Alabama 2025 Regular Session

Alabama House Bill HB91 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB91ENGROSSED~~
	1	+	HB91INTRODUCED
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3	3		HB91
4		-	~~N9UFJT8-2~~
	4	+	55IW633-1
5	5		By Representative Clarke
6	6		RFD: State Government
7	7		First Read: 04-Feb-25
8	8		PFD: 24-Jan-25
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14		-	6 ~~HB91 Engrossed~~
	14	+	6 55IW633-1 11/14/2024 THR (L)ma 2024-2933
15	15		Page 1
16	16		PFD: 24-Jan-25
	17	+	SYNOPSIS:
	18	+	Under existing law, a county housing authority
	19	+	has numerous powers.
	20	+	This bill would provide further powers to a
	21	+	county housing authority to manage housing projects and
	22	+	community facilities, including powers to participate
	23	+	in lawful forms of business organizations, make loans,
	24	+	create subsidiaries or other lawful business
	25	+	organizations, and enter into contracts.
	26	+	This bill would ratify the creation of any
	27	+	wholly-owned subsidiary of a county housing authority.
	28	+	This bill would further provide for a county
	29	+	housing authority's power to evaluate and award
	30	+	contracts.
	31	+	This bill would exempt county housing
	32	+	authorities from all taxes.
	33	+	This bill would also make nonsubstantive,
	34	+	technical revisions to update the existing code
	35	+	language to current style.
17	36		A BILL
18	37		TO BE ENTITLED
19	38		AN ACT
20		-	Relating to county housing authorities; to amend
21		-	Sections 24-1-61 and 24-1-66, Code of Alabama 1975; to further
22		-	provide for the powers of a county housing authority; to
23		-	ratify certain previously created subsidiaries of county
24		-	housing authorities; to exempt county housing authorities from
25		-	all taxes in certain circumstances; 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 24-1-61 and 24-1-66, Code of
30		-	Alabama 1975, are amended to read as follows:
31		-	"§24-1-61
32		-	TheFor the purposes of this article, the following
33		-	terms, wherever used or referred to in this article shall have
34		-	the following respective meaning, unless a different meaning
35		-	clearly appears from the context have the following meanings :
36		-	(1) AUTHORITY or HOUSING AUTHORITY. A public body
37		-	organized as a body corporate and politic in accordance with
38		-	the provisions of this article for the purposes, with the
39		-	powers, and subject to the restrictions set forth in this
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	66	+	28 HB91 INTRODUCED
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	68	+	Relating to county housing authorities; to amend
	69	+	Sections 24-1-61 and 24-1-66, Code of Alabama 1975; to further
	70	+	provide for the powers of a county housing authority; to
	71	+	ratify certain previously created subsidiaries of county
	72	+	municipal authorities; to exempt county housing authorities
	73	+	from all taxes; and to make nonsubstantive, technical
	74	+	revisions to update the existing code language to current
	75	+	style.
	76	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	77	+	Section 1. Sections 24-1-61 and 24-1-66, Code of
	78	+	Alabama 1975, are amended to read as follows:
	79	+	"§24-1-61
	80	+	TheFor the purposes of this article, the following
	81	+	terms, wherever used or referred to in this article shall have
	82	+	the following respective meaning, unless a different meaning
	83	+	clearly appears from the context have the following meanings :
	84	+	(1) AUTHORITY or HOUSING AUTHORITY. A public body
	85	+	organized as a body corporate and politic in accordance with
	86	+	the provisions of this article for the purposes, with the
69	87		powers, and subject to the restrictions set forth in this
70	88		article.
71	89		(2)(5) COUNTY. All of the county except that any
72	90		portion which lies within the territorial boundaries of any
73	91		city or incorporated town municipality.
74	92		(3)(6) COUNTY COMMISSION. The governing body of any
75	93		county.
76	94		(4)(9) HOUSING COMMISSIONER. One of the members of an
77	95		authority appointed in accordance with the provisions of this
78		-	article.
79		-	(5)(8) GOVERNMENT. Such term shall include the The state
80		-	and or federal governments andgovernment or any subdivision,
81		-	agency, or instrumentality, corporate or otherwise, of either
82		-	of them.
83		-	(6)(16) STATE. The State of Alabama.
84		-	(7) FEDERAL GOVERNMENT. Such term shall include the The
85		-	United States of America, the federal Secretary United States
86		-	Department of Housing and Urban Development , or any agency,
87		-	instrumentality, corporate or otherwise, of the United States
88		-	of America.
89		-	(8)(10) HOUSING PROJECT. Such term shall include all All
90		-	real and personal property, buildings and improvements,
91		-	stores, offices, public school buildings, lands for farming
92		-	and gardening, and community facilities acquired or
93		-	constructed, or to be acquired or constructed, pursuant to a
94		-	single plan of undertaking to demolish, clear, remove, alter,
95		-	or repair unsanitary or unsafe housing or to provide urban or
96		-	rural dwelling accommodations at rentals within the means of
97		-	persons of low income. The term "housing project" may also be
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	123	+	56 HB91 INTRODUCED
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	125	+	authority appointed in accordance with the provisions of this
	126	+	article.
