HB436INTRODUCED
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HB436
HCP4333-1
By Representatives Harrison, Pettus(Constitutional Amendment)
RFD: Local Legislation
First Read: 09-Apr-24
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6 HCP4333-1 04/09/2024 FC (L)ma 2024-277
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First Read: 09-Apr-24
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, to provide for the
creation of the Lauderdale County Electric Board to
operate the distribution system for electricity in
Lauderdale County. The amendment would provide for the
members of the board to be appointed by the City
Council of the City of Florence and by the Lauderdale
County Commission.
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to the Constitution of Alabama
of 2022, relating to Lauderdale County, to create the
Lauderdale County Electric Board; to provide for the members
of the board; to transfer all duties, assets, and employees of
the City of Florence Electricity Department to the board; and
to provide for the operation of the distribution system for
electricity in Lauderdale County.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
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of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) The Lauderdale County Electric Board is created to
commence operation on July 1, 2025, to operate the
distribution system for electricity in Lauderdale County, as
formerly operated solely by the City of Florence Electricity
Department.
(b) The Lauderdale County Electric Board shall be
composed of five members. Two members of the board shall be
appointed by the City Council of the City of Florence and two
members of the board shall be appointed by the Lauderdale
County Commission. The fifth member of the board shall be
appointed for terms on a rotating basis by the Lauderdale
County Commission and the City Council of the City of Florence
with the person appointed to the first term to this position
on the board appointed by the Lauderdale County Commission.
(c) In order to stagger the terms of the board, two
members of the board, one appointed by the City Florence and
one appointed by the Lauderdale County Commission, shall serve
an initial term of two years. Thereafter, these members shall
serve a term of four years. The remaining initial members
shall be appointed for a term of four years. Thereafter, all
members shall serve a four-year term. The term of all members
shall commence on March 1, 2025. All board members shall serve
at the pleasure of the appointing governing body.
(d) Vacancies on the board shall be appointed by the
same appointing authority that appointed the member serving in
the vacant seat. A new member appointed to fill a vacancy
during the term of membership shall serve the remainder of the
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during the term of membership shall serve the remainder of the
term of the vacant seat.
(e) Each member of the board shall be a qualified
elector of Lauderdale County. No person shall serve on the
board who is a member of the Lauderdale County Commission or a
member of the municipal governing body of any municipality in
the county or an employee or former employee of the City of
Florence Electricity Department or the board.
(f) The board shall adopt bylaws to provide for the
selection of officers of the board, the meeting days of the
board, and to otherwise provide for the operation of the
board. A majority of the members shall constitute a quorum of
the board. The first meeting of the board shall be called by
the Chair of the Lauderdale County Commission who shall
preside for the election of the initial chair of the board.
(g) Effective July 1, 2025, the operation and
management of the electric distribution system serving
Lauderdale County operated by the City of Florence Electricity
Department shall be transferred to the Lauderdale County
Electric Board. All employees on that date of the City of
Florence Electricity Department shall be transferred to the
board at the same salary and with the same benefits and
seniority as the employee is receiving on that date.
(h) Effective July 1, 2025, all books, records,
supplies, funds, equipment, and any other assets of the City
of Florence Electricity Department shall be transferred to the
board.
(i) The Lauderdale County Electric Board shall succeed
to any powers formerly exercised or otherwise available to the
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to any powers formerly exercised or otherwise available to the
City of Florence Electricity Department to operate the
electric distribution system in Lauderdale County, including,
but not limited to, the exercise of the power of eminent
domain as needed to provide for the operation of the electric
distribution system.
(j) This amendment is self-executing, but the
Legislature may enact additional local acts as deemed
necessary to modify specific provisions of this amendment to
carry out the purpose and intent of this amendment.
(k) Employees of the board shall continue to
participate in the retirement plan of the City of Florence
under the same terms and conditions as other members of the
plan unless otherwise authorized by law. The board shall pay
the employer's share as a contribution to the plan for each
employee as determined by the actuary for the plan. Employees
of the board shall contribute the employees' share to the plan
in the same percentage of salary as employees of the city.
(l) The employees of the board shall participate in the
health insurance plan for county employees on the same
conditions as other county employees.
(m) The board shall appoint a chief executive officer
who shall be responsible for the operation of the electric
distribution system in accordance with the policies and
directives of the board. Other employees of the board shall be
appointed by the chief executive officer in accordance with
personnel policies of the board.
(n) Any debt of the City of Florence Electricity
Department shall be transferred to board as a debt of the
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Department shall be transferred to board as a debt of the
board. This amendment shall not be construed to affect any
other debt of the City of Florence.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; and
translate effective dates.
END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. The appropriate election official shall assign
a ballot number for the proposed constitutional amendment on
the election ballot and shall set forth the following
description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Lauderdale County, proposing an amendment
to the Constitution of Alabama of 2022, to create the
Lauderdale County Electric Board to operate the distribution
system for electricity in Lauderdale County; to transfer all
duties, assets, and employees of the City of Florence
Electricity Department to the board; to provide for the
appointment of the members of the board by the City Council of
the City of Florence and the Lauderdale County Commission; and
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the City of Florence and the Lauderdale County Commission; and
to provide for the operation of the distribution system for
electricity in the county.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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