AL
Alabama Senate Bill SB336

Alabama 2022 Regular Session

Alabama Senate Bill SB336 Compare Versions

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11 1 SB336
2-2 218237-3
2+2 218237-1
33 3 By Senators Albritton and Elliott (N & P)
44 4 RFD: Local Legislation
55 5 First Read: 30-MAR-22
66
7-Page 0 SB336
8-1 SB336
7+Page 0 1 218237-1:n:03/30/2022:LK/tgw LSA2022-829
98 2
109 3
11-4 With Notice and Proof
10+4
1211 5
13-6 ENROLLED, An Act,
14-7 Relating to Baldwin County; to establish the South
15-8 Baldwin Regional Workforce Development Authority; to provide
16-9 for the composition, powers, duties, and meetings of the board
17-10 of directors of the authority.
18-11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
19-12 Section 1. There is created in Baldwin County the
20-13 South Baldwin Regional Workforce Development Authority for the
21-14 public purpose of fostering workforce development, community
22-15 betterment, entrepreneurship, advocacy, and business
23-16 innovation through collaboration between businesses,
24-17 educational organizations, and local municipalities. The area
25-18 of operation of the authority shall be in the portion of the
26-19 county south of or adjacent to the road designated as Baldwin
27-20 County Road 32 on the effective date of this act.
28-21 Section 2. (a) All powers of the authority shall be
29-22 exercised by a board of directors, which shall consist of all
30-23 the following:
31-Page 1 SB336
32-1 (1) The chief executive officers of the South
33-2 Alabama Chamber of Commerce and the Alabama Coastal Business
34-3 Chamber, ex officio, each of whom shall be a voting member.
35-4 (2) Three business members of the South Alabama
36-5 Chamber of Commerce selected by the Chief Executive Officer of
37-6 that chamber, each of whom shall be a voting member.
38-7 (3) Three business members of the Alabama Coastal
39-8 Business Chamber selected by the Chief Executive Officer of
12+6
13+7
14+8
15+9 A BILL
16+10 TO BE ENTITLED
17+11 AN ACT
18+12
19+13 Relating to Baldwin County; to establish the South
20+14 Baldwin Regional Workforce Development Authority; to provide
21+15 for the composition, powers, duties, and meetings of the board
22+16 of directors of the authority.
23+17 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24+18 Section 1. There is created in Baldwin County the
25+19 South Baldwin Regional Workforce Development Authority for the
26+20 public purpose of fostering workforce development, community
27+21 betterment, entrepreneurship, advocacy, and business
28+22 innovation through collaboration between businesses,
29+23 educational organizations, and local municipalities. The area
30+24 of operation of the authority shall be in the portion of the
31+25 county south of or adjacent to the road designated as Baldwin
32+26 County Road 32 on the effective date of this act.
33+Page 1 1 Section 2. (a) All powers of the authority shall be
34+2 exercised by a board of directors, which shall consist of all
35+3 the following:
36+4 (1) The chief executive officers of the South
37+5 Alabama Chamber of Commerce and the Alabama Coastal Business
38+6 Chamber, ex officio, each of whom shall be a voting member.
39+7 (2) Three business members of the South Alabama
40+8 Chamber of Commerce selected by the Chief Executive Officer of
4041 9 that chamber, each of whom shall be a voting member.
41-10 (4) The mayors of the cities of Gulf Shores, Orange
42-11 Beach, and Foley, ex officio, each of whom shall be non-voting
43-12 members.
44-13 (5) Up to three additional members appointed by
45-14 majority vote of the board, who shall be voting members.
46-15 (b) The appointing authorities shall coordinate
47-16 their appointments to ensure the membership of the board of
48-17 directors is inclusive and reflects the racial, gender,
49-18 geographic, urban, rural, and economic diversity of the state.
50-19 (c) The appointing authorities shall make their
51-20 first appointments under subdivision (2) and (3) of subsection
52-21 (a) no later than 30 days following the effective date of this
53-22 act. Upon the final appointment under subdivisions (2) and (3)
54-23 of subsection (a) or upon the conclusion of the 30-day period,
55-24 whichever is sooner, the initial terms of those appointed
56-25 members of the board of directors shall commence. The board
57-Page 2 SB336
58-1 may not take any action until the initial terms of those
59-2 appointed members of the board of directors commence pursuant
60-3 to this subdivision.
