Alabama 2022 Regular Session

Alabama House Bill HB520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB520
2		-	2 216989-2
	2	+	2 216989-1
3	3		3 By Representatives Isbell and Lipscomb (N & P)
4	4		4 RFD: Local Legislation
5	5		5 First Read: 29-MAR-22
6	6
7		-	Page 0 HB520
8		-	1
9		-	2 ENROLLED, An Act,
10		-	3 To amend Sections 45-28-220.03 and 45-28-243.02,
11		-	4 Code of Alabama 1975, relating to the Etowah County Mega
12		-	5 Sports Complex Authority and the distribution of certain
13		-	6 lodging taxes to the authority; to provide further for the
14		-	7 membership of the authority; the distribution of certain funds
15		-	8 to the authority; the treatment of debt; and routine audits.
16		-	9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17		-	10 Section 1. Sections 45-28-220.03 and 45-28-243.02 of
18		-	11 the Code of Alabama 1975, are amended to read as follows:
19		-	12 "§45-28-220.03.
20		-	13 "(a) This section shall only apply in Etowah County.
21		-	14 "(b) The Etowah County Mega Sports Complex Authority
22		-	15 is created.
23		-	16 "(c)(1) The Immediately after the effective date of
24		-	17 the act adding this amendatory language, the terms of the
25		-	18 members serving on the authority shall end. Thereafter, the
26		-	19 authority shall consist of the following members:
27		-	20 "a. The legislative sponsor of the act creating the
28		-	21 authority.
29		-	22 "a. Except as otherwise provided in subparagraph 1.,
30		-	23 one b. A member appointed by each member of the local
31		-	24 legislative delegation. with initial terms expiring as
32		-	25 follows:
33		-	Page 1 HB520
34		-	1 "1. House District 29, expiring November 10, 2022.
35		-	2 The initial appointment occurring after the effective date of
36		-	3 the act adding this amendatory language shall be made by the
37		-	4 Director of the Etowah County Tourism Board. Subsequent
38		-	5 appointments to this position shall be made by the legislative
39		-	6 member representing House District 29.
40		-	7 "2. House District 28, expiring November 10, 2023.
41		-	8 "3. House District 30, expiring November 10, 2024.
42		-	9 "4. Senate District 10, expiring November 10, 2025.
43		-	10 "b. c. The Director President of the Etowah County
44		-	11 Chamber of Commerce, or his or her designee.
45		-	12 "d. Three members appointed by the Director of the
46		-	13 Etowah County Chamber of Commerce.
47		-	14 "c. The Director of the Etowah County Tourism Board,
48		-	15 or his or her designee.
49		-	16 "d. One member appointed by the governing body of
50		-	17 the City of Rainbow City, for an initial term expiring
51		-	18 November 10, 2024.
52		-	19 "(2) The authority may appoint additional members to
53		-	20 the authority upon a majority vote of its members. Upon
54		-	21 completion of the initial staggered terms, subsequent
55		-	22 appointments of non ex-officio members shall be made in the
56		-	23 same manner for terms of four years.
57		-	24 "(3) A member shall be removed from the authority
58		-	25 after failing to attend three consecutive properly noticed
59		-	Page 2 HB520
60		-	1 regular meetings of the authority, or more than half of the
61		-	2 properly noticed regular meetings, during a calendar year. The
62		-	3 members of the authority shall meet at least quarterly and
63		-	4 minutes of the meetings of the authority shall be posted on a
64		-	5 website operated by the authority or on a social media website
65		-	6 of the authority, or both, within 30 days after the meeting
66		-	7 date. A vacancy on the authority for any reason shall be
67		-	8 filled by appointment by the original appointing authority for
68		-	9 the unexpired term.
69		-	10 "(4) Except for the Director of the Etowah County
70		-	11 Tourism Board, no member of the authority may also serve as a
71		-	12 member of the Etowah County Tourism Board.
