Amendment vs bill Economic Development and Tourism Amendment DJSQNNT-1 vs Introduced

Struck = removed from the bill ยท added = the amendment's new text.

Previous
Latest
HB349 INTRODUCED HB349 XCK2ZZE-1 By Representative Lomax RFD:
DJSQNNT-1 04/04/2024 PMG (L)tgw 2024-1033 Sub HB349 ECONOMIC DEVELOPMENT AND TOURISM SUBSTITUTE TO HB349 OFFERED BY REPRESENTATIVE LOMAX 2 4 SYNOPSIS:
Economic Development and Tourism First Read:
This bill would authorize counties and municipalities to authorize the incorporation of an innovation district within the county or municipality as a public corporation for the purpose of undertaking activities or acquiring property by the district, and using public revenues for the establishment, benefit, or support of qualified enterprises.
21-Mar-24 Page 0 XCK2ZZE-1 03/19/2024 PMG (L)tgw 2024-1033 2 4 SYNOPSIS:
This bill would authorize counties and municipalities to authorize the incorporation of an innovation district within the county or municipality as a public corporation for the purpose of undertaking activities or acquiring property by the district, and using public revenues for the establishment, benefit, or support of qualified enterprises, as designated by the Department of Commerce, through public revenues.
This bill would exempt districts from fees and charges imposed by a judge of probate and from taxation.
This bill would exempt districts from fees and charges imposed by a judge of probate and from certain taxation.
A BILL TO BE ENTITLED AN ACT Page 1 HB349 INTRODUCED Relating to economic development;
A BILL TO BE ENTITLED AN ACT Page 1 Relating to economic development;
to provide for the establishment of public corporations known as districts to support certain economic development activities using public revenues;
to provide for the establishment of public corporations known as innovation districts to support certain economic development activities using public revenues;
to provide for the creation and dissolution of districts;
to provide for the creation and dissolution of innovation districts;
to provide the powers of districts and the powers and duties of the board of directors of districts;
to provide the powers of innovation districts and the powers and duties of their boards of directors;
to exempt districts from certain laws and requirements, including taxation and competitive bid laws.
to exempt innovation districts from certain laws and requirements, including taxation and competitive bid laws.
Any corporation, partnership, association, or organization which may be incorporated or organized under any chapter of Title 10 of the Code of Alabama Page 2 HB349 INTRODUCED 1975, or under the laws of any state of the United States.
Any corporation, partnership, association, or organization which may be incorporated or organized under any chapter of Title 10 of the Code of Alabama 1975, or under the laws of any state of the United States.
(6) DIRECTOR.
Page 2 (6) DIRECTOR.
Any tax levied within an innovation district by an authorizing subdivision the proceeds of which tax may be used by the authorizing subdivision for any lawful purpose without violation of any contractual agreement, the terms of the ballot by which the tax was voted, any state law or provision of the state constitution, or any order or ruling of any agency, branch, department, or instrumentality of the state or the United States.
Any tax that does not fund public schools levied within the geographical boundaries of an innovation district by an authorizing subdivision, the proceeds of which tax may be used by the authorizing subdivision for any lawful purpose without violation of any contractual agreement, the terms of the ballot by which the tax was voted, any state law or provision of the state constitution, or any order or ruling of any agency, branch, department, or instrumentality of the state or the United States.
Collectively, corporate persons, natural persons, and public entities.
Collectively, corporate persons, natural Page 3 persons, and public entities.
Page 3 HB349 INTRODUCED (13) PRINCIPAL OFFICE.
(13) PRINCIPAL OFFICE.
95 (16) PUBLIC CORPORATION.
(16) PUBLIC CORPORATION.
Any public corporation organized under the laws of the state.
Any public corporation organized under the laws of the state other than a municipal corporation.
Any county, municipality, public corporation, or any political subdivision, or other instrumentality, of the state.
Any county or municipality, or any political subdivision or other instrumentality of the state.
(18) QUALIFIED ENTERPRISE.
(18) PUBLIC NOTICE REQUIREMENT.
Any activity, business, or trade that is:
Notice and the holding of a public meeting by the authorizing subdivision at which time the authorizing subdivision and the district propose to take an action, as authorized pursuant to this act.
Notice shall be by publication at least seven days prior to the public meeting in a newspaper of general circulation in the authorizing subdivision or by electronic posting on the primary public website of the authorizing subdivision, which describes in reasonable detail the applicable action proposed to be taken by the district or the authorizing subdivision, the public benefits expected to be achieved by the applicable action, and the person or persons expected to benefit by the Page 4 applicable action (19) QUALIFIED ENTERPRISE.
Any activity, business, or trade that is described in one of the following categories:
Identified in the Alabama Department of Commerce's most recent economic development plan;
Advanced Manufacturing:
or b.
(i) aerospace/aviation;
Determined by a board to conduct operations in furtherance of the legislative purposes of this act.
(ii) automotive;
(19) SPECIAL PUBLIC REVENUES.
(iii) agriculture products/food production;
Any funds or revenues of an authorizing subdivision, including, but not limited to, the proceeds of any eligible tax, which funds, revenues, or tax proceeds shall be assigned or pledged, in whole or in part, by the authorizing subdivision for the benefit of an innovation district as provided in the authorizing resolution of the authorizing subdivision with respect to, and described in, the Page 4 HB349 INTRODUCED certificate of incorporation of the district.
