HB91ENGROSSED
Page 0
HB91
N9UFJT8-2
By Representative Clarke
RFD: State Government
First Read: 04-Feb-25
PFD: 24-Jan-25
1
2
3
4
5
6 HB91 Engrossed
Page 1
PFD: 24-Jan-25
A BILL
TO BE ENTITLED
AN ACT
Relating to county housing authorities; to amend
Sections 24-1-61 and 24-1-66, Code of Alabama 1975; to further
provide for the powers of a county housing authority; to
ratify certain previously created subsidiaries of county
housing authorities; to exempt county housing authorities from
all taxes in certain circumstances; and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 24-1-61 and 24-1-66, Code of
Alabama 1975, are amended to read as follows:
"§24-1-61
TheFor the purposes of this article, the following
terms, wherever used or referred to in this article shall have
the following respective meaning, unless a different meaning
clearly appears from the context have the following meanings :
(1) AUTHORITY or HOUSING AUTHORITY. A public body
organized as a body corporate and politic in accordance with
the provisions of this article for the purposes, with the
powers, and subject to the restrictions set forth in this
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 HB91 Engrossed
Page 2
powers, and subject to the restrictions set forth in this
article.
(2)(5) COUNTY. All of the county except that any
portion which lies within the territorial boundaries of any
city or incorporated town municipality.
(3)(6) COUNTY COMMISSION. The governing body of any
county.
(4)(9) HOUSING COMMISSIONER. One of the members of an
authority appointed in accordance with the provisions of this
article.
(5)(8) GOVERNMENT. Such term shall include the The state
and or federal governments andgovernment or any subdivision,
agency, or instrumentality, corporate or otherwise, of either
of them.
(6)(16) STATE. The State of Alabama.
(7) FEDERAL GOVERNMENT. Such term shall include the The
United States of America, the federal Secretary United States
Department of Housing and Urban Development , or any agency,
instrumentality, corporate or otherwise, of the United States
of America.
(8)(10) HOUSING PROJECT. Such term shall include all All
real and personal property, buildings and improvements,
stores, offices, public school buildings, lands for farming
and gardening, and community facilities acquired or
constructed, or to be acquired or constructed, pursuant to a
single plan of undertaking to demolish, clear, remove, alter,
or repair unsanitary or unsafe housing or to provide urban or
rural dwelling accommodations at rentals within the means of
persons of low income. The term "housing project" may also be
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 HB91 Engrossed
Page 3
persons of low income. The term "housing project" may also be
applied to the planning of the buildings and improvements ,;
the acquisition of property ,; the demolition of existing
structures,; the construction, reconstruction, alteration, and
repair of the improvements ; and all other work in connection
therewith.
(9)(3) COMMUNITY FACILITIES. Such term shall include
realReal and personal property and buildings and equipment for
recreational or social assemblies , or for educational, health,
or welfare purposes ; and necessary utilities, when designed
primarily for the benefit and use of the occupants of the
dwelling accommodations.
(10)(14) PERSONS OF LOW INCOME. PersonsIndividuals
receiving less than the incomes determined by the authority as
the amount persons individuals must receive to enable them to
pay the rent necessary to secure safe, sanitary, and
uncongested dwelling accommodations, other than dwelling
accommodations provided by a public housing agency or
authority of the county, within the boundaries of the
authority. Such determinations by the authority from time to
time shall be binding and conclusive for all purposes of this
article.
(11)(2) BONDS. Any bonds, interim certificates, notes,
debentures, warrants, or other obligations of the authority
issued pursuant to this article.
(12) MORTGAGE. Such term shall include deeds Deeds of
trust, mortgages, building and loan contracts, or other
instruments conveying real or personal property as security
for bonds and conferring a right to foreclose and cause a sale
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 HB91 Engrossed
Page 4
for bonds and conferring a right to foreclose and cause a sale
thereof.
(13)(17) TRUST INDENTURE. Such term shall include
instrumentsInstruments pledging the revenues of real or
personal properties, but not conveying such properties or
conferring a right to foreclose and cause a sale thereof.
(14)(4) CONTRACT. Any agreement of an authority with or
for the benefit of an obligee, whether contained in a
resolution, trust indenture, mortgage, lease, bond, or other
instrument.
(15) REAL PROPERTY. Such term shall include lands Lands,
lands under water, structures, and any and all easements,
franchises and incorporeal hereditaments and every estate and
right therein, legal and equitable, including terms for years
and liens by way of judgment, mortgage or otherwise, but only
so far as such may, from time to time, be treated as real
property by the laws of Alabama applicable to other persons or
corporations.
