Alabama 2024 Regular Session

Alabama House Bill HB406 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB406ENGROSSED~~
	1	+	HB406INTRODUCED
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3	3		HB406
4		-	~~7ZJCVEE-2~~
	4	+	94ZWMMB-1
5	5		By Representatives Clarke, Gray, Bracy, Jones, Brown,
6	6		Chestnut, Almond, Lands
7	7		RFD: Ways and Means General Fund
8	8		First Read: 02-Apr-24
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14		-	6 ~~HB406 Engrossed~~
	14	+	6 94ZWMMB-1 03/25/2024 THR (L)bm 2024-1008
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16	16		First Read: 02-Apr-24
	17	+	SYNOPSIS:
	18	+	Under existing law, a county housing authority
	19	+	has numerous powers.
	20	+	This bill would provide further powers to a
	21	+	county housing authority to deal with housing projects
	22	+	and community facilities, including powers to
	23	+	participate in lawful forms of business organizations,
	24	+	make loans, create subsidiaries or other lawful
	25	+	business organizations, and enter into contracts.
	26	+	This bill would ratify the creation of any
	27	+	wholly-owned subsidiary of a county housing authority.
	28	+	This bill would further provide for a county
	29	+	housing authority's power to evaluate and award
	30	+	contracts.
	31	+	This bill would exempt county housing
	32	+	authorities from all taxes.
	33	+	This bill would also make nonsubstantive,
	34	+	technical revisions to update the existing code
	35	+	language to current style.
17	36		A BILL
18	37		TO BE ENTITLED
19	38		AN ACT
20		-	Relating to county housing authorities; to amend
21		-	Sections 24-1-61 and 24-1-66, Code of Alabama 1975; to further
22		-	provide for the powers of a county housing authority; to
23		-	ratify certain acts of county housing authorities before the
24		-	effective date of this act; to exempt county housing
25		-	authorities from taxes in certain circumstances; and to make
26		-	nonsubstantive, technical revisions to update the existing
27		-	code language to current style.
28		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29		-	Section 1. Sections 24-1-61 and 24-1-66, Code of
30		-	Alabama 1975, are amended to read as follows:
31		-	"§24-1-61
32		-	The For the purposes of this article, the following
33		-	terms, wherever used or referred to in this article shall have
34		-	the following respective meaning, unless a different meaning
35		-	clearly appears from the context have the following meanings :
36		-	(1) AUTHORITY or HOUSING AUTHORITY. A public body
37		-	organized as a body corporate and politic in accordance with
38		-	the provisions of this article for the purposes, with the
39		-	powers, and subject to the restrictions set forth in this
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67		-	28 HB406 ~~Engrossed~~
	66	+	28 HB406 INTRODUCED
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	68	+	Relating to county housing authorities; to amend
	69	+	Sections 24-1-61 and 24-1-66, Code of Alabama 1975; to further
	70	+	provide for the powers of a county housing authority; to
	71	+	ratify certain acts of county housing authorities before the
	72	+	effective date of this act; to exempt county housing
	73	+	authorities from all taxes; and to make nonsubstantive,
	74	+	technical revisions to update the existing code language to
	75	+	current style.
	76	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	77	+	Section 1. Sections 24-1-61 and 24-1-66, Code of
	78	+	Alabama 1975, are amended to read as follows:
	79	+	"§24-1-61
	80	+	The For the purposes of this article, the following
	81	+	terms, wherever used or referred to in this article shall have
	82	+	the following respective meaning, unless a different meaning
	83	+	clearly appears from the context have the following meanings :
	84	+	(1) AUTHORITY or HOUSING AUTHORITY. A public body
	85	+	organized as a body corporate and politic in accordance with
	86	+	the provisions of this article for the purposes, with the
69	87		powers, and subject to the restrictions set forth in this
70	88		article.
71	89		(2)(5) COUNTY. All of the county except that any
72	90		portion which lies within the territorial boundaries of any
73	91		city or incorporated town municipality.
74	92		(3)(6) COUNTY COMMISSION. The governing body of any
75	93		county.
76	94		(4)(9) HOUSING COMMISSIONER. One of the members of an
77	95		authority appointed in accordance with the provisions of this
78		-	article.
79		-	(5)(8) GOVERNMENT. Such term shall include the The
80		-	state and or federal governments and or any subdivision,
81		-	agency, or instrumentality, corporate or otherwise, of either
82		-	of them.
83		-	(6)(16) STATE. The State of Alabama.
84		-	(7) FEDERAL GOVERNMENT. Such term shall include the The
85		-	United States of America, the federal Secretary United States
86		-	Department of Housing and Urban Development , or any agency,
87		-	instrumentality, corporate or otherwise, of the United States
88		-	of America.
