HB372INTRODUCED Page 0 HB372 PUVQEEE-1 By Representatives Ingram, Starnes, Stubbs (N & P) RFD: Local Legislation First Read: 27-Feb-25 1 2 3 4 5 PUVQEEE-1 02/27/2025 CD (F)DJ 2024-3150 Page 1 First Read: 27-Feb-25 A BILL TO BE ENTITLED AN ACT Relating to Elmore County; to levy a county rental tax and provide for the calculation of the rate; and to provide for the distribution of the proceeds collected from the tax. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This act shall only apply to Elmore County. Section 2. (a) In addition to all other taxes, beginning September 1, 2025, there is levied a privilege tax, to be called a rental tax, on each person leasing or renting tangible personal property as provided by this section. (b) The Revenue Commissioner of Elmore County shall calculate the rates for the tax levied by this section using the formulas as provided in subsection (c) rounded to the nearest one tenth of a percent and shall publish notice of the rates by August 1, 2025. (c)(1) a. The rate for each incorporated area of the county, including any police jurisdictions, shall be equal to the difference of the following: 1. Nine and one-half percent; LESS 2. The lesser of the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB372 INTRODUCED Page 2 2. The lesser of the following: (i) The general state rental tax rate levied pursuant to Section 40-12-222(a)(1), Code of Alabama 1975; or (ii) Four percent; LESS 3. The applicable general rental or lease tax rate levied on the rental of tangible personal property by a municipality in the incorporated area or police jurisdiction. b. If the calculation from paragraph a. results in a negative number, no county rental tax shall be levied by this section. (2) The rate for unincorporated areas of the county, not to include any police jurisdictions, shall be an amount equal to the greater of: a. Five and one-half percent; or b. The difference of the following: 1. Nine and one-half percent; LESS 2. The lesser of the following: (i) The general state rental tax rate levied pursuant to Section 40-12-222(a)(1), Code of Alabama 1975; or (ii) Four percent. (d) Upon any change in the rates referenced in subsection (c) that are used to calculate the county rental tax rate, the revenue commissioner shall recalculate the county rental tax rates in subsection (c) and publish notice of the new rate adjustment. (e) The county commission shall certify by resolution the county rental tax rates levied by this section, including 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB372 INTRODUCED Page 3 the county rental tax rates levied by this section, including any recalculations provided by subsection (d). (f) The tax levied by this section shall parallel the tax imposed by Article 4 of Chapter 12 of Title 40, Code of Alabama 1975. This tax shall apply to the same persons and transactions to which that tax applies. (g) The county commission shall provide for the collection and administration of this tax by resolution. (h)(1) The proceeds of this tax shall be deposited into the Enhance Elmore Fund. (2) The county commission shall appropriate the proceeds of this tax as follows: a. Ninety percent for infrastructure. b. Ten percent for economic development. Section 3. This act shall become effective on June 1, 2025. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71