Alabama 2025 Regular Session

Alabama House Bill HB90 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB90ENGROSSED~~
	1	+	HB90INTRODUCED
2	2		Page 0
3	3		HB90
4		-	~~SLJ6Z55-2~~
	4	+	HEMD388-1
5	5		By Representative Clarke
6	6		RFD: State Government
7	7		First Read: 04-Feb-25
8	8		PFD: 24-Jan-25
9	9		1
10	10		2
11	11		3
12	12		4
13	13		5
14		-	6 ~~HB90 Engrossed~~
	14	+	6 HEMD388-1 1/23/2025 THR (L)ma 2024-2932
15	15		Page 1
16	16		PFD: 24-Jan-25
	17	+	SYNOPSIS:
	18	+	Under existing law, a municipal housing
	19	+	authority has numerous powers.
	20	+	This bill would further provide for a municipal
	21	+	housing authority's power to manage housing projects
	22	+	and community facilities, participate in lawful forms
	23	+	of business organizations, make loans, create
	24	+	subsidiaries or other lawful business organizations,
	25	+	and enter into contracts.
	26	+	This bill would ratify the creation of any
	27	+	wholly-owned subsidiary of a municipal housing
	28	+	authority.
	29	+	This bill would further provide for a municipal
	30	+	housing authority's power to evaluate and award
	31	+	contracts.
	32	+	This bill would exempt public housing
	33	+	authorities from all taxes.
	34	+	This bill would also make nonsubstantive,
	35	+	technical revisions to update the existing code
	36	+	language to current style.
17	37		A BILL
18	38		TO BE ENTITLED
19	39		AN ACT
20		-	Relating to municipal housing authorities; to amend
21		-	Sections 24-1-22 and 24-1-27, Code of Alabama 1975; to further
22		-	provide for the powers of a municipal housing authority; to
23		-	exempt public housing authorities from all taxes in certain
24		-	circumstances; to ratify certain previously created
25		-	subsidiaries of municipal housing authorities; and to make
26		-	nonsubstantive, technical revisions to update the existing
27		-	code language to current style.
28		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29		-	Section 1. Sections 24-1-22 and 24-1-27, Code of
30		-	Alabama 1975, are amended to read as follows:
31		-	"§24-1-22
32		-	The following terms, wherever used or referred to in
33		-	For the purposes of this article, shall have the following
34		-	respective meanings, unless a different meaning clearly
35		-	appears from the context the following terms have the
36		-	following meanings :
37		-	(1) AUTHORITY or HOUSING AUTHORITY. A public body
38		-	organized as a body corporate and politic in accordance with
39		-	the provisions of this article for the purposes, with the
40	40		1
41	41		2
42	42		3
43	43		4
44	44		5
45	45		6
46	46		7
47	47		8
48	48		9
49	49		10
50	50		11
51	51		12
52	52		13
53	53		14
54	54		15
55	55		16
56	56		17
57	57		18
58	58		19
59	59		20
60	60		21
61	61		22
62	62		23
63	63		24
64	64		25
65	65		26
66	66		27
67		-	28 HB90 ~~Engrossed~~
	67	+	28 HB90 INTRODUCED
68	68		Page 2
	69	+	AN ACT
	70	+	Relating to municipal housing authorities; to amend
	71	+	Sections 24-1-22 and 24-1-27, Code of Alabama 1975; to further
	72	+	provide for the powers of a municipal housing authority; to
	73	+	exempt public housing authorities from all taxes; to ratify
	74	+	certain previously created subsidiaries of municipal housing
	75	+	authorities; and to make nonsubstantive, technical revisions
	76	+	to update the existing code language to current style.
	77	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	78	+	Section 1. Sections 24-1-22 and 24-1-27, Code of
	79	+	Alabama 1975, are amended to read as follows:
	80	+	"§24-1-22
	81	+	The following terms, wherever used or referred to in
	82	+	For the purposes of this article, shall have the following
	83	+	respective meanings, unless a different meaning clearly
	84	+	appears from the context the following terms have the
	85	+	following meanings :
	86	+	(1) AUTHORITY or HOUSING AUTHORITY. A public body
	87	+	organized as a body corporate and politic in accordance with
69	88		the provisions of this article for the purposes, with the
70	89		powers, and subject to the restrictions set forth in this
71	90		article.
72	91		(2)(3) CITY. Any city or incorporated town municipality
73	92		in the State of Alabama this state.
74	93		(3)(8) COUNCIL. The legislative body, council, board of
75	94		commissioners or other body charged with governing the city a
76	95		municipality.
77	96		(4) CITY CLERK and MAYOR. The clerk, and the mayor or
78		-	president of the board of commissioners, respectively, of the
79		-	city, or the officers thereof charged with the duties
80		-	customarily imposed on the clerk and mayor , respectively.
81		-	(5) COMMISSIONER. One of the members of an authority
82		-	appointed in accordance with the provisions of this article.
83		-	(6)(10) GOVERNMENT. Such term shall include the state
84		-	and federal governments and any subdivision, agency, or
85		-	instrumentality, corporate or otherwise, of either of them.
86		-	(7)(17) STATE. The State of Alabama.
87		-	(8)(9) FEDERAL GOVERNMENT. Such term shall include
88		-	theThe United States of America, the federal Secretary United
89		-	States Department of Housing and Urban Development , or any
90		-	agency, instrumentality, corporate or otherwise, of the United
91		-	States of America.
