Alabama 2024 Regular Session

Alabama Senate Bill SB275 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~SB275ENROLLED~~
	1	+	SB275ENGROSSED
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3	3		SB275
4		-	41MA3RR-3
	4	+	41MA3RR-2
5	5		By Senators Melson, Sessions
6	6		RFD: Agriculture, Conservation, and Forestry
7	7		First Read: 02-Apr-24
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12		-	5 SB275 ~~Enrolled~~
	12	+	5 SB275 Engrossed
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14	14		First Read: 02-Apr-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		To amend Section 11-20-70 and Section 11-20-73, last
17	19		amended by Act 2023-232, 2023 Regular Session, Code of Alabama
18	20		1975, relating to agriculture authorities organized by a
19	21		county under Section 11-20-70 of the Code of Alabama 1975, to
20	22		further specify the power of an authority to develop
21	23		commercial facilities and to use the revenue generated to
22	24		support the authority's mission.
23	25		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24	26		Section 1. Section 11-20-70 and Section 11-20-73, last
25	27		amended by Act 2023-232, 2023 Regular Session, Code of Alabama
26	28		1975, are amended to read as follows:
27	29		"§11-20-70
28	30		(a) An agriculture authority may be established in any
29	31		county to construct and operate facilities to promote
30	32		agricultural businesses, operations, and commodities,
31	33		workforce development, and economic development within the
32	34		county, and to otherwise raise revenue to be used for the
33	35		purposes of the authority, as further provided in this
34	36		article. The operational area of an agriculture authority may
35	37		not extend beyond the boundaries of the county in which an
36	38		agriculture authority is incorporated.
37	39		(b) Any number of natural persons who are residents and
38		-	qualified electors in the county may file an application in
39		-	writing with the county commission for authority to
40		-	incorporate and organize an agriculture authority. If the
41		-	application is approved, the county commission shall adopt a
42		-	resolution declaring it to be wise, expedient, and beneficial
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	69	+	(b) Any number of natural persons who are residents and
	70	+	qualified electors in the county may file an application in
	71	+	writing with the county commission for authority to
	72	+	incorporate and organize an agriculture authority. If the
	73	+	application is approved, the county commission shall adopt a
72	74		resolution declaring it to be wise, expedient, and beneficial
73	75		to the county that the agriculture authority be formed and
74	76		that the persons filing the application are authorized to form
75	77		the authority. An agriculture authority may not be formed
76	78		under this article unless the application is approved by the
77	79		county commission and the resolution required herein is
78	80		adopted.
79	81		(c) Once the county commission has approved the
80	82		application as provided in subsection (b), the persons seeking
81	83		incorporation of an agriculture authority shall file articles
82	84		of incorporation with the office of the judge of probate that
83	85		do all of the following:
84	86		(1) Contain a statement that the incorporators propose
85	87		to incorporate an agriculture authority pursuant to this
86	88		article.
87	89		(2) StatesState the authorized operational area of the
88	90		proposed authority within the county.
89	91		(3) State that the county commission has approved the
90	92		application for an agriculture authority and has adopted a
91	93		resolution declaring that it is expedient that the proposed
92	94		authority be formed by approving the written application.
93	95		(d) The application shall be accompanied by articles of
94	96		incorporation that include all of the following:
95	97		(1) A designation of the authorized operational area of
96		-	the authority which shall be considered an agriculture center,
97		-	including the name of each municipality within the authorized
98		-	operational area, which may not extend beyond the boundaries
99		-	of the county in which the authority is incorporated.
100		-	(2) The names of the incorporators of the authority and
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	127	+	(1) A designation of the authorized operational area of
	128	+	the authority which shall be considered an agriculture center,
	129	+	including the name of each municipality within the authorized
	130	+	operational area, which may not extend beyond the boundaries
	131	+	of the county in which the authority is incorporated.
130	132		(2) The names of the incorporators of the authority and
131	133		a statement that each is qualified to incorporate the
132	134		authority.
133	135		(3) The name of the authority, which must include the
134	136		words "Agriculture Authority " or "Agriculture Center
135	137		Authority" and be reasonably descriptive of the operational
136	138		area of the authority.
