1 SB201 2 215794-1 3 By Senator Hatcher (N & P) 4 RFD: Local Legislation 5 First Read: 09-FEB-22 Page 0 1 215794-1:n:12/02/2021:FC/ma LSA2021-2459 2 3 4 5 6 7 8 9 A BILL 10 TO BE ENTITLED 11 AN ACT 12 13 Relating to any Class 3 municipality organized under 14 Act 618 of the 1973 Regular Session (Acts 1973, p. 879); to 15 amend Section 7 of Act 283 of the 1971 Third Special Session 16 (Acts 1971, p. 4557), authorizing the incorporation of an 17 airport authority in any municipality having a population of 18 not less than 70,000 nor more than 135,000 inhabitants 19 according to the 1970 Federal decennial census; to provide for 20 the appointment of the members of the board of directors by 21 the mayor of the authorizing municipality. 22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 23 Section 1. This act shall apply to any Class 3 24 municipality organized under Act 618 of the 1973 Regular 25 Session (Acts 1973, p. 879). Page 1 1 Section 2. Section 7 of Act 283 of the 1971 Third 2 Special Session (Acts 1971, p. 4557), is amended to read as 3 follows: 4 "Section 7. Board of Directors. 5 "(a) Each authority shall be governed by a board of 6 directors. All powers of the authority shall be exercised by 7 the board or pursuant to its authorization. The board shall 8 consist of five directors, who shall be elected by the 9 governing body of the authorizing municipality for staggered 10 terms as hereinafter provided and as specified by the 11 governing body of the authorizing municipality. The initial 12 terms of office of two such directors shall begin immediately 13 upon their respective elections and shall end at 12:01 14 o'clock, A.M. a.m., on the second anniversary date of the 15 filing for record of the certificate of incorporation of the 16 Authority. The initial terms of office of three such directors 17 shall begin immediately upon their respective elections and 18 shall end at 12:01 o'clock, A.M. a.m., on the fourth 19 anniversary date of the filing for record of the certificate 20 of incorporation of the Authority authority. Thereafter, the 21 term of office of each such director shall be four years. If 22 at any time there should be is a vacancy on the board, a 23 successor director to serve for the unexpired term applicable 24 to such the vacancy shall be elected by the governing body of 25 the authorizing municipality. Each election of a director, 26 whether for a full four year term or to complete an unexpired 27 term, shall be made not earlier than thirty days prior to the Page 2 1 date on which such the director is to take office as such. 2 Each director must be a duly qualified elector of the 3 authorizing municipality. Directors shall be eligible for 4 re-election. Each director shall be reimbursed for expenses 5 actually incurred by him or her in and about the performance 6 of his or her duties. If the certificate of incorporation so 7 provides, each director except the chairman chair of the board 8 shall be compensated in an additional amount not to exceed $10 9 ten dollars ($10) per meeting attended but not to exceed $250 10 two hundred fifty dollars ($250) per year. The chairman shall 11 chair, if said the certificate so provides, shall be 12 compensated in an additional amount not to exceed $500 five 13 hundred dollars ($500) per year. Any director of the Authority 14 authority may be impeached and removed from office in the same 15 manner and on the same grounds provided by Section 175 of the 16 Constitution of Alabama 1901, and the general laws of the 17 state for impeachment and removal of the officers mentioned in 18 said Section 175. 19 "(b) After the effective date of the act adding this 20 subsection, upon the expiration or prospective expiration of 21 the term of any member of the authority, each member of the 22 board of directors shall be appointed by the mayor of the 23 authorizing municipality subject to confirmation by the 24 governing body of the authorizing municipality. The governing 25 body of the municipality shall act upon the nomination for 26 appointment by the mayor within two weeks of submission to the 27 governing body. In the event the governing body rejects two Page 3 1 nominees, the third person appointed by the mayor shall be 2 effective without confirmation by the municipal governing 3 body." 4 Section 3. This act shall become effective 5 immediately following its passage and approval by the 6 Governor, or its otherwise becoming law. Page 4