, Washington County shall be a |
---|
53 | 53 | | 20 wet county as otherwise provided by the laws of this state in |
---|
54 | 54 | | 21 Title 28, Code of Alabama 1975, relating to alcoholic |
---|
55 | 55 | | 22 beverages. Thereafter, Washington County may change its |
---|
56 | 56 | | 23 classification from wet to dry or from dry to wet as provided |
---|
57 | 57 | | 24 in Section 28-2-1, Code of Alabama 1975, provided that any |
---|
58 | 58 | | 25 first election would be required to be not less than two years |
---|
59 | 59 | | 26 after the date Washington County becomes wet as provided by |
---|
60 | 60 | | 27 this amendment. |
---|
61 | 61 | | Page 2 1 (b) In addition to any taxes authorized by law, the |
---|
62 | 62 | | 2 Washington County Commission may levy additional taxes, |
---|
63 | 63 | | 3 including license taxes, on the sale of alcoholic beverages in |
---|
64 | 64 | | 4 the county. Any proceeds from the taxes shall be deposited in |
---|
65 | 65 | | 5 the county general fund. |
---|
66 | 66 | | 6 Section 2. An election upon the proposed amendment |
---|
67 | 67 | | 7 shall be held on the date of the general election in 2022 in |
---|
68 | 68 | | 8 accordance with Section 284.01 of the Constitution of Alabama |
---|
69 | 69 | | 9 of 1901, now appearing as Section 284.01 of the Official |
---|
70 | 70 | | 10 Recompilation of the Constitution of Alabama of 1901, as |
---|
71 | 71 | | 11 amended, and the election laws of this state. |
---|
72 | 72 | | 12 Section 3. The appropriate election official shall |
---|
73 | 73 | | 13 assign a ballot number for the proposed constitutional |
---|
74 | 74 | | 14 amendment on the election ballot and shall set forth the |
---|
75 | 75 | | 15 following description of the substance or subject matter of |
---|
76 | 76 | | 16 the proposed constitutional amendment: |
---|
77 | 77 | | 17 "Relating to Washington County, proposing an |
---|
78 | 78 | | 18 amendment to the Constitution of Alabama of 1901, to provide |
---|
79 | 79 | | 19 that Washington County would be a wet county for the purposes |
---|
80 | 80 | | 20 of the laws of this state relating to alcoholic beverages |
---|
81 | 81 | | 21 subject to subsequent elections to change the classification; |
---|
82 | 82 | | 22 and to authorize the county commission to levy additional |
---|
83 | 83 | | 23 taxes on alcoholic beverages to be deposited in the county |
---|
84 | 84 | | 24 general fund. |
---|
85 | 85 | | 25 "Proposed by Act _________" |
---|
86 | 86 | | 26 This description shall be followed by the following |
---|
87 | 87 | | 27 language: |
---|
88 | 88 | | Page 3 1 "Yes ( ) No ( )." |
---|
89 | 89 | | Page 4 |
---|