Alabama 2023 Regular Session Status: Enacted 1 R cosponsors

HB 98 — Relating to Elmore County; to levy a lodging tax and room fee and provide for the collection of the tax and the distribution of the proceeds from the tax; to provide and confirm that this act is intended to be retroactive and curative; to provide that the levying and collecting of the taxes authorized by this act be approved and confirmed as of August 1, 2020; to provide that the collection of taxes pursuant to Act 2020-178 is ratified and confirmed; to provide that to the extent any amount of taxes authorized by this act was paid by a person prior to the effective date of this act, such amount shall be deemed to be legally levied and paid and shall be deemed to be a credit against the amount of taxes levied pursuant to this act; and to repeal Sections 45-26-246 through 45-26-246.04 and 45-26-246.06, and Section 45-26-246.05, Code of Alabama 1975, as last amended by Act 2022-49, which authorized the levy of a lodging tax in Elmore County.

Last action — Enacted as 2023-87

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 07, 2023. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

This bill establishes a lodging tax and room fee in Elmore County and confirms its retroactive application.

The bill allows Elmore County to levy a lodging tax and room fee, confirming that these taxes can be retroactively applied from August 1, 2020. It also ratifies previous tax collections and repeals certain prior lodging tax provisions.

What this means for you
  • Consumers: Visitors to Elmore County should be aware that a new lodging tax and room fee may affect the cost of their stay.
  • Small Business: For businesses in the hospitality industry, this means a framework for collecting lodging tax that is now confirmed and retroactive.

Summary

Elmore County; lodging tax and room fee levied

Bill Text

What changed in the latest version

234 added · 202 removed

Plain-language change summary

The amendment to Bill HB 98 confirms that a lodging tax in Elmore County is retroactive to August 1, 2020, and recognizes any taxes paid before this act as legally valid. This change ensures that any taxes previously collected will count as credits against future taxes owed under the new law. This clarification is important because it safeguards the funds collected and helps avoid confusion for those who paid the tax prior to the act's formal approval.

