Alabama 2025 Regular Session

Alabama House Bill HB473 Compare Versions

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

Old	New	Differences
1	1	HB473INTRODUCED
2	2	Page 0
3	3	HB473
4	4	U9T1AGX-1
5	5	By Representatives Stringer, Brown, Underwood, Brinyark,
6	6	Kirkland, Woods, Estes, Wilcox, Stadthagen, Colvin, Yarbrough,
7	7	Shirey, Mooney, Bolton, Easterbrook, Fincher, Starnes, Carns,
8	8	Sells, Kiel, Harrison, Butler, Robertson, Hammett, Hulsey,
9	9	Lipscomb
10	10	RFD: Boards, Agencies and Commissions
11	11	First Read: 20-Mar-25
12	12	1
13	13	2
14	14	3
15	15	4
16	16	5
17	17	6
18	18	7
19	19	8
20	20	9 U9T1AGX-1 03/20/2025 ZAK (L)ma 2025-1126
21	21	Page 1
22	22	First Read: 20-Mar-25
23	23	SYNOPSIS:
24	24	Under existing law, a city council may establish
25	25	a board of water and sewer commissioners to administer
26	26	water and sewer systems for the city.
27	27	This bill would prohibit these boards from
28	28	restricting public recreation uses of a water body
29	29	owned or controlled by the board.
30	30	This bill would also make nonsubstantive,
31	31	technical revisions to update the existing code
32	32	language to current style.
33	33	A BILL
34	34	TO BE ENTITLED
35	35	AN ACT
36	36	Relating to boards of water and sewer commissioners; to
37	37	amend Section 11-50-343, Code of Alabama 1975; to prohibit the
38	38	boards from restricting public recreation uses of owned or
39	39	controlled water bodies; and to make nonsubstantive, technical
40	40	revisions to update the existing code language to current
41	41	style.
42	42	1
43	43	2
44	44	3
45	45	4
46	46	5
47	47	6
48	48	7
49	49	8
50	50	9
51	51	10
52	52	11
53	53	12
54	54	13
55	55	14
56	56	15
57	57	16
58	58	17
59	59	18
60	60	19
61	61	20
62	62	21
63	63	22
64	64	23
65	65	24
66	66	25
67	67	26
68	68	27
69	69	28 HB473 INTRODUCED
70	70	Page 2
71	71	style.
72	72	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
73	73	Section 1. Section 11-50-343, Code of Alabama 1975, is
74	74	amended to read as follows:
75	75	"§11-50-343
76	76	(a) Each board created under the provisions of this
77	77	article shall be deemed to be a public agency or
78	78	instrumentality exercising public and governmental functions
79	79	to provide for the public health and welfare, and each such
80	80	board is hereby authorized and empowered may do any of the
81	81	following:
82	82	(1) To adopt Adopt bylaws for the regulation of its
83	83	affairs and the conduct of its business ;.
84	84	(2) To adopt Adopt an official seal and alter the same
85	85	at its pleasure;.
86	86	(3) To maintain Maintain an office at such a place or
87	87	places within the city as it may designate ;.
88	88	(4) To sue Sue and be sued in its own name ;.
89	89	(5) To acquire Acquire, purchase, lease as lessee,
90	90	construct, reconstruct, improve, extend, operate, and maintain
91	91	any water system or part thereof or any sewer system or part
92	92	thereof or any combination thereof within or without or partly
93	93	within and partly without the corporate limits of the city,
94	94	and to acquire by gift, purchase, or the exercise of the right
95	95	power of eminent domain lands or rights in land or water
96	96	rights in connection therewith and to acquire such personal
97	97	property as it may deem necessary in connection with the
98	98	construction, improvement, extension, enlargement, or
99	99	operation of any water system or sewer system and to hold and
100	100	29
101	101	30
102	102	31
103	103	32
104	104	33
105	105	34
106	106	35
107	107	36
108	108	37
109	109	38
110	110	39
111	111	40
112	112	41
113	113	42
114	114	43
115	115	44
116	116	45
117	117	46
118	118	47
119	119	48
120	120	49
121	121	50
122	122	51
123	123	52
124	124	53
125	125	54
126	126	55
127	127	56 HB473 INTRODUCED
128	128	Page 3
129	129	operation of any water system or sewer system and to hold and
130	130	dispose of all real and personal property under its control;
131	131	provided, that any proceedings to acquire property by the
132	132	exercise of the power of eminent domain shall be conducted and
133	133	the compensation to be paid shall be ascertained and paid in
134	134	the manner provided by the laws of the state then applicable
135	135	which relate to condemnation or the exercise of the power of
136	136	eminent domain by such the city;.
137	137	(6) To issue Issue revenue bonds of the board for any
138	138	of its corporate purposes, such the bonds to be payable solely
139	139	from revenues, and to refund its bonds, all as provided in
140	140	this article;.
