SB27INTRODUCED
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ARFCQS-1
By Senator Melson
RFD: Agriculture, Conservation, and Forestry
First Read: 07-Mar-23
PFD: 01-Mar-23
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5 ARFCQS-1 01/18/2023 FC (L) ma 2023-77
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SYNOPSIS:
Under existing law, a county may establish an
agriculture authority to construct and operate
facilities to promote agriculture businesses,
operations, commodities, workforce development, and
economic development in the county.
This bill would authorize the board of directors
of an authority to appoint former members of the board
as directors emeritus to serve as goodwill ambassadors
of the authority.
A BILL
TO BE ENACTED
AN ACT
Relating to agriculture authorities; to amend Section
11-20-71, Code of Alabama 1975, to authorize the board of
directors of an authority to appoint former members of the
board as directors emeritus to serve as goodwill ambassadors
of the board.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-20-71, Code of Alabama 1975, is
amended to read as follows:
"ยง11-20-71
(a) The board of directors of an agriculture authority
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shall be as specified in the articles and in accordance with
Section 11-20-70.
(b) Each agriculture authority shall have a chair, vice
chair, secretary, and treasurer to be elected by the board of
directors. The offices of secretary and treasurer may, but
need not, be held by the same person. A majority of the
directors shall constitute a quorum for the transaction of
business. The officers and directors shall serve for the terms
provided for in the articles. A director may not draw any
salary for any service rendered or for any duty performed as
director. The duties of the chair, vice chair, secretary, and
treasurer shall be those as are customarily performed by such
officers and as may be prescribed by the board of directors
from time to time.
(c) All directors shall serve until their successors
are duly appointed or until they cease to be qualified.
Vacancies on the board shall be filled as provided for in the
articles, but any individual appointed to fill a vacancy shall
serve only for the unexpired portion of the term. In the event
any uncertainty arises as to the terms of office of the
directors, the county commission or individual authorized to
appoint the directors may clarify the term by adoption of an
appropriate resolution or by execution of an appropriate
certificate, and the term of office shall be as so clarified.
(d) All proceedings of the board of directors of an
agriculture authority shall be reduced to writing by the
secretary of the authority and shall be signed by at least two
directors present at the proceedings. Copies of the
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proceedings, when certified by the secretary under the seal of
the agriculture authority, shall be received in all courts as
prima facie evidence of the matters and things therein
certified.
(e) Directors of an agriculture authority must be
residents and qualified electors of the county within the
authorized operational area of the authority. If any director
ceases to be a resident of the county, he or she shall cease
to be a director, and the position shall remain vacant until a
successor is appointed in accordance with the articles and
this article.
(f) A director of an agriculture authority may not have
an interest, directly or indirectly, in any contract of work,
material, or services, or the profits therefrom, to be
furnished or performed for the authority under this article if
the director has, directly or indirectly, more than a 10
percent interest in any business, firm, or corporation, or
profits thereof, furnishing or providing work, materials, or
services.
(g) The board of directors may appoint former members
of the board to serve as directors emeritus. Directors
emeritus shall not have voting rights on the board or
otherwise directly participate in meetings of the board.
Directors emeritus shall receive no compensation for their
service, but may be granted benefits and may attend events of
the authority as guests of the authority at the discretion of
the board. The directors emeritus shall serve as goodwill
ambassadors for the authority and may perform duties at the
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request of the authority. Directors emeritus shall be suject
to subsections (e) and (f). "
Section 2. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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