89		-	(8)(10) HOUSING PROJECT. Such term shall include all
90		-	All real and personal property, buildings and improvements,
91		-	stores, offices, public school buildings, lands for farming
92		-	and gardening, and community facilities acquired or
93		-	constructed, or to be acquired or constructed, pursuant to a
94		-	single plan of undertaking to demolish, clear, remove, alter,
95		-	or repair unsanitary or unsafe housing or to provide urban or
96		-	rural dwelling accommodations at rentals within the means of
97		-	persons of low income. The term "housing project" may also be
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125		-	56 HB406 ~~Engrossed~~
	123	+	56 HB406 INTRODUCED
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	125	+	authority appointed in accordance with the provisions of this
	126	+	article.
	127	+	(5)(8) GOVERNMENT. Such term shall include the The
	128	+	state and or federal governments and or any subdivision,
	129	+	agency, or instrumentality, corporate or otherwise, of either
	130	+	of them.
	131	+	(6)(16) STATE. The State of Alabama.
	132	+	(7) FEDERAL GOVERNMENT. Such term shall include the The
	133	+	United States of America, the federal Secretary United States
	134	+	Department of Housing and Urban Development , or any agency,
	135	+	instrumentality, corporate or otherwise, of the United States
	136	+	of America.
	137	+	(8)(10) HOUSING PROJECT. Such term shall include all
	138	+	All real and personal property, buildings and improvements,
	139	+	stores, offices, public school buildings, lands for farming
	140	+	and gardening, and community facilities acquired or
	141	+	constructed, or to be acquired or constructed, pursuant to a
	142	+	single plan of undertaking to demolish, clear, remove, alter,
	143	+	or repair unsanitary or unsafe housing or to provide urban or
	144	+	rural dwelling accommodations at rentals within the means of
127	145		persons of low income. The term "housing project" may also be
128	146		applied to the planning of the buildings and improvements ,;
129	147		the acquisition of property ,; the demolition of existing
130	148		structures,; the construction, reconstruction, alteration, and
131	149		repair of the improvements ; and all other work in connection
132	150		therewith.
133	151		(9)(3) COMMUNITY FACILITIES. Such term shall include
134	152		real Real and personal property and buildings and equipment
135	153		for recreational or social assemblies ,; for educational,
136		-	health, or welfare purposes ; and necessary utilities, when
137		-	designed primarily for the benefit and use of the occupants of
138		-	the dwelling accommodations.
139		-	(10)(14) PERSONS OF LOW INCOME. Persons Individuals
140		-	receiving less than the incomes determined by the authority as
141		-	the amount persons individuals must receive to enable them to
142		-	pay the rent necessary to secure safe, sanitary, and
143		-	uncongested dwelling accommodations, other than dwelling
144		-	accommodations provided by a public housing agency or
145		-	authority of the county, within the boundaries of the
146		-	authority. Such determinations by the authority from time to
147		-	time shall be binding and conclusive for all purposes of this
148		-	article.
149		-	(11)(2) BONDS. Any bonds, interim certificates, notes,
150		-	debentures, warrants, or other obligations of the authority
151		-	issued pursuant to this article.
152		-	(12) MORTGAGE. Such term shall include deeds Deeds of
153		-	trust, mortgages, building and loan contracts, or other
154		-	instruments conveying real or personal property as security
155		-	for bonds and conferring a right to foreclose and cause a sale
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	181	+	84 HB406 INTRODUCED
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	183	+	for recreational or social assemblies ,; for educational,
	184	+	health, or welfare purposes ; and necessary utilities, when
	185	+	designed primarily for the benefit and use of the occupants of
	186	+	the dwelling accommodations.
	187	+	(10)(14) PERSONS OF LOW INCOME. Persons Individuals
	188	+	receiving less than the incomes determined by the authority as
	189	+	the amount persons individuals must receive to enable them to
	190	+	pay the rent necessary to secure safe, sanitary, and
	191	+	uncongested dwelling accommodations, other than dwelling
	192	+	accommodations provided by a public housing agency or
	193	+	authority of the county, within the boundaries of the
	194	+	authority. Such determinations by the authority from time to
	195	+	time shall be binding and conclusive for all purposes of this
	196	+	article.
	197	+	(11)(2) BONDS. Any bonds, interim certificates, notes,
	198	+	debentures, warrants, or other obligations of the authority
	199	+	issued pursuant to this article.
	200	+	(12) MORTGAGE. Such term shall include deeds Deeds of
	201	+	trust, mortgages, building and loan contracts, or other
	202	+	instruments conveying real or personal property as security
185	203		for bonds and conferring a right to foreclose and cause a sale
186	204		thereof.
187	205		(13)(17) TRUST INDENTURE. Such term shall include
188	206		instruments Instruments pledging the revenues of real or
189	207		personal properties, but not conveying such properties or
190	208		conferring a right to foreclose and cause a sale thereof.
191	209		(14)(4) CONTRACT. Any agreement of an authority with or
192	210		for the benefit of an obligee, whether contained in a
193	211		resolution, trust indenture, mortgage, lease, bond, or other
194		-	instrument.
195		-	(15) REAL PROPERTY. Such term shall include lands Lands,
196		-	lands under water, structures, and any and all easements,
197		-	franchises and incorporeal hereditaments and every estate and
198		-	right therein, legal and equitable, including terms for years
199		-	and liens by way of judgment, mortgage or otherwise, but only
200		-	so far as such may, from time to time, be treated as real
201		-	property by the laws of Alabama applicable to other persons or
202		-	corporations.