137	139		(4) The period of the authority, which may be
138	140		perpetual.
139	141		(5) The location of the principal office of the
140	142		authority, which shall be within the boundaries of the county.
141	143		(6) A statement that the authority is organized
142	144		pursuant to this article.
143	145		(7) If the exercise by the authority of any of its
144	146		powers is to be in any way prohibited, limited, or
145	147		conditioned, a statement of the terms of the prohibition,
146	148		limitation, or condition.
147	149		(8) The number of directors, which may not exceed
148	150		seven, and the duration of their respective terms of office,
149	151		which may not exceed six years.
150	152		(9) The manner of appointing directors, which shall be
151	153		a combination of appointment by the county commission and
152	154		appointment by the legislative delegation for the authorized
153	155		operational area of the authority; provided, however, a
154		-	majority of the directors must be appointed by the legislative
155		-	delegation.
156		-	(10) Any provision not inconsistent with this article
157		-	relating to the dissolution of the authority.
158		-	(11) Any other matters relating to the authority that
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186		-	84 SB275 ~~Enrolled~~
	183	+	84 SB275 Engrossed
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	185	+	operational area of the authority; provided, however, a
	186	+	majority of the directors must be appointed by the legislative
	187	+	delegation.
	188	+	(10) Any provision not inconsistent with this article
	189	+	relating to the dissolution of the authority.
188	190		(11) Any other matters relating to the authority that
189	191		the incorporators may choose to insert and that are not
190	192		inconsistent with this article or with state law.
191	193		(e) The articles shall be signed by each of the
192	194		incorporators.
193	195		(f) Upon the filing for record of the articles with the
194	196		office of the judge of probate, the authority shall come into
195	197		existence and shall constitute a public corporation under the
196	198		name set forth in its articles of incorporation. The
197	199		acceptance of articles for recording by the judge of probate
198	200		shall be conclusive evidence of the due, legal, and valid
199	201		incorporation of the agriculture authority in all courts. The
200	202		judge of probate shall record the articles in an appropriate
201	203		book in his or her office. There shall be no filing fee or
202	204		recording taxes due or payable on account of the filing for
203	205		record of the articles.
204	206		(g) Notwithstanding any other provision of this
205	207		article, the articles of incorporation or legal existence of
206	208		an agriculture authority shall not be deemed invalid for the
207	209		sole reason that the articles of incorporation of the
208	210		authority fail to specify an authorized operational area, and
209	211		every agriculture authority whose articles of incorporation
210	212		fail to specify an authorized operational area, but are
211	213		otherwise formed in accordance with this article, may do all
212		-	things contemplated by this article as if the agriculture
213		-	authority had designated as its authorized operational area
214		-	the county of incorporation."
215		-	"§11-20-73
216		-	(a) An agriculture authority shall have the following
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244		-	112 SB275 ~~Enrolled~~
	241	+	112 SB275 Engrossed
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	243	+	otherwise formed in accordance with this article, may do all
	244	+	things contemplated by this article as if the agriculture
	245	+	authority had designated as its authorized operational area
	246	+	the county of incorporation."
	247	+	"§11-20-73
246	248		(a) An agriculture authority shall have the following
247	249		powers, which it may exercise in the agriculture authority's
248	250		authorized operational area:
249	251		(1) To have succession by its corporate name until
250	252		dissolved as provided in this article.
251	253		(2) To adopt bylaws making provisions for its actions
252	254		not inconsistent with this article.
253	255		(3) To institute and defend legal proceedings in any
254	256		court of competent jurisdiction and proper venue; provided,
255	257		however, that the board may not be sued in any trial court
256	258		other than the courts of the county of incorporation;
257	259		provided, further, that the officers, directors, agents, and
258	260		employees of an agriculture authority may not be sued for
259	261		their actions on behalf of the authority except for actions
260	262		that are unreasonable or known by the person to be unlawful or
261	263		are performed with reckless disregard for the lawfulness of
262	264		such actions.
263	265		(4) To plan for construction and development of an
264	266		agriculture center within the operational area of the
265	267		agriculture authority on property owned by the authority.
