HB159ENGROSSED
Page 0
HB159
SC4I585-2
By Representative Lovvorn
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
1
2
3
4
5 HB159 Engrossed
Page 1
First Read: 04-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Space Science Exhibit
Commission; to amend Sections 41-9-430, 41-9-431, 41-9-432,
41-9-436, and 41-9-439, Code of Alabama 1975; to rename the
Alabama Space Science Exhibit Commission as the U.S. Space and
Rocket Center Commission; to provide that the Governor serve
as an ex officio nonvoting member of the commission; to
provide further for terms; to authorize interested public and
private partners to provide facilities for U.S. Space and
Rocket Center exhibits; to specify that the commission
operates outside of the State Treasury; to provide further for
the duties of the commission; to amend Sections 36-16-8 and
41-10-303, Code of Alabama 1975; to exempt historical
artifacts held by the commission from the biannual personal
property inventory audit conducted by the Property Inventory
Control Division of the State Auditor's office; to authorize
the Alabama Space Science Exhibit Finance Authority to rename
the authority as the U.S. Space and Rocket Center Finance
Authority; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB159 Engrossed
Page 2
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 41-9-430, 41-9-431, 41-9-432,
41-9-436, and 41-9-439 of the Code of Alabama 1975, are
amended to read as follows:
"§41-9-430
(a)(1) There is hereby created and established a state
agency to be known as the Alabama Space Science Exhibit
Commission, which shall be a public body corporate with all
the powers and privileges of a corporation, for the purpose of
providing for and participating in the management and control
of facilities to house and display such visual exhibits of
space exploration and hardware used therefor as may be made
available by the National Aeronautics and Space
Administration. Such The facility shall constitute a permanent
housing for the national aeronautics and space administration
exhibit, which shall be open to the general public and shall
be located at a place to be designated and made available in
Madison County for a nominal cost through the cooperation of
the Department of the Army and other public and private
partners, where feasible, or at such other locations as the
commission may deem appropriate.
(2)a. Commencing on October 1, 2025, the name of the
Alabama Space Science Exhibit Commission shall be the U.S.
Space and Rocket Center Commission, and all rights, duties,
property, real or personal, and all other effects existing in
the name of the Alabama Space Science Exhibit Commission, or
in any other name by which the commission has been known,
shall continue in the name of the U.S. Space and Rocket Center
Commission. Any existing or future reference to the Alabama
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB159 Engrossed
Page 3
Commission. Any existing or future reference to the Alabama
Space Science Exhibit Commission, or any other name by which
the commission has been known, in any existing law, contract,
or other instrument, shall constitute a reference to the U.S.
Space and Rocket Center Commission.
b. A reasonable transition period for the name change
shall be allowed to permit an orderly and cost-effective
transition relating particularly to the use of equipment and
supplies. All letterhead, business cards, forms, and any other
materials in use by the commission containing the name Alabama
Space Science Exhibit Commission shall continue to be used by
the U.S. Space and Rocket Center Commission until the supplies
are exhausted. Replacement supplies shall contain the name of
the U.S. Space and Rocket Center Commission.
(3) The commission is further empowered to provide such
may do any of the following:
a. Provide facilities as will be mutually agreed upon
between the commission and the Department of the Army , or
other public and private partners, where feasible, for the
housing and display of army weaponry and mementos of national
defense.
b.The commission is further empowered to establish
Establish an energy information and exhibit center in order to
provide information to the public on research and development
in the field or energy as developed by the National
Aeronautics and Space Administration, the Department of the
Army, the Energy Research and Development Administration,
other federal and state agencies, including universities and
colleges, and other public and private sectors engaged in
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB159 Engrossed
Page 4
colleges, and other public and private sectors engaged in
energy related activities.
c.The commission is further empowered to construct
Construct or otherwise acquire, whether by purchase,
construction, exchange, gift, lease , or otherwise, lodging and
other similar facilities, including parking facilities and
facilities for meetings, (provided said items are constructed
within one mile of the Alabama Space and Rocket Center), for
use by visitors to the permanent exhibit of the commission and
users of the commission's visitors' center. In connection
therewith, the commission may acquire any land or construct or
acquire buildings or other improvements and all real and
personal properties deemed necessary by the commission for
such purpose, whether or not now in existence. The commission
may lease to others any such facilities and may also lease
lands of the commission on which such the facilities may be
constructed and charge and collect rent therefor, and
terminate any such lease upon the failure of the lessee to
comply with any of the obligations thereof. The commission may
also sell, exchange, or convey and grant options to any lessee
to acquire any such facilities and may lease lands of the
commission on which such the facilities may be constructed
whenever the commission shall find any such action to be in
furtherance of the purpose for which the commission was
organized."