203		-	(16)(13) OBLIGEE OF THE AUTHORITY or OBLIGEE. Such term
204		-	shall include any Any bondholder, trustee, or trustees for any
205		-	bondholders, any lessor demising property to the authority
206		-	used in connection with a housing project or any assignee or
207		-	assignees of such lessor's interest, or any part thereof, and
208		-	the United States of America, when it is a party to any
209		-	contract with the authority.
210		-	(11) MIXED-USE PROJECT. Any development project that
211		-	provides more than one use or purpose within a shared building
212		-	or development and which may include any combination of
213		-	housing, lodging, office, retail, medical, recreational,
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	241	+	resolution, trust indenture, mortgage, lease, bond, or other
	242	+	instrument.
	243	+	(15) REAL PROPERTY. Such term shall include lands Lands,
	244	+	lands under water, structures, and any and all easements,
	245	+	franchises and incorporeal hereditaments and every estate and
	246	+	right therein, legal and equitable, including terms for years
	247	+	and liens by way of judgment, mortgage or otherwise, but only
	248	+	so far as such may, from time to time, be treated as real
	249	+	property by the laws of Alabama applicable to other persons or
	250	+	corporations.
	251	+	(16)(13) OBLIGEE OF THE AUTHORITY or OBLIGEE. Such term
	252	+	shall include any Any bondholder, trustee, or trustees for any
	253	+	bondholders, any lessor demising property to the authority
	254	+	used in connection with a housing project or any assignee or
	255	+	assignees of such lessor's interest, or any part thereof, and
	256	+	the United States of America, when it is a party to any
	257	+	contract with the authority.
	258	+	(11) MIXED-USE PROJECT. Any development project that
	259	+	provides more than one use or purpose within a shared building
	260	+	or development and which may include any combination of
243	261		housing, lodging, office, retail, medical, recreational,
244	262		commercial, governmental, industrial, or other components. "
245	263		"§24-1-66
246	264		(a) An authority shall constitute a public body and a
247	265		body corporate and politic exercising public powers , and
248	266		having all the powers necessary or convenient to carry out and
249	267		effectuate the purposes and provisions of this article,
250	268		including the following powers in addition to others granted
251	269		in this article:
252		-	(1) To investigate into living, dwelling, and or
253		-	housing conditions and into the means and methods of improving
254		-	such conditions;.
255		-	(2) To determine where unsafe or unsanitary dwelling,
256		-	public school, or housing conditions exist ;.
257		-	(3) To study and make recommendations concerning the
258		-	plan of the county in relation related to the problem of
259		-	clearing, replanning, and reconstruction of areas in which
260		-	unsafe or unsanitary dwelling, public school, or housing
261		-	conditions exist , and; the provision of dwelling
262		-	accommodations for persons of low income , and to cooperate ;
263		-	and cooperation with the county or any regional planning
264		-	agency;.
265		-	(4) To prepare, carry out, and or operate housing
266		-	projects;.
267		-	(5) To provide for the construction, reconstruction,
268		-	improvement, alteration, or repair of any housing project or
269		-	any part thereof;of a housing project.
270		-	(6) To take over by purchase, lease, or otherwise any
271		-	housing project undertaken by any government or by the
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	297	+	140 HB406 INTRODUCED
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	299	+	in this article:
	300	+	(1) To investigate into living, dwelling, and or
	301	+	housing conditions and into the means and methods of improving
	302	+	such conditions;.
	303	+	(2) To determine where unsafe or unsanitary dwelling,
	304	+	public school, or housing conditions exist ;.
	305	+	(3) To study and make recommendations concerning the
	306	+	plan of the county in relation related to the problem of
	307	+	clearing, replanning, and reconstruction of areas in which
	308	+	unsafe or unsanitary dwelling, public school, or housing
	309	+	conditions exist , and; the provision of dwelling
	310	+	accommodations for persons of low income , and to cooperate ;
	311	+	and cooperation with the county or any regional planning
	312	+	agency;.
	313	+	(4) To prepare, carry out, and or operate housing
	314	+	projects;.
	315	+	(5) To provide for the construction, reconstruction,
	316	+	improvement, alteration, or repair of any housing project or
	317	+	any part thereof;of a housing project.
	318	+	(6) To take over by purchase, lease, or otherwise any
301	319		housing project undertaken by any government or by the
302	320		county;.
303	321		(7) To manage as agent of the county any housing
304	322		project constructed or owned by the county ;.
305	323		(8) To act as agent for the federal government in
306	324		connection with the acquisition, construction, operation, or
307	325		management of a housing project or any part thereof;of a
308	326		housing project.
309	327		(9) To arrange with any city or town or the county or
310		-	with a any other government for the furnishing, planning,
311		-	replanning, opening , or closing of streets, roads, roadways,
312		-	alleys, or other places, or facilities, or for the acquisition
313		-	by the county or a another government, of property, options or
314		-	property rights, or for the furnishing of property or services
315		-	in connection with a project ;.