	127	+	(5)(8) GOVERNMENT. Such term shall include the The state
	128	+	and or federal governments and or any subdivision, agency, or
	129	+	instrumentality, corporate or otherwise, of either of them.
	130	+	(6)(16) STATE. The State of Alabama.
	131	+	(7) FEDERAL GOVERNMENT. Such term shall include the The
	132	+	United States of America, the federal Secretary United States
	133	+	Department of Housing and Urban Development , or any agency,
	134	+	instrumentality, corporate or otherwise, of the United States
	135	+	of America.
	136	+	(8)(10) HOUSING PROJECT. Such term shall include all All
	137	+	real and personal property, buildings and improvements,
	138	+	stores, offices, public school buildings, lands for farming
	139	+	and gardening, and community facilities acquired or
	140	+	constructed, or to be acquired or constructed, pursuant to a
	141	+	single plan of undertaking to demolish, clear, remove, alter,
	142	+	or repair unsanitary or unsafe housing or to provide urban or
	143	+	rural dwelling accommodations at rentals within the means of
127	144		persons of low income. The term "housing project" may also be
128	145		applied to the planning of the buildings and improvements ,;
129	146		the acquisition of property ,; the demolition of existing
130	147		structures,; the construction, reconstruction, alteration, and
131	148		repair of the improvements ; and all other work in connection
132	149		therewith.
133	150		(9)(3) COMMUNITY FACILITIES. Such term shall include
134	151		realReal and personal property and buildings and equipment for
135	152		recreational or social assemblies , or for educational, health,
136	153		or welfare purposes ; and necessary utilities, when designed
137		-	primarily for the benefit and use of the occupants of the
138		-	dwelling accommodations.
139		-	(10)(14) PERSONS OF LOW INCOME. PersonsIndividuals
140		-	receiving less than the incomes determined by the authority as
141		-	the amount persons individuals must receive to enable them to
142		-	pay the rent necessary to secure safe, sanitary, and
143		-	uncongested dwelling accommodations, other than dwelling
144		-	accommodations provided by a public housing agency or
145		-	authority of the county, within the boundaries of the
146		-	authority. Such determinations by the authority from time to
147		-	time shall be binding and conclusive for all purposes of this
148		-	article.
149		-	(11)(2) BONDS. Any bonds, interim certificates, notes,
150		-	debentures, warrants, or other obligations of the authority
151		-	issued pursuant to this article.
152		-	(12) MORTGAGE. Such term shall include deeds Deeds of
153		-	trust, mortgages, building and loan contracts, or other
154		-	instruments conveying real or personal property as security
155		-	for bonds and conferring a right to foreclose and cause a sale
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	181	+	84 HB91 INTRODUCED
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	183	+	or welfare purposes ; and necessary utilities, when designed
	184	+	primarily for the benefit and use of the occupants of the
	185	+	dwelling accommodations.
	186	+	(10)(14) PERSONS OF LOW INCOME. PersonsIndividuals
	187	+	receiving less than the incomes determined by the authority as
	188	+	the amount persons individuals must receive to enable them to
	189	+	pay the rent necessary to secure safe, sanitary, and
	190	+	uncongested dwelling accommodations, other than dwelling
	191	+	accommodations provided by a public housing agency or
	192	+	authority of the county, within the boundaries of the
	193	+	authority. Such determinations by the authority from time to
	194	+	time shall be binding and conclusive for all purposes of this
	195	+	article.
	196	+	(11)(2) BONDS. Any bonds, interim certificates, notes,
	197	+	debentures, warrants, or other obligations of the authority
	198	+	issued pursuant to this article.
	199	+	(12) MORTGAGE. Such term shall include deeds Deeds of
	200	+	trust, mortgages, building and loan contracts, or other
	201	+	instruments conveying real or personal property as security
185	202		for bonds and conferring a right to foreclose and cause a sale
186	203		thereof.
187	204		(13)(17) TRUST INDENTURE. Such term shall include
188	205		instrumentsInstruments pledging the revenues of real or
189	206		personal properties, but not conveying such properties or
190	207		conferring a right to foreclose and cause a sale thereof.
191	208		(14)(4) CONTRACT. Any agreement of an authority with or
192	209		for the benefit of an obligee, whether contained in a
193	210		resolution, trust indenture, mortgage, lease, bond, or other
194	211		instrument.
195		-	(15) REAL PROPERTY. Such term shall include lands Lands,
196		-	lands under water, structures, and any and all easements,
197		-	franchises and incorporeal hereditaments and every estate and
198		-	right therein, legal and equitable, including terms for years
199		-	and liens by way of judgment, mortgage or otherwise, but only
200		-	so far as such may, from time to time, be treated as real
201		-	property by the laws of Alabama applicable to other persons or
202		-	corporations.
