Alabama 2024 Regular Session

Alabama House Bill HB306 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB306ENROLLED~~
	1	+	HB306INTRODUCED
2	2		Page 0
3	3		HB306
4		-	3Q56VZZ-2
	4	+	3Q56VZZ-1
5	5		By Representative Givens (Constitutional Amendment)
6	6		RFD: Baldwin County Legislation
7	7		First Read: 07-Mar-24
8	8		1
9	9		2
10	10		3
11	11		4
12		-	5 ~~HB306 Enrolled~~
	12	+	5 3Q56VZZ-1 03/04/2024 THR (L)THR 2024-1006
13	13		Page 1
14	14		First Read: 07-Mar-24
15		-	Enrolled, An Act,
	15	+	SYNOPSIS:
	16	+	This bill would propose an amendment to the
	17	+	Constitution of Alabama of 2022, relating to Baldwin
	18	+	County, to define the Stapleton Landmark District
	19	+	within the county and to prohibit the annexation by
	20	+	local law of any property within the district into any
	21	+	municipality except under certain conditions.
	22	+	A BILL
	23	+	TO BE ENTITLED
	24	+	AN ACT
16	25		To propose an amendment to the Constitution of Alabama
17	26		of 2022, relating to Baldwin County, to define the Stapleton
18	27		Landmark District within the county and to prohibit the
19	28		annexation by local law of any property within the district
20	29		into any municipality except under certain conditions.
21	30		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22	31		Section 1. The following amendment to the Constitution
23	32		of Alabama of 2022, is proposed:
24	33		PROPOSED AMENDMENT
25	34		(a) For the purposes of this amendment, the "Stapleton
26	35		Landmark District" in Baldwin County is defined as follows:
27	36		Commence at the Southeast Corner of Section 4, Township
28		-	4 South, Range 3 East for a POINT OF BEGINNING: Thence run
29		-	Westwardly along and with The South boundary of said Section 4
30		-	and the North boundary of the current City of Loxley Corporate
31		-	Limits to the Southwest Corner of Section 4, Township 4 South,
32		-	Range 3 East and the Northwest Corner of Section 9, Township 4
33		-	South, Range 3 East; thence run Southwardly along and with the
34		-	West Boundary of said Section 9 and the West Boundary of the
35		-	current City of Loxley Corporate Limits to the Southernmost
36		-	Corner of Baldwin County, Alabama Tax Parcel Number
37		-	05-33-03-05-0-000-003.004; thence run Northwesterly along and
38		-	with the Western Boundary of said Tax Parcel to the South
39		-	Boundary of Section 5, Township 4 South, Range 3 East; thence
40		-	run Westwardly along and with the South Boundary of said
41		-	Section 5 to the Western Margin of Alabama State Highway
42	37		1
43	38		2
44	39		3
45	40		4
46	41		5
47	42		6
48	43		7
49	44		8
50	45		9
51	46		10
52	47		11
53	48		12
54	49		13
55	50		14
56	51		15
57	52		16
58	53		17
59	54		18
60	55		19
61	56		20
62	57		21
63	58		22
64	59		23
65	60		24
66	61		25
67	62		26
68	63		27
69		-	28 HB306 ~~Enrolled~~
	64	+	28 HB306 INTRODUCED
70	65		Page 2
	66	+	Commence at the Southeast Corner of Section 4, Township
	67	+	4 South, Range 3 East for a POINT OF BEGINNING: Thence run
	68	+	Westwardly along and with The South boundary of said Section 4
	69	+	and the North boundary of the current City of Loxley Corporate
	70	+	Limits to the Southwest Corner of Section 4, Township 4 South,
	71	+	Range 3 East and the Northwest Corner of Section 9, Township 4
	72	+	South, Range 3 East; thence run Southwardly along and with the
	73	+	West Boundary of said Section 9 and the West Boundary of the
