Alabama 2025 Regular Session

Alabama Senate Bill SB95 Compare Versions

OldNewDifferences
1-SB95ENGROSSED
1+SB95INTRODUCED
22 Page 0
33 SB95
4-KXE15UA-2
4+KXE15UA-1
55 By Senator Chesteen
66 RFD: Fiscal Responsibility and Economic Development
77 First Read: 05-Feb-25
88 1
99 2
1010 3
1111 4
12-5 SB95 Engrossed
12+5 KXE15UA-1 02/03/2025 OW (L)bm 2025-472
1313 Page 1
1414 First Read: 05-Feb-25
15+SYNOPSIS:
16+The Alabama Municipal Electric Authority is a
17+public corporation that provides or makes available
18+alternative sources of bulk electric power and energy
19+for municipalities that own and operate electric
20+distribution systems. The authority is governed by a
21+board of directors. Members of the board of directors
22+may be compensated, upon the unanimous vote of all
23+board members, at a rate not to exceed $600.
24+This bill would provide that, in lieu of
25+compensation, board members may be paid a monthly fee
26+not to exceed $1,750 and the chair may be paid a
27+monthly fee not to exceed $2,000.
1528 A BILL
1629 TO BE ENTITLED
1730 AN ACT
1831 Relating to the Alabama Municipal Electric Authority;
1932 to amend Section 11-50A-6 of the Code of Alabama 1975, to
2033 increase the amount of the director's fees authorized to be
2134 paid, at the discretion of the board, to the members of the
2235 board of directors and the chairman for each meeting of the
2336 board.
24-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25-Section 1. Section 11-50A-6 of the Code of Alabama
26-1975, is amended to read as follows:
27-"§11-50A-6
28-(a) The board of directors of the authority shall be
29-elected by the duly designated representatives of the
30-municipalities which that are authorized and directed to
31-designate a member of the election committee as hereinafter
32-provided in this section. Until the first meeting of the board
33-of directors following the meeting in 2015 of the election
34-committee hereinafter provided for, the board of directors
35-shall consist of nine members ; thereafter,. Thereafter, the
36-board shall consist of the number of members equal to the
37-number of municipalities contracting with the authority for
3837 1
3938 2
4039 3
4140 4
4241 5
4342 6
4443 7
4544 8
4645 9
4746 10
4847 11
4948 12
5049 13
5150 14
5251 15
5352 16
5453 17
5554 18
5655 19
5756 20
5857 21
5958 22
6059 23
6160 24
6261 25
6362 26
6463 27
65-28 SB95 Engrossed
64+28 SB95 INTRODUCED
6665 Page 2
66+board.
67+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
68+Section 1. Section 11-50A-6 of the Code of Alabama
69+1975, is amended to read as follows:
70+"§11-50A-6
71+(a) The board of directors of the authority shall be
72+elected by the duly designated representatives of the
73+municipalities which that are authorized and directed to
74+designate a member of the election committee as hereinafter
75+provided in this section. Until the first meeting of the board
76+of directors following the meeting in 2015 of the election
77+committee hereinafter provided for, the board of directors
78+shall consist of nine members ; thereafter,. Thereafter, the
79+board shall consist of the number of members equal to the
6780 number of municipalities contracting with the authority for
6881 the purchase of electric power and energy pursuant to Section
6982 11-50A-17, which are authorized and directed to designate a
7083 member of the election committee. Members of the board of
7184 directors shall be eligible to succeed themselves. The
7285 business, affairs, and property of the authority shall be
7386 managed by its board of directors.
7487 (b)(1) On or before the ninetieth day following May 18,
7588 1981, the governing body of each municipality which shall have
7689 that has, prior to that ninetieth day, by proper resolution
7790 declared its intention to contract with the authority for the
7891 purchase of electric power and energy pursuant to Section
7992 11-50A-17, provided there shall be as many as five such
8093 municipalities, shall designate one individual who shall be a
8194 duly qualified elector of that municipality as its
82-representative on the Alabama Municipal Electric Authority
83-membership election committee which is herein designated as
84-the election committee. The resolution of the governing body
85-of each municipality may at any time be repealed in the manner
86-provided by law for repeal of resolutions by the governing
87-body; provided, that repeal of a resolution after the date of
88-incorporation of the authority shall not affect the existence
89-of the authority or the validity or enforceability of any
90-contract entered into by the municipality with the authority.
