Alabama 2025 Regular Session

Alabama House Bill HB471 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB471INTRODUCED
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3	3	HB471
4	4	SLB4188-1
5	5	By Representatives Brown, Stringer
6	6	RFD: Boards, Agencies and Commissions
7	7	First Read: 20-Mar-25
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12	12	5 SLB4188-1 03/19/2025 PMG (L)PMG 2025-1343
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14	14	First Read: 20-Mar-25
15	15	SYNOPSIS:
16	16	State law sets out a process for the
17	17	incorporation of local authorities to provide water,
18	18	sewer, and fire protection services. These local
19	19	authorities are governed by a board of directors.
20	20	This bill would remove a prohibition on a state
21	21	or local officer from serving on the board of directors
22	22	of a local water, sewer, or fire protection authority.
23	23	A BILL
24	24	TO BE ENTITLED
25	25	AN ACT
26	26	Relating to local water, sewer, and fire protection
27	27	authorities; to amend Section 11-88-6, Code of Alabama 1975,
28	28	to remove the prohibition on a state or local officer from
29	29	serving on the board of directors of an authority.
30	30	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	31	Section 1. Section 11-88-6, Code of Alabama 1975, is
32	32	amended to read as follows:
33	33	"§11-88-6
34	34	(a) Each authority shall be governed by a board of
35	35	directors. All powers of the authority shall be exercised by
36	36	the board or pursuant to its authorization.
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66	66	the board or pursuant to its authorization.
67	67	(b)(1) The board shall consist initially of three
68	68	directors, elected, as soon as may be practicable , after the
69	69	organization of the authority, by the governing body of the
70	70	determining county for staggered terms as follows:
71	71	a. The first term of one director shall begin
72	72	immediately upon the director's election and shall end at noon
73	73	on March 1 of the next succeeding odd-numbered calendar year
74	74	following the election ;.
75	75	b. The the first term of another director shall begin
76	76	immediately upon his or her election and shall end at noon on
77	77	March 1 of the second succeeding odd-numbered calendar year
78	78	following the election ; and.
79	79	c. The the first term of the remaining director shall
80	80	begin immediately upon his or her election and shall end at
81	81	noon on March 1 of the third succeeding odd-numbered calendar
82	82	year following the election.
83	83	(2) Thereafter, the term of office of each director
84	84	shall be six years.
85	85	(c)(1) If any amendment to the certificate of
86	86	incorporation of the an authority, effected pursuant to the
87	87	provisions of Section 11-88-5, shall increase increases the
88	88	membership of the board, the board shall thereafter consist of
89	89	such that number of directors, elected appointed by such the
90	90	respective governing bodies, as may be body, as specified in
91	91	the amendment. The terms of office of any new directors added
92	92	by any such amendment shall be so arranged that, taking into
93	93	consideration the terms of office of the original three
94	94	directors, the terms of office of approximately one-third of
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124	124	directors, the terms of office of approximately one-third of
125	125	all directors,(or as nearly one-third thereof as may be
126	126	practicable), will end at noon on March 1 in each odd-numbered
127	127	year following the effective date of the amendment.
128	128	(2)The term of office of each new director, added by
129	129	amendment as aforesaid, shall following After the initial term
130	130	of such a new director, the term of office shall be for a
131	131	period of six years.
132	132	(3) If at any time there should be is a vacancy on the
133	133	board, a successor director to serve for the unexpired term
134	134	applicable to such the vacancy shall be elected appointed by
135	135	that governing body which that elected the director whose
136	136	unexpired term he or she is to fill.
137	137	(4) Each election appointment of a director, whether
138	138	for a full six-year term or to complete an unexpired term,
139	139	shall be made not earlier than 30 days prior to the date on
140	140	which suchthe director is to take office as such. No officer
141	141	of the state or of any county or municipality shall, during
142	142	his or her tenure as such officer, be eligible to serve as a
143	143	director.
144	144	(d) Each director elected appointed by a county
145	145	governing body shall be a duly qualified elector of that
146	146	county and shall be a resident of and the owner of real
147	147	property in that part of the service area of the authority
148	148	which lies within that county. Directors shall be eligible for
149	149	reelection.
150	150	(e) Each director shall be reimbursed for expenses
151	151	actually incurred by the director in and about the performance
152	152	of the director's duties. If the certificate of incorporation
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182	182	of the director's duties. If the certificate of incorporation
183	183	so provides, each director except the chairman chair of the
184	184	board shall be compensated in an additional amount not to
185	185	exceed four hundred dollars ($400) per meeting attended but
186	186	not to exceed four thousand eight hundred dollars ($4,800) per
187	187	year. The chairman shallchair, if the certificate so provides,
188	188	shall be compensated in an additional amount not to exceed six
189	189	hundred dollars ($600) per meeting attended but not to exceed
190	190	seven thousand two hundred dollars ($7,200) per year.
191	191	(e)(f) Any director of the authority may be impeached
192	192	and removed from office in the same manner and on the same
193	193	grounds provided by Section 175 of the Constitution of Alabama
194	194	of 2022, and the general laws of the state for impeachment and
195	195	removal of the officers mentioned in Section 175.
196	196	(f)(g)(1) If the service area, or the greater part
197	197	thereof, in which an authority is authorized by its
198	198	certificate of incorporation or any amendment thereto to
199	199	render water service, fire protection service, sewer service,
200	200	or any one or more thereof, includes a resort area pursuant to
201	201	Article 2 of this chapter and the service area is incorporated
202	202	or annexed into a municipality subsequent to the creation of
203	203	an authority, and if the municipality has assumed and taken
204	204	over the fire protection responsibility and the sewer service
205	205	originally placed upon the authority, the board of directors
206	206	of the authority shall be increased in membership by a
207	207	sufficient number of new members to increase membership on the
208	208	board of directors to a maximum of seven members. Each of the
209	209	new members to the board of directors shall be appointed by
210	210	the governing body of the municipality by ordinance duly
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240	240	the governing body of the municipality by ordinance duly
241	241	adopted.
242	242	(2) The first term of each new member so appointed
243	243	shall be staggered for terms of one, two, three, and four
244	244	years, as needed. Thereafter, the term of the new members
245	245	added pursuant to this subsection shall be six years. The
246	246	governing body of the determining county shall continue to
247	247	make appointments and fill vacancies as heretofore authorized.
248	248	After May 18, 1993, the governing body of the municipality
249	249	shall make appointments and fill vacancies as provided in this
250	250	subsection.
251	251	(3) All members of the board of directors of the
252	252	authority shall have all the authority, privileges,
253	253	immunities, and qualifications as provided in this article.
254	254	(g)(h) Nothing in this section as amended by Act
255	255	2010-580 shall apply to the City of Prichard Water and Sewer
256	256	Board."
257	257	Section 2. This act shall become effective on October
258	258	1, 2025.
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