Alabama 2024 Regular Session

Alabama Senate Bill SB252 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB252ENROLLED~~
	1	+	SB252ENGROSSED
2	2		Page 0
3	3		SB252
4		-	~~ZVSFKWK~~-2
	4	+	YUAPNNN-2
5	5		By Senators Reed, Singleton, Barfoot, Butler, Weaver,
6	6		Livingston, Figures, Chesteen, Allen, Jones, Price, Elliott,
7	7		Williams, Melson, Carnley, Sessions, Roberts, Shelnutt,
8	8		Waggoner, Smitherman, Coleman-Madison, Kelley, Givhan,
9	9		Kitchens, Hovey, Coleman
10	10		RFD: Fiscal Responsibility and Economic Development
11	11		First Read: 21-Mar-24
12	12		1
13	13		2
14	14		3
15	15		4
16	16		5
17	17		6
18	18		7
19	19		8
20		-	9 SB252 ~~Enrolled~~
	20	+	9 SB252 Engrossed
21	21		Page 1
22	22		First Read: 21-Mar-24
23		-	Enrolled, An Act,
	23	+	A BILL
	24	+	TO BE ENTITLED
	25	+	AN ACT
24	26		To add Article 24, commencing with Section 41-10-870,
25	27		to Chapter 10, Title 41 of the Code of Alabama 1975; to create
26	28		the Alabama Growth Alliance; to provide legislative findings;
27	29		to provide for its incorporation; to provide for the creation
28	30		of a board; to provide for the powers and duties of the
29	31		corporation; to allow the corporation to enter into contracts;
30	32		to provide for amendments to the governing documents of the
31	33		corporation; and to provide for the dissolution of the
32	34		corporation.
33	35		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
34	36		Section 1. This Act shall be known and may be cited as
35	37		the Alabama Growth Alliance Act.
36	38		Section 2. Article 24, commencing with Section
37	39		41-10-870, is added to Chapter 10, Title 41 of the Code of
38	40		Alabama 1975, to read as follows:
39	41		41-10-870. LEGISLATIVE FINDINGS
40	42		The Legislature finds and declares all of the
41	43		following:
42	44		(1) The State of Alabama has a great need to ensure the
43	45		long-term viability of the state’s economic development
44		-	successes.
45		-	(2) Other states have had significant success in
46		-	economic development by involving the private sector in
47		-	long-term planning to help identify and fill strategic gaps in
48		-	states efforts that are not currently addressed by existing
49		-	agencies, ensuring a comprehensive approach to economic growth
50	46		1
51	47		2
52	48		3
53	49		4
54	50		5
55	51		6
56	52		7
57	53		8
58	54		9
59	55		10
60	56		11
61	57		12
62	58		13
63	59		14
64	60		15
65	61		16
66	62		17
67	63		18
68	64		19
69	65		20
70	66		21
71	67		22
72	68		23
73	69		24
74	70		25
75	71		26
76	72		27
77		-	28 SB252 ~~Enrolled~~
	73	+	28 SB252 Engrossed
78	74		Page 2
	75	+	long-term viability of the state’s economic development
	76	+	successes.
	77	+	(2) Other states have had significant success in
	78	+	economic development by involving the private sector in
	79	+	long-term planning to help identify and fill strategic gaps in
	80	+	states efforts that are not currently addressed by existing
79	81		agencies, ensuring a comprehensive approach to economic growth
80	82		and development.
81	83		(3) It is believed that by taking advantage of private
82	84		sector expertise and support that exists within many chambers
83	85		of commerce and other organizations, the state will be able to
84	86		develop initiatives more rapidly and efficiently.
85	87		(4) By leveraging the strengths of both the public and
86	88		private sectors, the state can foster a more collaborative and
87	89		efficient approach to economic development, leading to more
88	90		innovative and effective solutions.
89	91		(5) A public-private partnership can supplement
90	92		existing state efforts to focus on the development of
91	93		specific, high-growth industries where Alabama has competitive
92	94		advantages, ensuring the state becomes a national or global
93	95		leader in these sectors.
94	96		(6) By focusing on long-range planning, the
95	97		public-private partnership can ensure that Alabama’s economic
96	98		development efforts are sustainable and forward-thinking, thus
97	99		providing stability and predictability for businesses and
98	100		investors.
99	101		(7) States with proactive economic development
100	102		strategies, such as public-private partnerships, can be more
101	103		successful in attracting investment. Creation of a similar
102		-	model will help give Alabama a competitive edge in the
103		-	national and global market, helping to attract significant
104		-	business investments.
105		-	(8) It is desirable and in the public interest to
106		-	establish a public corporation governed by a board of public
107		-	and private leaders to be a part of the state’s economic
108	104		29
109	105		30
110	106		31
111	107		32
112	108		33
113	109		34
114	110		35
115	111		36
116	112		37
117	113		38
118	114		39
119	115		40
120	116		41
121	117		42
122	118		43
123	119		44
124	120		45
125	121		46
126	122		47
127	123		48
128	124		49
129	125		50
130	126		51
131	127		52
132	128		53
133	129		54
134	130		55
135		-	56 SB252 ~~Enrolled~~
	131	+	56 SB252 Engrossed
136	132		Page 3
	133	+	successful in attracting investment. Creation of a similar
	134	+	model will help give Alabama a competitive edge in the
	135	+	national and global market, helping to attract significant
	136	+	business investments.