92		-	(9)(11) HOUSING PROJECT. Such term shall include all All
93		-	real and personal property, buildings and improvements,
94		-	stores, offices, public school buildings, lands for farming
95		-	and gardening, and community facilities acquired or
96		-	constructed or to be acquired or constructed pursuant to a
97		-	single plan of undertaking to demolish, clear, remove, alter
98	97		29
99	98		30
100	99		31
101	100		32
102	101		33
103	102		34
104	103		35
105	104		36
106	105		37
107	106		38
108	107		39
109	108		40
110	109		41
111	110		42
112	111		43
113	112		44
114	113		45
115	114		46
116	115		47
117	116		48
118	117		49
119	118		50
120	119		51
121	120		52
122	121		53
123	122		54
124	123		55
125		-	56 HB90 ~~Engrossed~~
	124	+	56 HB90 INTRODUCED
126	125		Page 3
	126	+	(4) CITY CLERK and MAYOR. The clerk, and the mayor or
	127	+	president of the board of commissioners, respectively, of the
	128	+	city, or the officers thereof charged with the duties
	129	+	customarily imposed on the clerk and mayor , respectively.
	130	+	(5) COMMISSIONER. One of the members of an authority
	131	+	appointed in accordance with the provisions of this article.
	132	+	(6)(10) GOVERNMENT. Such term shall include the state
	133	+	and federal governments and any subdivision, agency, or
	134	+	instrumentality, corporate or otherwise, of either of them.
	135	+	(7)(17) STATE. The State of Alabama.
	136	+	(8)(9) FEDERAL GOVERNMENT. Such term shall include
	137	+	theThe United States of America, the federal Secretary United
	138	+	States Department of Housing and Urban Development , or any
	139	+	agency, instrumentality, corporate or otherwise, of the United
	140	+	States of America.
	141	+	(9)(11) HOUSING PROJECT. Such term shall include all All
	142	+	real and personal property, buildings and improvements,
	143	+	stores, offices, public school buildings, lands for farming
	144	+	and gardening, and community facilities acquired or
	145	+	constructed or to be acquired or constructed pursuant to a
127	146		single plan of undertaking to demolish, clear, remove, alter
128	147		or repair unsanitary or unsafe housing , or to provide dwelling
129	148		accommodations at rentals within the means of persons of low
130	149		income. ThisThe term may also be applied to the planning of
131	150		the buildings and improvements ,; the acquisition of property ,;
132	151		the demolition of existing structures ,; the construction,
133	152		reconstruction, alteration and repair of the improvements ; and
134	153		all other work in connection therewith.
135	154		(10)(6) COMMUNITY FACILITIES. Such term shall include
136		-	realReal and personal property and buildings and equipment for
137		-	recreational or social assemblies ,; for educational, health ,
138		-	or welfare purposes ,; and necessary utilities, when designed
139		-	primarily for the benefit and use of the occupants of the
140		-	dwelling accommodations.
141		-	(11)(15) PERSONS OF LOW INCOME. PersonsIndividuals
142		-	receiving less than the income determined by the authority as
143		-	the amount persons individuals must receive to enable them to
144		-	pay the rent necessary to secure safe, sanitary, and
145		-	uncongested dwelling accommodations, other than dwelling
146		-	accommodations provided by the authority or any cities, within
147		-	the boundaries of the authority. Such determinations by the
148		-	authority from time to time shall be binding and conclusive
149		-	for all purposes of this article.
150		-	(12)(2) BONDS. Any bonds, interim certificates, notes,
151		-	debentures, warrants, or other obligations of the authority
152		-	issued pursuant to this article.
153		-	(13) MORTGAGES. Such term shall include deeds Deeds of
154		-	trust, mortgages, building and loan contracts , or other
155		-	instruments conveying real or personal property as security
156	155		57
157	156		58
158	157		59
159	158		60
160	159		61
161	160		62
162	161		63
163	162		64
164	163		65
165	164		66
166	165		67
167	166		68
168	167		69
169	168		70
170	169		71
171	170		72
172	171		73
173	172		74
174	173		75
175	174		76
176	175		77
177	176		78
178	177		79
179	178		80
180	179		81
181	180		82
182	181		83
183		-	84 HB90 ~~Engrossed~~
	182	+	84 HB90 INTRODUCED
184	183		Page 4
	184	+	(10)(6) COMMUNITY FACILITIES. Such term shall include
	185	+	realReal and personal property and buildings and equipment for
	186	+	recreational or social assemblies ,; for educational, health ,
	187	+	or welfare purposes ,; and necessary utilities, when designed
	188	+	primarily for the benefit and use of the occupants of the
	189	+	dwelling accommodations.
	190	+	(11)(15) PERSONS OF LOW INCOME. PersonsIndividuals
	191	+	receiving less than the income determined by the authority as
	192	+	the amount persons individuals must receive to enable them to
	193	+	pay the rent necessary to secure safe, sanitary, and
	194	+	uncongested dwelling accommodations, other than dwelling
	195	+	accommodations provided by the authority or any cities, within
	196	+	the boundaries of the authority. Such determinations by the
	197	+	authority from time to time shall be binding and conclusive
	198	+	for all purposes of this article.
	199	+	(12)(2) BONDS. Any bonds, interim certificates, notes,
	200	+	debentures, warrants, or other obligations of the authority
	201	+	issued pursuant to this article.
	202	+	(13) MORTGAGES. Such term shall include deeds Deeds of
	203	+	trust, mortgages, building and loan contracts , or other
185	204		instruments conveying real or personal property as security
186	205		for bonds and conferring a right to foreclose and cause a sale
187	206		thereof.
188	207		(14)(18) TRUST INDENTURE. Such term shall include
189	208		instrumentsInstruments pledging the revenues of real or
190	209		personal properties but not conveying such properties
191	210		conferring a right to foreclose and cause a sale thereof.
192	211		(15)(7) CONTRACT. Any agreement of an authority with or
193	212		for the benefit of an obligee whether contained in a
194		-	resolution, trust indenture, mortgage, lease, bond, or other
195		-	instrument.