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HB98 INTRODUCED DQD6HT-1 By Representatives Stubbs, Ingram, Starnes (N & P) RFD:
HB98 ENROLLED DQD6HT-2 By Representatives Stubbs, Ingram, Starnes (N & P) RFD:
07-Mar-23 Page 0 DQD6HT-1 03/07/2023 PMG (L) ma 2023-776 2 4 A BILL TO BE ENTITLED AN ACT 9 Relating to Elmore County;
07-Mar-23 Page 0 HB98 Enrolled Enrolled, An Act, 3 Relating to Elmore County;
(a) In Elmore County, in addition to all other taxes imposed by law, there is levied a privilege or Page 1 HB98 INTRODUCED license tax in the amount prescribed in this section against every person within the county engaging in the business of renting or furnishing a room or rooms, lodging, or accommodations to any transient in any place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration.
(a) In Elmore County, in addition to all other taxes imposed by law, there is levied a privilege or license tax in the amount prescribed in this section against every person within the county engaging in the business of renting or furnishing a room or rooms, lodging, or accommodations to any transient in any place in which rooms, lodgings, or accommodations are regularly furnished to Page 1 HB98 Enrolled transients for a consideration.
(2) In any municipality where the municipality levies both a lodging tax and a cooperative district assessment for lodging, the lodging tax and the cooperative district assessment fee on lodging at any lodging establishment shall be added together and the total tax and fees on lodging at the establishments shall not exceed the 15.5 percent considering Page 2 HB98 INTRODUCED the combined lodging tax and cooperative district assessment fee that was in effect as of January 1, 2020.
(2) In any municipality where the municipality levies both a lodging tax and a cooperative district assessment for lodging, the lodging tax and the cooperative district assessment fee on lodging at any lodging establishment shall be added together and the total tax and fees on lodging at the establishments shall not exceed the 15.5 percent considering the combined lodging tax and cooperative district assessment fee that was in effect as of January 1, 2020.
(3) In the event that a lodging tax and a cooperative district assessment fee on lodging is required to be added together, the county shall receive a minimum of two percent of the lodging tax levied by this act prior to distribution to a municipality as provided in this act.
(3) In the event that a lodging tax and a cooperative district assessment fee on lodging is required to be added together, the county shall receive a minimum of two percent of Page 2 HB98 Enrolled the lodging tax levied by this act prior to distribution to a municipality as provided in this act.
Page 3 HB98 INTRODUCED (b) Notwithstanding the provisions of this section, the tax shall not apply to the rental of living accommodations which are intended primarily for rental to persons as their principal or permanent place of residence.
(b) Notwithstanding the provisions of this section, the tax shall not apply to the rental of living accommodations which are intended primarily for rental to persons as their principal or permanent place of residence.
Section 3.(a) The tax levied by this act, except as otherwise provided, shall be due and payable to Elmore County on or before the 20th day of the month next succeeding the month in which the tax accrues.
Section 3.(a) The tax levied by this act, except as Page 3 HB98 Enrolled otherwise provided, shall be due and payable to Elmore County on or before the 20th day of the month next succeeding the month in which the tax accrues.
On or before the 20th day of each month, every person on whom the tax is levied by this act shall render to the county on a form prescribed by the 95 department a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month together with other information as the county requires.
On or before the 20th day of each month, every person on whom the tax is levied by this act shall render to the county on a form prescribed by the department a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month together with other information as the county requires.
At the time of making the monthly report, the taxpayer shall compute and pay to the county the amount of tax shown due.
At the time of making the monthly report, the taxpayer shall compute and pay to the county the amount of tax 95 shown due.
The Page 4 HB98 INTRODUCED records shall be kept and preserved for a period of two years and shall be open for examination at all times by the county or by a duly authorized agent, deputy, or employee of the county.
The records shall be kept and preserved for a period of two years and shall be open for examination at all times by the county or by a duly authorized agent, deputy, or employee of the county.
(c) A person who fails to pay the tax levied by this act within the time required by this section shall pay, in addition to the tax, a penalty of 10 percent of the amount of tax due together with interest from the date on which the tax became due and payable at the rate due and payable on the state lodging tax.
(c) A person who fails to pay the tax levied by this Page 4 HB98 Enrolled act within the time required by this section shall pay, in addition to the tax, a penalty of 10 percent of the amount of tax due together with interest from the date on which the tax became due and payable at the rate due and payable on the state lodging tax.
(b) The county shall have and exercise the same powers, duties, and obligations with respect to the district taxes levied as imposed on the Commissioner of the Department of Page 5 HB98 INTRODUCED Revenue and the department, respectively, by the state lodging tax statutes.
(b) The county shall have and exercise the same powers, duties, and obligations with respect to the district taxes levied as imposed on the Commissioner of the Department of Revenue and the department, respectively, by the state lodging tax statutes.
Section 5.
Page 5 HB98 Enrolled Section 5.
Except as provided in subsection (b), if Elmore County and any municipality fail to agree on the use of the funds by the municipality, that portion shall revert to the Lodging Fund for appropriation by the county for economic development Page 6 HB98 INTRODUCED purposes.
Except as provided in subsection (b), if Elmore County and any municipality fail to agree on the use of the funds by the municipality, that portion shall revert to the Lodging Fund for appropriation by the county for economic development purposes.
(b) Notwithstanding subsection (a), the portion to be distributed to the City of Prattville of the 33 percent of the net proceeds described in subsection (a) shall be remitted to the City of Prattville by the Elmore County Commission for economic development purposes no later than March 31, 2022.
Page 6 HB98 Enrolled (b) Notwithstanding subsection (a), the portion to be distributed to the City of Prattville of the 33 percent of the net proceeds described in subsection (a) shall be remitted to the City of Prattville by the Elmore County Commission for economic development purposes no later than March 31, 2022.
Page 7
Page 7 HB98 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 11-Apr-23.
John Treadwell Clerk Senate 18-Apr-23 Passed Page 8
View plain text versions (3)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a new lodging tax in Elmore County and repeals previous provisions allowing for a lodging tax, while confirming the retroactive application of tax collections that occurred under prior authorization.

  • Sections 45-26-246 through 45-26-246.04 and 45-26-246.06, and Section 45-26-246.05, Code of Alabama 1975

    Sections 45-26-246 through 45-26-246.04 and 45-26-246.06, and Section 45-26-246.05, Code of Alabama 1975, as last amended by Act 2022-49, which authorized the levy of a lodging tax in Elmore County.

    This change repeals the previous authorization for a lodging tax in Elmore County.

  • There is levied a privilege or license tax in the amount prescribed in this section against every person within the county engaging in the business of renting or furnishing a room or rooms, lodging, or accommodations to any transient in any place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration.

    This establishes a new lodging tax specifically for Elmore County.

  • The tax shall be equal to a percent of the charge for the rooms, lodgings, or accommodations... so that the total lodging tax... is equal to 15.5 percent.

    This sets the new lodging tax rate to 15.5 percent, based on previous municipal rates.

  • In addition, there is levied, in all areas of the county other than within the corporate limits of the City of Prattville, an additional room fee... in order to equalize the room fee in Elmore County with the rate in effect... in the corporate limits of the City of Prattville.

    This adds an additional room fee to align rates with those in Prattville.