(iv) metal and advanced metals;
(v) chemicals;
(vi) forestry products;
(vii) alternative energy, battery/fuel cell, and similar facilities.
b.
Bioscience:
(i) medical equipment and supplies;
(ii) pharmaceuticals;
(iii) biotechnology.
c.
Foundational Targets:
(i) cybersecurity;
(ii) data centers;
(iii) distribution/logistics;
Show all 149 changed rows (109 more)
Previous
Latest
(iv) information technology;
(v) research and development.
d.
Corporate operations for any of the foregoing.
(b) In furtherance of subsection (a) the legislative intent and public purpose of this act is:
(b) In furtherance of subsection (a) the legislative Page 5 intent and public purpose of this act is:
(1) To provide authority to municipalities and counties for the creation of districts with corporate authority and power to provide, in the discretion of the districts, public resources, including, without limitation, special public revenues, on a continuing basis to qualified enterprises for the location, development, support, and continuation of projects in the state;
(1) To provide authority to municipalities and counties for the creation of districts with corporate authority and power to provide, in the discretion of the districts, public resources;
(a) The governing body of any subdivision, or the Page 5 HB349 INTRODUCED governing bodies of any two or more subdivisions, may authorize the incorporation and organization of an innovation district as a public corporation of the state, with powers set forth in this act, for the purpose of establishing or undertaking any project.
(a) The governing body of any subdivision, or the governing bodies of any two or more subdivisions, may authorize the incorporation and organization of an innovation district as a public corporation of the state, with powers set forth in this act, for the purpose of establishing or undertaking any project.
(4) Attach the proposed certificate of incorporation of the proposed district and state that the proposed certificate of incorporation is attached to the application and made a part thereof;
(4) Attach the proposed certificate of incorporation of the proposed district and state that the proposed certificate Page 6 of incorporation is attached to the application and made a part thereof;
Page 6 HB349 INTRODUCED (c) The certificate of incorporation of an innovation district shall state all of the following:
(c) The certificate of incorporation of an innovation district shall state all of the following:
(4) The name of each authorizing subdivision together with the date on which the governing body thereof adopted an authorizing resolution.
(4) The name of each authorizing subdivision together with the date on which the governing body thereof adopted an Page 7 authorizing resolution.
(7) The number of members, which must be an odd number not less than three, of the board of directors of the district, with each director to hold a place on the board, which may be designated by number in consecutive order, and Page 7 HB349 INTRODUCED for each such place the duration of the term of office, which shall not be in excess of six years, for the director holding such place, and, subject to the provisions of this act, the person or persons, which may include any natural person, any corporate person, any public entity, or the state, having the authority and power of appointment of the director holding such place;
(7) The number of members, which must be an odd number not less than three, of the board of directors of the district and the duration of the term of office, which shall not be in excess of six years.
provided, however, a majority of the directors of the district must be appointed by one or more of the authorizing subdivisions.
(8) A description of the geographic boundaries of the innovation district, which description may be by reference to tax assessment tracts in accordance with the tax assessor's system, by metes and bounds, by subdivision lot, by reference to recorded deeds, or by other reasonable reference method.
Additionally, the certificate of incorporation may allow for the Alabama Innovation Corporation to appoint a single, non-voting director who shall not count towards the establishment of a quorum.
(9) The terms of any prohibition, limitation, or condition with respect to the exercise of any authority or power of the district or the duration of the district, if any.
(8) The terms of any prohibition, limitation, or condition with respect to the exercise of any authority or power of the district.
(10) Any provision that provides for the vesting of title to its property upon dissolution of the district which must not be in violation of this act or other state law.
(9) Any provision that provides for the vesting of title to its property upon dissolution of the district which must not be in violation of this act or other state law.
(11) That the district shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation.
(10) That the district shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation.
(d)(1) The governing body of a subdivision with which an application is filed pursuant to this act, as promptly as practicable, shall review the application and the attached Page 8 form of certificate of incorporation.
(11) Any other provision that:
a.
Describes any special public revenues that have been pledged or assigned to the district by an authorizing subdivision in the authorizing resolution;
and b.
May be required to be included in the certificate of incorporation by an authorizing subdivision in the authorizing Page 8 HB349 INTRODUCED resolution and which must not be in violation of this act or any other state law.
(d)(1) The governing body of a subdivision with which an application is filed pursuant to this act, as promptly as practicable, shall review the application and the attached form of certificate of incorporation and thereupon, at any regular or special meeting called and held in accordance with state law, either adopt a resolution denying the application or adopt an authorizing resolution in which the governing body declares that it is wise, expedient, and necessary that the proposed district be formed, approve the form and content of its certificate of incorporation, and authorize and direct the applicants to proceed to form the proposed district by the filing for record of the proposed certificate of incorporation in accordance with this act.
(e) As soon as practicable after the adoption of an Page 9 HB349 INTRODUCED authorizing resolution by each authorizing subdivision, the applicants shall do all of the following:
(e) As soon as practicable after the adoption of an authorizing resolution by each authorizing subdivision, the applicants shall do all of the following:
(3) File the certificate of incorporation for record in the office of the judge of probate of the county in which the principal office of the district is to be located.
(3) File the certificate of incorporation for record in Page 9 the office of the judge of probate of the county in which the principal office of the district is to be located.
(1) The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which must be Page 10 HB349 INTRODUCED set forth in full in the resolution.
(1) The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which must be set forth in full in the resolution.