	74	+	current City of Loxley Corporate Limits to the Southernmost
	75	+	Corner of Baldwin County, Alabama Tax Parcel Number
	76	+	05-33-03-05-0-000-003.004; thence run Northwesterly along and
	77	+	with the Western Boundary of said Tax Parcel to the South
	78	+	Boundary of Section 5, Township 4 South, Range 3 East; thence
	79	+	run Westwardly along and with the South Boundary of said
71	80		Section 5 to the Western Margin of Alabama State Highway
72	81		Number 59 and the Eastern Boundary of the current City of
73	82		Loxley Corporate Limits; thence run Northwestwardly along and
74	83		with the Western Margin of said Alabama State Highway Number
75	84		59 and to the Eastern Boundary of said Corporate Limits to the
76	85		North Boundary of the current City of Loxley Corporate Limits
77	86		and to the Southeast Corner of Baldwin County, Alabama Tax
78	87		Parcel Number 05-33-03-05-0-000-003.003; thence run Westwardly
79	88		along and with said Corporate Limits to the Western Boundary
80	89		of the current City of Loxley Corporate Limits and to the
81	90		Eastern Margin of U.S. Highway Number 31 (A.K.A. Alabama State
82	91		Highway Number 3) and to the Southwest Corner of Baldwin
83	92		County, Alabama Tax Parcel Number 05-33-03-05-0-000-003.040;
84	93		thence run Southwestwardly along an with the Eastern Margin of
85	94		said Highway Number 31 and Highway Number 3 and the Western
86		-	Boundary of said Corporate Limits to the South Boundary of the
87		-	current City of Loxley Corporate Limits and the Southern
88		-	Boundary of Section 5, Township 4 South, Range 3 East and to
89		-	the Southwest Corner of Baldwin County, Alabama Tax Parcel
90		-	Number 05-33-03-05-0-000-003.000; thence run Westwardly to the
91		-	Southeast Corner of Bromley Acres, Third Addition, as shown by
92		-	map or plat thereof recorded on Slide File 1051-A, Probate
93		-	Records, Baldwin County, Alabama on the Western Margin of U.S.
94		-	Highway Number 3); thence run Southwestwardly along and with
95		-	the Eastern Margin of said Highway Number 31 and Highway
96		-	Number 3 to the Southeast Corner of Baldwin County, Alabama
97		-	Tax Parcel Number 05-33-03-07-0-000-001.005; thence run
98		-	Westwardly along and with the South Boundary of said Tax
99		-	Parcel to the Southeast Corner of Hunawell Ranch, as shown by
100	95		29
101	96		30
102	97		31
103	98		32
104	99		33
105	100		34
106	101		35
107	102		36
108	103		37
109	104		38
110	105		39
111	106		40
112	107		41
113	108		42
114	109		43
115	110		44
116	111		45
117	112		46
118	113		47
119	114		48
120	115		49
121	116		50
122	117		51
123	118		52
124	119		53
125	120		54
126	121		55
127		-	56 HB306 ~~Enrolled~~
	122	+	56 HB306 INTRODUCED
128	123		Page 3
	124	+	said Highway Number 31 and Highway Number 3 and the Western
	125	+	Boundary of said Corporate Limits to the South Boundary of the
	126	+	current City of Loxley Corporate Limits and the Southern
	127	+	Boundary of Section 5, Township 4 South, Range 3 East and to
	128	+	the Southwest Corner of Baldwin County, Alabama Tax Parcel
	129	+	Number 05-33-03-05-0-000-003.000; thence run Westwardly to the
	130	+	Southeast Corner of Bromley Acres, Third Addition, as shown by
	131	+	map or plat thereof recorded on Slide File 1051-A, Probate
	132	+	Records, Baldwin County, Alabama on the Western Margin of U.S.