91-Each resolution declaring the intention of the municipality to
92-contract with the authority shall state the amount of electric
93-power and energy purchased from all sources by the
94-municipality during the immediately preceding calendar year
95-and shall be presented to the election committee at its first
9695 29
9796 30
9897 31
9998 32
10099 33
101100 34
102101 35
103102 36
104103 37
105104 38
106105 39
107106 40
108107 41
109108 42
110109 43
111110 44
112111 45
113112 46
114113 47
115114 48
116115 49
117116 50
118117 51
119118 52
120119 53
121120 54
122121 55
123-56 SB95 Engrossed
122+56 SB95 INTRODUCED
124123 Page 3
124+duly qualified elector of that municipality as its
125+representative on the Alabama Municipal Electric Authority
126+membership election committee which is herein designated as
127+the election committee. The resolution of the governing body
128+of each municipality may at any time be repealed in the manner
129+provided by law for repeal of resolutions by the governing
130+body; provided, that repeal of a resolution after the date of
131+incorporation of the authority shall not affect the existence
132+of the authority or the validity or enforceability of any
133+contract entered into by the municipality with the authority.
134+Each resolution declaring the intention of the municipality to
135+contract with the authority shall state the amount of electric
136+power and energy purchased from all sources by the
137+municipality during the immediately preceding calendar year
125138 and shall be presented to the election committee at its first
126139 meeting which shall be held at the State Capitol located in
127140 the City of Montgomery, Alabama, at 11 o'clock A.M. a.m.,
128141 Montgomery time, on the first Monday following the ninetieth
129142 day following May 18, 1981. At that meeting, which shall not
130143 precede the issuance of the authority's certificate of
131144 incorporation by the Secretary of State as provided in Section
132145 11-50A-5, the election committee shall organize and elect a
133146 chairman chair and any other officers which may be desirable
134147 in the determination of the election committee. The election
135148 committee shall then determine the sufficiency of the
136149 resolutions presented to it, the accuracy of the factual
137150 representations made therein, and the number of votes ,
138151 (including fractions thereof ), which each member of the
139152 election committee shall be entitled to cast in accordance
140-with the provisions of subsection (b) subdivision(2) of this
141-section; the. The determinations of the election committee
142-shall be final. Nominations for membership on the board shall
143-then be received by the election committee prior to
144-adjournment of its first meeting. The election committee shall
145-then meet for the second time one week later at the same time
146-and place to receive any other nominations for membership on
147-the board that may be made and shall at that time elect nine
148-members of the board. The nine nominees to membership on the
149-board receiving the largest number of votes cast by a quorum
150-of the election committee shall be declared to be elected as
151-the first nine members of the board. Each member shall be a
152-duly qualified elector of one of the municipalities
153-represented on the election committee, but, insofar as is
154153 57
155154 58
156155 59
157156 60
158157 61
159158 62
160159 63
161160 64
162161 65
163162 66
164163 67
165164 68
166165 69
167166 70
168167 71
169168 72
170169 73
171170 74
172171 75
173172 76
174173 77
175174 78
176175 79
177176 80
178177 81
179178 82
180179 83
181-84 SB95 Engrossed
180+84 SB95 INTRODUCED
182181 Page 4
182+election committee shall be entitled to cast in accordance
183+with the provisions of subsection (b) subdivision(2) of this
184+section; the. The determinations of the election committee
185+shall be final. Nominations for membership on the board shall
186+then be received by the election committee prior to
187+adjournment of its first meeting. The election committee shall
188+then meet for the second time one week later at the same time
189+and place to receive any other nominations for membership on
190+the board that may be made and shall at that time elect nine
191+members of the board. The nine nominees to membership on the
192+board receiving the largest number of votes cast by a quorum
193+of the election committee shall be declared to be elected as
194+the first nine members of the board. Each member shall be a
195+duly qualified elector of one of the municipalities
183196 represented on the election committee, but, insofar as is
184197 mathematically possible, no more than one member shall be a
185198 duly qualified elector of any one of those municipalities. The
186199 election committee shall meet on a date not more than 30 days
187200 prior to each annual meeting of the authority to elect members
188201 to fill the terms which will begin at the conclusion of the
189202 annual meeting of the board.