203		-	(16)(13) OBLIGEE OF THE AUTHORITY or OBLIGEE. Such term
204		-	shall include any Any bondholder, trustee, or trustees for any
205		-	bondholders, any lessor demising property to the authority
206		-	used in connection with a housing project or any assignee or
207		-	assignees of such lessor's interest, or any part thereof, and
208		-	the United States of America, when it is a party to any
209		-	contract with the authority.
210		-	(11) MIXED-USE PROJECT. Any development project that
211		-	provides more than one use or purpose within a shared building
212		-	or development and which may include any combination of
213		-	housing, lodging, office, retail, medical, recreational,
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	239	+	112 HB91 INTRODUCED
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	241	+	instrument.
	242	+	(15) REAL PROPERTY. Such term shall include lands Lands,
	243	+	lands under water, structures, and any and all easements,
	244	+	franchises and incorporeal hereditaments and every estate and
	245	+	right therein, legal and equitable, including terms for years
	246	+	and liens by way of judgment, mortgage or otherwise, but only
	247	+	so far as such may, from time to time, be treated as real
	248	+	property by the laws of Alabama applicable to other persons or
	249	+	corporations.
	250	+	(16)(13) 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	+	(11) 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
243	260		housing, lodging, office, retail, medical, recreational,
244	261		commercial, governmental, industrial, or other components. "
245	262		"§24-1-66
246	263		(a) An authority shall constitute a public body and a
247	264		body corporate and politic exercising public powers , and
248	265		having shall have all the powers necessary or convenient to
249	266		carry out and effectuate the purposes and provisions of this
250	267		article, including the following powers in addition to others
251	268		granted in this article:
252	269		(1) To investigate into living, dwelling, and or
253		-	housing conditions and into the means and methods of improving
254		-	such conditions;.
255		-	(2) To determine where unsafe or unsanitary dwelling,
256		-	public school, or housing conditions exist ;.
257		-	(3) To study and make recommendations concerning the
258		-	plan of the county in relation related to the problem of
259		-	clearing, replanning, and reconstruction of areas in which
260		-	unsafe or unsanitary dwelling, public school, or housing
261		-	conditions exist , and; the provision of dwelling
262		-	accommodations for persons of low income , and to cooperate ; or
263		-	cooperation with the county or any regional planning agency ;.
264		-	(4) To prepare, carry out, and or operate housing
265		-	projects;.
266		-	(5) To provide for the construction, reconstruction,
267		-	improvement, alteration, or repair of any housing project or
268		-	any part thereof; of a housing project.
269		-	(6) To take over by purchase, lease, or otherwise any
270		-	housing project undertaken by any government or by the
271		-	county;.
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	297	+	140 HB91 INTRODUCED
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	299	+	(1) To investigate into living, dwelling, and or
	300	+	housing conditions and into the means and methods of improving
	301	+	such 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 the county in relation related to the problem of
	306	+	clearing, replanning, and reconstruction of areas in which
	307	+	unsafe or unsanitary dwelling, public school, or housing
	308	+	conditions exist , and; the provision of dwelling
	309	+	accommodations for persons of low income , and to cooperate ; or
	310	+	cooperation with the county or any regional planning agency ;.
	311	+	(4) To prepare, carry out, and or operate housing
	312	+	projects;.
	313	+	(5) To provide for the construction, reconstruction,
	314	+	improvement, alteration, or repair of any housing project or
	315	+	any part thereof; of a housing project.
	316	+	(6) To take over by purchase, lease, or otherwise any
	317	+	housing project undertaken by any government or by the
301	318		county;.
302	319		(7) To manage as agent of the county any housing
303		-	project constructed or owned by the county; however, an
304		-	authority shall not be deemed to be acting as an agent of the
305		-	county when managing a housing project not constructed or
306		-	owned by the county or when managing any community facility or
307		-	mixed-use project.
	320	+	project constructed or owned by the county ;.
308	321		(8) To act as agent for the federal government in
309	322		connection with the acquisition, construction, operation, or
310	323		management of a housing project or any part thereof; of a
311	324		housing project.
312	325		(9) To arrange with any city or town municipality or
313	326		the county or with a any other government for the furnishing,
314	327		planning, replanning, opening , or closing of streets, roads,
315		-	roadways, alleys, or other places, or facilities, or for the
316		-	acquisition by the county or a another government, of
317		-	property, options or property rights , or for the furnishing of
318		-	property or services in connection with a project ;.
319		-	(10) To lease or rent any of the dwelling or dwellings,
320		-	other accommodations or any of the, lands, buildings,
321		-	structures, or facilities embraced in any housing project or
322		-	community facility and to establish and or revise the rents or
323		-	charges therefor;.
324		-	(11) To enter upon any building or property in order to
325		-	conduct investigations or to make surveys or soundings ;.
