2022 Code of Alabama
Title 41 - State Government.
Chapter 23 - Department of Economic and Community Affairs.
Article 16 - Connect Alabama Act of 2021.
Section 41-23-273 - Alabama Digital Expansion Division - Creation; Division Chief; Committees.

Section 41-23-273

Alabama Digital Expansion Division - Creation; division chief; committees.

THIS SECTION WAS AMENDED BY ACT 2022-125 IN THE 2022 REGULAR SESSION, EFFECTIVE MARCH 10, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The Alabama Digital Expansion Division is created as a division of ADECA. The division shall be run by a division chief, who shall be appointed by the Director of ADECA, with the approval of the Governor, from a list of three nominees submitted by the authority. The division chief shall report to, and be under the direct supervision of, the Director of ADECA. The division chief shall carry out the functions and duties of the division. The division chief shall be knowledgeable in matters relating to broadband and shall have no financial interest in any broadband or related business or enterprise which would conflict or be inconsistent with his or her duties as division chief. The division chief shall be employed in the exempt service.

(b) The division chief shall have the power and authority necessary to carry out the functions and duties of the division. All functions and duties of the division shall be exercised by the division chief or through such employees or other individuals the division chief may designate. In the performance and exercise of such powers, authorities, functions, and duties, the division chief and other employees of the division shall be subject to all legal requirements, restrictions, limitations, conditions, and penalties, whether civil or criminal. These powers, authorities, functions, and duties include, but are not limited to, the following:

(1) Exercise duties as the chief executive of the division and exercise, consistent with this article and other applicable laws, all the powers, authority, and duties vested by this article and any other applicable ADECA policies and regulations or laws providing for the operation of the division.

(2) Employ, with the approval of the Director of ADECA, all individuals necessary for the efficient operation of the division, including professional, technical, clerical, and other staff, including attorneys, special counsel, and consultants as are necessary to accomplish the objectives of this article.

(3) Enter into nondisclosure agreements to protect proprietary information. All provider-specific information provided under a nondisclosure agreement shall be presumed confidential and proprietary and shall not be considered a public record. Provider-specific information shall not be released to any person other than to the submitting broadband services provider and to appropriate ADECA staff, agents, or contractors without the express written consent of the submitting broadband services provider. Provider-specific information shall only be used for broadband mapping, policy development, grant eligibility purposes, and furthering the broadband goals of the state.

(c) Upon approval by the Director of ADECA, the division chief may establish technical and other advisory committees to advise the division with respect to specific objectives.

(Act 2021-465, §4; Act 2022-125, §1.)