266	268		Construction and development may include, without limitation,
267	269		any or all of the following:
268	270		a. Buildings to hold offices for use by the federal
269	271		government, the state or any agency of the state, the county,
270		-	or one or more municipalities within the county.
271		-	b. Buildings to house or accommodate public facilities
272		-	of the federal government, the state or any agency of the
273		-	state, the county, or one or more municipalities within the
274		-	county.
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302		-	140 SB275 ~~Enrolled~~
	299	+	140 SB275 Engrossed
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	301	+	government, the state or any agency of the state, the county,
	302	+	or one or more municipalities within the county.
	303	+	b. Buildings to house or accommodate public facilities
	304	+	of the federal government, the state or any agency of the
	305	+	state, the county, or one or more municipalities within the
304	306		county.
305	307		c. Streets, boulevards, walkways, parkways, parks, or
306	308		other places of recreation.
307	309		d. Monuments, statues, or other structures beautifying
308	310		the agriculture center.
309	311		e. Community houses, meeting houses, or auditoriums.
310	312		f. Arenas, convention halls, sports facilities,
311	313		stadiums, hotels or other facilities for use as a transient
312	314		guest housing facility, multifamily housing, dormitory
313	315		housing, food courts or other food venue facilities, any
314	316		facilities that provide for or support any public or private
315	317		educational institution, and any other facilities related to
316	318		or incidental to the foregoing.
317	319		g. Music halls, art museums, art exhibits, or other
318	320		exhibits for the advancement of the humanities and cultural
319	321		development.
320	322		h. Any other buildings, structures, facilities, and
321	323		other improvements that the board of directors of the
322	324		agriculture authority determines are appropriate, useful, or
323	325		expedient to the authority's purposes from time to time. The
324	326		determination of the authority board of directors shall be
325	327		conclusive.
326	328		(5) To acquire property and rights and interests in
327	329		property by gift, grant, lease, or purchase.
328		-	(6) To accept or receive gifts, bequests, and devises.
329		-	(7) To have and use a corporate seal and alter the seal
330		-	at its pleasure.
331		-	(8) To appoint officers, agents, employees, and
332		-	attorneys and to fix their compensation.
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	359	+	property by gift, grant, lease, or purchase.
	360	+	(6) To accept or receive gifts, bequests, and devises.
	361	+	(7) To have and use a corporate seal and alter the seal
	362	+	at its pleasure.
	363	+	(8) To appoint officers, agents, employees, and
362	364		attorneys and to fix their compensation.
363	365		(9) To hire professionals and enter into contracts for
364	366		their services in designing and supervising the construction
365	367		of any building, agriculture center, auditorium, arena,
366	368		convention hall, music hall, art museum, place of recreation,
367	369		art exhibit, office building, or other structure that it
368	370		desires to construct.
369	371		(10) To make and enter into contracts and to execute
370	372		all instruments necessary or convenient to lease or purchase
371	373		and own real or personal property to be used for the
372	374		furtherance of the purposes for the accomplishment of which
373	375		the authority is created.
374	376		(11) To plan for programs and exhibits in the
375	377		agriculture center for the advancement of the agricultural,
376	378		cultural, and workforce development interests of the citizens
377	379		of the county and of the municipalities thereof.
378	380		(12) To purchase or lease real property and rights or
379	381		easements therein necessary or convenient for its purposes and
380	382		to use the same so long as its existence shall continue.
381	383		(13) To accept pledges of revenues or grants of money
382	384		from any person or governmental entity.
383	385		(14) To sell and lease its property to any person or
384	386		governmental entity.
385	387		(15) To enter into financing agreements with federal or
386		-	state agencies that may require the authority to mortgage its
387		-	property.
388		-	(16) To plan for programs and exhibits in the
389		-	agriculture center for the advancement of agricultural and
390		-	workforce development interests in the county.
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	417	+	(15) To enter into financing agreements with federal or
	418	+	state agencies that may require the authority to mortgage its
	419	+	property.
	420	+	(16) To plan for programs and exhibits in the
	421	+	agriculture center for the advancement of agricultural and
420	422		workforce development interests in the county.