	137	+	(8) It is desirable and in the public interest to
	138	+	establish a public corporation governed by a board of public
137	139		and private leaders to be a part of the state’s economic
138	140		development strategies designed to sustain and enhance
139	141		Alabama’s long-term success, growth, and viability of its
140	142		economic development policies.
141	143		41-10-871. DEFINITIONS
142	144		For the purposes of this article, the following terms
143	145		have the following meanings:
144	146		(1) BOARD. The governing board of the corporation.
145	147		(2) CORPORATION. The Alabama Growth Alliance created by
146	148		this article as a public corporation having a legal existence
147	149		separate and apart from the state and any county,
148	150		municipality, or political subdivision.
149	151		(3) ECONOMIC DEVELOPMENT ENTITY.
150	152		a. A nonprofit corporation that possesses all of the
151	153		following characteristics:
152	154		1. Is organized as a nonprofit corporation exempt from
153	155		federal income tax under Section 501(c) of the Internal
154	156		Revenue Code of 1986, as amended.
155	157		2. Has a record of, or can demonstrate that it is
156	158		capable of, serving the entire state on matters involving
157	159		economic development.
158	160		3. Has a record of, or can demonstrate that it is
159	161		capable of, developing, fostering, and implementing economic
160		-	development policies and strategies across Alabama.
161		-	4. Has received, or is eligible to receive, grant
162		-	funding from the state or from federal or private sources.
163		-	b. In determining whether a nonprofit corporation
164		-	qualifies as an economic development entity, the board may
165		-	attribute to the nonprofit corporation the experiences of its
166	162		57
167	163		58
168	164		59
169	165		60
170	166		61
171	167		62
172	168		63
173	169		64
174	170		65
175	171		66
176	172		67
177	173		68
178	174		69
179	175		70
180	176		71
181	177		72
182	178		73
183	179		74
184	180		75
185	181		76
186	182		77
187	183		78
188	184		79
189	185		80
190	186		81
191	187		82
192	188		83
193		-	84 SB252 ~~Enrolled~~
	189	+	84 SB252 Engrossed
194	190		Page 4
	191	+	capable of, developing, fostering, and implementing economic
	192	+	development policies and strategies across Alabama.
	193	+	4. Has received, or is eligible to receive, grant
	194	+	funding from the state or from federal or private sources.
	195	+	b. In determining whether a nonprofit corporation
	196	+	qualifies as an economic development entity, the board may
195	197		attribute to the nonprofit corporation the experiences of its
196	198		officers, staff, and directors with other nonprofit
197	199		corporations.
198	200		41-10-872. INCORPORATION OF GROWTH ALLIANCE
199	201		(a) The Governor, the Speaker of the House of
200	202		Representatives, and the President Pro Tempore of the Senate
201	203		shall present to the Secretary of State an application, signed
202	204		by each of them, for the formation of the Alabama Growth
203	205		Alliance, as a public corporation, having a legal existence
204	206		separate and apart from the state and any county,
205	207		municipality, or political subdivision, which shall set forth
206	208		all of the following:
207	209		(1) The name, office, and office location of each of
208	210		the applicants.
209	211		(2) The date on which each applicant was sworn into
210	212		office for his or her current term of office.
211	213		(3) The name of the proposed public corporation, which
212	214		shall be the Alabama Growth Alliance.
213	215		(4) The location of the principal office of the
214	216		proposed corporation.
215	217		(5) Provisions requiring the board to support the
216	218		Department of Commerce in the development of a recommended
217	219		annual strategic economic development plan for the state and
218		-	standards of measure to be used in measuring the corporation’s
219		-	achievements in executing the plan.
220		-	(6) Provisions requiring the board to review the
221		-	state’s primary economic development incentives on a biennial
222		-	basis and reviewing the effectiveness of the incentives to
223		-	create jobs, attract new business, encourage existing business
224	220		85
225	221		86
226	222		87
227	223		88
228	224		89
229	225		90
230	226		91
231	227		92
232	228		93
233	229		94
234	230		95
235	231		96
236	232		97
237	233		98
238	234		99
239	235		100
240	236		101
241	237		102
242	238		103
243	239		104
244	240		105
245	241		106
246	242		107
247	243		108
248	244		109
249	245		110
250	246		111
251		-	112 SB252 ~~Enrolled~~
	247	+	112 SB252 Engrossed
252	248		Page 5
	249	+	annual strategic economic development plan for the state and
	250	+	standards of measure to be used in measuring the corporation’s
	251	+	achievements in executing the plan.
	252	+	(6) Provisions requiring the board to review the
	253	+	state’s primary economic development incentives on a biennial
	254	+	basis and reviewing the effectiveness of the incentives to
253	255		create jobs, attract new business, encourage existing business
254	256		expansions, and achieve other goals as may be determined by
255	257		the board, in cooperation with the Joint Legislative Advisory
256	258		Committee on Economic Incentives or any third party contracted
257	259		with by that committee.
