HB73

ENROLLED, An Act,

Relating to Randolph County; providing for the establishment of the Randolph County Industrial Development Council; providing for the membership, powers, and duties of the council; providing for the employees of the council; and providing for funding of the council.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Pursuant to Amendment 701 of the Constitution of Alabama of 1901, there is created and established the Randolph County Industrial Development Council on the first day of the first month next following the effective date of this act. The members of the council shall be appointed as follows:

(1) The county commissioners for commission districts 1, 2, and 3 shall each appoint one member who shall serve an initial term of one year.

(2) The county commissioners for commission districts 4 and 5 shall each appoint one member who shall serve an initial term of two years.

(3) Each incorporated municipality in the county shall appoint one member for an initial term of three years.

(4) A consensus of the state legislative delegation representing the county shall appoint two members for initial terms of four years.

(5) Each member of the council shall be a resident and qualified elector of the county.

(6) Successor members of the council shall be appointed by the same appointing authority for terms of four years.

(b) The council shall hold an organizational meeting called by the judge of probate no later than 10 days after the effective date of this act at which the council shall elect a chair and vice-chair by majority vote of the members present and voting at the meeting.

(c) The council shall meet at least quarterly on call of the chair or upon a petition signed by at least two thirds of the members of the council and filed with the chair of the council stating a need for a special meeting.

(d) Members of the council shall serve without compensation, but they shall be entitled to reimbursement from funds of the council for their actual and necessary expenses incurred in the performance of their actual duties.

(e) No member of the council shall serve in a paid capacity with the council in any manner, be employed by the council, have a contract with the council, or serve in a consulting capacity to the council.

(f) Members of the council shall be immune from any personal liability related to service on the council.

Section 2. (a) The council may select a formal name for the council. The council shall have the authority to negotiate for the county on all industrial and economic development matters. The council shall formulate and implement plans to promote and foster the industrial development and economic growth of all areas of Randolph County and any incorporated municipalities located within the county. The council shall be entitled to all of the powers, rights, privileges, exemptions, immunities, and authority provided by the general laws of Alabama to local industrial development authorities, including, but not limited to, abatement of taxes, issuance of bonds, acquisition, enlargement, improvement, replacement, ownership, leasing, selling, or disposing of properties to the end that the council may be able to promote the creation of jobs and develop commerce and trade within the county and the state.

(b) The headquarters office of the council shall be located in Randolph County and may be used for a legislative office which may utilize the staff of the council for legislative work. At the first board meeting in January of each year, the board of directors, by a majority vote, shall elect a chair, vice-chair, secretary, and treasurer who shall hold office until their successors have likewise been elected. The council may adopt bylaws to regulate and administer the day-today business of the council. In the event of a vacancy in the chair, the vice-chair shall serve as chair until election of a successor as chair.

(c) Personnel employed by the council may participate in the Employees' Retirement System of Alabama like other employees of the county and may purchase prior service credit in the Employees' Retirement System for full-time service rendered to Randolph County under the applicable laws and rules of the Employees' Retirement System. The personnel may also elect to participate in the same health insurance plan which covers employees of Randolph County.

Section 3. (a) The council, as herein provided, may be financially supported, from time to time, by revenues from whatever source derived as appropriated to the council by a city governing body, the county commission, or the Legislature.

(b) After the effective date of this act, all funds previously distributed to the Randolph County Industrial Development Council established pursuant to Act 2001-425 (Acts 2001, p. 541), including, but not limited to, that portion of additional tobacco tax distributed to the council pursuant to Act 2003-213 (Acts 2003, p. 541), shall be used to pay any indebtedness of the old council, and shall be distributed to the council as established by this act to be used for the purposes of this act.

Section 4. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.

Randolph County

Counties

Economic Development

Business and Commerce