HB336ENGROSSED
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HB336
GGBL662-2
By Representative Brown
RFD: Boards, Agencies and Commissions
First Read: 19-Mar-24
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First Read: 19-Mar-24
A BILL
TO BE ENTITLED
AN ACT
Relating to county and municipal authorities; to amend
Section 11-88-6, Code of Alabama 1975, to further provide for
water, sewer, and fire protection authorities by permitting an
individual holding a state, county, or municipal office to be
eligible for uncompensated membership on an authority board of
directors; and to delete duplicative language and make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-88-6, Code of Alabama 1975, is
amended to read as follows:
"ยง11-88-6
(a) Each authority shall be governed by a board of
directors. All powers of the authority shall be exercised by
the board or pursuant to its authorization.
(b)(1) The board shall consist initially of three
directors, elected, as soon as may be practicable after the
organization of the authority, by the governing body of the
determining county for staggered terms as follows:
a. The first term of one director shall begin
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a. The first term of one director shall begin
immediately upon the director's election and shall end at noon
on March 1 of the next succeeding odd-numbered calendar year
following the election ;.
b. theThe first term of another director shall begin
immediately upon his or her election and shall end at noon on
March 1 of the second succeeding odd-numbered calendar year
following the election ; and.
c.theThe first term of the remaining director shall
begin immediately upon his or her election and shall end at
noon on March 1 of the third succeeding odd-numbered calendar
year following the election.
(2) Thereafter,After the first term, the term of office
of each director shall be six years.
(c) If any amendment to the certificate of
incorporation of the authority, effected pursuant to the
provisions of Section 11-88-5, shall increaseincreases the
membership of the board, the board shall thereafter consist of
suchthe number of directors, elected by suchthe governing
bodies, as may be specified in the amendment. The terms of
office of any new directors added by any suchthe amendment
shall be so arranged that, taking into consideration the terms
of office of the original three directors, the terms of office
of approximately one-third of all directors ,(or as nearly
one-third thereof as may be practicable ), will end at noon on
March 1 in each odd-numbered year following the effective date
of the amendment. The term of office of each new director,
added by amendment as aforesaid, shall following the initial
term of suchthe new director, shall be for a period of six
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term of suchthe new director, shall be for a period of six
years. If at any time there should beis a vacancy on the
board, a successor director to serve for the unexpired term
applicable to such of the vacancy shall be elected by that
governing body whichthat elected the director whose unexpired
term he or she is to fill. Each election of a director,
whether for a full six-year term or to complete an unexpired
term, shall be made not earlier than 30 days prior to the date
on which suchthe director is to take office as such. No
officer of the state or of any county or municipality shall,
during his or her tenure as such officer, be eligible to serve
as a director.
(d)(1) Each director elected by a county governing body
shall be a duly qualified elector of that county and shall be
a resident of and the owner of real property in that part of
the service area of the authority which lies within that
county. An officer of the state or of any county or
municipality, during his or her tenure in the office, may
serve as a director subject to subdivision (2). Directors
shall be eligible for reelection.
(2) Each director shall be reimbursed for expenses
actually incurred by the director in and about the performance
of the director's duties. If the certificate of incorporation
so provides, each director , except the chairman of the board ,
shall be compensated in an additional amount not to exceed
four hundred dollars ($400) per meeting attended but not to
exceed four thousand eight hundred dollars ($4,800) per year.
The chairman shall, if the certificate so provides, be
compensated in an additional amount not to exceed six hundred
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compensated in an additional amount not to exceed six hundred
dollars ($600) per meeting attended but not to exceed seven
thousand two hundred dollars ($7,200) per year. A director who
is also serving his or her tenure as an officer of the state
or of any county or municipality may not be compensated for
serving as a director. No individual may serve as a director
if he or she is an officer or employee of any entity with the
authority to elect or appoint a director.
(e) Any director of the authority may be impeached and
removed from office in the same manner and on the same grounds
provided by Section 175 of the Constitution of Alabama of 2022
and the general laws of the state for impeachment and removal
of the officers mentioned in Section 175.
(f) If the service area, or the greater part thereof,
in which an authority is authorized by its certificate of
incorporation or any amendment thereto to render water
service, fire protection service, sewer service, or any one or
more thereofof the same, includes a resort area pursuant to
Article 2 of this chapter and the service area is incorporated
or annexed into a municipality subsequent to the creation of
an authority, and if the municipality has assumed and taken
over the fire protection responsibility and the sewer service
originally placed upon the authority, the board of directors
of the authority shall be increased in membership by a
sufficient number of new members to increase membership on the
board of directors to a maximum of seven members. Each of the
new members to the board of directors shall be appointed by
the governing body of the municipality by ordinance duly
adopted. The first term of each new member so appointed shall
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adopted. The first term of each new member so appointed shall
be staggered for terms of one, two, three, and four years, as
needed. Thereafter, the term of the new members added pursuant
to this subsection shall be six years. The governing body of
the determining county shall continue to make appointments and
fill vacancies as heretofore authorized in this section . After
May 18, 1993, the governing body of the municipality shall
make appointments and fill vacancies as provided in this
subsection. All members of the board of directors of the
authority shall have all the authority, privileges,
immunities, and qualifications as provided in this article.
(g) Nothing in this section as amended by Act 2010-580
shall apply to the City of Prichard Water and Sewer Board."
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................19-Mar-24
Read for the second time and placed
on the calendar:
1 amendment
................04-Apr-24
Read for the third time and passed
as amended
Yeas 101
Nays 1
Abstains 0
................11-Apr-24
John Treadwell
Clerk
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