190203 (2) In elections held by the election committee to
191204 elect members to the board, beginning with the first election
192205 of members, each municipality entitled to representation on
193206 the election committee shall have, and shall be entitled to
194207 have its representative on the election committee cast, one
195208 whole vote, plus an additional vote or votes ,(including
196209 fractions thereof ), to be determined as follows:
197210 a. Before any project of the authority is placed in
198-commercial operation by the authority, as determined by the
199-authority, and electric power and energy is being supplied by
200-the authority to all municipalities contracting with the
201-authority pursuant to Section 11-50A-17, the percentage which
202-is arrived at by dividing the number of kilowatt hours of
203-electric power and energy purchased from all sources by each
204-represented municipality during the immediately preceding
205-calendar year by the total number of kilowatt hours of
206-electric power and energy purchased from all sources by all
207-represented municipalities during the immediately preceding
208-calendar year shall be determined ; each. Each percentage so
209-determined shall then be applied to a total number of votes
210-equal to the total number of municipalities entitled to
211-representation on the election committee. The resulting
212211 85
213212 86
214213 87
215214 88
216215 89
217216 90
218217 91
219218 92
220219 93
221220 94
222221 95
223222 96
224223 97
225224 98
226225 99
227226 100
228227 101
229228 102
230229 103
231230 104
232231 105
233232 106
234233 107
235234 108
236235 109
237236 110
238237 111
239-112 SB95 Engrossed
238+112 SB95 INTRODUCED
240239 Page 5
240+a. Before any project of the authority is placed in
241+commercial operation by the authority, as determined by the
242+authority, and electric power and energy is being supplied by
243+the authority to all municipalities contracting with the
244+authority pursuant to Section 11-50A-17, the percentage which
245+is arrived at by dividing the number of kilowatt hours of
246+electric power and energy purchased from all sources by each
247+represented municipality during the immediately preceding
248+calendar year by the total number of kilowatt hours of
249+electric power and energy purchased from all sources by all
250+represented municipalities during the immediately preceding
251+calendar year shall be determined ; each. Each percentage so
252+determined shall then be applied to a total number of votes
253+equal to the total number of municipalities entitled to
241254 representation on the election committee. The resulting
242255 figure, calculated to the nearest one thousandth, shall be the
243256 additional vote or votes ,(including fractions thereof ), to
244257 which each respective municipality is entitled.
245258 b. After any project of the authority is placed in
246259 commercial operation by the authority, as determined by the
247260 authority, and electric power and energy is being supplied by
248261 the authority to all municipalities contracting with the
249262 authority pursuant to Section 11-50A-17, the percentage which
250263 is arrived at by dividing the number of kilowatt hours of
251264 electric power and energy purchased from the authority by each
252265 represented municipality during the immediately preceding
253266 calendar year by the total number of kilowatt hours of
254267 electric power and energy purchased from the authority by all
255268 represented municipalities during the immediately preceding
256-calendar year shall be determined ; each. Each percentage so
257-determined shall then be applied to a total number of votes
258-equal to the total number of municipalities entitled to
259-representation on the election committee. The resulting
260-figure, calculated to the nearest one thousandth, shall be the
261-additional vote or votes ,(including fractions thereof ), to
262-which each represented municipality is entitled. At the
263-meeting of the election committee in the calendar year
264-immediately following the calendar year in which any project
265-of the authority is first placed in commercial operation by
266-the authority, as determined by the authority, and electric
267-power and energy is being supplied by the authority to all
268-municipalities contracting with the authority pursuant to
269-Section 11-50A-17, if the project has been in commercial
270269 113
271270 114
272271 115
273272 116
274273 117
275274 118
276275 119
277276 120
278277 121
279278 122
280279 123
281280 124
282281 125
283282 126
284283 127
285284 128
286285 129
287286 130
288287 131
289288 132
290289 133
291290 134
292291 135
293292 136
294293 137
295294 138
296295 139
297-140 SB95 Engrossed
296+140 SB95 INTRODUCED
298297 Page 6
