SB249INTRODUCED
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SB249
ZQGPFKR-1
By Senators Allen, Orr, Melson
RFD: County and Municipal Government
First Read: 18-Mar-25
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5 ZQGPFKR-1 03/13/2025 THR (L)ma 2025-795
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First Read: 18-Mar-25
SYNOPSIS:
Under existing law, a municipality may enact an
ordinance or resolution to levy a new tax or license
fee or to increase the rate of any existing tax or
license fee when the tax or license fee is otherwise
authorized by law.
This bill would provide that a municipality may
only levy a new tax or license fee, or increase the
rate of a tax or license fee, by ordinance.
This bill would provide that the ordinance may
not be considered for adoption until after a public
hearing, and would require at least 30 days' notice
before the public hearing.
This bill would also provide for the
requirements of the notice.
A BILL
TO BE ENTITLED
AN ACT
Relating to municipalities; to amend Section 11-45-2,
Code of Alabama 1975, to further provide for the procedure
regarding certain taxes and fees; and to require notice in
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regarding certain taxes and fees; and to require notice in
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-45-2, Code of Alabama 1975, is
amended to read as follows:
"ยง11-45-2
(a) The style of an ordinance of a city or town shall
be, "Be it ordained by the city (or town) council of _______
as follows:" inserting the name of the city or town as the
case may be.
(b)(1) No ordinance or resolution intended to be of
permanent operation shall be adopted by the council at the
same meeting at which it is introduced, unless unanimous
consent of those present is given for the immediate
consideration of such the ordinance or resolution, such with
consent to be shown by a vote taken by yeas and nays, and the
names of the members voting shall be entered upon the
minutes,.
(2)and no No ordinance or resolution intended to be of
permanent operation shall become a law unless on its final
passage a majority of the members elected to said the council
in cities of over 12,000 inhabitants shall vote in its favor.
(3) In all towns and in cities of less than 12,000
population, an affirmative vote of a majority of the whole
number of members of the council to which the corporation is
entitled, including the mayor, shall be required to enact any
ordinance or resolution intended to be of permanent operation.
(c)(1)a. Notwithstanding subsection (b), any action of
a council to adopt a new tax or license fee, or to increase
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a council to adopt a new tax or license fee, or to increase
the rate of a tax or license fee, shall be subject to this
subdivision.
b. After the ordinance is introduced at a council
meeting, a public hearing shall be held by the council after
not less than 30 days' notice of the public hearing is given.
c. The notice shall state all of the following:
1. The substance of the proposed ordinance.
2. The amount of any proposed new tax or license fee,
or the amount of the increase in any tax or license fee.
3. The date, time, and place of the public hearing.
4. That a copy of the proposed ordinance may be
obtained from the office of the municipal clerk.
d. The notice shall be published in a newspaper of
general circulation published in the municipality or otherwise
in the same manner as the publication of an ordinance is
provided for in Section 11-45-8(b).
e. A representative of the municipality shall post a
copy of the proposed ordinance on the website of the
municipality, if the municipality has a website, and on the
Secretary of State's open meetings website.
f. After the public hearing, the proposed ordinance may
be considered by the council at a regular council meeting.
(c) The council shall award no contract on bids except
by resolution."
Section 2. This act shall become effective on October
1, 2025.
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