HB239INTRODUCED
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HB239
N4VI888-1
By Representative Kiel (Constitutional Amendment)
RFD: State Government
First Read: 27-Feb-24
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5 N4VI888-1 02/22/2024 ZAK (L)cr 2023-2744
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First Read: 27-Feb-24
SYNOPSIS:
Under existing law, the Commissioner of
Conservation and Natural Resources has the authority to
manage and supervise all sixteenth section and
indemnity school lands in this state, including leasing
and selling these lands, which were originally granted
by Congress to each township in the state for the use
of schools therein.
Also under existing law, proceeds produced by
school lands are provided to schools as determined by
their original grant in amounts dependent upon the type
of proceeds.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to grant certain
sixteenth section and indemnity school lands located in
Walker County that are for the exclusive use of schools
in Franklin County to the Franklin County Board of
Education to manage, sell, lease, and control these
lands and any timber, minerals, or other natural
resource of the land; and to provide for the
distribution of any proceeds and interest generated by
this land.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama
of 2022, to grant certain sixteenth section and indemnity
school lands located in Walker County that are for the
exclusive use of schools in Franklin County to the Franklin
County Board of Education; and to provide for the distribution
of any proceeds and interest generated by this land.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) All sixteenth section and indemnity school land
located in Walker County which is for the exclusive use of
schools in Franklin County is vested in the Franklin County
Board of Education. The board may manage, sell, lease, and
control the lands and any timber, minerals, or other natural
resource of the land.
(b) Any proceeds from the sale of this land shall be
distributed as follows:
(1) Ninety percent shall be deposited into a trust
account in Franklin County.
(2) Ten percent shall be deposited into the Franklin
County Board of Education General Fund.
(c) Any interest earned on the funds deposited pursuant
to subdivision (b)(1) and the funds deposited pursuant to
subdivision (b)(2) shall be annually distributed to the
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subdivision (b)(2) shall be annually distributed to the
Franklin County school system and the Russelville City school
system in proportion to the number of students residing within
the then existing boundaries of each system. The number of
students residing in a school system shall be based on the
then existing enrollment of students in each system, adjusted
by the number of students enrolled in the system who reside
outside of the system, as identified by the Franklin County
Board of Education. The annual distribution of interest for
each of the five years immediately following ratification of
this amendment shall be calculated using 2023-2024 school year
student enrollment data. Thereafter, the distribution
formulation shall be recalculated and updated for each
five-year period based upon student enrollment data at the
beginning of the five-year period.
(d) Any proceeds generated from the sale of timber,
minerals, or other natural resource of the land, or from the
lease of the land or its natural resources, shall be paid to
the Franklin County Board of Education and deposited into the
Franklin County Board of Education General Fund.
(e) It is the intent of the Legislature that this
amendment supersede any other provision of this constitution
that may be construed as conflicting with this amendment as it
relates to the land and the rights, power, and control
thereof and to the sale, lease, or other disposition of the
land and timber, minerals, or other natural resource of the
land, and any proceeds and interest earned therefrom.
(f) Upon ratification of this amendment, all proceeds
realized from the sale, lease, or other disposition of the
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realized from the sale, lease, or other disposition of the
land or the sale of timber, minerals, or other natural
resource of the land occurring before ratification of this
amendment that are held in trust by the State of Alabama shall
continue to be held in trust, and any proceeds and interest
derived from those transactions shall be paid to the Franklin
County Board of Education.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to grant certain sixteenth section and indemnity
school lands located in Walker County that are for the
exclusive use of schools in Franklin County to the Franklin
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exclusive use of schools in Franklin County to the Franklin
County Board of Education; and to provide for the distribution
of any proceeds and interest generated by this land in
proportion to the student enrollment in school systems in
Franklin County.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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