Alabama 2022 Regular Session

Alabama House Bill HB110 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB110
2	2	2 209386-3
3	3	3 By Representative Sorrells (Constitutional Amendment)
4	4	4 RFD: County and Municipal Government
5	5	5 First Read: 11-JAN-22
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7	7	Page 0 1 209386-3:n:11/02/2021:FC/ma LSA2021-161R2
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14	14	8 SYNOPSIS: This bill would propose an amendment to the
15	15	9 Constitution of Alabama of 1901, to amend
16	16	10 Constitutional Amendment No. 429 and Constitutional
17	17	11 Amendment No. 759, applicable to economic
18	18	12 development in several named counties, including
19	19	13 Geneva County, to delete Geneva County from the
20	20	14 amendments, and would provide a savings clause for
21	21	15 any actions of Geneva County prior to the
22	22	16 ratification of this amendment. Amendment No. 772
23	23	17 of the Constitution of Alabama of 1901, now
24	24	18 appearing as Section 94.01 of the Recompiled
25	25	19 Constitution of Alabama of 1901, as amended, a
26	26	20 statewide constitutional amendment relating to
27	27	21 economic development, would continue to apply to
28	28	22 Geneva County.
29	29	23
30	30	24 A BILL
31	31	25 TO BE ENTITLED
32	32	26 AN ACT
33	33	27
34	34	Page 1 1 To propose an amendment to the Constitution of
35	35	2 Alabama of 1901, to amend Constitutional Amendment No. 429 and
36	36	3 Constitutional Amendment No. 759, applicable to economic
37	37	4 development in several named counties, including Geneva
38	38	5 County, to delete Geneva County from the amendments, and to
39	39	6 provide a savings clause for any actions of Geneva County
40	40	7 prior to the ratification of this amendment.
41	41	8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
42	42	9 Section 1. The following amendment to the
43	43	10 Constitution of Alabama of 1901, is proposed and shall become
44	44	11 valid as a part of the Constitution when all requirements of
45	45	12 this act are fulfilled:
46	46	13 PROPOSED AMENDMENT
47	47	14 Section 1. Constitutional Amendment No. 429 and
48	48	15 Constitutional Amendment No. 759 of the Constitution of
49	49	16 Alabama of 1901, are amended to read as follows:
50	50	17 "Amendment No. 429
51	51	18 "For the promotion of local economic and industrial
52	52	19 development, the governing body of Bullock, Coffee, Coosa,
53	53	20 Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon,
54	54	21 Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and
55	55	22 Tuscaloosa counties and of each municipality situated in said
56	56	23 counties, other provisions of law or this Constitution
57	57	24 notwithstanding, shall each have, independently or in
58	58	25 cooperation with one or more of such governmental entities in
59	59	26 such counties, full and continuing power (a) to purchase,
60	60	27 lease or otherwise acquire, land, or to utilize land
61	61	Page 2 1 heretofore purchased or otherwise acquired, and to improve and
62	62	2 develop such land for use as industrial site, or industrial
63	63	3 park, projects, including, but not limited to, grading and the
64	64	4 construction of roads, drainage, sewers, sewage and waste
65	65	5 disposal systems, parking areas and utilities to serve said
66	66	6 projects, and (b) to lease, sell, grant, exchange, or
67	67	7 otherwise convey, on terms approved by the governing body of
68	68	8 the county, or of municipality exercising such power, all, or
69	69	9 any part of, any such project to any person, firm or
70	70	10 corporation, public or private, including to any industrial
71	71	11 development board or authority heretofore or hereafter created
72	72	12 by any such county or municipality therein, for the purpose of
73	73	13 the constructing, or developing thereon, by such purchaser or
74	74	14 lessees, and the equipping and operating of, industrial,
75	75	15 transportation, distribution, warehouse or research
76	76	16 facilities, and of office and other facilities auxiliary to
77	77	17 the foregoing. Nothing herein shall authorize the counties
78	78	18 named, or any municipality there, to construct residential or
79	79	19 any other buildings for the purpose of lease or sale.
80	80	20 "In carrying out the purposes of this amendment,
81	81	21 neither the governing bodies of the counties named
82	82	22 hereinabove, nor of any municipality situated in said counties
83	83	23 to which this amendment is or becomes applicable, shall be
84	84	24 subject to the provisions of sections Sections 93 or 94 of the
85	85	25 Constitution of Alabama, as amended. The provisions of this
86	86	26 amendment shall be self-executing and the powers granted
87	87	27 hereby may be exercised as alternative to, or cumulative with,
88	88	Page 3 1 and in no way restrictive of, powers otherwise granted by law
89	89	2 to the governing body of such counties, or of any municipality
90	90	3 therein, or to any agency, board, or authority created or
91	91	4 approved thereby pursuant to this Constitution or the laws of
92	92	5 this state.
