SB 243

Under existing law, tax collectors are required to make final settlement annually with the Comptroller of all matters pertaining to the office of tax collector regarding all monies received by him for the sale of lands and other property sold for payment of taxes

This bill would require all tax collectors, elected assistant tax collectors, revenue commissioners, license commissioners, and other officials charged with collecting ad valorem taxes on motor vehicle tags to make final settlement with the Comptroller annually

Relating to final settlements and payments by collectors; to amend Section 40-5-44, Code of Alabama 1975, to require all tax collectors, elected assistant tax collectors, revenue commissioners, license commissioners, and other officials charged with collecting ad valorem taxes on motor vehicle tags to make final settlement with the Comptroller annually.

Section 1

Sections 40-5-44, Code of Alabama 1975, is amended to read as follows:

§40-5-44.

(a) On or before July 1 in each year, the tax collector must make final settlement, under oath, with the Comptroller, of all matters pertaining to the office of tax collector and pay over to the State Treasurer the balance which may be found due from him for taxes with which he is chargeable under the laws of the state, and at that time he must also account to the Comptroller and pay over to the proper governmental authorities and any holder of a tax lien certificate issued pursuant to Acts 1995, No. 95-408 all money received by him for the sale of lands and other property which may have been sold for payment of taxes and also account to the Comptroller for all lands bought by the state. He must also report under oath to the Comptroller and pay over to the State Treasurer all escaped taxes assessed and collected by him. For failure of any tax collector to make any of the settlements herein required to be made by July 10 of each year, he shall forfeit ten dollars ($10) per day, which shall be deducted from the amount of commissions due and payable to him on such settlements respectively; and it shall be the duty of the Comptroller, or the county treasurer, or the custodian of the county funds, as the case may be, to withhold all commissions in cases where settlements are not made by July 10 of each year.

(b)(1) On or before November 1 in each year, all tax collectors, elected assistant tax collectors, revenue commissioners, license commissioners, and probate judges charged with collecting ad valorem taxes on motor vehicle tags shall make final settlement, under oath, with the Comptroller annually of all matters pertaining to the respective office's collection of ad valorem taxes on motor vehicle tags. (2) Failure of any official to make the settlement required by this subsection by November 10 of each year shall forfeit ten dollars ($10) per day which shall be deducted from the amount of commission due and payable to him on the settlement respectively. It shall be the duty of the Comptroller, or the county treasurer, or the custodian of the county funds, as the case may be, to withhold all commissions in cases where settlements are not made by December 10 of each year. (3) Final determinations shall be made in accordance with rules and regulations promulgated by the state Comptroller regarding the format of the final settlement, the time frame to be covered by the final settlement and the date when final settlement will be made with the State Comptroller's Office and approved by the Chief Examiner of Public Accounts."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.