196		-	(16) REAL PROPERTY. Such term shall include lands Lands,
197		-	lands under water, structures and any and all easements,
198		-	franchises and incorporeal hereditaments and every estate and
199		-	right therein, legal and equitable, including terms for years
200		-	and liens by way of judgment, mortgage , or otherwise.
201		-	(17)(14) OBLIGEE OF THE AUTHORITY or OBLIGEE. Such term
202		-	shall include any Any bondholder, trustee or trustees for any
203		-	bondholders, any lessor demising property to the authority
204		-	used in connection with a housing project or any assignee or
205		-	assignees of such lessor's interest, or any part thereof, and
206		-	the United States of America, when it is a party to any
207		-	contract with the authority.
208		-	(12) MIXED-USE PROJECT. Any development project that
209		-	provides more than one use or purpose within a shared building
210		-	or development and which may include any combination of
211		-	housing, lodging, office, retail, medical, recreational,
212		-	commercial, governmental, industrial, or other components. "
213		-	"§24-1-27
214	213		85
215	214		86
216	215		87
217	216		88
218	217		89
219	218		90
220	219		91
221	220		92
222	221		93
223	222		94
224	223		95
225	224		96
226	225		97
227	226		98
228	227		99
229	228		100
230	229		101
231	230		102
232	231		103
233	232		104
234	233		105
235	234		106
236	235		107
237	236		108
238	237		109
239	238		110
240	239		111
241		-	112 HB90 ~~Engrossed~~
	240	+	112 HB90 INTRODUCED
242	241		Page 5
	242	+	for the benefit of an obligee whether contained in a
	243	+	resolution, trust indenture, mortgage, lease, bond, or other
	244	+	instrument.
	245	+	(16) REAL PROPERTY. Such term shall include lands Lands,
	246	+	lands under water, structures and any and all easements,
	247	+	franchises and incorporeal hereditaments and every estate and
	248	+	right therein, legal and equitable, including terms for years
	249	+	and liens by way of judgment, mortgage , or otherwise.
	250	+	(17)(14) OBLIGEE OF THE AUTHORITY or OBLIGEE. Such term
	251	+	shall include any Any bondholder, trustee or trustees for any
	252	+	bondholders, any lessor demising property to the authority
	253	+	used in connection with a housing project or any assignee or
	254	+	assignees of such lessor's interest, or any part thereof, and
	255	+	the United States of America, when it is a party to any
	256	+	contract with the authority.
	257	+	(12) MIXED-USE PROJECT. Any development project that
	258	+	provides more than one use or purpose within a shared building
	259	+	or development and which may include any combination of
	260	+	housing, lodging, office, retail, medical, recreational,
	261	+	commercial, governmental, industrial, or other components. "
243	262		"§24-1-27
244	263		(a) An authority shall constitute a public body and a
245	264		body corporate and politic exercising public powers , and
246	265		having all the powers necessary or convenient to carry out and
247	266		effectuate the purposes and provisions of this article,
248	267		including the following powers in addition to others granted
249	268		in this article:
250	269		(1) To investigate into living, dwelling and, or
251	270		housing conditions and into the means and methods of improving
252		-	suchthe conditions.
253		-	(2) To determine where unsafe or unsanitary dwelling,
254		-	public school, or housing conditions exist.
255		-	(3) To study and make recommendations concerning the
256		-	plan of any city located within its boundaries in relation
257		-	related to the problem of clearing, replanning, and
258		-	reconstruction of areas in which unsafe or unsanitary
259		-	dwelling, public school, or housing conditions exist , and; the
260		-	provision of dwelling accommodations for persons of low
261		-	income,; and to cooperate or cooperation with any city or
262		-	regional planning agency.
263		-	(4) To prepare, carry out, and or operate housing
264		-	projects.
265		-	(5) To provide for the construction, reconstruction,
266		-	improvement, alteration, or repair of any housing project or
267		-	any part thereof of a housing project .
268		-	(6) To take over by purchase, lease, or otherwise any
269		-	housing project undertaken by any government or by any city
270		-	located within its boundaries.
271		-	(7) To manage, as agent of any city located within its
272	271		113
273	272		114
274	273		115
275	274		116
276	275		117
277	276		118
278	277		119
279	278		120
280	279		121
281	280		122
282	281		123
283	282		124
284	283		125
285	284		126
286	285		127
287	286		128
288	287		129
289	288		130
290	289		131
291	290		132
292	291		133
293	292		134
294	293		135
295	294		136
296	295		137
297	296		138
298	297		139
299		-	140 HB90 ~~Engrossed~~
	298	+	140 HB90 INTRODUCED
300	299		Page 6
	300	+	housing conditions and into the means and methods of improving
	301	+	suchthe conditions.
	302	+	(2) To determine where unsafe or unsanitary dwelling,
	303	+	public school, or housing conditions exist.
	304	+	(3) To study and make recommendations concerning the
	305	+	plan of any city located within its boundaries in relation
	306	+	related to the problem of clearing, replanning, and
	307	+	reconstruction of areas in which unsafe or unsanitary
	308	+	dwelling, public school, or housing conditions exist , and; the
	309	+	provision of dwelling accommodations for persons of low
	310	+	income,; and to cooperate or cooperation with any city or
	311	+	regional planning agency.
	312	+	(4) To prepare, carry out, and of operate housing
	313	+	projects.
	314	+	(5) To provide for the construction, reconstruction,
	315	+	improvement, alteration, or repair of any housing project or
	316	+	any part thereof of a housing project .
	317	+	(6) To take over by purchase, lease, or otherwise any
	318	+	housing project undertaken by any government or by any city
	319	+	located within its boundaries.
