HB 362

Sponsor
Session
Regular Session 2018
Title
Forever Wild Land Trust, ad valorem tax revenue lost on property acquired, reimbursement payments from trust to all entities previously receiving tax revenue, const. amend.
Description

Under existing law, property that has been acquired by the Forever Wild Land Trust is not subject to ad valorem taxation

This bill proposes a constitutional amendment that would require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust, which monies shall be paid to the county tax official in each county where the property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out. The amount of reimbursement would be the amount as if the property was taxed at current use value of the property as forest property with good productivity. The bill would also provide that if funding for the Forever Wild Land Trust is not continued after September 30, 2032, the Forever Wild Land Stewardship Account would receive up to $1,000,000 from the Alabama Trust Fund annually

Proposing an amendment to the Constitution of Alabama of 1901, to require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost for the previous tax year as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust; to provide that reimbursed monies shall be paid to the county tax official in each county where the property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out; and to provide additional funds to the Alabama Forever Wild Land Stewardship Fund if funding for the Forever Wild Land Trust is not continued.

Subjects
Constitutional Amendments
View Original PDF: HB 362 - Introduced - PDF

Under existing law, property that has been acquired by the Forever Wild Land Trust is not subject to ad valorem taxation

This bill proposes a constitutional amendment that would require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust, which monies shall be paid to the county tax official in each county where the property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out. The amount of reimbursement would be the amount as if the property was taxed at current use value of the property as forest property with good productivity. The bill would also provide that if funding for the Forever Wild Land Trust is not continued after September 30, 2032, the Forever Wild Land Stewardship Account would receive up to $1,000,000 from the Alabama Trust Fund annually

Proposing an amendment to the Constitution of Alabama of 1901, to require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost for the previous tax year as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust; to provide that reimbursed monies shall be paid to the county tax official in each county where the property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out; and to provide additional funds to the Alabama Forever Wild Land Stewardship Fund if funding for the Forever Wild Land Trust is not continued.

Section 1

The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT (a) This amendment applies to each county of the state unless the county commission elects not to participate. A county may elect not to participate through a vote by the county commission on or before August 1 preceding the tax year for which reimbursement would be due under subsection (b). The county commission shall provide notice of the election to the Board of Trustees of the Forever Wild Land Trust on or before October 1 of the year in which the election is made. (b) Beginning with the ad valorem tax year commencing after ratification of this amendment and continuing each year thereafter, in each year following a fiscal year in which the Forever Wild Land Trust received at least ten million dollars ($10,000,000) pursuant to Amendment 860, the Forever Wild Land Trust shall reimburse the amount of ad valorem tax revenue lost for that tax year as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust. Payment shall be made from monies received pursuant to Amendment 860 of the Constitution of Alabama of 1901 or otherwise. The amount due to be paid each year shall be determined by the county tax official in each county where the property has been acquired by the Forever Wild Land Trust and shall be in an amount equal to the amount of ad valorem tax revenue lost in the affected county for the current ad valorem tax year only on property in the county that has been acquired by the Forever Wild Land Trust. This provision applies to property acquired by the Alabama Forever Wild Land Trust prior to or after ratification of this amendment but shall not require payment of any taxes lost before the ad valorem tax year commencing after ratification of this amendment. (c) The amount to be reimbursed each year shall be the amount of ad valorem tax that would have been assessed for the current use value of the property as forest property with good productivity if the property had not been acquired by the Forever Wild Land Trust. The county tax official in a county where property has been acquired by the Forever Wild Land Trust shall determine and report in writing the amount of ad valorem taxes that would have been assessed on the property on October 1 of the reporting year if the property had not been acquired by the Forever Wild Land Trust. The county tax official shall submit the written report to the Board of Trustees of the Forever Wild Land Trust on or before October of each year setting out the amount to be reimbursed to the county by the board. (d) The monies paid from the Forever Wild Land Trust for lost ad valorem tax as a result of the acquisition of property previously subject to ad valorem tax shall be a first priority payment made by the Forever Wild Land Trust each applicable year. The payments shall be distributed to the county tax official in each county where payment is due on or before December 31 of that year. The county tax official shall distribute monies paid as lost ad valorem tax pursuant to this amendment in the same manner as other ad valorem tax proceeds are distributed pursuant to this constitution or the general laws of the state. (e) If a constitutional amendment is not ratified to continue funding of Forever Wild past September 30, 2032, the Forever Wild Land Stewardship Account shall receive annually one percent of the total of 33 percent of the oil and gas capital payments paid into the Alabama Trust Fund for the fiscal year ending one year prior to the beginning of the fiscal year for which the distribution is being made and five percent of the average market value of invested assets of the Alabama Trust Fund at the end of three fiscal years ending one, two, and three years prior to the beginning for which the distribution is being made, not to exceed one million dollars ($1,000,000). (f) Notwithstanding Amendment 543 to the Constitution of Alabama of 1901, the proceeds from the sale of any timber on property acquired by the Forever Wild Land Trust shall be deposited into the Forever Wild Land Stewardship Account, unless the prior owner has retained timber rights. (g) The Legislature shall have the right and power to enact laws supplemental hereto and in furtherance of the purposes and objectives hereof, provided that such laws are not inconsistent with the provisions of this amendment, Amendment 543, or Amendment 860 of the Constitution of Alabama of 1901.

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

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:

Proposing an amendment to the Constitution of Alabama of 1901, to require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust, which monies shall be paid to the county tax official in each county wherein property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out, and to provide additional funds to the Alabama Forever Wild Stewardship Fund if funding for Forever Wild is not continued beyond fiscal year 2032.

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."

No articles found.
Action Date Chamber Action
March 1, 2018HLost in house of origin
March 1, 2018HMotion to Read a Third Time and Pass lost Roll Call 588
March 1, 2018HMotion to Adopt adopted Roll Call 587
March 1, 2018HTuggle Amendment #2 Offered
March 1, 2018HRogers motion to reconsider adopted Roll Call
March 1, 2018HRogers motion to Suspend Rules adopted Roll Call 585
March 1, 2018HRogers notice in writing filed
February 27, 2018HMotion to Read a Third Time and Pass lost Roll Call 497
February 27, 2018HMotion to Adopt adopted Roll Call 496
February 27, 2018HTuggle Amendment #1 Offered
February 27, 2018HMotion to Adopt adopted Roll Call 495
February 27, 2018HState Government first Substitute Offered
February 27, 2018HThird Reading Passed
February 8, 2018HRead for the second time and placed on the calendar with 1 substitute and
February 1, 2018HRead for the first time and referred to the House of Representatives committee on State Government
2018-03-06
Chamber: Senate
Result: Passed
2018-03-01
Chamber: House
Result: Passed
2018-03-01
Chamber: House
Result: Passed
2018-03-01
Chamber: House
Result: Passed
2018-03-01
Chamber: House
Result: Passed
2018-02-27
Chamber: House
Result: Passed
2018-02-27
Chamber: House
Result: Passed
2018-02-27
Chamber: House
Result: Passed