421	423		(17) To enter into long-term contracts or agreements
422	424		for sewer service with any Class 5 municipality within three
423	425		miles of the authority or a utility board of the Class 5
424	426		municipality.
425	427		(18) To accept lease payments, loan repayments, or
426	428		other compensation to or for the authority or other public
427	429		person.
428	430		(19) To invest in bank deposits, U.S. Treasury bills,
429	431		projects, instruments, real, personal, or mixed property, or
430	432		any other investments as the board of directors of the
431	433		authority may from time to time determine to be appropriate
432	434		and convenient to accomplish any purpose for which an
433	435		agriculture authority is organized, including works of
434	436		internal improvement, interests in private or corporate
435	437		enterprises, loans of money or credit to individuals,
436	438		associations, or corporations; and to lend the authority's
437	439		credit, grant public money or things of value in aid of or to
438	440		any individual, association, or corporation whatsoever, or
439	441		become a stockholder in any such corporation, association, or
440	442		company by issuing bonds or otherwise even though they may be
441	443		in violation of Section 93 or Section 94 of the Constitution
442	444		of Alabama of 2022 , if done by the state, a county, city,
443	445		town, or other subdivision of the state, notwithstanding the
444		-	fact that any such investment or action may involve the
445		-	expenditure or appropriation of funds received from a public
446		-	person. In particular, but not by way of limitation, an
447		-	authority may invest its funds, from whatever source, in the
448		-	stock, bonds, debentures, notes, or other securities issued by
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	473	+	224 SB275 Engrossed
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	475	+	town, or other subdivision of the state, notwithstanding the
	476	+	fact that any such investment or action may involve the
	477	+	expenditure or appropriation of funds received from a public
	478	+	person. In particular, but not by way of limitation, an
	479	+	authority may invest its funds, from whatever source, in the
478	480		stock, bonds, debentures, notes, or other securities issued by
479	481		any person locating a project in the authority's operational
480	482		area and may enter into contracts or options, including
481	483		contracts or options for the conveyance, sale, or lease of
482	484		property, to any such person and make direct grants of money,
483	485		property, or services for the purpose of inducing the person
484	486		to locate a project in the authority's operational area.
485	487		(20) To enter into deeds, mortgages, leases, loan
486	488		agreements, or other agreements with any person.
487	489		(21) To acquire real property for the purpose of
488	490		establishing one or more agriculture centers; to improve
489	491		agriculture center sites, whether owned by the authority or by
490	492		any other person, including the improvement of the centers or
491	493		sites by the construction of roads, curbing, gutters,
492	494		drainage, sewerage, utilities, railroad spurs, docks, harbors,
493	495		ports, grading, and the like; to construct, for its own
494	496		account or the account of others, improvements thereon,
495	497		including any project, for the purpose of conveying, leasing,
496	498		or selling the same to any person, including the power to
497	499		convey, lease, or sell the same for its own account or to
498	500		construct the same as an inducement for any person to locate
499	501		and operate a project in the agriculture center or operational
500	502		area, even though the person may not have been identified at
501	503		the time that the improvement may be constructed.
502		-	(22) To sell, exchange, donate, and convey any or all
503		-	of its properties whenever its board of directors finds the
504		-	action to be in furtherance of the purposes for which the
505		-	authority was organized.
506		-	(23) To issue its bonds for the purpose of carrying out
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	531	+	252 SB275 Engrossed
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	533	+	the time that the improvement may be constructed.
	534	+	(22) To sell, exchange, donate, and convey any or all
	535	+	of its properties whenever its board of directors finds the
	536	+	action to be in furtherance of the purposes for which the
	537	+	authority was organized.
536	538		(23) To issue its bonds for the purpose of carrying out
537	539		any of its powers and to apply proceeds from the sale of its
538	540		bonds, whether heretofore or hereafter issued, not only for
539	541		payment of interest thereon prior to and during the
540	542		construction and equipment of any buildings, structures,
541	543		facilities, or other improvements being financed thereby, but
542	544		also for payment of interest thereon.