(16)(13) OBLIGEE OF THE AUTHORITY or OBLIGEE. Such term
shall include any Any bondholder, trustee, or trustees for any
bondholders, any lessor demising property to the authority
used in connection with a housing project or any assignee or
assignees of such lessor's interest, or any part thereof, and
the United States of America, when it is a party to any
contract with the authority.
(11) MIXED-USE PROJECT. Any development project that
provides more than one use or purpose within a shared building
or development and which may include any combination of
housing, lodging, office, retail, medical, recreational,
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 HB91 Engrossed
Page 5
housing, lodging, office, retail, medical, recreational,
commercial, governmental, industrial, or other components. "
"§24-1-66
(a) An authority shall constitute a public body and a
body corporate and politic exercising public powers , and
having shall have all the powers necessary or convenient to
carry out and effectuate the purposes and provisions of this
article, including the following powers in addition to others
granted in this article:
(1) To investigate into living, dwelling, and or
housing conditions and into the means and methods of improving
such conditions;.
(2) To determine where unsafe or unsanitary dwelling,
public school, or housing conditions exist ;.
(3) To study and make recommendations concerning the
plan of the county in relation related to the problem of
clearing, replanning, and reconstruction of areas in which
unsafe or unsanitary dwelling, public school, or housing
conditions exist , and; the provision of dwelling
accommodations for persons of low income , and to cooperate ; or
cooperation with the county or any regional planning agency ;.
(4) To prepare, carry out, and or operate housing
projects;.
(5) To provide for the construction, reconstruction,
improvement, alteration, or repair of any housing project or
any part thereof; of a housing project.
(6) To take over by purchase, lease, or otherwise any
housing project undertaken by any government or by the
county;.
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 HB91 Engrossed
Page 6
county;.
(7) To manage as agent of the county any housing
project constructed or owned by the county; however, an
authority shall not be deemed to be acting as an agent of the
county when managing a housing project not constructed or
owned by the county or when managing any community facility or
mixed-use project.
(8) To act as agent for the federal government in
connection with the acquisition, construction, operation, or
management of a housing project or any part thereof; of a
housing project.
(9) To arrange with any city or town municipality or
the county or with a any other government for the furnishing,
planning, replanning, opening , or closing of streets, roads,
roadways, alleys, or other places, or facilities, or for the
acquisition by the county or a another government, of
property, options or property rights , or for the furnishing of
property or services in connection with a project ;.
(10) To lease or rent any of the dwelling or dwellings,
other accommodations or any of the, lands, buildings,
structures, or facilities embraced in any housing project or
community facility and to establish and or revise the rents or
charges therefor;.
(11) To enter upon any building or property in order to
conduct investigations or to make surveys or soundings ;.
(12) To purchase, lease, obtain options upon, acquire
by eminent domain, gift, grant, bequest, or devise, or
otherwise, any property, real or personal, or any interest
therein in property from any person, firm, corporation, city,
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 HB91 Engrossed
Page 7
therein in property from any person, firm, corporation, city,
county, or government; entity.
(13) To sell, exchange, transfer, assign , or pledge any
property, real or personal, or any interest therein in
property to any person, firm, corporation, city, county, or
government; entity.
(14) To own, hold, clear, andor improve property ;.
(15) To insure or provide for the insurance of the
property or operations of the authority against such risks as
the authority may deem advisable ;.
(16) To procure insurance or guarantees from the
federal government of the payment of any debts, or parts
thereof, of debts secured by mortgages made or held by the
authority on any property included in any housing project ;.
(17) To borrow money upon its bonds, notes, warrants,
debentures, or other evidences of indebtedness and to secure
the same by pledges of its revenues, and, subject to the
limitations hereinafter imposed by this article , by mortgages
upon property held or to be held by it, or in any other
manner;.
(18) In connection with any loan, to agree to
limitations upon its right to dispose of any housing project,
or part thereofof a housing project , or to undertake
additional housing projects ;.
(19) In connection with any loan by a government, to
agree to limitations upon the exercise of any powers conferred
upon the authority by this article ;.
(20) To invest any funds held in reserves or, sinking
funds, or any funds not required for immediate disbursement,
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 HB91 Engrossed
Page 8
funds, or any funds not required for immediate disbursement,
in property or securities in which savings banks may legally
invest funds subject to their control ;.
(21) To sue and be sued ;.
(22) To have a seal and to alter the same at pleasure;
seal.
(23) To have perpetual succession ;.
(24) To make and execute contracts and or other
instruments necessary or convenient to the exercise of the
powers of the authority ;.
