§ 45-48-245 — Levy of Tax for Public School Purposes

Alabama § 45-48-245

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 48: Marshall County
• Art. 24: Taxation
• Part 6: Tax, Sales, & Use

Text

(a) In order to provide funds for the benefit of the public schools in Marshall County, the Marshall County Commission is hereby authorized to levy and to provide for the assessment and collection of any sales and use taxes generally paralleling the state sales and use taxes in Marshall County or in any portion thereof as hereinafter provided, which tax or taxes shall be in addition to any and all other county taxes heretofore or hereafter authorized by law in Marshall County. There shall be excluded from the levy of any such tax, any sales or use which shall take place in any incorporated municipality in Marshall County in which the general administration and supervision of public schools shall be vested in a city board of education. Such governing body, in its discretion, may submit the question of levying any such tax to a vote of the qualified electors in any portion of Marshall County in which any such tax is proposed to be levied, and if such governing body submits the question to the voters, then the governing body shall also provide for holding and canvassing the returns of the election and for giving notice thereof. The referendum shall be an advisory referendum only. All the proceeds from any tax levied pursuant to this section, less the costs of collection thereof, shall be used solely for general public school purposes in that portion of Marshall County in which the tax shall be levied and collected. Notwithstanding anything to the contrary herein, the governing body of Marshall County shall not levy any tax hereunder measured by gross receipts, except a sales or use tax which generally parallels, except for the rate of tax, that imposed by the state under applicable law. The rate of the tax shall not exceed one percent.
(b) There are exempted and excluded from this section the same exemptions and exclusions applicable to the state sales and use taxes.
(c) The proceeds from the taxes provided for herein shall be collected by the State Department of Revenue. The proceeds, less any costs of collection, shall be deposited without delay into the State Treasury to the credit of the County of Marshall to be properly distributed by the county as provided for herein. The amount deducted from the proceeds by the Department of Revenue for the cost of collection shall be an amount equivalent to five percent of the revenue collected hereunder.
(d) The State Department of Revenue shall have the same authority to enforce this section that it has to enforce the state sales and use tax law.

Legislative History

(Act 87-537, p. 820, §§ 1-4.)