Struck = removed from the bill ·
added = the amendment's new text.
SB151T3EI91-1 ENROLLED: BVTX4J-3 By Senators Gudger, Reed, Weaver, Allen, Butler, Jones, Chesteen, Price, Waggoner, Bell, Kelley, Chambliss, Sessions, Shelnutt, Scofield, Melson, Orr, Stewart, Smitherman, Hatcher, Coleman-Madison, Singleton RFD:
Fiscal4/13/2023 Responsibility: and Economic Development First Read:
04-Apr-23CNB PageAMENDMENT 0TO SB151 EnrolledOFFERED Enrolled,BY AnCLYDE Act,CHAMBLISS 32 54 RelatingReplace toline economic18 development;on page 1 with the following:
Relating to economic development;
and to add Section 40-18-379.1After toline the23 Codeon ofpage Alabama1 1975,insert to require the Departmentfollowing ofand Commercerenumber to publish certain information regarding economic development incentives awarded under the Alabamaremaining Jobssections Act.accordingly:
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
(2) The chairs of the Senate Finance and Taxation GeneralPage Fund1 andT3EI91-1 Education: Fund committees.
4/13/2023 :
CNB AMENDMENT TO SB151 OFFERED BY CLYDE CHAMBLISS General Fund and Education Fund committees.
Page 1 SB151 Enrolled (4) The President Pro Tempore of the Senate, or his or her designee, the chair of the Senate Committee on Fiscal Responsibility and Economic Development or its successor committee, if any.
(c)(1)(c) The committee shall hold an organizational meeting by August 1, 2015, and shall therein elect a chair and vice chair from among its members.
(2)(d) BeginningThe on the effective date of this act, in the first year of each quadrennium, the committee shall electadopt from its membershipown arules chairof andprocedure vice-chairfor whichthe shalltransaction rotateof betweencommittee membersbusiness, fromPage the2 HouseT3EI91-1 and: Senate.
The4/13/2023 chair: shall be elected from the House and the vice-chair from the Senate to serve the first two years of each quadrennium.
BeginningCNB withAMENDMENT theTO thirdSB151 JanuaryOFFERED 1BY ofCLYDE theCHAMBLISS quadrennium and toa servemajority for the remainder of the quadrennium,members thepresent vice-chair shall becomeconstitute thea chair,quorum andfor the chairpurpose shallof becometransacting theor vice-chair.performing authorized duties.
If the chair becomes vacant, the vice-chair shall serve as chair until a replacement chair is elected.
An election to fill a vacancy of Page 2 SB151 Enrolled the chair or vice-chair shall occur at the next meeting of the committee.
(d) The committee shall adopt its own rules of procedure for the transaction of committee business, and a majority of the members present shall constitute a quorum for the purpose of transacting or performing authorized duties.
(f) The Department of Commerce shall provide to the committee, upon request, an aggregated list of the amountsPage and3 typesT3EI91-1 of: economic development incentives awarded, as well as an analysis of the cost and benefits of the incentives awarded.
The4/13/2023 Department: of Revenue shall assist the Department Page 3 SB151 Enrolled of Commerce in the calculations required in this section.
(g)CNB TheAMENDMENT DepartmentTO ofSB151 Commerce,OFFERED theBY DepartmentCLYDE ofCHAMBLISS Revenue,amounts and thetypes Department of Financeeconomic shalldevelopment collectivelyincentives report,awarded, noas laterwell thanas Januaryan 1analysis of each year, the aggregatecost amountand benefits of incentives committed by tax source on executed project agreements during the pastincentives fiscalawarded. year.
NothingThe inDepartment thisof subsectionRevenue shall requireassist or authorize the disclosureDepartment of anyCommerce individualin taxpayerthe orcalculations taxpayerrequired identifyingin information.this section.
(h)(1)(g)(1) The committee may request that a third-party evaluation be conducted assessing the impacts of state 95 economic development incentives, in the form of an annual Executive Report.
(2) The Department of Commerce, the Department of Revenue, and the Department of Labor shall cooperate with, and timely provide requested nonconfidentialdata information to, the chosen third party conducting the evaluation.
(g)(i)(g)(h) The committee shall make an annual report of its findings and recommendations to the Legislature during each regular session, and in its discretion may submit additional reports from time to time, or at any time.Page 4 T3EI91-1 :
(h)(j)4/13/2023 In: no event shall the Department of Commerce be required to disclose matters which would cause it to violate Page 4 SB151 Enrolled any nondisclosure agreement executed for a project.
CNB AMENDMENT TO SB151 OFFERED BY CLYDE CHAMBLISS time.
(h)(i) In no event shall the Department of Commerce be required to disclose matters which would cause it to violate any nondisclosure agreement executed for a project.
(i)(k)(i)(j) Meetings of the committee are exempt from Chapter 205A25A of Title 36, provided that the minutes of each meeting shall be made available for public inspection.
(j)(l)(j)(k) The membership of the committee shall be inclusive and shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.state." Page 5
(m) Upon request of the chair, the Secretary of the Senate and the Clerk of the House shall provide clerical assistance as the committee requires." Section 2.
Section 40-18-379.1 is added to the Code of Alabama 1975, to read as follows:
§40-18-379.1 The Department of Commerce shall publish all of the following information on its website:
(1) For each project incentivized under this article:
a.
The name of the incentivized company.
b.
The county of the qualifying project.
Page 5 SB151 Enrolled c.
The estimated capital investment.
d.
The estimated number of new jobs.
e.
The estimated average hourly wage.
f.
The estimated value of the jobs credit.
g.
The estimated value of the investment credit.
h.
The projected 10-year and 20-year return on incentives.
i.
The value of any cash incentive that was committed.
(2) Aggregated performance data on all projects incentivized under this article.
Section 3.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 6 SB151 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB151 Senate 13-Apr-23 I hereby certify that the within Act originated in and passed the Senate, as amended.
Patrick Harris, Secretary.
House of Representatives Amended and passed:
20-Apr-23 Senate concurred in House amendment 20-Apr-23 By:
Senator Gudger Page 7