Alabama 2022 Regular Session

Alabama House Bill HB479 Compare Versions

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

Old	New	Differences
1	1	1 HB479
2	2	2 216701-1
3	3	3 By Representatives Greer, Pettus and Kiel (N & P)
4	4	4 RFD: Local Legislation
5	5	5 First Read: 09-MAR-22
6	6
7	7	Page 0 1 216701-1:n:01/26/2022:FC/ma LSA2022-400
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9	9	3
10	10	4
11	11	5
12	12	6
13	13	7
14	14	8
15	15	9 A BILL
16	16	10 TO BE ENTITLED
17	17	11 AN ACT
18	18	12
19	19	13 Relating to Colbert and Lauderdale Counties; to
20	20	14 amend Section 45-17-91.23, Code of Alabama 1975, as last
21	21	15 amended by Act 2021-278, 2021 Regular Session, relating to the
22	22	16 Shoals Economic Development Fund; to provide that a portion of
23	23	17 that fund may be distributed to the Lauderdale County
24	24	18 Commission for the construction of a Workforce Training and
25	25	19 Development Center.
26	26	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27	27	21 Section 1. Section 45-17-91.23, Code of Alabama
28	28	22 1975, as last amended by Act 2021-278, 2021 Regular Session,
29	29	23 is amended to read as follows:
30	30	24 "§45-17-91.23.
31	31	25 "(a) There is created the Shoals Economic
32	32	26 Development Fund, which shall be a special or trust fund or
33	33	Page 1 1 account of the committee, and which shall be administered in
34	34	2 accordance with this subpart.
35	35	3 "(b)(1) The authority, at any time and from time to
36	36	4 time, may request that the committee authorize and approve the
37	37	5 expenditure or appropriation of monies on deposit in the
38	38	6 Shoals Economic Development Fund, but solely for purposes
39	39	7 authorized in subsection (c). Any request may specify that the
40	40	8 monies shall be expended by, or appropriated directly or
41	41	9 indirectly to, any of the following:
42	42	10 "a. The authority itself.
43	43	11 "b. Either of the counties, or any city or town
44	44	12 located, in whole or in part, in either of the counties.
45	45	13 "c. Any public corporation that has been organized
46	46	14 with the approval or consent of any one or more of the
47	47	15 counties, the municipalities, or any other city or town in
48	48	16 either of the counties, and that operates for the purpose,
49	49	17 among others, of supporting the establishment and promotion of
50	50	18 business and industry or the development of trade and
51	51	19 commerce, including, without limiting the generality of the
52	52	20 foregoing, any county or municipal industrial development
53	53	21 board, industrial development authority, or port authority.
54	54	22 "(2) Every recipient shall be liable for any misuse
55	55	23 of the monies to the extent provided by the law or laws under
56	56	24 which it was created or organized, or as otherwise provided by
57	57	25 law. The authority, if and to the extent it is otherwise
58	58	26 authorized by law to do so, may expend any monies so
59	59	27 appropriated to it out of the Shoals Economic Development Fund
60	60	Page 2 1 without any further consent or other action on the part of the
61	61	2 committee.
62	62	3 "(c) Subject to succeeding provisions of this
63	63	4 subpart, including particularly, but without limitation, those
64	64	5 provisions hereof respecting the investment of monies held in
65	65	6 and forming a part of the Shoals Economic Development Fund,
66	66	7 and the management, use, and disposition of other properties,
67	67	8 whether real or personal, tangible or intangible, contributed
68	68	9 to the fund, all monies held in and forming a part of the
69	69	10 Shoals Economic Development Fund, whether the monies may be
70	70	11 characterized as either principal or income of the fund, may
71	71	12 be expended or appropriated, and all other properties
72	72	13 contributed to the fund may be used, only for the following
73	73	14 purposes:
74	74	15 "(1) To induce the location, within either of the
75	75	16 counties or any city or town therein, of: (i) new
76	76	17 manufacturing, industrial, and research enterprises; (ii) new
77	77	18 commercial enterprises for storing, warehousing, or
78	78	19 distributing any products of agriculture or industry,
79	79	20 including, without limitation, warehouse or distribution
80	80	21 centers owned or utilized by commercial or retail enterprises
81	81	22 existing in either of the counties or any city or town
82	82	23 therein; (iii) new enterprises for maintaining, repairing, or
83	83	24 restoring transportation and communications machinery and
84	84	25 equipment of any kind including, without limitation, motor
85	85	26 vehicles and vehicles for air or water transport of every
86	86	27 description; and (iv) new facilities suitable for use by any
87	87	Page 3 1 of the foregoing enterprises in providing, whether for
88	88	2 themselves or other such enterprises, the customers or
89	89	3 consumers of any such enterprise or enterprises, or the
90	90	4 general public, technical, electronic, telephonic,
91	91	5 telecommunications, and other similar services, including,
92	92	6 without limitation, so-called call centers, provided that
93	93	7 substantially all the employees of any such enterprise
94	94	8 employed at such new facility are engaged in providing such
95	95	9 services.
96	96	10 "(2) To foster activities and policies conducive to
97	97	11 expansion of existing industries within either of the counties
98	98	12 or any city or town therein.
99	99	13 "(3) To acquire and develop land within the
100	100	14 jurisdiction of either of the counties, or of any city or town
101	101	15 therein, for use as an industrial park or site by any
102	102	16 enterprise described in subdivision (1).
103	103	17 "(4) To construct buildings for lease or other