543	545		(24) To mortgage and pledge any or all of its
544	546		properties both real and personal or any part or parts
545	547		thereof, as security for the payment of the principal of and
546	548		the interest on any bonds so issued and any agreements made in
547	549		connection therewith, whether then owned or thereafter
548	550		acquired, and to pledge the revenues and receipts therefrom or
549	551		from any thereof.
550	552		(25) To enter into contracts, agreements, options,
551	553		leases, loan agreements, deeds, and other instruments, and to
552	554		take other actions as may be necessary or convenient to
553	555		accomplish any purpose for which an authority is organized or
554	556		to exercise any power expressly granted hereunder.
555	557		(26) To enter into contracts, agreements, leases, or
556	558		other instruments, either independently or through another
557	559		entity, to design, develop, construct, own, or operate any
558	560		commercial facility, to acquire lands or other assets for the
559	561		facility, to raise revenue from the operation of the facility,
560		-	and to use any revenue from the operation of any facility to
561		-	fund projects and operations in support of the authority's
562		-	mission, including the payment of any expenses and debt of the
563		-	authority. The power provided in this subdivision shall
564		-	include the power to make advance payments to third parties
565	562		253
566	563		254
567	564		255
568	565		256
569	566		257
570	567		258
571	568		259
572	569		260
573	570		261
574	571		262
575	572		263
576	573		264
577	574		265
578	575		266
579	576		267
580	577		268
581	578		269
582	579		270
583	580		271
584	581		272
585	582		273
586	583		274
587	584		275
588	585		276
589	586		277
590	587		278
591	588		279
592		-	280 SB275 ~~Enrolled~~
	589	+	280 SB275 Engrossed
593	590		Page 11
	591	+	facility, to raise revenue from the operation of the facility,
	592	+	and to use any revenue from the operation of any facility to
	593	+	fund projects and operations in support of the authority's
	594	+	mission, including the payment of any expenses and debt of the
	595	+	authority. The power provided in this subdivision shall
594	596		include the power to make advance payments to third parties
595	597		for services.
596	598		(b) Contracts of an agriculture authority shall be
597	599		executed in the name of the authority by the chair and
598	600		attested by the secretary of the authority. The board may
599	601		provide by resolution for a different form for the execution
600	602		of a contract by an officer or agent other than the chair and
601	603		secretary. A contract, irrespective of its form and of the
602	604		persons executing the contract, shall not be binding unless
603	605		the contract is authorized or ratified by the board.
604	606		(c) An agriculture authority may deposit its funds not
605	607		needed to meet expenses or obligations in any bank or building
606	608		and loan association, provided the deposit is fully insured by
607	609		a federal corporation or agency of the federal government
608	610		insuring deposits in financial institutions.
609	611		(d) In exercising the powers enumerated in this
610	612		section, all mortgages, contracts, judgments, investments,
611	613		loans, debts, and other obligations of any sort of the
612	614		authority due to any third party shall be recovered and
613	615		enforced only against the authority unless the county
614	616		commission approving the formation of the authority
615	617		specifically agrees to accept the obligation by a separate
616	618		affirmative vote of a majority of the members of the county
617	619		commission.
618		-	(e) In addition to all other powers at any time
619		-	conferred on it by this section or otherwise by law, an
620		-	authority shall have the following powers together with all
621		-	powers incidental thereto or necessary to the discharge
622		-	thereof in corporate form:
623	620		281
624	621		282
625	622		283
626	623		284
627	624		285
628	625		286
629	626		287
630	627		288
631	628		289
632	629		290
633	630		291
634	631		292
635	632		293
636	633		294
637	634		295
638	635		296
639	636		297
640	637		298
641	638		299
642	639		300
643	640		301
644	641		302
645	642		303
646	643		304
647	644		305
648	645		306
649	646		307
650		-	308 SB275 ~~Enrolled~~
	647	+	308 SB275 Engrossed
651	648		Page 12
	649	+	commission.