72		-	13 "(d) The authority shall evaluate the development of
73		-	14 a sports complex for Etowah County for implementation and
74		-	15 administration by the authority. The evaluation shall include,
75		-	16 but is not limited to, the following considerations and
76		-	17 issues:
77		-	18 "(1) The feasibility of a mega sports complex for
78		-	19 the county.
79		-	20 "(2) What should be included in such a complex.
80		-	21 "(3) The location of such a complex.
81		-	22 "(4) The cost associated with acquiring and
82		-	23 maintaining such a complex.
83		-	24 "(5) Possible funding sources for such a complex.
84		-	Page 3 HB520
85		-	1 "(e) After its evaluation, the authority may
86		-	2 initiate the development and management of a public mega
87		-	3 sports complex in the county.
88		-	4 "(f) The authority shall also have the following
89		-	5 powers and duties:
90		-	6 "(1) To acquire or lease real property for the
91		-	7 development of sports or other recreational facilities and
92		-	8 related improvements for public purposes.
93		-	9 "(2) To make, enter into, and execute contracts,
94		-	10 agreements, or other instruments necessary to accomplish the
95		-	11 purposes of this section.
96		-	12 "(3) To establish and appoint committees and hire
97		-	13 staff which it deems necessary for the carrying out of its
98		-	14 functions.
99		-	15 "(4) To accept any and all donations and grants of
100		-	16 money, equipment, supplies, materials, and services, and to
101		-	17 receive, utilize, and dispose of it.
102		-	18 "(5) To perform other functions as may be necessary
103		-	19 or appropriate to achieve the purposes of this section.
104		-	20 "(g) All T.V.A. in-lieu-of-taxes payments to Etowah
105		-	21 County retained by the county and not transferred to the City
106		-	22 of Sardis pursuant to Section 40-28-2 shall be distributed to
107		-	23 the Etowah County Mega Sports Complex Authority, to be used
108		-	24 for the financing and operation of a mega sports complex.
109		-	Page 4 HB520
110		-	1 "(h)(1) Any additional funds received by the
111		-	2 authority, from any state or county tax revenue, shall be
112		-	3 applied first toward the payment of existing debts.
113		-	4 "(2) Immediately upon the full payment of all debts
114		-	5 in existence as of the effective date of the act amending this
115		-	6 subdivision, all revenues referenced in subsection (g) and
116		-	7 subdivision (1) of Section 45-28-91.02, shall be held in the
117		-	8 county treasury until otherwise directed by unanimous consent
118		-	9 of the members of the legislative delegation.
119		-	10 "(i) A comprehensive financial audit of the
120		-	11 authority shall be performed immediately after the effective
121		-	12 date of the act adding this subsection, annually for the
122		-	13 immediately succeeding two years, and every two years
123		-	14 thereafter. The audit shall be performed by a
124		-	15 licensed independent certified public accountant chosen by the
125		-	16 authority from a list of three auditing firms nominated by the
126		-	17 governing body of the City of Rainbow City. A copy of each
127		-	18 audit performed shall be submitted to the Chief Examiner of
128		-	19 the Department of Examiners of Public Accounts and each
129		-	20 appointing authority within 30 days after completion.
130		-	21 "§45-28-243.02.
131		-	22 "In Etowah County, the portion of the tax proceeds
132		-	23 collected pursuant to Section 40-26-1, which is distributed to
133		-	24 the County Commission pursuant to Section 40-26-20, to be used
134		-	25 for the promotion of tourism, recreation, and conventions,
135		-	Page 5 HB520
136		-	1 shall be distributed to the Etowah County Mega Sports Complex
	7	+	Page 0 1 216989-1:n:02/28/2022:KMS/cr LSA2021-2678
	8	+	2
	9	+	3
	10	+	4
	11	+	5
	12	+	6
	13	+	7
	14	+	8
	15	+	9 A BILL
	16	+	10 TO BE ENTITLED
	17	+	11 AN ACT
	18	+	12
	19	+	13 To amend Sections 45-28-220.03 and 45-28-243.02,
	20	+	14 Code of Alabama 1975, relating to the Etowah County Mega
	21	+	15 Sports Complex Authority and the distribution of certain
	22	+	16 lodging taxes to the authority; to provide further for the
	23	+	17 membership of the authority; the distribution of certain funds
	24	+	18 to the authority; the treatment of debt; and routine audits.