104	104	18 disposition to enterprises described in subdivision (1),
105	105	19 including, without limitation, buildings suitable for use as
106	106	20 administrative offices of any such enterprise.
107	107	21 "(5) To pay administrative and other costs or
108	108	22 expenses, other than expenses of members of the committee,
109	109	23 whether or not the expenses may be reimbursed pursuant to
110	110	24 Section 45-17-91.24 and otherwise to provide for the general
111	111	25 operations of the authority, provided that no more than 10
112	112	26 percent of the proceeds of the county sales and use taxes
113	113	27 deposited into the Shoals Economic Development Fund during
114	114	Page 4 1 each calendar year may be expended during the calendar year
115	115	2 for such purposes.
116	116	3 "(6) If and to the extent consistent with the
117	117	4 preceding provisions of this subsection, to assist the
118	118	5 authority in the execution of its powers, and the performance
119	119	6 of its duties and obligations, under and pursuant to any laws
120	120	7 at any time pertaining to the authority, including, without
121	121	8 limitation, Subpart 1 and Act 95-409, and any subsequent act
122	122	9 of the Legislature amending either or both thereof. Except to
123	123	10 the extent provided in the preceding provisions of this
124	124	11 subsection, none of the monies and other properties, if any,
125	125	12 on deposit in the Shoals Economic Development Fund may be used
126	126	13 to induce any commercial or retail establishment to locate
127	127	14 within either of the counties, any of the municipalities, or
128	128	15 any other city or town located, in whole or in part, in either
129	129	16 of the counties, or to construct any building for sale, lease,
130	130	17 or other conveyance to, or use by, a commercial or retail
131	131	18 establishment of any sort. Furthermore, nothing in this
132	132	19 subpart shall be construed to empower the committee to approve
133	133	20 the expenditure or appropriation of any such monies or other
134	134	21 properties in connection with the construction or operation of
135	135	22 any shopping center or similar facility, any hotel or
136	136	23 convention facility, any sports stadium or facility, any
137	137	24 amusement or entertainment park or facility, or any comparable
138	138	25 or similar commercial or retail facility.
139	139	26 "(7) To expend an equal match of up to distribute to
140	140	27 the Lauderdale County Commission the amount of five million
141	141	Page 5 1 dollars ($5,000,000), which shall be expended to construct a
142	142	2 Workforce Training and Development Center on property owned by
143	143	3 the Lauderdale County Commission. The site of the center will
144	144	4 be determined.
145	145	5 "(8) To expend an equal match of up to five million
146	146	6 dollars ($5,000,000), which shall be expended for workforce
147	147	7 training and economic development programs at the University
148	148	8 of North Alabama.
149	149	9 "(d) Any monies authorized, pursuant to this
150	150	10 subpart, to be expended by either the authority or any other
151	151	11 recipient, if not expended for the purpose or purposes
152	152	12 approved by the committee, shall be promptly returned to and
153	153	13 deposited into the Shoals Economic Development Fund.
154	154	14 "(e) It is the express intent of the Legislature
155	155	15 that all expenditures of monies at any time on deposit in the
156	156	16 Shoals Economic Development Fund be made to promote the
157	157	17 economic development of the residents of each of the counties
158	158	18 and every city or town therein, to create and provide for the
159	159	19 creation of non-retail job opportunities that support salaries
160	160	20 at or above the estimated entry wage per occupation, as
161	161	21 established by the most recent wage survey of the State of
162	162	22 Alabama, and to enable the committee and the participating
163	163	23 governments to support: (1) the establishment and promotion of
164	164	24 business and industry in the Shoals area; (2) the development
165	165	25 of trade and commerce in the Shoals area; (3) the furtherance
166	166	26 of the use of the agricultural products and natural resources
167	167	27 of the State of Alabama; and (4) the development and
168	168	Page 6 1 preservation of the resources. However, the Legislature
169	169	2 recognizes and acknowledges that the authority and other
170	170	3 potential recipients of monies on deposit in the Shoals
171	171	4 Economic Development Fund may be empowered by law to engage in
172	172	5 activities, or to perform functions, for purposes that are
173	173	6 different from, or that are unrelated to, the purposes for
174	174	7 which the monies are authorized by this subpart to be
175	175	8 expended. It is therefore also the intent of the Legislature
176	176	9 that no monies on deposit in the Shoals Economic Development
177	177	10 Fund be expended by, or appropriated to, either the authority
178	178	11 or any other recipient for any purpose or project except those
179	179	12 described in this subpart. Any expenditure or appropriation
180	180	13 permitted by the preceding provisions of this section to be
181	181	14 made out of monies on deposit in the Shoals Economic
182	182	15 Development Fund, and any such use of other properties
183	183	16 contributed to any such fund, shall be deemed an expenditure
184	184	17 or use, as the case may be, for a public purpose."
185	185	18 Section 2. This act shall become effective
186	186	19 immediately following its passage and approval by the
187	187	20 Governor, or its otherwise becoming law.
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