HB 215

Under existing law, Amendment 772 to the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, authorizes the governing body of any county, and the governing body of any municipality located therein, for which a local constitutional amendment had not been adopted before ratification of Amendment 772 on December 23, 2004, to have full and continuing power to promote economic and industrial development within the county or municipality, or both

This bill would propose an amendment to Amendment 772 to clarify that existing local economic and industrial development authorities may continue to promote economic and industrial development locally pursuant to Amendment 772

This bill would also repeal those local constitutional amendments existing on December 23, 2004, that authorized the creation of local economic and industrial development authorities

To propose an amendment to Amendment 772 to the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the promotion of economic and industrial development in counties and municipalities; to clarify that local economic and industrial development authorities existing on the ratification date of Amendment 772 may continue to promote local economic and industrial development; and to repeal the local constitutional amendments that authorized the creation of local economic and industrial development authorities.

Section 1

The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT Section I. Amendment 772 to the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

(a) The governing body of any county, and the governing body of any municipality located therein, for which a local constitutional amendment has not been adopted authorizing any of the following, shall have full and continuing power to do any of the following:

(1) Use public funds to purchase, lease, or otherwise acquire real property, buildings, plants, factories, facilities, machinery, and equipment of any kind, or to utilize the properties heretofore purchased or otherwise acquired, and improve and develop the properties for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve the sites or projects.

(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any real property, buildings, plants, factories, facilities, machinery, and equipment of any kind or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.

(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of the county or the municipality.

(4)a. Become indebted and issue bonds, warrants which may be payable from funds to be realized in future years, notes, or other obligations, or evidences of indebtedness to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. The obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any municipality or may be limited as to the source of their payment.

b. The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the county or any municipality for the purpose of determining the borrowing capacity of the county or municipality under this Constitution.

(b) In carrying out the purpose of this amendment, neither the county nor any municipality located therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by the county or by any municipality located therein, including specifically any industrial development board incorporated under Article 4 of Chapter 54 of Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A of Title 11 of the Code of Alabama 1975, and the Shoals Economic Development Authority enacted under Act No. 95-512, 1995 Regular Session, are validated and the powers granted to the board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted by this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.

(c) Neither the county nor any municipality located therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto both of the following are satisfied:

(1) The action proposed to be taken by the county or municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by the governing body that the expenditure of public funds for the purpose specified will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(2)a. At least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by the action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value.

b. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.

(d) Nothing in this amendment shall authorize the county commission to own or operate a cable television system.