326		-	(12) To purchase, lease, obtain options upon, acquire
327		-	by eminent domain, gift, grant, bequest, or devise, or
328		-	otherwise, any property, real or personal, or any interest
329		-	therein in property from any person, firm, corporation, city,
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	357	+	planning, replanning, opening , or closing of streets, roads,
	358	+	roadways, alleys, or other places, or facilities, or for the
	359	+	acquisition by the county or a another government, of
	360	+	property, options or property rights , or for the furnishing of
	361	+	property or services in connection with a project ;.
	362	+	(10) To lease or rent any of the dwelling or dwellings,
	363	+	other accommodations or any of the, lands, buildings,
	364	+	structures, or facilities embraced in any housing project or
	365	+	community facility and to establish and or revise the rents or
	366	+	charges therefor;.
	367	+	(11) To enter upon any building or property in order to
	368	+	conduct investigations or to make surveys or soundings ;.
	369	+	(12) To purchase, lease, obtain options upon, acquire
	370	+	by eminent domain, gift, grant, bequest, or devise, or
	371	+	otherwise, any property, real or personal, or any interest
359	372		therein in property from any person, firm, corporation, city,
360	373		county, or government; entity.
361	374		(13) To sell, exchange, transfer, assign , or pledge any
362	375		property, real or personal, or any interest therein in
363	376		property to any person, firm, corporation, city, county, or
364	377		government; entity.
365	378		(14) To own, hold, clear, andor improve property ;.
366	379		(15) To insure or provide for the insurance of the
367	380		property or operations of the authority against such risks as
368	381		the authority may deem advisable ;.
369	382		(16) To procure insurance or guarantees from the
370	383		federal government of the payment of any debts, or parts
371	384		thereof, of debts secured by mortgages made or held by the
372	385		authority on any property included in any housing project ;.
373		-	(17) To borrow money upon its bonds, notes, warrants,
374		-	debentures, or other evidences of indebtedness and to secure
375		-	the same by pledges of its revenues, and, subject to the
376		-	limitations hereinafter imposed by this article , by mortgages
377		-	upon property held or to be held by it, or in any other
378		-	manner;.
379		-	(18) In connection with any loan, to agree to
380		-	limitations upon its right to dispose of any housing project,
381		-	or part thereofof a housing project , or to undertake
382		-	additional housing projects ;.
383		-	(19) In connection with any loan by a government, to
384		-	agree to limitations upon the exercise of any powers conferred
385		-	upon the authority by this article ;.
386		-	(20) To invest any funds held in reserves or, sinking
387		-	funds, or any funds not required for immediate disbursement,
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415		-	196 HB91 ~~Engrossed~~
	413	+	196 HB91 INTRODUCED
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	415	+	authority on any property included in any housing project ;.
	416	+	(17) To borrow money upon its bonds, notes, warrants,
	417	+	debentures, or other evidences of indebtedness and to secure
	418	+	the same by pledges of its revenues, and, subject to the
	419	+	limitations hereinafter imposed by this article , by mortgages
	420	+	upon property held or to be held by it, or in any other
	421	+	manner;.
	422	+	(18) In connection with any loan, to agree to
	423	+	limitations upon its right to dispose of any housing project,
	424	+	or part thereofof a housing project , or to undertake
	425	+	additional housing projects ;.
	426	+	(19) In connection with any loan by a government, to
	427	+	agree to limitations upon the exercise of any powers conferred
	428	+	upon the authority by this article ;.
	429	+	(20) To invest any funds held in reserves or, sinking
417	430		funds, or any funds not required for immediate disbursement,
418	431		in property or securities in which savings banks may legally
419	432		invest funds subject to their control ;.
420	433		(21) To sue and be sued ;.
421	434		(22) To have a seal and to alter the same at pleasure;
422	435		seal.
423	436		(23) To have perpetual succession ;.
424	437		(24) To make and execute contracts and or other
425	438		instruments necessary or convenient to the exercise of the
426	439		powers of the authority ;.
427	440		(25) To make and from time to time , amend and, or
428	441		repeal bylaws, rules, and or regulations, not inconsistent
429	442		with this article , to carry into effect the powers and or
430	443		purposes of the authority ;.
431		-	(26) To conduct examinations and or investigations and,
432		-	to hear testimony and, or to take proof under oath, at public
433		-	or private hearings, on any matter material for its
434		-	information;.
435		-	(27) To issue subpoenas requiring the attendance of
436		-	witnesses or the production of books and or papers, and to
437		-	issue commissions for the examination of witnesses who are out
438		-	of the state or unable to attend before the authority, or
439		-	excused from attendance ;.
