AL
Alabama House Bill HB436

Alabama 2024 Regular Session

Alabama House Bill HB436 Compare Versions

Only one version of the bill is available at this time.
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11 HB436INTRODUCED
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33 HB436
44 HCP4333-1
55 By Representatives Harrison, Pettus(Constitutional Amendment)
66 RFD: Local Legislation
77 First Read: 09-Apr-24
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1313 6 HCP4333-1 04/09/2024 FC (L)ma 2024-277
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1515 First Read: 09-Apr-24
1616 SYNOPSIS:
1717 This bill would propose an amendment to the
1818 Constitution of Alabama of 2022, to provide for the
1919 creation of the Lauderdale County Electric Board to
2020 operate the distribution system for electricity in
2121 Lauderdale County. The amendment would provide for the
2222 members of the board to be appointed by the City
2323 Council of the City of Florence and by the Lauderdale
2424 County Commission.
2525 A BILL
2626 TO BE ENTITLED
2727 AN ACT
2828 To propose an amendment to the Constitution of Alabama
2929 of 2022, relating to Lauderdale County, to create the
3030 Lauderdale County Electric Board; to provide for the members
3131 of the board; to transfer all duties, assets, and employees of
3232 the City of Florence Electricity Department to the board; and
3333 to provide for the operation of the distribution system for
3434 electricity in Lauderdale County.
3535 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3636 Section 1. The following amendment to the Constitution
3737 of Alabama of 2022, is proposed:
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6767 of Alabama of 2022, is proposed:
6868 PROPOSED AMENDMENT
6969 (a) The Lauderdale County Electric Board is created to
7070 commence operation on July 1, 2025, to operate the
7171 distribution system for electricity in Lauderdale County, as
7272 formerly operated solely by the City of Florence Electricity
7373 Department.
7474 (b) The Lauderdale County Electric Board shall be
7575 composed of five members. Two members of the board shall be
7676 appointed by the City Council of the City of Florence and two
7777 members of the board shall be appointed by the Lauderdale
7878 County Commission. The fifth member of the board shall be
7979 appointed for terms on a rotating basis by the Lauderdale
8080 County Commission and the City Council of the City of Florence
8181 with the person appointed to the first term to this position
8282 on the board appointed by the Lauderdale County Commission.
8383 (c) In order to stagger the terms of the board, two
8484 members of the board, one appointed by the City Florence and
8585 one appointed by the Lauderdale County Commission, shall serve
8686 an initial term of two years. Thereafter, these members shall
8787 serve a term of four years. The remaining initial members
8888 shall be appointed for a term of four years. Thereafter, all
8989 members shall serve a four-year term. The term of all members
9090 shall commence on March 1, 2025. All board members shall serve
9191 at the pleasure of the appointing governing body.
9292 (d) Vacancies on the board shall be appointed by the
9393 same appointing authority that appointed the member serving in
9494 the vacant seat. A new member appointed to fill a vacancy
9595 during the term of membership shall serve the remainder of the
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125125 during the term of membership shall serve the remainder of the
126126 term of the vacant seat.
127127 (e) Each member of the board shall be a qualified
128128 elector of Lauderdale County. No person shall serve on the
129129 board who is a member of the Lauderdale County Commission or a
130130 member of the municipal governing body of any municipality in
131131 the county or an employee or former employee of the City of
132132 Florence Electricity Department or the board.
133133 (f) The board shall adopt bylaws to provide for the
134134 selection of officers of the board, the meeting days of the
135135 board, and to otherwise provide for the operation of the
136136 board. A majority of the members shall constitute a quorum of
137137 the board. The first meeting of the board shall be called by
138138 the Chair of the Lauderdale County Commission who shall
139139 preside for the election of the initial chair of the board.
140140 (g) Effective July 1, 2025, the operation and
141141 management of the electric distribution system serving
142142 Lauderdale County operated by the City of Florence Electricity
143143 Department shall be transferred to the Lauderdale County
144144 Electric Board. All employees on that date of the City of
