Bill Summary – FastDemocracy

 HB222
 208791-1
 By Representative Ledbetter
 RFD: County and Municipal Government
 First Read: 02-FEB-21
 PFD: 01/29/2021
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  208791-1:n:12/02/2020:LK/bm LSA2020-2324
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  SYNOPSIS:          Under Chapter 7 of Title 39, Code of Alabama
              1975, the residents of a municipality, or a portion
             of the unincorporated area of a county or counties
             which has at least 250 registered voters, by
             petition and election, may form an improvement
             authority for the purposes of providing utility
             services to the area served. The term of a member
             of the board of trustees of the improvement
             authority is three years. Also under existing law,
             a member of the board of trustees may not hold any
             public office under the municipality.
                    This bill would provide that the term of
             office of any future appointee to the board of
             trustees of an improvement authority incorporated
             under Chapter 7 of Title 39, Code of Alabama 1975,
             would be six years.
                    This bill would also provide that one member
             of the governing body of a municipality where an
             improvement authority has been incorporated under
             Chapter 7 of Title 39, Code of Alabama 1975, may be
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                appointed to the board of trustees of the
                authority.
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                                 A BILL
                             TO BE ENTITLED
                                 AN ACT
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               Relating to improvement authorities incorporated
  under Chapter 7 of Title 39, Code of Alabama 1975; to amend
 Sections 39-7-14 and 39-7-15, Code of Alabama 1975, to provide
 for the term of office for members of the boards of trustees
 of the authorities; and to authorize the appointment of one
 member of the governing body of a municipality to the boards
 of trustees of the authorities.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
              Section 1. Sections 39-7-14 and 39-7-15, Code of
 Alabama 1975, are amended to read as follows:
              "39-7-14.
              "(a) Each improvement authority shall have a board
 of trustees consisting of not more than five members that are
 qualified electors residing in the area serviced by the
 authority.
              "(b) When the authority is composed of an
 incorporated city or town, the trustees shall be appointed by
 the governing body of the city or town. When the authority is
 composed in whole or in part of the inhabitants of an
 unincorporated area, the governing body of the county in which
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  the area is composed appoints the trustees. In the event the
  unincorporated area is composed of parts of different
  counties, the Governor of the state shall appoint the board.
  All vacancies on the board shall be filled by the proper
  authority designated in this section. The first appointment of
  the members of the board shall be made not later than 30 days
  after the improvement authority becomes an incorporation as
  provided for in this chapter.
            "(c)(1) The term of the office of the members of the
 board shall be one, two, and three years respectively dating
 from January 1 of the year in which the appointments are made.
 Thereafter the terms of office of the members are for three
 years.
           "(2) Notwithstanding subdivision (1), the term of
 office of any member of the board appointed after the
 effective date of the act adding this amendatory language
 shall be six years.
           "(3) Members shall hold office until their
 successors are appointed and qualify. An appointment to fill a
 vacancy shall be for the unexpired term.
           "(d) The appointing authority may remove any member
 within the term for which he or she shall have been appointed,
 after giving a copy of the charges against the member and an
 opportunity to be heard in his or her defense. The action of
 the appointing authority shall be final and nonreviewable.
           "39-7-15.
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           "The One member of the governing body of the
 municipality may be appointed to the board. The remaining
 members of the board shall not hold any public office under
 the municipality."
           Section 2. This act shall become effective
 immediately following its passage and approval by the
 Governor, or its otherwise becoming law.
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Statutes affected: 
Introduced: 39-7-14, 39-7-15