HB358 By Representatives Hanes and Whorton (R) RFD Local Legislation Rd 1 01-MAR-16

A BILL TO BE ENTITLED AN ACT

Relating to Jackson County; to amend Section 45-36-162, Code of Alabama 1975, providing for the distribution of certain TVA in-lieu-of-taxes funds; to create a Jackson County Economic Development Fund; and to provide for the use of the fund.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-36-162, Code of Alabama 1975, is amended to read as follows:

§45-36-162.

"Any payments coming into the treasury of Jackson County that are derived, directly or indirectly, from payments by the Tennessee Valley Authority in lieu of payment of taxes shall be appropriated as follows:

"(1) One percent to the Jackson County Economic Development Fund paid to the fund monthly until it reaches a balance of one million dollars ($1,000,000); the payments shall continue whenever the balance in the fund drops below one million dollars ($1,000,000). The county commission may invest the funds to the benefit of local governments and entities in the county, in its discretion, and expend the same for disaster relief in the county or for any economic purpose that benefits the county, including, but not limited to, any activity or purpose which provides an incentive for the creation or retention of jobs and employment opportunities in the county; participating local governments or entities may apply for the funds for these purposes. It is the intent of this appropriation for the Jackson County Economic Development Fund to be used for recruiting industry; matching public or private grants the county may receive for industrial development; and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.

"(1)(2) The first next one hundred forty-five thousand dollars ($145,000) of each year's payments shall be paid to the Jackson County Hospital Board to provide all residents of Jackson County with adequate ambulance service.

"(3) After the above appropriations, the next thirty-five thousand dollars ($35,000) of each year's payments shall be distributed to the Scottsboro-Jackson County Rescue Squad for the maintenance and operation of the rescue squad's equipment and facilities.

"(2)(4) After the above appropriation to the Jackson County Hospital Board, the next one hundred five thousand dollars ($105,000) shall be paid to the Jackson County Economic Development Authority on an annual basis. The appropriation shall be paid before all other appropriations other than the appropriation to the hospital board.

"(3)(5) In addition to all other amounts hereinabove paid to the Jackson County Economic Development Authority, as provided above, the next seventy-five thousand dollars ($75,000), after the appropriations in subdivisions (1) and (2) shall be annually paid to the authority. All appropriations made in this subdivision to the Jackson County Economic Development Authority shall be deposited in a special industrial development fund to be used only for the purposes of this subdivision as follows: For recruiting industry; matching public or private grants the county may receive for industrial development; and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.

"(4)(6) After the above appropriation, all Jackson County volunteer fire departments in good standing with the Jackson County Association of Volunteer Fire Departments shall be authorized to receive five thousand dollars ($5,000) seven thousand five hundred dollars ($7,500) each annually to help furnish adequate fire protection in the communities that they serve. The amount paid to each volunteer fire department shall be paid at the direction of the county fire marshal and disbursed to each fire chief upon approval of the county fire marshal. In addition to the above, thirty thousand dollars ($30,000) thirty-five thousand dollars ($35,000) shall be distributed to the Jackson County Association of Volunteer Fire Departments for use by the association.

"(5) After the above appropriation, the next twenty-five thousand dollars ($25,000) of each year's payments shall be distributed to the Scottsboro–Jackson County Rescue Squad for the maintenance and operation of the rescue squad's equipment and facilities.

"(7) The next forty thousand dollars ($40,000) to the Greater Jackson County Chamber of Commerce to promote tourism, workforce development and education, and retail and commercial development that promotes economic development in the area. The funds disbursed pursuant to this subdivision shall be disbursed in two payments of twenty thousand dollars ($20,000).

"(6)(8) An annual accounting of the use of the funds appropriated in subdivisions (1), (2), (3), (4), and (5), (6), and (7) shall be furnished to the Jackson County Discretionary Committee Commission no later than September 30 of each year. In the event an annual accounting is not furnished, the committee commission may reduce or terminate funding for the next fiscal year for the entity failing to furnish the report by a majority vote of the committee commission. All resulting excess money shall then be transferred to the general fund of the county.

"(7)(9) Commencing October 1, 2013 2016, the net payments remaining in the appropriation paid to Jackson County after the appropriations in subdivisions (1), (2), (3), (4), and (5), (6), and (7) shall be appropriated as follows:

"a. Two percent of such payments, as shall be necessary, shall be used to establish, equip, and maintain a legislative office for the members of the state legislative delegation serving Jackson County, Alabama, and any unused portion shall be paid to the Jackson County Discretionary Fund to be disbursed by the Jackson County Discretionary Committee, as established hereinafter, in the same manner as all other funds from the Jackson County Discretionary Fund Commission's general fund.

"b. Two percent of such payments shall be appropriated to Jackson County EDA under this section.

"c. Thirty-three and fifty hundredths Thirty-six percent of such payments shall be appropriated to the public school systems within Jackson County on a per pupil pro rata basis.

"d. Twenty-five Twenty-nine and fifty hundredths percent of such payments shall be appropriated to the incorporated municipalities within the county on a population basis.

"e. Twenty-five and fifty hundredths percent of such payments shall be placed in the general fund of the county treasury and may be used for any lawful purpose by the county.

"f. Eleven e. Thirty and fifty hundredths percent of such payments shall be placed in a Jackson County Discretionary Fund to be disbursed by the Jackson County Discretionary Committee, as established hereinafter the general fund of the county treasury and may be used for any lawful purpose by the county.

"(8) There is created a Jackson County Discretionary Committee consisting of six members. The members of the committee shall be: The Chair of the Jackson County Commission, a member of the Jackson County Commission selected by the commission on an annual basis, the Jackson County Revenue Commissioner, the state senator representing Jackson County, and the two state House of Representatives members representing all or part of Jackson County. The state senator representing Jackson County shall be the chair of the committee. The discretionary committee shall adopt rules of procedure consistent with this section and shall make, by majority vote, all decisions concerning disbursement from the Jackson County Discretionary Fund."

Section 2. This act shall become effective following its passage and approval by the Governor, or its otherwise becoming law.

Jackson County

Tennessee Valley Authority

Taxation

Economic Development

County Commissions

Counties

Code Amended