HB274 By Representatives Drake, Moore (B), Treadaway, Sessions, Carns and Hill RFD Military and Veterans Affairs Rd 1 21-FEB-17

SYNOPSIS: This bill would create a program for the retention and expansion of Alabama's military installations and expend funds upon the submission and acceptance of a plan for public projects necessary to protect the interests of an area with respect to realignment or closure of a military installation and local matching funds.

This bill would require the Alabama Job Creation and Military Stability Commission to make any award of funds under this act and submit an annual report to the Legislature.

A BILL TO BE ENTITLED AN ACT

Relating to military installations; to create a program for the retention and expansion of Alabama's military installations; to expend program funds upon the submission and acceptance of a plan for necessary public projects; to require local matching funds; and to require the Alabama Job Creation and Military Stability Commission to make any award of program funds under this act and submit an annual report to the Legislature.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The Legislature finds that the state's military installations are vital to the economic health of the state. It is therefore in the state's interest that these installations not only be retained but, if possible, expanded.

Section 2. When used in this act and except where the context prohibits, the following words and terms shall have the following meanings:

(1) COMMISSION. The Alabama Job Creation and Military Stability Commission.

(2) FOUNDATION. The Military Stability Foundation, an Alabama nonprofit corporation incorporated on September 8, 2011.

(3) PROGRAM. The Military Stability Program established by this act.

(4) MILITARY INSTALLATION. A federal or state military fort, base, camp, post, station, yard, depot, arsenal, armory, or other installation, if located within the State of Alabama.

(5) RECIPIENT. A person, entity, association, or governmental entity which receives monies from the program.

Section 3. There is hereby established within the State Treasury the Military Stability Program. All state appropriations and any other funds collected pursuant to this act are hereby appropriated for the purposes provided in this act and shall be deposited to the credit of the program. Any funds remaining in the Military Stability Program fund at the end of a fiscal year shall remain in the program and are reappropriated until expended in accordance with the provisions of this act.

Section 4. (a) The commission shall distribute monies from the program to recipients which submit acceptable plans for the retention or expansion of military installations, as further provided in this section.

(b) In order for a recipient to be eligible to obtain monies from the program, a recipient shall submit to the commission, on forms provided by the commission, all of the following:

(1) Materials tending to show that a local area would be affected by realignment or closure of a military installation.

(2) A plan to expend monies from local sources for public projects necessary to protect the interests of the area with respect to realignment or closure of such military installation.

(3) A certificate from at least one local governmental entity stating that the entity believes the submission by a potential recipient to be true and accurate if the recipient is not itself a local governmental entity.

(c) The commission shall consider the documentation provided pursuant to subsection (b) and award funds as it deems appropriate.

(d) The commission shall monitor expenditures made pursuant to this section to ensure compliance with the provisions of this act. Misuse of funds of the program by a recipient shall be a factor in determining any future award to the recipient or any local governmental entity which issued a certificate in support of the recipient as provided in subdivision (3) of subsection (b).

(e) The commission may delegate any powers granted to it under this section to the foundation.

Section 5. (a) The commission shall provide an annual report to the Legislature no later than the 15th legislative day of the regular session following the conclusion of any year in which an appropriation was made to the program or funds of the program were disbursed or expended.

(b) No documents created, filed, or maintained pursuant to this act shall be available for public inspection.

Section 6. The commission shall promulgate rules as it deems necessary to implement this act.

Section 7. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 8. All laws or parts of laws which conflict with this act are repealed.

Section 9. 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.

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