316		-	(10) To lease or rent any of the dwelling or dwellings,
317		-	other accommodations or any of the, lands, buildings,
318		-	structures, or facilities embraced in any housing project or
319		-	community facility and to establish and or revise the rents or
320		-	charges therefor;.
321		-	(11) To enter upon any building or property in order to
322		-	conduct investigations or to make surveys or soundings ;.
323		-	(12) To purchase, lease, obtain options upon, acquire
324		-	by eminent domain, gift, grant, bequest, or devise, or
325		-	otherwise, any property, real or personal, or any interest
326		-	therein in property from any person, firm, corporation, city,
327		-	county, or government; entity.
328		-	(13) To sell, exchange, transfer, assign , or pledge any
329		-	property, real or personal, or any interest therein in
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	355	+	168 HB406 INTRODUCED
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	357	+	(9) To arrange with any city or town or the county or
	358	+	with a any other government for the furnishing, planning,
	359	+	replanning, opening , or closing of streets, roads, roadways,
	360	+	alleys, or other places, or facilities, or for the acquisition
	361	+	by the county or a another government, of property, options or
	362	+	property rights, or for the furnishing of property or services
	363	+	in connection with a project ;.
	364	+	(10) To lease or rent any of the dwelling or dwellings,
	365	+	other accommodations or any of the, lands, buildings,
	366	+	structures, or facilities embraced in any housing project or
	367	+	community facility and to establish and or revise the rents or
	368	+	charges therefor;.
	369	+	(11) To enter upon any building or property in order to
	370	+	conduct investigations or to make surveys or soundings ;.
	371	+	(12) To purchase, lease, obtain options upon, acquire
	372	+	by eminent domain, gift, grant, bequest, or devise, or
	373	+	otherwise, any property, real or personal, or any interest
	374	+	therein in property from any person, firm, corporation, city,
	375	+	county, or government; entity.
	376	+	(13) To sell, exchange, transfer, assign , or pledge any
359	377		property, real or personal, or any interest therein in
360	378		property to any person, firm, corporation, city, county, or
361	379		government;entity.
362	380		(14) To own, hold, clear, and or improve property ;.
363	381		(15) To insure or provide for the insurance of the
364	382		property or operations of the authority against such risks as
365	383		the authority may deem advisable ;.
366	384		(16) To procure insurance or guarantees from the
367	385		federal government of the payment of any debts, or parts
368		-	thereofof debts, secured by mortgages made or held by the
369		-	authority on any property included in any housing project ;.
370		-	(17) To borrow money upon its bonds, notes, warrants,
371		-	debentures, or other evidences of indebtedness and to secure
372		-	the same by pledges of its revenues, and, subject to the
373		-	limitations hereinafter imposed by this article , by mortgages
374		-	upon property held or to be held by it, or in any other
375		-	manner;.
376		-	(18) In connection with any loan, to agree to
377		-	limitations upon its right to dispose of any housing project,
378		-	or part thereof, of a housing project or to undertake
379		-	additional housing projects ;.
380		-	(19) In connection with any loan by a government, to
381		-	agree to limitations upon the exercise of any powers conferred
382		-	upon the authority by this article ;.
383		-	(20) To invest any funds held in reserves or, sinking
384		-	funds, or any funds not required for immediate disbursement ,
385		-	in property or securities in which savings banks may legally
386		-	invest funds subject to their control ;.
387		-	(21) To sue and be sued ;.
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415		-	196 HB406 ~~Engrossed~~
	413	+	196 HB406 INTRODUCED
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	415	+	federal government of the payment of any debts, or parts
	416	+	thereofof debts, secured by mortgages made or held by the
	417	+	authority on any property included in any housing project ;.
	418	+	(17) To borrow money upon its bonds, notes, warrants,
	419	+	debentures, or other evidences of indebtedness and to secure
	420	+	the same by pledges of its revenues, and, subject to the
	421	+	limitations hereinafter imposed by this article , by mortgages
	422	+	upon property held or to be held by it, or in any other
	423	+	manner;.
	424	+	(18) In connection with any loan, to agree to
	425	+	limitations upon its right to dispose of any housing project,
	426	+	or part thereof, of a housing project or to undertake
	427	+	additional housing projects ;.
	428	+	(19) In connection with any loan by a government, to
	429	+	agree to limitations upon the exercise of any powers conferred
	430	+	upon the authority by this article ;.
	431	+	(20) To invest any funds held in reserves or, sinking
	432	+	funds, or any funds not required for immediate disbursement ,
	433	+	in property or securities in which savings banks may legally
	434	+	invest funds subject to their control ;.
417	435		(21) To sue and be sued ;.
418	436		(22) To have a seal and to alter the same at
419	437		pleasure;seal.
420	438		(23) To have perpetual succession ;.
421	439		(24) To make and execute contracts and or other
422	440		instruments necessary or convenient to the exercise of the
423	441		powers of the authority ;.