(d)(e) This amendment shall have prospective application only. Any local constitutional amendments previously adopted and any local law enacted pursuant to such amendment a local constitutional amendment adopted before December 23, 2004, and repealed pursuant to Section II of this amendment, shall remain in full force and effect until further amended by the Legislature." Section II. The following amendments to the Constitution of Alabama of 1901, are repealed, and any actions taken in accordance with those amendments are ratified, approved, validated, and confirmed. (1) Amendment 84 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Marion County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) Amendment 94 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Fayette County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (3) Amendment 95 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Blount County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (4) Amendment 104 to the Constitution of Alabama of 1901, now appearing as Section 10, Local Amendments, Winston County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (5) Amendment 128 to the Constitution of Alabama of 1901, now appearing as Section 1, Local Amendments, Bullock County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (6) Amendment 155 to the Constitution of Alabama of 1901, now appearing as Section 5, Local Amendments, Perry County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (7) Amendment 183 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Autauga County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (8) Amendment 186 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Franklin County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (9) Amendment 188 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Greene County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (10) Amendment 189 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Lamar County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (11) Amendment 190 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Lawrence County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (12) Amendment 191 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Madison County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (13) Amendment 197 to the Constitution of Alabama of 1901, now appearing as Section 5, Local Amendments, St. Clair County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (14) Amendment 217 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Clarke County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (15) Amendment 220 to the Constitution of Alabama of 1901, now appearing as Section 35, Local Amendments, Mobile County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (16) Amendment 221 to the Constitution of Alabama of 1901, now appearing as Section 7, Local Amendments, Sumter County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (17) Amendment 244 to the Constitution of Alabama of 1901, now appearing as Section 13, Local Amendments, Limestone County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (18) Amendment 245 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Madison County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (19) Amendment 250 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Sumter County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (20) Amendment 251 to the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Sumter County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (21) Amendment 256 to the Constitution of Alabama of 1901, now appearing as Section 8, Local Amendments, Winston County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (22) Amendment 259 to the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Conecuh County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (23) Amendment 261 to the Constitution of Alabama of 1901, now appearing as Section 36, Local Amendments, Mobile County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (24) Amendment 263 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Geneva County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (25) Amendment 277 to the Constitution of Alabama of 1901, now appearing as Section 11, Local Amendments, Walker County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (26) Amendment 302 to the Constitution of Alabama of 1901, now appearing as Section 5, Local Amendments, Pickens County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (27) Amendment 303 to the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Morgan County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (28) Amendment 308 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Marengo County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (29) Amendment 312 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Bibb County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (30) Amendment 313 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Hale County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (31) Amendment 376 to the Constitution of Alabama of 1901, now appearing as Section 15, Local Amendments, Calhoun County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (32) Amendment 415 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Calhoun County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (33) Amendment 429 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Bullock County; Section 3, Local Amendments, Coffee County; Section 2, Local Amendments, Coosa County; Section 2, Local Amendments, Dallas County; Section 5, Local Amendments, Etowah County; Section 3, Local Amendments, Geneva County; Section 3, Local Amendments, Houston County; Section 7, Local Amendments, Jefferson County; Section 4, Local Amendments, Lawrence County; Section 5, Local Amendments, Macon County; Section 5, Local Amendments, Madison County; Section 3, Local Amendments, Marengo County; Section 13, Local Amendments, Mobile County; Section 7, Local Amendments, Morgan County; Section 4, Local Amendments, Talladega County; Section 2, Local Amendments, Shelby County; Section 3, Local Amendments, Tuscaloosa County; Official Recompilation of the Constitution of Alabama of 1901, as amended. (34) Amendment 468 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Marengo County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (35) Amendment 538 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Fayette County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (36) Amendment 545 to the Constitution of Alabama of 1901, now appearing as Section 5, Local Amendments, Lawrence County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (37) Amendment 563 to the Constitution of Alabama of 1901, now appearing as Section 5, Local Amendments, Calhoun County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (38) Amendment 596 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Walker County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (39) Amendment 624 to the Constitution of Alabama of 1901, now appearing as Section 5, Local Amendments, Marengo County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (40) Amendment 642 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Lee County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (41) Amendment 646 to the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Marengo County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (42) Amendment 678 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Chambers County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (43) Amendment 679 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Chilton County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (44) Amendment 682 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Clay County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (45) Amendment 701 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Randolph County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (46) Amendment 713 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Montgomery County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (47) Amendment 719 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Butler County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (48) Amendment 723 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Coffee County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (49) Amendment 725 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Covington County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (50) Amendment 729 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Henry County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (51) Amendment 737 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Russell County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (52) Amendment 739 to the Constitution of Alabama of 1901, now appearing as Section 1, Local Amendments, Tallapoosa County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (53) Amendment 748 to the Constitution of Alabama of 1901, now appearing as Section 2, Local Amendments, Crenshaw County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (54) Amendment 750 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Baldwin County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (55) Amendment 751 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Fayette County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (56) Amendment 757 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Barbour County, Official Recompilation of the Constitution of Alabama of 1901, as amended. (57) Amendment 759 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Baldwin County, Official Recompilation of the Constitution of Alabama of 1901, as amended, and applying to Baldwin, Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Madison, Marengo, Mobile, Morgan, Talladega, Shelby, and Tuscaloosa Counties. (58) Amendment 761 to the Constitution of Alabama of 1901, now appearing as Section 4, Local Amendments, Etowah County, Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 772 to the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the promotion of economic and industrial development in counties and municipalities; to clarify that local economic and industrial development authorities existing on the ratification date of Amendment 772 may continue to promote local economic and industrial development; and to repeal the local constitutional amendments that authorized the creation of local economic and industrial development authorities.

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."