	25	+	19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	26	+	20 Section 1. Sections 45-28-220.03 and 45-28-243.02 of
	27	+	21 the Code of Alabama 1975, are amended to read as follows:
	28	+	22 "§45-28-220.03.
	29	+	23 "(a) This section shall only apply in Etowah County.
	30	+	24 "(b) The Etowah County Mega Sports Complex Authority
	31	+	25 is created.
	32	+	26 "(c)(1) The Immediately after the effective date of
	33	+	27 the act adding this amendatory language, the terms of the
	34	+	Page 1 1 members serving on the authority shall end. Thereafter, the
	35	+	2 authority shall consist of the following members:
	36	+	3 "a. The legislative sponsor of the act creating the
	37	+	4 authority.
	38	+	5 "a. Except as otherwise provided in subparagraph 1.,
	39	+	6 one b. A member appointed by each member of the local
	40	+	7 legislative delegation. with initial terms expiring as
	41	+	8 follows:
	42	+	9 "1. House District 29, expiring November 10, 2022.
	43	+	10 The initial appointment occurring after the effective date of
	44	+	11 the act adding this amendatory language shall be made by the
	45	+	12 Director of the Etowah County Tourism Board. Subsequent
	46	+	13 appointments to this position shall be made by the legislative
	47	+	14 member representing House District 29.
	48	+	15 "2. House District 28, expiring November 10, 2023.
	49	+	16 "3. House District 30, expiring November 10, 2024.
	50	+	17 "4. Senate District 10, expiring November 10, 2025.
	51	+	18 "b. c. The Director President of the Etowah County
	52	+	19 Chamber of Commerce, or his or her designee.
	53	+	20 "d. Three members appointed by the Director of the
	54	+	21 Etowah County Chamber of Commerce.
	55	+	22 "c. The Director of the Etowah County Tourism Board,
	56	+	23 or his or her designee.
	57	+	24 "d. One member appointed by the governing body of
	58	+	25 the City of Rainbow City, for an initial term expiring
	59	+	26 November 10, 2024.
	60	+	Page 2 1 "(2) The authority may appoint additional members to
	61	+	2 the authority upon a majority vote of its members. Upon
	62	+	3 completion of the initial staggered terms, subsequent
	63	+	4 appointments of non ex-officio members shall be made in the
	64	+	5 same manner for terms of four years.
	65	+	6 "(3) A member shall be removed from the authority
	66	+	7 after failing to attend three consecutive properly noticed
	67	+	8 regular meetings of the authority, or more than half of the
	68	+	9 properly noticed regular meetings, during a calendar year. The
	69	+	10 members of the authority shall meet at least quarterly and
	70	+	11 minutes of the meetings of the authority shall be posted on a
	71	+	12 website operated by the authority or on a social media website
	72	+	13 of the authority, or both, within 30 days after the meeting
	73	+	14 date. A vacancy on the authority for any reason shall be
	74	+	15 filled by appointment by the original appointing authority for
	75	+	16 the unexpired term.
	76	+	17 "(4) Except for the Director of the Etowah County
	77	+	18 Tourism Board, no member of the authority may also serve as a
	78	+	19 member of the Etowah County Tourism Board.
	79	+	20 "(d) The authority shall evaluate the development of
	80	+	21 a sports complex for Etowah County for implementation and
	81	+	22 administration by the authority. The evaluation shall include,
	82	+	23 but is not limited to, the following considerations and
	83	+	24 issues:
	84	+	25 "(1) The feasibility of a mega sports complex for
	85	+	26 the county.
	86	+	27 "(2) What should be included in such a complex.
	87	+	Page 3 1 "(3) The location of such a complex.
	88	+	2 "(4) The cost associated with acquiring and
	89	+	3 maintaining such a complex.
	90	+	4 "(5) Possible funding sources for such a complex.
	91	+	5 "(e) After its evaluation, the authority may
	92	+	6 initiate the development and management of a public mega
	93	+	7 sports complex in the county.