424	442		(25) To make and from time to time , amend and, or
425	443		repeal bylaws, rules, and or regulations, not inconsistent
426		-	with this article , to carry into effect the powers and or
427		-	purposes of the authority ;.
428		-	(26) To conduct examinations and or investigations and,
429		-	to hear testimony and, or to take proof under oath, at public
430		-	or private hearings, on any matter material for its
431		-	information;.
432		-	(27) To issue subpoenas requiring the attendance of
433		-	witnesses or the production of books and or papers, and to
434		-	issue commissions for the examination of witnesses who are out
435		-	of the state or, unable to attend before the authority, or
436		-	excused from attendance ;.
437		-	(28) To make available to such any agencies, boards, or
438		-	commissions as are charged with the duty of abating nuisances
439		-	or demolishing unsafe or unsanitary structures within its the
440		-	authority's territorial limits , its findings and
441		-	recommendations with regard to any building or property where
442		-	conditions exist which are dangerous to the public health,
443		-	morals, safety, or welfare ; and.
444		-	(29) To operate, manage, lease, convey, or otherwise
445		-	deal with any housing project, community facility, or
446	444		197
447	445		198
448	446		199
449	447		200
450	448		201
451	449		202
452	450		203
453	451		204
454	452		205
455	453		206
456	454		207
457	455		208
458	456		209
459	457		210
460	458		211
461	459		212
462	460		213
463	461		214
464	462		215
465	463		216
466	464		217
467	465		218
468	466		219
469	467		220
470	468		221
471	469		222
472	470		223
473		-	224 HB406 ~~Engrossed~~
	471	+	224 HB406 INTRODUCED
474	472		Page 9
	473	+	repeal bylaws, rules, and or regulations, not inconsistent
	474	+	with this article , to carry into effect the powers and or
	475	+	purposes of the authority ;.
	476	+	(26) To conduct examinations and or investigations and,
	477	+	to hear testimony and, or to take proof under oath, at public
	478	+	or private hearings, on any matter material for its
	479	+	information;.
	480	+	(27) To issue subpoenas requiring the attendance of
	481	+	witnesses or the production of books and or papers, and to
	482	+	issue commissions for the examination of witnesses who are out
	483	+	of the state or, unable to attend before the authority, or
	484	+	excused from attendance ;.
	485	+	(28) To make available to such any agencies, boards, or
	486	+	commissions as are charged with the duty of abating nuisances
	487	+	or demolishing unsafe or unsanitary structures within its the
	488	+	authority's territorial limits , its findings and
	489	+	recommendations with regard to any building or property where
	490	+	conditions exist which are dangerous to the public health,
	491	+	morals, safety, or welfare ; and.
	492	+	(29) To operate, manage, lease, convey, or otherwise
475	493		deal with any housing project, community facility, or
476	494		mixed-use project upon terms the authority deems appropriate,
477	495		useful, or expedient, regardless of who owns, will own, or
478	496		will acquire the project or facility.
479	497		(30) To participate in any lawful form of business
480	498		organization which may be involved in the development or
481	499		operational activities of any buildings, structures,
482	500		facilities, or other improvements constituting a housing
483	501		project, community facility, or mixed-use project that the
484		-	board of directors of the authority determines are
485		-	appropriate, useful, or expedient to the authority's purposes.
486		-	An authority shall have the power to appoint an individual to
487		-	a governing body or to enter into a contract or other
488		-	agreement with another party for the development, operation,
489		-	design, marketing, maintenance, financing, leasing, or use of
490		-	any housing project, community facility, or mixed-use project
491		-	upon terms the authority's board of directors determines are
492		-	appropriate, useful, or expedient to the authority's purposes.
493		-	Any determination by the board of directors shall be
494		-	conclusive. A business organization, affiliate, or subsidiary
495		-	not wholly owned by the authority, or a partnership entered
496		-	into or created by the authority with a private business
497		-	entity, shall not have the power of eminent domain.
498		-	(31) To make or arrange for loans, contributions to
499		-	capital, or other debt or equity financing for the activities
500		-	of any lawful business organization of which the authority is
501		-	a member; to guarantee loans, issue bonds, or incur other
502		-	forms of indebtedness on behalf of any lawful business
503		-	organization of which the authority is a member; or to loan
504	502		225
505	503		226
506	504		227
507	505		228
508	506		229
509	507		230
510	508		231
511	509		232
512	510		233
513	511		234
514	512		235
515	513		236
516	514		237
517	515		238
518	516		239
519	517		240
520	518		241
521	519		242
522	520		243
523	521		244
524	522		245
525	523		246
526	524		247
527	525		248
528	526		249
529	527		250
530	528		251
531		-	252 HB406 ~~Engrossed~~
	529	+	252 HB406 INTRODUCED
532	530		Page 10
	531	+	project, community facility, or mixed-use project that the
	532	+	board of directors of the authority determines are
	533	+	appropriate, useful, or expedient to the authority's purposes.
	534	+	An authority shall have the power to appoint an individual to
	535	+	a governing body or to enter into a contract or other
	536	+	agreement with another party for the development, operation,
	537	+	design, marketing, maintenance, financing, leasing, or use of
	538	+	any housing project, community facility, or mixed-use project
	539	+	upon terms the authority's board of directors determines are
	540	+	appropriate, useful, or expedient to the authority's purposes.