298+represented municipalities during the immediately preceding
299+calendar year shall be determined ; each. Each percentage so
300+determined shall then be applied to a total number of votes
301+equal to the total number of municipalities entitled to
302+representation on the election committee. The resulting
303+figure, calculated to the nearest one thousandth, shall be the
304+additional vote or votes ,(including fractions thereof ), to
305+which each represented municipality is entitled. At the
306+meeting of the election committee in the calendar year
307+immediately following the calendar year in which any project
308+of the authority is first placed in commercial operation by
309+the authority, as determined by the authority, and electric
310+power and energy is being supplied by the authority to all
311+municipalities contracting with the authority pursuant to
299312 Section 11-50A-17, if the project has been in commercial
300313 operation, as determined by the authority, and if electric
301314 power and energy has been supplied for at least six months in
302315 the immediately preceding calendar year, then the period of
303316 time upon which the determination shall be made of the
304317 additional vote or votes ,(including fractions thereof ), to
305318 which the members of the election committee shall be entitled
306319 at such meeting shall be that portion of the calendar year in
307320 which electric power and energy was first supplied to the
308321 municipalities; otherwise, such additional vote or votes ,
309322 (including fractions thereof ), shall be determined on the
310323 basis of the number of kilowatt hours of electric power and
311324 energy purchased from all sources in accordance with the
312325 provisions of subsection (b)(2) paragraph a. of this section.
313326 c. The presence at any meeting of the election
314-committee of representatives entitled to cast two-thirds of
315-the total votes to which the election committee shall be
316-entitled shall constitute a quorum of the election committee.
317-(c) The governing body of each municipality declaring
318-its intent to contract with the authority for the purchase of
319-electric power and energy pursuant to Section 11-50A-17, after
320-the ninetieth day following May 18, 1981, but before the
321-election of the first nine members of the board, shall
322-designate one individual who shall be a duly qualified elector
323-of that municipality as an additional member of the election
324-committee. The term of each additional member of the election
325-committee so designated shall begin with the first meeting of
326-the election committee following the meeting held for the
327-purpose of electing the first nine members of the board. After
328327 141
329328 142
330329 143
331330 144
332331 145
333332 146
334333 147
335334 148
336335 149
337336 150
338337 151
339338 152
340339 153
341340 154
342341 155
343342 156
344343 157
345344 158
346345 159
347346 160
348347 161
349348 162
350349 163
351350 164
352351 165
353352 166
354353 167
355-168 SB95 Engrossed
354+168 SB95 INTRODUCED
356355 Page 7
356+c. The presence at any meeting of the election
357+committee of representatives entitled to cast two-thirds of
358+the total votes to which the election committee shall be
359+entitled shall constitute a quorum of the election committee.
360+(c) The governing body of each municipality declaring
361+its intent to contract with the authority for the purchase of
362+electric power and energy pursuant to Section 11-50A-17, after
363+the ninetieth day following May 18, 1981, but before the
364+election of the first nine members of the board, shall
365+designate one individual who shall be a duly qualified elector
366+of that municipality as an additional member of the election
367+committee. The term of each additional member of the election
368+committee so designated shall begin with the first meeting of
369+the election committee following the meeting held for the
357370 purpose of electing the first nine members of the board. After
358371 the election of the first nine members of the board, each
359372 municipality that is not otherwise entitled to representation
360373 on the election committee and that contracts with the
361374 authority pursuant to Section 11-50A-17 shall designate one
362375 individual who shall be a duly qualified elector of that
363376 municipality as an additional member of the election
364377 committee. The term of each additional member of the election
365378 committee so designated shall begin with the next meeting of
366379 the election committee following his or her designation as a
367380 member. Each member of the election committee shall serve at
368381 the pleasure of the governing body of the municipality by
369382 which he or she was appointed.