440		-	(28) To make available to such any agencies, boards, or
441		-	commissions as are charged with the duty of abating nuisances
442		-	or demolishing unsafe or unsanitary structures within its the
443		-	authority's territorial limits , its findings and
444		-	recommendations with regard to any building or property where
445		-	conditions exist which are dangerous to the public health,
446	444		197
447	445		198
448	446		199
449	447		200
450	448		201
451	449		202
452	450		203
453	451		204
454	452		205
455	453		206
456	454		207
457	455		208
458	456		209
459	457		210
460	458		211
461	459		212
462	460		213
463	461		214
464	462		215
465	463		216
466	464		217
467	465		218
468	466		219
469	467		220
470	468		221
471	469		222
472	470		223
473		-	224 HB91 ~~Engrossed~~
	471	+	224 HB91 INTRODUCED
474	472		Page 9
	473	+	purposes of the authority ;.
	474	+	(26) To conduct examinations and or investigations and,
	475	+	to hear testimony and, or to take proof under oath, at public
	476	+	or private hearings, on any matter material for its
	477	+	information;.
	478	+	(27) To issue subpoenas requiring the attendance of
	479	+	witnesses or the production of books and or papers, and to
	480	+	issue commissions for the examination of witnesses who are out
	481	+	of the state or unable to attend before the authority, or
	482	+	excused from attendance ;.
	483	+	(28) To make available to such any agencies, boards, or
	484	+	commissions as are charged with the duty of abating nuisances
	485	+	or demolishing unsafe or unsanitary structures within its the
	486	+	authority's territorial limits , its findings and
	487	+	recommendations with regard to any building or property where
475	488		conditions exist which are dangerous to the public health,
476	489		morals, safety, or welfare ; and.
477	490		(29) To operate, lease, convey, or otherwise manage any
478	491		housing project, community facility, or mixed-use project upon
479	492		terms the authority deems appropriate, useful, or expedient,
480	493		regardless of who owns or will own or acquire the project or
481	494		facility.
482	495		(30) To participate in any lawful form of business
483	496		organization that is involved in the development or
484	497		operational activities of any buildings, structures,
485	498		facilities, or other improvements constituting a housing
486	499		project, community facility, or mixed-use project that the
487	500		board of directors of the authority determines are
488	501		appropriate, useful, or expedient to the authority's purposes.
489		-	An authority may appoint an individual to a governing body or
490		-	to enter into a contract or other agreement with another party
491		-	for the development, operation, design, marketing,
492		-	maintenance, financing, leasing, or use of any housing
493		-	project, community facility, or mixed-use project upon terms
494		-	the authority's board of directors determines are appropriate,
495		-	useful, or expedient to the authority's purposes. Any
496		-	determination by the board of directors shall be conclusive. A
497		-	business organization, affiliate, or subsidiary not wholly
498		-	owned by the authority or a partnership entered into or
499		-	created by the authority with a private business entity shall
500		-	not have the power of eminent domain.
501		-	(31) To make or arrange for loans, contributions to
502		-	capital, or other debt or equity financing for the activities
503		-	of any lawful business organization of which the authority is
504	502		225
505	503		226
506	504		227
507	505		228
508	506		229
509	507		230
510	508		231
511	509		232
512	510		233
513	511		234
514	512		235
515	513		236
516	514		237
517	515		238
518	516		239
519	517		240
520	518		241
521	519		242
522	520		243
523	521		244
524	522		245
525	523		246
526	524		247
527	525		248
528	526		249
529	527		250
530	528		251
531		-	252 HB91 ~~Engrossed~~
	529	+	252 HB91 INTRODUCED
532	530		Page 10
	531	+	appropriate, useful, or expedient to the authority's purposes.
	532	+	An authority may appoint an individual to a governing body or
	533	+	to enter into a contract or other agreement with another party
	534	+	for the development, operation, design, marketing,
	535	+	maintenance, financing, leasing, or use of any housing
	536	+	project, community facility, or mixed-use project upon terms
	537	+	the authority's board of directors determines are appropriate,
	538	+	useful, or expedient to the authority's purposes. Any
	539	+	determination by the board of directors shall be conclusive.
	540	+	(31) To make or arrange for loans, contributions to
	541	+	capital, or other debt or equity financing for the activities
533	542		of any lawful business organization of which the authority is
534	543		a member; to guarantee loans, issue bonds, or incur other
535	544		forms of indebtedness on behalf of any lawful business
536	545		organization of which the authority is a member; or to loan
537	546		funds to other entities upon terms the authority determines
538	547		are appropriate, useful, or expedient for the authority's
539	548		purposes. Any determination by the board of directors shall be
540	549		conclusive. Any agreements or contracts entered into by an
541	550		authority shall be subject to Section 24-1-40.
542	551		(32) To create, establish, acquire, operate, or support
543	552		for profit or nonprofit subsidiaries or affiliates to assist
544	553		the authority in fulfilling its purposes.
545	554		(33) To create, establish, or support other
546	555		nonaffiliated lawful business organizations that further the
547	556		authority's purposes.