	541	+	Any determination by the board of directors shall be
	542	+	conclusive.
	543	+	(31) To make or arrange for loans, contributions to
	544	+	capital, or other debt or equity financing for the activities
	545	+	of any lawful business organization of which the authority is
	546	+	a member; to guarantee loans, issue bonds, or incur other
	547	+	forms of indebtedness on behalf of any lawful business
533	548		organization of which the authority is a member; or to loan
534	549		funds to other entities upon terms the authority determines
535	550		are appropriate, useful, or expedient for the authority's
536	551		purposes. Any determination by the board of directors shall be
537	552		conclusive. Any agreements or contracts entered into by an
538	553		authority shall be subject to Section 24-1-40.
539	554		(32) To create, establish, acquire, operate, or support
540	555		for profit or not-for-profit subsidiaries or affiliates to
541	556		assist the authority in fulfilling its purposes.
542	557		(33) To create, establish, or support other
543	558		non-affiliated lawful business organizations that further the
544	559		authority's purposes.
545		-	(34) To accomplish or facilitate the creation,
546		-	establishment, acquisition, development, operation, or support
547		-	of any subsidiary, affiliate, or other non-affiliated lawful
548		-	business organization by means of loans of funds, leases of
549		-	real or personal property, gifts, or grants of funds or
550		-	guarantees of indebtedness, or contractual performance of
551		-	subsidiaries, affiliates, or non-affiliated public or private
552		-	parties.
553		-	(35) To enter contracts, agreements, or understandings
554		-	with any other party, including, but not limited to, any of
555		-	the following:
556		-	a. Design-build, design-build-operate,
557		-	design-build-own-operate, design-build-own-operate-maintain,
558		-	design-build-finance-operate-maintain, or other similar
559		-	arrangements or agreements pursuant to which the design,
560		-	right-of-way acquisition, relocation of structures or
561		-	utilities, construction, financing, ownership, management,
562	560		253
563	561		254
564	562		255
565	563		256
566	564		257
567	565		258
568	566		259
569	567		260
570	568		261
571	569		262
572	570		263
573	571		264
574	572		265
575	573		266
576	574		267
577	575		268
578	576		269
579	577		270
580	578		271
581	579		272
582	580		273
583	581		274
584	582		275
585	583		276
586	584		277
587	585		278
588	586		279
589		-	280 HB406 ~~Engrossed~~
	587	+	280 HB406 INTRODUCED
590	588		Page 11
	589	+	authority's purposes.
	590	+	(34) To accomplish or facilitate the creation,
	591	+	establishment, acquisition, development, operation, or support
	592	+	of any subsidiary, affiliate, or other non-affiliated lawful
	593	+	business organization by means of loans of funds, leases of
	594	+	real or personal property, gifts, or grants of funds or
	595	+	guarantees of indebtedness, or contractual performance of
	596	+	subsidiaries, affiliates, or non-affiliated public or private
	597	+	parties.
	598	+	(35) To enter contracts, agreements, or understandings
	599	+	with any other party, including, but not limited to, any of
	600	+	the following:
	601	+	a. Design-build, design-build-operate,
	602	+	design-build-own-operate, design-build-own-operate-maintain,
	603	+	design-build-finance-operate-maintain, or other similar
	604	+	arrangements or agreements pursuant to which the design,
	605	+	right-of-way acquisition, relocation of structures or
591	606		utilities, construction, financing, ownership, management,
592	607		maintenance, or operation of a housing project or community
593		-	facility is accomplished by or on behalf of the authority. To
594		-	the extent that an authority is using any state or local
595		-	public funds to pay for goods or services in connection with
596		-	this paragraph, the authority shall comply with Title 39.
	608	+	facility is accomplished by or on behalf of the authority.
597	609		b. Leases, licenses, franchises, concessions, or other
598	610		agreements for the development, operation, management,
599	611		financing, or undertaking of all or any part of a housing
600	612		project or community facility on or on behalf of the
601	613		authority.
602	614		(29)(36) To do all things necessary or convenient to
603	615		carry out the powers given in this article.
604	616		(b) Any of the investigations or examinations provided
605	617		for in this article may be conducted by the authority , or; by
606		-	a committee appointed by it, the authority consisting of one
607		-	or more housing commissioners , or; by counsel; or by an
608		-	officer or employee specially specifically authorized by the
609		-	authority to conduct it. Any housing commissioner, counsel for
610		-	the authority, or any other person designated by it the
611		-	authority to conduct an investigation or examination shall
612		-	have power to may administer oaths, take affidavits, and or
613		-	issue subpoenas or commissions.
