Alabama Development Office

Authorities:

Alabama Official and Statistical Register, 1979.

Acts 1935, No. 401, p. 871.

Acts 1943, No. 183, p. 163.

Acts 1955, No. 342, p. 765.

Acts 1969, No. 657, p. 1187.

Acts 1973, No. 1274, pp. 2164-2177.

Acts 1976, No. 534, pp. 685-696.

Code of Alabama, 1975.

Alabama Government Manual, 1982.

In 1935, the State Planning Commission was created. The Commission consisted of the Governor, the State Superintendent of Education, a member of the State Agricultural Extension Service staff, the State Forester, the State Geologist, and four appointive members, all bona fide residents and qualified voters of the State, and who were appointed by the Governor and confirmed by the Senate. The members of the original Commission served as such without compensation, but each was paid the actual expenses incurred in the performance of duties as a member of the Commission, when approved by the chairman. Vacancies in the appointive membership of the Commission were filled by appointment of the Governor for the unexpired term. (Acts 1935, No. 401, Sec. 1)

The Commission's programs, duties, and functions were administered and overseen by the Director of the State Planning Commission. His term of office and his salary were fixed by the Commission. Furthermore, upon the nomination of the Director, the Commission was authorized to appoint/employ all personnel deemed necessary to the expedition of its legislatively allocated duties and to contract with planners and other consultants for such services as it may require. (Acts 1935, No. 401, Sec. 2)

The State Planning Commission was authorized to make and adopt an official master plan for the physical development of the State, heretofore referred to as the State Plan. The State Plan was composed with the general purpose of guiding and accomplishing a coordinated, adjusted, efficient, and economic development of the State. Furthermore, the Commission was empowered to promote public interest in and understanding of the State Plan and the problems of the State planning and to that end may have published and distributed copies of the plan or any report and may have employed such other means of publicity and information as it deemed pertinent to the expedition of its (Commission) duties and functions. The Commission, additionally, was empowered, upon request or at its own initiative, to furnish advice or reports to any State officer or department on any problem falling within the field of state planning, and may have advised the Governor and/or the Legislature on programs for public improvement and the financing thereof. Basically and concretely, the State Planning Commission, as its primary purpose/goal, sought to aid in the facilitation of the overall process of development, expansion, and progression (by the State of Ala.) (Acts 1935, No. 401, Sec. 3-6)

In 1943, following the legislative eradication of the previously authorized State Planning Commission, the State Planning Board was established. The Board consisted of the Governor, as chairman, and six other members who were appointed by the Governor of the State of Ala. Members were appointed to the said Board for their utililty to the facilitation of the Board's functions and the accomplishment of its goals. The members of the Board served at the pleasure and disposal of the Governor; therefore, they could be removed (by him) by notifying said member(s) in writing of such removal(s). Vacancies in the membership of the Board were filled by appointment of the Governor for the unexpired term. (Acts 1943, No. 183, Sec. 1)

The functions, duties, and programs of the said Board were placed under the control and administration of the Director of the State Planning Board. He was authorized to enforce all orders, rules, and regulations of the board promulgated with respect thereto, subject, however, to the jurisdiction and direction of the Board. The expenditures of the Board, exclusive of gifts, were kept within the amounts appropriated for that purpose by the Legislature. Furthermore, all appropriations theretofore or thereafter made for the salaries and other expenses of the Board were to have been expended only upon the approval of the Governor. (Acts 1943, No. 183, Sec. 2-3)

The Board was authorized and empowered to make and adopt an official master plan for the physical development of the State. The master plan was to have been made with the general purpose of guiding and accomplishing a coordinated, adjusted, efficient, and economic development of the State which was to best promote the health, safety, morals, order, convenience, prosperity, and welfare of the people of the State of Ala. Additionally, the Board was empowered to promote public interest in and understanding of the State plan and the problems of State planning and to that end may have published and distributed copies of the plan or any report thereon, to confer and cooperate with the executive, legislative, or planning authorities of neighboring states for the purpose of bringing about a coordination between the development of such states, to advise and cooperate with municipal, county, regional, and other local planning boards within the State for the purpose of promoting coordination between the State and local plans and development, and to collect, compile and distribute literature as to the facilities, advantages, and attractions of the State. Basically and concretely, the Commission was empowered to conduct and actively participate in any realm of activities which served to promote the further development, expansion, and progression of the State, expressed or implied. (Acts 1943, No. 183, Sec. 3-5)

In 1955, the State Planning Board was abolished. In lieu of the aforementioned now defunct Planning Board, the State Planning and Industrial Development Board was created and authorized to assume all of the aforementioned State Planning Board's previously authorized and allocated duties/functions. (Acts 1955, No. 342, Sec. 1)

