Alabama 2025 Regular Session

Alabama House Bill HB590 Compare Versions

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33 HB590
44 FKKUI5C-1
55 By Representative Wadsworth (N & P)
66 RFD: Local Legislation
77 First Read: 17-Apr-25
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1212 5 FKKUI5C-1 04/16/2025 OW (L)cr 2025-1100
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1414 First Read: 17-Apr-25
1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to Winston County; to levy a lodging tax; and
1919 to provide for the collection of the tax and the distribution
2020 of the proceeds from the tax.
2121 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2222 Section 1. (a) There is levied and imposed, in addition
2323 to all other taxes of every kind now imposed by law, a
2424 privilege or license tax upon every person, firm, or
2525 corporation engaging in the business of renting or furnishing
2626 any room or rooms, lodging, or accommodations to a transient
2727 in any hotel, motel, inn, tourist camp, tourist cabin, or any
2828 other place in which rooms, lodgings, or accommodations are
2929 regularly furnished to transients for a consideration. The
3030 amount of the tax shall be equal to 8 percent of the charge
3131 for the rooms, lodgings, or accommodations, including the
3232 charge for use or rental of personal property and services
3333 furnished in the room.
3434 (b) There is exempted from the tax levied under this
3535 act any rentals or services taxed under Article 1, Chapter 23
3636 of Title 40, Code of Alabama 1975.
3737 Section 2. (a) The tax levied by this act shall be in
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6767 Section 2. (a) The tax levied by this act shall be in
6868 the same manner as the state lodgings tax as provided in
6969 Chapter 26 of Title 40, Code of Alabama 1975, and subject to
7070 the same exemptions as the state lodging tax as provided in
7171 Chapter 26 of Title 40, Code of Alabama 1975. Nonprofit
7272 organizations qualifying as tax exempt under 26 U.S.C. ยง
7373 501(c)(3) shall also be exempt from the tax levied by this
7474 act. The tax herein levied shall constitute a debt due the
7575 county.
7676 (b) The tax, together with any interest and penalties,
7777 shall constitute and be secured by a lien upon the property of
7878 any person from whom the tax is due or who is required to
7979 collect the tax.
8080 (c) The county shall receive the tax, is authorized to
8181 enforce this act, and shall have and exercise all rights and
8282 remedies otherwise currently applicable or which may be
8383 provided for in the future for the collection of the state
8484 lodging tax by the Department of Revenue. The tax shall
8585 initially be collected by the Department of Revenue or
8686 thereafter by the county or such other agent as the county may
8787 appoint from time to time.
8888 Section 3. The proceeds from the tax collected pursuant
8989 to this act shall be distributed as follows:
9090 (1) Fifty-five percent to road and bridge improvements
9191 in the county. Of that amount, 75 percent shall be distributed
9292 to District 1 of the county, and 25 percent shall be
9393 distributed to District 2 of the county.
9494 (2) Twenty percent to the sheriff for law enforcement
9595 purposes in the county.
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125125 purposes in the county.
126126 (3) Nineteen percent to those volunteer fire
127127 departments with coverage area and a station physically
128128 located in the county, distributed equally among those fire
129129 departments in existence as of the date of distributions as
130130 certified by the Winston County Firefighters Association. The
131131 distributions to volunteer fire departments shall be made
132132 biannually each April and October.
133133 (4) One percent to those volunteer fire departments
134134 with coverage area and no station physically located in the
135135 county, distributed equally among those fire departments in
136136 existence as of the date of distributions as certified by the
137137 Winston County Firefighters Association.
138138 (5) Five percent to the Winston County General Fund.
139139 Section 4. This act shall become operative only if
140140 approved by a majority of the qualified electors of Winston
141141 County who vote in an election to be held on the day
142142 designated by the Judge of Probate of Winston County, at a
143143 referendum held pursuant to Section 67-1.00 to the
144144 Constitution of Alabama of 2022. The notice of the election
145145 shall be given by the judge of probate, and the election shall
146146 be held, conducted, and the results canvassed in the manner as
147147 other county elections. The election shall be held in
148148 conjunction with the next regularly scheduled state or local
149149 election to be held in the county. The question shall be, "Do
150150 you favor the adoption of Act ___, of the ______ Session of
151151 the Alabama Legislature? Yes ( ) No ( )." The county shall pay
152152 any costs and expenses not otherwise reimbursed by a
153153 governmental agency which are incidental to the election. If a
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183183 governmental agency which are incidental to the election. If a
184184 majority of the votes cast in the election are "Yes," this act
185185 shall become effective immediately. If the majority of the
186186 votes are "No," this act shall be repealed and shall have no
187187 further effect. The judge of probate shall certify the results
188188 of the election to the Secretary of State.
189189 Section 5. This act shall become effective on October
190190 1, 2025.
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