548	557		(34) To accomplish or facilitate the creation,
549	558		establishment, acquisition, development, operation, or support
550	559		of any subsidiary, affiliate, or other nonaffiliated lawful
551		-	business organization by means of loans of funds, leases of
552		-	real or personal property, gifts or grants of funds, or
553		-	guarantees of indebtedness, or contractual performance of
554		-	subsidiaries, affiliates, or nonaffiliated public or private
555		-	parties.
556		-	(35) To enter contracts, agreements, or understandings
557		-	with any other party, including, but not limited to, any of
558		-	the following:
559		-	a. Design-build, design-build-operate,
560		-	design-build-own-operate, design-build-own-operate-maintain,
561		-	design-build-finance-operate-maintain, or other similar
562	560		253
563	561		254
564	562		255
565	563		256
566	564		257
567	565		258
568	566		259
569	567		260
570	568		261
571	569		262
572	570		263
573	571		264
574	572		265
575	573		266
576	574		267
577	575		268
578	576		269
579	577		270
580	578		271
581	579		272
582	580		273
583	581		274
584	582		275
585	583		276
586	584		277
587	585		278
588	586		279
589		-	280 HB91 ~~Engrossed~~
	587	+	280 HB91 INTRODUCED
590	588		Page 11
	589	+	of any subsidiary, affiliate, or other nonaffiliated lawful
	590	+	business organization by means of loans of funds, leases of
	591	+	real or personal property, gifts or grants of funds, or
	592	+	guarantees of indebtedness, or contractual performance of
	593	+	subsidiaries, affiliates, or nonaffiliated public or private
	594	+	parties.
	595	+	(35) To enter contracts, agreements, or understandings
	596	+	with any other party, including, but not limited to, any of
	597	+	the following:
	598	+	a. Design-build, design-build-operate,
	599	+	design-build-own-operate, design-build-own-operate-maintain,
591	600		design-build-finance-operate-maintain, or other similar
592	601		arrangements or agreements pursuant to which the design,
593	602		right-of-way acquisition, relocation of structures or
594	603		utilities, construction, financing, ownership, management,
595	604		maintenance, or operation of a housing project or community
596		-	facility is accomplished by or on behalf of the authority. To
597		-	the extent that an authority is using any state or local
598		-	public funds to pay for goods or services in connection with
599		-	this paragraph, the authority shall comply with Title 39 as
600		-	applicable.
	605	+	facility is accomplished by or on behalf of the authority.
601	606		b. Leases, licenses, franchises, concessions, or other
602	607		agreements for the development, operation, management,
603	608		financing, or undertaking of all or any part of a housing
604	609		project or community facility on or on behalf of the
605	610		authority.
606	611		(29)(36) To do all things necessary or convenient to
607	612		carry out the powers given in this article.
608	613		(b) Any of the investigations or examinations provided
609	614		for in this article may be conducted by the authority , or; by
610	615		a committee appointed by it, the authority consisting of one
611	616		or more housing commissioners , or; by counsel; or by an
612	617		officer or employee specially specifically authorized by the
613		-	authority to conduct it. Any housing commissioner, counsel for
614		-	the authority, or any other person designated by it the
615		-	authority to conduct an investigation or examination shall
616		-	have power to may administer oaths, take affidavits, andor
617		-	issue subpoenas or commissions.
618		-	(c)(1) An authority may exercise any or all of the
619		-	powers conferred upon it in this article, either generally or
620	618		281
621	619		282
622	620		283
623	621		284
624	622		285
625	623		286
626	624		287
627	625		288
628	626		289
629	627		290
630	628		291
631	629		292
632	630		293
633	631		294
634	632		295
635	633		296
636	634		297
637	635		298
638	636		299
639	637		300
640	638		301
641	639		302
642	640		303
643	641		304
644	642		305
645	643		306
646	644		307
647		-	308 HB91 ~~Engrossed~~
	645	+	308 HB91 INTRODUCED
648	646		Page 12
	647	+	officer or employee specially specifically authorized by the
	648	+	authority to conduct it. Any housing commissioner, counsel for
	649	+	the authority, or any other person designated by it the
	650	+	authority to conduct an investigation or examination shall
	651	+	have power to may administer oaths, take affidavits, andor
	652	+	issue subpoenas or commissions.
	653	+	(c)(1) An authority may exercise any or all of the
649	654		powers conferred upon it in this article, either generally or
650	655		with respect to any specific housing project or projects
651	656		community facility , through or by an agent or agents which it
652	657		may designate, including any corporation or corporations which
653	658		are lawful form of business organization that is or shall may
654	659		be formed under the laws of this state, and for such purposes
655		-	an authority may cause one or more corporations any lawful ~~form~~
656		-	of business organization to be formed under the laws of ~~this~~
657		-	state or may acquire the capital stock of any corporation or
658		-	corporations equity interest in any lawful form of business
	660	+	an authority may cause one or more corporations any lawful
	661	+	form of business organization to be formed under the laws of
	662	+	this state or may acquire the capital stock of any corporation
	663	+	or corporations equity interest in any lawful form of business
659	664		organization.