301	320		(7) To manage, as agent of any city located within its
302	321		boundaries, any housing project constructed or owned by such a
303	322		city.
304	323		(8) To act as agent for the federal government in
305	324		connection with the acquisition, construction, operation, or
306	325		management of a housing project , or any part thereof of a
307	326		housing project.
308	327		(9) To arrange with any city located within its
309	328		boundaries or with a any other government for the furnishing,
310		-	planning, replanning, opening , or closing of streets, roads,
311		-	roadways, alleys, or other places, or facilities, or for the
312		-	acquisition by such a city, or a other government, of
313		-	property, options, or property rights , or for the furnishing
314		-	of property or services in connection with a project.
315		-	(10) To lease or rent any of the dwelling or dwellings,
316		-	other accommodations or any of the, lands, buildings,
317		-	structures, or facilities embraced in any housing project or
318		-	community facility and to establish and or revise the rents or
319		-	charges therefor.
320		-	(11) To enter upon any building or property in order to
321		-	conduct investigations or to make surveys or soundings.
322		-	(12) To purchase, lease, obtain options upon, acquire
323		-	by eminent domain, gift, grant, bequest, or devise, or
324		-	otherwise, any property, real or personal, or any interest
325		-	therein in property from any person, firm, corporation, city,
326		-	or government entity.
327		-	(13) To sell, exchange, transfer, assign, or pledge any
328		-	property, real or personal, or any interest therein in
329		-	property to any person, firm, corporation, city, or government
330	329		141
331	330		142
332	331		143
333	332		144
334	333		145
335	334		146
336	335		147
337	336		148
338	337		149
339	338		150
340	339		151
341	340		152
342	341		153
343	342		154
344	343		155
345	344		156
346	345		157
347	346		158
348	347		159
349	348		160
350	349		161
351	350		162
352	351		163
353	352		164
354	353		165
355	354		166
356	355		167
357		-	168 HB90 ~~Engrossed~~
	356	+	168 HB90 INTRODUCED
358	357		Page 7
	358	+	boundaries or with a any other government for the furnishing,
	359	+	planning, replanning, opening , or closing of streets, roads,
	360	+	roadways, alleys, or other places, or facilities, or for the
	361	+	acquisition by such a city, or a other government, of
	362	+	property, options, or property rights , or for the furnishing
	363	+	of property or services in connection with a project.
	364	+	(10) To lease or rent any of the dwelling or dwellings,
	365	+	other accommodations or any of the, lands, buildings,
	366	+	structures, or facilities embraced in any housing project or
	367	+	community facility and to establish and or revise the rents or
	368	+	charges therefor.
	369	+	(11) To enter upon any building or property in order to
	370	+	conduct investigations or to make surveys or soundings.
	371	+	(12) To purchase, lease, obtain options upon, acquire
	372	+	by eminent domain, gift, grant, bequest, or devise, or
	373	+	otherwise, any property, real or personal, or any interest
	374	+	therein in property from any person, firm, corporation, city,
	375	+	or government entity.
	376	+	(13) To sell, exchange, transfer, assign, or pledge any
	377	+	property, real or personal, or any interest therein in
359	378		property to any person, firm, corporation, city, or government
360	379		entity.
361	380		(14) To own, hold, clear, and or improve property.
362	381		(15) To pay over to the city in which the authority is
363	382		organized all or any part of the proceeds received from the
364	383		sale of any real or personal property; provided, however, that
365	384		an authority may pay over such the proceeds to the city in
366	385		which it is organized only in such the manner and to such the
367	386		extent that such the payment will not violate the terms of any
368		-	then existing contract to which the authority is a party; and,
369		-	provided further, that an authority shall have no power to so
370		-	pay over any part of the proceeds derived from the sale of any
371		-	real or personal property acquired in connection with a
372		-	redevelopment project , as that term is defined in Section
373		-	24-1-4 pursuant to Chapter 2 .
374		-	(16) To insure or provide for the insurance of the
375		-	property or operations of the authority against such risks as
376		-	the authority may deem advisable.
377		-	(17) To procure insurance or guarantees from the
378		-	federal government of the payment of any debts, or parts
379		-	thereofof debts, secured by mortgages made or held by the
380		-	authority on any property included in any housing project.
381		-	(18) To borrow money upon its bonds, notes, warrants,
382		-	debentures, or other evidences of indebtedness, and to secure
383		-	the same by pledges of its revenues, and, subject to the
384		-	limitations hereinafter imposed by this article , by mortgages
385		-	upon property held or to be held by it, or in any other
386		-	manner.
387		-	(19) In connection with any loan, to agree to
388	387		169
389	388		170
390	389		171
391	390		172
392	391		173
393	392		174
394	393		175
395	394		176
396	395		177
397	396		178
398	397		179
399	398		180
400	399		181
401	400		182
402	401		183
403	402		184
404	403		185
405	404		186
406	405		187
407	406		188
408	407		189
409	408		190
410	409		191
411	410		192
412	411		193
413	412		194
414	413		195
415		-	196 HB90 ~~Engrossed~~
	414	+	196 HB90 INTRODUCED
416	415		Page 8
	416	+	extent that such the payment will not violate the terms of any
	417	+	then existing contract to which the authority is a party; and,
	418	+	provided further, that an authority shall have no power to so
	419	+	pay over any part of the proceeds derived from the sale of any
	420	+	real or personal property acquired in connection with a
	421	+	redevelopment project , as that term is defined in Section
	422	+	24-1-4 pursuant to Chapter 2 .
	423	+	(16) To insure or provide for the insurance of the
	424	+	property or operations of the authority against such risks as
	425	+	the authority may deem advisable.
