Code of Alabama

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45-33-243.01
Section 45-33-243.01 Levy of tax. There is hereby levied, in addition to all other taxes imposed
by law, an excise and privilege tax on every person severing pit run sand, clay, sand-gravel,
clay-gravel, sand-clay, and gravel within Hale County. The tax shall be paid to the Department
of Revenue at the rate of up to five cents ($0.05) per ton or six and one-half cents ($0.065)
per cubic yard by every producer who severs pit run sand, clay, sand-gravel, clay-gravel,
sand-clay, and gravel within Hale County. (Act 91-609, p. 1145, §2.)...
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45-33-243
Section 45-33-243 Definitions. When used in this part, unless the context plainly indicates
otherwise, the following words and phrases shall have the meanings respectively ascribed to
them by this section: (1) DEPARTMENT. The State Department of Revenue. (2) PERSON. Any individual,
firm, partnership, corporation, association, or any combination thereof. (3) PRODUCER. Any
person engaging in the business of severing pit run sand, clay, sand-gravel, clay-gravel,
sand-clay, and gravel from the soil within Hale County. (4) PURCHASER. Any person acquiring
title, outright or conditionally, to any interest in severed pit run sand, clay, sand-gravel,
clay-gravel, sand-clay, and gravel. (5) SEVERING. Cutting, mining, stripping, or otherwise
taking or removing from the soil within Hale County. (6) TON. A short ton of 2,000 pounds.
(7) TRANSPORTER. Any person transporting pit run sand, clay, sand-gravel, clay-gravel, sand-clay,
and gravel from the place where it is severed or from any other place...
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45-33-243.03
Section 45-33-243.03 Purchaser and transporter reports. Purchaser and transporters of pit run
sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel severed in Hale County shall file
a report with the Department of Revenue, on forms prescribed by the department, within 20
days after the end of each calendar month in which such purchaser or transporter purchased
or transported pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel severed
in Hale County. The report shall state the names and addresses of all producers in Hale County
from whom such purchaser or transporter has received pit run sand, clay, sand-gravel, clay-gravel,
sand-clay, and gravel during such calendar month; the total quantity of pit run sand, clay,
sand-gravel, clay-gravel, sand-clay, and gravel so acquired; and, in the case of a transporter,
to whom and where each ton of pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and
gravel was delivered; and such other information as the...
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45-26-245.01
Section 45-26-245.01 Severance tax levied. There is hereby levied, in addition to all other
taxes imposed by law, an excise and privilege tax on every person severing clay, sand, and
gravel within Elmore County. The tax shall be paid to the Department of Revenue at the rate
of one cent ($.01) per ton by every producer who severs clay, sand, and gravel within Elmore
County. (Acts 1978, No. 843, p. 1262, §2; Act 82-665, 1st Sp. Sess., p. 82, §2.)...
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45-44-245
Section 45-44-245 Definitions; levy of tax; permit; fees. (a) When used in this section, the
following terms shall have the following meanings: (1) PERSON. Any individual, firm, partnership,
corporation, association, or combination who, for a fee, severs clay, sand, or gravel within
Macon County. (2) PRODUCER. Any person engaging in the business of severing clay, sand, or
gravel for a fee from the soil within Macon County. (3) SEVERING. Cutting, mining, stripping,
or otherwise taking or removing clay, sand, or gravel from the soil within Macon County for
a fee. (b) In Macon County, the Macon County Commission may levy an additional severance fee
of seven cents ($.07) per ton on gravel or nine cents ($.09) per cubic yard, or two cents
($.02) per ton on sand and clay or three cents ($.03) per cubic yard, whichever is applicable,
on the severance of clay, sand, or gravel. These fees are levied and collected based upon
tons or yards sold. Each producer shall collect the fee from the...
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40-13-53
Section 40-13-53 Applicability. (a) The term severed material, as defined in subdivision (9)
of Section 40-13-51 shall not include lime or limestone used for agricultural purposes or
for pollution control or abatement purposes, nor rock dust used for settling coal dust in
underground mines or similar uses, nor any natural minerals used for the purpose of producing
portland cement, nor processed sand used in the foundry cores, mold, and linings, nor clay
that produces lightweight aggregate, severed materials that are further processed into a finished
aggregate or limestone product without being transported on a public road, marble and marble
by-products, iron ore, quartzite, coal, oil, and natural gas and the severance of marble and
marble by-products, iron ore, quartzite, coal, oil, and natural gas shall not be subject to
the provisions of this article. (b) The tax levied by this article shall apply to all severed
material severed from the ground within this state and sold as tangible...
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45-19-244
Section 45-19-244 Definitions. When used in this part, the following words and phrases shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) EARTHEN
MATERIALS. Materials covered in this part which include sand, clay, silt, loam, dirt, gravel,
rock, sand-gravel, clay-gravel, sand-clay, or any combination thereof, but does not include
graphite. (3) PERSON. Any individual, firm, partnership, corporation, association, or any
combination thereof. (4) PRODUCER. Any person engaging in the business of severing sand, clay,
silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination
thereof from the soil within Coosa County. (5) PURCHASER. Any person acquiring title, outright
or conditionally, to any interest in sand, clay, silt, loam, dirt, gravel, rock, sand-gravel,
clay-gravel, sand-clay, graphite, or any combination thereof. (6) SEVERING. Mining, stripping,
or otherwise taking or removing sand, clay, silt, loam, dirt,...
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45-26-245
Section 45-26-245 Definitions. When used in this subpart, unless the context plainly indicates
otherwise, the following words and phrases shall have the meanings respectively ascribed to
them by this section: (1) DEPARTMENT. The State Department of Revenue. (2) PERSON. Any individual,
firm, partnership, corporation, association, or any combination thereof. (3) PRODUCER. Any
person engaging in the business of severing clay, sand, and gravel from the soil within Elmore
County. (4) PURCHASER. Any person acquiring title, outright or conditionally, to any interest
in severed clay, sand, and gravel. (5) SEVERING. Cutting, mining, stripping, or otherwise
taking or removing from the soil within Elmore County. (6) TON. A short ton of 2,000 pounds.
(7) TRANSPORTER. Any person transporting clay, sand, and gravel from the place where it is
severed or from any other place to any other place, within or without Elmore County. (Acts
1978, No. 843, p. 1262, §1; Act 82-665, 1st Sp. Sess., p. 82, §1.)...
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45-26-245.06
Section 45-26-245.06 Disposition of funds. The Elmore County Treasurer shall deposit the net
proceeds of the clay, sand, and gravel tax collected hereunder during the preceding month
to the account of the Elmore County General Fund. (Acts 1978, No. 843, p. 1262, §6; Act 82-665,
1st Sp. Sess., p. 82, §7.)...
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40-13-51
Section 40-13-51 Definitions. As used in this article, the following terms shall have the following
meanings: (1) BORROW PIT. An area from which soil or other unconsolidated materials are removed
to be used, without further processing, for highway or road construction and maintenance.
(2) COMMISSIONER. The Commissioner of Revenue of the Alabama Department of Revenue. (3) DEPARTMENT.
The Alabama Department of Revenue. (4) OPERATOR. Any person engaged in mining or quarrying
operations in the state, whether individually, jointly, or through a parent, subsidiary, or
affiliated company, or by agent, employee, or contractor. (5) PERSON. Any individual or individuals,
partnership, limited partnership, corporation, limited liability company, limited liability
partnership, business trust, or any other association of persons. (6) POLLUTION CONTROL OR
ABATEMENT. As defined in Section 40-23-4(a)(16) and shall include, but shall not be limited
to, severed materials used in the treating, modifying,...
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