	133	+	Highway Number 3); thence run Southwestwardly along and with
	134	+	the Eastern Margin of said Highway Number 31 and Highway
	135	+	Number 3 to the Southeast Corner of Baldwin County, Alabama
	136	+	Tax Parcel Number 05-33-03-07-0-000-001.005; thence run
	137	+	Westwardly along and with the South Boundary of said Tax
129	138		Parcel to the Southeast Corner of Hunawell Ranch, as shown by
130	139		map or plat thereof recorded on Slide Field 2169-D, Probate
131	140		Records, Baldwin County, Alabama; thence run Westwardly along
132	141		and with the South Boundary of Hunawell Ranch to the Southwest
133	142		Corner of said Hunawell Ranch and the East Boundary of the
134	143		current City of Spanish Fort Corporate Limits; thence run
135	144		Northwardly along and with said Corporate Limits East Boundary
136	145		and the West Boundaries of Sections 7 and 6, Township 4 South,
137	146		Range 3 East and the West Boundaries of Sections 31 and 30,
138	147		Township 3 South, Range 3 East to the Northwest Corner of
139	148		Section 30, Township 3 South, Range 3 East and the South
140	149		Boundary of the current City of Spanish Fort Corporate Limits;
141	150		thence run Eastwardly along and with said Corporate Limits
142	151		South Boundary to the East Boundary of the current City of
143	152		Spanish Fort Corporate Limits and the Southeast Corner of
144		-	Baldwin County, Alabama Tax Parcel Number
145		-	05-28-04-20-0-000-009.000; thence run Northwardly along and
146		-	with said Corporate Limits East Boundary to the South Boundary
147		-	of the current City of Spanish Fort Corporate Limits and the
148		-	Northwest Corner of Baldwin County, Alabama Tax Parcel Number
149		-	05-28-04-20-0-000-008.003; thence run Eastwardly along and
150		-	with said Corporate Limits South Boundary to the Southwest
151		-	Corner of Baldwin County, Alabama Tax Parcel Number
152		-	05-28-04-17-0-000-002.000; thence run Eastwardly along and
153		-	with the South Boundary od said Tax Parcel to the Southwest
154		-	Corner of Stone Ridge Subdivision as shown by map or plat
155		-	thereof recorded on Slide File 1965-A; thence continue
156		-	Eastwardly along the South Boundary of Stone Ridge Subdivision
157		-	to the Southeast Corner of said Subdivision and the Southwest
158	153		57
159	154		58
160	155		59
161	156		60
162	157		61
163	158		62
164	159		63
165	160		64
166	161		65
167	162		66
168	163		67
169	164		68
170	165		69
171	166		70
172	167		71
173	168		72
174	169		73
175	170		74
176	171		75
177	172		76
178	173		77
179	174		78
180	175		79
181	176		80
182	177		81
183	178		82
184	179		83
185		-	84 HB306 ~~Enrolled~~
	180	+	84 HB306 INTRODUCED
186	181		Page 4
	182	+	Spanish Fort Corporate Limits and the Southeast Corner of
	183	+	Baldwin County, Alabama Tax Parcel Number
	184	+	05-28-04-20-0-000-009.000; thence run Northwardly along and
	185	+	with said Corporate Limits East Boundary to the South Boundary
	186	+	of the current City of Spanish Fort Corporate Limits and the
	187	+	Northwest Corner of Baldwin County, Alabama Tax Parcel Number
	188	+	05-28-04-20-0-000-008.003; thence run Eastwardly along and
	189	+	with said Corporate Limits South Boundary to the Southwest
	190	+	Corner of Baldwin County, Alabama Tax Parcel Number
	191	+	05-28-04-17-0-000-002.000; thence run Eastwardly along and
	192	+	with the South Boundary od said Tax Parcel to the Southwest
	193	+	Corner of Stone Ridge Subdivision as shown by map or plat
	194	+	thereof recorded on Slide File 1965-A; thence continue
	195	+	Eastwardly along the South Boundary of Stone Ridge Subdivision
187	196		to the Southeast Corner of said Subdivision and the Southwest
188	197		Corner of Baldwin County, Alabama Tax Parcel Number
189	198		05-28-04-17-0-000-005.000; thence continue Eastwardly along
190	199		and with the South Boundary of said Tax Parcel to the
191	200		Northeast Corner of Section 20, Township 3 South, Range 3 East
192	201		and the Northwest Corner of Section 21, Township 3 South,
193	202		Range 3 East; thence continue Eastwardly along and with the
194	203		North Boundaries of Sections 21, 22, 23 and 24, Township 3