(3) As promptly as practicable after the filing of the application with the authorizing subdivision, the governing body shall review the application and shall either adopt a resolution denying the application or adopt a resolution authorizing the proposed amendment.
Page 10 (3) As promptly as practicable after the filing of the application with the authorizing subdivision, the governing body shall review the application.
An authorizing resolution shall not operate or be construed as of general and permanent nature or operation, may be adopted at the same meeting at which it is introduced, and shall be effective immediately without posting or Page 11 HB349 INTRODUCED publication by any electronic, printed, or other means.
An authorizing resolution shall not operate or be construed as of general and permanent nature or operation, may be adopted at the same meeting at which it is introduced, and shall be effective immediately without posting or publication by any electronic, printed, or other means.
When the certificate has been so filed and recorded, the amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment.
When the certificate has been so filed and recorded, the amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the Page 11 amendment.
(c) Any natural person may serve on the board of an innovation district without regard to whether the natural Page 12 HB349 INTRODUCED person is a resident, owner of property, taxpayer, or elector in or of any authorizing subdivision or the state;
(c) Any natural person may serve on the board of a district;
provided, however, board membership shall be inclusive and reflect the racial, gender, geographic, and economic diversity of the district.
provided, however a majority of the directors must be natural persons who are residents of any of the authorizing subdivisions of the district and, to the extent there are multiple authorizing subdivisions, a majority of the directors must be appointed by a single authorizing subdivision.
(d) Each director of the district shall hold a place on the board and shall be appointed for the term of the place by the person or persons, which may include the board, any natural person, any corporate person, any public entity, or the state, having the authority and power of appointment of the director for the place, as provided in the certificate of incorporation of the district;
A minority of the directors may be natural persons who are not residents of any of the authorizing subdivisions;
provided, however, anything in this act to the contrary notwithstanding, a majority of the directors of the district must be appointed by one or more of the authorizing subdivisions.
provided, however that any non-resident director must also be approved by the governing body of each authorizing subdivision.
Except as may be otherwise provided in the certificate of incorporation of an innovation district, an officer or employee of any authorizing subdivision shall be eligible for appointment and may serve as a member of the board for the first to expire of the term for which the officer is appointed or the term thereof as an officer of the authorizing subdivision.
The appointment of all voting members of a board must be approved by the authorizing subdivisions of the district in a manner set forth by the respective authorizing subdivisions.
(e) Each director may hold a place on the board for successive terms without limit.
In addition, the Alabama Innovation Corporation may appoint a single non-voting member who shall not count towards the establishment of a quorum.
(d) Notwithstanding any other provision of this act, board membership shall be inclusive and reflect the racial, Page 12 gender, geographic, and economic diversity of the authorizing subdivisions of the district.
(e) Each director of the district shall hold a place on the board and shall be appointed for the term of such place by the person or persons, which may include the board, any natural person, any corporate person, any public entity, or the state, having the authority and power of appointment of the director for such place, all as provided in the certificate of incorporation of the district.
Except as may be otherwise provided in the certificate of incorporation of a district, an officer or employee of any authorizing subdivision shall be eligible for appointment and may serve as a member of the board for the first to expire of the term for which such officer is appointed or the term thereof as an officer of the authorizing subdivision.
(f) Each director may hold a place on the board for successive terms without limit.
If at any time there is a vacancy on Page 13 HB349 INTRODUCED the board, whether by death, resignation, incapacity, disqualification, or otherwise, a successor director to serve for the unexpired term applicable to the vacancy shall be elected or appointed by the person or persons who appointed the predecessor director.
If at any time there is a vacancy on the board, whether by death, resignation, incapacity, disqualification, or otherwise, a successor director to serve for the unexpired term applicable to the vacancy shall be elected or appointed by the person or persons who appointed the predecessor director.
(f) Each director shall serve as such without compensation but shall be reimbursed for expenses actually incurred by the director while conducting his or her official duties.
(g) Each director shall serve as such without Page 13 compensation but shall be reimbursed for expenses actually incurred by the director while conducting his or her official duties.
(g) The board may hold regular and special meetings as the board determines or as provided in the bylaws of the board.
(h) The board may hold regular and special meetings as the board determines or as provided in the bylaws of the board.
Any meeting Page 14 HB349 INTRODUCED of the board may be adjourned from time to time by a majority of the directors present or may be so adjourned by a single director if the director is the only director present at the meeting.
Any meeting of the board may be adjourned from time to time by a majority of the directors present or may be so adjourned by a single director if the director is the only director present at the meeting.
No vacancy in the membership of the board or the voluntary disqualification or abstention of any member of the board shall impair the right of a quorum to exercise all the powers and perform all the duties of the board at a regular or special meeting.
No vacancy in the membership of the board or the voluntary disqualification or abstention of any member of the board shall impair the right of a quorum to exercise all the Page 14 powers and perform all the duties of the board at a regular or special meeting.
(h) The determinations set forth in a resolution of the board, including the determination that an activity, facility, or undertaking, or application of funds or tax proceeds, including any special public revenues, under control of the board constitutes a "project" or are otherwise in furtherance of the purposes of this chapter, shall constitute a legislative act by the board under state law to the same extent as would similar action by a subdivision and shall be subject to judicial review as provided and limited by law for judicial review of legislative acts and determinations by a subdivision.