660	665		(2) Any corporate agent , all of the stock of which
661	666		shall be that is solely owned by the authority or its nominee
662	667		or nominees, may, to the extent permitted by law, may exercise
663	668		any of the powers conferred upon the authority in this
664	669		article.
665	670		(3) Any corporate agent established under this section
666	671		that satisfies each of the following criteria shall constitute
667	672		a governmental entity under Chapter 93 of Title 11, and any
668	673		suits in torts against the agent shall be subject to the
669	674		limitations and provisions of Chapter 93 of Title 11, as
670	675		applicable to each corporate agent whose assets, operations,
671		-	and management are legally and effectively controlled by the
672		-	housing authority and through which the housing authority's
673		-	functions or policies are implemented:
674		-	a. The housing authority's board of commissioners
675		-	constitutes all of the board of directors of the corporate
676		-	agent.
677		-	b. The housing authority's executive director serves as
678	676		309
679	677		310
680	678		311
681	679		312
682	680		313
683	681		314
684	682		315
685	683		316
686	684		317
687	685		318
688	686		319
689	687		320
690	688		321
691	689		322
692	690		323
693	691		324
694	692		325
695	693		326
696	694		327
697	695		328
698	696		329
699	697		330
700	698		331
701	699		332
702	700		333
703	701		334
704	702		335
705		-	336 HB91 ~~Engrossed~~
	703	+	336 HB91 INTRODUCED
706	704		Page 13
	705	+	applicable to each corporate agent whose assets, operations,
	706	+	and management are legally and effectively controlled by the
	707	+	housing authority and through which the housing authority's
	708	+	functions or policies are implemented:
	709	+	a. The housing authority's board of commissioners
	710	+	constitutes all of the board of directors of the corporate
	711	+	agent.
707	712		b. The housing authority's executive director serves as
708	713		the president of the corporate agent.
709	714		c. The organizational documents of the corporate agent
710	715		contain provisions that in the event of a change in the
711	716		controlling interests of the corporate agent, all public
712	717		housing assets of the corporate agent are returned to the
713	718		housing authority.
714	719		d. The sole purpose for which the corporate agent is
715	720		formed and authorized is to develop, own, manage, operate, or
716	721		maintain the housing authority's real property that serves as
717	722		dwelling accommodations for persons of low income or as a
718	723		community facility, including any real property the housing
719	724		authority transfers to the corporate agent for the
720	725		aforementioned purpose.
721	726		(d) In addition to all of the other powers conferred
722	727		upon it in this section, an authority may do all things
723	728		necessary and convenient to carry out the powers expressly
724	729		given in this article. No provisions with respect to the
725	730		acquisition, operation, or disposition of property by other
726	731		public bodies shall be applicable to an authority, unless the
727	732		Legislature shall specifically so state provided by law .
728	733		(e) Any previous creation, establishment,
729		-	incorporation, or formation by any authority of any business
730		-	entity wholly owned by the authority, together with all
731		-	proceedings, acts, or other things undertaken, performed, or
732		-	done by the entity prior to June 1, 2025, are validated,
733		-	ratified, confirmed, approved, and declared legal in all
734		-	respects.
735		-	(f) To the extent that an authority is using any state
736	734		337
737	735		338
738	736		339
739	737		340
740	738		341
741	739		342
742	740		343
743	741		344
744	742		345
745	743		346
746	744		347
747	745		348
748	746		349
749	747		350
750	748		351
751	749		352
752	750		353
753	751		354
754	752		355
755	753		356
756	754		357
757	755		358
758	756		359
759	757		360
760	758		361
761	759		362
762	760		363
763		-	364 HB91 ~~Engrossed~~
	761	+	364 HB91 INTRODUCED
764	762		Page 14
765		-	(f) ~~To the extent that an authority is using~~ any ~~state~~
766		-	or ~~local funds,~~ ~~evaluation criteria for a contract procured~~
767		-	~~pursuant to this section shall be made in compliance~~ with
768		-	~~Title 39 as applicable.~~
769		-	~~(g) All financial obligations assumed~~, ~~incurred~~, or
770		-	~~issued by an authority~~, ~~or by a lawful business organization~~
771		-	~~of which the authority is a member, shall be solely and~~
772		-	~~exclusively an obligation~~ of ~~the authority or~~ the ~~lawful~~
773		-	~~business organization and shall not create a direct~~, ~~indirect,~~
774		-	~~or contingent obligation or pecuniary liability or general~~
775		-	~~obligation~~, or ~~charge against~~ the ~~general assets, credit,~~
776		-	~~funds, property, revenues, or taxing power~~ of the ~~county that~~
777		-	~~authorized the formation~~ of the authority.