93	93	6 "The names and addresses of all parties involved in
94	94	7 conveyances of land herein provided, and the amount of any
95	95	8 monies paid or received, shall be published in the newspaper
96	96	9 in the county with the largest circulation.
97	97	10 "This amendment shall not be construed to grant any
98	98	11 power of eminent domain in addition to that which may be
99	99	12 provided otherwise by statute heretofore or hereafter enacted
100	100	13 by the legislature Legislature of Alabama; nor shall this
101	101	14 amendment be construed to affect the annexation statutes
102	102	15 heretofore or hereafter enacted by said legislature.
103	103	16 "Furthermore, no county or municipality shall sell
104	104	17 any real property acquired under the authority hereof for a
105	105	18 price less than its actual purchase and development cost of
106	106	19 such property, unless:
107	107	20 "(a) The price be approved at a public meeting of
108	108	21 the governing body of such county or municipality; and
109	109	22 "(b) At least fourteen (14) days prior to such
110	110	23 public meeting at which such price is approved by such
111	111	24 governing body, it has published notice in the newspaper with
112	112	25 the largest circulation in the county in which the property is
113	113	26 located stating (1) the acreage proposed to be sold, (2) the
114	114	27 section or sections or subdivisions of record in which the
115	115	Page 4 1 property is located, (3) the price per acre at which sale is
116	116	2 proposed to be made, and (4) the place where a map of the
117	117	3 property can be examined by the public; and
118	118	4 "(c) The price thus approved is no less than the
119	119	5 price advertised as aforesaid; provided, however, that should
120	120	6 any real property be acquired for any purpose authorized by
121	121	7 this amendment by eminent domain pursuant to other legislative
122	122	8 authority as aforesaid, such property shall not be sold, in
123	123	9 any event, for less than the price determined and paid
124	124	10 pursuant to the orders of the court in such condemnation
125	125	11 proceedings. Provided further, that no municipality shall
126	126	12 acquire real property in unincorporated areas without a prior
127	127	13 consent thereto as expressed in a resolution by the county
128	128	14 governing body. Provided further, that no county or
129	129	15 municipality shall acquire real property which is located in
130	130	16 another county or municipality without such other county's or
131	131	17 municipality's prior consent thereto as expressed in a
132	132	18 resolution by its governing body. Nothing in the provisions of
133	133	19 this constitutional amendment shall be construed to allow
134	134	20 construction of dormitories or other type housing on or off
135	135	21 university or college campuses.
136	136	22 "Amendment No. 759
137	137	23 "For the promotion of local economic and industrial
138	138	24 development, the governing body of Baldwin, Bullock, Coffee,
139	139	25 Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence,
140	140	26 Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby,
141	141	27 and Tuscaloosa counties and of each municipality situated in
142	142	Page 5 1 said counties, other provisions of law or this Constitution
143	143	2 notwithstanding, shall each have, independently or in
144	144	3 cooperation with one or more of such governmental entities in
145	145	4 such counties, full and continuing power (a) to purchase,
146	146	5 lease or otherwise acquire, land, or to utilize land
147	147	6 heretofore purchased or otherwise acquired, and to improve and
148	148	7 develop such land for use as industrial site, or industrial
149	149	8 park, projects, including, but not limited to, grading and the
150	150	9 construction of roads, drainage, sewers, sewage and waste
151	151	10 disposal systems, parking areas and utilities to serve said
152	152	11 projects, and (b) to lease, sell, grant, exchange, or
153	153	12 otherwise convey, on terms approved by the governing body of
154	154	13 the county, or of municipality exercising such power, all, or
155	155	14 any part of, any such project to any person, firm or
156	156	15 corporation, public or private, including to any industrial
157	157	16 development board or authority heretofore or hereafter created
158	158	17 by any such county or municipality therein, for the purpose of
159	159	18 the constructing, or developing thereon, by such purchaser or
160	160	19 lessees, and the equipping and operating of, industrial,
161	161	20 transportation, distribution, warehouse or research
162	162	21 facilities, and of office and other facilities auxiliary to
163	163	22 the foregoing. Nothing herein shall authorize the counties
164	164	23 named, or any municipality there, to construct residential or
165	165	24 any other buildings for the purpose of lease or sale.