195	204		South, Range 3 East to the Northeast Corner of Section 24,
196	205		Township 3 South, Range 3 East; then run Southwardly along and
197	206		with the East Boundaries of Sections 24, 25, 36, Township 3
198	207		South, Range 3 East and Section 1, Township 4 South, Range 3
199	208		East to the Southeast Corner of Section 1, Township 4 South,
200	209		Range 3 East; thence run Westwardly along and with the South
201	210		Boundary of said Section 1 to the Southwest Corner of Section
202		-	1, Township 4 South, Range 3 East and the Southeast Corner of
203		-	Section 2, Township 4 South, Rang 3 East; thence run
204		-	Westwardly along and with the South Boundary of said Section 2
205		-	to the Northwestern Corner of Baldwin County, Alabama Tax
206		-	Parcel Number 05-33-01-11-0-000-001.000 and the Eastern
207		-	Boundary of the current City of Loxley Corporate Limits;
208		-	thence run Westwardly along and with the North Boundary of
209		-	said Corporate Limits to the Southwest Corner of Baldwin
210		-	County, Alabama Tax Parcel Number 05-33-01-02-0-000-014.000
211		-	and the East Boundary of the current City of Loxley Corporate
212		-	Limits; thence run Southwardly along and with the East
213		-	Boundary of said Corporate Limits to the North Boundary of the
214		-	Current City of Loxley Corporate Limits; thence run Westwardly
215		-	along and with the North Boundary of the Current City of
216	211		85
217	212		86
218	213		87
219	214		88
220	215		89
221	216		90
222	217		91
223	218		92
224	219		93
225	220		94
226	221		95
227	222		96
228	223		97
229	224		98
230	225		99
231	226		100
232	227		101
233	228		102
234	229		103
235	230		104
236	231		105
237	232		106
238	233		107
239	234		108
240	235		109
241	236		110
242	237		111
243		-	112 HB306 ~~Enrolled~~
	238	+	112 HB306 INTRODUCED
244	239		Page 5
	240	+	Boundary of said Section 1 to the Southwest Corner of Section
	241	+	1, Township 4 South, Range 3 East and the Southeast Corner of
	242	+	Section 2, Township 4 South, Rang 3 East; thence run
	243	+	Westwardly along and with the South Boundary of said Section 2
	244	+	to the Northwestern Corner of Baldwin County, Alabama Tax
	245	+	Parcel Number 05-33-01-11-0-000-001.000 and the Eastern
	246	+	Boundary of the current City of Loxley Corporate Limits;
	247	+	thence run Westwardly along and with the North Boundary of
	248	+	said Corporate Limits to the Southwest Corner of Baldwin
	249	+	County, Alabama Tax Parcel Number 05-33-01-02-0-000-014.000
	250	+	and the East Boundary of the current City of Loxley Corporate
	251	+	Limits; thence run Southwardly along and with the East
	252	+	Boundary of said Corporate Limits to the North Boundary of the
	253	+	Current City of Loxley Corporate Limits; thence run Westwardly
245	254		along and with the North Boundary of the Current City of
246	255		Loxley Corporate Limits to the East Boundary of said Corporate
247	256		Limits; thence run Northwardly along and with the East
248	257		Boundary of said Corporate Limits to the Southwest Corner of
249	258		Baldwin County, Alabama Tax Parcel Number
250	259		05-33-01-02-0-000-006.002; thence run Northwardly along and
251	260		with the East Boundary of the current City of Loxley Corporate
252	261		Limits to the Northwest Corner of Baldwin County, Alabama Tax
253	262		Parcel Number 05-33-01-02-0-000-007.007 and the North Boundary
254	263		of the current City of Loxley Corporate Limits; thence run
255	264		Westwardly along and with the North Boundary of said Corporate
256	265		Limits to the Southwest Corner of Baldwin County, Alabama Tax
257	266		parcel Number 05-33-01-02-0-000-005.008 and the East Boundary
258	267		of the current City of Loxley Corporate Limits; thence run
259	268		Northwardly along and with the East Boundary of said Corporate
260		-	Limits to the Northwest Corner of Baldwin County, Alabama Tax
261		-	Parcel Number 05-33-01-02-0-000-004.000 and the North Boundary
262		-	of the current City of Loxley Corporate Limits; thence run
263		-	Westwardly along and with the North Boundary of said Corporate
264		-	Limits to the Southwest Corner of Baldwin County, Alabama Tax