	426	+	(17) To procure insurance or guarantees from the
	427	+	federal government of the payment of any debts, or parts
	428	+	thereofof debts, secured by mortgages made or held by the
	429	+	authority on any property included in any housing project.
	430	+	(18) To borrow money upon its bonds, notes, warrants,
	431	+	debentures, or other evidences of indebtedness, and to secure
	432	+	the same by pledges of its revenues, and, subject to the
	433	+	limitations hereinafter imposed by this article , by mortgages
	434	+	upon property held or to be held by it, or in any other
	435	+	manner.
417	436		(19) In connection with any loan, to agree to
418	437		limitations upon its right to dispose of any housing project ,
419	438		or part thereof, of a housing project or to undertake
420	439		additional housing projects.
421	440		(20) In connection with any loan by a government, to
422	441		agree to limitations upon the exercise of any powers conferred
423	442		upon the authority by this article.
424	443		(21) To invest any funds held in reserves or, sinking
425	444		funds, or any funds not required for immediate disbursement ,
426		-	in property or securities in which savings banks may legally
427		-	invest funds subject to their control.
428		-	(22) To sue and be sued.
429		-	(23) To have a seal and to alter the same at pleasure
430		-	seal.
431		-	(24) To have perpetual succession.
432		-	(25) To make and execute contracts and or other
433		-	instruments necessary or convenient to the exercise of the
434		-	powers of the authority.
435		-	(26) To make and from time to time , amend and, or
436		-	repeal bylaws, rules, and or regulations, not inconsistent
437		-	with this article, to carry into effect the powers and or
438		-	purposes of the authority.
439		-	(27) To conduct examinations and or investigations and,
440		-	to hear testimony and, or to take proof under oath, at public
441		-	or private hearings, on any matter material for its
442		-	information.
443		-	(28) To issue subpoenas requiring the attendance of
444		-	witnesses or the production of books and or papers and, or to
445		-	issue commissions for the examination of witnesses who are out
446	445		197
447	446		198
448	447		199
449	448		200
450	449		201
451	450		202
452	451		203
453	452		204
454	453		205
455	454		206
456	455		207
457	456		208
458	457		209
459	458		210
460	459		211
461	460		212
462	461		213
463	462		214
464	463		215
465	464		216
466	465		217
467	466		218
468	467		219
469	468		220
470	469		221
471	470		222
472	471		223
473		-	224 HB90 ~~Engrossed~~
	472	+	224 HB90 INTRODUCED
474	473		Page 9
	474	+	funds, or any funds not required for immediate disbursement ,
	475	+	in property or securities in which savings banks may legally
	476	+	invest funds subject to their control.
	477	+	(22) To sue and be sued.
	478	+	(23) To have a seal and to alter the same at pleasure
	479	+	seal.
	480	+	(24) To have perpetual succession.
	481	+	(25) To make and execute contracts and or other
	482	+	instruments necessary or convenient to the exercise of the
	483	+	powers of the authority.
	484	+	(26) To make and from time to time , amend and, or
	485	+	repeal bylaws, rules, and or regulations, not inconsistent
	486	+	with this article, to carry into effect the powers and or
	487	+	purposes of the authority.
	488	+	(27) To conduct examinations and or investigations and,
	489	+	to hear testimony and, or to take proof under oath, at public
	490	+	or private hearings, on any matter material for its
	491	+	information.
	492	+	(28) To issue subpoenas requiring the attendance of
	493	+	witnesses or the production of books and or papers and, or to
475	494		issue commissions for the examination of witnesses who are out
476	495		of the state or unable to attend before the authority or
477	496		excused from attendance.
478	497		(29) To make available to such any agencies, boards , or
479	498		commissions as are charged with the duty of abating nuisances
480	499		or demolishing unsafe or unsanitary structures within its the
481	500		authority's territorial limits , its findings and
482	501		recommendations with regard to any building or property where
483	502		conditions exist which are dangerous to the public health,
484		-	morals, safety, or welfare.
485		-	(30) To operate, lease, convey, or otherwise manage any
486		-	housing project or community facility upon terms the authority
487		-	deems appropriate, useful, or expedient, regardless of who
488		-	owns or who will own or acquire the project or facility.
489		-	(31) To participate in any lawful form of business
490		-	organization that is involved in the development or
491		-	operational activities of any buildings, structures,
492		-	facilities, or other improvements constituting a housing
493		-	project, community facility, or mixed-use project which the
494		-	board of directors of the authority determines are
495		-	appropriate, useful, or expedient to the authority's purposes.
496		-	An authority may appoint an individual to a governing body or
497		-	to enter into a contract or other agreement with another party
498		-	for the development, operation, design, marketing,
499		-	maintenance, financing, leasing, or use of any housing
500		-	project, community facility, or mixed-use project upon terms
501		-	the authority's board of directors determines are appropriate,
502		-	useful, or expedient to the authority's purposes. Any
503		-	determination by the board of directors shall be conclusive.
504	503		225
505	504		226
506	505		227
507	506		228
508	507		229
509	508		230
510	509		231
511	510		232
512	511		233
513	512		234
514	513		235
515	514		236
516	515		237
517	516		238
518	517		239
519	518		240
520	519		241
521	520		242
522	521		243
523	522		244
524	523		245
525	524		246
526	525		247
527	526		248
528	527		249
529	528		250
530	529		251
531		-	252 HB90 ~~Engrossed~~
	530	+	252 HB90 INTRODUCED
532	531		Page 10
	532	+	conditions exist which are dangerous to the public health,
	533	+	morals, safety, or welfare.
	534	+	(30) To operate, lease, convey, or otherwise manage any
	535	+	housing project or community facility upon terms the authority
	536	+	deems appropriate, useful, or expedient, regardless of who
	537	+	owns or who will own or acquire the project or facility.