The newly authorized State Planning and Industrial Development Board consisted of one member appointed by the Governor (from each Congressional district), the Commissioner of Agriculture and Industries, the Commissioner of Revenue, the State Highway Director, and the Director of State Docks, as members by virtue of their offices. The Governor served as chairman of the Board. Additionally legal concessions were made for the qualifications and salaries of additional appointive members to the Board. (Acts 1955, No. 342, Sec. 1)

The Governor, according to the "originating act" was to appoint a Vice-Chairman of the Board and a Director. The Director was empowered to administer all of the Board's programs, functions, and duties. Furthermore, the Director was legally empowered to employ/appoint all other personnel deemed necessary and expedient to the expedition, administration, and perpetuation of the Board's programs, as well as to establish any such divisions or units as may have been necessary or convenient to the efficient and expeditious performance of the functions and duties of the Board. (Acts 1955, No. 342, Sec. 2)

Under the aegis of the originating act, the State Planning and Industrial Development Board was legally empowered to assume immediate possession of all of the now defunct State Planning Board's functions, duties, powers, funds and holdings. Additionally, the newly created Board was legally authorized to perpetuate the expedition of a master plan for State development. Additionally, the Board was authorized to investigate and ascertain the industrial possibililties of the State and to seek the development of the same, to collect statistics in regard to industrial development in the state, to make investigations as to any matter relative to industrial development and possibilities, to cooperate in the fostering and development of the industrial interests of the State, to cooperate especially in the promotion, establishment and location of industries in the smaller municipalities and rural communities of the State which use as a raw material farm products of any character, and to cooperate with the State Chamber of Commerce, local chambers of commerce, and all local industrial boards to promote the purposes of the "originating act."

Concretely, the Board was legally empowered to execute all duties, actions, functions deemed pertinent to the promotion, development, and expedition of any such programs of industrial development in the State of Ala. To that end, the then-active State Bureau of Publicity and Information worked in conjunction with the Board to more adequately facilitate the expedition of the Dept.'s programs. (Acts 1955, No. 342, Sec. 2-3)

In 1969, the State Planning and Industrial Development Board and the Alabama Program Development Office merged to form the Alabama Development Office. (Ala. Official and Statistical Register, 1979; Acts 1969, No. 657, p. 1187)

The Alabama Development Office is the principal staff agency of the Executive Branch to plan for economic growth of the state through a program of industrial development.

The Alabama Development Office was created to encourage state, regional, and local planning and industrial development of human, economic, and physical resources of Ala. The Development Office was created within the office of the Governor and directly under his supervision and control. The newly created agency heretofore referred to as the ADO, consisted of the Governor as the state planning and development officer, and a chief administrative officer designated as the Director of Development, who was appointed by the Governor and served at his pleasure. All other employees necessary for the expedition of the ADO's functions were employed subject to the provisions of the Merit System Law. The Governor was legally empowered, through the Alabama Development Office to encourage comprehensive and coordinated planning and programming of the affairs of state government, as well as, to direct any state department or other agency of state government directly under his control and supervision to furnish the ADO with such personnel, equipment, and services as were deemed necessary to the expedition of the ADO's duties/functions. (Acts 1969, No. 657, Sec. 1-2; Ala. Official and Statistical Register, 1979)

In conjunction with the "originating act", the previously authorized State Industrial Development Board was legally eradicated, all of its previously allocated duties/functions transferred to the newly created Alabama Development Office. Additionally, all of the now defunct State Planning and Industrial Development Board's records, supplies, books, funds and personnel were transferred to the newly authorized agency.

Furthermore, the ADO was legally empowered to formulate a long-range state comprehensive plan (to be submitted by the Governor to the legislature for its consideration); to formulate, for approval by the Governor and the legislature, long-range plans and policies for the orderly and coordinated growth of the state; to prepare special reports and make available the results of the agency's research, studies, and other activities through publications, memoranda, briefings, and expert testimony; to analyze the quality and quantity of services required for the continued orderly and long-range growth of the state; to encourage the coordination of the planning and programming activities of all state departments, agencies, and institutions, local levels of government, and other private and public bodies within the state; to advise and consult with regional, county, and local planning and development agencies; and to execute all other such activities deemed necessary, pertinent, and expedient to the administration, expedition, and perpetuation of the agency's legally authorized and allocated duties/functions. (Acts 1969, No. 657, Sec. 3-5)

The "originating act" of 1969 set forth, also, that all of the powers, functions, and duties of the previously authorized Alabama Program Development Office were thereby transferred to the ADO. (Ala. Official and Statistical Register, 1979)

In 1973 the Office was authorized to administer activities and funds of the newly established Coastal Area Board. This legislation occurred in response to the 1972 federal Coastal Zone Management Act, which established a grant-in-aid program for coastal states to be administered by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, Dept. of Commerce.