265		-	Parcel Number 05-28-08-34-0-000-026.000 and the East Boundary
266		-	of the current City of Loxley Corporate Limits; thence run
267		-	Northwardly along and with the East Boundary of said Corporate
268		-	Limits to the Southwest Corner of Baldwin County, Alabama Tax
269		-	Parcel Number 05-28-08-34-0-000-004.003 and the North Boundary
270		-	of the current City of Loxley Corporate Limits; thence run
271		-	Westwardly along and with the North Boundary of said Corporate
272		-	Limits to the Southwest Corner of Baldwin County, Alabama Tax
273		-	Parcel Number 05-28-08-34-0-000-023.000 and the West Boundary
274	269		113
275	270		114
276	271		115
277	272		116
278	273		117
279	274		118
280	275		119
281	276		120
282	277		121
283	278		122
284	279		123
285	280		124
286	281		125
287	282		126
288	283		127
289	284		128
290	285		129
291	286		130
292	287		131
293	288		132
294	289		133
295	290		134
296	291		135
297	292		136
298	293		137
299	294		138
300	295		139
301		-	140 HB306 ~~Enrolled~~
	296	+	140 HB306 INTRODUCED
302	297		Page 6
	298	+	Northwardly along and with the East Boundary of said Corporate
	299	+	Limits to the Northwest Corner of Baldwin County, Alabama Tax
	300	+	Parcel Number 05-33-01-02-0-000-004.000 and the North Boundary
	301	+	of the current City of Loxley Corporate Limits; thence run
	302	+	Westwardly along and with the North Boundary of said Corporate
	303	+	Limits to the Southwest Corner of Baldwin County, Alabama Tax
	304	+	Parcel Number 05-28-08-34-0-000-026.000 and the East Boundary
	305	+	of the current City of Loxley Corporate Limits; thence run
	306	+	Northwardly along and with the East Boundary of said Corporate
	307	+	Limits to the Southwest Corner of Baldwin County, Alabama Tax
	308	+	Parcel Number 05-28-08-34-0-000-004.003 and the North Boundary
	309	+	of the current City of Loxley Corporate Limits; thence run
	310	+	Westwardly along and with the North Boundary of said Corporate
	311	+	Limits to the Southwest Corner of Baldwin County, Alabama Tax
303	312		Parcel Number 05-28-08-34-0-000-023.000 and the West Boundary
304	313		of the current City of Loxley Corporate Limits; thence run
305	314		Southwardly along and with the West Boundary of said Corporate
306	315		Limits to the North Boundary of the current City of Loxley
307	316		Corporate Limits and the Southeast Corner of Section 4,
308	317		Township 4 South, Range 3 East to the Point of Beginning.
309	318		LESS AND EXCEPT therefrom any portion of the above
310	319		described property which lies within the Corporate Limits of
311	320		the City of Loxley, the City of Spanish Fort, or the City of
312	321		Bay Minette, Alabama.
313	322		(b) No property within the Stapleton Landmark District
314	323		may be annexed into any municipality by local law.
315	324		(c) Subsection (b) shall not apply to any municipality
316	325		incorporated after the ratification of this amendment which
317	326		includes any part of the Stapleton Landmark District.
318		-	(d) The Stapleton Landmark District shall not be
319		-	considered a legal entity and shall not have any of the
320		-	following powers of authority:
321		-	(1) Standing to sue or be sued.
322		-	(2) Taxing authority.
323		-	(3) Zoning authority.
324		-	(4) Police power and public safety authority.
325		-	(5) Authority to adopt ordinances, rules, or
326		-	regulations within its boundaries.
327		-	(6) Any other authority or power commonly associated
328		-	with a legal entity.
329		-	Upon ratification of this constitutional amendment, the
330		-	Code Commissioner shall number and place this amendment as
331		-	appropriate in the constitution omitting this instructional
332	327		141
333	328		142
334	329		143
335	330		144
336	331		145
337	332		146
338	333		147
339	334		148
340	335		149
341	336		150
342	337		151
343	338		152
344	339		153
345	340		154
346	341		155
347	342		156
348	343		157
349	344		158
350	345		159
351	346		160
352	347		161
353	348		162
354	349		163
355	350		164
356	351		165
357	352		166
358	353		167
359		-	168 HB306 ~~Enrolled~~
	354	+	168 HB306 INTRODUCED
360	355		Page 7
	356	+	includes any part of the Stapleton Landmark District.