258	260		(7) Any other matter relating to the corporation that
259	261		the applicants may choose to insert and that is not
260	262		inconsistent with this article or state law.
261	263		(b) The application shall be subscribed and sworn to by
262	264		each applicant before a notary public. The Secretary of State
263	265		shall examine the application, and, if he or she finds that
264	266		the application substantially complies with the requirements
265	267		of this section, the application shall be filed and recorded
266	268		in an appropriate book of records in the office of the
267	269		Secretary of State.
268	270		(c) When the application has been made, filed, and
269	271		recorded as provided in subsection (b), the applicants shall
270	272		constitute a public corporation under the name stated in the
271	273		application, and the Secretary of State shall make and issue
272	274		to the applicants a certificate of incorporation pursuant to
273	275		this article, under the Great Seal of the State, and shall
274	276		record the certificate with the application. There shall be no
275	277		fees paid to the Secretary of State for any filing made by the
276		-	corporation pursuant to this article.
277		-	(d) Notwithstanding any provision of law to the
278		-	contrary, any corporation incorporated pursuant to this
279		-	section shall not be deemed to be a part of the state for any
280		-	purpose but shall be treated as a public corporation separate
281		-	and apart from the state.
282	278		113
283	279		114
284	280		115
285	281		116
286	282		117
287	283		118
288	284		119
289	285		120
290	286		121
291	287		122
292	288		123
293	289		124
294	290		125
295	291		126
296	292		127
297	293		128
298	294		129
299	295		130
300	296		131
301	297		132
302	298		133
303	299		134
304	300		135
305	301		136
306	302		137
307	303		138
308	304		139
309		-	140 SB252 ~~Enrolled~~
	305	+	140 SB252 Engrossed
310	306		Page 6
	307	+	fees paid to the Secretary of State for any filing made by the
	308	+	corporation pursuant to this article.
	309	+	(d) Notwithstanding any provision of law to the
	310	+	contrary, any corporation incorporated pursuant to this
	311	+	section shall not be deemed to be a part of the state for any
	312	+	purpose but shall be treated as a public corporation separate
311	313		and apart from the state.
312	314		41-10-873. BOARD OF GROWTH ALLIANCE
313	315		(a) The corporation shall be under the management and
314	316		control of a board of directors, and all powers necessary or
315	317		appropriate for the management and control of the corporation
316	318		shall be vested solely in the board. The board shall be
317	319		comprised of both ex officio members and at-large members, all
318	320		of whom shall be voting members of the board and shall be
319	321		considered in determining whether a quorum is present.
320	322		(b) The board shall have the following members:
321	323		(1) Ex officio members, consisting of the Governor, who
322	324		shall be the chair, the Secretary of Commerce, who shall be
323	325		the co-chair, the Speaker of the House of Representatives, the
324	326		President Pro Tempore of the Senate, the Minority Leader of
325	327		the House of Representatives, the Minority Leader of the
326	328		Senate, and the chair of Innovate Alabama. The service of each
327	329		ex officio member shall run concurrently with his or her
328	330		tenure in office or position. Each ex officio member may
329	331		appoint a person to serve in his or her place at any meeting
330	332		of the board or may designate a person to serve in his or her
331	333		place at all meetings of the board until the term of the ex
332	334		officio member should end. The appointee or designee shall be
333	335		counted for purposes of a quorum and voting. Each ex officio
334		-	member may withdraw the appointment or designation of his or
335		-	her appointee or designee at any time.
336		-	(2) The Governor shall appoint five at-large members
337		-	and the Lieutenant Governor, President Pro Tempore of the
338		-	Senate, and Speaker of the House of Representatives shall each
339		-	appoint one at-large member. Each at-large member shall be an
340	336		141
341	337		142
342	338		143
343	339		144
344	340		145
345	341		146
346	342		147
347	343		148
348	344		149
349	345		150
350	346		151
351	347		152
352	348		153
353	349		154
354	350		155
355	351		156
356	352		157
357	353		158
358	354		159
359	355		160
360	356		161
361	357		162
362	358		163
363	359		164
364	360		165
365	361		166
366	362		167
367		-	168 SB252 ~~Enrolled~~
	363	+	168 SB252 Engrossed
368	364		Page 7
	365	+	counted for purposes of a quorum and voting. Each ex officio
	366	+	member may withdraw the appointment or designation of his or
	367	+	her appointee or designee at any time.
	368	+	(2) The Governor shall appoint five at-large members
	369	+	and the Lieutenant Governor, President Pro Tempore of the
	370	+	Senate, and Speaker of the House of Representatives shall each
369	371		appoint one at-large member. Each at-large member shall be an
370	372		individual in the private sector with experience relevant to
371	373		the purposes and activities of the corporation including, but
372	374		not limited to, experience with any of the following:
373	375		a. Participating on boards of, or being employed by,
374	376		nonprofit corporations which promote economic development
375	377		throughout the state.
376	378		b. Having other experience relevant to statewide,
377	379		long-term economic development strategies including, but not
378	380		limited to, any of the following:
379	381		1. Performing enhanced, coordinated research to
380	382		identify targeted growth sectors.
381	383		2. Identifying sites for economic development and
382	384		successfully marketing the sites for major business site
383	385		selection opportunities.