"§41-9-431
(a) The commission created by Section 41-9-430 shall
consist of 18 members, to be appointed by the Governor, who
shall be bona fide residents and qualified voters of this
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB159 Engrossed
Page 5
shall be bona fide residents and qualified voters of this
state, at least three of whom shall be residents of Madison
County. The remaining members of the commission shall be
appointed from throughout the state in such manner as to
provide general statewide representation on the commission,
but all Governor shall serve as an ex officio nonvoting member
of the commission whose absence does not affect a quorum. The
Governor shall coordinate his or her appointments to assure
the commission membership is inclusive and reflects the
racial, gender, geographic, urban, rural, and economic
diversity of the state. All members shall be qualified persons
individuals of unquestioned loyalty to this country who are
knowledgeable and interested in national defense and space
exploration and in the promotion of interest in such those
fields. Nine of the original members shall be appointed for
terms of four years, and nine of the original members shall be
appointed for terms of eight years. Thereafter Commencing on
October 1, 2025, as terms expire , all members shall serve for
terms of eight six years, with a limit of two full consecutive
terms. Terms served before or being served on October 1, 2025,
do not count toward the two full consecutive term limit. A
member who has served for two full consecutive terms after
October 1, 2025, may not be appointed to any additional terms
for at least six years following the consecutive service . All
members shall serve until their successors are appointed and
qualified, but any member may be removed by the Governor for
just cause. Vacancies shall be filled for the unexpired term
in the same manner as original appointments are made . Service
for an unexpired term does not constitute service for a full
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 HB159 Engrossed
Page 6
for an unexpired term does not constitute service for a full
term for purposes of term limits .
(b) The first chairman chair of the commission shall be
appointed by the Governor from among the original appointees.
Thereafter, each succeeding chairman shall be selected by the
other members membership of the commission.
(c) Members of the commission shall serve without
compensation.
(d) Members and employees of the commission shall be
reimbursed for actual expenses incurred on behalf of the
commission in the development, operation, promotion , and
expansion of its commission programs and activities.
(e) The commission shall hold at least one annual
meeting at the site of the exhibit, and one half one-half of
the members shall constitute a quorum for the transaction of
any business which may properly come before the commission at
any such meeting.
(f) The commission shall be authorized to may provide
for an executive committee of not fewer than five of its
commission members to whom it the commission may delegate such
powers and authority as the commission may deem to be
advisable."
"§41-9-432
The commission shall be authorized may do all of the
following:
(1) To investigate Investigate and select an available
site for housing the exhibits, including the surrounding
grounds, in cooperation with the Department of the Army and,
the community, and other interested public or private
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 HB159 Engrossed
Page 7
the community, and other interested public or private
partners, taking into consideration all pertinent factors
affecting the suitability of such the site;.
(2) To acquire Acquire by rent or lease agreement or
otherwise the necessary housing facilities and to establish,
improve, and enlarge the available facility, including
providing it the facility with necessary equipment,
furnishings, landscaping , and related facilities, including
parking areas and ramps, roadways, sewers, curbs , and
gutters;.
(3) To enter Enter into such contracts and cooperative
agreements with the local, state , and federal governments,
with agencies of such those governments, including the
Department of the Army and the National Aeronautics and Space
Administration, with other public or private individuals,
corporations, associations , and other organizations as the
commission may deem necessary or convenient to carry out the
purpose of this article, such contracts and agreements to
include leases to private industry ;.
(4) To borrow Borrow money from private sources or such
other sources as may be acceptable to the commission under
such terms and conditions as may be provided by law and, in
order to provide security for the repayment of any such
private loans, to pledge such future revenues from admissions
and any other sources as may from time to time be necessary or
desirable;.