  • The intent of the Legislature that this act be construed as retroactive and curative,... to the extent that any amount of taxes authorized by this act was paid... prior to the effective date of this act... shall be deemed to be legally levied and paid.

    This confirms the retroactive application of the tax, validating prior payments collected under earlier statutes.

Action History

  1. Enrolled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 139 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 31 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
R 24001
D 5003
Unaffiliated 1000
Total 30004
% of votes cast 88%0%0%12%
How each member voted (34)

Official roll call →

Passed 8 Yea · 0 Nay · 97 Other
Party YeaNayPresentNot Voting
Unaffiliated 0005
R 80063
D 00026
Total 80094
% of votes cast 8%0%0%92%
How each member voted (102)
Member Party Vote
Wood (D) — Not Voting
Corey Harbison — Not Voting
Cynthia Almond — Not Voting
John W. Rogers — Not Voting
Randall Shedd — Not Voting
Adline Clarke D Not Voting
Anthony Daniels D Not Voting
Artis 'A.J.' McCampbell D Not Voting
Barbara Boyd D Not Voting
Barbara Drummond D Not Voting
Berry Forte D Not Voting
Chris England D Not Voting
Curtis Travis D Not Voting
Jeremy Gray D Not Voting
Juandalynn Givan D Not Voting
Kelvin Lawrence D Not Voting
Kenyatté Hassell D Not Voting
Laura Hall D Not Voting
M. Moore D Not Voting
Napoleon Bracy D Not Voting
Neil Rafferty D Not Voting
Ontario Tillman D Not Voting
Patrice McClammy D Not Voting
Patrick Sellers D Not Voting
Pebblin W. Warren D Not Voting
Phillip Ensler D Not Voting
Prince Chestnut D Not Voting
Rolanda Hollis D Not Voting
Sam Jones D Not Voting
TaShina Morris D Not Voting
Thomas Jackson D Not Voting
Alan Baker R Not Voting
Allen Treadaway R Not Voting
Andy Whitt R Not Voting
Arnold Mooney R Not Voting
Ben Harrison R Not Voting
Ben Robbins R Not Voting
Bill Lamb R Not Voting
Bob Fincher R Not Voting
Brett Easterbrook R Not Voting
Chad Robertson R Not Voting
Chip Brown R Not Voting
Chris Blackshear R Yea
Chris Pringle R Not Voting
Chris Sells R Not Voting
Corley Ellis R Not Voting
Craig Lipscomb R Not Voting
Danny Crawford R Not Voting
Danny Garrett R Not Voting
David Faulkner R Not Voting
David Standridge R Not Voting
Donna Givens R Not Voting
Ed Oliver R Not Voting
Ernie Yarbrough R Not Voting
Frances Holk-Jones R Not Voting
Ginny Shaver R Not Voting
Ivan Smith R Yea
James Lomax R Not Voting
Jamie Kiel R Not Voting
Jeff Sorrells R Not Voting
Jennifer Fidler R Not Voting
Jerry Starnes R Yea
Jim Carns R Not Voting
Jim Hill R Not Voting
Joe Lovvorn R Not Voting
Kenneth Paschal R Not Voting
Kerry (Bubba) Underwood R Not Voting
Leigh Hulsey R Not Voting
Mack Butler R Not Voting
Marcus Paramore R Yea
Margie Wilcox R Not Voting
Mark Gidley R Not Voting
Mark Shirey R Not Voting
Matt Simpson R Not Voting
Matt Woods R Not Voting
Matthew Hammett R Not Voting
Mike Kirkland R Not Voting
Mike Shaw R Not Voting
Nathaniel Ledbetter R Not Voting
Parker Moore R Not Voting
Paul W. Lee R Yea
Phillip Pettus R Not Voting
Phillip Rigsby R Not Voting
Randy Wood R Not Voting
Reed Ingram R Yea
Rex Reynolds R Not Voting
Rhett Marques R Not Voting
Rick Rehm R Not Voting
Ritchie Whorton R Not Voting
Ron Bolton R Not Voting
Russell Bedsole R Not Voting
Scott Stadthagen R Not Voting
Shane Stringer R Not Voting
Steve Clouse R Yea
Steve Hurst R Not Voting
Susan DuBose R Not Voting
Terri Collins R Not Voting
Tim Wadsworth R Not Voting
Tracy Estes R Not Voting
Troy Stubbs R Yea
Wes Kitchens R Not Voting
William Brock Colvin R Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 98 do?
Elmore County; lodging tax and room fee levied
Who sponsors HB 98?
HB 98 is sponsored by Troy Stubbs (R).
What is the current status of HB 98?
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Where can I track HB 98?
Track HB 98 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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