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Section 40-28-1
Section 40-28-1Definitions.
The following words, terms and phrases, where used in this chapter, shall have the following respective meanings, except where the context clearly indicates a different meaning:
(1) T.V.A. The Tennessee Valley Authority.
(2) A.B.C. The Alcoholic Beverage Control Board.
(3) A.B.C. PAYMENTS. Any moneys which are distributed by law to the several local governments from the taxes and/or profits of the Alcoholic Beverage Control Board.
(4) BOOK VALUE. The value that T.V.A. carries on its books for its property.
(5) INDUSTRIAL POWER SALES. That power which is sold by T.V.A. directly to individual concerns as reported and determined by T.V.A.
(6) IN-LIEU-OF-TAXES PAYMENTS. Those payments made directly to the state of Alabama and not to local governments or distributors under federal statute (16 USC, §831) by T.V.A. which are in lieu of all taxes to all levels of government in Alabama.
(7) PROPERTY. The property of T.V.A. allocated to or associated with the power program of T.V.A. as reported by T.V.A.
(8) SERVED or T.V.A.-SERVED. Provided power that is produced by T.V.A. and sold through municipal or cooperative distributors or T.V.A. as reported by T.V.A.
(9) WET. The local governments in areas which permit the sale of alcoholic beverages.
(10) DRY. The local governments in areas which prohibit the sale of alcoholic beverages.
(Acts 1979, No. 79-786, p. 1425, §1.)Section 40-28-2
Section 40-28-2Distribution of in-lieu-of-taxes payments by T.V.A. to counties served by T.V.A. and to dry counties and municipalities therein not served by T.V.A.
(a) Beginning in the fiscal year ending September 30, 1980, the State of Alabama will annually transfer to the counties in Alabama served by T.V.A. a portion of the in-lieu-of-taxes payments made by T.V.A. to the State of Alabama. Such transfer of funds shall be according to the following schedule:
| For the Fiscal Year: | Percentage of In-Lieu-of-Taxes |
|---|
| | Payments Transferred to | | | T.V.A.-Served Counties by the State | | | Shall Be: | | 1979-80 | 20% | | 1980-81 | 30% | | 1981-82 | 40% | | 1982-83 | 50% | | 1983-84 | 60% | | 1984-85 | 70% | | 1985-86 | | and each fiscal year thereafter | 75% |
(b) In addition to the distribution provided for in subsection (a) of this section, the state shall distribute each fiscal year five percent of the in-lieu-of-taxes payments to the dry counties and municipalities therein which are not served by T.V.A. Said five percent shall be distributed on the same proportionate basis that each such county received in fiscal year 1978-79 from A.B.C. payments as compared to the total A.B.C. payments received by all dry counties not served by T.V.A. during the same fiscal year. The distribution of such in-lieu-of-taxes payments between each dry non-T.V.A.-served county and the municipalities located therein shall be made pro rata on the basis of A.B.C. payments received by each such jurisdiction in the fiscal year 1979 to the total A.B.C. payments to the county and all municipalities in such county in the fiscal year 1979. Such distribution to the municipalities will be administered by the county governing body.
(c) Any T.V.A.-served dry county which is eligible to receive funds under the provisions of Section 40-28-3 shall receive from that portion of the in-lieu-of-taxes payments not less than that amount which said county received in A.B.C. payments in the fiscal year 1978-79.
(Acts 1978, 2nd Ex. Sess., No. 92, p. 1786, §1; Acts 1979, No. 79-306, p. 458; Acts 1979, No. 79-786, p. 1425, §2.)Section 40-28-3
Section 40-28-3Counties to share payments with municipalities served by T.V.A.; basis for allocation of payments to counties served by T.V.A.
(a) Distribution of the in-lieu-of-taxes payments of T.V.A. by the state to the served counties shall be made to the governing bodies of served counties. Any county receiving a share of said payments that has within its boundaries a municipality or part thereof that is served in whole or in part by T.V.A. shall share in the county's payments with said municipality receiving the same amount as the ratio of T.V.A.-served population of the municipality bears to the T.V.A.-served population of the entire county. However, the Legislature may, by general or local laws, prescribe other distribution within such counties to local governments and/or public agencies therein.
(b) The in-lieu-of-taxes payments distributed each year to the served counties shall be as follows:
(1) Eighty percent of the amount of such distribution to the served counties shall be distributed among the counties in the same proportion that the amount of T.V.A. power sales revenue generated in that county less industrial power sales bears to the total amount of T.V.A. power sales revenue generated in all counties less industrial power sales in all served counties.
(2) Ten percent of the amount of such distribution to the served counties shall be distributed among the counties in the same proportion that the book value amount of the T.V.A.'s property in each county bears to the total book value of all T.V.A.'s property in all counties served by the T.V.A.
(3) Ten percent of the amount of such percentage of payments shall be distributed among the counties in the same proportion that the T.V.A.'s industrial power sales in each county bears to the total amount of T.V.A.'s industrial power sales in all served counties of the state.
(Acts 1978, 2nd Ex. Sess., No. 92, p. 1786, §2; Acts 1979, No. 79-786, p. 1425, §3.)Section 40-28-4
Section 40-28-4When payments to be made to counties by state; manner of making payments.
Payments by the state to the counties pursuant to this chapter will be made within 30 days after the state Department of Revenue receives each payment from T.V.A., and such payments shall be made by warrants drawn by the Comptroller upon said T.V.A. funds in the State Treasury and in such amounts as certified by the Department of Revenue.
(Acts 1978, 2nd Ex. Sess., No. 92, p. 1786, §3; Acts 1979, No. 79-786, p. 1425, §4.)
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