61-4 (d)(1) Members appointed under subdivisions (2) and
62-5 (3) of subsection (a) shall each serve a term of three years,
63-6 except that the appointing powers shall designate that one of
64-7 their first appointees shall serve an initial term of one
65-8 year, one shall serve an initial term of two years, and one
66-9 for a term of three years, so that the terms are staggered.
67-10 (2) Members appointed under subdivision (5) of
68-11 subsection (a) shall serve for a term of one year from date of
69-12 their appointment.
70-13 (e) In the event of any vacancy in any seat that is
71-14 filled by appointment, a successor shall be appointed in the
72-15 same manner as the seat was previously filled, and the
73-16 appointee shall serve for the remainder of the term for the
74-17 seat that was vacated.
75-18 Section 3. (a) The board shall hold an
76-19 organizational meeting within 30 days following the
77-20 commencement of the terms of the appointed members pursuant to
78-21 subsection (c) of Section 2.
79-22 (b)(1) At the organizational meeting, the board
80-23 shall adopt bylaws and procedures not in conflict with this
81-24 act or state law, to govern the conduct of the business and
82-25 the affairs of the corporation and the selection of officers.
83-Page 3 SB336
84-1 (2) Upon adoption, the bylaws may only be amended by
42+10 (3) Three business members of the Alabama Coastal
43+11 Business Chamber selected by the Chief Executive Officer of
44+12 that chamber, each of whom shall be a voting member.
45+13 (4) The mayors of the cities of Gulf Shores, Orange
46+14 Beach, and Foley, ex officio, each of whom shall be non-voting
47+15 members.
48+16 (5) Up to three additional members appointed by
49+17 majority vote of the board, who shall be voting members.
50+18 (b) The appointing authorities shall coordinate
51+19 their appointments to ensure the membership of the board of
52+20 directors is inclusive and reflects the racial, gender,
53+21 geographic, urban, rural, and economic diversity of the state.
54+22 (c) The appointing authorities shall make their
55+23 first appointments under subdivision (2) and (3) of subsection
56+24 (a) no later than 30 days following the effective date of this
57+25 act. Upon the final appointment under subdivisions (2) and (3)
58+26 of subsection (a) or upon the conclusion of the 30-day period,
59+27 whichever is sooner, the initial terms of those appointed
60+Page 2 1 members of the board of directors shall commence. The board
61+2 may not take any action until the initial terms of those
62+3 appointed members of the board of directors commence pursuant
63+4 to this subdivision.
64+5 (d)(1) Members appointed under subdivisions (2) and
65+6 (3) of subsection (a) shall each serve a term of three years,
66+7 except that the appointing powers shall designate that one of
67+8 their first appointees shall serve an initial term of one
68+9 year, one shall serve an initial term of two years, and one
69+10 for a term of three years, so that the terms are staggered.
70+11 (2) Members appointed under subdivision (5) of
71+12 subsection (a) shall serve for a term of one year from date of
72+13 their appointment.
73+14 (e) In the event of any vacancy in any seat that is
74+15 filled by appointment, a successor shall be appointed in the
75+16 same manner as the seat was previously filled, and the
76+17 appointee shall serve for the remainder of the term for the
77+18 seat that was vacated.
78+19 Section 3. (a) The board shall hold an
79+20 organizational meeting within 30 days following the
80+21 commencement of the terms of the appointed members pursuant to
81+22 subsection (c) of Section 2.
82+23 (b)(1) At the organizational meeting, the board
83+24 shall adopt bylaws and procedures not in conflict with this
84+25 act or state law, to govern the conduct of the business and
85+26 the affairs of the corporation and the selection of officers.
86+Page 3 1 (2) Upon adoption, the bylaws may only be amended by
8587 2 majority vote of the board of directors.
8688 3 (c) Prior to the conclusion of the organizational
8789 4 meeting, the board shall select a chairperson, a secretary,
8890 5 and any other officers deemed necessary within the bylaws, to
8991 6 each serve a term of one year. The terms of these officers
9092 7 shall commence upon adjournment of the organizational meeting.
9193 8 Section 4. (a)(1) The board of directors may
9294 9 exercise power of the authority by majority vote, and only
9395 10 upon establishment of a quorum.
9496 11 (2) For purposes of this act, a quorum shall be
9597 12 defined as two-thirds of the voting members of the board.
