Alabama 2024 Regular Session

Alabama House Bill HB450 Compare Versions

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55 By Representative Starnes (Constitutional Amendment)
66 RFD: Local Legislation
77 First Read: 11-Apr-24
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12-5 HB450 Enrolled
12+5 P7JVGEG-1 04/11/2024 FC (L)ma 2024-1496
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1414 First Read: 11-Apr-24
15-Enrolled, An Act,
15+SYNOPSIS:
16+This bill would propose a local constitutional
17+amendment relating to Autauga County to provide for the
18+levy and collection of an ad valorem tax in the county
19+subject to an exemption for any parcel of property of
20+100 acres or more that does not contain a residence and
21+would provide for the use of the proceeds for public
22+school purposes in the county.
23+A BILL
24+TO BE ENTITLED
25+AN ACT
1626 To propose a local constitutional amendment relating to
1727 Autauga County to provide for the levy and collection of an ad
1828 valorem tax in addition to any ad valorem tax currently
19-levied; and to provide for the use of the proceeds for public
20-school purposes in the county.
29+levied; to provide for exemptions; and to provide for the use
30+of the proceeds for public school purposes in the county.
2131 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2232 Section 1. The following amendment to the Constitution
2333 of Alabama of 2022, is proposed and shall become valid as a
2434 part of the constitution when all requirements of this act are
2535 fulfilled:
2636 PROPOSED AMENDMENT
27-(a) For public school purposes, in addition to any
28-taxes now authorized, or that may hereafter be authorized, by
29-the constitution and laws of the State of Alabama, and
30-notwithstanding any provision of state law or the constitution
31-to the contrary, there is levied and shall be collected in
32-Autauga County, a special school ad valorem tax in the amount
33-of seventy cents ($.70) on each one hundred dollars ($100) (7
34-mills) of taxable property in the county as assessed for state
35-taxation.
36-(b) Notwithstanding the provisions of Section 269.08 of
37-the constitution, any ad valorem tax levied pursuant to this
38-section shall not reduce the rate of any mills of ad valorem
39-tax levied in Autauga County pursuant to Section 269.08 as
40-determined for the ad valorem tax year commencing on October
41-1, 2023, and the mills of ad valorem tax levied pursuant to
42-Section 269.08 for the ad valorem tax year commencing on
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72-Section 269.08 for the ad valorem tax year commencing on
73-October 1, 2023, shall continue to be levied for the ad
74-valorem tax year commencing on October 1, 2024, and for each
75-ad valorem tax year thereafter.
76-(c) If the special school ad valorem tax is approved by
77-a majority of electors in Autauga County voting on the
78-adoption of this section, no further election shall be
79-required and the ad valorem tax shall be levied for the ad
80-valorem tax year commencing on October 1, 2024, and collected
81-commencing on October 1, 2025, and each ad valorem tax year
82-thereafter.
83-(d) The proceeds of the tax levied pursuant to this
84-section shall be collected by the Revenue Commissioner of
85-Autauga County in the same manner and under the same
86-requirements and laws as other ad valorem taxes are collected
87-by the Revenue Commissioner and shall be delivered to the
88-Autauga County Board of Education having control and
89-supervision of the public schools in the county.
90-(e) The "public school purposes" for which the proceeds
91-of the special school tax district levied under this section
92-may be used include the following:
93-(1) Any lawful purpose for which the Autauga County
94-Board of Education in receipt of the proceeds may apply or
95-expend public funds.
96-(2) The dedication, designation, or pledge of all or
97-any part of the proceeds for the benefit or payment of any
98-indebtedness or obligation of any kind or nature of the
99-Autauga County Board of Education.
66+ PROPOSED AMENDMENT
67+(a) For public school purposes, in addition to any
68+taxes now authorized, or that may hereafter be authorized, by
69+the constitution and laws of the State of Alabama, and
70+notwithstanding any provision of state law or the constitution
71+to the contrary, including, without limitation, any
72+restriction or limitation upon the amount, rate, levy, or
73+collection of ad valorem taxes otherwise provided in Section
74+217, or any successor or other provision, of this
75+constitution, there is levied and shall be collected in
76+Autauga County, a special school ad valorem tax in the amount
77+of seventy cents ($.70) on each one hundred dollars ($100) (7
78+mills) of taxable property in the county as assessed for state
79+taxation excluding any parcel of property containing 100 acres
80+or more that does not contain a residence. The amounts payable
81+with respect to any tax levied under the authority of this
82+section: (i) shall not be subject to any limitation or
83+restriction upon the amounts of ad valorem taxes payable by
84+any taxpayer under Section 217 or any successor provision or
85+other provision of the constitution, with respect to any class
86+or item of taxable property; (ii) shall not be taken into
87+account in determining whether such limitation or restriction
88+shall have been exceeded in any tax year; (iii) shall not be
89+subtracted from the total amount of tax due by any taxpayer if
90+the amounts are in excess of the amount of tax otherwise
91+permitted by the limitation or restriction; and (iv) shall be
92+payable in full regardless of whether the amounts, or any
93+portion thereof, are in excess of the limitation or
94+restriction.
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128-Autauga County Board of Education.
129-(f) This section shall be self-executing and no
130-enabling legislation shall be necessary.