145145 Florence Electricity Department shall be transferred to the
146146 board at the same salary and with the same benefits and
147147 seniority as the employee is receiving on that date.
148148 (h) Effective July 1, 2025, all books, records,
149149 supplies, funds, equipment, and any other assets of the City
150150 of Florence Electricity Department shall be transferred to the
151151 board.
152152 (i) The Lauderdale County Electric Board shall succeed
153153 to any powers formerly exercised or otherwise available to the
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183183 to any powers formerly exercised or otherwise available to the
184184 City of Florence Electricity Department to operate the
185185 electric distribution system in Lauderdale County, including,
186186 but not limited to, the exercise of the power of eminent
187187 domain as needed to provide for the operation of the electric
188188 distribution system.
189189 (j) This amendment is self-executing, but the
190190 Legislature may enact additional local acts as deemed
191191 necessary to modify specific provisions of this amendment to
192192 carry out the purpose and intent of this amendment.
193193 (k) Employees of the board shall continue to
194194 participate in the retirement plan of the City of Florence
195195 under the same terms and conditions as other members of the
196196 plan unless otherwise authorized by law. The board shall pay
197197 the employer's share as a contribution to the plan for each
198198 employee as determined by the actuary for the plan. Employees
199199 of the board shall contribute the employees' share to the plan
200200 in the same percentage of salary as employees of the city.
201201 (l) The employees of the board shall participate in the
202202 health insurance plan for county employees on the same
203203 conditions as other county employees.
204204 (m) The board shall appoint a chief executive officer
205205 who shall be responsible for the operation of the electric
206206 distribution system in accordance with the policies and
207207 directives of the board. Other employees of the board shall be
208208 appointed by the chief executive officer in accordance with
209209 personnel policies of the board.
210210 (n) Any debt of the City of Florence Electricity
211211 Department shall be transferred to board as a debt of the
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241241 Department shall be transferred to board as a debt of the
242242 board. This amendment shall not be construed to affect any
243243 other debt of the City of Florence.
244244 Upon ratification of this constitutional amendment, the
245245 Code Commissioner shall number and place this amendment as
246246 appropriate in the constitution omitting this instructional
247247 paragraph and may make the following nonsubstantive revisions:
248248 change capitalization, hierarchy, spelling, and punctuation
249249 for purposes of style and uniformity; correct manifest
250250 grammatical, clerical, and typographical errors; revise
251251 internal or external citations and cross-references; and
252252 translate effective dates.
253253 END PROPOSED AMENDMENT
254254 Section 2. An election upon the proposed amendment
255255 shall be held in accordance with Sections 284, 284.01, and 285
256256 of the Constitution of Alabama of 2022, and the election laws
257257 of this state. The appropriate election official shall assign
258258 a ballot number for the proposed constitutional amendment on
259259 the election ballot and shall set forth the following
260260 description of the substance or subject matter of the proposed
261261 constitutional amendment:
262262 "Relating to Lauderdale County, proposing an amendment
263263 to the Constitution of Alabama of 2022, to create the
264264 Lauderdale County Electric Board to operate the distribution
265265 system for electricity in Lauderdale County; to transfer all
266266 duties, assets, and employees of the City of Florence
267267 Electricity Department to the board; to provide for the
268268 appointment of the members of the board by the City Council of
269269 the City of Florence and the Lauderdale County Commission; and
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299299 the City of Florence and the Lauderdale County Commission; and
300300 to provide for the operation of the distribution system for
301301 electricity in the county.
302302 Proposed by Act ____."
303303 This description shall be followed by the following
304304 language:
305305 "Yes( ) No( )."
306306 Section 3. The proposed amendment shall become valid as
307307 part of the Constitution of Alabama of 2022, when approved by
308308 a majority of the qualified electors voting thereon.
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