HB423ENROLLED
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OZHCMM-2
By Representatives Hurst, Boyd, Robbins, Wood (R) (N & P)
RFD: Local Legislation
First Read: 02-May-23
2023 Regular Session
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Enrolled, An Act,
Relating to Talladega County; to amend Section 11 of
Act 91-533 of the 1991 Regular Session (Acts 1991, p. 948), as
last amended by Act 2019-156 of the 2019 Regular Session, to
further provide for the distribution of a special county sales
and use tax; and to repeal Act 2015-515 of the 2015 Regular
Session, relating to the distribution of a portion of the
special sales and use tax.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11 of Act 91-533 of the 1991 Regular
Session (Acts 1991, p. 948), as amended by Act 2019-156 of the
2019 Regular Session, is amended to read as follows:
"Section 11. All revenues arising from the taxes herein
levied shall be deposited in a special fund, designated as the
Talladega County Special Tax Fund. An amount up to fifty
thousand dollars ( $50,000) annually, plus any existing funds
on deposit in the fund for professional services on the
effective date of the act adding this amendatory language,
shall, upon approval of the Talladega County legislative
delegation, shall be used for personnel and/or professional
servicesas deemed necessary by the delegation to assist in
the administration and coordination of the projects designated
in this act Talladega County Commission . The term "approval of
the Talladega County legislative delegation" as used in this
paragraph and throughout this act, shall constitute the
approval of the Senate member and any two (2) House
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representatives from said county. The remaining amounts shall
be distributed by the county commission in the following
manner:
(1) Twelve percent to the Talladega County Association
of Volunteer Fire Departments be further distributed equally
among the certified volunteer fire departments whose principal
fire station is located in the county.
(2) Twelve percent , plus any existing funds in the
bridge fund on the effective date of the act adding this
language, to the bridge fund to be used towards the
construction and/or financing of a bridge across Coosa River
connecting Talladega and Shelby Counties at the site
previously served by a ferry. The Talladega Economic
Development Authority shall make recommendations to the
Talladega County Commission as to the expenditure of these
funds. Approval by the Talladega County legislative
delegation, as defined above, is required prior to the
expenditure of any funds. If the Talladega Economic
Development Authority fails to make a recommendation
acceptable to the Talladega County legislative delegation,
then final disposition of said funds shall be at the sole
discretion of the Talladega County legislative delegation.
Distribution of these discretionary funds shall be approved by
the Talladega County legislative delegation, as defined above
at the discretion of the county commission for costs related
to rural county roads and bridges, to include Cheaha Road .
(3) Ten percent to fund the commitment made by the
Talladega County Commission to the Honda project.
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(4) Ten Four percent to the Talladega County Health
Department for construction and/or financing of new facility
to serve North Talladega County, and to fund maintenance and
operation expenses for Talladega County health programs
located in Sylacauga and Talladega. The Talladega Economic
Development Authority shall make recommendations to the
Talladega County Commission as to the expenditure of these
funds. Approval by the Talladega County legislative
delegation, as defined above, is required prior to the
expenditure of any funds. If the Talladega Economic
Development Authority fails to make a recommendation
acceptable to the Talladega County legislative delegation,
then final disposition of said funds shall be at the sole
discretion of the Talladega County legislative delegation.
Distribution of these discretionary funds shall be approved by
the Talladega County legislative delegation, as defined above
for maintenance and repairs of the health department building .
Notwithstanding the distribution in this subdivision, the
amount of one million five hundred thousand dollars
($1,500,000) from the existing funds on deposit in the Health
Department Fund on the effective date of the act adding this
language shall be allocated to the East Alabama Rural
Innovation and Training Hub.
(5) Ten percent to the Talladega County Economic
Development Authority.
(6) Ten percent for development of water lines to serve
Talladega County residents and industry for improved fire
protection and rural development. The Talladega Economic
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Development Authority shall make recommendations to the
Talladega County Commission as to the expenditure of these
funds. Approval by the Talladega County legislative
delegation, as defined above, is required prior to the
expenditure of any funds. If the Talladega Economic
Development Authority fails to make a recommendation
acceptable to the Talladega County legislative delegation,
then final disposition of said the funds shall be at the sole
discretion of the Talladega County legislative delegation. The
term "approval by the Talladega County legislative delegation"
as used in this subdivision and for purposes of this act,
shall mean the approval of the members of the House of
Representatives who reside within Talladega County.