166	166	25 "In carrying out the purposes of this amendment,
167	167	26 neither the governing bodies of the counties named
168	168	27 hereinabove, nor of any municipality situated in said counties
169	169	Page 6 1 to which this amendment is or becomes applicable, shall be
170	170	2 subject to the provisions of sections 93 or 94 of the
171	171	3 Constitution of Alabama, as amended. The provisions of this
172	172	4 amendment shall be self-executing and the powers granted
173	173	5 hereby may be exercised as alternative to, or cumulative with,
174	174	6 and in no way restrictive of, powers otherwise granted by law
175	175	7 to the governing body of such counties, or of any municipality
176	176	8 therein, or to any agency, board, or authority created or
177	177	9 approved thereby pursuant to this Constitution or the laws of
178	178	10 this state.
179	179	11 "The names and addresses of all parties involved in
180	180	12 conveyances of land herein provided, and the amount of any
181	181	13 monies paid or received, shall be published in the newspaper
182	182	14 in the county with the largest circulation.
183	183	15 "This amendment shall not be construed to grant any
184	184	16 power of eminent domain in addition to that which may be
185	185	17 provided otherwise by statute heretofore or hereafter enacted
186	186	18 by the legislature of Alabama; nor shall this amendment be
187	187	19 construed to affect the annexation statutes heretofore or
188	188	20 hereafter enacted by said legislature.
189	189	21 "Furthermore, no county or municipality shall sell
190	190	22 any real property acquired under the authority hereof for a
191	191	23 price less than its actual purchase and development cost of
192	192	24 such property, unless:
193	193	25 "(a) The price be approved at a public meeting of
194	194	26 the governing body of such county or municipality; and
195	195	Page 7 1 "(b) At least fourteen (14) days prior to such
196	196	2 public meeting at which such price is approved by such
197	197	3 governing body, it has published notice in the newspaper with
198	198	4 the largest circulation in the county in which the property is
199	199	5 located stating (1) the acreage proposed to be sold, (2) the
200	200	6 section or sections or subdivisions of record in which the
201	201	7 property is located, (3) the price per acre at which sale is
202	202	8 proposed to be made, and (4) the place where a map of the
203	203	9 property can be examined by the public; and
204	204	10 "(c) The price thus approved is no less than the
205	205	11 price advertised as aforesaid; provided, however, that should
206	206	12 any real property be acquired for any purpose authorized by
207	207	13 this amendment by eminent domain pursuant to other legislative
208	208	14 authority as aforesaid, such property shall not be sold, in
209	209	15 any event, for less than the price determined and paid
210	210	16 pursuant to the orders of the court in such condemnation
211	211	17 proceedings. Provided further, that no municipality shall
212	212	18 acquire real property in unincorporated areas without a prior
213	213	19 consent thereto as expressed in a resolution by the county
214	214	20 governing body. Provided further, that no county or
215	215	21 municipality shall acquire real property which is located in
216	216	22 another county or municipality without such other county's or
217	217	23 municipality's prior consent thereto as expressed in a
218	218	24 resolution by its governing body. Nothing in the provisions of
219	219	25 this constitutional amendment shall be construed to allow
220	220	26 construction of dormitories or other type housing on or off
221	221	27 university or college campuses."
222	222	Page 8 1 Section 2. This amendment shall not affect any
223	223	2 actions taken by Geneva County under Amendment No. 429 or
224	224	3 Amendment No. 759 of the Constitution of Alabama of 1901,
225	225	4 prior to the ratification of this amendment.
226	226	5 END OF PROPOSED AMENDMENT
227	227	6 Section 2. An election upon the proposed amendment
228	228	7 shall be held at the general election in 2022, in accordance
229	229	8 with Section 284.01 of the Constitution of Alabama of 1901,
230	230	9 now appearing as Section 284.01 of the Official Recompilation
231	231	10 of the Constitution of Alabama of 1901, as amended, and the
232	232	11 election laws of this state.
233	233	12 Section 3. The appropriate election official shall
234	234	13 assign a ballot number for the proposed constitutional
235	235	14 amendment on the election ballot and shall set forth the
236	236	15 following description of the substance or subject matter of
237	237	16 the proposed constitutional amendment:
238	238	17 "Relating to Geneva County, proposing an amendment
239	239	18 to the Constitution of Alabama of 1901, to amend
240	240	19 Constitutional Amendment No. 429 and Constitutional Amendment
241	241	20 No. 759, applicable to economic development in several named
242	242	21 counties, including Geneva County, to delete Geneva County
243	243	22 from the amendments, and to provide a savings clause for any
244	244	23 actions of Geneva County prior to the ratification of this
245	245	24 amendment.
246	246	25 "Proposed by Act _________"
247	247	26 This description shall be followed by the following
248	248	27 language:
249	249	Page 9 1 "Yes ( ) No ( )."
250	250	Page 10