	650	+	(e) In addition to all other powers at any time
	651	+	conferred on it by this section or otherwise by law, an
	652	+	authority shall have the following powers together with all
	653	+	powers incidental thereto or necessary to the discharge
652	654		thereof in corporate form:
653	655		(1) To participate: As a shareholder in a corporation;
654	656		as a joint venturer in a joint venture, whether the joint
655	657		venture is to be memorialized contractually or through the
656	658		formation of one or more separate business entities; as a
657	659		general or limited partner in a limited partnership or a
658	660		general partnership; as a member in a nonprofit corporation or
659	661		limited liability company; or as a member of any other lawful
660	662		form of business organization, that may be involved in the
661	663		development or operational activities of any buildings,
662	664		structures, facilities, and other improvements that the board
663	665		of directors of the authority determines are appropriate,
664	666		useful, or expedient to the authority's purposes. In
665	667		connection with the foregoing, an authority may elect or
666	668		appoint an individual or individuals to a governing body and
667	669		enter into contracts or other agreements with other parties
668	670		for the development, operation, design, marketing,
669	671		maintenance, and use of any facilities upon the terms as the
670	672		board of directors of the authority determines are
671	673		appropriate, useful, or expedient to the authority's purposes.
672	674		Any determination by the authority shall be conclusive.
673	675		(2) To make or arrange for loans, contributions to
674	676		capital, and other debt and equity financing for the
675	677		activities of any corporation of which the authority is a
676		-	shareholder; any joint venture in which the authority is a
677		-	joint venture; any limited partnership or general partnership
678		-	of which the authority is a general or limited partnership;
679		-	any nonprofit corporation in which the authority is a member
680		-	of any other lawful form of business organization of which the
681	678		309
682	679		310
683	680		311
684	681		312
685	682		313
686	683		314
687	684		315
688	685		316
689	686		317
690	687		318
691	688		319
692	689		320
693	690		321
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695	692		323
696	693		324
697	694		325
698	695		326
699	696		327
700	697		328
701	698		329
702	699		330
703	700		331
704	701		332
705	702		333
706	703		334
707	704		335
708		-	336 SB275 ~~Enrolled~~
	705	+	336 SB275 Engrossed
709	706		Page 13
	707	+	activities of any corporation of which the authority is a
	708	+	shareholder; any joint venture in which the authority is a
	709	+	joint venture; any limited partnership or general partnership
	710	+	of which the authority is a general or limited partnership;
	711	+	any nonprofit corporation in which the authority is a member
710	712		of any other lawful form of business organization of which the
711	713		authority is a member; and to guarantee loans, issue bonds, or
712	714		incur other forms of indebtedness on behalf of the
713	715		corporation, joint venture, partnership, nonprofit
714	716		corporation, or other business entity, for such purposes. An
715	717		authority may loan funds that include seller financing
716	718		arrangements whereby the authority is a seller to other
717	719		governmental entities or other business entities whether for
718	720		profit or nonprofit and whether affiliated or non-affiliated
719	721		with the authority, upon the terms as the authority shall
720	722		determine appropriate, useful, or expedient for the
721	723		authority's purposes and the determination by the authority
722	724		shall be conclusive.
723	725		(3) To create, establish, acquire, operate, or support
724	726		subsidiaries and affiliates, either for profit or nonprofit,
725	727		to assist the authority in fulfilling its purposes.
726	728		(4) To create, establish, or support nonaffiliated for
727	729		profit or nonprofit corporations or other lawful business
728	730		organizations that operate and have as their purposes the
729	731		furtherance of the authority's purposes.
730	732		(5) Without limiting the generality of the preceding
731	733		subdivisions, to accomplish and facilitate the creation,
732	734		establishment, acquisition, development, operation, or support
733	735		of any subsidiary, affiliate, nonaffiliated corporation, or
734		-	other lawful business organization by means of loans of funds,
735		-	leases of real or personal property, gifts and grants of
736		-	funds, or guarantees of indebtedness of the subsidiaries,
737		-	affiliates, and non-affiliated corporations.
