AL
Alabama House Bill HB417

Alabama 2024 Regular Session

Alabama House Bill HB417 Compare Versions

Only one version of the bill is available at this time.
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11 HB417INTRODUCED
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33 HB417
44 T4EX599-1
55 By Representatives Crawford, Treadaway, Hulsey, Tillman, Moore
66 (M), Travis, DuBose, Hendrix, Fincher, Easterbrook, Bolton,
77 Standridge, Fidler, Faulkner, Smith, Shaw, Hollis, Rafferty,
88 Ingram, Mooney, Bracy
99 RFD: Economic Development and Tourism
1010 First Read: 04-Apr-24
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1818 8 T4EX599-1 03/28/2024 ZAK (L)cr 2024-1294
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2020 First Read: 04-Apr-24
2121 SYNOPSIS:
2222 Under existing law, a county may establish an
2323 agriculture authority to construct and operate
2424 facilities to promote agricultural businesses,
2525 operations, commodities, workforce development, and
2626 economic development in the county.
2727 Also under existing law, economic development
2828 organizations may receive incentives for certain
2929 projects undertaken in this state for the betterment of
3030 this state's economy.
3131 This bill would provide for the creation of the
3232 Agriculture Exhibition Center Corporation to operate
3333 the Alabama Farm Center and vest the corporation with
3434 certain powers and privileges.
3535 This bill would provide for the composition and
3636 operation of a board of directors to govern the
3737 corporation.
3838 This bill would permit certain counties and
3939 municipalities to sell property and appropriate public
4040 funds to the corporation.
4141 This bill would permit the corporation to allow
4242 the consumption of alcohol on the center's premises.
4343 This bill would exempt the corporation and its
4444 property from municipal ordinances and rules.
4545 This bill would exempt the corporation and its
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7575 This bill would exempt the corporation and its
7676 property from certain state, county, and municipal
7777 taxes.
7878 This bill would provide that the Alabama Farm
7979 Center is an economic development organization for the
8080 purposes of the Growing Alabama Act.
8181 A BILL
8282 TO BE ENTITLED
8383 AN ACT
8484 Relating to agriculture; to authorize the creation of
8585 the Agriculture Exhibition Center Corporation to operate the
8686 Alabama Farm Center; to create and provide for the operation
8787 of a board to govern the corporation; to provide specific
8888 powers and privileges to the corporation; to permit certain
8989 counties and municipalities to sell property and appropriate
9090 public funds to the corporation; to exempt the corporation
9191 from municipal ordinances; to exempt the corporation from
9292 certain taxes; and to deem the Agriculture Exhibition Center
9393 Corporation an economic development organization for the
9494 purposes of the Growing Alabama Act.
9595 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
9696 Section 1. (a) The Agriculture Exhibition Center
9797 Corporation may be established and created by any number of
9898 individuals associated with an agricultural membership
9999 advocacy organization filing articles of incorporation in the
100100 office of the judge of probate of the county in which the
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130130 office of the judge of probate of the county in which the
131131 Alabama Farm Center will be located.
132132 (b) The Agriculture Exhibition Center Corporation shall
133133 operate the Alabama Farm Center for the purposes of promoting,
134134 showcasing, and facilitating education regarding all facets of
135135 the agricultural industry and advancing agricultural business
136136 and workforce development in this state.
137137 (c) The Agriculture Exhibition Center Corporation shall
138138 be governed by, and all powers of the corporation shall be
139139 exercised by, pursuant to the corporation's authorization, a
140140 board of directors that shall have five members appointed as
141141 follows, subject to confirmation by the Senate:
142142 (1) One member appointed by the Governor.
143143 (2) One member appointed by the Commissioner of
144144 Agriculture and Industries.
145145 (3) One member appointed by the county commission of
146146 the county in which the Alabama Farm Center will be located
147147 who shall be a farmer and resident of that county.
148148 (4) Two members appointed by the Alabama Farmers
149149 Federation who shall each be a farmer. One appointee shall
150150 reside in any county north of or in Pickens, Tuscaloosa, Bibb,
151151 Shelby, Coosa, Tallapoosa, or Chambers County; and the other
152152 appointee shall reside in any county south of or in Sumter,
153153 Greene, Hale, Perry, Chilton, Elmore, Macon, or Lee County.
154154 (d) The appointing authorities shall coordinate their
155155 appointments to assure that the membership of the board is
156156 inclusive and reflects the racial, gender, geographic, urban,
157157 rural, and economic diversity of this state.
158158 (e) Each member shall serve a term of five years,
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188188 (e) Each member shall serve a term of five years,
189189 except the initial members shall serve terms as follows:
190190 (1) The member appointed by the Governor shall serve a
191191 term of one year.
192192 (2) The member appointed by the Commissioner of
193193 Agriculture and Industries shall serve a term of two years.
194194 (3) The member appointed by the county commission of
195195 the county in which the Alabama Farm Center will be located
196196 shall serve a term of three years.
197197 (4) One member appointed by the Alabama Farmers
198198 Federation shall serve a term of four years and the other
199199 member appointed by the federation shall serve a term of five
200200 years, as determined by the federation at the time of the
201201 members' appointments.
202202 (f) The board shall elect a chair, who shall be a
203203 farmer, and a secretary from among its membership.
204204 (g) Any vacancy on the board shall be filled by the
205205 appointing authority who appointed the vacating member. Any
206206 member may be removed for cause upon a majority vote by all
207207 other members.
208208 (h) No member may have an interest, directly or
209209 indirectly, in any contract for work, materials, or services,
210210 or profits therefrom, to be performed under the authority
211211 conferred by this act if the member, directly or indirectly,
212212 has more than a 10 percent interest in any business, firm,
213213 corporation, or profits thereof, furnishing or providing the
214214 work, materials, or services.
215215 (i) The board may appoint an advisory council
216216 consisting of not more than 10 members to advise the board.
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246246 consisting of not more than 10 members to advise the board.
247247 Advisory-council members shall serve two-year terms and may be
248248 appointed to additional terms by the board.
249249 Section 2. (a) The Agriculture Exhibition Center
250250 Corporation shall have the following powers:
251251 (1) To adopt bylaws necessary for the implementation
252252 and administration of this act.
253253 (2) To institute and defend legal proceedings in any
254254 court of competent jurisdiction and proper venue; provided,
255255 however, that the corporation may not be sued in any trial
256256 court other than the courts of the county of incorporation;
257257 provided, further, that the officers, directors, agents, and
258258 employees of the corporation may not be sued for their actions
259259 on behalf of the corporation except for actions that are
260260 unreasonable or known by the individual to be unlawful or are
261261 performed with reckless disregard for the lawfulness of such
262262 actions.
263263 (3) To plan for construction and development of the
264264 Alabama Farm Center on property owned by the corporation.
265265 Construction and development may include, without limitation,
266266 any of the following:
267267 a. Buildings to hold offices for use by, and to house
268268 or accommodate public facilities of, any governmental entity.
269269 b. Streets, boulevards, walkways, parkways, parks, or
270270 other places of recreation.
271271 c. Monuments, statues, or other structures beautifying
272272 the Alabama Farm Center.
273273 d. Community houses, meeting houses, or auditoriums.
274274 e. Arenas, convention halls, sports facilities,
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304304 e. Arenas, convention halls, sports facilities,
305305 stadiums, hotels or other facilities for use as a transient
306306 guest housing facility, multifamily housing, dormitory
307307 housing, food courts or other food venue facilities, any
308308 facilities that provide for or support any public or private
309309 educational institution, and any other facilities related to
310310 or incidental to the foregoing.
311311 f. Music halls, art museums, art exhibits, or other
312312 exhibits for the advancement of the humanities and cultural
313313 development.
314314 g. Any other buildings, structures, facilities, and
315315 other improvements that the corporation determines are
316316 appropriate, useful, or expedient to the center's purposes.
317317 The determination of the corporation shall be conclusive.
318318 (4) To acquire property, both real and personal, and
319319 rights and interests in such property, by gift, grant, lease,
320320 or purchase.
321321 (5) To accept or receive gifts, bequests, and devises.
322322 (6) To have and use a corporate seal and alter the seal
323323 at its pleasure.
324324 (7) To appoint officers, agents, employees, and
325325 attorneys and to fix their compensation.
326326 (8) To hire professionals and enter into contracts for
327327 their services in designing and supervising the construction
328328 of any building, agriculture center, auditorium, arena, barn,
329329 convention hall, music hall, art museum, place of recreation,
330330 art exhibit, office building, or other structure that it
331331 desires to construct.
332332 (9) To make and enter into contracts and to execute all
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362362 (9) To make and enter into contracts and to execute all
363363 instruments necessary or convenient to lease or purchase and
364364 own real or personal property to be used for the furtherance
365365 of the purposes for which the center is created.
366366 (10) To plan for programs and exhibits in the center
367367 for the advancement of the agricultural, cultural, and
368368 workforce development interests of the residents of this
369369 state.
370370 (11) To accept pledges of revenues or grants of money
371371 from any person or governmental entity.
372372 (12) To sell and lease its property to any person or
373373 governmental entity.
374374 (13) To enter into financing agreements with federal or
375375 state agencies that may require the authority to mortgage its
376376 property.
377377 (14) To plan for programs and exhibits in the center
378378 for the advancement of agricultural and workforce development
379379 interests in this state.
380380 (15) To enter into long-term contracts or agreements
381381 for utility services.
382382 (16) To accept lease payments, loan repayments, or
383383 other compensation to or for the center or other public
384384 person.
385385 (17) To invest in bank deposits, U.S. Treasury bills,
386386 projects, instruments, real, personal, or mixed property, or
387387 any other investments as the corporation may from time to time
388388 determine to be appropriate and convenient to accomplish any
389389 purpose for which the center is organized, including works of
390390 internal improvement, interests in private or other corporate
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420420 internal improvement, interests in private or other corporate
421421 enterprises, loans of money or credit to individuals,
422422 associations, or other corporations; and to lend the
423423 corporation's credit, grant public money or things of value in
424424 aid of or to any individual, association, or other corporation
425425 whatsoever, or become a stockholder in any other corporation,
426426 association, or company by issuing bonds or otherwise, even
427427 though they may be in violation of Section 93 or Section 94 of
428428 the Constitution of Alabama of 2022, if done by the state or a
429429 subdivision thereof, notwithstanding the fact that any
430430 investment or action may involve the expenditure or
431431 appropriation of funds received from a public person. In
432432 particular, but not by way of limitation, the corporation may
433433 invest its funds, from whatever source, in the stock, bonds,
434434 debentures, notes, or other securities issued by any person
435435 locating a project in this state and may enter into contracts
436436 or options, including contracts or options for the conveyance,
437437 sale, or lease of property, to any such person and make direct
438438 grants of money, property, or services for the purpose of
439439 inducing the person to locate a project in this state.
440440 (18) To issue its bonds for the purpose of carrying out
441441 any of its powers and to apply proceeds from the sale of its
442442 bonds, whether heretofore or hereafter issued, not only for
443443 payment of interest thereon prior to and during the
444444 construction and equipment of any buildings, structures,
445445 facilities, or other improvements being financed thereby, but
446446 also for payment of interest thereon.
447447 (19) To mortgage and pledge any or all of its
448448 properties, both real and personal, or any part or parts
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478478 properties, both real and personal, or any part or parts
479479 thereof, as security for the payment of the principal of and
480480 the interest on any bonds so issued and any agreements made in
481481 connection therewith, whether then owned or thereafter
482482 acquired, and to pledge the revenues and receipts therefrom or
483483 from any thereof.
484484 (b) Contracts of the corporation shall be executed in
485485 the name of the corporation by the chair of the board and
486486 attested by the secretary of the board. The board may provide
487487 by resolution for a different form for the execution of a
488488 contract by an officer or agent other than the chair and
489489 secretary. A contract, irrespective of its form and of the
490490 persons executing the contract, shall not be binding unless
491491 the contract is authorized or ratified by the board.
492492 (c) The corporation may deposit its funds not needed to
493493 meet expenses or obligations in any bank or building and loan
494494 association, provided the deposit is fully insured by a
495495 federal corporation or agency of the federal government
496496 insuring deposits in financial institutions.
497497 (d) In addition to all other powers at any time
498498 conferred on it by this section or otherwise by law, the
499499 corporation shall have the following powers together with all
500500 powers incidental thereto or necessary to the discharge
501501 thereof in corporate form:
502502 (1) To participate: As a shareholder in any other
503503 corporation; as a joint venturer in a joint venture, whether
504504 the joint venture is to be memorialized contractually or
505505 through the formation of one or more separate business
506506 entities; as a general or limited partner in a limited
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536536 entities; as a general or limited partner in a limited
537537 partnership or a general partnership; as a member in a
538538 nonprofit corporation or limited liability company; or as a
539539 member of any other lawful form of business organization, that
540540 may be involved in the development or operational activities
541541 of any buildings, structures, facilities, and other
542542 improvements that the corporation determines are appropriate,
543543 useful, or expedient to the center's purposes. In connection
544544 with the foregoing, the corporation may elect or appoint an
545545 individual to a governing body and enter into contracts or
546546 other agreements with other parties for the development,
547547 operation, design, marketing, maintenance, and use of any
548548 facilities upon the terms as the corporation determines are
549549 appropriate, useful, or expedient to the center.
550550 (2) To make or arrange for loans, contributions to
551551 capital, and other debt and equity financing for the
552552 activities of any other corporation of which the corporation
553553 is a shareholder; any joint venture in which the corporation
554554 is a joint venture; any limited partnership or general
555555 partnership of which the corporation is a general or limited
556556 partnership; any nonprofit corporation in which the
557557 corporation is a member; or any other lawful form of business
558558 organization of which the corporation is a member; and to
559559 guarantee loans, issue bonds, or incur other forms of
560560 indebtedness on behalf of the corporation, joint venture,
561561 partnership, nonprofit corporation, or other business entity
562562 for such purposes.
563563 (3) To create, establish, acquire, operate, or support
564564 subsidiaries and affiliates, either for profit or nonprofit,
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594594 subsidiaries and affiliates, either for profit or nonprofit,
595595 to assist the center in fulfilling its purposes.
596596 (4) To create, establish, or support nonaffiliated for
597597 profit or nonprofit corporations or other lawful business
598598 organizations that operate and have as their purpose the
599599 furtherance of the center's purposes.
600600 (5) Without limiting the generality of the preceding
601601 subdivisions, to accomplish and facilitate the creation,
602602 establishment, acquisition, development, operation, or support
603603 of any subsidiary, affiliate, nonaffiliated corporation, or
604604 other lawful business organization by means of loans of funds,
605605 leases of real or personal property, gifts and grants of
606606 funds, or guarantees of indebtedness of the subsidiaries,
607607 affiliates, and non-affiliated corporations.
608608 (6)a. In addition to any other authority to enter into
609609 contracts, to enter into contracts, agreements, or
610610 understandings with any other public and private parties
611611 including, but not limited to, the following:
612612 1. Design-build, design-build-operate,
613613 design-build-own-operate, design-build-own-operate-maintain,
614614 design-build-finance-operate-maintain, or other similar
615615 arrangements or agreements pursuant to which the design,
616616 right-of-way acquisition, relocation of structures or
617617 utilities, construction, financing, ownership, management,
618618 maintenance, and operation, or any combination thereof of a
619619 project is accomplished by or on behalf of the corporation.
620620 2. Leases, licenses, franchises, concessions, or other
621621 agreements for the development, operation, management, or
622622 undertaking of all or any part of a project of or on behalf of
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652652 undertaking of all or any part of a project of or on behalf of
653653 the corporation.
654654 b. Notwithstanding any provision of law to the
655655 contrary, proposals under paragraph a. may be evaluated and
656656 awarded by the corporation based on qualifications of
657657 participants or best value, or both, as evaluated by
658658 procedures of the corporation and taking into consideration
659659 the best interests of the corporation. Evaluation criteria for
660660 a contract procured pursuant to the preceding sentence shall
661661 be set forth in the request for proposal for the contract. The
662662 contract may also be awarded through any existing procurement
663663 authority, proposals, or other means of procurement otherwise
664664 available to the corporation.
665665 Section 3. (a) Subject to the conditions,
666666 qualifications, and restrictions set forth in subsection (b),
667667 the Agriculture Exhibition Center Corporation may borrow money
668668 from any person or governmental entity. As security for any
669669 money borrowed, together with interest thereon, and any
670670 obligations incurred or assumed, the corporation may mortgage,
671671 pledge, or otherwise transfer and convey its real, personal,
672672 and mixed property, or any part or parts thereof, whether then
673673 owned or thereafter acquired, including any franchises then
674674 owned or thereafter adopted and all or any part of any funds
675675 of the corporation. In a resolution authorizing the mortgage
676676 given to secure the payment thereof, the corporation, in
677677 addition to its other powers, shall have the power to agree
678678 with the several holders of the mortgage to make, enter, and
679679 perform covenants and agreements as to all of the following:
680680 (1) The conduct, management, and maintenance of the
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710710 (1) The conduct, management, and maintenance of the
711711 properties held by the corporation or of the activities,
712712 operations, and enterprises then or thereafter conducted by
713713 the corporation.
714714 (2) Insurance of the properties of the corporation.
715715 (3) Restrictions on the exercise of the powers of the
716716 corporation to dispose or to limit or regulate the use of all
717717 or any part of the properties of the corporation.
718718 (4) The use and disposition of any monies of the
719719 corporation, including taxes payable to the corporation under
720720 any act of the Legislature and revenues derived or to be
721721 derived from the activities, operations, and enterprises of
722722 the properties of the corporation, including any part or parts
723723 theretofore constructed or acquired and any parts, extensions,
724724 replacements, or improvements thereafter constructed or
725725 acquired.
726726 (5) The setting aside of the taxes payable to the
727727 corporation under any act of the Legislature or use of the
728728 revenues or the monies of the corporation or reserves and
729729 sinking funds, and the source, custody, security, regulation,
730730 application, and disposition thereof.
731731 (6) The assumption or payment or discharge of any
732732 indebtedness, liens, or other claims relating to any part of
733733 the properties of the corporation or any obligations
734734 constituting, or which may constitute, a lien on the
735735 properties or any part thereof.
736736 (7) Limitations or other evidences of indebtedness or
737737 upon the incurrence of indebtedness of the corporation.
738738 (b) The power vested in the corporation to pledge taxes
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768768 (b) The power vested in the corporation to pledge taxes
769769 to be paid to the corporation or to pledge revenue of the
770770 corporation shall not be construed as undertaking or
771771 purporting to empower the corporation to pledge any tax or any
772772 revenue if the pledge is prohibited by the Constitution of
773773 Alabama of 2022. It is expressly provided that the corporation
774774 shall have the power to pledge any tax paid to the corporation
775775 or revenue of the corporation, the pledge of which is
776776 authorized by the Constitution of Alabama of 2022.
777777 (c) The powers and authority set forth in this section
778778 shall only be exercised if necessary in order for the
779779 corporation to receive federal funding or grants for any
780780 projects or activities of the corporation.
781781 Section 4. The county in which the Alabama Farm Center
782782 is located and each municipality therein may lease, sell,
783783 donate, or otherwise convey to the Agriculture Exhibition
784784 Center Corporation real or personal property, including park
785785 properties, without authorization by election of the qualified
786786 voters of the county or of the municipality; and the county in
787787 which the center is located and each municipality therein are
788788 authorized, but not required, to appropriate public funds of
789789 the county or of the municipality to the corporation to be
790790 used by the corporation for purposes of this act. The county
791791 in which the center is located shall not lease, sell, donate,
792792 or convey any property to the corporation, or appropriate any
793793 money to the corporation, unless the county commission of that
794794 county has determined that the lease, sale, donation,
795795 conveyance, or appropriation will benefit the people of that
796796 county or municipality to such an extent as to fully warrant
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826826 county or municipality to such an extent as to fully warrant
827827 and justify the lease, sale, donation, conveyance, or
828828 appropriation.
829829 Section 5. The Agriculture Exhibition Center
830830 Corporation may permit the consumption of alcoholic beverages
831831 any day of the week, purchased from licensees of the Alcoholic
832832 Beverage Control Board, to be consumed by purchasers within
833833 the boundaries of the Alabama Farm Center.
834834 Section 6. The Agriculture Exhibition Center
835835 Corporation and all property in which it may have any
836836 ownership, leasehold, or other interest, direct or indirect,
837837 is exempt from all municipal ordinances and rules, including
838838 zoning ordinances, unless the corporation consents to the
839839 application of ordinance or rule.
840840 Section 7. (a) The Agriculture Exhibition Center
841841 Corporation, as a governmental entity, is exempt from the
842842 payment of all state, county, and municipal sales and use
843843 taxes. The corporation and its contractors shall be granted a
844844 certificate of exemption from sales and use taxes by the
845845 Department of Revenue as provided in Sections 40-9-14.1 and
846846 40-9-60, Code of Alabama 1975, or other general law.
847847 (b)(1) Any county or municipal sales and use tax
848848 proceeds that are collected by the corporation; a joint
849849 venture of the corporation, including a public or private
850850 venture of the corporation; or a lessee of the corporation or
851851 a joint venture of the corporation, and remitted to a local
852852 taxing authority shall be rebated by that local taxing
853853 authority to the corporation.
854854 (2) The county commission of the county in which the
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884884 (2) The county commission of the county in which the
885885 Alabama Farm Center will be located, at the time of the
886886 formation of the corporation, may opt-out of the requirement
887887 to rebate sales taxes collected by a private entity, joint
888888 venture partner, or public-private partnership.
889889 (3) The corporation may enter into revenue sharing
890890 agreements with the county commission of the county in which
891891 the center will be located and municipalities therein to share
892892 any tax revenue generated by the corporation outside of the
893893 operational area outlined in the corporation's articles of
894894 incorporation.
895895 (c) The corporation is exempt from paying all state,
896896 county, and local ad valorem taxes.
897897 (d) The corporation is exempt from paying any other
898898 taxes levied by a county, municipality, or other political
899899 subdivision of this state, including, but not limited to,
900900 license and excise taxes imposed relating to the privilege of
901901 engaging in any activities that the corporation may engage in.
902902 Section 8. The Agriculture Exhibition Center
903903 Corporation shall be deemed an economic development
904904 organization, and the Alabama Farm Center shall be deemed a
905905 site, for the purposes of Article 19A, Chapter 18, Title 40 of
906906 the Code of Alabama 1975.
907907 Section 9. The provisions of this act are severable. If
908908 any part of this act is declared invalid or unconstitutional,
909909 that declaration shall not affect the part which remains.
910910 Section 10. This act shall become effective
911911 immediately.
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