370383 (d)(1) The initial membership of the board shall be
371384 elected as follows: Three members of the board shall be
372-elected for terms of one year, three for two years, and three
373-for three years. Each election thereafter, except elections to
374-fill unexpired terms or to reflect a contemporaneous increase
375-in the membership of the board, shall be for a term of three
376-years. In the case of an increase in the membership of the
377-board, the board members elected to reflect the increase shall
378-be elected for initial terms that result in an approximately
379-equal number of members of the board having terms expiring in
380-the same years, as the election committee shall determine. All
381-terms, however, shall extend through the annual meeting of the
382-board held at the expiration of the number of years for which
383-the member was elected and until his or her successor shall be
384-is elected.
385-(2)Nevertheless, all All members of the board shall
386385 169
387386 170
388387 171
389388 172
390389 173
391390 174
392391 175
393392 176
394393 177
395394 178
396395 179
397396 180
398397 181
399398 182
400399 183
401400 184
402401 185
403402 186
404403 187
405404 188
406405 189
407406 190
408407 191
409408 192
410409 193
411410 194
412411 195
413-196 SB95 Engrossed
412+196 SB95 INTRODUCED
414413 Page 8
414+elected as follows: Three members of the board shall be
415+elected for terms of one year, three for two years, and three
416+for three years. Each election thereafter, except elections to
417+fill unexpired terms or to reflect a contemporaneous increase
418+in the membership of the board, shall be for a term of three
419+years. In the case of an increase in the membership of the
420+board, the board members elected to reflect the increase shall
421+be elected for initial terms that result in an approximately
422+equal number of members of the board having terms expiring in
423+the same years, as the election committee shall determine. All
424+terms, however, shall extend through the annual meeting of the
425+board held at the expiration of the number of years for which
426+the member was elected and until his or her successor shall be
427+is elected.
415428 (2)Nevertheless, all All members of the board shall
416429 serve at the pleasure of the election committee.
417430 (3)In the event If it should be mathematically
418431 necessary in the election of the members of the board for more
419432 than one member of the board to be a duly qualified elector of
420433 the same municipality, then and in that event, one of the two
421434 members who are duly qualified electors of the same
422435 municipality shall be elected for an initial term of one year ;
423436 and, in the event . If there should be are four municipalities
424437 from which two duly qualified electors must be elected, one of
425438 the duly qualified electors of one of those four
426439 municipalities shall be elected for an initial term of two
427440 years; provided, however, that insofar as may be consistent
428441 with the foregoing provisions of this subsection, in the
429442 election of the first nine members of the board, the three
430-nominees receiving the highest number of votes shall be
431-elected to terms of three years, the three nominees receiving
432-the next highest number of votes shall be elected to terms of
433-two years, and the three nominees receiving the next highest
434-number of votes shall be elected to terms of one year. Any tie
435-votes shall be resolved by lot in a manner prescribed by the
436-election committee.
437-(4) Members of the election committee shall not be
438-eligible for membership on the board.
439-(5) The membership of the board shall be inclusive and
440-reflect the racial, gender, geographical, urban/rural urban,
441-rural, and economic diversity of the state.
442-(e) The first meeting of the board shall be held at the
443-same place and hour, on the first Thursday following the
444443 197
445444 198
446445 199
447446 200
448447 201
449448 202
450449 203
451450 204
452451 205
453452 206
454453 207
455454 208
456455 209
457456 210
458457 211
459458 212
460459 213
461460 214
462461 215
463462 216
464463 217
465464 218
466465 219
467466 220
468467 221
469468 222
470469 223
471-224 SB95 Engrossed
470+224 SB95 INTRODUCED
472471 Page 9
472+election of the first nine members of the board, the three
473+nominees receiving the highest number of votes shall be
474+elected to terms of three years, the three nominees receiving
475+the next highest number of votes shall be elected to terms of
476+two years, and the three nominees receiving the next highest
477+number of votes shall be elected to terms of one year. Any tie
478+votes shall be resolved by lot in a manner prescribed by the
479+election committee.