	538	+	(31) To participate in any lawful form of business
	539	+	organization that is involved in the development or
	540	+	operational activities of any buildings, structures,
	541	+	facilities, or other improvements constituting a housing
	542	+	project, community facility, or mixed-use project which the
	543	+	board of directors of the authority determines are
	544	+	appropriate, useful, or expedient to the authority's purposes.
	545	+	An authority may appoint an individual to a governing body or
	546	+	to enter into a contract or other agreement with another party
	547	+	for the development, operation, design, marketing,
	548	+	maintenance, financing, leasing, or use of any housing
	549	+	project, community facility, or mixed-use project upon terms
	550	+	the authority's board of directors determines are appropriate,
	551	+	useful, or expedient to the authority's purposes. Any
533	552		determination by the board of directors shall be conclusive.
534	553		(32) To make or arrange for loans, contributions to
535	554		capital, or other debt or equity financing for the activities
536	555		of any lawful business organization of which the authority is
537	556		a member; to guarantee loans, issue bonds, or incur other
538	557		forms of indebtedness on behalf of any lawful business
539	558		organization of which the authority is a member; or to loan
540	559		funds to other entities upon terms the authority determines
541	560		are appropriate, useful, or expedient for the authority's
542		-	purposes. Any determination by the board of directors shall be
543		-	conclusive. A business organization, affiliate, or subsidiary
544		-	not wholly owned by the authority, or a partnership entered
545		-	into or created by the authority with a private business
546		-	entity, shall not have the power of eminent domain.
547		-	(33) To create, establish, acquire, operate, or support
548		-	for-profit or nonprofit subsidiaries or affiliates to assist
549		-	the authority in fulfilling its purposes.
550		-	(34) To create, establish, or support other
551		-	nonaffiliated lawful business organizations that further the
552		-	authority's purposes.
553		-	(35) To accomplish or facilitate the creation,
554		-	establishment, acquisition, development, operation, or support
555		-	of any subsidiary, affiliate, or other nonaffiliated lawful
556		-	business organization by means of loans of funds, leases of
557		-	real or personal property, gifts or grants of funds, or
558		-	guarantees of indebtedness or contractual performance of
559		-	subsidiaries, affiliates, or nonaffiliated public or private
560		-	parties.
561		-	(36) To enter contracts, agreements, or understandings
562	561		253
563	562		254
564	563		255
565	564		256
566	565		257
567	566		258
568	567		259
569	568		260
570	569		261
571	570		262
572	571		263
573	572		264
574	573		265
575	574		266
576	575		267
577	576		268
578	577		269
579	578		270
580	579		271
581	580		272
582	581		273
583	582		274
584	583		275
585	584		276
586	585		277
587	586		278
588	587		279
589		-	280 HB90 ~~Engrossed~~
	588	+	280 HB90 INTRODUCED
590	589		Page 11
	590	+	are appropriate, useful, or expedient for the authority's
	591	+	purposes. Any determination by the board of directors shall be
	592	+	conclusive. Any agreements or contracts entered into by an
	593	+	authority shall be subject to Section 24-1-40.
	594	+	(33) To create, establish, acquire, operate, or support
	595	+	for-profit or nonprofit subsidiaries or affiliates to assist
	596	+	the authority in fulfilling its purposes.
	597	+	(34) To create, establish, or support other
	598	+	nonaffiliated lawful business organizations that further the
	599	+	authority's purposes.
	600	+	(35) To accomplish or facilitate the creation,
	601	+	establishment, acquisition, development, operation, or support
	602	+	of any subsidiary, affiliate, or other nonaffiliated lawful
	603	+	business organization by means of loans of funds, leases of
	604	+	real or personal property, gifts or grants of funds, or
	605	+	guarantees of indebtedness or contractual performance of
	606	+	subsidiaries, affiliates, or nonaffiliated public or private
	607	+	parties.
591	608		(36) To enter contracts, agreements, or understandings
592	609		with any other party, including, but not limited to, any of
593	610		the following:
594	611		a. Design-build, design-build-operate,
595	612		design-build-own-operate, design-build-own-operate-maintain,
596	613		design-build-finance-operate-maintain, or other similar
597	614		arrangements or agreements pursuant to which the design,
598	615		right-of-way acquisition, relocation of structures or
599	616		utilities, construction, financing, ownership, management,
600	617		maintenance, or operation of a housing project or community
601		-	facility is accomplished by or on behalf of the authority. To
602		-	the extent that an authority is using any state or local
603		-	public funds to pay for goods or services in connection with
604		-	this paragraph, the authority shall comply with the provisions
605		-	of Title 39, as applicable.
606		-	b. Leases, licenses, franchises, concessions, or other
607		-	agreements for the development, operation, management,
608		-	financing, or undertaking of all or any part of a housing
609		-	project or community facility of or on behalf of the
610		-	authority.
611		-	(30)(37) To do all things necessary or convenient to
612		-	carry out the powers given in this article.
613		-	(b) Any of the investigations or examinations provided
614		-	for in this article may be conducted by the authority , or; by
615		-	a committee appointed by it, the authority consisting of one
616		-	or more commissioners , or; by counsel,; or by an officer or
617		-	employee especially specifically authorized by the authority
618		-	to conduct it. Any commissioner, counsel for the authority , or
619		-	any other person designated by it the authority to conduct an
	618	+	facility is accomplished by or on behalf of the authority.