384	386		3. Developing assessments of key issues impacting the
385	387		growth of Alabama’s existing business and industry, along with
386	388		strategies to address challenges and pursue opportunities.
387	389		(c) Board members shall be subject to the Alabama
388		-	ethics ~~law~~.
	390	+	Ethics Act.
389	391		(d) In making appointments of at-large members, the
390	392		Governor shall coordinate his or her appointments so that
391	393		diversity of gender, race, and geographical areas of the board
392		-	of directors is reflective of the makeup of the state.
393		-	(e)(1) The service of each at-large member shall begin
394		-	upon written acceptance of his or her appointment. Each member
395		-	shall serve a term of two years following such written
396		-	acceptance.
397		-	(2) Each at-large member shall continue to serve until
398	394		169
399	395		170
400	396		171
401	397		172
402	398		173
403	399		174
404	400		175
405	401		176
406	402		177
407	403		178
408	404		179
409	405		180
410	406		181
411	407		182
412	408		183
413	409		184
414	410		185
415	411		186
416	412		187
417	413		188
418	414		189
419	415		190
420	416		191
421	417		192
422	418		193
423	419		194
424	420		195
425		-	196 SB252 ~~Enrolled~~
	421	+	196 SB252 Engrossed
426	422		Page 8
	423	+	diversity of gender, race, and geographical areas of the board
	424	+	of directors is reflective of the makeup of the state.
	425	+	(e)(1) The service of each at-large member shall begin
	426	+	upon written acceptance of his or her appointment. Each member
	427	+	shall serve a term of two years following such written
	428	+	acceptance.
427	429		(2) Each at-large member shall continue to serve until
428	430		the member is reappointed, or a successor is appointed, to the
429	431		office.
430	432		(3) An at-large member may only serve a maximum of two
431	433		consecutive terms of office but may be reappointed after he or
432	434		she has spent at least two years without serving as an
433	435		at-large member.
434	436		(4) An at-large member may be removed by the Governor
435	437		for any reason, at which time the Governor shall appoint a
436	438		different person to serve.
437	439		(5) A person appointed to fill a vacancy shall serve
438	440		the remainder of the unexpired term and may be reappointed to
439	441		serve an additional term.
440	442		(f) No member shall receive compensation because of his
441	443		or her service as a member. Each member may be reimbursed for
442	444		actual and reasonable travel expenses incurred in the
443	445		performance of his or her duties as a member.
444	446		(g) A majority of the members shall constitute a quorum
445	447		for the transaction of business by the board, and decisions
446	448		shall be made on the basis of a majority of the quorum then
447	449		present and voting. No vacancy in the membership of the board
448	450		or the voluntary disqualification or abstention of any member
449	451		shall impair the right of a quorum to exercise all of the
450		-	powers and duties of the board. Members of the board may
451		-	participate in meetings of the board in person, by means of
452		-	telephone conference, video conference, or other similar
453		-	communications equipment, so that all individuals
454		-	participating in the meeting may hear each other at the same
455		-	time. Participation by any such means shall constitute
456	452		197
457	453		198
458	454		199
459	455		200
460	456		201
461	457		202
462	458		203
463	459		204
464	460		205
465	461		206
466	462		207
467	463		208
468	464		209
469	465		210
470	466		211
471	467		212
472	468		213
473	469		214
474	470		215
475	471		216
476	472		217
477	473		218
478	474		219
479	475		220
480	476		221
481	477		222
482	478		223
483		-	224 SB252 ~~Enrolled~~
	479	+	224 SB252 Engrossed
484	480		Page 9
	481	+	shall impair the right of a quorum to exercise all of the
	482	+	powers and duties of the board. Members of the board may
	483	+	participate in meetings of the board in person, by means of
	484	+	telephone conference, video conference, or other similar
	485	+	communications equipment, so that all individuals
	486	+	participating in the meeting may hear each other at the same
485	487		time. Participation by any such means shall constitute
486	488		presence in person at a meeting for all purposes, including
487	489		for purposes of establishing a quorum. The board shall be
488		-	subject to Chapter 25A of Title 36, provided, however, that
489		-	notice of each meeting shall occur at least seven days prior
490		-	to the meeting and, provided further, that an emergency
491		-	meeting of the board may be called by either the chair or
492		-	cochair when circumstances exist that are deemed by the chair
493		-	or cochair to address unforeseen economic opportunities that
494		-	require immediate action including, but not limited to, a
495		-	major company considering relocation to Alabama but requiring
496		-	swift commitment from state authorities, or threats including,
497		-	but not limited to, the sudden closure of a major employer,
498		-	which could significantly impact the state's economy. Notice
499		-	of an emergency meeting should be given at least 24 hours
500		-	prior to the time the meeting is to commence, unless the
501		-	circumstances of the emergency are such that the meeting must
502		-	convene sooner. In addition to the reasons set forth in
503		-	Section 36-25A-7, the board may go into executive session to
504		-	discuss sensitive matters the disclosure of which would
505		-	undermine or jeopardize economic development, trade, or the
506		-	objectives of the corporation.