480+(4) Members of the election committee shall not be
481+eligible for membership on the board.
482+(5) The membership of the board shall be inclusive and
483+reflect the racial, gender, geographical, urban/rural urban,
484+rural, and economic diversity of the state.
485+(e) The first meeting of the board shall be held at the
473486 same place and hour, on the first Thursday following the
474487 second meeting of the election committee described in
475488 subsection subdivision (b)(1) of this section , to elect
476489 officers, decide upon a date, time, and place for its next
477490 meeting or meetings, and to proceed with the transaction of
478491 any business that may come before the board.
479492 (f) The first annual meeting of the board, which may be
480493 held without notice, shall be held on the anniversary date of
481494 the first meeting of the board. If the date set for the annual
482495 meeting of the board is a legal holiday, the annual meeting
483496 shall be held on the next secular day following. The date of
484497 subsequent annual meetings of the board may be changed by
485498 resolution of the board, and no notice, other than notice of
486499 the adoption of the resolution to any member of the board who
487500 was absent when it was adopted, shall be required for any
488-annual meeting. Notice of the adoption of a resolution
489-changing the date of the annual meeting of the board shall be
490-given to any member of the board who was absent when the
491-resolution was adopted by mailing a copy of the resolution to
492-each absent member of the board 10 days prior to the date set
493-for the annual meeting.
494-(g) Regular meetings of the board may be established by
495-resolution of the board, and no notice, other than notice of
496-the adoption of the resolution to any member of the board who
497-was absent when it was adopted, shall be required for any
498-regular meeting. Notice of the adoption of a resolution
499-establishing regular meetings of the board shall be given to
500-any member of the board who was absent when the resolution was
501-adopted by mailing a copy of the resolution to each absent
502501 225
503502 226
504503 227
505504 228
506505 229
507506 230
508507 231
509508 232
510509 233
511510 234
512511 235
513512 236
514513 237
515514 238
516515 239
517516 240
518517 241
519518 242
520519 243
521520 244
522521 245
523522 246
524523 247
525524 248
526525 249
527526 250
528527 251
529-252 SB95 Engrossed
528+252 SB95 INTRODUCED
530529 Page 10
530+was absent when it was adopted, shall be required for any
531+annual meeting. Notice of the adoption of a resolution
532+changing the date of the annual meeting of the board shall be
533+given to any member of the board who was absent when the
534+resolution was adopted by mailing a copy of the resolution to
535+each absent member of the board 10 days prior to the date set
536+for the annual meeting.
537+(g) Regular meetings of the board may be established by
538+resolution of the board, and no notice, other than notice of
539+the adoption of the resolution to any member of the board who
540+was absent when it was adopted, shall be required for any
541+regular meeting. Notice of the adoption of a resolution
542+establishing regular meetings of the board shall be given to
543+any member of the board who was absent when the resolution was
531544 adopted by mailing a copy of the resolution to each absent
532545 member of the board 10 days prior to the date of the regular
533546 meeting.
534547 (h) Special meetings of the board may be called by
535548 resolution of the board or by the chairman chair or
536549 vice-chairman vice chair or upon the written request of at
537550 least three members of the board.
538551 (i) Written notice of special meetings shall be mailed
539552 to each municipality contracting with the authority pursuant
540553 to Section 11-50A-17 and to each member of the board not less
541554 than three days prior to the date of any special meeting.
542555 Neither the business to be transacted at nor the purpose of a
543556 special meeting of the board need be specified in the notice
544557 of the meeting. Notice of a special meeting need only state
545558 the time and place of the meeting.
546-(j) Notice of a meeting of the board need not be given
547-to any member who signs a waiver of notice either before or
548-after the meeting. Attendance of a member at a meeting shall
549-constitute a waiver of notice of the meeting and a waiver of
550-any and all objections objection to the time or place of the
551-meeting or to the manner in which it has been called or
552-convened, except when a member states at the beginning of the
553-meeting any objection or objections to the transaction of
554-business. Neither the business to be transacted at nor the
555-purpose of any regular or special meeting of the board need be
556-specified in the waiver of notice of those meetings.
