SB422 Alabama 2019 Session

This bill would provide for the reorganization of any water works board which has assets in four or more counties or serves water customers in four or more counties other than the municipality where the water works board was organized

Relating to certain water works board authorized to be incorporated by a municipality and, which other than the municipality where organized, either has assets in four or more counties or serves water customers in four or more counties; to amend Sections 11-50-301, 11-50-302, and 11-50-303, Code of Alabama 1975, to provide for the reorganization of the board. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 11-50-301, 11-50-302, and 11-50-303 of the Code of Alabama 1975, are amended to read as follows: "§11-50-301. "(a) Effective January 1, 2017, the water works board shall be reorganized and composed of the following members: "(1) Two of the members shall be appointed by the mayor of the authorizing municipality and four of the members shall be appointed by the municipal governing body of the authorizing municipality. All of these members shall be residents of the authorizing municipality and water customers of the board. "(2) One additional board member shall be appointed by the association of mayors in the county where the authorizing municipality is located if there is an organized incorporated countywide association of mayors or by the mayors of the county acting jointly if not. This member shall hereafter be referred to as the board member appointed by the association of mayors. The board member shall reside outside of the corporate limits of the authorizing municipality and shall be a resident of the county where the authorizing municipality is principally located and be a water customer of the board. Notwithstanding any other provision of this division, the person appointed as a board member by the association of mayors may only serve one full term on the board. "(3) One additional board member shall be appointed by the county commission of each county other than the county where the authorizing municipality is principally located where more than 5,000 water customers are served by the board or where the board owns a major reservoir located entirely within the county. Each board member shall be a resident of the county making the appointment. "(b) Notwithstanding subsection (a), effective July 1, 2019, the water works board shall be reorganized and composed of the following members: "(1) One of the members shall be appointed by the mayor of the authorizing municipality, whose initial term shall be for four years and thereafter his or her term shall be for four years. Three of the members shall be appointed by the municipal governing body of the authorizing municipality. The first term of two of the appointments by the municipal governing body of the authorizing municipality shall be for two years and thereafter the term of these board members shall be four years. The first term of the other appointment by the municipal governing body of the authorizing municipality shall be for four years and thereafter his or her term shall be for four years. All of these members appointed by the mayor of the authorizing municipality or the municipal governing body of the authorizing municipality shall be residents of the authorizing municipality and water customers of the board. "(2) Three additional board members shall be appointed by the association of mayors in the county where the authorizing municipality is located if there is an organized incorporated countywide association of mayors or by the mayors of the county acting jointly if not. These members shall hereafter be referred to as the board members appointed by the association of mayors. The first term of one member appointed by the association of mayors shall be for three years and thereafter the term shall be for four years. The first term of the other two members appointed by the association of mayors shall be for four years and thereafter the terms shall be for four years. The board members appointed by the association of mayors shall reside outside of the corporate limits of the authorizing municipality and shall be residents of the county where the authorizing municipality is principally located and be water customers of the board. "(3) One additional board member shall be appointed by the county commission of each county other than the county where the authorizing municipality is principally located where more than 5,000 water customers are served by the board or where the board owns a major reservoir located entirely within the county. Any member appointed by a county commission shall have a first term of three years and thereafter the term shall be for fours years. Each board member shall be a resident of the county making the appointment. "(4) In making the above appointments to the board pursuant to this subsection, the respective appointing authorities shall appoint members with the necessary experience, qualifications, and education to appropriately carry out their duties. The experience, qualifications, and education shall include, but shall not be limited to, persons possessing a four-year college degree or higher degrees, persons who are licensed physicians, persons who are licensed members in good standing with the Alabama State Bar, persons who are licensed professional engineers, persons who are licensed certified public accountants, persons who have prior service on corporate or non-profit boards, and persons who have experience in the water industry. "§11-50-302. "(1) Except as otherwise provided in this division, after May 14, 2015, the term of members of the board shall be four years. "(2) A person appointed to fill a vacancy on the board shall serve the remainder of the term of the vacant seat. "(3) Except as provided herein, a member of the board may not be appointed to more than two full terms, including, as provided herein, any board member serving when this division becomes applicable to the board. A board member who has been appointed to two full terms on the board prior to this division becoming applicable to the board may not be appointed to an additional term and a board member who has been appointed to one full term prior to this division becoming applicable to the board may be appointed to one additional term on the board. All board members shall continue to serve until a successor is appointed and qualified. "(4) Any board member serving on the effective date of the act adding this subdivision may be appointed to a new term as provided in subsection (b) of Section 11-50-301 by his or her appointing authority. "§11-50-303. "(a) Notwithstanding any other provision of law, including Section 11-50-234.1, no member of the board may receive any compensation that exceeds one thousand dollars ($1,000) per month. In addition, the members shall be entitled to any additional personal expenses for the member only or expense allowance for personal travel or other personal expenses for the member related to the duties of their his or her office upon approval by a roll call vote of a majority of the board members in an open meeting of the board. No member of the board may be reimbursed for any expenditure for alcoholic beverages or entertainment. Records relating to each expense voucher shall