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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2012 Alabama Legislative Regular Session
  5. 2012 Alabama House Bills
  6. HB364 Alabama 2012 Session

HB364 Alabama 2012 Session

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Signed by Governor

Bill Summary

Sponsors
  • Elwyn Thomas
  • Steve McMillan
Session
Regular Session 2012
Title
Severance tax on sand, gravel, etc., Revenue Department to provide county commissions with information regarding levy, collection, and distribution, audits authorized, civil penalties, counties authorized to collect, Secs. 40-13-51, 40-13-53, 40-13-54, 40-13-55, 40-13-56, 40-13-57, 40-13-58 am'd
Description

Under existing law, a severance tax is levied on certain purchasers of severed material such as sand, gravel, and limestone. The tax is collected by the operator of the mine or quarry, paid to the Department of Revenue, and distributed to the county in which the material is severed

Under existing law, a county is not specifically entitled to any taxpayer reports or information related to which operators pay the tax to the department and the amount of taxes paid

Additionally, counties have no authority to request audits of mine or quarry operators to determine whether taxes are being properly paid

This bill would require the Department of Revenue to provide the county commission of a county with certain tax records and information related to severance tax collections and payments from operators in the county and would require the information to be treated as confidential by the county commission

This bill would authorize the county to request that the department conduct audits of certain operators subject to the severance tax and would provide for the county to pay the costs of the audit in the event the audit results in a finding that all taxes have been properly paid. The bill would also require interest and penalties on unpaid delinquent taxes and would provide for civil penalties

To amend Sections 40-13-53, 40-13-55, 40-13-56, 40-13-57, 40-13-58, and 40-13-61, Code of Alabama 1975, relating to the severance tax on certain materials; to require the Department of Revenue to provide the county commission of a county with certain tax records and information related to severance tax collections and payments from operators in the county and to require the information to be treated as confidential by the county commission; to authorize the county commission to request that the department conduct audits of certain operators subject to the severance tax and to provide for the county commission to pay the costs of the audit in the event the audit results in a finding that all taxes have been properly paid; and to require interest and penalties to be imposed on delinquent taxes and to provide for civil penalties.

Subjects
Taxation

Bill Actions

Action DateChamberAction
May 3, 2012Delivered to Governor at 6:02 p. m. on May 3, 2012.
May 3, 2012Assigned Act No. 2012-318.
May 3, 2012Clerk of the House Certification
May 3, 2012Signature Requested
May 3, 2012Enrolled
May 3, 2012Passed Second House
May 3, 2012Motion to Read a Third Time and Pass adopted Roll Call 1079
May 3, 2012Third Reading Passed
May 1, 2012Read for the second time and placed on the calendar
April 26, 2012Read for the first time and referred to the Senate committee on Commerce, Transportation, and Utilities
April 26, 2012Engrossed
April 26, 2012Motion to Read a Third Time and Pass adopted Roll Call 1042
April 26, 2012Motion to Adopt adopted Roll Call 1041
April 26, 2012McMillan Amendment Offered
April 26, 2012Motion to Adopt adopted Roll Call 1040
April 26, 2012McMillan first Substitute Offered
April 26, 2012McMillan motion to Table adopted Roll Call 1039
April 26, 2012County and Municipal Government first Substitute Offered
April 26, 2012Third Reading Passed
March 8, 2012Read for the second time and placed on the calendar with 1 substitute and
February 21, 2012Read for the first time and referred to the House of Representatives committee on County and Municipal Government

Bill Text

Download HB364 Alabama 2012 Session PDF

Bill Votes

Motion to Read a Third Time and Pass
2012-05-04
Chamber: Senate
Result: Passed
Motion to Read a Third Time and Pass
2012-04-29
Chamber: House
Result: Passed
Motion to Adopt
2012-04-29
Chamber: House
Result: Passed
Motion to Adopt
2012-04-29
Chamber: House
Result: Passed
McMillan motion to Table
2012-04-29
Chamber: House
Result: Passed

Bill Documents

TypeLink
Bill Text HB364 Alabama 2012 Session - Enrolled
Bill Text HB364 Alabama 2012 Session - Engrossed
Bill Text HB364 Alabama 2012 Session - Introduced
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