557-(k) Any vacancy in the membership of the board due to
558-the death, resignation, change of residence, or disability of
559-a member shall be filled by a new member to be elected by the
560559 253
561560 254
562561 255
563562 256
564563 257
565564 258
566565 259
567566 260
568567 261
569568 262
570569 263
571570 264
572571 265
573572 266
574573 267
575574 268
576575 269
577576 270
578577 271
579578 272
580579 273
581580 274
582581 275
583582 276
584583 277
585584 278
586585 279
587-280 SB95 Engrossed
586+280 SB95 INTRODUCED
588587 Page 11
588+the time and place of the meeting.
589+(j) Notice of a meeting of the board need not be given
590+to any member who signs a waiver of notice either before or
591+after the meeting. Attendance of a member at a meeting shall
592+constitute a waiver of notice of the meeting and a waiver of
593+any and all objections objection to the time or place of the
594+meeting or to the manner in which it has been called or
595+convened, except when a member states at the beginning of the
596+meeting any objection or objections to the transaction of
597+business. Neither the business to be transacted at nor the
598+purpose of any regular or special meeting of the board need be
599+specified in the waiver of notice of those meetings.
600+(k) Any vacancy in the membership of the board due to
601+the death, resignation, change of residence, or disability of
589602 a member shall be filled by a new member to be elected by the
590603 remaining members of the board to serve until the next meeting
591604 of the election committee. At the first meeting of the
592605 election committee following the filling of any vacancy, the
593606 election committee shall elect a member to fill the remainder,
594607 if any, of the unexpired term for which the vacancy was
595608 filled. Upon this election by the election committee, the
596609 membership on the board of the member elected to fill any
597610 vacancy by the remaining members of the board shall terminate.
598611 If any member of the board who is employed in any capacity in
599612 the management or operation of the electric distribution
600613 system of any municipality ceases to be so employed, the board
601614 member shall be deemed to have resigned membership on the
602615 board within the meaning of this subsection.
603616 (l) The board shall elect as officers of the authority
604-a chairman chair, a vice-chairman vice chair, a
605-secretary-treasurer, and any other officers which the board
606-from time to time may deem necessary. The chairman chair and
607-vice-chairman vice chair shall be elected from the membership
608-of the board. All officers shall serve for terms of one year
609-terminating at the next annual meeting of the board or until
610-their successors are elected and qualified.
611-(m) At all meetings of the board, the presence in
612-person of a majority of the members in office shall be
613-necessary for the transaction of business, and the affirmative
614-vote of a majority of the members present and voting at a
615-meeting where a quorum is present shall be necessary for any
616-action of the board. No vacancy in the membership of the board
617-shall impair the right of the majority to exercise all the
618617 281
619618 282
620619 283
621620 284
622621 285
623622 286
624623 287
625624 288
626625 289
627626 290
628627 291
629628 292
630629 293
631630 294
632631 295
633632 296
634633 297
635634 298
636635 299
637636 300
638637 301
639638 302
640639 303
641640 304
642641 305
643642 306
644643 307
645-308 SB95 Engrossed
644+308 SB95 INTRODUCED
646645 Page 12
646+(l) The board shall elect as officers of the authority
647+a chairman chair, a vice-chairman vice chair, a
648+secretary-treasurer, and any other officers which the board
649+from time to time may deem necessary. The chairman chair and
650+vice-chairman vice chair shall be elected from the membership
651+of the board. All officers shall serve for terms of one year
652+terminating at the next annual meeting of the board or until
653+their successors are elected and qualified.
654+(m) At all meetings of the board, the presence in
655+person of a majority of the members in office shall be
656+necessary for the transaction of business, and the affirmative
657+vote of a majority of the members present and voting at a
658+meeting where a quorum is present shall be necessary for any
659+action of the board. No vacancy in the membership of the board
647660 shall impair the right of the majority to exercise all the
648661 rights and perform all duties of the board. If at any meeting
649662 there is less than a majority present, a majority of those
650663 present may adjourn the meeting to a fixed time and place, and
651664 notice of that time and place shall be given in accordance
652665 with the provisions of subsection (i) of this section .