9698 13 (b) The chairperson shall preside over meetings of
9799 14 the board.
98100 15 (c)(1) The board shall meet to conduct the business
99101 16 of the authority on a monthly basis at a date to be set by the
100102 17 board, unless otherwise scheduled by the chairperson.
101103 18 (2) Any change of date, time, or place of the
102104 19 meetings of the board may occur only upon approval of the
103105 20 chairperson, and shall be communicated by the chairperson to
104106 21 all board members not less than 48 hours before the meeting.
105107 22 Section 5. (a) The authority may employ an executive
106108 23 director, who shall be its chief executive officer and,
107109 24 subject to the control of the board, shall have supervision
108-Page 4 SB336
109-1 over the business and affairs of the corporation. The
110-2 executive director shall serve at the pleasure of the board.
111-3 (b) The executive director shall have all powers and
112-4 duties usually incidental to the office of chief executive
113-5 officer, except as specifically limited or expanded by the
114-6 bylaws or a resolution adopted by the board.
115-7 (c) The executive director shall be an ex officio
116-8 member of any standing committee of the authority.
117-9 (d) The executive director, from time to time and
118-10 additionally upon request by a majority of the board, shall
119-11 report to the board regarding all matters within his or her
120-12 knowledge that should be brought to the board for the best
121-13 interest of the authority.
122-14 Section 6. The authority shall have the power to do
123-15 all of the following as they relate to the purpose of the
124-16 authority:
125-17 (1) Acquire by purchase, rent, lease agreement,
126-18 gift, or otherwise, necessary facilities and properties and to
127-19 provide those facilities and properties with necessary
128-20 equipment, furnishings, landscaping, and related facilities,
129-21 including parking areas and ramps, roadways, sewers, curbs,
130-22 and gutters.
131-23 (2) Finance, by loan, grant, lease, or otherwise,
132-24 construct, erect, assemble, purchase, acquire, own, repair,
133-25 remodel, renovate, rehabilitate, modify, maintain, extend,
134-Page 5 SB336
135-1 improve, install, sell, equip, expand, add to, operate, or
136-2 manage property, and to pay the cost of any such project from
137-3 the funds of the authority, or from any contributions by
138-4 persons, corporations, limited or general partnerships, or
139-5 other public or private entities, all of which the authority
140-6 is authorized to receive and accept and use.
141-7 (3) Execute and deliver mortgages and deeds of trust
142-8 and trust indentures, or either.
143-9 (4) Enter into contracts and cooperative agreements
144-10 with and accept grants from local, state, or federal
145-11 governments, agencies of the government, private individuals,
146-12 corporations, associations, and other organizations as the
147-13 authority deems necessary or convenient to carry out the
148-14 public purposes of the authority.
149-15 (5) Accept public or private gifts, grants, and
150-16 donations.
151-17 (6) Sell, convey, transfer, lease, or donate any
152-18 property, franchise, grant, easement, license, or lease or
153-19 interest therein which it may own, and to transfer, assign,
154-20 sell, convey, or donate any right, title, or interest which it
155-21 may have in any lease, contract, agreement, license, or
156-22 property.
157-23 (7) Employ personnel as may be necessary or
158-24 convenient to accomplish the public purposes of this act. Any
159-25 personnel employed by the authority shall serve at the
160-Page 6 SB336
161-1 pleasure of the board of directors. The board of directors
162-2 shall fix the compensation of the personnel and the
163-3 compensation shall be paid from any funds of the authority.
164-4 The board of directors shall designate the duties of the
165-5 personnel.
166-6 (8) Perform other acts necessary or incidental to
167-7 the accomplishment of the public purposes of the authority,
168-8 including, but not limited to, the employment of legal and
169-9 accounting assistance, whether or not the acts are
170-10 specifically authorized by this act.
171-11 Section 7. The authority, its property, real and
172-12 personal, any income produced and all conveyances, deeds,
173-13 leases, mortgages, and deeds of trust, shall be exempt from
174-14 all taxation by the State of Alabama or any political or
175-15 administrative subdivision thereof, including, but not limited
176-16 to, all income, ad valorem, sales, excise, license, and
177-17 privilege taxes and fees, the levy or collection of which is
178-18 established by local law. This section shall not be construed
179-19 to alter the implementation or construction of any general
180-20 law.
181-21 Section 8. This act shall become effective
182-22 immediately following its passage and approval by the
183-23 Governor, or its otherwise becoming law.