(5) To issue Issue and sell, subject to the approval of
the Governor, interest-bearing general obligation bonds not in
excess of $1,900,000.00 one million nine hundred thousand
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 HB159 Engrossed
Page 8
excess of $1,900,000.00 one million nine hundred thousand
dollars ($1,900,000) in principal amount as authorized by
constitutional amendment. Such The bonds shall be general
obligations of the State of Alabama with full faith and credit
and taxing power of the state to be pledged to the prompt and
faithful payment of the principal of the bonds and the
interest thereon. The proceeds from the sale of such the bonds
shall be used exclusively for the purpose of paying the
expenses incurred in the sale and issuance thereof and for the
construction, establishment, improvement , or enlargement and
equipment of building facilities and related grounds,
including the renewal or replacement of structural parts of
such the facility, but not including the purchase of the site
for such the facility;.
(6) To issue Issue and sell at any time and from time
to time its revenue bonds for the purpose of providing funds
to acquire, enlarge, improve, equip , and maintain a facility
and for the payment of obligations incurred for such those
purposes. The principal and interest on any such revenue bonds
shall be payable solely out of the revenues derived from the
project;.
(7) To borrow Borrow money and in evidence of such the
borrowing to issue and sell at any time and from time to time
its revenue bonds (in addition to those authorized under
subdivisions (5) and (6) hereof) for the purpose of carrying
out the commission's power to construct or acquire lodging
facilities, as set out in Section 41-9-430, the principal of
and interest on which shall be payable solely out of the
revenues and receipts derived by the commission from the
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 HB159 Engrossed
Page 9
revenues and receipts derived by the commission from the
operation, leasing , or sale of the lodging facilities. The
resolution under which such the revenue bonds are authorized
to be issued and any mortgage and deed of trust or trust
indenture securing same may contain any agreements and
provisions respecting the operation, maintenance , and
insurance of the property covered by said the mortgage and
deed of trust or trust indenture, the use of the revenues and
receipts subject to such the mortgage and deed of trust or
trust indenture, the creation and maintenance of special funds
from such the revenues and receipts, the rights, duties , and
remedies of the parties to any such instrument and the parties
for the benefit of whom such the instrument is made , and the
rights and remedies available in the event of default as the
commission shall deem advisable and which are not in conflict
herewith. Each pledge, agreement, mortgage , and deed of trust
or trust indenture made for the benefit or security of any of
such the revenue bonds of the commission shall continue
effective until the principal of and interest on the bonds for
the benefit of which the same were made shall have been fully
paid. In the event of default in such payment or in any
agreements of the commission made as a part of the contract
under which such the revenue bonds were issued, whether
contained in the proceedings authorizing those bonds or in any
mortgage and deed of trust or trust indenture executed as
security therefor, said the payment may be enforced by
mandamus, the appointment of a receiver, or either of said
these remedies, and foreclosure of such the mortgage and deed
of trust or trust indenture may, if provided for in said
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 HB159 Engrossed
Page 10
of trust or trust indenture may, if provided for in said
instrument, may be had;.
(8) To make such Make contracts in the issuance of its
bonds as may seem necessary or desirable to assure their
marketability and to provide for their retirement by a pledge
of all or any revenue which may come to the commission from
the investment of the proceeds of the sale of such the bonds
or from any other source whatsoever ;.
(9) To accept Accept public or private gifts, grants ,
and donations;.
(10) To acquire Acquire property by purchase, lease,
gift, or license, such power not to include the purchase of a
site for the facility; .
(11) To allocate Allocate and expend funds from all
donations, income , and revenue from any source whatsoever
coming into its treasury for the fulfillment and
accomplishment of its duties and responsibilities in such
manner as may be necessary and appropriate for the perfection
of the purposes of this article ;. The treasury of the
commission is not within the State Treasury.
(12) To sell Sell, convey, transfer, mortgage, lease ,
or donate any property, franchise, grant, easement, license ,
or lease or interest therein which it the commission may own
and to transfer, assign, sell, mortgage, convey , or donate any
right, title, or interest which it may have in any lease,
contract, agreement, license , or property;.
(13) To employ Employ a chief executive officer or an
executive director and such additional personnel as may be
necessary to accomplish the purposes of this article. The
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280 HB159 Engrossed
Page 11
necessary to accomplish the purposes of this article. The
chief executive officer or executive director and such
additional personnel as may be employed by the commission will
shall serve at the pleasure of the commission. The commission
shall fix the compensation of the chief executive officer or
executive director , and such additional personnel and such
compensation which shall be paid from the funds of the
commission. The commission shall designate the duties and
authority of the chief executive officer or executive director
and such additional personnel . The chief executive officer or
executive director and such any additional personnel shall not
be subject to the provisions of the state Merit System Act;
provided, however, that they shall be eligible for
participation, in whole or in part, in the state health
insurance plan and benefits as provided in Sections 36-29-1
through 36-29-12, and they shall be eligible for
participation, in whole or in part, in the State Employees'
Retirement System under the provisions of Section 36-27-6
governing counties, cities, towns , and other quasi-public
organizations of the state ;, at the discretion of the
commission. The commission and the personnel of the commission
are not subject to the state calendar and other benefits
provided in Section 1-3-8, and may provide, by rule, for a
calendar, holiday schedule, and other employee benefits.