	357	+	(d) The Stapleton Landmark District shall not be
	358	+	considered a legal entity and shall not have any of the
	359	+	following powers of authority:
	360	+	(1) Standing to sue or be sued.
	361	+	(2) Taxing authority.
	362	+	(3) Zoning authority.
	363	+	(4) Police power and public safety authority.
	364	+	(5) Authority to adopt ordinances, rules, or
	365	+	regulations within its boundaries.
	366	+	(6) Any other authority or power commonly associated
	367	+	with a legal entity.
	368	+	Upon ratification of this constitutional amendment, the
	369	+	Code Commissioner shall number and place this amendment as
361	370		appropriate in the constitution omitting this instructional
362	371		paragraph and may make the following nonsubstantive revisions:
363	372		change capitalization, hierarchy, spelling, and punctuation
364	373		for purposes of style and uniformity; correct manifest
365	374		grammatical, clerical, and typographical errors; revise
366	375		internal or external citations and cross-references; harmonize
367	376		language; and translate effective dates.
368	377		END PROPOSED AMENDMENT
369	378		Section 2. An election upon the proposed amendment
370	379		shall be held in accordance with Sections 284, 284.01, and 285
371	380		of the Constitution of Alabama of 2022, and the election laws
372	381		of this state. The appropriate election official shall assign
373	382		a ballot number for the proposed constitutional amendment on
374	383		the election ballot and shall set forth the following
375	384		description of the substance or subject matter of the proposed
376		-	constitutional amendment:
377		-	"Relating to Baldwin County, to propose an amendment to
378		-	the Constitution of Alabama of 2022, to define the Stapleton
379		-	Landmark District within the county and to prohibit the
380		-	annexation by local law of any property within the district
381		-	into any municipality except under certain conditions.
382		-	Proposed by Act ____."
383		-	This description shall be followed by the following
384		-	language:
385		-	"Yes( ) No( )."
386		-	Section 3. The proposed amendment shall become valid as
387		-	part of the Constitution of Alabama of 2022, when approved by
388		-	a majority of the qualified electors voting thereon.
389	385		169
390	386		170
391	387		171
392	388		172
393	389		173
394	390		174
395	391		175
396	392		176
397	393		177
398	394		178
399	395		179
400	396		180
401	397		181
402	398		182
403	399		183
404	400		184
405	401		185
406	402		186
407	403		187
408	404		188
409	405		189
410	406		190
411	407		191
412	408		192
413	409		193
414	410		194
415		-	195 HB306 Enrolled
	411	+	195
	412	+	196 HB306 INTRODUCED
416	413		Page 8
	414	+	description of the substance or subject matter of the proposed
	415	+	constitutional amendment:
	416	+	"Relating to Baldwin County, to propose an amendment to
	417	+	the Constitution of Alabama of 2022, to define the Stapleton
	418	+	Landmark District within the county and to prohibit the
	419	+	annexation by local law of any property within the district
	420	+	into any municipality except under certain conditions.
	421	+	Proposed by Act ____."
	422	+	This description shall be followed by the following
	423	+	language:
	424	+	"Yes( ) No( )."
	425	+	Section 3. The proposed amendment shall become valid as
	426	+	part of the Constitution of Alabama of 2022, when approved by
417	427		a majority of the qualified electors voting thereon.
418		-	________________________________________________
419		-	Speaker of the House of Representatives
420		-	________________________________________________
421		-	President and Presiding Officer of the Senate
422		-	House of Representatives
423		-	I hereby certify that the within Act originated in and
424		-	was passed by the House 16-Apr-24.
425		-	John Treadwell
426		-	Clerk
427		-	Senate 08-May-24 Passed
428		-	196
429	428		197
430	429		198
431	430		199
432	431		200
433	432		201
434	433		202
435	434		203
436	435		204
437	436		205
438	437		206
439	438		207
440	439		208
441	440		209
442		-	210
443		-	211
444		-	212
445		-	213
446		-	214
447		-	215
448		-	216
449		-	217
450		-	218
451		-	219
452		-	220
453		-	221
454		-	222
455		-	223
456		-	224
457		-	225
458		-	226
459		-	227
460		-	228
461		-	229
462		-	230
463		-	231