(25) To make and from time to time , amend and, or
repeal bylaws, rules, and or regulations, not inconsistent
with this article , to carry into effect the powers and or
purposes of the authority ;.
(26) To conduct examinations and or investigations and,
to hear testimony and, or to take proof under oath, at public
or private hearings, on any matter material for its
information;.
(27) To issue subpoenas requiring the attendance of
witnesses or the production of books and or papers, and to
issue commissions for the examination of witnesses who are out
of the state or unable to attend before the authority, or
excused from attendance ;.
(28) To make available to such any agencies, boards, or
commissions as are charged with the duty of abating nuisances
or demolishing unsafe or unsanitary structures within its the
authority's territorial limits , its findings and
recommendations with regard to any building or property where
conditions exist which are dangerous to the public health,
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 HB91 Engrossed
Page 9
conditions exist which are dangerous to the public health,
morals, safety, or welfare ; and.
(29) To operate, lease, convey, or otherwise manage any
housing project, community facility, or mixed-use project upon
terms the authority deems appropriate, useful, or expedient,
regardless of who owns or will own or acquire the project or
facility.
(30) To participate in any lawful form of business
organization that is involved in the development or
operational activities of any buildings, structures,
facilities, or other improvements constituting a housing
project, community facility, or mixed-use project that the
board of directors of the authority determines are
appropriate, useful, or expedient to the authority's purposes.
An authority may appoint an individual to a governing body or
to enter into a contract or other agreement with another party
for the development, operation, design, marketing,
maintenance, financing, leasing, or use of any housing
project, community facility, or mixed-use project upon terms
the authority's board of directors determines are appropriate,
useful, or expedient to the authority's purposes. Any
determination by the board of directors shall be conclusive. A
business organization, affiliate, or subsidiary not wholly
owned by the authority or a partnership entered into or
created by the authority with a private business entity shall
not have the power of eminent domain.
(31) To make or arrange for loans, contributions to
capital, or other debt or equity financing for the activities
of any lawful business organization of which the authority is
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 HB91 Engrossed
Page 10
of any lawful business organization of which the authority is
a member; to guarantee loans, issue bonds, or incur other
forms of indebtedness on behalf of any lawful business
organization of which the authority is a member; or to loan
funds to other entities upon terms the authority determines
are appropriate, useful, or expedient for the authority's
purposes. Any determination by the board of directors shall be
conclusive. Any agreements or contracts entered into by an
authority shall be subject to Section 24-1-40.
(32) To create, establish, acquire, operate, or support
for profit or nonprofit subsidiaries or affiliates to assist
the authority in fulfilling its purposes.
(33) To create, establish, or support other
nonaffiliated lawful business organizations that further the
authority's purposes.
(34) To accomplish or facilitate the creation,
establishment, acquisition, development, operation, or support
of any subsidiary, affiliate, or other nonaffiliated lawful
business organization by means of loans of funds, leases of
real or personal property, gifts or grants of funds, or
guarantees of indebtedness, or contractual performance of
subsidiaries, affiliates, or nonaffiliated public or private
parties.
(35) To enter contracts, agreements, or understandings
with any other party, including, but not limited to, any of
the following:
a. Design-build, design-build-operate,
design-build-own-operate, design-build-own-operate-maintain,
design-build-finance-operate-maintain, or other similar
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 HB91 Engrossed
Page 11
design-build-finance-operate-maintain, or other similar
arrangements or agreements pursuant to which the design,
right-of-way acquisition, relocation of structures or
utilities, construction, financing, ownership, management,
maintenance, or operation of a housing project or community
facility is accomplished by or on behalf of the authority. To
the extent that an authority is using any state or local
public funds to pay for goods or services in connection with
this paragraph, the authority shall comply with Title 39 as
applicable.
b. Leases, licenses, franchises, concessions, or other
agreements for the development, operation, management,
financing, or undertaking of all or any part of a housing
project or community facility on or on behalf of the
authority.
(29)(36) To do all things necessary or convenient to
carry out the powers given in this article.
(b) Any of the investigations or examinations provided
for in this article may be conducted by the authority , or; by
a committee appointed by it, the authority consisting of one
or more housing commissioners , or; by counsel; or by an
officer or employee specially specifically authorized by the
authority to conduct it. Any housing commissioner, counsel for
the authority, or any other person designated by it the
authority to conduct an investigation or examination shall
have power to may administer oaths, take affidavits, andor
issue subpoenas or commissions.
