Alabama 2023 Regular Session

Alabama Senate Bill SB258 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB258ENROLLED~~
	1	+	SB258INTRODUCED
2	2		Page 0
3		-	S2OH58-2
	3	+	S2OH58-1
4	4		By Senator Jones
5	5		RFD: County and Municipal Government
6	6		First Read: 27-Apr-23
7	7		2023 Regular Session
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12		-	5 SB258 EnrolledSB258 Enrolled
	12	+	5
	13	+	6 S2OH58-1 04/17/2023 FC (L) ma/lg 2023-908
13	14		Page 1
14		-	Enrolled, An Act,
15	15		SYNOPSIS:
	16	+	Under existing law, a nonprofit corporation that
	17	+	is not incorporated pursuant to Title 11, Code of
	18	+	Alabama 1975, that provides water service to the public
	19	+	may be audited one time by the Department of Examiners
	20	+	of Public Accounts.
	21	+	This bill would specify that the law applies to
	22	+	a nonprofit corporation that provides water service to
	23	+	its members or the public.
	24	+	This bill would also authorize the Department of
	25	+	Examiners of Public Accounts to conduct a one-time
	26	+	audit of a public corporation organized under Article 9
	27	+	of Chapter 50 of Title 11, Code of Alabama 1975,
	28	+	providing water service if the department suspects
	29	+	fraud or mismanagement of funds.
16	30		A BILL
17	31		TO BE ENACTED
18	32		AN ACT
19	33		Relating to water utilities; to amend Act 2022-378 of
20	34		the 2022 Regular Session, now appearing as Section 41-5A-12.2
21	35		of the Code of Alabama 1975, relating to certain nonprofit
22	36		corporations providing water service and providing a one-time
23	37		audit by the Department of Examiners of Public Accounts, to
24		-	specify that the law applies to nonprofit corporations
25		-	providing water service to its members or the public; and to
26		-	authorize the department to conduct an additional one-time
27		-	audit of a nonprofit corporation if the department suspects
28		-	fraud or mismanagement of funds.
29		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
30		-	Section 1. Act 2022-378 of the 2022 Regular Session,
31		-	now appearing as Section 41-5A-12.2 of the Code of Alabama
32		-	1975, is amended to read as follows:
33		-	"§41-5A-12.2
34		-	(a) After April 14, 2022, the effective date of the
35		-	act adding this amendatory language, beginning after the close
36		-	of the then current fiscal year, any nonprofit corporation
37		-	organized under the laws of this state as a nonprofit
38		-	corporation that is not incorporated pursuant to Title 11,
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66		-	28 SB258 ~~EnrolledSB258 Enrolled~~
	65	+	28 SB258 INTRODUCEDSB258 INTRODUCED
67	66		Page 2
	67	+	specify that the law applies to nonprofit corporations
	68	+	providing water service to its members or the public; and to
	69	+	authorize the department to conduct a one-time audit of a
	70	+	public corporation organized under Article 9 of Chapter 50 of
	71	+	Title 11, Code of Alabama 1975, providing water service if the
	72	+	department suspects fraud or mismanagement of funds.
	73	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	74	+	Section 1. Act 2022-378 of the 2022 Regular Session,
	75	+	now appearing as Section 41-5A-12.2 of the Code of Alabama
	76	+	1975, is amended to read as follows:
	77	+	"§41-5A-12.2
	78	+	(a) After April 14, 2022, the effective date of the
	79	+	act adding this amendatory language, beginning after the close
	80	+	of the then current fiscal year, any nonprofit corporation
	81	+	organized under the laws of this state as a nonprofit
	82	+	corporation that is not incorporated pursuant to Title 11,
68	83		which provides water service to its members or the public, may
69	84		be audited or examined one time by the Department of Examiners
70	85		of Public Accounts in the same manner as provided in Chapter
71	86		5A of Title 41. The department may charge a reasonable fee for
72	87		the audits.
73	88		(b) After the effective date of the act adding this
74	89		amendatory language, beginning after the close of the then
75		-	current fiscal year, any nonprofit corporation that is not
76		-	incorporated pursuant to Title 11, which provides water
77		-	service to its members or the public, may be audited or
78		-	examined one time in addition to the audit provided in
79		-	subsection (a) by the Department of Examiners of Public
80		-	Accounts in the same manner as provided in Chapter 5A of Title
81		-	41, if the department suspects fraud or mismanagement of funds
82		-	by the nonprofit corporation. The department may charge a
83		-	reasonable fee for the audits or examinations.
84		-	(b)(c) This section does not apply to or affect any
85		-	public water supply system, waterworks plant, or water
86		-	distribution system owned or operated by a municipality or
87		-	county, or by a public corporation, board, or other entity
88		-	organized, created, or incorporated pursuant to Title 11."
89		-	Section 2. This act shall become effective immediately
90		-	following its passage and approval by the Governor, or its
91		-	otherwise becoming law.
	90	+	current fiscal year, any public corporation organized,
	91	+	created, or incorporated under Article 9, Chapter 50 of Title
	92	+	11, which provides water service to its members or the public,
	93	+	may be audited or examined one time by the Department of
	94	+	Examiners of Public Accounts in the same manner as provided in
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116		-	Page 3
117		-	________________________________________________
118		-	President and Presiding Officer of the Senate
119		-	________________________________________________
120		-	Speaker of the House of Representatives
121		-	SB258
122		-	Senate 11-May-23
123		-	I hereby certify that the within Act originated in and passed
124		-	the Senate.
125		-	Patrick Harris,
126		-	Secretary.
127		-	House of Representatives
128		-	Amended and passed: 31-May-23
129		-	Senate concurred in House amendment 31-May-23
130		-	By: Senator Jones
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	122	+	56 SB258 INTRODUCEDSB258 INTRODUCED
	123	+	Page 3
	124	+	Chapter 5A of Title 41, if the department suspects fraud or
	125	+	mismanagement of funds by the public corporation. The
	126	+	department may charge a reasonable fee for the audits or
	127	+	examinations.
	128	+	(b)(c) This section does not apply to or affect any
	129	+	public water supply system, waterworks plant, or water
	130	+	distribution system owned or operated by a municipality or
	131	+	county, or by a public corporation, board, or other entity
	132	+	organized, created, or incorporated pursuant to Title 11 ,
	133	+	except as provided in subsection (b) ."
	134	+	Section 2. This act shall become effective immediately
	135	+	following its passage and approval by the Governor, or its
	136	+	otherwise becoming law.
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