Distribution of these discretionary funds shall be approved by
the Talladega County legislative delegation, as defined above.
(7) Five percent to the public libraries in Talladega
County located in Childersburg, Lincoln, Munford, Sylacauga,
and Talladega to be distributed on a pro rata basis by
population of each municipality.
(8) Five percent to the Talladega County Commission
fund that is used to match federal and state funds for roads
and bridges in Talladega County.
(9) Five percent for the maintenance and renovation of
county-owned buildings as needed and as determined by the
county commission , including as first priority the courthouse
annex located in Sylacauga .
(10) Four percent to be used to improve the supply and
quality of the water in North Talladega County, particularly
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to enhance water supplies and capacities for communities
within North Talladega County in and around the Talladega
Municipal Airport, including, but not limited to, the addition
and maintenance of water towers. The Talladega Economic
Development Authority shall make recommendations to the
Talladega County Commission as to the expenditure of these
funds. Approval by the Talladega County legislative
delegation, as defined above, is required prior to the
expenditure of any funds. If the Talladega Economic
Development Authority fails to make a recommendation
acceptable to the Talladega County legislative delegation,
then final disposition of said the funds shall be at the sole
discretion approval of the Talladega County legislative
delegation. Distribution of these discretionary funds shall be
approved by the Talladega County legislative delegation, as
defined above.
(11) Four Ten percent to be used to hire additional law
enforcement officers in the Talladega County Sheriff's
Department to better serve the rural residents of Talladega
personnel for the public safety radio system or for other law
enforcement purposes, at the determination needed by the
county commission .
(12) Two percent divided equally and distributed to the
ARC programs of North and South Talladega County located in
Sylacauga and Talladega.
(13) Two percent to the Talladega Childrens
Rehabilitation Office for rehabilitation services in Talladega
County.
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(14) a. Any remaining revenue proceeds shall be
deposited into a trust fund called the Talladega County
Special Tax Trust Fund. As the need for the funds in items (1)
to (13), inclusive, becomes obsolete as determined by the
Talladega County Economic Development Authority, and as agreed
to by the Talladega County legislative delegation, or in the
alternative as determined by the Talladega County legislative
delegation, the percentage allotted to any particular item
also shall be deposited in the Special Tax Trust Fund to be
invested in the same manner as other funds in the County
Treasury are invested. The legislative delegation of Talladega
County may determine which future projects are appropriate for
the expenditure of interest earned on funds held in the trust
account. No expenditures shall be made from the Special Tax
Trust Fund until after the expiration of five years from the
establishment of the trust account. After such time only the
interest on the Special Tax Trust Fund may be expended on
projects and/or the financing of projects, including bonded
indebtedness, submitted to the Talladega County legislative
delegation for approval .
b. Revenues currently in the Debt Retirement Fund
provided for in Act 91-533 which are not needed to retire
current indebtedness shall be distributed as follows: 1. The
first one hundred thousand dollars ($100,000) to purchase
vehicles for the Talladega County Sheriff's Department.
2. The balance remaining shall be divided and equally
distributed in a lump sum for the purposes addressed above in
subdivisions (2) and (4).
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c. The Talladega County Economic Development Authority
shall act in an advisory capacity to the Talladega County
legislative delegation in regard to expenditures from the
Talladega County Special Tax Trust Fund. The authority shall
report to the legislative delegation annually beginning
September 1, 2000, and shall issue additional reports at other
times when requested by the delegation. The amount of three
million five hundred thousand dollars ($3,500,000) from
existing funds on deposit on the effective date of the act
adding this amendatory language in the Talladega County
Special Trust Fund shall be allocated to the East Alabama
Rural Training and Innovation Hub. Thereafter, any remaining
funds and future revenues shall be used for rural Talladega
County projects, at the discretion of the Talladega County
Commission, subject to approval of the Talladega County
legislative delegation. "
Section 2. Act 2015-515 of the 2015 Regular Session,
relating to the distribution of a portion of the special sales
and use tax, is repealed.
Section 3. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 16-May-23.
John Treadwell
Clerk
Senate 23-May-23 Passed
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