778		-	~~(h) Neither a county commission that authorized the~~
779		-	~~formation of~~ a ~~county housing authority nor the county~~
780		-	~~commission's members or employees shall~~ be ~~liable in their~~
781		-	~~official capacity~~ or ~~in a private capacity for~~ the ~~actions or~~
782		-	~~inactions of the~~ authority~~, its members, officers, employees,~~
783		-	~~agents, or representatives, or~~ for the ~~actions or inactions~~ of
784		-	~~any lawful business organization of which~~ the ~~authority is a~~
785		-	~~member~~."
786		-	~~Section 2.~~ (a) All of the following shall be exempt
787		-	~~from all~~ state ~~taxes~~, including, but not limited to, deed
788		-	taxes or mortgage taxes:
	763	+	(e) Any previous creation, establishment,
	764	+	incorporation, or formation by any authority of any business
	765	+	entity wholly owned by the authority, together with all
	766	+	proceedings, acts, or other things undertaken, performed, or
	767	+	done by the entity prior to June 1, 2025, are validated,
	768	+	ratified, confirmed, approved, and declared legal in all
	769	+	respects.
	770	+	(f) Notwithstanding any provision of law to the
	771	+	contrary, proposals under this section may be evaluated or
	772	+	awarded by the authority based on the qualifications of
	773	+	participants or the best value, or both, as evaluated by the
	774	+	procedures of the authority and taking into consideration the
	775	+	best interests of the authority. Evaluation criteria for a
	776	+	contract procured pursuant to this subsection shall be set
	777	+	forth in the contract's request for proposal. A contract may
	778	+	also be awarded through any existing procurement authority,
	779	+	proposal, or any other means of procurement available to the
	780	+	authority."
	781	+	Section 2. (a) For the purposes of this section, the
	782	+	term "county housing authority" shall have the same meaning as
	783	+	in Section 24-1-61, Code of Alabama 1975.
	784	+	(b) All of the following shall be exempt from all
	785	+	taxation in this state, including, but not limited to, deed
	786	+	taxes, mortgage taxes, license taxes, or excise taxes:
789	787		(1) A county housing authority and the authority's
790	788		property and income.
791	789		(2) Bonds issued by the authority.
792	790		(3) Income from bonds issued by the authority.
793	791		(4) Conveyances to or from the authority.
794	792		365
795	793		366
796	794		367
797	795		368
798	796		369
799	797		370
800	798		371
801	799		372
802	800		373
803	801		374
804	802		375
805	803		376
806	804		377
807	805		378
808	806		379
809	807		380
810	808		381
811	809		382
812	810		383
813	811		384
814	812		385
815	813		386
816	814		387
817	815		388
818	816		389
819	817		390
820	818		391
821		-	392 HB91 ~~Engrossed~~
	819	+	392 HB91 INTRODUCED
822	820		Page 15
823	821		(4) Conveyances to or from the authority.
824	822		(5) Leases, mortgages, or deeds of trust to or from the
825	823		authority.
826		-	(b) An authority may be exempted from the taxes levied
827		-	by a county, municipality, or other political subdivision of
828		-	the state, including, but not limited to, deed taxes, mortgage
829		-	taxes, license taxes, or excise taxes. The exemption provided
830		-	by this subsection shall only apply if approved by a
831		-	resolution or ordinance adopted by the local governing body of
832		-	the county.
833		-	(c) The exemptions from state taxes created by
834		-	subsection (b) shall apply to any wholly owned subsidiary of
835		-	an authority.
836		-	(d) A county housing authority may be exempt from all
837		-	fees, taxes, or other costs imposed by a judge of probate, if
838		-	approved by a resolution adopted by the local governing body
839		-	of the county.
	824	+	(c) A county housing authority shall be exempt from all
	825	+	fees, taxes, or other costs imposed by a judge of probate.
	826	+	(d) The exemptions created pursuant to this section
	827	+	shall apply to any wholly-owned subsidiary of a county housing
	828	+	authority.
840	829		Section 3. This act shall become effective on June 1,
841	830		2025.
842	831		393
843	832		394
844	833		395
845	834		396
846	835		397
847	836		398
848	837		399
849	838		400
850	839		401
851		-	402
852		-	403
853		-	404
854		-	405
855		-	406
856		-	407
857		-	408
858		-	409
859		-	410 HB91 Engrossed
860		-	Page 16
861		-	2025.
862		-	House of Representatives
863		-	Read for the first time and referred
864		-	to the House of Representatives
865		-	committee on State Government
866		-	................04-Feb-25
867		-	Read for the second time and placed
868		-	on the calendar:
869		-	0 amendments
870		-	................03-Apr-25
871		-	Read for the third time and passed
872		-	as amended
873		-	Yeas 96
874		-	Nays 6
875		-	Abstains 1
876		-	................10-Apr-25
877		-	John Treadwell
878		-	Clerk
879		-	411
880		-	412
881		-	413
882		-	414
883		-	415
884		-	416
885		-	417
886		-	418
887		-	419
888		-	420
889		-	421
890		-	422
891		-	423
892		-	424
893		-	425
894		-	426
895		-	427
896		-	428
897		-	429
898		-	430
899		-	431