141	141	(7) To combine Combine the water system and the sewer
142	142	system as a single system for the purpose of operation and
143	143	financing;.
144	144	(8) To fix Fix and revise from time to time and charge
145	145	and collect rates, fees, and charges for the use of or for the
146	146	services and facilities furnished by any system operated by
147	147	the board;.
148	148	(9) To exercise Exercise jurisdiction, control, and
149	149	supervision over any water system or sewer system owned,
150	150	operated, or maintained by the board and to make adopt and
151	151	enforce such rules and regulations for the maintenance and
152	152	operation of any such system as may, in the judgment of the
153	153	board, may be necessary or desirable for the efficient
154	154	operation of such the system and for accomplishing the
155	155	purposes of this article ;.
156	156	(10) To make Make and enter into all contracts and
157	157	agreements as the board may determine which that are necessary
158	158	57
159	159	58
160	160	59
161	161	60
162	162	61
163	163	62
164	164	63
165	165	64
166	166	65
167	167	66
168	168	67
169	169	68
170	170	69
171	171	70
172	172	71
173	173	72
174	174	73
175	175	74
176	176	75
177	177	76
178	178	77
179	179	78
180	180	79
181	181	80
182	182	81
183	183	82
184	184	83
185	185	84 HB473 INTRODUCED
186	186	Page 4
187	187	agreements as the board may determine which that are necessary
188	188	or incidental to the performance of its duties and to the
189	189	execution of its powers under this article, and to employ such
190	190	consulting and other engineers, superintendents, managers,
191	191	construction and financial experts, accountants, and
192	192	attorneys, and such other employees and agents as it the board
193	193	may determine necessary in its judgment and to fix their
194	194	compensation; provided, however, that all such expenses shall
195	195	be payable solely from funds made available under the
196	196	provisions of this article;.
197	197	(11) To enter Enter upon, use, occupy, and dig up, with
198	198	the consent of the city, any street, alley, road, highway, or
199	199	other public places necessary to be entered upon, used, or
200	200	occupied in connection with the acquisition, construction,
201	201	improvement, maintenance, or operation of any water system or
202	202	sewer system;.
203	203	(12) To receive Receive and accept from any federal
204	204	agency grants for or in aid of the construction of any water
205	205	system or sewer system or part thereof and to receive and
206	206	accept aid or contributions from any source of either money,
207	207	property, labor, or other things of value to be held, used,
208	208	and applied only for the purposes for which such the grants or
209	209	contributions may be are made; and.
210	210	(13) To do Do all acts and things necessary or
211	211	convenient to carry out the powers expressly granted in this
212	212	article.
213	213	(b) All resolutions adopted or promulgated by the board
214	214	shall, as soon as practicable after their passage, shall be
215	215	recorded in a book kept for that purpose and be authenticated
216	216	85
217	217	86
218	218	87
219	219	88
220	220	89
221	221	90
222	222	91
223	223	92
224	224	93
225	225	94
226	226	95
227	227	96
228	228	97
229	229	98
230	230	99
231	231	100
232	232	101
233	233	102
234	234	103
235	235	104
236	236	105
237	237	106
238	238	107
239	239	108
240	240	109
241	241	110
242	242	111
243	243	112 HB473 INTRODUCED
244	244	Page 5
245	245	recorded in a book kept for that purpose and be authenticated
246	246	by the signature of the secretary or other administrative
247	247	officer authorized to authenticate such resolutions; and all
248	248	resolutions of a general or permanent nature shall be
249	249	published in some newspaper of general circulation in the
250	250	city, but if no such newspaper is published within the limits
251	251	of the city, suchthe resolutions may be published by posting
252	252	three copies thereof in three public places within the limits
253	253	of the city.
254	254	(c) A board may not in any way restrict the public's
255	255	recreational use of a water body, or portion thereof, owned or
256	256	controlled by the board, including for fishing and boating. "
257	257	Section 2. This act shall become effective on October
258	258	1, 2025.
259	259	113
260	260	114
261	261	115
262	262	116
263	263	117
264	264	118
265	265	119
266	266	120
267	267	121
268	268	122
269	269	123
270	270	124
271	271	125