738		-	(6) In addition to any other authority to enter into
739	736		337
740	737		338
741	738		339
742	739		340
743	740		341
744	741		342
745	742		343
746	743		344
747	744		345
748	745		346
749	746		347
750	747		348
751	748		349
752	749		350
753	750		351
754	751		352
755	752		353
756	753		354
757	754		355
758	755		356
759	756		357
760	757		358
761	758		359
762	759		360
763	760		361
764	761		362
765	762		363
766		-	364 SB275 ~~Enrolled~~
	763	+	364 SB275 Engrossed
767	764		Page 14
	765	+	of any subsidiary, affiliate, nonaffiliated corporation, or
	766	+	other lawful business organization by means of loans of funds,
	767	+	leases of real or personal property, gifts and grants of
	768	+	funds, or guarantees of indebtedness of the subsidiaries,
	769	+	affiliates, and non-affiliated corporations.
768	770		(6) In addition to any other authority to enter into
769	771		contracts, to enter into contracts, agreements, or
770	772		understandings with any other public and private parties
771	773		including, but not limited to, the following:
772	774		a. Design-build, design-build-operate, design-build-
773	775		own-operate, design-build-own-operate-maintain, design-build-
774	776		finance-operate-maintain, or other similar arrangements or
775	777		agreements pursuant to which the design, right-of-way
776	778		acquisition, relocation of structures or utilities,
777	779		construction, financing, ownership, management, maintenance,
778	780		and operation, or any combination thereof of a project is
779	781		accomplished by or on behalf of the authority.
780	782		b. Leases, licenses, franchises, concessions, or other
781	783		agreements for the development, operation, management, or
782	784		undertaking of all or any part of a project of or on behalf of
783	785		the authority.
784	786		(7) Notwithstanding any provision of law to the
785	787		contrary, proposals under this subsection may be evaluated and
786	788		awarded by the authority based on qualifications of
787	789		participants or best value, or both, as evaluated by
788	790		procedures of the authority and taking into consideration the
789	791		best interests of the authority. Evaluation criteria for a
790	792		contract procured pursuant to the preceding sentence shall be
791	793		set forth in the request for proposal for the contract. The
792		-	contract may also be awarded through any existing procurement
793		-	authority, proposals, or other means of procurement otherwise
794		-	available to the authority."
795		-	Section 2. This act shall become effective on June 1,
796		-	2024.
797	794		365
798	795		366
799	796		367
800	797		368
801	798		369
802	799		370
803	800		371
804	801		372
805	802		373
806	803		374
807	804		375
808	805		376
809	806		377
810	807		378
811	808		379
812	809		380
813	810		381
814	811		382
815	812		383
816	813		384
817	814		385
818	815		386
819	816		387
820	817		388
821	818		389
822	819		390
823	820		391
824		-	392 SB275 ~~Enrolled~~
	821	+	392 SB275 Engrossed
825	822		Page 15
	823	+	set forth in the request for proposal for the contract. The
	824	+	contract may also be awarded through any existing procurement
	825	+	authority, proposals, or other means of procurement otherwise
	826	+	available to the authority."
	827	+	Section 2. This act shall become effective on June 1,
826	828		2024.
827		-	________________________________________________
828		-	President and Presiding Officer of the Senate
829		-	________________________________________________
830		-	Speaker of the House of Representatives
831		-	SB275
832		-	Senate 09-Apr-24
833		-	I hereby certify that the within Act originated in and passed
834		-	the Senate, as amended.
835		-	Patrick Harris,
836		-	Secretary.
837		-	House of Representatives
838		-	Passed: 25-Apr-24
839		-	By: Senator Melson
840	829		393
841	830		394
842	831		395
843	832		396
844		-	397
	833	+	397 SB275 Engrossed
	834	+	Page 16
	835	+	2024.
	836	+	Senate
	837	+	Read for the first time and referred
	838	+	to the Senate committee on
	839	+	Agriculture, Conservation, and
	840	+	Forestry
	841	+	................02-Apr-24
	842	+	Read for the second time and placed
	843	+	on the calendar:
	844	+	0 amendments
	845	+	................04-Apr-24
	846	+	Read for the third time and passed
	847	+	as amended
	848	+	Yeas 34
	849	+	Nays 0
	850	+	Abstains 0
	851	+	................09-Apr-24
	852	+	Patrick Harris,
	853	+	Secretary.
845	854		398
846	855		399
847	856		400
848	857		401
849	858		402
850	859		403
851	860		404
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866	875		419
867		-	420
868		-	421
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870		-	423
871		-	424
872		-	425