Alabama 2022 Regular Session

Alabama Senate Bill SB329 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB329
2		-	2 216989-3
	2	+	2 216989-1
3	3		3 By Senator Jones (N & P)
4	4		4 RFD: Local Legislation
5	5		5 First Read: 29-MAR-22
6	6
7		-	Page 0 SB329
8		-	1 SB329
	7	+	Page 0 1 216989-1:n:02/28/2022:KMS/cr LSA2021-2678
9	8		2
10	9		3
11		-	4 ~~With Notice and Proof~~
	10	+	4
12	11		5
13		-	6 ENROLLED, An Act,
14		-	7 To amend Sections 45-28-220.03 and 45-28-243.02,
15		-	8 Code of Alabama 1975, relating to the Etowah County Mega
16		-	9 Sports Complex Authority and the distribution of certain
17		-	10 lodging taxes to the authority; to provide further for the
18		-	11 membership of the authority; the distribution of certain funds
19		-	12 to the authority; the treatment of debt; and routine audits.
20		-	13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
21		-	14 Section 1. Sections 45-28-220.03 and 45-28-243.02 of
22		-	15 the Code of Alabama 1975, are amended to read as follows:
23		-	16 "§45-28-220.03.
24		-	17 "(a) This section shall only apply in Etowah County.
25		-	18 "(b) The Etowah County Mega Sports Complex Authority
26		-	19 is created.
27		-	20 "(c)(1) The Immediately after the effective date of
28		-	21 the act adding this amendatory language, the terms of the
29		-	22 members serving on the authority shall end. Thereafter, the
30		-	23 authority shall consist of the following members:
31		-	24 "a. The legislative sponsor of the act creating the
32		-	25 authority.
33		-	Page 1 SB329
34		-	1 "a. Except as otherwise provided in subparagraph 1.,
35		-	2 one b. A member appointed by each member of the local
36		-	3 legislative delegation. with initial terms expiring as
37		-	4 follows:
38		-	5 "1. House District 29, expiring November 10, 2022.
39		-	6 The initial appointment occurring after the effective date of
40		-	7 the act adding this amendatory language shall be made by the
41		-	8 Director of the Etowah County Tourism Board. Subsequent
42		-	9 appointments to this position shall be made by the legislative
43		-	10 member representing House District 29.
44		-	11 "2. House District 28, expiring November 10, 2023.
45		-	12 "3. House District 30, expiring November 10, 2024.
46		-	13 "4. Senate District 10, expiring November 10, 2025.
47		-	14 "b. c. The Director President of the Etowah County
48		-	15 Chamber of Commerce, or his or her designee.
49		-	16 "d. Three members appointed by the Director of the
50		-	17 Etowah County Chamber of Commerce.
51		-	18 "c. The Director of the Etowah County Tourism Board,
52		-	19 or his or her designee.
53		-	20 "d. One member appointed by the governing body of
54		-	21 the City of Rainbow City, for an initial term expiring
55		-	22 November 10, 2024.
56		-	23 "(2) The authority may appoint additional members to
57		-	24 the authority upon a majority vote of its members. Upon
58		-	25 completion of the initial staggered terms, subsequent
59		-	Page 2 SB329
60		-	1 appointments of non ex-officio members shall be made in the
61		-	2 same manner for terms of four years.
62		-	3 "(3) A member shall be removed from the authority
63		-	4 after failing to attend three consecutive properly noticed
64		-	5 regular meetings of the authority, or more than half of the
65		-	6 properly noticed regular meetings, during a calendar year. The
66		-	7 members of the authority shall meet at least quarterly and
67		-	8 minutes of the meetings of the authority shall be posted on a
68		-	9 website operated by the authority or on a social media website
69		-	10 of the authority, or both, within 30 days after the meeting
70		-	11 date. A vacancy on the authority for any reason shall be
71		-	12 filled by appointment by the original appointing authority for
72		-	13 the unexpired term.
73		-	14 "(4) Except for the Director of the Etowah County
74		-	15 Tourism Board, no member of the authority may also serve as a
75		-	16 member of the Etowah County Tourism Board.
76		-	17 "(d) The authority shall evaluate the development of
77		-	18 a sports complex for Etowah County for implementation and
78		-	19 administration by the authority. The evaluation shall include,
79		-	20 but is not limited to, the following considerations and
80		-	21 issues:
81		-	22 "(1) The feasibility of a mega sports complex for
82		-	23 the county.
83		-	24 "(2) What should be included in such a complex.
84		-	25 "(3) The location of such a complex.
85		-	Page 3 SB329
86		-	1 "(4) The cost associated with acquiring and
87		-	2 maintaining such a complex.
88		-	3 "(5) Possible funding sources for such a complex.
