HB302 Alabama 2012 Session

Summary

Primary Sponsor

Demetrius C. Newton

Democrat

Session

Regular Session 2012

Title

Counties, optional home rule powers re economic development, public safety and health, taxation, and land regulation and use, const. amend.

Summary

HB302 would let Alabama counties opt into limited home-rule powers in economic development, public safety and health, taxation, and land use, but only if local voters approve in a referendum.

What This Bill Does

If passed, counties could be authorized to exercise optional supplemental powers in three sets defined by the Legislature. The powers take effect on October 1 after a favorable county referendum. Counties can add or repeal powers later using the same process. Set 1 covers economic development and public services in unincorporated areas; Set 2 allows certain county taxes with public hearings and referendum approval (within constitutional limits and without affecting pre-existing taxes); Set 3 allows land-use regulation in unincorporated areas with zoning, subject to state general laws and a 2016 deadline for a uniform law, and requiring referendums to start, with planning commissions drawn from unincorporated residents.

Who It Affects

• Counties and their voters in counties that choose to adopt these powers would decide, via referendum, whether to grant the optional powers.
• Residents, property taxpayers, businesses, and developers in the unincorporated areas of those counties would be affected by new public services, tax authorities, and land-use rules.

Key Provisions

• Proposes a constitutional amendment to allow optional supplemental county powers if approved by a majority of county voters in a referendum.
• Powers are organized into Set 1 (economic development and unincorporated public health/safety), Set 2 (county taxation), Set 3 (unincorporated land use regulation and zoning).
• Referendum requirements: adoption requires a county governing body vote or a petition with at least 20% of electors; referendums must occur with a general election and powers take effect October 1 after the election.
• Set 1 allows counties to lend credit and provide public health/safety services in unincorporated areas and to enact necessary laws to carry out these functions.
• Set 2 allows counties to levy various taxes (property, business licenses, sales/use, income, and other authorized taxes) after public hearings and referendum approval; tax increases must follow constitutional limits and not affect taxes in place at ratification.
• Set 3 allows counties to regulate land use and zoning in unincorporated areas, subject to general state laws; if no uniform county zoning law is enacted by Oct 1, 2016, counties must follow applicable state laws; local regulation requires a referendum to begin in the affected area; planning commissions must consist of residents from the unincorporated areas.
• Any previously authorized powers can be repealed with powers reverting to the county’s other powers; contracts entered while powers were active remain protected.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments