15 | | - | Enrolled, An Act, |
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| 15 | + | SYNOPSIS: |
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| 16 | + | The Growing Alabama Act, the Innovating Alabama |
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| 17 | + | Act, the Alabama Jobs Act, and the governing |
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| 18 | + | definitions and powers granted to Innovate Alabama rely |
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| 19 | + | on the federal definition of New Market Tax Credit |
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| 20 | + | census tracts for eligible projects. The federal map of |
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| 21 | + | census tracts will change on September 1, 2024, making |
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| 22 | + | some communities that are currently eligible for state |
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| 23 | + | incentives ineligible. |
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| 24 | + | This bill would allow those existing communities |
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| 25 | + | to still qualify for the named initiatives and |
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| 26 | + | incentives. |
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| 27 | + | A BILL |
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| 28 | + | TO BE ENTITLED |
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| 29 | + | AN ACT |
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16 | 30 | | Relating to the Growing Alabama Act, the Innovating |
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17 | 31 | | Alabama Act, the Alabama Jobs Act, and Innovate Alabama; to |
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18 | 32 | | amend Sections 40-18-376.4, 40-18-417.2, 41-10-801, 41-10-804, |
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19 | 33 | | and 41-10-842, Code of Alabama 1975; to provide for eligible |
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20 | 34 | | census tracts under the federal New Markets Tax Credit |
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21 | 35 | | program. |
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22 | 36 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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23 | | - | Section 1. Sections 40-18-376.4, 40-18-417.2, |
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24 | | - | 41-10-801, 41-10-804, and 41-10-842, Code of Alabama 1975, are |
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25 | | - | amended to read as follows: |
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26 | | - | "§40-18-376.4 |
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27 | | - | (a) This section shall be applicable to an |
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28 | | - | underrepresented company, as defined in this section. In |
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29 | | - | making the findings required by Section 40-18-373(1), an |
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30 | | - | underrepresented company that proposes a qualifying project |
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31 | | - | shall be an approved company for purposes of this section only |
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32 | | - | if the Secretary of Commerce makes the additional finding that |
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33 | | - | the qualifying project will increase economic diversity and |
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34 | | - | will benefit the state. |
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35 | | - | (b) If provided for in the project agreement, the |
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36 | | - | following shall be allowed to any company which meets all of |
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37 | | - | the criteria in subsection (a): |
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38 | | - | (1) Absent a finding of extraordinary circumstances by |
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39 | | - | the Secretary of Commerce, a qualifying project shall be |
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40 | | - | deemed to be in existence notwithstanding the requirements of |
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41 | | - | Section 40-18-372 so long as 10 new jobs are created. |
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42 | | - | (2) A jobs credit against utility taxes, in an annual |
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| 66 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 67 | + | Section 1. Sections 40-18-376.4, 40-18-417.2, |
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| 68 | + | 41-10-801, 41-10-804, and 41-10-842, Code of Alabama 1975, are |
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| 69 | + | amended to read as follows: |
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| 70 | + | "§40-18-376.4 |
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| 71 | + | (a) This section shall be applicable to an |
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| 72 | + | underrepresented company, as defined in this section. In |
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| 73 | + | making the findings required by Section 40-18-373(1), an |
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| 74 | + | underrepresented company that proposes a qualifying project |
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| 75 | + | shall be an approved company for purposes of this section only |
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| 76 | + | if the Secretary of Commerce makes the additional finding that |
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| 77 | + | the qualifying project will increase economic diversity and |
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| 78 | + | will benefit the state. |
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| 79 | + | (b) If provided for in the project agreement, the |
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| 80 | + | following shall be allowed to any company which meets all of |
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| 81 | + | the criteria in subsection (a): |
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| 82 | + | (1) Absent a finding of extraordinary circumstances by |
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| 83 | + | the Secretary of Commerce, a qualifying project shall be |
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| 84 | + | deemed to be in existence notwithstanding the requirements of |
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| 85 | + | Section 40-18-372 so long as 10 new jobs are created. |
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72 | 86 | | (2) A jobs credit against utility taxes, in an annual |
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73 | 87 | | amount up to 4 percent of the wages paid to Alabama resident |
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74 | 88 | | employees during the prior year. |
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75 | 89 | | (3) The investment credit provided in Section |
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76 | 90 | | 40-18-376(a) shall have an incentive period not to exceed 15 |
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77 | 91 | | years. |
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78 | 92 | | (c) An "underrepresented company" is any company that |
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79 | 93 | | meets all the criteria in subdivision (1) or (2): |
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80 | 94 | | (1) The company is a for-profit business headquartered |
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81 | | - | in a community eligible for investment through the federal New |
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82 | | - | Markets Tax Credit program under 26 U.S.C. § 45D(e) as those |
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83 | | - | communities were identified as of January 1, 2015, or in such |
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84 | | - | a community identified thereafter , has fewer than 10 employees |
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85 | | - | at the time the project agreement is executed, and has average |
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86 | | - | gross revenues of less than five hundred thousand dollars |
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87 | | - | ($500,000) in the company’s three years prior to the execution |
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88 | | - | of the project agreement; or |
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89 | | - | (2) The company is a for-profit business that is |
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90 | | - | independently owned and controlled and is at least 51 percent |
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91 | | - | owned and controlled by one or more underrepresented persons |
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92 | | - | or, in the case of a publicly-owned business, the company is a |
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93 | | - | for-profit business of which at least 51 percent of the stock |
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94 | | - | is owned and controlled by one or more underrepresented |
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95 | | - | persons and whose daily management and operations are under |
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96 | | - | the control of one or more underrepresented persons. As used |
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97 | | - | herein, an underrepresented person is a United States citizen |
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98 | | - | who is a woman or is African American." |
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99 | | - | "§40-18-417.2 |
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100 | | - | (a)(1) A local economic development organization that |
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| 124 | + | (1) The company is a for-profit business headquartered |
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| 125 | + | in a community eligible for investment through the federal New |
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| 126 | + | Markets Tax Credit program under 26 U.S.C. § 45D(e) as those |
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| 127 | + | communities were identified as of January 1, 2015, or in such |
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| 128 | + | a community identified thereafter , has fewer than 10 employees |
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| 129 | + | at the time the project agreement is executed, and has average |
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| 130 | + | gross revenues of less than five hundred thousand dollars |
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| 131 | + | ($500,000) in the company’s three years prior to the execution |
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| 132 | + | of the project agreement; or |
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| 133 | + | (2) The company is a for-profit business that is |
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| 134 | + | independently owned and controlled and is at least 51 percent |
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| 135 | + | owned and controlled by one or more underrepresented persons |
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| 136 | + | or, in the case of a publicly-owned business, the company is a |
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| 137 | + | for-profit business of which at least 51 percent of the stock |
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| 138 | + | is owned and controlled by one or more underrepresented |
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| 139 | + | persons and whose daily management and operations are under |
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| 140 | + | the control of one or more underrepresented persons. As used |
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| 141 | + | herein, an underrepresented person is a United States citizen |
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| 142 | + | who is a woman or is African American." |
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| 143 | + | "§40-18-417.2 |
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130 | 144 | | (a)(1) A local economic development organization that |
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131 | 145 | | owns a site may apply to the Department of Commerce for |
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132 | 146 | | funding to solve an inadequacy involving the site. The |
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133 | 147 | | application by the local economic development organization |
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134 | 148 | | shall include at least one of the following: |
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135 | 149 | | a. If there is a pending expression of interest about |
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136 | 150 | | the site from an industry or business, a list of the site |
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137 | 151 | | preparation or public infrastructure work needed to make the |
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138 | 152 | | site acceptable to the industry or business. |
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139 | | - | b. If the site has been offered to one or more |
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140 | | - | industries or businesses but the offer did not result in the |
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141 | | - | industry or business locating on the site, a list of the site |
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142 | | - | preparation or public infrastructure work that, if it had been |
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143 | | - | completed, would have made the site acceptable to the |
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144 | | - | industries or businesses. |
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145 | | - | c. If the site is an industrial or research park that |
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146 | | - | needs connections to interstates, highways, roadways, rail |
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147 | | - | systems, or sewer, fiber, electrical, gas, or water |
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148 | | - | infrastructure, a list of the site preparation or public |
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149 | | - | infrastructure work needed. |
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150 | | - | d. Capital improvements or economic development |
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151 | | - | activities at an inland port or intermodal facility, as |
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152 | | - | described in Section 40-18-417.1; provided that the |
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153 | | - | application is accompanied by an economic impact report on |
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154 | | - | such improvements or activities. |
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155 | | - | e. Any site improvement or public infrastructure work |
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156 | | - | in census tracts that meets the definition of low-income |
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157 | | - | communities pursuant to 26 U.S.C. § 45D(e) as those |
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158 | | - | communities were identified as of January 1, 2015, or in such |
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| 182 | + | site acceptable to the industry or business. |
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| 183 | + | b. If the site has been offered to one or more |
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| 184 | + | industries or businesses but the offer did not result in the |
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| 185 | + | industry or business locating on the site, a list of the site |
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| 186 | + | preparation or public infrastructure work that, if it had been |
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| 187 | + | completed, would have made the site acceptable to the |
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| 188 | + | industries or businesses. |
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| 189 | + | c. If the site is an industrial or research park that |
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| 190 | + | needs connections to interstates, highways, roadways, rail |
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| 191 | + | systems, or sewer, fiber, electrical, gas, or water |
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| 192 | + | infrastructure, a list of the site preparation or public |
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| 193 | + | infrastructure work needed. |
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| 194 | + | d. Capital improvements or economic development |
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| 195 | + | activities at an inland port or intermodal facility, as |
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| 196 | + | described in Section 40-18-417.1; provided that the |
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| 197 | + | application is accompanied by an economic impact report on |
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| 198 | + | such improvements or activities. |
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| 199 | + | e. Any site improvement or public infrastructure work |
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| 200 | + | in census tracts that meets the definition of low-income |
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| 201 | + | communities pursuant to 26 U.S.C. § 45D(e) as those |
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188 | 202 | | communities were identified as of January 1, 2015, or in such |
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189 | 203 | | a community identified thereafter . |
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190 | 204 | | (2) An economic development organization may apply to |
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191 | 205 | | the Department of Commerce for funding to undertake the |
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192 | 206 | | construction, maintenance, promotion, operation, management, |
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193 | 207 | | leasing, and subleasing of an agricultural center that |
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194 | 208 | | includes a multi-use facility and related commercial and |
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195 | 209 | | noncommercial structures for livestock, equestrian, small |
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196 | 210 | | animal shows and events, spectator events, trade shows, |
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197 | | - | educational conferences, agricultural and agricultural related |
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198 | | - | industries, educational, demonstrational or training purposes, |
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199 | | - | educational and training conferences or events, recreational |
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200 | | - | vehicle rallies, recreational vehicle multi-day parking, |
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201 | | - | hosting of corporate and non-corporate organization meetings, |
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202 | | - | use as fair grounds, operation of retail activities, and other |
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203 | | - | events and facilities expected to draw participants and |
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204 | | - | spectators from states located across the southeastern United |
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205 | | - | States, with a projected total annual economic impact upon |
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206 | | - | completion of all phases of the agricultural center of at |
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207 | | - | least thirty-five million dollars ($35,000,000) and with the |
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208 | | - | related and supporting infrastructure and facilities having a |
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209 | | - | projected capital expenditure upon completion of all phases of |
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210 | | - | the agricultural center of at least one hundred million |
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211 | | - | dollars ($100,000,000); provided that the application is |
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212 | | - | accompanied by an economic impact report on the agricultural |
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213 | | - | center. |
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214 | | - | (b) The application shall include quotes for the |
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215 | | - | completion of the work, following compliance with the |
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216 | | - | procedures set forth by the Department of Economic and |
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| 240 | + | animal shows and events, spectator events, trade shows, |
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| 241 | + | educational conferences, agricultural and agricultural related |
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| 242 | + | industries, educational, demonstrational or training purposes, |
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| 243 | + | educational and training conferences or events, recreational |
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| 244 | + | vehicle rallies, recreational vehicle multi-day parking, |
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| 245 | + | hosting of corporate and non-corporate organization meetings, |
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| 246 | + | use as fair grounds, operation of retail activities, and other |
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| 247 | + | events and facilities expected to draw participants and |
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| 248 | + | spectators from states located across the southeastern United |
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| 249 | + | States, with a projected total annual economic impact upon |
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| 250 | + | completion of all phases of the agricultural center of at |
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| 251 | + | least thirty-five million dollars ($35,000,000) and with the |
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| 252 | + | related and supporting infrastructure and facilities having a |
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| 253 | + | projected capital expenditure upon completion of all phases of |
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| 254 | + | the agricultural center of at least one hundred million |
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| 255 | + | dollars ($100,000,000); provided that the application is |
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| 256 | + | accompanied by an economic impact report on the agricultural |
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| 257 | + | center. |
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| 258 | + | (b) The application shall include quotes for the |
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| 259 | + | completion of the work, following compliance with the |
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246 | 260 | | procedures set forth by the Department of Economic and |
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247 | 261 | | Community Affairs, as if the organization were disbursing |
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248 | 262 | | state funds received from the department. |
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249 | 263 | | (c) The application provided in paragraph (a)(1) a. or |
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250 | 264 | | b. shall include an estimate of the number of jobs, wages, and |
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251 | 265 | | capital investment which would have been undertaken by the |
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252 | 266 | | industries or businesses referred to in paragraph (a)(1) a. or |
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253 | 267 | | b. |
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254 | 268 | | (d) The application provided in subsection (a) shall |
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255 | | - | include proof that the economic development organization has |
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256 | | - | in full force and effect a conflict of interest policy |
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257 | | - | consistent with that found in the instructions to Form 1023 |
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258 | | - | issued by the Internal Revenue Service. |
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259 | | - | (e) The application provided in subsection (a) shall |
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260 | | - | include a notarized affirmation by an officer of the economic |
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261 | | - | development organization that the submission of the |
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262 | | - | application did not violate the conflict of interest policy |
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263 | | - | referred to in subsection (d)." |
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264 | | - | "§41-10-801 |
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265 | | - | For the purposes of this article, the following terms |
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266 | | - | shall have the following meanings: |
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267 | | - | (1) ASPIRING ALABAMIAN. A person who has less than one |
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268 | | - | hundred thousand dollars ($100,000) of household net worth and |
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269 | | - | who satisfies at least one of the following criteria: |
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270 | | - | a. The person has a principal residence in a community |
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271 | | - | eligible for investment through the federal New Markets Tax |
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272 | | - | Credit program under 26 U.S.C. § 45D(e)(1) as those |
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273 | | - | communities were identified as of January 1, 2015, or in such |
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274 | | - | a community identified thereafter . |
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| 298 | + | (d) The application provided in subsection (a) shall |
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| 299 | + | include proof that the economic development organization has |
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| 300 | + | in full force and effect a conflict of interest policy |
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| 301 | + | consistent with that found in the instructions to Form 1023 |
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| 302 | + | issued by the Internal Revenue Service. |
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| 303 | + | (e) The application provided in subsection (a) shall |
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| 304 | + | include a notarized affirmation by an officer of the economic |
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| 305 | + | development organization that the submission of the |
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| 306 | + | application did not violate the conflict of interest policy |
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| 307 | + | referred to in subsection (d)." |
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| 308 | + | "§41-10-801 |
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| 309 | + | For the purposes of this article, the following terms |
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| 310 | + | shall have the following meanings: |
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| 311 | + | (1) ASPIRING ALABAMIAN. A person who has less than one |
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| 312 | + | hundred thousand dollars ($100,000) of household net worth and |
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| 313 | + | who satisfies at least one of the following criteria: |
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| 314 | + | a. The person has a principal residence in a community |
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| 315 | + | eligible for investment through the federal New Markets Tax |
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| 316 | + | Credit program under 26 U.S.C. § 45D(e)(1) as those |
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| 317 | + | communities were identified as of January 1, 2015, or in such |
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304 | 318 | | a community identified thereafter . |
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305 | 319 | | b. The person owns at least a majority interest in a |
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306 | 320 | | business located in a community eligible for investment |
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307 | 321 | | through the federal New Markets Tax Credit program under 26 |
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308 | 322 | | U.S.C. § 45D(e)(1) as those communities were identified as of |
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309 | 323 | | January 1, 2015, or in such a community identified thereafter . |
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310 | 324 | | c. The person does not hold, and is not actively |
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311 | 325 | | pursuing, a baccalaureate degree or does not have a parent or |
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312 | 326 | | legal guardian who holds a baccalaureate degree. |
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313 | | - | d. The person has at least one parent who does not have |
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314 | | - | a high school diploma or its equivalent. |
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315 | | - | (2) BOARD. The governing board of the corporation. |
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316 | | - | (3) CORPORATION. The Alabama Innovation Corporation |
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317 | | - | created by this article as an authority organized as a public |
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318 | | - | corporation having a legal existence separate and apart from |
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319 | | - | the state and any county, municipality, or political |
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320 | | - | subdivision. |
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321 | | - | (4) ECONOMIC DEVELOPMENT AND INNOVATION ENTITY. |
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322 | | - | a. A nonprofit corporation that possesses all of the |
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323 | | - | following characteristics: |
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324 | | - | 1. Is organized as a nonprofit corporation exempt from |
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325 | | - | federal income tax under Section 501(c) of the Internal |
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326 | | - | Revenue Code of 1986, as amended. |
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327 | | - | 2. Has a record of, or can demonstrate that it is |
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328 | | - | capable of, serving the entire state on matters involving |
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329 | | - | economic development. |
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330 | | - | 3. Has a record of, or can demonstrate that it is |
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331 | | - | capable of, managing startup competitions or related |
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332 | | - | programming designed to foster an innovation-based economy. |
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| 356 | + | legal guardian who holds a baccalaureate degree. |
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| 357 | + | d. The person has at least one parent who does not have |
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| 358 | + | a high school diploma or its equivalent. |
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| 359 | + | (2) BOARD. The governing board of the corporation. |
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| 360 | + | (3) CORPORATION. The Alabama Innovation Corporation |
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| 361 | + | created by this article as an authority organized as a public |
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| 362 | + | corporation having a legal existence separate and apart from |
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| 363 | + | the state and any county, municipality, or political |
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| 364 | + | subdivision. |
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| 365 | + | (4) ECONOMIC DEVELOPMENT AND INNOVATION ENTITY. |
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| 366 | + | a. A nonprofit corporation that possesses all of the |
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| 367 | + | following characteristics: |
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| 368 | + | 1. Is organized as a nonprofit corporation exempt from |
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| 369 | + | federal income tax under Section 501(c) of the Internal |
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| 370 | + | Revenue Code of 1986, as amended. |
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| 371 | + | 2. Has a record of, or can demonstrate that it is |
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| 372 | + | capable of, serving the entire state on matters involving |
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| 373 | + | economic development. |
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| 374 | + | 3. Has a record of, or can demonstrate that it is |
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| 375 | + | capable of, managing startup competitions or related |
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362 | 376 | | programming designed to foster an innovation-based economy. |
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363 | 377 | | 4. Has received, or is eligible to receive, grant |
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364 | 378 | | funding from the state or from federal or private sources. |
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365 | 379 | | b. In determining whether a nonprofit corporation |
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366 | 380 | | qualifies as an economic development and innovation entity, |
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367 | 381 | | the board may attribute to the nonprofit corporation the |
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368 | 382 | | experiences of its officers, staff, and directors with other |
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369 | 383 | | nonprofit corporations. |
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370 | 384 | | (5) ELIGIBLE INVESTMENTS. All of the following: |
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371 | | - | a. Demand deposits (interest bearing) in federally |
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372 | | - | insured banks, and interest bearing deposits, whether or not |
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373 | | - | evidenced by certificates of deposits, in federally insured |
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374 | | - | banks; provided, however, that the deposits plus interest |
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375 | | - | shall be fully secured by obligations described in paragraphs |
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376 | | - | b. and c., to the extent that the deposits plus interest |
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377 | | - | exceed insurance available from the Federal Deposit Insurance |
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378 | | - | Corporation, or from any agency of the United States of |
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379 | | - | America that may succeed to the functions of the Federal |
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380 | | - | Deposit Insurance Corporation. |
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381 | | - | b. Bonds, notes, and other evidences of indebtedness |
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382 | | - | that are direct obligations of the United States of America or |
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383 | | - | that are unconditionally guaranteed as to both principal and |
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384 | | - | interest by the United States of America. |
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385 | | - | c. Bonds, debentures, notes, or other evidences of |
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386 | | - | indebtedness issued or guaranteed by any federal agencies or |
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387 | | - | government sponsored enterprises authorized to issue their own |
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388 | | - | debt instruments including, without limitation, to any of the |
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389 | | - | following: Federal Farm Credit Bank, Federal Intermediate |
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390 | | - | Credit Banks, the Export-Import Bank of the United States, |
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| 414 | + | (5) ELIGIBLE INVESTMENTS. All of the following: |
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| 415 | + | a. Demand deposits (interest bearing) in federally |
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| 416 | + | insured banks, and interest bearing deposits, whether or not |
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| 417 | + | evidenced by certificates of deposits, in federally insured |
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| 418 | + | banks; provided, however, that the deposits plus interest |
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| 419 | + | shall be fully secured by obligations described in paragraphs |
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| 420 | + | b. and c., to the extent that the deposits plus interest |
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| 421 | + | exceed insurance available from the Federal Deposit Insurance |
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| 422 | + | Corporation, or from any agency of the United States of |
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| 423 | + | America that may succeed to the functions of the Federal |
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| 424 | + | Deposit Insurance Corporation. |
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| 425 | + | b. Bonds, notes, and other evidences of indebtedness |
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| 426 | + | that are direct obligations of the United States of America or |
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| 427 | + | that are unconditionally guaranteed as to both principal and |
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| 428 | + | interest by the United States of America. |
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| 429 | + | c. Bonds, debentures, notes, or other evidences of |
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| 430 | + | indebtedness issued or guaranteed by any federal agencies or |
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| 431 | + | government sponsored enterprises authorized to issue their own |
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| 432 | + | debt instruments including, without limitation, to any of the |
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| 433 | + | following: Federal Farm Credit Bank, Federal Intermediate |
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420 | 434 | | Credit Banks, the Export-Import Bank of the United States, |
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421 | 435 | | Federal Land Banks, the Federal National Mortgage Association, |
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422 | 436 | | the Governmental National Mortgage Association, the Federal |
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423 | 437 | | Financing Bank, Federal Banks for Cooperatives, Federal Home |
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424 | 438 | | Loan Banks, Federal Home and Loan Mortgage Association, or the |
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425 | 439 | | Farmers Home Administration. |
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426 | 440 | | d. Repurchase agreements with federally insured banks |
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427 | 441 | | or with government bond dealers reporting to and trading with |
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428 | 442 | | the Federal Reserve Bank of New York, provided that the |
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429 | | - | repurchase agreements are secured by obligations described in |
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430 | | - | paragraphs b. and c. |
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431 | | - | e. Interest-bearing time deposits, whether or not |
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432 | | - | evidenced by certificates of deposit, in savings and loan |
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433 | | - | associations: (i) the deposits of which are insured to the |
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434 | | - | maximum extent possible by the Federal Savings and Loan |
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435 | | - | Insurance Corporation or any agency of the United States of |
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436 | | - | America that may succeed to its functions; and (ii) the |
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437 | | - | principal office of which is located in the state. The |
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438 | | - | deposits plus interest shall be secured by obligations |
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439 | | - | described in paragraphs b. and c., to the extent that the |
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440 | | - | deposits plus interest exceed insurance available from the |
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441 | | - | Federal Savings and Loan Insurance Corporation or from any |
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442 | | - | agency of the United States of America that may succeed to the |
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443 | | - | functions of the Federal Savings and Loan Insurance |
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444 | | - | Corporation. |
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445 | | - | f. Other legal investments which the corporation |
---|
446 | | - | determines will have the effect of growing an innovative |
---|
447 | | - | economy. |
---|
448 | | - | (6) FUND. The Alabama Innovation Fund. |
---|
| 472 | + | the Federal Reserve Bank of New York, provided that the |
---|
| 473 | + | repurchase agreements are secured by obligations described in |
---|
| 474 | + | paragraphs b. and c. |
---|
| 475 | + | e. Interest-bearing time deposits, whether or not |
---|
| 476 | + | evidenced by certificates of deposit, in savings and loan |
---|
| 477 | + | associations: (i) the deposits of which are insured to the |
---|
| 478 | + | maximum extent possible by the Federal Savings and Loan |
---|
| 479 | + | Insurance Corporation or any agency of the United States of |
---|
| 480 | + | America that may succeed to its functions; and (ii) the |
---|
| 481 | + | principal office of which is located in the state. The |
---|
| 482 | + | deposits plus interest shall be secured by obligations |
---|
| 483 | + | described in paragraphs b. and c., to the extent that the |
---|
| 484 | + | deposits plus interest exceed insurance available from the |
---|
| 485 | + | Federal Savings and Loan Insurance Corporation or from any |
---|
| 486 | + | agency of the United States of America that may succeed to the |
---|
| 487 | + | functions of the Federal Savings and Loan Insurance |
---|
| 488 | + | Corporation. |
---|
| 489 | + | f. Other legal investments which the corporation |
---|
| 490 | + | determines will have the effect of growing an innovative |
---|
| 491 | + | economy. |
---|
478 | 492 | | (6) FUND. The Alabama Innovation Fund. |
---|
479 | 493 | | (7) SMALL BUSINESS INNOVATION RESEARCH. The grants and |
---|
480 | 494 | | programs defined in 15 U.S.C. § 638(e)(4). |
---|
481 | 495 | | (8) SMALL BUSINESS TECHNOLOGY TRANSFER RESEARCH. The |
---|
482 | 496 | | grants and programs defined in 15 U.S.C. § 638(e)(6). |
---|
483 | 497 | | (9) STEM. Science, technology, engineering, and |
---|
484 | 498 | | mathematics." |
---|
485 | 499 | | "§41-10-804 |
---|
486 | 500 | | (a) The board shall have all of the powers necessary to |
---|
487 | | - | carry out and effectuate the purposes of this article. The |
---|
488 | | - | foregoing sentence shall be construed broadly, so that the |
---|
489 | | - | failure to state a power of the board shall not be considered |
---|
490 | | - | a limitation upon the board, so long as the board shall find |
---|
491 | | - | that the power is necessary to allow the board to fulfill the |
---|
492 | | - | purpose of the corporation, as provided by this article. In |
---|
493 | | - | the event that the board should determine to add one or more |
---|
494 | | - | powers, they may do so by amending their application of |
---|
495 | | - | formation. Without limiting the generality of the foregoing, |
---|
496 | | - | the board shall have and exercise all of the following powers: |
---|
497 | | - | (1) Recognize that the economy of today will not exist |
---|
498 | | - | tomorrow and implement policies that help this state, and |
---|
499 | | - | residents of this state, embrace that future. |
---|
500 | | - | (2) Take actions to make this state a hub for |
---|
501 | | - | technology, innovation, and entrepreneurship by partnering |
---|
502 | | - | with the private sector, state agencies, and state policy |
---|
503 | | - | makers to develop and implement programs and policies that |
---|
504 | | - | will lead to a more robust and inclusive economy for this |
---|
505 | | - | state. |
---|
506 | | - | (3) Support, financially and otherwise, the |
---|
| 530 | + | (a) The board shall have all of the powers necessary to |
---|
| 531 | + | carry out and effectuate the purposes of this article. The |
---|
| 532 | + | foregoing sentence shall be construed broadly, so that the |
---|
| 533 | + | failure to state a power of the board shall not be considered |
---|
| 534 | + | a limitation upon the board, so long as the board shall find |
---|
| 535 | + | that the power is necessary to allow the board to fulfill the |
---|
| 536 | + | purpose of the corporation, as provided by this article. In |
---|
| 537 | + | the event that the board should determine to add one or more |
---|
| 538 | + | powers, they may do so by amending their application of |
---|
| 539 | + | formation. Without limiting the generality of the foregoing, |
---|
| 540 | + | the board shall have and exercise all of the following powers: |
---|
| 541 | + | (1) Recognize that the economy of today will not exist |
---|
| 542 | + | tomorrow and implement policies that help this state, and |
---|
| 543 | + | residents of this state, embrace that future. |
---|
| 544 | + | (2) Take actions to make this state a hub for |
---|
| 545 | + | technology, innovation, and entrepreneurship by partnering |
---|
| 546 | + | with the private sector, state agencies, and state policy |
---|
| 547 | + | makers to develop and implement programs and policies that |
---|
| 548 | + | will lead to a more robust and inclusive economy for this |
---|
| 549 | + | state. |
---|
536 | 550 | | (3) Support, financially and otherwise, the |
---|
537 | 551 | | establishment or growth, or both, of all of the following: |
---|
538 | 552 | | a. Marketing and branding the state including, but not |
---|
539 | 553 | | limited to, the state's business climate, the state's tax |
---|
540 | 554 | | rates and structures, the state's innovation-focused |
---|
541 | 555 | | incentives and abatements, the state's business related |
---|
542 | 556 | | programs, and the state's innovation and entrepreneurial |
---|
543 | 557 | | ecosystems. |
---|
544 | 558 | | b. Pursuing and supporting commercialization, |
---|
545 | | - | entrepreneurship, research and development, and technology |
---|
546 | | - | transfer facilities, funding, incentives, partnerships, events |
---|
547 | | - | and programs, including, but not limited to, all of the |
---|
548 | | - | following: |
---|
549 | | - | 1. Creating, operating, and supporting accelerator or |
---|
550 | | - | similar programs , including, but not limited to, university |
---|
551 | | - | and corporate focused accelerator or similar programs. |
---|
552 | | - | 2. Developing programming, incubators, and accelerators |
---|
553 | | - | that serve this state's startups and their founders, and |
---|
554 | | - | disseminating both in person and online. |
---|
555 | | - | 3. Creating, operating, and supporting industry focused |
---|
556 | | - | research and development centers established by public |
---|
557 | | - | universities in collaboration with existing industry in |
---|
558 | | - | Alabama. |
---|
559 | | - | c. Incentivizing and providing funding to innovative |
---|
560 | | - | businesses or programs that support innovation in this state's |
---|
561 | | - | economy, including, but not limited to, the following: |
---|
562 | | - | 1. Assisting recipients of Small Business Innovation |
---|
563 | | - | Research and Small Business Technology Transfer Research |
---|
564 | | - | funding. |
---|
| 588 | + | b. Pursuing and supporting commercialization, |
---|
| 589 | + | entrepreneurship, research and development, and technology |
---|
| 590 | + | transfer facilities, funding, incentives, partnerships, events |
---|
| 591 | + | and programs, including, but not limited to, all of the |
---|
| 592 | + | following: |
---|
| 593 | + | 1. Creating, operating, and supporting accelerator or |
---|
| 594 | + | similar programs , including, but not limited to, university |
---|
| 595 | + | and corporate focused accelerator or similar programs. |
---|
| 596 | + | 2. Developing programming, incubators, and accelerators |
---|
| 597 | + | that serve this state's startups and their founders, and |
---|
| 598 | + | disseminating both in person and online. |
---|
| 599 | + | 3. Creating, operating, and supporting industry focused |
---|
| 600 | + | research and development centers established by public |
---|
| 601 | + | universities in collaboration with existing industry in |
---|
| 602 | + | Alabama. |
---|
| 603 | + | c. Incentivizing and providing funding to innovative |
---|
| 604 | + | businesses or programs that support innovation in this state's |
---|
| 605 | + | economy, including, but not limited to, the following: |
---|
| 606 | + | 1. Assisting recipients of Small Business Innovation |
---|
| 607 | + | Research and Small Business Technology Transfer Research |
---|
594 | 608 | | funding. |
---|
595 | 609 | | 2. Encouraging pre-seed, seed, venture capital, and |
---|
596 | 610 | | private equity funding activity in this state. |
---|
597 | 611 | | 3. Supporting community development financial |
---|
598 | 612 | | institutions that serve residents of this state. |
---|
599 | 613 | | 4. Supporting qualified STEM teachers and technology |
---|
600 | 614 | | staff teaching and working in rural or otherwise |
---|
601 | 615 | | under-performing or under-resourced schools in this state. |
---|
602 | 616 | | d. Engaging in rural initiatives that support |
---|
603 | | - | innovation, including, but not limited to, the creation, |
---|
604 | | - | operation, and support of entrepreneurial centers, and |
---|
605 | | - | marketing rural quality of life and recreational |
---|
606 | | - | opportunities. |
---|
607 | | - | e. Creating, operating, and supporting research and |
---|
608 | | - | development of a 21st-Century transportation system that |
---|
609 | | - | reflects emerging technologies and multi-modal concepts. |
---|
610 | | - | f. Attracting, recruiting, and retaining skilled |
---|
611 | | - | workers, STEM workers, and other in-state and out-of-state |
---|
612 | | - | two-year and four-year college, university, and community |
---|
613 | | - | college graduates, and engaging in other innovation focused |
---|
614 | | - | workforce development activities. |
---|
615 | | - | g. Supporting businesses owned or led, or both, by |
---|
616 | | - | aspiring Alabamians. |
---|
617 | | - | h. Supporting businesses headquartered in census tracts |
---|
618 | | - | that satisfy the definition of "low income communities " found |
---|
619 | | - | in 26 U.S.C. § 45D(e) as those communities were identified as |
---|
620 | | - | of January 1, 2015, or in such a community identified |
---|
621 | | - | thereafter. |
---|
622 | | - | (4) Adopt, alter, and repeal bylaws for the regulation |
---|
| 646 | + | d. Engaging in rural initiatives that support |
---|
| 647 | + | innovation, including, but not limited to, the creation, |
---|
| 648 | + | operation, and support of entrepreneurial centers, and |
---|
| 649 | + | marketing rural quality of life and recreational |
---|
| 650 | + | opportunities. |
---|
| 651 | + | e. Creating, operating, and supporting research and |
---|
| 652 | + | development of a 21st-Century transportation system that |
---|
| 653 | + | reflects emerging technologies and multi-modal concepts. |
---|
| 654 | + | f. Attracting, recruiting, and retaining skilled |
---|
| 655 | + | workers, STEM workers, and other in-state and out-of-state |
---|
| 656 | + | two-year and four-year college, university, and community |
---|
| 657 | + | college graduates, and engaging in other innovation focused |
---|
| 658 | + | workforce development activities. |
---|
| 659 | + | g. Supporting businesses owned or led, or both, by |
---|
| 660 | + | aspiring Alabamians. |
---|
| 661 | + | h. Supporting businesses headquartered in census tracts |
---|
| 662 | + | that satisfy the definition of "low income communities " found |
---|
| 663 | + | in 26 U.S.C. § 45D(e) as those communities were identified as |
---|
| 664 | + | of January 1, 2015, or in such a community identified |
---|
| 665 | + | thereafter. |
---|
652 | 666 | | (4) Adopt, alter, and repeal bylaws for the regulation |
---|
653 | 667 | | and conduct of the corporation's affairs and business, and for |
---|
654 | 668 | | the implementation of this article. |
---|
655 | 669 | | (5) Take actions as may be necessary or convenient to |
---|
656 | 670 | | accomplish any purpose of the corporation, or to exercise any |
---|
657 | 671 | | power of the corporation. |
---|
658 | 672 | | (6) Make and enter into contracts, leases, and |
---|
659 | 673 | | agreements, and take other actions as may in its judgment may |
---|
660 | 674 | | be necessary or desirable to accomplish any purpose, and to |
---|
661 | | - | exercise any power necessary for the accomplishment of the |
---|
662 | | - | purposes of the corporation or incidental to the powers |
---|
663 | | - | expressly set forth in this article. |
---|
664 | | - | (7) Appoint, employ, and contract with employees, |
---|
665 | | - | agents, advisors, consultants, and service providers , |
---|
666 | | - | including, but not limited to, attorneys, accountants, |
---|
667 | | - | financial experts, and other advisors, consultants, and agents |
---|
668 | | - | as may in its judgment may be necessary or desirable to |
---|
669 | | - | accomplish any purpose of the corporation or incidental to the |
---|
670 | | - | powers expressly set forth in this article, and to fix the |
---|
671 | | - | compensation of those persons. |
---|
672 | | - | (8) Manage, invest, and expend capital from the fund, |
---|
673 | | - | as provided in Section 41-10-806, and to provide for the |
---|
674 | | - | indemnification of directors. |
---|
675 | | - | (9) Use the financial resources of the corporation to |
---|
676 | | - | purchase, lease, or otherwise acquire real and personal |
---|
677 | | - | property, and to use, develop, operate, lease, or convey those |
---|
678 | | - | properties, as may in its judgment may be necessary or |
---|
679 | | - | desirable to accomplish any purpose of the corporation or |
---|
680 | | - | incidental to the powers expressly set forth in this article. |
---|
| 704 | + | be necessary or desirable to accomplish any purpose, and to |
---|
| 705 | + | exercise any power necessary for the accomplishment of the |
---|
| 706 | + | purposes of the corporation or incidental to the powers |
---|
| 707 | + | expressly set forth in this article. |
---|
| 708 | + | (7) Appoint, employ, and contract with employees, |
---|
| 709 | + | agents, advisors, consultants, and service providers , |
---|
| 710 | + | including, but not limited to, attorneys, accountants, |
---|
| 711 | + | financial experts, and other advisors, consultants, and agents |
---|
| 712 | + | as may in its judgment may be necessary or desirable to |
---|
| 713 | + | accomplish any purpose of the corporation or incidental to the |
---|
| 714 | + | powers expressly set forth in this article, and to fix the |
---|
| 715 | + | compensation of those persons. |
---|
| 716 | + | (8) Manage, invest, and expend capital from the fund, |
---|
| 717 | + | as provided in Section 41-10-806, and to provide for the |
---|
| 718 | + | indemnification of directors. |
---|
| 719 | + | (9) Use the financial resources of the corporation to |
---|
| 720 | + | purchase, lease, or otherwise acquire real and personal |
---|
| 721 | + | property, and to use, develop, operate, lease, or convey those |
---|
| 722 | + | properties, as may in its judgment may be necessary or |
---|
| 723 | + | desirable to accomplish any purpose of the corporation or |
---|
710 | 724 | | incidental to the powers expressly set forth in this article. |
---|
711 | 725 | | (10) Lend its credit to, or grant public monies and |
---|
712 | 726 | | things of value in aid of or to, any individual, firm, |
---|
713 | 727 | | corporation, or other business entity, public or private, as |
---|
714 | 728 | | may in its judgment be necessary or desirable to accomplish |
---|
715 | 729 | | any purpose of the corporation or incidental to the powers |