614		-	(c)(1) An authority may exercise any or all of the
615		-	powers conferred upon it in this article , either generally or ,
616		-	with respect to any specific housing project or
617		-	projectscommunity facility , through or by an agent or agents
618		-	which it may designate, including any corporation or
619		-	corporations which are lawful form of business organization
620	618		281
621	619		282
622	620		283
623	621		284
624	622		285
625	623		286
626	624		287
627	625		288
628	626		289
629	627		290
630	628		291
631	629		292
632	630		293
633	631		294
634	632		295
635	633		296
636	634		297
637	635		298
638	636		299
639	637		300
640	638		301
641	639		302
642	640		303
643	641		304
644	642		305
645	643		306
646	644		307
647		-	308 HB406 ~~Engrossed~~
	645	+	308 HB406 INTRODUCED
648	646		Page 12
	647	+	for in this article may be conducted by the authority , or; by
	648	+	a committee appointed by it, the authority consisting of one
	649	+	or more housing commissioners , or; by counsel; or by an
	650	+	officer or employee specially specifically authorized by the
	651	+	authority to conduct it. Any housing commissioner, counsel for
	652	+	the authority, or any other person designated by it the
	653	+	authority to conduct an investigation or examination shall
	654	+	have power to may administer oaths, take affidavits, and or
	655	+	issue subpoenas or commissions.
	656	+	(c)(1) An authority may exercise any or all of the
	657	+	powers conferred upon it in this article , either generally or ,
	658	+	with respect to any specific housing project or
	659	+	projectscommunity facility , through or by an agent or agents
	660	+	which it may designate, including any corporation or
649	661		corporations which are lawful form of business organization
650	662		that is or shall may be formed under the laws of this state,
651	663		and for such purposes an authority may cause one or more
652	664		corporations any lawful form of business organization to be
653	665		formed under the laws of this state or may acquire the capital
654	666		stock of any corporation or corporations equity interest in any
655	667		lawful form of business organization .
656	668		(2) Any corporate agent, all of the stock of which
657	669		shall be solely owned by the authority or its nominee or
658	670		nominees, may, to the extent permitted by law, may exercise
659	671		any of the powers conferred upon the authority in this
660	672		article.
661	673		(3) Any corporate agent established under this section
662	674		that satisfies each of the following criteria shall constitute
663	675		a governmental entity under Chapter 93 of Title 11 and any
664		-	suits in torts against the agent shall be subject to the
665		-	limitations and provisions of Chapter 93 of Title 11, as
666		-	applicable to each corporate agent whose assets, operations,
667		-	and management are legally and effectively controlled by the
668		-	housing authority and through which the housing authority's
669		-	functions or policies are implemented:
670		-	a. The housing authority's board of commissioners
671		-	constitutes all of the board of directors of the corporate
672		-	agent.
673		-	b. The housing authority's executive director serves as
674		-	the president of the corporate agent.
675		-	c. The organizational documents of the corporate agent
676		-	contain provisions that in the event of a change in the
677		-	controlling interests of the corporate agent, all public
678	676		309
679	677		310
680	678		311
681	679		312
682	680		313
683	681		314
684	682		315
685	683		316
686	684		317
687	685		318
688	686		319
689	687		320
690	688		321
691	689		322
692	690		323
693	691		324
694	692		325
695	693		326
696	694		327
697	695		328
698	696		329
699	697		330
700	698		331
701	699		332
702	700		333
703	701		334
704	702		335
705		-	336 HB406 ~~Engrossed~~
	703	+	336 HB406 INTRODUCED
706	704		Page 13
	705	+	a governmental entity under Chapter 93 of Title 11 and any
	706	+	suits in torts against the agent shall be subject to the
	707	+	limitations and provisions of Chapter 93 of Title 11, as
	708	+	applicable to each corporate agent whose assets, operations,
	709	+	and management are legally and effectively controlled by the
	710	+	housing authority and through which the housing authority's
	711	+	functions or policies are implemented:
	712	+	a. The housing authority's board of commissioners
	713	+	constitutes all of the board of directors of the corporate
	714	+	agent.
	715	+	b. The housing authority's executive director serves as
	716	+	the president of the corporate agent.
	717	+	c. The organizational documents of the corporate agent
	718	+	contain provisions that in the event of a change in the
707	719		controlling interests of the corporate agent, all public
708	720		housing assets of the corporate agent are returned to the
709	721		housing authority.
710	722		d. The sole purpose for which the corporate agent is
711	723		formed and authorized is to develop, own, manage, operate, or
712	724		maintain the housing authority's real property that serves as
713	725		dwelling accommodations for persons of low income or as a
714	726		community facility, including any real property the housing
715	727		authority transfers to the corporate agent for the
716	728		aforementioned purpose.
717	729		(d) In addition to all of the other powers conferred
718	730		upon it in this section, an authority may do all things
719	731		necessary and convenient to carry out the powers expressly
720	732		given in this article. No provisions with respect to the
721	733		acquisition, operation, or disposition of property by other
722		-	public bodies shall be applicable to an authority, unless the
723		-	Legislature shall specifically so stateprovided by the
724		-	Legislature.
725		-	(e) Any previous creation, establishment,
726		-	incorporation, or formation by any authority of any business
727		-	entity wholly owned by the authority, together with all
728		-	proceedings, acts, or other things undertaken, performed, or
729		-	done by the entity prior to June 1, 2024, are validated,
730		-	ratified, confirmed, approved, and declared legal in all
731		-	respects.