	94	+	8 "(f) The authority shall also have the following
	95	+	9 powers and duties:
	96	+	10 "(1) To acquire or lease real property for the
	97	+	11 development of sports or other recreational facilities and
	98	+	12 related improvements for public purposes.
	99	+	13 "(2) To make, enter into, and execute contracts,
	100	+	14 agreements, or other instruments necessary to accomplish the
	101	+	15 purposes of this section.
	102	+	16 "(3) To establish and appoint committees and hire
	103	+	17 staff which it deems necessary for the carrying out of its
	104	+	18 functions.
	105	+	19 "(4) To accept any and all donations and grants of
	106	+	20 money, equipment, supplies, materials, and services, and to
	107	+	21 receive, utilize, and dispose of it.
	108	+	22 "(5) To perform other functions as may be necessary
	109	+	23 or appropriate to achieve the purposes of this section.
	110	+	24 "(g) All T.V.A. in-lieu-of-taxes payments to Etowah
	111	+	25 County retained by the county and not transferred to the City
	112	+	26 of Sardis pursuant to Section 40-28-2 shall be distributed to
	113	+	Page 4 1 the Etowah County Mega Sports Complex Authority, to be used
	114	+	2 for the financing and operation of a mega sports complex.
	115	+	3 "(h)(1) Any additional funds received by the
	116	+	4 authority, from any state or county tax revenue, shall be
	117	+	5 applied first toward the payment of existing debts.
	118	+	6 "(2) Immediately upon the full payment of all debts
	119	+	7 in existence as of the effective date of the act amending this
	120	+	8 subdivision, all revenues referenced in subsection (g) and
	121	+	9 subdivision (1) of Section 45-28-91.02, shall be held in the
	122	+	10 county treasury until otherwise directed by unanimous consent
	123	+	11 of the members of the legislative delegation.
	124	+	12 "(i) A comprehensive financial audit of the
	125	+	13 authority shall be performed immediately after the effective
	126	+	14 date of the act adding this subsection, annually for the
	127	+	15 immediately succeeding two years, and every two years
	128	+	16 thereafter. The audit shall be performed by a
	129	+	17 licensed independent certified public accountant chosen by the
	130	+	18 authority from a list of three auditing firms nominated by the
	131	+	19 governing body of the City of Rainbow City. A copy of each
	132	+	20 audit performed shall be submitted to the Chief Examiner of
	133	+	21 the Department of Examiners of Public Accounts and each
	134	+	22 appointing authority within 30 days after completion.
	135	+	23 "§45-28-243.02.
	136	+	24 "In Etowah County, the portion of the tax proceeds
	137	+	25 collected pursuant to Section 40-26-1, which is distributed to
	138	+	26 the County Commission pursuant to Section 40-26-20, to be used
	139	+	27 for the promotion of tourism, recreation, and conventions,
	140	+	Page 5 1 shall be distributed to the Etowah County Mega Sports Complex
137	141		2 Authority. Immediately upon the full payment of all debts of
138	142		3 the authority in existence as of the effective date of the act
139	143		4 amending this section, all revenues referenced in this section
140	144		5 shall be held in the county treasury until otherwise directed
141	145		6 by unanimous consent of the members of the legislative
142	146		7 delegation."
143	147		8 Section 2. This act shall become effective October
144	148		9 1, 2022, following its passage and approval by the Governor,
145	149		10 or its otherwise becoming law.
146		-	Page 6 HB520
147		-	1
148		-	2
149		-	3
150		-	4
151		-	Speaker of the House of Representatives
152		-
153		-	5
154		-	6 President and Presiding Officer of the Senate
155		-	House of Representatives7
156		-	I hereby certify that the within Act originated in8
157		-	9 and was passed by the House 05-APR-22.
158		-	10
159		-	11 Jeff Woodard
160		-	12 Clerk
161		-	13
162		-	14
163		-	15
164		-	Senate16 07-APR-22 Passed
165		-	17
166		-	Page 7
	150	+	Page 6