The Board was created for the purpose of promoting, improving, and safeguarding the lands and waters located in coastal areas through a comprehensive and cooperative program designed to preserve, enhance, and develop such valuable resources.

It was composed of eight members: the director of the Ala. Development Office, the director of the Dept. of Conservation and Natural Resources, the director of the Ala. State Docks, one member each from the Mobile City Commission, the Mobile County Commission, and the Baldwin County Commission, the state geologist, and the director of the Marine Environmental Sciences Consortium. The governor would appoint a chairman, who could appoint an acting chairman. The Board would meet quarterly and at the call of the chairman, and all meetings would be open to the public. In addition, all proceedings would be kept and make available to the public. The Board also would have an official seal.

The Board would employ the services of the Ala. Development Office to provide and administer staff activities and technical functions of the act. The Office was authorized to solicit, accept, and expend funds from the state, federal government, or any other source.

The Board had the authority to coordinate activities and plans of existing interests, other state governments, local governments, regional planning agencies, interstate compacts and commissions, and federal agencies; to promulgate and enforce rules and regulations; and to acquire fee simple and less than fee simple interests in land, water, and other property.

The following state agencies would act in an advisory capacity: the Public Health Dept., Water Improvement Commission, Highway Dept., Dept. of Agriculture and Industries, Public Service Commission, Oil and Gas Board, and the Air Pollution Commission.

The Board would provide for the development of a comprehensive coastal area program in recognition of national policy, in cooperation with local, state, regional, and federal interests, and in compliance with federal regulations. The program would include:

1) identification of the boundaries of the coastal area,

2) identification of the state's coastal resources,

3) evaluation of these resources in terms of quality, quantity, and capability both now and in the future,

4) determination of present and potential uses and conflicts in the uses of each resource,

5) an inventory and designation of areas of particular concern,

6) a definition of what constitutes permissible land and water uses which have a significant impact on the coastal waters,

7) broad guidelines on priority of uses,

8) provision for adequate consideration of local, regional, state, and national interests involved in the siting of facilities for energy-related, adequate transportation, and other public services necessary to meet requirements which are other than local in nature,

9) provision for consideration of whether a proposed applicant for a federal license or permit complies with the state's program and the subsequent issuance of a notice, and

10) adequate provision for public notice, hearings, and judicial review.

Following development of the program, any person proposing to conduct a regulated activity upon any coastal area would file an application for permit accompanied by a fee. Persons filing an application to dredge an existing channel or a new channel for navigational purposes would comply with different or additional requirements.

The Board would mail copies of the application to the chief administrative officer of the municipality(ies) of the proposed activity, the county chief administrative officer, the chief biologist of the Dept. of Conservation, the county attorney and district attorney in which any part of the proposed activity is located or the county(ies) or district affected, and the director of the South Ala. Regional Planning and Development Commission.

The Board would publish notice of a date on or before written objections should be filed at least sixty days from the receipt of an application. If written objections are filed or the applicant requests one, a hearing must be held. The procedure for filing notices for objections and hearings, the parties to be notified of a hearing, and the procedure for appeals are delineated in the text of the act.

Finally, the State of Ala., at the request of the Board, or a district or county attorney having jurisdiction, could initiate actions against person(s) believed in violation of the act. A person who violated provisions in the act would be liable to the State for the restoration of affected areas to their prior condition as far as possible and for damages to such areas. The appropriate circuit court could also order punitive damages of not more than $500 a day and $500 a day for each day that the violation exists after the date set by the court for restoration. Threatened or actual violations could be restrained by the appropriate circuit court.

Legislation in 1976 reconstituted the Coastal Area Board as an independent entity.

The Alabama Development Office consists of the following divisions:

Alabama. Development Office. Film Commission.

Authority: ADO Organizational Diagram, 1986.

Alabama. Development Office. Office of Minority Business Enterprises.

Alabama. Development Office. Data Processing Division.

Alabama. Development Office. Office of Small Business Advocacy.

Alabama. Development Office. Industrial Development Division.

Alabama. Development Office. Industrial Finance Division.

Alabama. Development Office. Research Division.

Alabama. Development Office. Site Engineering Division.

Alabama. Development Office. Accounting Division.

Alabama. Development Office. Community Development Division.

Alabama. Development Office. Public Relations Division.

Alabama. Development Office. International Trade and Development Division.

From the description of Agency history record. (Unknown). WorldCat record id: 145408247