HB486INTRODUCED
Page 0
HB486
W1VJ39E-1
By Representative Givens (Constitutional Amendment)
RFD: Local Legislation
First Read: 01-Apr-25
1
2
3
4
5 W1VJ39E-1 03/31/2025 THR (L)THR 2025-675
Page 1
First Read: 01-Apr-25
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Baldwin
County, to provide for the continuation of the existing
levy of a two mill ad valorem tax for public hospital
purposes in election precincts 1, 2, 4, 5, 6, 7, 11,
12, 13, 14, 15, 16, 17, 18, 19, 21, 26, 27, and 45 in
the county as the precincts existed on January 1, 2025.
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to the Constitution of Alabama
of 2022, relating to Baldwin County, to provide for the
continuation of the existing levy of a two mill ad valorem tax
for public hospital purposes in certain election precincts in
the county.
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) The special district tax now levied and collected
for public hospital purposes pursuant to Section 2-10.41,
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 HB486 INTRODUCED
Page 2
for public hospital purposes pursuant to Section 2-10.41,
Constitution of Alabama of 2022, in election precincts one
through seven of Baldwin County, as the precincts existed on
July 27, 1965, shall be continued, as provided in subsection
(b), upon approval of this amendment and by simultaneous
approval of a majority of the qualified electors in election
precincts 1, 2, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18,
19, 21, 26, 27, and 45 of Baldwin County as the precincts
existed on January 1, 2025, voting thereon in the
constitutional election ratifying this proposed amendment.
(b) Upon ratification, the Baldwin County Commission
shall continue to levy and cause to be collected annually,
beginning October 1, 2027, for a period of 20 years, in
addition to any taxes now authorized or that may be hereafter
authorized by the constitution and laws of this state, a
special district tax of two mills on each one dollar ($1)
assessed valuation of taxable property in election precincts
1, 2, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 26,
27, and 45 of Baldwin County, Alabama as the precincts existed
on January 1, 2025, to be used exclusively for public hospital
purposes, as defined in Section 215.03, within these election
precincts.
(c) The Baldwin County Commission, in anticipation of
tax proceeds, may issue, without further election, interest
bearing tax anticipation bonds, warrants, or certificates of
indebtedness of the county payable solely from and secured by
a pledge of a sufficient amount of the annual proceeds from
the tax received by the county.
(d) The Baldwin County Commission may designate, as the
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 HB486 INTRODUCED
Page 3
(d) The Baldwin County Commission may designate, as the
agency of the county, any public corporation heretofore or
hereafter organized for hospital purposes in the county, to
construct, acquire, equip, operate, and maintain public
hospital facilities for election precincts 1, 2, 4, 5, 6, 7,
11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 26, 27, and 45 of
Baldwin County, Alabama, as the precincts existed on January
1, 2025. When a public corporation has been designated, the
proceeds of the tax thereafter collected shall be paid to it
and shall be used for any one or more public hospital purpose;
provided, that payments of the proceeds of the tax to the
public corporation shall be made only to the extent as will
not result in the impairment of the obligation of any contract
made with respect to the tax. The public corporation may
anticipate the proceeds from the tax by issuing, for any one
or more of the purposes for which the tax has been voted, the
bonds, warrants, or certificates of indebtedness of the
corporation, and may pledge for the payment of the principal
thereof and interest thereon a sufficient amount of the annual
proceeds from the tax.
(e)(1) No securities issued or contracts made by
Baldwin County under the authority of this amendment, which
are payable solely out of the proceeds of the tax, and no
securities issued or contracts made by the corporation,
whether or not issued or made under the authority of this
amendment, shall be contrued to be bonds of Baldwin County or
of a political subdivision of the county within the meaning of
Section 222, or construed to create or constitute an
indebtedness of the county within the meaning of Section 224.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB486 INTRODUCED
Page 4
indebtedness of the county within the meaning of Section 224.
(2) The securities shall be construed to be negotiable
instruments notwithstanding the fact that the bonds may be
payable solely from a limited source.
(f) All pledges of the tax and all contracts made with
respect to the tax pursuant to this amendment shall take
precedence in the order in which the pledges are made and
shall create a charge on the proceeds of the tax prior to the
expenses of operating and maintaining any public hospital
facilities.
(g) This amendment shall be self-executing.
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 PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, 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:
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB486 INTRODUCED
Page 5
constitutional amendment:
"Relating to Baldwin County, proposing an amendment to
the Constitution of Alabama of 2022, to provide for the
continuation of the existing levy of a two mill ad valorem tax
for public hospital purposes in election precincts one, two,
four, five, six, seven, eleven, twelve, thirteen, fourteen,
fifteen, sixteen, seventeen, eighteen, nineteen, twenty-one,
twenty-six, twenty-seven, and forty-five in the county.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
113
114
115
116
117
118
119
120
121
122
123
124
125
126