507		-	(h) Notwithstanding subsection (g), any action required
508		-	by this article to be taken at a meeting of the board of
509		-	directors of the corporation or any action that may be taken
510		-	at a meeting of a committee of the board of directors may be
511		-	taken without a meeting if a consent in writing, setting forth
512		-	the action so taken, is signed either electronically or in
513		-	person by all of the directors of the board or all of the
	490	+	subject to Chapter 25A of Title 36, provided that notice of
	491	+	each meeting shall occur at least 14 days prior to the
	492	+	meeting. In addition to the reasons set forth in Section
	493	+	36-25A-7, the board may go into executive session to discuss
	494	+	sensitive matters the disclosure of which would undermine or
	495	+	jeopardize economic development, trade, or the objectives of
	496	+	the corporation.
	497	+	(h) The board may appoint other officers to perform
	498	+	duties not inconsistent with this article or applicable law,
	499	+	as the board deems necessary or appropriate.
	500	+	(i) In addition to regular meetings of the board, as
	501	+	may be provided by law or by bylaws adopted by the board,
	502	+	special meetings of the board may be called by the chair
	503	+	acting alone or by any three other members acting in concert,
	504	+	in each case upon notice to each member given in person, by
	505	+	email, by registered letter, or by other means. Notice to each
	506	+	member may be waived upon the unanimous written consent of all
	507	+	members, either before or after the meeting with respect to
	508	+	which the notice would otherwise be required.
	509	+	(j) Minutes of all board meetings shall be kept and
514	510		225
515	511		226
516	512		227
517	513		228
518	514		229
519	515		230
520	516		231
521	517		232
522	518		233
523	519		234
524	520		235
525	521		236
526	522		237
527	523		238
528	524		239
529	525		240
530	526		241
531	527		242
532	528		243
533	529		244
534	530		245
535	531		246
536	532		247
537	533		248
538	534		249
539	535		250
540	536		251
541		-	252 SB252 ~~Enrolled~~
	537	+	252 SB252 Engrossed
542	538		Page 10
543		-	person by all of the directors of the board or all of the
544		-	members of the committee, as the case may be.
545		-	(i) The board may appoint other officers to perform
546		-	duties not inconsistent with this article or applicable law,
547		-	as the board deems necessary or appropriate.
548		-	(j) In addition to regular meetings of the board, as
549		-	may be provided by law or by bylaws adopted by the board,
550		-	special meetings of the board may be called by the chair
551		-	acting alone or by any three other members acting in concert,
552		-	in each case upon notice to each member given in person, by
553		-	email, by registered letter, or by other means. Notice to each
554		-	member may be waived upon the unanimous written consent of all
555		-	members, either before or after the meeting with respect to
556		-	which the notice would otherwise be required.
557		-	(k) Minutes of all board meetings shall be kept and
	539	+	(j) Minutes of all board meetings shall be kept and
558	540		maintained in the records of the corporation.
559	541		41-10-874. POWERS OF GROWTH ALLIANCE
560	542		(a) The board shall have all of the powers necessary to
561	543		carry out and effectuate the purposes of this article
562	544		including the following powers:
563	545		(1) Provide input and support on the development,
564	546		monitoring, and updating of the long-range economic
565	547		development vision and strategies of the state.
566	548		(2) Support the development and implementation of
567	549		objectives and key tactics to achieve the long-range economic
568	550		development vision and strategies of the state.
569	551		(3) Identify opportunities and make recommendations to
570	552		the Governor regarding the coordination of economic
571	553		development efforts between state agencies, private
	554	+	organizations, and other economic development entities and
	555	+	stakeholders.
	556	+	(4) Provide input and support related to the
	557	+	establishment of a communication plan to ensure key
	558	+	stakeholders are periodically informed on economic development
	559	+	progress and results.
	560	+	(5) Provide input and support in regards to biennially
	561	+	measuring the effectiveness of key economic development
	562	+	incentives, which shall include, but not be limited to, the
	563	+	Alabama Jobs Act, the Growing Alabama Act, the Innovating
	564	+	Alabama Act, the Site Evaluation Economic Development
	565	+	Strategy, and the Tax Incentive Reform Act of 1992, in
	566	+	cooperation with the Joint Legislative Advisory Committee on
	567	+	Economic Incentives or any third party contracted with by that
572	568		253
573	569		254
574	570		255
575	571		256
576	572		257
577	573		258
578	574		259
579	575		260
580	576		261
581	577		262
582	578		263
583	579		264
584	580		265
585	581		266
586	582		267
587	583		268
588	584		269
589	585		270
590	586		271
591	587		272
592	588		273
593	589		274
594	590		275
595	591		276
596	592		277
597	593		278
598	594		279
599		-	280 SB252 ~~Enrolled~~
	595	+	280 SB252 Engrossed
600	596		Page 11
601		-	development efforts between state agencies, private
602		-	organizations, and other economic development entities and
603		-	stakeholders.
604		-	(4) Provide input and support related to the
605		-	establishment of a communication plan to ensure key
606		-	stakeholders are periodically informed on economic development
607		-	progress and results.
