Code of Alabama

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40-18-370
Section 40-18-370 Short title; legislative findings; definitions. (a) This article shall be
known and may be cited as the Alabama Jobs Act. (b) The Legislature makes the following findings:
(1) The economic well-being of the citizens of the state will be enhanced by the increased
development and growth of employment within Alabama. (2) It is in the best interests of the
state to provide certain incentives to allow the state to foster economic development through
the recruitment of quality projects and the expansion of existing businesses within Alabama.
(3) The incentives provided for in this article do not raise any taxes for any individuals
or businesses in Alabama under state law. (4) The incentives provided in this article will
allow the state to encourage the creation of new jobs that may not otherwise exist within
the State of Alabama. (5) The incentives provided in this article will increase revenues for
the state without increasing taxes. (6) The Constitution of the State of...
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40-18-375
Section 40-18-375 Jobs credit against utility taxes; realization of benefits; regulations.
(a) If provided for in the project agreement and in accordance with the terms therein, the
incentivized company is allowed a jobs credit against utility taxes, in an annual amount equal
to 3 percent of the wages paid to eligible employees during the prior year. The incentive
period shall be 10 years. (b) The project agreement shall provide that one of the following
methods shall be used to realize the benefits of the jobs credit: (1)a. The jobs credit may
be paid to the incentivized company as a refund out of utility taxes during the incentive
period, regardless of the amount of utility taxes actually paid by the incentivized company.
b. For each year of the incentive period for the jobs credit, the incentivized company shall
submit to the Department of Commerce a certification as to the wages paid to eligible employees
during the prior year. Following such examination as it deems necessary, the...
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40-18-376.1
Section 40-18-376.1 Projects in targeted or jumpstart counties. (a) As used in this section,
the following terms shall have the following meaning: (1) JUMP START COUNTY. Any Alabama county
which meets all the following: a. That does not qualify as a targeted county. b. That has
experienced negative population growth over the last five years as determined by the Commissioner
of Labor as of each January 1 using the most current data available from the United States
Departments of Labor or Commerce, the United States Bureau of the Census, or any other federal
or state agency or department. c. Contains no more than two opportunity zones as they existed
on June 1, 2019. (2) TARGETED COUNTY. Any Alabama county that has a population of 50,000 or
less, as determined by the Commissioner of Labor as of each January 1 using the most current
data available from the United States Departments of Labor or Commerce, the United States
Bureau of the Census, or any other federal or state agency or...
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41-10-45.1
Section 41-10-45.1 Definitions. The following words and phrases shall have the following meanings
when used in this article: (a) AUTHORITY. The State Industrial Development Authority, a public
corporation of the state, organized and existing under Articles 2, 2A, and 2B of this Chapter.
(b) DEPARTMENT. The Alabama Department of Commerce. (c) ELIGIBLE BORROWER. A municipality,
county, industrial development authority organized under Chapter 92A of Title 11, industrial
development board organized under Article 4, Chapter 54 of Title 11, or nonprofit organization
organized to foster economic development and described in Section 501(c) of the Internal Revenue
Code of 1986, as in effect from time to time. (d) ELIGIBLE EXPENSES. Expenses relating to
land acquisition, site preparation or development, building improvements, building construction,
building renovations, infrastructure, and any other real or personal property deemed necessary
or useful in connection therewith. (e) ELIGIBLE...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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40-18-403
Section 40-18-403 Port credits. (a) If approved by the commission, a port credit is allowed,
in an amount equal to fifty dollars ($50) per TEU, three dollars ($3) per net ton, or four
cents ($0.04) per kilogram for air freight, multiplied by the following: (1) The port user's
cargo volume in the 12-month period for which the commission has granted approval for the
port user to claim the port credit, minus (2) The port user's base cargo volume. (b) The commission
shall decrease the amount of the port credit to ensure that the anticipated revenues for the
port facility and state will exceed the amount of the port credit sought. The port credit
may be conditioned on whatever requirements the commission shall impose. The port credits
shall only be available to the extent that a port facility user ships more than 105 percent
of its cargo volume from the 12-month period immediately preceding the port facility user's
application. Moreover, the port credit shall only be available to the extent...
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40-18-372
Section 40-18-372 Qualifying projects - Activities and standards. A qualifying project must
be found by the Secretary of Commerce to conduct an activity specified in subdivision (1)
and to meet the minimum standard set forth in subdivision (2). (1) A qualifying project must
predominantly conduct an activity that is any one or more of the following: a. Described by
NAICS Code 1133, 115111, 2121, 22111, 221330, 31 (other than 311811), 32, 33, 423, 424, 482,
4862, 48691, 48699, 48819, 4882, 4883 (other than 48833), 493, 511, 5121 (other than 51213),
51221, 517, 518 (without regard to the premise that data processing and related services be
performed in conjunction with a third party), 51913, 52232, 54133 (if predominantly in furtherance
of another activity described in this article), 54134 (if predominantly in furtherance of
another activity described in this article), 54138, 5415, 541614, 5417, 55 (if not for the
production of electricity), 561422 (other than establishments that...
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34-8-7
Section 34-8-7 Exemptions from chapter; subcontractor requirements. (a) The following shall
be exempted from this chapter: (1) The practice of general contracting, as defined in Section
34-8-1, by an authorized representative or representatives of the United States Government,
State of Alabama, incorporated town, city, or county in this state, which is under the supervision
of a licensed architect or engineer provided any work contracted out by the representative
shall comply with the provisions of this chapter for general contractor. (2) The construction
of any residence or private dwelling. (3) A person, firm, or corporation constructing a building
or other improvements on his, her, or its own property provided that any of the work contracted
out complies with the definition in this chapter for general contractor. A municipal governing
body or municipal regulatory body may not enact any ordinance or law restricting or altering
this exemption. Any municipal ordinance or regulation...
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40-9G-2
Section 40-9G-2 Incentives for qualifying projects; filings; audits; promulgation of regulations.
(a) For any qualifying project, an abatement may be allowed for ad valorem taxes and construction
related transaction taxes. (1) The abatement of construction related transaction taxes shall
be subject to and shall follow the procedures, provisions, limitations, and definitions of
Chapter 9B, except that capitalized repairs, rebuilds, maintenance and replacement equipment
shall qualify for abatements. (2) The abatement of ad valorem taxes shall be subject to and
shall follow the procedures, provisions, limitations, and definitions of Chapter 9B, except
as follows: a. The amount of the ad valorem tax abatement shall be equal to the ad valorem
taxes owed, minus the ad valorem taxes owed from the tax year immediately before the qualifying
project was placed in service; b. As to any ad valorem tax abatement, capitalized repairs,
rebuilds, maintenance and replacement equipment shall qualify for...
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40-18-376
Section 40-18-376 Investment credit; realization methods; regulations. (a) If provided for
in the project agreement, the incentivized company is allowed an investment credit in an annual
amount equal to 1.5 percent of the capital investment incurred as of the beginning of the
incentive period, to be used as follows: (1) To offset the income taxes found in this chapter,
or as an estimated tax payment of income taxes; (2) To offset the financial institution excise
tax found in Chapter 16; (3) To offset the insurance premium tax levied by Section 27-4A-3(a),
or as an estimated payment of insurance premium tax; (4) To offset utility taxes; or (5) To
offset some combination of the foregoing, so long as the same credit is used only once. The
incentive period shall begin no earlier than the placed-in-service date. The incentive period
shall be 10 years. Should only some portion of a tax year be included in the incentive period,
the amount of the investment credit shall be prorated on a daily...
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