AL
Alabama Senate Bill SB242

Alabama 2022 Regular Session

Alabama Senate Bill SB242 Compare Versions

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11 1 SB242
2-2 214948-2
2+2 214948-1
33 3 By Senator Orr (Constitutional Amendment)
44 4 RFD: Local Legislation
55 5 First Read: 22-FEB-22
66
7-Page 0 SB242
8-1 SB242
9-2
10-3
11-4 ENROLLED, An Act,
12-5 To propose an amendment to the Constitution of
13-6 Alabama of 1901, relating to Morgan County, to provide for the
14-7 distribution of the county's share of the proceeds of the
15-8 simplified sellers use tax; and to provide for retroactive
16-9 application.
17-10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
18-11 Section 1. The following amendment to the
19-12 Constitution of Alabama of 1901, is proposed and shall become
20-13 valid as a part of the Constitution when all requirements of
21-14 this act are fulfilled:
22-15 PROPOSED AMENDMENT
23-16 (a) After Morgan County retains five percent of the
24-17 gross proceeds for administrative purposes, the remaining
25-18 proceeds of the simplified seller use tax distributed to
26-19 Morgan County pursuant to Section 40-23-197 of the Code of
27-20 Alabama 1975, shall be allocated by the county commission each
28-21 fiscal year and distributed on a monthly basis, as follows:
29-22 (1) Eighty-five percent of the remaining proceeds
30-23 shall be allocated to the county and city boards of education
31-24 in the county for public school purposes based on the
32-25 proportion that the average daily membership of each school
33-Page 1 SB242
34-1 system in the county during the first 20 scholastic days after
35-2 Labor Day of the preceding school year bears to the total
36-3 average daily membership of all school systems in Morgan
37-4 County for the preceding school year.
38-5 (2) Thirteen and one-half percent of the remaining
39-6 proceeds shall be allocated to the Morgan County Board of
40-7 Education for public school purposes.
41-8 (3) One and one-half percent of the remaining
42-9 proceeds shall be distributed to the certified volunteer fire
43-10 departments in the county for fire protection purposes with
44-11 each volunteer fire department receiving an equal share.
45-12 (b) This amendment shall apply retroactively to
46-13 October 1, 2019.
47-14 Section 2. An election upon the proposed amendment
48-15 shall be held in accordance with Section 284.01 of the
49-16 Constitution of Alabama of 1901, now appearing as Section
50-17 284.01 of the Official Recompilation of the Constitution of
51-18 Alabama of 1901, as amended, and the election laws of this
52-19 state.
53-20 Section 3. The appropriate election official shall
54-21 assign a ballot number for the proposed constitutional
55-22 amendment on the election ballot and shall set forth the
56-23 following description of the substance or subject matter of
57-24 the proposed constitutional amendment:
58-Page 2 SB242
59-1 "Relating to Morgan County, proposing an amendment
60-2 to the Constitution of Alabama of 1901, to provide for the
61-3 distribution of the county's share of the proceeds of the
62-4 simplified sellers use tax; and to provide for retroactive
63-5 application.
64-6 "Proposed by Act _________"
65-7 This description shall be followed by the following
66-8 language:
67-9 "Yes ( ) No ( )."
68-Page 3 SB242
69-1
7+Page 0 1 214948-1:n:08/30/2021:JET/tgw LSA2021-1543
708 2
719 3
7210 4
73-President and Presiding Officer of the Senate
74-
7511 5
76-6 Speaker of the House of Representatives
77-SB2427
78-8 Senate 01-MAR-22
79-9 I hereby certify that the within Act originated in and passed
80-10 the Senate.
81-11
82-12 Patrick Harris,
83-13 Secretary.
84-14
85-15
12+6
13+7
14+8 SYNOPSIS: This bill would propose an amendment to the
15+9 Constitution of Alabama of 1901, relating to Morgan
16+10 County, to provide for the distribution of the
17+11 county's share of the proceeds of the simplified
18+12 seller use tax to the local boards of education in
19+13 the county and to volunteer fire departments in the
20+14 county and would provide for retroactive
21+15 application of the amendment.
8622 16
87-17 House of Representatives
88-18 Passed: 03-MAR-22
89-19
23+17 A BILL
24+18 TO BE ENTITLED
25+19 AN ACT
9026 20
91-21 By: Senator Orr
92-Page 4
27+21 To propose an amendment to the Constitution of
28+22 Alabama of 1901, relating to Morgan County, to provide for the
29+23 distribution of the county's share of the proceeds of the
30+24 simplified sellers use tax; and to provide for retroactive
31+25 application.
32+26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33+Page 1 1 Section 1. The following amendment to the
34+2 Constitution of Alabama of 1901, is proposed and shall become
35+3 valid as a part of the Constitution when all requirements of
36+4 this act are fulfilled:
37+5 PROPOSED AMENDMENT
38+6 (a) After Morgan County retains five percent of the
39+7 gross proceeds for administrative purposes, the remaining
40+8 proceeds of the simplified seller use tax distributed to
41+9 Morgan County pursuant to Section 40-23-197 of the Code of
42+10 Alabama 1975, shall be allocated by the county commission each
43+11 fiscal year and distributed on a monthly basis, as follows:
44+12 (1) Eighty-five percent of the remaining proceeds
45+13 shall be allocated to the county and city boards of education
46+14 in the county for public school purposes based on the
47+15 proportion that the average daily membership of each school
48+16 system in the county during the first 20 scholastic days after
49+17 Labor Day of the preceding school year bears to the total
50+18 average daily membership of all school systems in Morgan
51+19 County for the preceding school year.
52+20 (2) Thirteen and one-half percent of the remaining
53+21 proceeds shall be allocated to the Morgan County Board of
54+22 Education for public school purposes.
55+23 (3) One and one-half percent of the remaining
56+24 proceeds shall be distributed to the certified volunteer fire
57+25 departments in the county for fire protection purposes with
58+26 each volunteer fire department receiving an equal share.
59+Page 2 1 (b) This amendment shall apply retroactively to
60+2 October 1, 2019.
61+3 Section 2. An election upon the proposed amendment
62+4 shall be held in accordance with Section 284.01 of the
63+5 Constitution of Alabama of 1901, now appearing as Section
64+6 284.01 of the Official Recompilation of the Constitution of
65+7 Alabama of 1901, as amended, and the election laws of this
66+8 state.
67+9 Section 3. The appropriate election official shall
68+10 assign a ballot number for the proposed constitutional
69+11 amendment on the election ballot and shall set forth the
70+12 following description of the substance or subject matter of
71+13 the proposed constitutional amendment:
72+14 "Relating to Morgan County, proposing an amendment
73+15 to the Constitution of Alabama of 1901, to provide for the
74+16 distribution of the county's share of the proceeds of the
75+17 simplified sellers use tax; and to provide for retroactive
76+18 application.
77+19 "Proposed by Act _________"
78+20 This description shall be followed by the following
79+21 language:
80+22 "Yes ( ) No ( )."
81+Page 3