(i) The determinations set forth in a resolution of the board, including the determination that an activity, facility, or undertaking, or application of funds or tax proceeds under control of the board constitutes a "project" or are otherwise in furtherance of the purposes of this chapter, shall be subject to judicial review as provided and limited by law for judicial review of legislative acts and determinations by a subdivision.
(i) If a matter comes before the board with respect to which any director, any related party, including a sibling, spouse, or lineal descendant, or any business enterprise with which the director is associated, has any direct or indirect Page 15 HB349 INTRODUCED pecuniary interest, the director shall immediately disclose the interest to the board and remove himself or herself and withdraw from the meeting prior to the consideration, deliberation, and voting on the matter by the board.
(j) If a matter comes before the board with respect to which any director, any related party, including a sibling, spouse, or lineal descendant, or any business enterprise with which the director is associated, has any direct or indirect pecuniary interest, the director shall immediately disclose the interest to the board and remove himself or herself and withdraw from the meeting prior to the consideration, deliberation, and voting on the matter by the board.
(j) The district and the directors, officers, employees, and agents of the district shall have the same immunity from liability as a municipality and its officers, employees, and agents.
(k) The district and the incorporators, directors, officers, employees, and agents of the district shall have the same limitations on liability as a municipality and its officers, employees, and agents for negligent acts.
No action or suit shall be brought or maintained against the district or any director thereof for or on account of the negligence of the district or director or the district's or director's agents, servants, or employees, relating to the construction, acquisition, installation, maintenance, operation, superintendence, or management of any project or facility of the district.
These limitations shall not apply to subcontractors or independent Page 15 contractors of the innovation district.
No civil action may be maintained against an appointing subdivision, its officers, servants, employees, or agents relating to an innovation district's acquisition, construction, ownership, maintenance, operation, or management of any project, facility, or other improvement.
(l) Any director may be removed from office in the same manner and on the same grounds provided in the state constitution and the general laws of the state for impeachment and removal of officers.
(k) Any director may be removed from office in the same manner and on the same grounds provided in the state constitution and the general laws of the state for impeachment and removal of officers.
The offices of secretary and treasurer may be held by the same Page 16 HB349 INTRODUCED individual.
The offices of secretary and treasurer may be held by the same individual.
(4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent with the provisions of this act, for the regulation and conduct of its affairs and business.
Page 16 (4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent with the provisions of this act, for the regulation and conduct of its affairs and business.
(5) Notwithstanding Chapter 1B of Title 18 of the Code of Alabama 1975, to acquire real property, whether by gift, purchase, transfer, foreclosure, lease, devise, exercise of the power of eminent domain in the manner provided by law, including, Chapter 1A of Title 18 of the Code of Alabama 1975, or otherwise, and to construct, improve, operate, maintain, equip, and furnish the property and interests in property as Page 17 HB349 INTRODUCED the board determines to be necessary for the purposes of the district, which property may be located in any subdivision in the state without regard to whether the subdivision is an authorizing subdivision with respect to the district;
(5) Notwithstanding Chapter 1B of Title 18 of the Code of Alabama 1975, to acquire real property within the geographic boundaries of the innovation district, whether by gift, purchase, transfer, foreclosure, lease, or devise, and to construct, improve, operate, maintain, equip, and furnish the property and interests in property as the board determines to be necessary for the purposes of the district.
provided, however, the district shall not be authorized to condemn any property or interests in property held by utilities or other entities engaged in the generation, transmission, or distribution of communications, gas, electricity, water, sewer, or other utility products or services.
(10) To fix and revise, and charge and collect, fees, licenses, rates, and rentals for services rendered by the district, or for the use of any property of the district, and Page 18 HB349 INTRODUCED to apply the proceeds thereof for any lawful purpose of the district.
(10) To fix and revise, and charge and collect, fees, licenses, rates, and rentals for services rendered by the district within the geographic boundaries of the district or Page 17 for the use of any property owned by and located within the geographic boundaries of the district, and to apply the proceeds thereof for any lawful purpose of the district.
(11) To the extent authorized or permitted by the state constitution, to grant, lend, or donate, or otherwise make available to any person or persons any funds, money, revenues, including, but not limited to, any special public revenues, or other property of the district upon such terms as the board shall determine.
(11) To the extent authorized or permitted by the state constitution, to grant, loan, or donate, or otherwise make available any funds, money, revenues, or property of the district upon such terms as the board shall determine to:
(i) any public person or persons, and (ii) upon compliance with the public notice requirements, any corporate person or corporate persons and natural person or natural persons.
(13) To pledge for the benefit of any financial obligation of the district any revenues, including, but not limited to, any special public revenues or proceeds of any special tax to which it may be entitled, from which the financial obligation is payable, and to mortgage or pledge its property and revenues, or any portion thereof, as further provided in this act.
(13) To pledge for the benefit of any financial obligation of the district any revenues, including, but not limited to, proceeds of any tax to which it is entitled, from which the financial obligation is payable, and to mortgage or pledge its property and revenues, or any portion thereof, as further provided in this act.
(15) To make, enter into, and execute contracts, agreements, leases, and other instruments, and to take such other actions as may be necessary or convenient to accomplish any purpose for which the district was organized or to exercise any power granted under this act.
(15) To make, enter into, and execute contracts, agreements, leases, and other instruments, and to take such other actions as may be necessary or convenient to accomplish any purpose for which the district was organized or to Page 18 exercise any power granted under this act.