---|
716 | 730 | | expressly set forth in this article. |
---|
717 | 731 | | (11) Promote and solicit taxpayer donations for tax |
---|
718 | 732 | | credits that promote innovation in the state. |
---|
719 | | - | (12) Take any action necessary to exercise its rights |
---|
720 | | - | or fulfill its obligations relevant to the corporation under |
---|
721 | | - | state law. |
---|
722 | | - | (b) The board shall create an advisory committee which |
---|
723 | | - | shall provide information and make recommendations to the |
---|
724 | | - | board concerning the implementation of this article. The |
---|
725 | | - | advisory committee shall have no legal authority or other |
---|
726 | | - | responsibility over the actions of the corporation. The board |
---|
727 | | - | shall coordinate its appointments to assure the advisory |
---|
728 | | - | committee membership is inclusive and reflects the so that |
---|
729 | | - | diversity of racial, gender, race, and geographical areas, |
---|
730 | | - | urban, rural, and economic diversity of the is reflective of |
---|
731 | | - | the makeup of this state. The members of the advisory |
---|
732 | | - | committee shall serve at the pleasure of the board. The board |
---|
733 | | - | shall appoint one member of the advisory committee to serve as |
---|
734 | | - | the chair of the advisory committee, and meetings of the |
---|
735 | | - | advisory committee may be called by its chair or by the board. |
---|
736 | | - | Members of the advisory committee may participate in a meeting |
---|
737 | | - | of the committee in person, by means of telephone conference, |
---|
738 | | - | video conference, or other similar communications equipment so |
---|
| 762 | + | credits that promote innovation in the state. |
---|
| 763 | + | (12) Take any action necessary to exercise its rights |
---|
| 764 | + | or fulfill its obligations relevant to the corporation under |
---|
| 765 | + | state law. |
---|
| 766 | + | (b) The board shall create an advisory committee which |
---|
| 767 | + | shall provide information and make recommendations to the |
---|
| 768 | + | board concerning the implementation of this article. The |
---|
| 769 | + | advisory committee shall have no legal authority or other |
---|
| 770 | + | responsibility over the actions of the corporation. The board |
---|
| 771 | + | shall coordinate its appointments to assure the advisory |
---|
| 772 | + | committee membership is inclusive and reflects the so that |
---|
| 773 | + | diversity of racial, gender, race, and geographical areas, |
---|
| 774 | + | urban, rural, and economic diversity of the is reflective of |
---|
| 775 | + | the makeup of this state. The members of the advisory |
---|
| 776 | + | committee shall serve at the pleasure of the board. The board |
---|
| 777 | + | shall appoint one member of the advisory committee to serve as |
---|
| 778 | + | the chair of the advisory committee, and meetings of the |
---|
| 779 | + | advisory committee may be called by its chair or by the board. |
---|
| 780 | + | Members of the advisory committee may participate in a meeting |
---|
| 781 | + | of the committee in person, by means of telephone conference, |
---|
768 | 782 | | video conference, or other similar communications equipment so |
---|
769 | 783 | | that all individuals participating in the meeting may hear |
---|
770 | 784 | | each other at the same time. Participation by any such means |
---|
771 | 785 | | shall constitute presence in person at a meeting for all |
---|
772 | 786 | | purposes, including for purposes of establishing a quorum, and |
---|
773 | 787 | | the affirmative vote of a majority of the members in |
---|
774 | 788 | | attendance shall be necessary for any action of the advisory |
---|
775 | 789 | | committee. The committee and its members shall not be subject |
---|
776 | 790 | | to Chapter 25 or 25A of Title 36 nor Section 36-12-40. |
---|
777 | | - | (c) The board may enter into agreements with one or |
---|
778 | | - | more economic development and innovation entities to exercise |
---|
779 | | - | all powers of the corporation, if the agreement does both of |
---|
780 | | - | the following: |
---|
781 | | - | (1) Requires regular reporting to the corporation by |
---|
782 | | - | the economic development and innovation entity. |
---|
783 | | - | (2) Allows for the overhead costs of the economic |
---|
784 | | - | development and innovation entity to be reimbursed or |
---|
785 | | - | otherwise paid only if directly related to the fulfillment of |
---|
786 | | - | the agreement, as determined by the corporation. |
---|
787 | | - | (d)(1) The board may make, enter into, and execute |
---|
788 | | - | contracts, agreements, and other instruments with, accept aid |
---|
789 | | - | and grants from, and cooperate with, any other person or |
---|
790 | | - | entity, including, but not limited to, all of the following: |
---|
791 | | - | a. The United States of America, the state, or any |
---|
792 | | - | agency, instrumentality, or political subdivision of either. |
---|
793 | | - | b. For profit or nonprofit private entities. |
---|
794 | | - | c. Public bodies, departments, or authorities , |
---|
795 | | - | including, but not limited to, the executive departments of |
---|
796 | | - | the state, to act on behalf of the board in carrying out |
---|
| 820 | + | to Chapter 25 or 25A of Title 36 nor Section 36-12-40. |
---|
| 821 | + | (c) The board may enter into agreements with one or |
---|
| 822 | + | more economic development and innovation entities to exercise |
---|
| 823 | + | all powers of the corporation, if the agreement does both of |
---|
| 824 | + | the following: |
---|
| 825 | + | (1) Requires regular reporting to the corporation by |
---|
| 826 | + | the economic development and innovation entity. |
---|
| 827 | + | (2) Allows for the overhead costs of the economic |
---|
| 828 | + | development and innovation entity to be reimbursed or |
---|
| 829 | + | otherwise paid only if directly related to the fulfillment of |
---|
| 830 | + | the agreement, as determined by the corporation. |
---|
| 831 | + | (d)(1) The board may make, enter into, and execute |
---|
| 832 | + | contracts, agreements, and other instruments with, accept aid |
---|
| 833 | + | and grants from, and cooperate with, any other person or |
---|
| 834 | + | entity, including, but not limited to, all of the following: |
---|
| 835 | + | a. The United States of America, the state, or any |
---|
| 836 | + | agency, instrumentality, or political subdivision of either. |
---|
| 837 | + | b. For profit or nonprofit private entities. |
---|
| 838 | + | c. Public bodies, departments, or authorities , |
---|
| 839 | + | including, but not limited to, the executive departments of |
---|
826 | 840 | | the state, to act on behalf of the board in carrying out |
---|
827 | 841 | | functions which the board determines are consistent with the |
---|
828 | 842 | | corporation's powers. |
---|
829 | 843 | | (2) Without limiting the foregoing, the corporation may |
---|
830 | 844 | | enter into an agreement with the Alabama Department of |
---|
831 | 845 | | Economic and Community Affairs pursuant to which the |
---|
832 | 846 | | corporation may exercise all rights, powers, and obligations |
---|
833 | 847 | | of the department relating to opportunity funds under Sections |
---|
834 | 848 | | 40-18-6.1 and 41-10-46.01. Project agreements under Section |
---|
835 | | - | 40-18-6.1, shall not be required to comply with Section |
---|
836 | | - | 40-18-6.1(c). Project agreements under Sections 40-18-6.1 and |
---|
837 | | - | 41-10-46.01 include investments in qualified opportunity zones |
---|
838 | | - | as defined in 26 U.S.C. § 1400Z-1 and low-income communities |
---|
839 | | - | as defined in 26 U.S.C. § 45D(e) as those communities were |
---|
840 | | - | identified as of January 1, 2015, or in such a community |
---|
841 | | - | identified thereafter . |
---|
842 | | - | (e) The corporation shall be, and shall operate as, a |
---|
843 | | - | public corporation and shall have a legal existence separate |
---|
844 | | - | and apart from the state and any county, municipality, or |
---|
845 | | - | political subdivision. |
---|
846 | | - | (f) Members of the board shall be subject to Chapter 25 |
---|
847 | | - | of Title 36, but the corporation shall not be deemed to have |
---|
848 | | - | statewide jurisdiction for purposes of Section 36-25-14. For |
---|
849 | | - | the purposes of Chapter 25 of Title 36, the corporation shall |
---|
850 | | - | not be deemed a business, and a public official or public |
---|
851 | | - | employee holding a position with the corporation is not |
---|
852 | | - | precluded from taking official actions affecting the |
---|
853 | | - | corporation so long as there is no impermissible personal |
---|
854 | | - | gain. The board shall be subject to Chapter 25A of Title 36." |
---|
| 878 | + | 40-18-6.1 and 41-10-46.01. Project agreements under Section |
---|
| 879 | + | 40-18-6.1, shall not be required to comply with Section |
---|
| 880 | + | 40-18-6.1(c). Project agreements under Sections 40-18-6.1 and |
---|
| 881 | + | 41-10-46.01 include investments in qualified opportunity zones |
---|
| 882 | + | as defined in 26 U.S.C. § 1400Z-1 and low-income communities |
---|
| 883 | + | as defined in 26 U.S.C. § 45D(e) as those communities were |
---|
| 884 | + | identified as of January 1, 2015, or in such a community |
---|
| 885 | + | identified thereafter . |
---|
| 886 | + | (e) The corporation shall be, and shall operate as, a |
---|
| 887 | + | public corporation and shall have a legal existence separate |
---|
| 888 | + | and apart from the state and any county, municipality, or |
---|
| 889 | + | political subdivision. |
---|
| 890 | + | (f) Members of the board shall be subject to Chapter 25 |
---|
| 891 | + | of Title 36, but the corporation shall not be deemed to have |
---|
| 892 | + | statewide jurisdiction for purposes of Section 36-25-14. For |
---|
| 893 | + | the purposes of Chapter 25 of Title 36, the corporation shall |
---|
