SB 252 — Alabama Growth Alliance Bill

SB252 ENGROSSEDENROLLED SB252 YUAPNNN-2ZVSFKWK-2 By Senators Reed, Singleton, Barfoot, Butler, Weaver, Livingston, Figures, Chesteen, Allen, Jones, Price, Elliott, Williams, Melson, Carnley, Sessions, Roberts, Shelnutt, Waggoner, Smitherman, Coleman-Madison, Kelley, Givhan, Kitchens, Hovey, Coleman RFD:

21-Mar-24 Page 0 SB252 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 To add Article 24, commencing with Section 41-10-870, to Chapter 10, Title 41 of the Code of Alabama 1975;

(1) The State of Alabama has a great need to ensure the long-term viability of the state’s economic development Page 1 SB252 Engrossed successes.

(2) Other states have had significant success in economic development by involving the private sector in long-term planning to help identify and fill strategic gaps in states efforts that are not currently addressed by existing agencies, ensuring a comprehensive approach to economic growth Page 1 SB252 Enrolled and development.

Creation of a similar Page 2 SB252 Engrossed model will help give Alabama a competitive edge in the national and global market, helping to attract significant business investments.

(8) It is desirable and in the public interest to establish a public corporation governed by a board of public and private leaders to be a part of the state’s economic Page 2 SB252 Enrolled development strategies designed to sustain and enhance Alabama’s long-term success, growth, and viability of its economic development policies.

Has a record of, or can demonstrate that it is capable of, developing, fostering, and implementing economic Page 3 SB252 Engrossed development policies and strategies across Alabama.

In determining whether a nonprofit corporation qualifies as an economic development entity, the board may attribute to the nonprofit corporation the experiences of its Page 3 SB252 Enrolled officers, staff, and directors with other nonprofit corporations.

INCORPORATION OF GROWTH ALLIANCE (a) The Governor, the Speaker of the House of 95 Representatives, and the President Pro Tempore of the Senate shall present to the Secretary of State an application, signed by each of them, for the formation of the Alabama Growth Alliance, as a public corporation, having a legal existence separate and apart from the state and any county, municipality, or political subdivision, which shall set forth 95 all of the following:

(5) Provisions requiring the board to support the Department of Commerce in the development of a recommended annual strategic economic development plan for the state and Page 4 SB252 Engrossed standards of measure to be used in measuring the corporation’s achievements in executing the plan.

(6) Provisions requiring the board to review the state’s primary economic development incentives on a biennial basis and reviewing the effectiveness of the incentives to create jobs, attract new business, encourage existing business Page 4 SB252 Enrolled expansions, and achieve other goals as may be determined by the board, in cooperation with the Joint Legislative Advisory Committee on Economic Incentives or any third party contracted with by that committee.

There shall be no fees paid to the Secretary of State for any filing made by the Page 5 SB252 Engrossed corporation pursuant to this article.

Page 5 SB252 Enrolled 41-10-873.

Each ex officio Page 6 SB252 Engrossed member may withdraw the appointment or designation of his or her appointee or designee at any time.

Each at-large member shall be an Page 6 SB252 Enrolled individual in the private sector with experience relevant to the purposes and activities of the corporation including, but not limited to, experience with any of the following:

(c) Board members shall be subject to the Alabama Ethicsethics Act.law.

(d) In making appointments of at-large members, the Governor shall coordinate his or her appointments so that diversity of gender, race, and geographical areas of the board Page 7 SB252 Engrossed of directors is reflective of the makeup of the state.

(2) Each at-large member shall continue to serve until Page 7 SB252 Enrolled the member is reappointed, or a successor is appointed, to the office.

No vacancy in the membership of the board or the voluntary disqualification or abstention of any member shall impair the right of a quorum to exercise all of the Page 8 SB252 Engrossed powers and duties of the board.

Participation by any such means shall constitute Page 8 SB252 Enrolled presence in person at a meeting for all purposes, including for purposes of establishing a quorum.

The board shall be subject to Chapter 25A of Title 36, providedprovided, however, that notice of each meeting shall occur at least 14seven days prior to the meeting.meeting and, provided further, that an emergency meeting of the board may be called by either the chair or cochair when circumstances exist that are deemed by the chair or cochair to address unforeseen economic opportunities that require immediate action including, but not limited to, a major company considering relocation to Alabama but requiring swift commitment from state authorities, or threats including, but not limited to, the sudden closure of a major employer, which could significantly impact the state's economy.