608		-	(5) Provide input and support in regards to biennially
609		-	measuring the effectiveness of key economic development
610		-	incentives, which shall include, but not be limited to, the
611		-	Alabama Jobs Act, the Growing Alabama Act, the Innovating
612		-	Alabama Act, the Site Evaluation Economic Development
613		-	Strategy, and the Tax Incentive Reform Act of 1992, in
614		-	cooperation with the Joint Legislative Advisory Committee on
615	597		Economic Incentives or any third party contracted with by that
616	598		committee.
617	599		(6) Provide input on and support to implement the
618	600		following economic development objectives:
619	601		a. Increasing private investment in Alabama.
620	602		b. Advancing international and domestic trade
621	603		opportunities.
622	604		c. Marketing the state as a pro-economic growth
623	605		location for new investment.
624	606		d. Revitalizing, retaining, and expanding Alabama’s
625	607		manufacturing industries, and promoting emerging complementary
626	608		industries.
627	609		e. Assisting, promoting, and enhancing economic
628	610		opportunities in the state’s rural communities.
629	611		f. Promoting opportunities for minority-owned
	612	+	businesses.
	613	+	g. Identifying economic growth opportunities in
	614	+	emerging sectors.
	615	+	(7) Adopt, alter, and repeal bylaws for the regulation
	616	+	and conduct of the corporation’s affairs and business, and for
	617	+	the implementation of this article.
	618	+	(8) Make and enter into contracts, leases, and
	619	+	agreements, and take other actions as may in its judgment be
	620	+	necessary or desirable to accomplish the purposes of the
	621	+	corporation and to exercise any power necessary for the
	622	+	accomplishment of the purposes of the corporation or
	623	+	incidental to the powers expressly set forth in this article.
	624	+	(9) Appoint, employ, and contract with employees,
	625	+	agents, advisors, consultants, and service providers
630	626		281
631	627		282
632	628		283
633	629		284
634	630		285
635	631		286
636	632		287
637	633		288
638	634		289
639	635		290
640	636		291
641	637		292
642	638		293
643	639		294
644	640		295
645	641		296
646	642		297
647	643		298
648	644		299
649	645		300
650	646		301
651	647		302
652	648		303
653	649		304
654	650		305
655	651		306
656	652		307
657		-	308 SB252 ~~Enrolled~~
	653	+	308 SB252 Engrossed
658	654		Page 12
659		-	f. Promoting opportunities for minority-owned
660		-	businesses.
661		-	g. Identifying economic growth opportunities in
662		-	emerging sectors.
663		-	h. Recognizing the unique natural resources of Alabama,
664		-	promoting and supporting ecotourism opportunities in the state
665		-	in order to enhance the state's attractiveness for a skilled
666		-	workforce.
667		-	(7) Adopt, alter, and repeal bylaws for the regulation
668		-	and conduct of the corporation’s affairs and business, and for
669		-	the implementation of this article.
670		-	(8) Make and enter into contracts, leases, and
671		-	agreements, and take other actions as may in its judgment be
672		-	necessary or desirable to accomplish the purposes of the
673		-	corporation and to exercise any power necessary for the
674		-	accomplishment of the purposes of the corporation or
675		-	incidental to the powers expressly set forth in this article.
676		-	(9) Appoint, employ, and contract with employees,
677	655		agents, advisors, consultants, and service providers
678	656		including, but not limited to, attorneys, accountants,
679	657		financial experts, and other advisors, consultants, and agents
680	658		as may in its judgment be necessary or desirable to accomplish
681	659		any purpose of the corporation or incidental to the powers
682	660		expressly set forth in this article, and to fix the
683	661		compensation of those persons.
684	662		(10) Manage, invest, and expend funds at its disposal.
685	663		(11) Grant monies and things of value in aid of or to,
686	664		any individual, firm, corporation, or other business entity,
687	665		public or private, as may in its judgment be necessary or
	666	+	desirable to accomplish any purpose of the corporation or
	667	+	incidental to the powers expressly set forth in this article.
	668	+	(12) Take any action necessary to exercise its rights
	669	+	or fulfill its obligations relevant to the corporation under
	670	+	state law.
	671	+	(13) In addition to the foregoing, the board shall have
	672	+	all of the powers necessary to carry out and effectuate the
	673	+	purposes of this article; provided that nothing in this
	674	+	article shall be construed to authorize the board to exercise
	675	+	any power conferred by law on any agency, department, office,
	676	+	or other instrumentality of state government.
	677	+	(b) The board may enter into agreements with one or
	678	+	more economic development entities to assist the corporation
	679	+	with: (i) periodic evaluation of Alabama's competitiveness
	680	+	with other states; and (ii) developing and analyzing global,
	681	+	national, state, and sector economic trends and conditions to
	682	+	support strategic planning. In undertaking any of the
	683	+	foregoing, the agreement shall accomplish both of the
688	684		309
689	685		310
690	686		311
691	687		312
692	688		313
693	689		314
694	690		315
695	691		316
696	692		317
697	693		318
698	694		319
699	695		320
700	696		321
701	697		322
702	698		323
703	699		324
704	700		325
705	701		326
706	702		327
707	703		328
708	704		329
709	705		330
710	706		331
711	707		332
712	708		333
713	709		334
714	710		335
715		-	336 SB252 ~~Enrolled~~
	711	+	336 SB252 Engrossed
716	712		Page 13
717		-	public or private, as may in its judgment be necessary or
718		-	desirable to accomplish any purpose of the corporation or
719		-	incidental to the powers expressly set forth in this article.