620	619		281
621	620		282
622	621		283
623	622		284
624	623		285
625	624		286
626	625		287
627	626		288
628	627		289
629	628		290
630	629		291
631	630		292
632	631		293
633	632		294
634	633		295
635	634		296
636	635		297
637	636		298
638	637		299
639	638		300
640	639		301
641	640		302
642	641		303
643	642		304
644	643		305
645	644		306
646	645		307
647		-	308 HB90 ~~Engrossed~~
	646	+	308 HB90 INTRODUCED
648	647		Page 12
	648	+	facility is accomplished by or on behalf of the authority.
	649	+	b. Leases, licenses, franchises, concessions, or other
	650	+	agreements for the development, operation, management,
	651	+	financing, or undertaking of all or any part of a housing
	652	+	project or community facility of or on behalf of the
	653	+	authority.
	654	+	(30)(37) To do all things necessary or convenient to
	655	+	carry out the powers given in this article.
	656	+	(b) Any of the investigations or examinations provided
	657	+	for in this article may be conducted by the authority , or; by
	658	+	a committee appointed by it, the authority consisting of one
	659	+	or more commissioners , or; by counsel,; or by an officer or
	660	+	employee especially specifically authorized by the authority
	661	+	to conduct it. Any commissioner, counsel for the authority , or
649	662		any other person designated by it the authority to conduct an
650	663		investigation or examination shall have the power to
651	664		administer oaths, take affidavits, and or issue subpoenas or
652	665		commissions.
653	666		(c)(1) An authority may exercise any or all of the
654	667		powers conferred upon it in this article either generally, or
655	668		with respect to any specific housing project or projects
656	669		community facility , through or by an agent or agents which it
657	670		may designate, including any corporation or corporations
658	671		lawful form of business organization which arethat is or shall
659	672		may be formed under the laws of this state, and for such
660	673		purposes an authority may cause one or more corporations any
661	674		lawful form of business organization to be formed under the
662	675		laws of this state or may acquire the capital stock of any
663	676		corporation or corporations equity interest in any lawful form
664		-	of business organization .
665		-	(2) Any corporate agent , all of the stock of which
666		-	shall be is solely owned by the authority or its nominee or
667		-	nominees, may, to the extent permitted by law, may exercise
668		-	any of the powers conferred upon the authority in this
669		-	article.
670		-	(3) Any corporate agent established under this section
671		-	that satisfies each of the following criteria shall constitute
672		-	a governmental entity under Chapter 93 of Title 11 , and any
673		-	suits in tort against the agent shall be subject to the
674		-	limitations and provisions of Chapter 93 of Title 11, as
675		-	applicable to each such corporate agent whose assets,
676		-	operations, and management are legally and effectively
677		-	controlled by the housing authority and through which the
678	677		309
679	678		310
680	679		311
681	680		312
682	681		313
683	682		314
684	683		315
685	684		316
686	685		317
687	686		318
688	687		319
689	688		320
690	689		321
691	690		322
692	691		323
693	692		324
694	693		325
695	694		326
696	695		327
697	696		328
698	697		329
699	698		330
700	699		331
701	700		332
702	701		333
703	702		334
704	703		335
705		-	336 HB90 ~~Engrossed~~
	704	+	336 HB90 INTRODUCED
706	705		Page 13
	706	+	corporation or corporations equity interest in any lawful form
	707	+	of business organization .
	708	+	(2) Any corporate agent , all of the stock of which
	709	+	shall be is solely owned by the authority or its nominee or
	710	+	nominees, may, to the extent permitted by law, may exercise
	711	+	any of the powers conferred upon the authority in this
	712	+	article.
	713	+	(3) Any corporate agent established under this section
	714	+	that satisfies each of the following criteria shall constitute
	715	+	a governmental entity under Chapter 93 of Title 11 , and any
	716	+	suits in tort against the agent shall be subject to the
	717	+	limitations and provisions of Chapter 93 of Title 11, as
	718	+	applicable to each such corporate agent whose assets,
	719	+	operations, and management are legally and effectively
707	720		controlled by the housing authority and through which the
708	721		housing authority's functions or policies are implemented:
709	722		a. The housing authority's board of commissioners
710	723		constitutes all of the board of directors of the corporate
711	724		agent.
712	725		b. The housing authority's executive director serves as
713	726		the president of the corporate agent.
714	727		c. The organizational documents of the corporate agent
715	728		contain provisions that in the event of a change in the
716	729		controlling interest of the corporate agent, all public
717	730		housing assets of the corporate agent are returned to the
718	731		housing authority.
719	732		d. The sole purpose for which the corporate agent is
720	733		formed and authorized is to develop, own, manage, operate, or
721	734		maintain the housing authority's real property that serves as
722		-	dwelling accommodations for persons of low income or as a
723		-	community facility , including any real property the housing
724		-	authority transfers to the corporate agent for the
725		-	aforementioned purpose.
726		-	(d) In addition to all of the other powers conferred
727		-	upon it in this section, an authority may do all things
728		-	necessary and convenient to carry out the power expressly
729		-	given in this article. No provisions with respect to the
730		-	acquisition, operation , or disposition of property by other
731		-	public bodies shall be applicable to an authority, unless the
732		-	Legislature shall specifically so stateprovided by law.
733		-	(e) Any previous creation, establishment,
734		-	incorporation, or formation by any authority of any business
735		-	entity wholly-owned by the authority, together with all
736	735		337
737	736		338
738	737		339
739	738		340
740	739		341
741	740		342
742	741		343
743	742		344
744	743		345
745	744		346
746	745		347
747	746		348
748	747		349
749	748		350
750	749		351
751	750		352
752	751		353
753	752		354
754	753		355
755	754		356
756	755		357
757	756		358
758	757		359
759	758		360
760	759		361
761	760		362
762	761		363
763		-	364 HB90 ~~Engrossed~~
	762	+	364 HB90 INTRODUCED
764	763		Page 14
	764	+	maintain the housing authority's real property that serves as
	765	+	dwelling accommodations for persons of low income or as a
	766	+	community facility , including any real property the housing
	767	+	authority transfers to the corporate agent for the
	768	+	aforementioned purpose.
