Alabama 2025 Regular Session

Alabama Senate Bill SB272 Compare Versions

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

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1	1	SB272INTRODUCED
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3	3	SB272
4	4	V7FW3PV-1
5	5	By Senators Williams, Sessions
6	6	RFD: Agriculture, Conservation, and Forestry
7	7	First Read: 01-Apr-25
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12	12	5 V7FW3PV-1 03/31/2025 ZAK (L)ZAK 2025-1438
13	13	Page 1
14	14	First Read: 01-Apr-25
15	15	SYNOPSIS:
16	16	Under existing law, a city council may establish
17	17	a board of water and sewer commissioners to administer
18	18	water and sewer systems for the city.
19	19	This bill would prohibit these boards from
20	20	restricting public recreation uses of a water body
21	21	owned or controlled by the board.
22	22	This bill would also make nonsubstantive,
23	23	technical revisions to update the existing code
24	24	language to current style.
25	25	A BILL
26	26	TO BE ENTITLED
27	27	AN ACT
28	28	Relating to boards of water and sewer commissioners; to
29	29	amend Section 11-50-343, Code of Alabama 1975; to prohibit the
30	30	boards from restricting public recreation uses of owned or
31	31	controlled water bodies; and to make nonsubstantive, technical
32	32	revisions to update the existing code language to current
33	33	style.
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61	61	28 SB272 INTRODUCED
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63	63	style.
64	64	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
65	65	Section 1. Section 11-50-343, Code of Alabama 1975, is
66	66	amended to read as follows:
67	67	"§11-50-343
68	68	(a) Each board created under the provisions of this
69	69	article shall be deemed to be a public agency or
70	70	instrumentality exercising public and governmental functions
71	71	to provide for the public health and welfare, and each such
72	72	board is hereby authorized and empowered may do any of the
73	73	following:
74	74	(1) To adopt Adopt bylaws for the regulation of its
75	75	affairs and the conduct of its business ;.
76	76	(2) To adopt Adopt an official seal and alter the same
77	77	at its pleasure;.
78	78	(3) To maintain Maintain an office at such a place or
79	79	places within the city as it may designate ;.
80	80	(4) To sue Sue and be sued in its own name ;.
81	81	(5) To acquire Acquire, purchase, lease as lessee,
82	82	construct, reconstruct, improve, extend, operate, and maintain
83	83	any water system or part thereof or any sewer system or part
84	84	thereof or any combination thereof within or without or partly
85	85	within and partly without the corporate limits of the city,
86	86	and to acquire by gift, purchase, or the exercise of the right
87	87	power of eminent domain lands or rights in land or water
88	88	rights in connection therewith and to acquire such personal
89	89	property as it may deem necessary in connection with the
90	90	construction, improvement, extension, enlargement, or
91	91	operation of any water system or sewer system and to hold and
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121	121	operation of any water system or sewer system and to hold and
122	122	dispose of all real and personal property under its control;
123	123	provided, that any proceedings to acquire property by the
124	124	exercise of the power of eminent domain shall be conducted and
125	125	the compensation to be paid shall be ascertained and paid in
126	126	the manner provided by the laws of the state then applicable
127	127	which relate to condemnation or the exercise of the power of
128	128	eminent domain by such the city;.
129	129	(6) To issue Issue revenue bonds of the board for any
130	130	of its corporate purposes, such the bonds to be payable solely
131	131	from revenues, and to refund its bonds, all as provided in
132	132	this article;.
133	133	(7) To combine Combine the water system and the sewer
134	134	system as a single system for the purpose of operation and
135	135	financing;.
136	136	(8) To fix Fix and revise from time to time and charge
137	137	and collect rates, fees, and charges for the use of or for the
138	138	services and facilities furnished by any system operated by
139	139	the board;.
140	140	(9) To exercise Exercise jurisdiction, control, and
141	141	supervision over any water system or sewer system owned,
142	142	operated, or maintained by the board and to make adopt and
143	143	enforce such rules and regulations for the maintenance and
144	144	operation of any such system as may, in the judgment of the
145	145	board, may be necessary or desirable for the efficient
146	146	operation of such the system and for accomplishing the
147	147	purposes of this article ;.
148	148	(10) To make Make and enter into all contracts and
149	149	agreements as the board may determine which that are necessary
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179	179	agreements as the board may determine which that are necessary
180	180	or incidental to the performance of its duties and to the
181	181	execution of its powers under this article, and to employ such
182	182	consulting and other engineers, superintendents, managers,
183	183	construction and financial experts, accountants, and
184	184	attorneys, and such other employees and agents as it the board
185	185	may determine necessary in its judgment and to fix their
186	186	compensation; provided, however, that all such expenses shall
187	187	be payable solely from funds made available under the
188	188	provisions of this article;.
189	189	(11) To enter Enter upon, use, occupy, and dig up, with
190	190	the consent of the city, any street, alley, road, highway, or
191	191	other public places necessary to be entered upon, used, or
192	192	occupied in connection with the acquisition, construction,
193	193	improvement, maintenance, or operation of any water system or
194	194	sewer system;.
195	195	(12) To receive Receive and accept from any federal
196	196	agency grants for or in aid of the construction of any water
197	197	system or sewer system or part thereof and to receive and
198	198	accept aid or contributions from any source of either money,
199	199	property, labor, or other things of value to be held, used,
200	200	and applied only for the purposes for which such the grants or
201	201	contributions may be are made; and.
202	202	(13) To do Do all acts and things necessary or
203	203	convenient to carry out the powers expressly granted in this
204	204	article.
205	205	(b) All resolutions adopted or promulgated by the board
206	206	shall, as soon as practicable after their passage, shall be
207	207	recorded in a book kept for that purpose and be authenticated
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237	237	recorded in a book kept for that purpose and be authenticated
238	238	by the signature of the secretary or other administrative
239	239	officer authorized to authenticate such resolutions; and all
240	240	resolutions of a general or permanent nature shall be
241	241	published in some newspaper of general circulation in the
242	242	city, but if no such newspaper is published within the limits
243	243	of the city, suchthe resolutions may be published by posting
244	244	three copies thereof in three public places within the limits
245	245	of the city.
246	246	(c) A board may not in any way restrict the public's
247	247	recreational use of a water body, or portion thereof, owned or
248	248	controlled by the board, including for fishing and boating. "
249	249	Section 2. This act shall become effective on October
250	250	1, 2025.
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