AL
Alabama House Bill HB495

Alabama 2025 Regular Session

Alabama House Bill HB495 Compare Versions

Only one version of the bill is available at this time.
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44 BYVBZQQ-1
55 By Representative Estes (N & P)
66 RFD: Local Legislation
77 First Read: 01-Apr-25
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1212 5 BYVBZQQ-1 04/01/2025 THR (L)THR 2025-1458
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1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to Marion County; to amend Section
1919 45-47-250.04, Code of Alabama 1975, to further provide for the
2020 board of directors of the Marion County Public Water
2121 Authority.
2222 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2323 Section 1. Section 45-47-250.04, Code of Alabama 1975,
2424 is amended to read as follows:
2525 "ยง45-47-250.04
2626 (a) The Marion County Public Water Authority shall be
2727 governed by a board of directors. All powers of the authority
2828 shall be exercised by the board or pursuant to its
2929 authorization.
3030 (b) The initial Beginning October 1, 2025, the board of
3131 directors shall consist of three citizens appointed to
3232 incorporate the authority and six other directors to be
3333 appointed within 45 days after the date the authority is
3434 incorporated five residents of Marion County as follows:
3535 (1) In addition to the appointment of one of the
3636 incorporators who shall serve an initial term of six years,
3737 The Chair of the Marion County Commission shall appoint the
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6767 The Chair of the Marion County Commission shall appoint the
6868 county engineer as one serve as a director in an ex officio
6969 capacity.
7070 (2) The Marion County Firefighters Association shall
7171 appoint one member from their associations association who
7272 shall serve an initial term of two yearsone year.
7373 (3) With each incorporated municipality, regardless of
7474 size, having one vote in the selection, the elected mayors of
7575 all incorporated municipalities in Marion County shall appoint
7676 one director who shall serve an initial term of two years.
7777 (4) The chairs of the water authorities in The members
7878 of the House of Representatives who serve Marion County shall
7979 appoint one director who shall serve an initial term of six
8080 three years.
8181 (5) The incorporator appointed by the senator The
8282 members of the Senate who serve Marion County shall serve an
8383 initial term of six years and shall be chair of the board of
8484 directors during his or her initial term of office appoint one
8585 director who shall serve an initial term of four years .
8686 (6) The incorporator appointed by the member of the
8787 House of Representatives shall serve an initial term of four
8888 years; two other directors shall be appointed by the members
8989 of the House of Representatives and shall serve an initial
9090 term of four years.
9191 (c) In the event an appointment is not made within 45
9292 days after the date of incorporation, the Governor shall have
9393 the authority to make such appointment.
9494 (d) As soon as may be practicable after the
9595 organization of the authority, an election shall be held by
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125125 organization of the authority, an election shall be held by
126126 the board of directors to elect a vice-chair and a
127127 secretary-treasurer. After the initial term of six years for
128128 the chair, the board of directors shall elect a chair who
129129 shall serve four year terms. No chair shall serve more than
130130 three consecutive elected terms.
131131 (e)(c) Upon the expiration of the initial terms,
132132 directors shall serve a term of six four years and vacancies
133133 shall be filled by the respective appointing authority that
134134 made the initial appointment. In the event of a vacancy in
135135 office due to death, disability, resignation, or impeachment,
136136 the unexpired term of such office shall be filled by
137137 appointment by the respective appointing authority making the
138138 initial appointment. No officer of the state or of any county
139139 or municipality, during his or her tenure as such officer,
140140 shall be eligible to serve as a director.
141141 (d) Other than the chair of the county commission, no
142142 director may serve more than three consecutive four-year
143143 terms.
144144 (f)(e) Each director appointed shall be a duly
145145 qualified elector and resident of that county Marion County
146146 and shall be a resident of and the owner of shall own real
147147 property in that part of the service area of the authority
148148 which lies within that the county.
149149 (f) Each director shall be compensated for each meeting
150150 attended in an amount to be determined by a majority vote of
151151 the members of the board. The amount of each director's
152152 compensation shall be stated in the bylaws of the authority.
153153 In addition, each director shall be entitled to reimbursement
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183183 In addition, each director shall be entitled to reimbursement
184184 for expenses actually incurred on official business of the
185185 authority in the performance of his or her duties.
186186 (g) If any director of the authority is absent from
187187 three consecutive, called or scheduled meetings, he or she
188188 shall be removed from office and terminated as a member of the
189189 authority. Within 45 days of his or her removal, the
190190 appointing authority of such the director shall make a
191191 replacement appointment. Upon failure of the appointing
192192 authority to make such a replacement appointment with within
193193 45 days, the Governor shall appoint a director.
194194 (h) An appointing authority may recall its respective
195195 director 30 days after providing written notice to the
196196 director of the authority's intent to recall the director.
197197 Following a successful recall, an appointing authority shall
198198 make a replacement appointment. Upon failure of the appointing
199199 authority to make a replacement appointment within 45 days,
200200 the Governor shall appoint a director.
201201 (h)(i) Any director of the authority may be impeached
202202 and removed from office in the same manner and on the same
203203 grounds provided by Section 175 of the Constitution of Alabama
204204 of 1901 2022 and the general laws of the state for impeachment
205205 and removal of the officers mentioned in Section 175.
206206 (i) The Marion County Commission may provide office
207207 space and staff for the authority. "
208208 Section 2. Any compensation payment made to a member of
209209 the Board of Directors of the Marion County Public Water
210210 Authority prior to October 1, 2025, is hereby affirmed and
211211 ratified.
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241241 ratified.
242242 Section 3. This act shall become effective on October
243243 1, 2025.
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