732		-	(f) To the extent that an authority is using any state
733		-	or local funds, evaluation criteria for a contract procured
734		-	pursuant to this section shall be made in compliance with
735		-	Title 39."
736	734		337
737	735		338
738	736		339
739	737		340
740	738		341
741	739		342
742	740		343
743	741		344
744	742		345
745	743		346
746	744		347
747	745		348
748	746		349
749	747		350
750	748		351
751	749		352
752	750		353
753	751		354
754	752		355
755	753		356
756	754		357
757	755		358
758	756		359
759	757		360
760	758		361
761	759		362
762	760		363
763		-	364 HB406 ~~Engrossed~~
	761	+	364 HB406 INTRODUCED
764	762		Page 14
765		-	Title 39."
	763	+	acquisition, operation, or disposition of property by other
	764	+	public bodies shall be applicable to an authority, unless the
	765	+	Legislature shall specifically so stateprovided by the
	766	+	Legislature.
	767	+	(e) Any previous creation, establishment,
	768	+	incorporation, or formation by any authority of any business
	769	+	entity wholly owned by the authority, together with all
	770	+	proceedings, acts, or other things undertaken, performed, or
	771	+	done by the entity prior to June 1, 2024, are validated,
	772	+	ratified, confirmed, approved, and declared legal in all
	773	+	respects.
	774	+	(f) Notwithstanding any provision of law to the
	775	+	contrary, proposals under this section may be evaluated or
	776	+	awarded by the authority based on the qualifications of
	777	+	participants or the best value, or both, as evaluated by the
	778	+	procedures of the authority and taking into consideration the
	779	+	best interests of the authority. Evaluation criteria for a
	780	+	contract procured pursuant to this subsection shall be set
	781	+	forth in the contract's request for proposal. A contract may
	782	+	also be awarded through any existing procurement authority,
	783	+	proposal, or any other means of procurement available to the
	784	+	authority."
766	785		Section 2. (a) All of the following shall be exempt
767		-	from all state ~~taxes~~:
	786	+	from all taxation in this state:
768	787		(1) A county housing authority and the authority's
769	788		property and income.
770	789		(2) Bonds issued by the authority.
771	790		(3) Income from bonds issued by the authority.
772	791		(4) Conveyances to or from the authority.
773		-	(5) Leases, mortgages, or deeds of trust to or from the
774		-	authority.
775		-	(b) An authority may be exempted from the taxes levied
776		-	by a county, municipality, or other political subdivision of
777		-	the state, including, but not limited to, deed taxes, mortgage
778		-	taxes, license taxes, or excise taxes. The exemption provided
779		-	by this subsection shall only apply if approved by a
780		-	resolution or ordinance adopted by the local governing body.
781		-	(c) A county housing authority shall be exempt from all
782		-	fees, taxes, or other costs imposed by a judge of probate.
783		-	Section 3. This act shall become effective immediately.
784	792		365
785	793		366
786	794		367
787	795		368
788	796		369
789	797		370
790	798		371
791	799		372
792	800		373
793	801		374
794	802		375
795	803		376
796	804		377
797	805		378
798	806		379
799	807		380
800	808		381
801		-	382 HB406 Engrossed
802		-	Page 15
803		-	Section 3. This act shall become effective immediately.
804		-	House of Representatives
805		-	Read for the first time and referred
806		-	to the House of Representatives
807		-	committee on Ways and Means General
808		-	Fund
809		-	................02-Apr-24
810		-	Read for the second time and placed
811		-	on the calendar:
812		-	2 amendments
813		-	................25-Apr-24
814		-	Read for the third time and passed
815		-	as amended
816		-	Yeas 101
817		-	Nays 0
818		-	Abstains 1
819		-	................30-Apr-24
820		-	John Treadwell
821		-	Clerk
	809	+	382
822	810		383
823	811		384
824	812		385
825	813		386
826	814		387
827	815		388
828	816		389
829	817		390
830	818		391
831		-	392
	819	+	392 HB406 INTRODUCED
	820	+	Page 15
	821	+	(4) Conveyances to or from the authority.
	822	+	(5) Leases, mortgages, or deeds of trust to or from the
	823	+	authority.
	824	+	(b) An authority shall be exempt from all taxes levied
	825	+	by any county, municipality, or other political subdivision of
	826	+	the state, including, but not limited to, deed taxes, mortgage
	827	+	taxes, license taxes, or excise taxes.
	828	+	(c) A county housing authority shall be exempt from all
	829	+	fees, taxes, or other costs imposed by a judge of probate.
	830	+	(d) The exemptions created pursuant to this section
	831	+	shall apply to any wholly-owned subsidiary of a county housing
	832	+	authority.
	833	+	Section 3. This act shall become effective immediately.
832	834		393
833	835		394
834	836		395
835	837		396
836	838		397
837	839		398
838	840		399
839	841		400
840	842		401
841	843		402
842	844		403
843	845		404