Page 19 HB349 INTRODUCED (16) To enter into contracts with, to accept aid, loans, and grants from, to cooperate with, and to take any action not specifically prohibited by this act or other applicable laws of the state that may be necessary in order to obtain or secure the aid and cooperation of the United States, the state, or any agency, department, instrumentality, or political subdivision of either in furtherance of the purposes of this act.
(16) To enter into contracts with, to accept aid, loans, and grants from, to cooperate with, and to take any action not specifically prohibited by this act or other applicable laws of the state that may be necessary in order to obtain or secure the aid and cooperation of the United States, the state, or any agency, department, instrumentality, or political subdivision of either in furtherance of the purposes of this act.
(18) To abate, eliminate, or reduce the liability of any taxpayer for the payment of any one or more of the eligible taxes pursuant to such agreements, instruments, or proceedings as the district determines shall be effective.
(18) To appoint, employ, contract with, and provide for compensation of the employees and agents of the district including, but not limited to, architects, engineers, attorneys, accountants, investment advisors and financial experts, fiscal agents, and such other advisors, consultants, and agents as the board determines to be necessary or desirable.
(19) To appoint, employ, contract with, and provide for compensation of the employees and agents of the district including, but not limited to, architects, engineers, attorneys, accountants, investment advisors and financial experts, fiscal agents, and such other advisors, consultants, and agents as the board determines to be necessary or desirable.
(19) To invest its monies, including, but not limited to, the monies held in any special fund created pursuant to any trust indenture or agreement or resolution securing any of its financial obligations and proceeds from the sale of any financial obligations not required for immediate use, in such investments as are authorized by the laws of the state for the Page 19 investment of funds and money of a municipality.
(20) To invest its monies, including, but not limited to, the monies held in any special fund created pursuant to any trust indenture or agreement or resolution securing any of Page 20 HB349 INTRODUCED its financial obligations and proceeds from the sale of any financial obligations not required for immediate use, in such investments as are authorized by the laws of the state for the investment of funds and money of a municipality.
(20) To acquire, create, establish, operate, or support, or to participate as a member of, any corporate person that will assist the district in, or which otherwise has as a purpose of accomplishing the purposes of this act, including, but not limited to, the support of any corporate person by means of grants or loans of property or the issuance of financial obligations for the benefit the corporate person.
(21) To acquire, create, establish, operate, or support, or to participate as a member of, any corporate person that will assist the district in, or which otherwise has as a purpose of accomplishing the purposes of this act, including, but not limited to, the support of any corporate person by means of grants or loans of property or the issuance of financial obligations for the benefit the corporate person.
(21) To exercise any authority or power that is granted by state law to any private corporation or public corporation which is not in conflict with the purposes of this act.
(22) To exercise any authority or power that is granted by state law to any public or private corporation which is not in conflict with the purposes of this act.
(22) To do any and all things necessary or convenient to carry out its purposes and to exercise its powers pursuant to this act to the extent permitted by law.
(23) To do any and all things necessary or convenient to carry out its purposes and to exercise its powers pursuant to this act.
Contributions and Application of Special Public Revenues.
Contributions and Application of Eligible Taxes.
(a) Each authorizing subdivision of an innovation district, anything in this act or state law to the contrary notwithstanding, and to the extent permitted by the state constitution, may pledge or assign any special public revenues for the benefit of any district with respect to which it is an authorizing subdivision by specific provision in the authorizing resolution of the authorizing subdivision for the district, which provision shall specify the officer of the subdivision charged with performance of a pledge or assignment Page 21 HB349 INTRODUCED and the liquidated amounts in which, and dates on which, the special public revenues shall be delivered to the district in performance of the pledge or assignment.
Each authorizing subdivision of an innovation district, anything in this act or state law to the contrary notwithstanding, and to the extent permitted by the state constitution and upon compliance with the public notice requirements and pursuant to contractual agreement authorized, executed, and delivered by the authorizing subdivisions and innovation district, from time to time may pledge or assign any eligible tax to or for the benefit of any district with respect to which it is an authorizing subdivision.
The inclusion of a description of the pledge or assignment of the special public revenues in the certificate of incorporation of the district, upon the incorporation of the district, shall constitute acceptance of, and reliance by the district upon, the continuing validity of the pledge or assignment of the special public revenues.
The pledge or assignment of the special public revenues by the authorizing subdivision for the benefit of the district shall constitute a contractual agreement between the authorizing subdivision and the district and shall be enforceable by the district by all remedies available at law or in equity, including, but not limited to, an action for mandamus in a court of competent jurisdiction.
(b) An innovation district may use the proceeds of any special public revenues made available to the district, subject to the terms and conditions upon the special public revenues, for any lawful purpose the board of the district determines to be in furtherance of the purposes of this act, including, but not limited to, the gift, grant, guarantee, loan, or other form of contribution of all or any part of the special public revenues for the benefit of any person or persons, and the pledge of all or any part of the special public revenues for the benefit of any financial obligation or financial obligations of the district.
