Alabama 2022 Regular Session

Alabama House Bill HB77

Introduced
1/11/22  
Refer
1/11/22  
Engrossed
2/16/22  
Refer
2/17/22  
Enrolled
3/17/22  
Chaptered
3/17/22  

Caption

County tax assessing official, tax valuation disputes, authorized to defend state, Sec. 40-3-26 am'd.

Impact

The passage of HB77 is expected to modify existing legal practices surrounding property tax appeals. By allowing tax assessing officials to represent the state, the bill aims to reduce reliance on external legal counsel, potentially leading to decreased legal expenses for counties. It gives tax officials a more active role in resolving disputes, which may increase efficiency in handling property tax cases. However, it places greater responsibility on these officials, who must ensure they are adequately prepared to manage the complexities of legal representation.

Summary

House Bill 77 amends Section 40-3-26 of the Code of Alabama 1975 to authorize county tax assessing officials to represent the state in appeals concerning the taxable value of real or personal property. This provision allows the county tax assessing official to act in an official capacity during tax valuation disputes, effectively defending the interests of the state without requiring external legal counsel to represent these cases. By doing so, the bill seeks to streamline the process of tax appeals by allowing local officials to contribute directly to these legal challenges.

Sentiment

The sentiment surrounding HB77 appeared to be neutral to positive among legislative members, with minimal opposition noted during discussions. Supporters likely see this change as a practical adjustment to improve local management of property tax issues, while concerns could arise over the qualifications of tax officials to handle legal disputes effectively. The lack of significant contention suggests a general acceptance of the rationale behind empowering local officials in these cases.

Contention

While the bill primarily received support, there may be concerns regarding the implications of putting tax assessing officials in a legal advocacy role. Critics might argue that this could lead to conflicts of interest, especially if officials are untrained in legal matters, which could affect the outcomes of tax appeals. This shift in responsibility emphasizes the need for appropriate oversight and training to ensure that officials can accurately represent the state's interests during property tax disputes.

Companion Bills

AL SB58

Same As County tax assessing official, tax valuation disputes, authorized to defend state, Sec. 40-3-26 am'd.

Previously Filed As

AL SB174

Business taxes, requires annual reports from counties and municipalities, provides for causes of action, and revises the jurisdiction of the Alabama Tax Tribunal

AL HB227

Ethics; laws pertaining to public officials and public employees revised

AL SB256

Mobile County; amend definition of municipal tax lien to authorize the inclusion of certain weed liens on a tax bill under certain circumstances; deem municipality as prevailing party in certain bid auctions resulting in a tie; authorize municipality to enter property to make repairs under certain circumstances; and authorize tax collecting official to sell a tax lien under certain circumstances.

AL SB3

Local land bank authorities, tax sale property acquisitions, tax exemption for acquired properties, tax revenue allocation, conveyance to state and local governments, multijurisdictional land bank authorities, Governor authorized to create upon state of emergency.

AL HB489

Wilcox County, authorizes county commission to increase ad valorem tax

AL HB386

Sales and use tax on food, state rate reduced, counties and municipalities authorized to reduce

AL SB342

Local land bank authorities; tax sale properties acquisitions; tax exemption for acquired properties; tax revenue allocation; conveyance to state and local governments under certain circumstances; creation of local land bank authorities authorized under certain conditions

AL HB505

Alabama Tax Tribunal, judge compensation revised, period of time to file an appeal to tribunal increased

AL HB203

Elections, election officials, high school students authorized to work as precinct election officials

AL HB350

Alabama Uniform Commercial Real Estate Receivership Act, created, process for appointment of receiver for disputes relating to commercial real estate provided

Similar Bills

No similar bills found.