Notice of an emergency meeting should be given at least 24 hours prior to the time the meeting is to commence, unless the circumstances of the emergency are such that the meeting must convene sooner.

(h) TheNotwithstanding boardsubsection may(g), appointany otheraction officersrequired by this article to performbe dutiestaken notat inconsistenta withmeeting thisof articlethe board of directors of the corporation or applicableany law,action asthat may be taken at a meeting of a committee of the board deemsof necessarydirectors may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed either electronically or appropriate.in person by all of the directors of the board or all of the Page 9 SB252 Enrolled members of the committee, as the case may be.

(i) InThe additionboard tomay regularappoint meetingsother ofofficers theto board,perform asduties maynot beinconsistent providedwith bythis lawarticle or byapplicable bylawslaw, adoptedas by the board, special meetings of the board maydeems benecessary called by the chair acting alone or byappropriate. any three other members acting in concert, in each case upon notice to each member given in person, by email, by registered letter, or by other means.

(j) In addition to regular meetings of the board, as may be provided by law or by bylaws adopted by the board, special meetings of the board may be called by the chair acting alone or by any three other members acting in concert, in each case upon notice to each member given in person, by email, by registered letter, or by other means.

(j)(k) Minutes of all board meetings shall be kept and Page 9 SB252 Engrossed maintained in the records of the corporation.

(3) Identify opportunities and make recommendations to the Governor regarding the coordination of economic development efforts between state agencies, private Page 10 SB252 Enrolled organizations, and other economic development entities and stakeholders.

(5) Provide input and support in regards to biennially measuring the effectiveness of key economic development incentives, which shall include, but not be limited to, the Alabama Jobs Act, the Growing Alabama Act, the Innovating Alabama Act, the Site Evaluation Economic Development Strategy, and the Tax Incentive Reform Act of 1992, in cooperation with the Joint Legislative Advisory Committee on Economic Incentives or any third party contracted with by that Page 10 SB252 Engrossed committee.

Promoting opportunities for minority-owned Page 11 SB252 Enrolled businesses.

h.

Recognizing the unique natural resources of Alabama, promoting and supporting ecotourism opportunities in the state in order to enhance the state's attractiveness for a skilled workforce.

(9) Appoint, employ, and contract with employees, agents, advisors, consultants, and service providers Page 11 SB252 Engrossed including, but not limited to, attorneys, accountants, financial experts, and other advisors, consultants, and agents as may in its judgment be necessary or desirable to accomplish any purpose of the corporation or incidental to the powers expressly set forth in this article, and to fix the compensation of those persons.

(11) Grant monies and things of value in aid of or to, any individual, firm, corporation, or other business entity, public or private, as may in its judgment be necessary or Page 12 SB252 Enrolled desirable to accomplish any purpose of the corporation or incidental to the powers expressly set forth in this article.

In undertaking any of the foregoing, the agreement shall accomplish both of the Page 12 SB252 Engrossed following:

(c) The board may make, enter into, and execute contracts, agreements, and other instruments with, accept aid and grants from, and cooperate with, any other person or Page 13 SB252 Enrolled entity including, but not limited to, all of the following:

Solely as Page 13 SB252 Engrossed a result of entering into contracts, leases, agreements, investments, or otherwise, no for-profit or nonprofit private entity, nor the officers, employees, agents, or directors of any of the foregoing, shall become subject to Chapter 25 or Chapter 25A of Title 36;

AMENDMENTS At any time, the Governor, the Speaker of the House of Page 14 SB252 Enrolled Representatives, and the President Pro Tempore of the Senate may cause their application for formation to be amended by filing an amendment with the Secretary of the State, which may cause its application for formation to be amended by having five of its members file an amendment with the Secretary of State, which shall be sworn to by each signatory thereto before a notary public.

The Secretary of State shall file and record the application for dissolution, and shall make and issue, under the Great Seal of the State, a certificate that the corporation is dissolved, and shall record the certificate Page 14 SB252 Engrossed with the application for dissolution.

This act shall become effective October 1, 2024, following its passage and approval by the Governor, or Page 15 SB252 Enrolled its otherwise becoming law.

Page 1516 SB252 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................21-Mar-24________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives FiscalSB252 ResponsibilitySenate and09-Apr-24 EconomicI Developmenthereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................04-Apr-24and onpassed the calendar:Senate, as amended.