Page 22 HB349 INTRODUCED (a) Each district shall have, and may exercise as provided in Section 6(12), the authority and power to assume, incur, or issue, at any time and from time to time, any financial obligation or financial obligations, without limitation as to aggregate principal amount, as the board determines to be necessary or desirable for any lawful purpose of the district, including, but limited to:
(a) Each district shall have, and may exercise as Page 20 provided in Section 6(12), the authority and power to assume, incur, or issue, at any time and from time to time, any financial obligation or financial obligations, without limitation as to aggregate principal amount, as the board determines to be necessary or desirable for any lawful purpose of the district, including, but limited to:
(b) Each financial obligation of an innovation district may be in such form and denomination and of such tenor and maturity or maturities, shall be payable in lawful currency of the United States in such installments as serial or term obligations or a combination thereof, and at such time or times, not exceeding 45 years from the date thereof, may be payable at such place or places whether within or without the state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in Page 23 HB349 INTRODUCED such manner, may be subject to prepayment or redemption in advance of maturity at such price or prices and upon such notice, terms, and conditions, and may contain such provisions which are not in violation of this act, all as provided in the applicable agreement, indenture, or resolution of the district that has authorized the incurrence or issuance thereof.
(b) Each financial obligation of an innovation district may be in such form and denomination and of such tenor and maturity or maturities, shall be payable in lawful currency of the United States in such installments as serial or term obligations or a combination thereof, and at such time or times, not exceeding 45 years from the date thereof, may be payable at such place or places whether within or without the state, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be subject to prepayment or redemption in Page 21 advance of maturity at such price or prices and upon such notice, terms, and conditions, and may contain such provisions which are not in violation of this act, all as provided in the applicable agreement, indenture, or resolution of the district that has authorized the incurrence or issuance thereof.
Page 24 HB349 INTRODUCED (e) An innovation district shall cause all financial obligations assumed, incurred, or issued by the district to be executed by manual or electronic signature of an officer or officers as authorized and provided in the agreement, indenture, or resolution of the district which authorized the financial obligation.
(e) An innovation district shall cause all financial Page 22 obligations assumed, incurred, or issued by the district to be executed by manual or electronic signature of an officer or officers as authorized and provided in the agreement, indenture, or resolution of the district which authorized the financial obligation.
Page 25 HB349 INTRODUCED (h)(1) The district shall apply the proceeds of any financial obligation solely for the purposes for which the financial obligation has been incurred or issued, including, but not limited to, payment of the costs of incurrence or issuance of the financial obligations, including, but not limited to:
(h)(1) The district shall apply the proceeds of any Page 23 financial obligation solely for the purposes for which the financial obligation has been incurred or issued, including, but not limited to, payment of the costs of incurrence or issuance of the financial obligations, including, but not limited to:
(i) The financial obligations of any district shall be legal investments in which the state and its agencies and instrumentalities, all subdivisions and public corporations organized under the laws of the state, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings banks, savings and loan associations, trust companies, credit unions, and investment companies of any kind, all administrators, guardians, executors, trustees, and other fiduciaries, and all other Page 26 HB349 INTRODUCED persons whosoever are now or may hereafter be authorized to invest in financial obligations or other obligations of the state, may properly and legally invest funds in their control or belonging to them.
(i) The financial obligations of any district shall be legal investments in which the state and its agencies and instrumentalities, all subdivisions and public corporations organized under the laws of the state, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings banks, savings and loan associations, trust companies, credit unions, and investment companies of any kind, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whosoever are now or may hereafter be authorized to Page 24 invest in financial obligations or other obligations of the state, may properly and legally invest funds in their control or belonging to them.
provided, the district, in its discretion, may provide property as security for any one or more financial obligations of the district without, to the extent permitted by any applicable contractual agreements, provision of the same or any other any property as Page 27 HB349 INTRODUCED security for any other financial obligation or obligations of the district.
provided, the district, in its discretion, may provide property as security for any one or more financial obligations of the district without, to the extent permitted by any applicable contractual agreements, provision of the same or any other any property as security for any other financial obligation or obligations of Page 25 the district.
(c) Any assignment, mortgage, or pledge of property by the district for the benefit of any financial obligation shall be effective, valid, and binding from the time the assignment, mortgage, or pledge is made, and the property subject thereto shall immediately, or as soon thereafter as the district obtains any right thereto or interest therein, be subject to the assignment, mortgage, or pledge without physical delivery of the subject property or any agreement, document, or instrument providing therefor, or any further act, and the encumbrance and lien of any such assignment, mortgage, or pledge shall be effective, valid, and binding as against all Page 28 HB349 INTRODUCED persons having claims of any kind in tort, contract, or otherwise against the district, irrespective of whether such persons have actual notice thereof, from the time notice of the assignment, mortgage, or pledge is filed for record:
(c) Any assignment, mortgage, or pledge of property by the district for the benefit of any financial obligation shall be effective, valid, and binding from the time the assignment, mortgage, or pledge is made, and the property subject thereto shall immediately, or as soon thereafter as the district obtains any right thereto or interest therein, be subject to the assignment, mortgage, or pledge without physical delivery of the subject property or any agreement, document, or instrument providing therefor, or any further act, and the encumbrance and lien of any such assignment, mortgage, or pledge shall be effective, valid, and binding as against all persons having claims of any kind in tort, contract, or Page 26 otherwise against the district, irrespective of whether such persons have actual notice thereof, from the time notice of the assignment, mortgage, or pledge is filed for record:
(d) All financial obligations assumed, incurred, or issued by an innovation district shall be solely and exclusively an obligation of the district 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 Page 29 HB349 INTRODUCED power of the state or any subdivision, including, but not limited to, any authorizing subdivision.
(d) All financial obligations assumed, incurred, or issued by an innovation district shall be solely and exclusively an obligation of the district 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 state or any subdivision, including, but not Page 27 limited to, any authorizing subdivision.