184-Page 7 SB336
185-1
186-2
187-3
188-4
189-President and Presiding Officer of the Senate
190-
191-5
192-6 Speaker of the House of Representatives
193-SB3367
194-8 Senate 05-APR-22
195-9 I hereby certify that the within Act originated in and passed
196-10 the Senate.
197-11
198-12 Patrick Harris,
199-13 Secretary.
200-14
201-15
202-16
203-17 House of Representatives
204-18 Passed: 07-APR-22
205-19
206-20
207-21 By: Senator Albritton
208-Page 8
110+25 over the business and affairs of the corporation. The
111+26 executive director shall serve at the pleasure of the board.
112+Page 4 1 (b) The executive director shall have all powers and
113+2 duties usually incidental to the office of chief executive
114+3 officer, except as specifically limited or expanded by the
115+4 bylaws or a resolution adopted by the board.
116+5 (c) The executive director shall be an ex officio
117+6 member of any standing committee of the authority.
118+7 (d) The executive director, from time to time and
119+8 additionally upon request by a majority of the board, shall
120+9 report to the board regarding all matters within his or her
121+10 knowledge that should be brought to the board for the best
122+11 interest of the authority.
123+12 Section 6. The authority shall have the power to do
124+13 all of the following as they relate to the purpose of the
125+14 authority:
126+15 (1) Acquire by purchase, rent, lease agreement,
127+16 gift, or otherwise, necessary facilities and properties and to
128+17 provide those facilities and properties with necessary
129+18 equipment, furnishings, landscaping, and related facilities,
130+19 including parking areas and ramps, roadways, sewers, curbs,
131+20 and gutters.
132+21 (2) Finance, by loan, grant, lease, or otherwise,
133+22 construct, erect, assemble, purchase, acquire, own, repair,
134+23 remodel, renovate, rehabilitate, modify, maintain, extend,
135+24 improve, install, sell, equip, expand, add to, operate, or
136+25 manage property, and to pay the cost of any such project from
137+26 the funds of the authority, or from any contributions by
138+27 persons, corporations, limited or general partnerships, or
139+Page 5 1 other public or private entities, all of which the authority
140+2 is authorized to receive and accept and use.
141+3 (3) Execute and deliver mortgages and deeds of trust
142+4 and trust indentures, or either.
143+5 (4) Enter into contracts and cooperative agreements
144+6 with and accept grants from local, state, or federal
145+7 governments, agencies of the government, private individuals,
146+8 corporations, associations, and other organizations as the
147+9 authority deems necessary or convenient to carry out the
148+10 public purposes of the authority.
149+11 (5) Accept public or private gifts, grants, and
150+12 donations.
151+13 (6) Sell, convey, transfer, lease, or donate any
152+14 property, franchise, grant, easement, license, or lease or
153+15 interest therein which it may own, and to transfer, assign,
154+16 sell, convey, or donate any right, title, or interest which it
155+17 may have in any lease, contract, agreement, license, or
156+18 property.
157+19 (7) Employ personnel as may be necessary or
158+20 convenient to accomplish the public purposes of this act. Any
159+21 personnel employed by the authority shall serve at the
160+22 pleasure of the board of directors. The board of directors
161+23 shall fix the compensation of the personnel and the
162+24 compensation shall be paid from any funds of the authority.
163+25 The board of directors shall designate the duties of the
164+26 personnel.
165+Page 6 1 (8) Perform other acts necessary or incidental to
166+2 the accomplishment of the public purposes of the authority,
167+3 including, but not limited to, the employment of legal and
168+4 accounting assistance, whether or not the acts are
169+5 specifically authorized by this act.
170+6 Section 7. The authority, its property, real and
171+7 personal, any income produced and all conveyances, deeds,
172+8 leases, mortgages, and deeds of trust, shall be exempt from
173+9 all taxation by the State of Alabama or any political or
174+10 administrative subdivision thereof, including, but not limited
175+11 to, all income, ad valorem, sales, excise, license, and
176+12 privilege taxes and fees, the levy or collection of which is
177+13 established by local law. This section shall not be construed
178+14 to alter the implementation or construction of any general
179+15 law.
180+16 Section 8. This act shall become effective
181+17 immediately following its passage and approval by the
182+18 Governor, or its otherwise becoming law.
183+Page 7