89		-	4 "(e) After its evaluation, the authority may
90		-	5 initiate the development and management of a public mega
91		-	6 sports complex in the county.
92		-	7 "(f) The authority shall also have the following
93		-	8 powers and duties:
94		-	9 "(1) To acquire or lease real property for the
95		-	10 development of sports or other recreational facilities and
96		-	11 related improvements for public purposes.
97		-	12 "(2) To make, enter into, and execute contracts,
98		-	13 agreements, or other instruments necessary to accomplish the
99		-	14 purposes of this section.
100		-	15 "(3) To establish and appoint committees and hire
101		-	16 staff which it deems necessary for the carrying out of its
102		-	17 functions.
103		-	18 "(4) To accept any and all donations and grants of
104		-	19 money, equipment, supplies, materials, and services, and to
105		-	20 receive, utilize, and dispose of it.
106		-	21 "(5) To perform other functions as may be necessary
107		-	22 or appropriate to achieve the purposes of this section.
108		-	23 "(g) All T.V.A. in-lieu-of-taxes payments to Etowah
109		-	24 County retained by the county and not transferred to the City
110		-	25 of Sardis pursuant to Section 40-28-2 shall be distributed to
111		-	Page 4 SB329
112		-	1 the Etowah County Mega Sports Complex Authority, to be used
	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
113	114		2 for the financing and operation of a mega sports complex.
114	115		3 "(h)(1) Any additional funds received by the
115	116		4 authority, from any state or county tax revenue, shall be
116	117		5 applied first toward the payment of existing debts.
117	118		6 "(2) Immediately upon the full payment of all debts
118	119		7 in existence as of the effective date of the act amending this
119	120		8 subdivision, all revenues referenced in subsection (g) and
120	121		9 subdivision (1) of Section 45-28-91.02, shall be held in the
121	122		10 county treasury until otherwise directed by unanimous consent
122	123		11 of the members of the legislative delegation.
123	124		12 "(i) A comprehensive financial audit of the
124	125		13 authority shall be performed immediately after the effective
125	126		14 date of the act adding this subsection, annually for the
126	127		15 immediately succeeding two years, and every two years
127	128		16 thereafter. The audit shall be performed by a
128	129		17 licensed independent certified public accountant chosen by the
129	130		18 authority from a list of three auditing firms nominated by the
130	131		19 governing body of the City of Rainbow City. A copy of each
131	132		20 audit performed shall be submitted to the Chief Examiner of
132	133		21 the Department of Examiners of Public Accounts and each
133	134		22 appointing authority within 30 days after completion.
134	135		23 "§45-28-243.02.
135	136		24 "In Etowah County, the portion of the tax proceeds
136	137		25 collected pursuant to Section 40-26-1, which is distributed to
137		-	Page 5 SB329
138		-	1 the County Commission pursuant to Section 40-26-20, to be used
139		-	2 for the promotion of tourism, recreation, and conventions,
140		-	3 shall be distributed to the Etowah County Mega Sports Complex
141		-	4 Authority. Immediately upon the full payment of all debts of
142		-	5 the authority in existence as of the effective date of the act
143		-	6 amending this section, all revenues referenced in this section
144		-	7 shall be held in the county treasury until otherwise directed
145		-	8 by unanimous consent of the members of the legislative
146		-	9 delegation."
147		-	10 Section 2. This act shall become effective October
148		-	11 1, 2022, following its passage and approval by the Governor,
149		-	12 or its otherwise becoming law.
150		-	Page 6 SB329
151		-	1
152		-	2
153		-	3
154		-	4
155		-	President and Presiding Officer of the Senate
156		-
157		-	5
158		-	6 Speaker of the House of Representatives
159		-	SB3297
160		-	8 Senate 31-MAR-22
161		-	9 I hereby certify that the within Act originated in and passed
162		-	10 the Senate.
163		-	11
164		-	12 Patrick Harris,
165		-	13 Secretary.
166		-	14
167		-	15
168		-	16
169		-	17 House of Representatives
170		-	18 Passed: 07-APR-22
171		-	19
172		-	20
173		-	21 By: Senator Jones
174		-	Page 7
	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
	141	+	2 Authority. Immediately upon the full payment of all debts of
	142	+	3 the authority in existence as of the effective date of the act
	143	+	4 amending this section, all revenues referenced in this section
	144	+	5 shall be held in the county treasury until otherwise directed
	145	+	6 by unanimous consent of the members of the legislative
	146	+	7 delegation."
	147	+	8 Section 2. This act shall become effective October
	148	+	9 1, 2022, following its passage and approval by the Governor,
	149	+	10 or its otherwise becoming law.
	150	+	Page 6