SB 412

Under existing law, the Governor's Office of Minority Affairs was established to advise the Governor on minority issues, and the position of director of the office was created as a cabinet position to serve at the pleasure of the Governor

This bill would rename the Governor's Office of Minority Affairs as the Alabama Office of Minority Affairs, would authorize the office to draft policy recommendations, and would authorize the director to employ staff and provide for the compensation and duties of certain staff members

To amend Sections 36-13-50, 36-13-51, 36-13-53, and 40-9F-38, Code of Alabama 1975, relating to the Governor's Office of Minority Affairs; to rename the office as the Alabama Office of Minority Affairs; to authorize the office to draft policy recommendations; to authorize the director to employ certain staff members pursuant to the state Merit System; to authorize the director to employ and set the compensation of two non-Merit System staff members; and to make technical corrections to the membership of the Historic Tax Credit Evaluating Committee to reflect the name changes.

Section 1

Sections 36-13-50, 36-13-51, 36-13-53, and 40-9F-38 of the Code of Alabama 1975, are amended to read as follows:

§36-13-50.

There is established in state government the Governor's agency Alabama Office of Minority Affairs, to advise the Governor on issues affecting minorities, including women, focusing on the improvement of the overall quality of life of minorities, specifically in the areas of education, health, economics, political participation and empowerment, housing, employment, civil rights, criminal justice, and race relations and to draft policy recommendations for addressing those issues.

§36-13-51.

(a) The office shall be managed by a Director of the Governor's Alabama Office of Minority Affairs, who shall be appointed by and serve at the pleasure of the Governor. The position of director shall be a Governor's cabinet position.

(b) The director may employ and prescribe the duties of employees for the office as he or she deems necessary to carry out the duties and functions of the office. All employees of the Governor who work in the Governor's Office of Minority Affairs on the effective date of the act adding this subsection shall be transferred to the Alabama Office of Minority Affairs with no loss of compensation or benefits. After the effective date of the act adding this subsection, the compensation of those employees shall be established by the director in an amount that does not exceed the amount of compensation paid to comparable Merit System classifications. All other employees of the office shall be employed pursuant to the State Merit System.

(c) The director shall employ individuals in a manner so that the diversity of gender, race, and geographical areas represented by those employees is reflective of the makeup of this state.

§36-13-53.

The Advisory Board Committee on Minority Affairs is created to act as a resource for the director in an advisory capacity. The board committee shall be comprised of representatives from various racial and ethnic communities, female representation, state government officials, and experts in education and work force. The board committee shall be appointed by and serve at the pleasure of the Governor.

§40-9F-38.

(a) There is hereby established the Historic Tax Credit Evaluating Committee, which shall review qualifying projects, approve credits for projects, and rank projects in the order in which the projects should receive tax credit reservations based on criteria established by the commission. The commission shall establish a review cycle for the committee beginning on January 1, 2018, provided that the committee shall meet at least quarterly unless no credits remain to be allocated. The Commissioner of Revenue shall be a non-voting member of the committee and provide advisory and technical support. The committee shall consist of the following:

(1) Director of the Governor's Alabama Office of Minority Affairs.

(2) The Executive Director of the Alabama Historical Commission.

(3) The Finance Director.

(4) The Director of the Alabama Department of Economic and Community Affairs.

(5) The Secretary of Commerce.

(6) Two members of the Alabama House of Representatives, at least one of which shall be a member of the minority party, to be appointed by the Speaker of the House of Representatives.

(7) Two members of the Alabama Senate, at least one of which shall be a member of the minority party, to be appointed by the President Pro Tem of the Senate.

(b) The Alabama Historical Commission shall promulgate adopt rules that shall set forth guidelines to be utilized by the committee in determining the allocation of credits. The guidelines shall set forth factors to be considered by the committee including: relative value of the proposed project to the particular community, including the maintenance of the historic fabric of the community; possible return on investment for the community in which the proposed project is located; the geographic distribution of projects; and strength of local support for the proposed project. Included in the information to be required for the evaluation of any project shall be any additional tax credits or state, federal, or local government grants that the applicant expects to utilize for the construction of the project."

Section 2

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.