Issuing of Warrants in Anticipation of Gasoline Taxes.

Ala. Code tit. 11, tit. 1, ch. 11

in effect

Ala. Code § 11-11-1 Definitions.

11-11-1. Definitions. Where used in this chapter, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (1) COUNTY. Each county subject to the provisions of this chapter. (2) COUNTY’S SHARE OF THE HIGHWAY GASOLINE TAX. With respect to each county, that portion of the highway gasoline tax required by law to be distributed to that county. (3) FISCAL YEAR. The 12-month period commencing on October 1 of one year and ending on September 30 of the next ensuing year. (4) HIGHWAY GASOLINE TAX. a. The excise tax levied under Section 40-17-31, exclusive of those portions of the said tax in respect of aviation fuel and marine gasoline, as those terms are used in the said Section 40-17-31, and b. The excise tax levied by Sections 40-17-140 through 40-17-155, exclusive of that portion of the said tax in respect of diesel fuel. (5) OUTSTANDING WARRANTS. With respect to each county and as of any particular time: a. Warrants then unpaid which were theretofore issued by that county under the provisions of this chapter or b. Warrants then unpaid which were theretofore issued by that county under the provisions of any other law of the state in effect at the time of the issuance thereof and which are payable solely out of all or any part of the county’s share of the highway gasoline tax. (6) REFUNDING WARRANTS. Warrants that may be issued under the provisions of Section 11-11-6. (7) STATE. The State of Alabama. (Acts 1967, No. 220, p. 585, §2.)

Ala. Code § 11-11-2 Counties to Which Chapter Applicable.

11-11-2. Counties to Which Chapter Applicable. The provisions of this chapter shall apply only to each county in this state during each fiscal year of the county next succeeding a fiscal year during which the county collected as much as or more than $40,000.00 from the special ad valorem tax at a rate not exceeding one fourth of one percent which is authorized to be levied by the county under the provisions of Section 215 of the Constitution of Alabama of 1901 for the payment of any debt or liability created after the adoption of the said Constitution for the erection of necessary public buildings, bridges or roads. (Acts 1967, No. 220, p. 585, §1.)

Ala. Code § 11-11-3 Authority for Issuance; Form, Terms, Denominations, Retirement, Etc.; Security for Payment of Principal and Interest on Warrants Generally.

11-11-3. Authority for Issuance; Form, Terms, Denominations, Retirement, Etc.; Security for Payment of Principal and Interest on Warrants Generally. The county commission of each such county, in addition to all other powers which it may now have, is hereby empowered from time to time to authorize, sell and issue interest-bearing warrants of the county in anticipation of and payable solely out of that portion of the highway gasoline tax required by law to be distributed to that county. The said warrants may be in such denomination or denominations, may have such maturity or maturities not exceeding 20 years from their date, may bear interest at such rate or rates and payable at such times, may be made payable at such place or places whether within or without this state and may be sold at such time or times and in such manner, whether publicly or privately, all as the county commission of the county shall determine most advisable by resolution duly adopted at any lawful meeting of such county commission; provided, that the maturities of the said warrants shall be so arranged that the principal of and interest on the said warrants payable during any subsequent fiscal year of the county, when added to the principal and interest payable during each such subsequent fiscal year on all outstanding warrants of that county then outstanding, shall not exceed 50 percent of the amount of the highway gasoline tax that was distributed to that county during its fiscal year next preceding the fiscal year in which shall be issued the warrants authorized by this section to be issued; provided further, that if an irrevocable trust fund consisting of (1) cash, (2) direct general obligations of the United States of America, (3) bank certificates of deposit secured by not less than an equal face amount of direct general obligations of the said United States or (4) any combination of the foregoing items referred to in this proviso shall be established for retirement of all or any part of the principal of and interest on any outstanding warrants of that county, then to such extent as the retirement thereof shall be provided for by the said trust fund (including the cash therein and all sums due to be paid into the trust fund under the terms of any such United States obligations or of any such certificates of deposit), the said principal and interest shall for the purposes of this sentence be excluded from any computation of the amount of principal and interest maturing with respect to outstanding warrants. The general faith and credit of the county shall not be pledged to the payment of any warrants issued under this chapter, nor shall they be general obligations of the county, and for payment of the principal thereof and interest thereon the holder or holders thereof shall look solely to the county’s share of the highway gasoline tax. (Acts 1967, No. 220, p. 585, §3.)