720		-	(12) Take any action necessary to exercise its rights
721		-	or fulfill its obligations relevant to the corporation under
722		-	state law.
723		-	(13) In addition to the foregoing, the board shall have
724		-	all of the powers necessary to carry out and effectuate the
725		-	purposes of this article; provided that nothing in this
726		-	article shall be construed to authorize the board to exercise
727		-	any power conferred by law on any agency, department, office,
728		-	or other instrumentality of state government.
729		-	(b) The board may enter into agreements with one or
730		-	more economic development entities to assist the corporation
731		-	with: (i) periodic evaluation of Alabama's competitiveness
732		-	with other states; and (ii) developing and analyzing global,
733		-	national, state, and sector economic trends and conditions to
734		-	support strategic planning. In undertaking any of the
735	713		foregoing, the agreement shall accomplish both of the
736	714		following:
737	715		(1) Requires regular reporting to the corporation by
738	716		the economic development entity.
739	717		(2) Allows for the reasonable costs of the economic
740	718		development entity to be reimbursed or otherwise paid only if
741	719		directly related to the fulfillment of the agreement, as
742	720		determined by the corporation.
743	721		(c) The board may make, enter into, and execute
744	722		contracts, agreements, and other instruments with, accept aid
745	723		and grants from, and cooperate with, any other person or
	724	+	entity including, but not limited to, all of the following:
	725	+	(1) The United States of America, the state, or any
	726	+	agency, instrumentality, or political subdivision of either.
	727	+	(2) For profit or nonprofit private entities.
	728	+	(3) Public bodies, departments, or authorities
	729	+	including, but not limited to, the executive departments of
	730	+	the state, to act on behalf of the board in carrying out
	731	+	functions which the board determines are consistent with the
	732	+	corporation's powers.
	733	+	(d) The corporation shall be, and shall operate as, a
	734	+	public corporation and shall have a legal existence separate
	735	+	and apart from the state and any county, municipality, or
	736	+	political subdivision.
	737	+	41-10-875. GROWTH ALLIANCE CONTRACTS
	738	+	The board may enter into contracts, leases, agreements,
	739	+	investments, and may otherwise expend monies without
	740	+	compliance with Article 5, commencing with Section 41-4-110,
	741	+	of Chapter 4 of Title 41, and Chapter 2 of Title 39. Solely as
746	742		337
747	743		338
748	744		339
749	745		340
750	746		341
751	747		342
752	748		343
753	749		344
754	750		345
755	751		346
756	752		347
757	753		348
758	754		349
759	755		350
760	756		351
761	757		352
762	758		353
763	759		354
764	760		355
765	761		356
766	762		357
767	763		358
768	764		359
769	765		360
770	766		361
771	767		362
772	768		363
773		-	364 SB252 ~~Enrolled~~
	769	+	364 SB252 Engrossed
774	770		Page 14
775		-	and grants from, and cooperate with, any other person or
776		-	entity including, but not limited to, all of the following:
777		-	(1) The United States of America, the state, or any
778		-	agency, instrumentality, or political subdivision of either.
779		-	(2) For profit or nonprofit private entities.
780		-	(3) Public bodies, departments, or authorities
781		-	including, but not limited to, the executive departments of
782		-	the state, to act on behalf of the board in carrying out
783		-	functions which the board determines are consistent with the
784		-	corporation's powers.
785		-	(d) The corporation shall be, and shall operate as, a
786		-	public corporation and shall have a legal existence separate
787		-	and apart from the state and any county, municipality, or
788		-	political subdivision.
789		-	41-10-875. GROWTH ALLIANCE CONTRACTS
790		-	The board may enter into contracts, leases, agreements,
791		-	investments, and may otherwise expend monies without
792		-	compliance with Article 5, commencing with Section 41-4-110,
793	771		of Chapter 4 of Title 41, and Chapter 2 of Title 39. Solely as
794	772		a result of entering into contracts, leases, agreements,
795	773		investments, or otherwise, no for-profit or nonprofit private
796	774		entity, nor the officers, employees, agents, or directors of
797	775		any of the foregoing, shall become subject to Chapter 25 or
798	776		Chapter 25A of Title 36; Article 5, commencing with Section
799	777		41-4-110, of Chapter 4 of Title 41; Chapter 2 of Title 39; or
800	778		Article 3, commencing with Section 36-12-40, of Chapter 12 of
801	779		Title 36.
802	780		41-10-876. AMENDMENTS
803	781		At any time, the Governor, the Speaker of the House of
	782	+	Representatives, and the President Pro Tempore of the Senate
	783	+	may cause their application for formation to be amended by
	784	+	filing an amendment with the Secretary of the State, which may
	785	+	cause its application for formation to be amended by having
	786	+	five of its members file an amendment with the Secretary of
	787	+	State, which shall be sworn to by each signatory thereto
	788	+	before a notary public.