	769	+	(d) In addition to all of the other powers conferred
	770	+	upon it in this section, an authority may do all things
	771	+	necessary and convenient to carry out the power expressly
	772	+	given in this article. No provisions with respect to the
	773	+	acquisition, operation , or disposition of property by other
	774	+	public bodies shall be applicable to an authority, unless the
	775	+	Legislature shall specifically so stateprovided by law.
	776	+	(e) Any previous creation, establishment,
	777	+	incorporation, or formation by any authority of any business
765	778		entity wholly-owned by the authority, together with all
766	779		proceedings, acts, or other things undertaken, performed, or
767	780		done by the entity prior to June 1, 2025, are validated,
768	781		ratified, confirmed, approved, and declared legal in all
769	782		respects.
770		-	(f) To the extent that an authority is using any state
771		-	or local funds, evaluation criteria for a contract procured
772		-	pursuant to this section shall be made in compliance with
773		-	Title 39."
774		-	Section 2. (a) All of the following shall be exempt
775		-	from all state taxes:
776		-	(1) A municipal housing authority and the authority's
777		-	property and income.
778		-	(2) Bonds issued by the authority.
779		-	(3) Income from bonds issued by the authority.
780		-	(4) Conveyances to or from the authority.
781		-	(5) Leases, mortgages, or deeds of trust to or from the
782		-	authority.
783		-	(b) An authority may be exempted from the taxes levied
784		-	by a county, municipality, or other political subdivision of
785		-	the state, including, but not limited to, deed taxes, mortgage
786		-	taxes, license taxes, or excise taxes. The county exemption
787		-	provided by this subsection shall only apply if approved by a
788		-	resolution pertaining to county taxes adopted by the county
789		-	commission. The municipal exemption provided by this
790		-	subsection shall only apply if approved by an ordinance
791		-	pertaining to municipal taxes adopted by the city council.
792		-	(c) A municipal housing authority shall be exempt from
793		-	all fees, taxes, or other costs imposed by a judge of probate;
	783	+	(f) Notwithstanding any provision of law to the
	784	+	contrary, proposals under this section may be evaluated or
	785	+	awarded by the authority based on the qualifications of
	786	+	participants or the best value, or both, as evaluated by the
	787	+	procedures of the authority and taking into consideration the
	788	+	best interests of the authority. Evaluation criteria for a
	789	+	contract procured pursuant to this subsection shall be set
	790	+	forth in the contract's request for proposal. A contract may
	791	+	also be awarded through any existing procurement authority,
	792	+	proposal, or any other means of procurement available to the
794	793		365
795	794		366
796	795		367
797	796		368
798	797		369
799	798		370
800	799		371
801	800		372
802	801		373
803	802		374
804	803		375
805	804		376
806	805		377
807	806		378
808	807		379
809	808		380
810	809		381
811	810		382
812	811		383
813	812		384
814	813		385
815	814		386
816	815		387
817	816		388
818	817		389
819	818		390
820	819		391
821		-	392 HB90 ~~Engrossed~~
	820	+	392 HB90 INTRODUCED
822	821		Page 15
823		-	all fees, taxes, or other costs imposed by a judge of probate;
824		-	provided, that with respect to any fees, taxes, or other costs
825		-	otherwise payable to a county, an authority shall only be
826		-	exempt if approved by a resolution adopted by the county
827		-	commission.
	822	+	proposal, or any other means of procurement available to the
	823	+	authority."
	824	+	Section 2. (a) For the purposes of this section, the
	825	+	term "municipal housing authority" has the same meaning as in
	826	+	Section 21-1-22, Code of Alabama 1975.
	827	+	(b) All of the following shall be exempt from all
	828	+	taxation in this state, including, but not limited to, deed
	829	+	taxes, mortgage taxes, license taxes, or excise taxes:
	830	+	(1) A municipal housing authority and the authority's
	831	+	property and income.
	832	+	(2) Bonds issued by the authority.
	833	+	(3) Income from bonds issued by the authority.
	834	+	(4) Conveyances to or from the authority.
	835	+	(5) Leases, mortgages, or deeds of trust to or from the
	836	+	authority shall be exempt from all taxation in this state.
	837	+	(c) A municipal housing authority shall be exempt from
	838	+	all fees, taxes, or other costs imposed by a judge of probate.
	839	+	(d) The exemptions created pursuant to this section
	840	+	shall apply to any wholly-owned subsidiary of a municipal
	841	+	housing authority.
828	842		Section 3. This act shall become effective on June 1,
829	843		2025.
830	844		393
831	845		394
832	846		395
833	847		396
834	848		397
835		-	398 HB90 Engrossed
836		-	Page 16
837		-	2025.
838		-	House of Representatives
839		-	Read for the first time and referred
840		-	to the House of Representatives
841		-	committee on State Government
842		-	................04-Feb-25
843		-	Read for the second time and placed
844		-	on the calendar:
845		-	0 amendments
846		-	................03-Apr-25
847		-	Read for the third time and passed
848		-	as amended
849		-	Yeas 97
850		-	Nays 5
851		-	Abstains 1
852		-	................10-Apr-25
853		-	John Treadwell
854		-	Clerk
	849	+	398
855	850		399
856	851		400
857	852		401
858	853		402
859	854		403
860	855		404
861	856		405
862	857		406
863	858		407
864	859		408
865	860		409
866	861		410
867	862		411
868	863		412
869	864		413
870		-	414
871		-	415
872		-	416
873		-	417
874		-	418
875		-	419