653666 (n)(1) Unless the board by an unanimous vote of all of
654667 the members thereof then serving shall so determine, the
655668 members of the board shall not be entitled to compensation for
656669 their services as directors or officers. If the board
657670 determines to provide for compensation, the authority may
658671 compensate its directors in the manner and amounts as shall be
659672 determined from time to time by the board not to exceed six
660673 hundred dollars ($600) per meeting of the board actually
661674 attended. Members of the board may be reimbursed by the
662-authority for their actual expenses properly incurred in the
663-performance of their duties. Members of the board of directors
664-shall serve without compensation, except that they shall be
665-reimbursed for actual expenses incurred in the performance of
666-their duties under this article, and, at the discretion of the
667-board of directors, they may be paid a director's fee not to
668-exceed one thousand seven hundred fifty dollars ($1,750) per
669-month in which the member actually attends a meeting.
670-(2) Notwithstanding subdivision (1), the chair of the
671-board shall serve without compensation, except that he or she
672-shall be reimbursed for actual expenses incurred in the
673-performance of his or her duties under this article, and, at
674-the discretion of the board, he or she may be paid a
675-director's fee not to exceed two thousand dollars ($2,000) per
676675 309
677676 310
678677 311
679678 312
680679 313
681680 314
682681 315
683682 316
684683 317
685684 318
686685 319
687686 320
688687 321
689688 322
690689 323
691690 324
692691 325
693692 326
694693 327
695694 328
696695 329
697696 330
698697 331
699698 332
700699 333
701700 334
702701 335
703-336 SB95 Engrossed
702+336 SB95 INTRODUCED
704703 Page 13
705-director's fee not to exceed two thousand dollars ($2,000) per
706-month in which the chair actually attends a meeting.
704+attended. Members of the board may be reimbursed by the
705+authority for their actual expenses properly incurred in the
706+performance of their duties. Members of the board of directors
707+shall serve without compensation, except that they shall be
708+reimbursed for actual expenses incurred in the performance of
709+their duties under this article, and, at the discretion of the
710+board of directors, they may be paid a monthly director's fee
711+not to exceed one thousand seven hundred fifty dollars
712+($1,750).
713+(2) Notwithstanding subdivision (1), the chair of the
714+board shall serve without compensation, except that he or she
715+shall be reimbursed for actual expenses incurred in the
716+performance of his or her duties under this article, and, at
717+the discretion of the board, he or she may be paid a monthly
718+director's fee not to exceed two thousand dollars ($2,000).
707719 (o) The authority shall keep suitable books and records
708720 of all its obligations, contracts, transactions, and
709721 undertakings, and of all its revenues and receipts of every
710722 nature and all expenditures of every kind.
711723 (p) The authority, together with all funds established
712724 in connection with its debt, shall be audited no less
713725 frequently than annually by an independent auditing and
714726 accounting firm to be selected and compensated by the
715727 authority. Copies of any audit shall be available upon request
716728 to interested parties, including , specifically but without
717729 limitation, the holders of bonds and all parties contracting
718730 with the authority."
719731 Section 2. This act shall become effective on January
720732 1, 2026.
721733 337
722734 338
723735 339
724736 340
725737 341
726738 342
727739 343
728740 344
729741 345
730742 346
731743 347
732744 348
733745 349
734746 350
735-351 SB95 Engrossed
736-Page 14
737-1, 2026.
738-Senate
739-Read for the first time and referred
740-to the Senate committee on Fiscal
741-Responsibility and Economic
742-Development
743-................05-Feb-25
744-Read for the second time and placed
745-on the calendar:
746- 1 amendment
747-................12-Feb-25
748-Read for the third time and passed
749-as amended
750-Yeas 32
751-Nays 0
752-Abstains 0
753-................18-Feb-25
754-Patrick Harris,
755-Secretary.
747+351
756748 352
757749 353
758750 354
759751 355
760752 356
761753 357
762754 358
763755 359
764756 360
765757 361
766758 362
767759 363
768760 364
769-365
770-366
771-367
772-368
773-369
774-370
775-371
776-372
777-373