| 894 | + | not be deemed a business, and a public official or public |
---|
| 895 | + | employee holding a position with the corporation is not |
---|
| 896 | + | precluded from taking official actions affecting the |
---|
| 897 | + | corporation so long as there is no impermissible personal |
---|
884 | 898 | | gain. The board shall be subject to Chapter 25A of Title 36." |
---|
885 | 899 | | "§41-10-842 |
---|
886 | 900 | | (a) An economic development organization may apply to |
---|
887 | 901 | | Innovate Alabama for Innovating Alabama tax credits to |
---|
888 | 902 | | undertake any of the following projects: |
---|
889 | 903 | | (1) The creation, operation, or support of an |
---|
890 | 904 | | accelerator for technology companies, provided that the |
---|
891 | 905 | | application is accompanied by an economic impact report. |
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892 | 906 | | Technology companies shall include companies that earn or |
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893 | | - | reasonably expect to earn at least 75 percent of their |
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894 | | - | revenues from sources described in Section 40-18-376.3(c)(1). |
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895 | | - | (2) The creation, operation, or support of programs |
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896 | | - | designed to provide funding, workforce development, or other |
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897 | | - | resources for an innovative company that meets either of the |
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898 | | - | following criteria: |
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899 | | - | a. The company is a for-profit business headquartered |
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900 | | - | in a community eligible for investment through the federal New |
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901 | | - | Markets Tax Credit program under 26 U.S.C. § 45D(e) as those |
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902 | | - | communities were identified as of January 1, 2015, or in such |
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903 | | - | a community identified thereafter , predominantly conducting an |
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904 | | - | activity in an innovative industry, has fewer than 15 |
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905 | | - | employees at the time the funding agreement is executed, and |
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906 | | - | has average gross revenues of less than one million dollars |
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907 | | - | ($1,000,000) in the company three years prior to the execution |
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908 | | - | of the funding agreement. |
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909 | | - | b. The company is a for-profit business that is |
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910 | | - | headquartered in Alabama, predominantly conducting an activity |
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911 | | - | in an innovative industry, has fewer than 75 employees at the |
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912 | | - | time the funding agreement is executed, and that is at least |
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| 936 | + | Technology companies shall include companies that earn or |
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| 937 | + | reasonably expect to earn at least 75 percent of their |
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| 938 | + | revenues from sources described in Section 40-18-376.3(c)(1). |
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| 939 | + | (2) The creation, operation, or support of programs |
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| 940 | + | designed to provide funding, workforce development, or other |
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| 941 | + | resources for an innovative company that meets either of the |
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| 942 | + | following criteria: |
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| 943 | + | a. The company is a for-profit business headquartered |
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| 944 | + | in a community eligible for investment through the federal New |
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| 945 | + | Markets Tax Credit program under 26 U.S.C. § 45D(e) as those |
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| 946 | + | communities were identified as of January 1, 2015, or in such |
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| 947 | + | a community identified thereafter , predominantly conducting an |
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| 948 | + | activity in an innovative industry, has fewer than 15 |
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| 949 | + | employees at the time the funding agreement is executed, and |
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| 950 | + | has average gross revenues of less than one million dollars |
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| 951 | + | ($1,000,000) in the company three years prior to the execution |
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| 952 | + | of the funding agreement. |
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| 953 | + | b. The company is a for-profit business that is |
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| 954 | + | headquartered in Alabama, predominantly conducting an activity |
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| 955 | + | in an innovative industry, has fewer than 75 employees at the |
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942 | 956 | | time the funding agreement is executed, and that is at least |
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943 | 957 | | 51 percent owned and controlled by one or more individuals who |
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944 | 958 | | are United States Citizens and who are women or African |
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945 | 959 | | American. As used in this subdivision, an innovative industry |
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946 | 960 | | includes advanced manufacturing, aerospace, agriculture, |
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947 | 961 | | bioscience, biotechnology, electronics, energy and natural |
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948 | 962 | | resources, engineering, life sciences, and information |
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949 | 963 | | technology industries, and any other innovative industry as |
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950 | 964 | | determined by Innovate Alabama in its sole discretion. |
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951 | | - | (b) The application provided in subsection (a) shall |
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952 | | - | include proof that the economic development organization has |
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953 | | - | in full force and effect a conflict of interest policy |
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954 | | - | consistent with that found in the instructions to Form 1023 |
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955 | | - | issued by the Internal Revenue Service. |
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956 | | - | (c) The application provided in subsection (a) shall |
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957 | | - | include a notarized affirmation by an officer of the economic |
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958 | | - | development organization that the submission of the |
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959 | | - | application did not violate the conflict of interest policy |
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960 | | - | referred to in subsection (b)." |
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961 | | - | Section 2. This act shall become effective on June 1, |
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962 | | - | 2024. |
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1002 | | - | 476 |
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| 992 | + | 476 HB441 INTRODUCED |
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| 993 | + | Page 18 |
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| 994 | + | determined by Innovate Alabama in its sole discretion. |
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| 995 | + | (b) The application provided in subsection (a) shall |
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| 996 | + | include proof that the economic development organization has |
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| 997 | + | in full force and effect a conflict of interest policy |
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| 998 | + | consistent with that found in the instructions to Form 1023 |
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| 999 | + | issued by the Internal Revenue Service. |
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| 1000 | + | (c) The application provided in subsection (a) shall |
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| 1001 | + | include a notarized affirmation by an officer of the economic |
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| 1002 | + | development organization that the submission of the |
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| 1003 | + | application did not violate the conflict of interest policy |
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| 1004 | + | referred to in subsection (b)." |
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| 1005 | + | Section 2. This act shall become effective on June 1, |
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| 1006 | + | 2024. |
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