	789	+	41-10-877. DISSOLUTION
	790	+	At any time, the board, by at least three-quarters
	791	+	vote, may dissolve the corporation by having at least
	792	+	three-quarters of its members file with the Secretary of State
	793	+	an application for dissolution, which shall be sworn to by
	794	+	each signatory thereto by a notary public. Upon the filing of
	795	+	the application for dissolution, the corporation shall cease
	796	+	to exist. The Secretary of State shall file and record the
	797	+	application for dissolution, and shall make and issue, under
	798	+	the Great Seal of the State, a certificate that the
	799	+	corporation is dissolved, and shall record the certificate
804	800		365
805	801		366
806	802		367
807	803		368
808	804		369
809	805		370
810	806		371
811	807		372
812	808		373
813	809		374
814	810		375
815	811		376
816	812		377
817	813		378
818	814		379
819	815		380
820	816		381
821	817		382
822	818		383
823	819		384
824	820		385
825	821		386
826	822		387
827	823		388
828	824		389
829	825		390
830	826		391
831		-	392 SB252 ~~Enrolled~~
	827	+	392 SB252 Engrossed
832	828		Page 15
833		-	At any time, the Governor, the Speaker of the House of
834		-	Representatives, and the President Pro Tempore of the Senate
835		-	may cause their application for formation to be amended by
836		-	filing an amendment with the Secretary of the State, which may
837		-	cause its application for formation to be amended by having
838		-	five of its members file an amendment with the Secretary of
839		-	State, which shall be sworn to by each signatory thereto
840		-	before a notary public.
841		-	41-10-877. DISSOLUTION
842		-	At any time, the board, by at least three-quarters
843		-	vote, may dissolve the corporation by having at least
844		-	three-quarters of its members file with the Secretary of State
845		-	an application for dissolution, which shall be sworn to by
846		-	each signatory thereto by a notary public. Upon the filing of
847		-	the application for dissolution, the corporation shall cease
848		-	to exist. The Secretary of State shall file and record the
849		-	application for dissolution, and shall make and issue, under
850		-	the Great Seal of the State, a certificate that the
851	829		corporation is dissolved, and shall record the certificate
852	830		with the application for dissolution. Title to all property
853	831		held in the name of the corporation shall be vested in the
854	832		state upon dissolution of the corporation.
855	833		41-10-878. REPORT TO LEGISLATURE
856	834		Prior to each legislative session beginning in 2026,
857	835		the corporation shall submit an annual report to the
858	836		Legislature detailing the corporation’s efforts to accomplish
859	837		the goals pursuant to this article.
860	838		Section 3. This act shall become effective October 1,
861	839		2024, following its passage and approval by the Governor, or
	840	+	its otherwise becoming law.
862	841		393
863	842		394
864	843		395
865	844		396
866	845		397
867	846		398
868	847		399
869	848		400
870	849		401
871	850		402
872		-	403
	851	+	403 SB252 Engrossed
	852	+	Page 16
	853	+	its otherwise becoming law.
	854	+	Senate
	855	+	Read for the first time and referred
	856	+	to the Senate committee on Fiscal
	857	+	Responsibility and Economic
	858	+	Development
	859	+	................21-Mar-24
	860	+	Read for the second time and placed
	861	+	on the calendar:
	862	+	1 amendment
	863	+	................04-Apr-24
	864	+	Read for the third time and passed
	865	+	as amended
	866	+	Yeas 34
	867	+	Nays 0
	868	+	Abstains 0
	869	+	................09-Apr-24
	870	+	Patrick Harris,
	871	+	Secretary.
873	872		404
874	873		405
875	874		406
876	875		407
877	876		408
878	877		409
879	878		410
880	879		411
881	880		412
882	881		413
883	882		414
884	883		415
885	884		416
886	885		417
887	886		418
888	887		419
889		-	420 SB252 Enrolled
890		-	Page 16
891		-	2024, following its passage and approval by the Governor, or
892		-	its otherwise becoming law.421 SB252 Enrolled
893		-	Page 17
894		-	its otherwise becoming law.
895		-	________________________________________________
896		-	President and Presiding Officer of the Senate
897		-	________________________________________________
898		-	Speaker of the House of Representatives
899		-	SB252
900		-	Senate 09-Apr-24
901		-	I hereby certify that the within Act originated in and passed
902		-	the Senate, as amended.
903		-	Senate 30-Apr-24
904		-	I hereby certify that the within Act originated in and passed
905		-	the Senate, as amended by Conference Committee Report.
906		-	Patrick Harris,
907		-	Secretary.
908		-	House of Representatives
909		-	Passed: 18-Apr-24, as amended.
910		-	House of Representatives
911		-	Passed: 02-May-24, as amended by Conference Committee Report.
912		-	By: Senator Reed
	888	+	420
	889	+	421
913	890		422
914	891		423
915	892		424
916	893		425
917		-	426
918		-	427
919		-	428
920		-	429
921		-	430
922		-	431
923		-	432
924		-	433
925		-	434
926		-	435
927		-	436
928		-	437
929		-	438
930		-	439
931		-	440
932		-	441
933		-	442
934		-	443
935		-	444
936		-	445
937		-	446
938		-	447
939		-	448
940		-	449
941		-	450
942		-	451
943		-	452
944		-	453
945		-	454
946		-	455
947		-	456
948		-	457
949		-	458
950		-	459
951		-	460
952		-	461