(c)(1) An authority may exercise any or all of the
powers conferred upon it in this article, either generally or
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 HB91 Engrossed
Page 12
powers conferred upon it in this article, either generally or
with respect to any specific housing project or projects
community facility , through or by an agent or agents which it
may designate, including any corporation or corporations which
are lawful form of business organization that is or shall may
be formed under the laws of this state, and for such purposes
an authority may cause one or more corporations any lawful form
of business organization to be formed under the laws of this
state or may acquire the capital stock of any corporation or
corporations equity interest in any lawful form of business
organization.
(2) Any corporate agent , all of the stock of which
shall be that is solely owned by the authority or its nominee
or nominees, may, to the extent permitted by law, may exercise
any of the powers conferred upon the authority in this
article.
(3) Any corporate agent established under this section
that satisfies each of the following criteria shall constitute
a governmental entity under Chapter 93 of Title 11, and any
suits in torts against the agent shall be subject to the
limitations and provisions of Chapter 93 of Title 11, as
applicable to each corporate agent whose assets, operations,
and management are legally and effectively controlled by the
housing authority and through which the housing authority's
functions or policies are implemented:
a. The housing authority's board of commissioners
constitutes all of the board of directors of the corporate
agent.
b. The housing authority's executive director serves as
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 HB91 Engrossed
Page 13
b. The housing authority's executive director serves as
the president of the corporate agent.
c. The organizational documents of the corporate agent
contain provisions that in the event of a change in the
controlling interests of the corporate agent, all public
housing assets of the corporate agent are returned to the
housing authority.
d. The sole purpose for which the corporate agent is
formed and authorized is to develop, own, manage, operate, or
maintain the housing authority's real property that serves as
dwelling accommodations for persons of low income or as a
community facility, including any real property the housing
authority transfers to the corporate agent for the
aforementioned purpose.
(d) In addition to all of the other powers conferred
upon it in this section, an authority may do all things
necessary and convenient to carry out the powers expressly
given in this article. No provisions with respect to the
acquisition, operation, or disposition of property by other
public bodies shall be applicable to an authority, unless the
Legislature shall specifically so state provided by law .
(e) Any previous creation, establishment,
incorporation, or formation by any authority of any business
entity wholly owned by the authority, together with all
proceedings, acts, or other things undertaken, performed, or
done by the entity prior to June 1, 2025, are validated,
ratified, confirmed, approved, and declared legal in all
respects.
(f) To the extent that an authority is using any state
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 HB91 Engrossed
Page 14
(f) To the extent that an authority is using any state
or local funds, evaluation criteria for a contract procured
pursuant to this section shall be made in compliance with
Title 39 as applicable.
(g) All financial obligations assumed, incurred, or
issued by an authority, or by a lawful business organization
of which the authority is a member, shall be solely and
exclusively an obligation of the authority or the lawful
business organization and shall not create a direct, indirect,
or contingent obligation or pecuniary liability or general
obligation, or charge against the general assets, credit,
funds, property, revenues, or taxing power of the county that
authorized the formation of the authority.
(h) Neither a county commission that authorized the
formation of a county housing authority nor the county
commission's members or employees shall be liable in their
official capacity or in a private capacity for the actions or
inactions of the authority, its members, officers, employees,
agents, or representatives, or for the actions or inactions of
any lawful business organization of which the authority is a
member."
Section 2. (a) All of the following shall be exempt
from all state taxes, including, but not limited to, deed
taxes or mortgage taxes:
(1) A county housing authority and the authority's
property and income.
(2) Bonds issued by the authority.
(3) Income from bonds issued by the authority.
(4) Conveyances to or from the authority.
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 HB91 Engrossed
Page 15
(4) Conveyances to or from the authority.
(5) Leases, mortgages, or deeds of trust to or from the
authority.
(b) An authority may be exempted from the taxes levied
by a county, municipality, or other political subdivision of
the state, including, but not limited to, deed taxes, mortgage
taxes, license taxes, or excise taxes. The exemption provided
by this subsection shall only apply if approved by a
resolution or ordinance adopted by the local governing body of
the county.
(c) The exemptions from state taxes created by
subsection (b) shall apply to any wholly owned subsidiary of
an authority.
(d) A county housing authority may be exempt from all
fees, taxes, or other costs imposed by a judge of probate, if
approved by a resolution adopted by the local governing body
of the county.
Section 3. This act shall become effective on June 1,
2025.
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410 HB91 Engrossed
Page 16
2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on State Government
................04-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................03-Apr-25
Read for the third time and passed
as amended
Yeas 96
Nays 6
Abstains 1
................10-Apr-25
John Treadwell
Clerk
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431