Alabama 2024 Regular Session

Alabama House Bill HB239 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB239INTRODUCED
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3	3	HB239
4	4	N4VI888-1
5	5	By Representative Kiel (Constitutional Amendment)
6	6	RFD: State Government
7	7	First Read: 27-Feb-24
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12	12	5 N4VI888-1 02/22/2024 ZAK (L)cr 2023-2744
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14	14	First Read: 27-Feb-24
15	15	SYNOPSIS:
16	16	Under existing law, the Commissioner of
17	17	Conservation and Natural Resources has the authority to
18	18	manage and supervise all sixteenth section and
19	19	indemnity school lands in this state, including leasing
20	20	and selling these lands, which were originally granted
21	21	by Congress to each township in the state for the use
22	22	of schools therein.
23	23	Also under existing law, proceeds produced by
24	24	school lands are provided to schools as determined by
25	25	their original grant in amounts dependent upon the type
26	26	of proceeds.
27	27	This bill would propose an amendment to the
28	28	Constitution of Alabama of 2022, to grant certain
29	29	sixteenth section and indemnity school lands located in
30	30	Walker County that are for the exclusive use of schools
31	31	in Franklin County to the Franklin County Board of
32	32	Education to manage, sell, lease, and control these
33	33	lands and any timber, minerals, or other natural
34	34	resource of the land; and to provide for the
35	35	distribution of any proceeds and interest generated by
36	36	this land.
37	37	A BILL
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65	65	28 HB239 INTRODUCED
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67	67	A BILL
68	68	TO BE ENTITLED
69	69	AN ACT
70	70	Proposing an amendment to the Constitution of Alabama
71	71	of 2022, to grant certain sixteenth section and indemnity
72	72	school lands located in Walker County that are for the
73	73	exclusive use of schools in Franklin County to the Franklin
74	74	County Board of Education; and to provide for the distribution
75	75	of any proceeds and interest generated by this land.
76	76	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
77	77	Section 1. The following amendment to the Constitution
78	78	of Alabama of 2022, is proposed:
79	79	PROPOSED AMENDMENT
80	80	(a) All sixteenth section and indemnity school land
81	81	located in Walker County which is for the exclusive use of
82	82	schools in Franklin County is vested in the Franklin County
83	83	Board of Education. The board may manage, sell, lease, and
84	84	control the lands and any timber, minerals, or other natural
85	85	resource of the land.
86	86	(b) Any proceeds from the sale of this land shall be
87	87	distributed as follows:
88	88	(1) Ninety percent shall be deposited into a trust
89	89	account in Franklin County.
90	90	(2) Ten percent shall be deposited into the Franklin
91	91	County Board of Education General Fund.
92	92	(c) Any interest earned on the funds deposited pursuant
93	93	to subdivision (b)(1) and the funds deposited pursuant to
94	94	subdivision (b)(2) shall be annually distributed to the
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124	124	subdivision (b)(2) shall be annually distributed to the
125	125	Franklin County school system and the Russelville City school
126	126	system in proportion to the number of students residing within
127	127	the then existing boundaries of each system. The number of
128	128	students residing in a school system shall be based on the
129	129	then existing enrollment of students in each system, adjusted
130	130	by the number of students enrolled in the system who reside
131	131	outside of the system, as identified by the Franklin County
132	132	Board of Education. The annual distribution of interest for
133	133	each of the five years immediately following ratification of
134	134	this amendment shall be calculated using 2023-2024 school year
135	135	student enrollment data. Thereafter, the distribution
136	136	formulation shall be recalculated and updated for each
137	137	five-year period based upon student enrollment data at the
138	138	beginning of the five-year period.
139	139	(d) Any proceeds generated from the sale of timber,
140	140	minerals, or other natural resource of the land, or from the
141	141	lease of the land or its natural resources, shall be paid to
142	142	the Franklin County Board of Education and deposited into the
143	143	Franklin County Board of Education General Fund.
144	144	(e) It is the intent of the Legislature that this
145	145	amendment supersede any other provision of this constitution
146	146	that may be construed as conflicting with this amendment as it
147	147	relates to the land and the rights, power, and control
148	148	thereof and to the sale, lease, or other disposition of the
149	149	land and timber, minerals, or other natural resource of the
150	150	land, and any proceeds and interest earned therefrom.
151	151	(f) Upon ratification of this amendment, all proceeds
152	152	realized from the sale, lease, or other disposition of the
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182	182	realized from the sale, lease, or other disposition of the
183	183	land or the sale of timber, minerals, or other natural
184	184	resource of the land occurring before ratification of this
185	185	amendment that are held in trust by the State of Alabama shall
186	186	continue to be held in trust, and any proceeds and interest
187	187	derived from those transactions shall be paid to the Franklin
188	188	County Board of Education.
189	189	Upon ratification of this constitutional amendment, the
190	190	Code Commissioner shall number and place this amendment as
191	191	appropriate in the constitution omitting this instructional
192	192	paragraph and may make the following nonsubstantive revisions:
193	193	change capitalization, hierarchy, spelling, and punctuation
194	194	for purposes of style and uniformity; correct manifest
195	195	grammatical, clerical, and typographical errors; revise
196	196	internal or external citations and cross-references; harmonize
197	197	language; and translate effective dates.
198	198	END OF PROPOSED AMENDMENT
199	199	Section 2. An election upon the proposed amendment
200	200	shall be held in accordance with Sections 284 and 285 of the
201	201	Constitution of Alabama of 2022, and the election laws of this
202	202	state. The appropriate election official shall assign a ballot
203	203	number for the proposed constitutional amendment on the
204	204	election ballot and shall set forth the following description
205	205	of the substance or subject matter of the proposed
206	206	constitutional amendment:
207	207	"Proposing an amendment to the Constitution of Alabama
208	208	of 2022, to grant certain sixteenth section and indemnity
209	209	school lands located in Walker County that are for the
210	210	exclusive use of schools in Franklin County to the Franklin
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240	240	exclusive use of schools in Franklin County to the Franklin
241	241	County Board of Education; and to provide for the distribution
242	242	of any proceeds and interest generated by this land in
243	243	proportion to the student enrollment in school systems in
244	244	Franklin County.
245	245	Proposed by Act ____. "
246	246	This description shall be followed by the following
247	247	language:
248	248	"Yes( ) No( )."
249	249	Section 3. The proposed amendment shall become valid as
250	250	a part of the Constitution of Alabama of 2022, when approved
251	251	by a majority of the qualified electors voting thereon.
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