1 HB38
2 213294-1
3 By Representative Easterbrook (Constitutional Amendment)
4 RFD: Local Legislation
5 First Read: 11-JAN-22
Page 0 1 213294-1:n:04/19/2021:FC/ma LSA2021-1106
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8 SYNOPSIS: Under current law, for the purposes of the
9 laws of this state relating to alcoholic beverages,
10 Washington County is a dry county.
11 This bill would propose a local amendment to
12 the Constitution of Alabama of 1901, relating to
13 Washington County, that would change the
14 classification of Washington County from dry to
15 wet. The sale and possession of alcoholic beverages
16 would be legal pursuant to state law.
17 The amendment would allow for subsequent
18 elections to change the classification of the
19 county from wet to dry or from dry to wet as
20 provided by general law.
21 The amendment would also authorize the
22 county to levy additional taxes on the sale of
23 alcoholic beverages with the proceeds to be
24 deposited in the county general fund.
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26 A BILL
27 TO BE ENTITLED
Page 1 1 AN ACT
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3 To propose an amendment to the Constitution of
4 Alabama of 1901, relating to Washington County, to provide
5 that Washington County would be a wet county for the purposes
6 of the laws of this state relating to alcoholic beverages
7 subject to subsequent elections to change the classification;
8 and to authorize the county commission to levy additional
9 taxes on alcoholic beverages to be deposited in the county
10 general fund.
11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
12 Section 1. The following amendment to the
13 Constitution of Alabama of 1901, is proposed and shall become
14 valid as a part of the Constitution when all requirements of
15 this act are fulfilled:
16 PROPOSED AMENDMENT
17 (a) Effective on the first day of the month after
18 the ratification of this amendment, based on the favorable
19 vote to ratify this amendment, Washington County shall be a
20 wet county as otherwise provided by the laws of this state in
21 Title 28, Code of Alabama 1975, relating to alcoholic
22 beverages. Thereafter, Washington County may change its
23 classification from wet to dry or from dry to wet as provided
24 in Section 28-2-1, Code of Alabama 1975, provided that any
25 first election would be required to be not less than two years
26 after the date Washington County becomes wet as provided by
27 this amendment.
Page 2 1 (b) In addition to any taxes authorized by law, the
2 Washington County Commission may levy additional taxes,
3 including license taxes, on the sale of alcoholic beverages in
4 the county. Any proceeds from the taxes shall be deposited in
5 the county general fund.
6 Section 2. An election upon the proposed amendment
7 shall be held on the date of the general election in 2022 in
8 accordance with Section 284.01 of the Constitution of Alabama
9 of 1901, now appearing as Section 284.01 of the Official
10 Recompilation of the Constitution of Alabama of 1901, as
11 amended, and the election laws of this state.
12 Section 3. The appropriate election official shall
13 assign a ballot number for the proposed constitutional
14 amendment on the election ballot and shall set forth the
15 following description of the substance or subject matter of
16 the proposed constitutional amendment:
17 "Relating to Washington County, proposing an
18 amendment to the Constitution of Alabama of 1901, to provide
19 that Washington County would be a wet county for the purposes
20 of the laws of this state relating to alcoholic beverages
21 subject to subsequent elections to change the classification;
22 and to authorize the county commission to levy additional
23 taxes on alcoholic beverages to be deposited in the county
24 general fund.
25 "Proposed by Act _________"
26 This description shall be followed by the following
27 language:
Page 3 1 "Yes ( ) No ( )."
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