Ala. Code § 11-11-4 Assignment and Pledge of Proceeds of Share of Highway Gasoline Tax for Payment of Principal and Interest.

11-11-4. Assignment and Pledge of Proceeds of Share of Highway Gasoline Tax for Payment of Principal and Interest. As security for the payment of the principal of and interest on warrants issued under the provisions of this chapter, the issuing county is authorized to assign and pledge for the benefit of the holders of the said warrants so much as may be necessary for such purpose (which may be all) of the proceeds of the county’s share of the highway gasoline tax. All such pledges shall take precedence in the order in which they are made. (Acts 1967, No. 220, p. 585, §4.)

Ala. Code § 11-11-5 Disposition of Proceeds from Sale of Warrants.

11-11-5. Disposition of Proceeds from Sale of Warrants. The proceeds derived from the sale of warrants issued under the provisions of this chapter, other than refunding warrants, shall be used for the construction, surfacing, resurfacing, grading and draining of roads, streets, bridges and causeways in the county issuing the same and for payment of the expenses incurred by the county in the authorization and issuance of the said warrants. (Acts 1967, No. 220, p. 585, §5.)

Ala. Code § 11-11-6 Issuance of Refunding Warrants.

11-11-6. Issuance of Refunding Warrants. Any such county may from time to time sell and issue refunding warrants for the purpose of refunding the principal of outstanding warrants of that county, the interest accrued to the date of the refunding on the outstanding warrants to be refunded and any premium necessary to redeem the outstanding warrants to be refunded, whether or not the principal of the outstanding warrants to be refunded shall have matured at the time of the issuance of the refunding warrants and regardless of whether the outstanding warrants to be refunded shall be subject to redemption by the county prior to maturity and regardless also of whether the outstanding warrants to be refunded, if subject to redemption prior to maturity at the option of the county, have been or are to be called for redemption; provided, that nothing contained in this chapter shall be construed to require the holders of any such outstanding warrants to surrender them for redemption prior to their maturity unless they are by their terms subject to redemption prior to maturity at the option of the county and unless they are duly called for redemption pursuant to their terms. (Acts 1967, No. 220, p. 585, §6.)

Ala. Code § 11-11-7 Warrants to Be Issued Under Chapter Only by Counties Subject Thereto; Issuance of Warrants by Counties Not Subject to Chapter.

11-11-7. Warrants to Be Issued Under Chapter Only by Counties Subject Thereto; Issuance of Warrants by Counties Not Subject to Chapter. No county shall, in any fiscal year during which it is within the classification of counties specified in Section 11-11-2, issue any warrants in anticipation of the county’s share of the highway gasoline tax except under the authority of and pursuant to the provisions of this chapter, and this chapter shall control the issuance of all such warrants by any county subject to its provisions, to the exclusion of any other law, whether general, special or local. The enactment of this chapter shall not be construed, however, to affect or in any manner limit the power of any county, while not within the classification of counties specified in Section 11-11-2 of this title, to issue warrants in anticipation of its share of the highway gasoline tax which such county may have under any other law. (Acts 1967, No. 220, p. 585, §7.)

Ala. Code § 11-11-8 Exemption from Usury and Interest Statutes.

11-11-8. Exemption from Usury and Interest Statutes. Any warrants issued by a county under the provisions of this chapter in anticipation of and payable solely out of that portion of the highway gasoline tax required by law to be distributed to counties which are subject to the provisions of this chapter are hereby exempted from the laws of the state of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8. (Acts 1975, No. 1130, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026