(14) To make such Adopt rules and regulations as the
commission may deem necessary and desirable to provide for the
operation, management , and control of the facility in
cooperation with the Department of the Army and, with the
National Aeronautics and Space Administration ;, and with other
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308 HB159 Engrossed
Page 12
National Aeronautics and Space Administration ;, and with other
public or private partners, where feasible.
(15) To expend Expend funds of the commission in the
development, operation, promotion , and expansion of the
programs and activities of the commission including the
franchising, nationally and internationally, of the United
States Space Camp, a youth science program developed and owned
by the commission ;, and create, maintain, and operate
additional education programs in rocketry, space exploration,
astronomy, aviation, aeronautics, robotics, computer
programming, cybersecurity, and any other topic the commission
deems appropriate to fulfilling the educational mission and
mandate of the U.S. Space and Rocket Center.
(16) To perform such Perform other acts necessary or
incidental to the accomplishment of the purposes of this
article, whether or not specifically authorized in this
section, and not otherwise prohibited by law."
"§41-9-436
In view of the unique character and complexity of the
duties and responsibilities imposed on the commission by this
article, it is hereby specifically provided that the
commission shall have, in addition to the power and authority
enumerated in Section 41-9-432, the right, power and authority
to commission may:
(1) Develop and institute a program of promotion and
advertising of the exhibits and facilities provided for by
this article, said. The program of promotion and advertising
to shall be conducted by the commission both within and
without the state in such manner and to such extent as may be
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336 HB159 Engrossed
Page 13
without the state in such manner and to such extent as may be
deemed economically advisable and appropriate by the
commission;
(2) Purchase and acquire items of tangible personal
property on a competitive bid basis in the manner prescribed
by law for the purchase of such items by state trade schools,
state junior colleges and state colleges and universities
under the supervision and control of the State Board of
Education, the city and county boards of education, the
district boards of education of independent school districts,
the county commissions and the governing bodies of the
municipalities of the state and the governing boards of
instrumentalities of counties and municipalities under
Sections 41-16-50, 41-16-51 and 41-16-53 through 41-16-63
Procure supplies and services in the same manner as an
educational or eleemosynary institution governed by a board of
trustees or other similar governing body pursuant to Section
41-4-124(b)(1); and
(3) Operate itself or, in its discretion enter into
lease agreement with a person or agency of its choosing to
operate, all concessions located in or on the grounds and
facilities operated by the commission, any such lease
agreement to be so designated as to provide maximum services
and convenience to the patrons of the exhibit center and to
provide reasonable revenue return to the commission."
"§41-9-439
The provisions of this article shall be construed
liberally, it being the purpose to provide in this state
appropriate housing facilities for displaying to the general
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364 HB159 Engrossed
Page 14
appropriate housing facilities for displaying to the general
public exhibits of the Department of the Army and of the
National Aeronautics and Space Administration , in cooperation
with public and private partners, if feasible, and for
providing for the management and control of that portion of
the display furnished and supplied by the National Aeronautics
and Space Administration by such means as may be feasible and
agreed upon."
Section 2. Sections 36-16-8 and 41-10-303 of the Code
of Alabama 1975, are amended to read as follows:
"§36-16-8
The Property Inventory Control Division shall establish
a control in the following manner of all nonconsumable state
personal property not exempt under Section 36-16-11.