(b)(1) An innovation district, in the determination of the board and upon the adoption by the board of a resolution providing for the issuance of financial obligations, may cause a notice respecting the issuance of the financial obligations to be published once a week for two consecutive weeks in each county in which shall be located any project financed or in Page 30 HB349 INTRODUCED any way assisted by the issuance of the financial obligations.
(b)(1) An innovation district, in the determination of the board and upon the adoption by the board of a resolution providing for the issuance of financial obligations, may cause a notice respecting the issuance of the financial obligations to be published once a week for two consecutive weeks in each county in which shall be located any project financed or in any way assisted by the issuance of the financial obligations.
The publication in each such county shall be in a newspaper having general circulation therein and shall be in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chair or secretary of the district:
Page 28 The publication in each such county shall be in a newspaper having general circulation therein and shall be in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chair or secretary of the district:
Any action or proceeding in any court to set aside or question the proceedings for the issuance of the financial obligations Page 31 HB349 INTRODUCED referred to in the notice or to contest the validity of any such financial obligations, or the validity of any instruments securing the same, must be commenced on or before the date determined in accordance with the preceding sentence and stated in the notice as the date on or before which any such action or proceeding must be commenced.
Any action or proceeding in any court to set aside or question the proceedings for the issuance of the financial obligations referred to in the notice or to contest the validity of any Page 29 such financial obligations, or the validity of any instruments securing the same, must be commenced on or before the date determined in accordance with the preceding sentence and stated in the notice as the date on or before which any such action or proceeding must be commenced.
(a) In furtherance of the public purposes of this chapter, the state and any public entity, upon such terms and with or without consideration as it may determine and in compliance with the state constitution, may undertake any of the following for the benefit of any district, without regard to whether any public entity may be an authorizing subdivision with respect to the district or may have a project located or undertaken within the jurisdiction thereof:
(a) In furtherance of the public purposes of this chapter, the state and any public entity or public corporation, upon such terms and with or without consideration as it may determine and in compliance with the state constitution and public notice requirements, may undertake any of the following for the benefit of any district, without regard to whether any public entity may be an authorizing subdivision with respect to the district or may have a project located or undertaken within the jurisdiction thereof:
(1) Donate, grant, loan, or pledge to, or for the benefit of, any district any funds, revenues, or tax proceeds of the public entity;
(1) Donate, grant, loan, or pledge to, or for the benefit of, any district any funds, revenues, or tax proceeds of the public entity or public corporation;
(3) Pay, commit to pay, or guarantee, on a continuing Page 32 HB349 INTRODUCED basis by contractual agreement, the payment when due of all or any part of the principal of, and premium and interest on, any financial obligation of an innovation district for such period, including the period ending on the stated maturity of the financial obligation, as the public entity may determine;
(3) Pay, commit to pay, or guarantee, on a continuing Page 30 basis by contractual agreement, the payment when due of all or any part of the principal of, and premium and interest on, any financial obligation of an innovation district for such period, including the period ending on the stated maturity of the financial obligation, as the public entity or public corporation may determine;
(b) The state and each public entity may assume, incur, or issue, by private or public sale in compliance with applicable state law and the state constitution, any financial obligation, as a general, limited, or special obligation thereof, to provide funds for any purpose of this section.
(b) The state and each public entity and public corporation, upon compliance with the public notice requirements, may assume, incur, or issue, by private or public sale in compliance with applicable state law and the state constitution, any financial obligation, as a general, limited, or special obligation thereof, to provide funds for any purpose of this section.
(c) The state and each public entity shall cause each contractual agreement or instrument delivered for any purpose in subsection (a) to provide for, or set forth, in the agreement or instrument:
(c) The state and each public entity and public corporation shall cause each contractual agreement or instrument delivered for any purpose in subsection (a) to provide for, or set forth, in the agreement or instrument:
and (ii) the authorization and direction of a specific officer or officers, by title or office, of the public entity to pay any pecuniary obligation of the public entity in lawful currency of the United States and in liquidated amounts when due on a date or dates certain, which amounts and dates of payment may Page 33 HB349 INTRODUCED be set forth in the agreement or instrument, or schedule thereto, or incorporated therein by specific reference.
and (ii) the authorization and direction of a specific officer or officers, by title or Page 31 office, of the public entity or public corporation to pay any pecuniary obligation of the public entity or public corporation in lawful currency of the United States and in liquidated amounts when due on a date or dates certain, which amounts and dates of payment may be set forth in the agreement or instrument, or schedule thereto, or incorporated therein by specific reference.
(e) Any court in the state having competent jurisdiction shall issue mandamus for the payment of any pecuniary obligation of the state or a public entity in a contractual agreement or instrument delivered pursuant to this section upon proper proof of nonpayment thereof, or failure of compliance with the provisions of law with respect thereto, being furnished by, or on behalf of, the district or any beneficiary of the pecuniary obligation of the state or the public entity under the contractual agreement or instrument.
(e) Any court in the state having competent jurisdiction shall issue mandamus for the payment of any pecuniary obligation of the state or a public entity or public corporation in a contractual agreement or instrument delivered pursuant to this section upon proper proof of nonpayment thereof, or failure of compliance with the provisions of law with respect thereto, being furnished by, or on behalf of, the district or any beneficiary of the pecuniary obligation of the state or the public entity or public corporation under the contractual agreement or instrument.