131-Upon ratification of this constitutional amendment, the
132-Code Commissioner shall number and place this amendment as
133-appropriate in the constitution omitting this instructional
134-paragraph and may make the following nonsubstantive revisions:
135-change capitalization, hierarchy, spelling, and punctuation
136-for purposes of style and uniformity; correct manifest
137-grammatical, clerical, and typographical errors; revise
138-internal or external citations and cross-references; harmonize
139-language; and translate effective dates.
140-END PROPOSED AMENDMENT
141-Section 2. An election upon the proposed amendment
142-shall be held in accordance with Sections 284, 284.01, and 285
143-of the Constitution of Alabama of 2022, and the election laws
144-of this state. The appropriate election official shall assign
145-a ballot number for the proposed constitutional amendment on
146-the election ballot and shall set forth the following
147-description of the substance or subject matter of the proposed
148-constitutional amendment:
149-"Relating to Autauga County, proposing an amendment to
150-the Constitution of Alabama of 2022, to provide for the levy
151-and collection of an additional ad valorem tax in the amount
152-of seventy cents ($.70) on each one hundred dollars ($100) (7
153-mills) of taxable property in the county and to provide for
154-the use of the proceeds for public school purposes.
155-Proposed by Act ____."
156-This description shall be followed by the following
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124+restriction.
125+(b) Notwithstanding the provisions of Section 269.08 of
126+the constitution, any ad valorem tax levied pursuant to this
127+section shall not reduce the rate of any mills of ad valorem
128+tax levied in Autauga County pursuant to Section 269.08 as
129+determined for the ad valorem tax year commencing on October
130+1, 2023, and the mills of ad valorem tax levied pursuant to
131+Section 269.08 for the ad valorem tax year commencing on
132+October 1, 2023, shall continue to be levied for the ad
133+valorem tax year commencing on October 1, 2024, and for each
134+ad valorem tax year thereafter.
135+(c) If the special school ad valorem tax is approved by
136+a majority of electors in Autauga County voting on the
137+adoption of this section, no further election shall be
138+required and the ad valorem tax shall be levied for the ad
139+valorem tax year commencing on October 1, 2024, and collected
140+commencing on October 1, 2025, and each ad valorem tax year
141+thereafter.
142+(d) The proceeds of the tax levied pursuant to this
143+section shall be collected by the Revenue Commissioner of
144+Autauga County in the same manner and under the same
145+requirements and laws as other ad valorem taxes are collected
146+by the Revenue Commissioner and shall be delivered to the
147+Autauga County Board of Education having control and
148+supervision of the public schools in the county.
149+(e) The "public school purposes" for which the proceeds
150+of the special school tax district levied under this section
151+may be used include the following:
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186-This description shall be followed by the following
187-language:
188-"Yes( ) No( )."
189-Section 3. The proposed amendment shall become valid as
190-part of the Constitution of Alabama of 2022, when approved by
191-a majority of the qualified electors voting thereon.
180+may be used include the following:
181+(1) Any lawful purpose for which the Autauga County
182+Board of Education in receipt of the proceeds may apply or
183+expend public funds.
184+(2) The dedication, designation, or pledge of all or
185+any part of the proceeds for the benefit or payment of any
186+indebtedness or obligation of any kind or nature of the
187+Autauga County Board of Education.
188+(f) This section shall be self-executing and no
189+enabling legislation shall be necessary.
190+Upon ratification of this constitutional amendment, the
191+Code Commissioner shall number and place this amendment as
192+appropriate in the constitution omitting this instructional
193+paragraph and may make the following nonsubstantive revisions:
194+change capitalization, hierarchy, spelling, and punctuation
195+for purposes of style and uniformity; correct manifest
196+grammatical, clerical, and typographical errors; revise
197+internal or external citations and cross-references; harmonize
198+language; and translate effective dates.
199+END PROPOSED AMENDMENT
200+Section 2. An election upon the proposed amendment
201+shall be held in accordance with Sections 284, 284.01, and 285
202+of the Constitution of Alabama of 2022, and the election laws
203+of this state. The appropriate election official shall assign
204+a ballot number for the proposed constitutional amendment on
205+the election ballot and shall set forth the following
206+description of the substance or subject matter of the proposed
207+constitutional amendment:
208+"Relating to Autauga County, proposing an amendment to
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198-a majority of the qualified electors voting thereon.
199-________________________________________________
200-Speaker of the House of Representatives
201-________________________________________________
202-President and Presiding Officer of the Senate
203-House of Representatives
204-I hereby certify that the within Act originated in and
205-was passed by the House 23-Apr-24.
206-John Treadwell
207-Clerk
208-Senate 02-May-24 Amended and Passed
209-House 02-May-24 Concurred in Senate
210-Amendment
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238+"Relating to Autauga County, proposing an amendment to
239+the Constitution of Alabama of 2022, to provide for the levy
240+and collection of an additional ad valorem tax in the county
241+subject to an exemption for any parcel of property of 100
242+acres or more that does not contain a residence and to provide
243+for the use of the proceeds for public school purposes.
244+Proposed by Act ____."
245+This description shall be followed by the following
246+language:
247+"Yes( ) No( )."
248+Section 3. The proposed amendment shall become valid as
249+part of the Constitution of Alabama of 2022, when approved by
250+a majority of the qualified electors voting thereon.
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