Alabama Office of Minority Affairs; renamed to the Alabama Office of Civic Engagement

SB200 ENROLLED
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SB200
SLVGR55-2
By Senators Smitherman, Coleman, Hatcher, Figures, Stewart
RFD: State Governmental Affairs
First Read: 21-Jan-26
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First Read: 21-Jan-26
Enrolled, An Act,
Relating to the Alabama Office of Minority Affairs; to
amend Section 36-13-50, Code of Alabama 1975; to rename the
Alabama Office of Minority Affairs the Alabama Office of Civic
Engagement; to revise Sections 36-13-51, 36-13-53, 40-9F-38,
and 41-1-93, Code of Alabama 1975, to make conforming changes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 36-13-50, Code of Alabama, is
amended to read as follows:
"§36-13-50
There is established in state government the agency
that shall be known as the Alabama Office of Minority
Affairs Civic Engagement , 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."
Section 2. Sections 36-13-51, 36-13-53, 40-9F-38, and
41-1-93, Code of Alabama 1975, are amended to make conforming
changes to read as follows:
"§36-13-51
(a) The office shall be managed by a Director of the
Alabama Office of Minority Affairs Civic Engagement , who shall
be appointed by and serve at the pleasure of the Governor. The
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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 Alabama Office of Minority Affairs on July 1,
2022October 1, 2026 , shall be transferred to the Alabama
Office of Minority Affairs Civic Engagement with no loss of
compensation or benefits. After July 1, 2022 October 1, 2026 ,
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 state 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
to assure the office staff is inclusive and reflects the
racial, gender, geographic, urban, rural, and economic
diversity of the state."
"§36-13-53
The Advisory Committee on Minority Affairs Civic
Engagement is created to act as a resource for the director in
an advisory capacity. The 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 committee shall be appointed
by and serve at the pleasure of the Governor."
"§40-9F-38
(a) There is established the Historic Tax Credit
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(a) There is 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 nonvoting
member of the committee and provide advisory and technical
support. The committee shall consist of the following:
(1) The Director of the Alabama Office of Minority
Affairs Civic Engagement .
(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 whom 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
whom shall be a member of the minority party, to be appointed
by the President Pro Tempore of the Senate.
(8) The Chair of the Senate Finance Taxation Education
Committee or his or her designee.
(9) The Chair of the House Ways and Means Education
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(9) The Chair of the House Ways and Means Education
Committee or his or her designee.
(b)(1) The Alabama Historical Commission shall adopt
rules that shall set forth guidelines to be used by the
committee in determining the allocation of credits. The
guidelines shall set forth factors to be considered by the
committee including all of the following:
a. The relative value of the proposed project to the
particular community, including the maintenance of the
historic fabric of the community.
b. The possible return on investment for the community
in which the proposed project is located.
c. The geographic distribution of projects.
d. The likelihood of the project proceeding without the
historic tax credit authorized in this article.
e. The strength of local support for the proposed
project.
f. The leveraged investment ratio of the project, as
determined by the total project investment divided by the
amount of tax credits requested.
g. The number of net new jobs the project will create
in the state.
h. The amount of overall project financing for which
the applicant has firm, secured commitments prior to
submitting its application.
(2) Included in the information to be required for the
evaluation submitted in the application of any project shall
be any additional tax credits or state, federal, or local
government grants that the applicant expects to utilize for
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government grants that the applicant expects to utilize for
the construction of the project.
(3) The committee shall establish a minimum threshold
that a project must exceed before the project may be funded by
the committee.
(c) The committee may meet in person, remotely, or by
using a hybrid model where some members attend in person and
others attend remotely, pursuant to Section 36-25A-5.1."
"§41-1-93
Nothing in this article:
(1) Prevents student, staff, or faculty organizations
or associations from hosting diversity, equity, and inclusion
programs or discussions that may involve divisive concepts,
provided that no state funds are used to sponsor these
programs. If a student, staff, or faculty organization or
association hosts an event pursuant to this subdivision, it
shall identify the sponsor of the event at the event and in
any advertisements relating to the event.
(2) Prevents an employee or a contractor of a state
agency, local board of education, or public institution of
higher education who provides, as part of his or her job
duties, orientation, course work, or training from responding
to questions that are raised by participants in the
orientation, course work, or training and that pertain to
divisive concepts or diversity, equity, and inclusion.
(3)a. Prohibits a public institution of higher
education from providing any instruction or taking any action
in furtherance of satisfying any accreditation standard or
requirement.
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requirement.
b. Prohibits a public institution of higher education
from authorizing the teaching or discussion of any divisive
concept in an objective manner and without endorsement as part
of a larger course of academic instruction, provided the
institution and its employees do not compel assent to any
divisive concept and otherwise comply with this article.
c. Prohibits the required collection or reporting of
demographic data by public institutions of higher education.
(4) Prohibits the teaching of topics or historical
events in a historically accurate context.
(5) Prohibits an institution of higher education from
performing research, collecting data, engaging in recruiting
and outreach programs, offering academic support services,
engaging in clinical trials, or providing medical, mental, or
any health care or clinical services targeted to support
individuals of any specific demographic.
(6) Prevents state agencies from promoting racial,
cultural, or ethnic diversity or inclusiveness, provided these
efforts are consistent with the requirements of this article.
(7) Prohibits a public institution of higher education
from providing space or ancillary services to any student or
employee on a non-discriminatory basis, including, but not
limited to, support and guidance to ensure compliance with
applicable university policies and laws, assistance with
security needs, and registration of events.
(8) Prohibits housing, athletic programming, or social
organizations that are segregated by sex. Each public
institution of higher education shall ensure that every
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institution of higher education shall ensure that every
multiple occupancy restroom be designated for use by
individuals based on their biological sex, as defined by
Section 16-1-54.
(9) May be construed to inhibit or violate the First
Amendment rights of any student or employee, or to undermine
the duty of a public institution of higher education to
protect, to the greatest degree, academic freedom,
intellectual diversity, and free expression.
(10) Shall be deemed to affect or revise any provision
in state law requiring that membership of a state board,
commission, or authority be inclusive and reflect the racial,
gender, geographic, urban, rural, and economic diversity of
the state, nor impact any public official appointed to a state
board, commission, or authority as of October 1, 2024.
(11) May be construed to affect or limit the activities
of the Alabama Office of Minority Affairs Civic Engagement."
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB200
Senate 03-Feb-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 26-Feb-26
By: Senator Smitherman
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