(a) An innovation district shall be required to produce audited financial statements from a certified public accountant, or a firm thereof, regularly engaged in the auditing of financial records, or an auditor who is regularly employed by the Department of Examiners of Public Accounts, for each fiscal year and, when available, deliver the audited financial statements to each public entity that financially supports the district, if the district:
(a) An innovation district shall be required to produce audited financial statements from a certified public accountant, or a firm thereof, regularly engaged in the auditing of financial records, or an auditor who is regularly employed by the Department of Examiners of Public Accounts, for each fiscal year and, when available, deliver the audited Page 32 financial statements to each public entity that financially supports the district, if the district:
(i) receives any special public revenues;
(i) receives any eligible taxes;
(b) For purposes of this section, the person conducting Page 34 HB349 INTRODUCED an audit pursuant to subsection (a) must be a person who:
(b) For purposes of this section, the person conducting an audit pursuant to subsection (a) must be a person who:
Each district, and the projects thereof, shall be exempt from all fees, charges, and taxes levied by any judge of probate or taxing authority of the state, including, but not limited to, ad valorem taxes, privilege, license, and excise taxes, occupational taxes, business license taxes, and recording fees and taxes.
(a)(1) Except as provided in subdivision (2), each district and its property shall be exempt from all fees, charges, and taxes levied by any judge of probate or taxing authority of the state, including, but not limited to, ad valorem taxes, privilege, license, and excise taxes, occupational taxes, business license taxes, and recording fees and taxes.
The property and income of any district, all financial obligations of an innovation district, the income and interest from the financial obligations, conveyances by or to an innovation district, and leases, mortgages, and deeds of trust or trust indentures by or to an innovation district, shall be exempt from all taxation in the state.
(2) Notwithstanding subdivision (1), property of a district shall be subject to all of the fees and taxes described in subdivision (1) if the project or property is or will be treated as owned for federal income tax purposes by a corporate person or a natural person.
(b) The income of any district, all financial obligations of a district, the income and interest from the financial obligations, conveyances by or to an innovation Page 33 district, and leases, mortgages, and deeds of trust or trust indentures by or to an innovation district, shall be exempt from all taxation in the state.
Page 35 HB349 INTRODUCED Each district and all contractual agreements made by the district shall be exempt from state laws requiring competitive bids for any contract to be entered into by any public entity, including, but not limited to, Chapter 2 of Title 39 and Article 3 of Chapter 16 of Title 41, of the Code of Alabama 1975.
Each district and all contractual agreements made by the district shall be exempt from state laws requiring competitive bids for any contract to be entered into by any public entity, including, but not limited to, Chapter 2 of Title 39 and Article 3 of Chapter 16 of Title 41, of the Code of Alabama 1975.
Except as provided in this act, an innovation district shall not be required to obtain the approval or consent of, or make any filing with, or provide notice to the state or any 991 state agency, department, or other instrumentality of the state, with respect to the incorporation or the amendment of the certificate of incorporation of the district, or the exercise of any authority or power provided in this act or permitted under state law.
(a) Except as provided in this act and specifically in subsection (b), an innovation district shall not be required to obtain the approval or consent of, or make any filing with, or provide notice to the state or any state agency, department, or other instrumentality of the state, with respect to the incorporation or the amendment of the certificate of incorporation of the district, or the exercise of any authority or power provided in this act or permitted under state law.
Page 34 (b) An innovation district shall be subject to local codes and ordinances.
An innovation district shall be a nonprofit corporation, and no part of an innovation district's net Page 36 HB349 INTRODUCED earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, financial obligations, and other obligations of an innovation district, then any portion, as determined by the board, of the net earnings of an innovation district thereafter accruing, in the discretion of the board, may be paid to one or more of the district's authorizing subdivisions.
An innovation district shall be a nonprofit corporation, and no part of an innovation district's net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, financial obligations, and other obligations of an innovation district, then any portion, as determined by the board, of the net earnings of an innovation district thereafter accruing, in the discretion of the board, may be paid to one or more of the district's authorizing subdivisions.
At any time when an innovation district has no financial obligations or other executory agreements outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the district shall be dissolved.
At any time when an innovation district has no financial obligations or other executory agreements Page 35 outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the district shall be dissolved.
The existence of an innovation district incorporated Page 37 HB349 INTRODUCED under this act shall not prevent the subsequent incorporation under this act of another district pursuant to authority granted by the same authorizing subdivision.
The existence of an innovation district incorporated under this act shall not prevent the subsequent incorporation under this act of another district pursuant to authority granted by the same authorizing subdivision.
Cumulative Effect of Chapter.
Reporting.
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws;
Not later than January 1, annually, each innovation district shall submit a report detailing all activities, including the status of any qualified enterprise within the district and the audited financial statements submitted pursuant to Section 12, to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the President of the Senate, and each authorizing subdivision.
provided, however, the provisions of this act shall supersede any other laws to the extent the laws are clearly inconsistent with the provisions of this act.
This act shall become effective on June 1, 2024.
Cumulative Effect of Chapter.
Page 38
The provisions of this act are cumulative and shall not Page 36 be deemed to repeal existing laws;
provided, however, this act shall supersede any other laws to the extent the laws are clearly inconsistent with the provisions of this act.
Section 23.
This act shall become effective upon the ratification of the constitutional amendment proposed in House Bill 368 or Senate Bill 243 of the 2024 Regular Session.
Page 37