(1) The head of each department or agency of the state
shall designate one of its employees as property manager for
the department or agency. Except for books, the property
manager shall make a full and complete inventory of all
nonconsumable personal property and certain other items of
personal property deemed important or sensitive enough by the
Property Inventory Control Division to be included in the
inventory of state property of the value of five hundred
dollars ($500) or more owned by the state and used or acquired
by the department or agency. The inventory shall show the
complete description, manufacturer's serial number, cost
price, date of purchase, location, and custodial agency,
responsible officer, or employee, and the state property
control marking. A copy of the inventory shall be submitted to
the Property Inventory Control Division on October 1 and April
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392 HB159 Engrossed
Page 15
the Property Inventory Control Division on October 1 and April
1 of each year. Each inventory shall show all property
acquired since the date of the last inventory. When any
inventory fails to show any property shown on the previous
inventory, then a complete explanation accounting for the
property or the disposition thereof shall be attached to the
inventory and submitted to the Property Inventory Control
Division. All property managers shall keep at all times in
their files a copy of all inventories submitted to the
Property Inventory Control Division, and the copies shall be
subject to examination by any and all state auditors or
employees of the Department of Examiners of Public Accounts.
(2) Each property manager shall be the custodian of,
and responsible for, all property in his or her department or
agency. When any property is entrusted to other employees or
officers of the department or agency, the property manager
shall require a written receipt of the property so entrusted,
which receipt shall be executed by the person receiving the
property. In that event, the property manager shall be
relieved of responsibility of the property, and the employee
or officer of the department or agency shall be responsible
for the property.
(3) No property, except property being transferred to
the Department of Archives and History under Section 41-6-10,
shall be disposed of, transferred, assigned, or entrusted to
any other department, agency, or employee thereof without the
written permission of the Director of the Alabama Department
of Economic and Community Affairs or the Governor of the State
of Alabama or the designee of either of them.
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420 HB159 Engrossed
Page 16
of Alabama or the designee of either of them.
(4) Biannually, the Property Inventory Control Division
shall conduct an inventory of all such state personal property
excluding historical materials in the custody of the
Department of Archives and History and historical materials in
the custody of the U.S. Space and Rocket Center Commission ,
holding every officer or employee strictly accountable for all
personal property assigned to his or her custody.
(5) No later than November 30 of each new fiscal year,
the State Auditor shall report in writing to the Governor all
losses and missing items of state property valued at more than
five hundred dollars ($500) as revealed by the most recent
inventory of state personal property.
(6) Whenever any property manager ceases for any reason
to be the property manager of his or her department or agency,
the director of the department or agency shall immediately
notify in writing the Property Inventory Control Division. The
division shall immediately check the inventories of all
property in the department or agency, and the successor to the
property manager shall execute a written receipt for all
property received by him or her or coming into his or her
custody or control. The last payment of salary due the
property manager shall be withheld until a complete check of
the inventory of the property has been made and approved. In
the event of any shortages, the property manager shall be held
strictly accountable. Notwithstanding the foregoing, the
property manager shall not be held accountable for property
entrusted to any other employee or officer of the department
or agency and for which he or she holds the written receipt of
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448 HB159 Engrossed
Page 17
or agency and for which he or she holds the written receipt of
the employee or officer."
"§41-10-303
(a) To become a corporation, the three individuals
selected pursuant to Section 41-10-302 hereof shall present to
the Secretary of State of Alabama an application signed by
them which shall set forth:
(1) The name and residence of each of the applicants,
together with a certified copy of all documents evidencing
each applicant's selection by the commission and approval by
the Governor;
(2) The name of the proposed corporation, which shall
initially be the "Alabama Space Science Exhibit Finance
Authority" and, upon proper application filed by the
commission with the Secretary of State, shall be renamed the
"U.S. Space and Rocket Center Finance Authority" ;
(3) The location of the principal office of the
proposed corporation; and
(4) Any other matter relating to the incorporation of
the proposed corporation which the applicants may choose to
insert and which is not inconsistent with this article.
(b) The application shall be subscribed and sworn to by
each of the applicants before an officer authorized by the
laws of this state to take acknowledgements to deeds. The
Secretary of State shall examine the application, and if he or
she finds that it the application substantially complies with
the requirements of this section, he or she shall receive and
file it the application and record it in an appropriate book
of records in his or her office."
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476 HB159 Engrossed
Page 18
of records in his or her office."
Section 3. The Code Commissioner, at times determined
appropriate, shall change all references to the Alabama Space
Science Exhibit Commission in the Code of Alabama 1975 to the
U.S. Space and Rocket Center Commission as provided in Section
41-9-430, Code of Alabama 1975.
Section 4. This act shall become effective on October
1, 2025.
477
478
479
480
481
482
483 HB159 Engrossed
Page 19
1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................04-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................12-Feb-25
Read for the third time and passed
as amended
Yeas 101
Nays 0
Abstains 0
................25-Feb-25
John Treadwell
Clerk
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505