HB586 Alabama 2010 Session

Summary

Primary Sponsor

Howard Sanderford

Republican

Session

Regular Session 2010

Title

Onsite Wastewater Board, membership, definitions, classes of licenses, application and issuance procedures, records, disciplinary powers, penalties increased, Secs. 34-21A-1, 34-21A-2, 34-21A-3, 34-21A-4, 34-21A-7, 34-21A-10, 34-21A-12, 34-21A-13, 34-21A-14, 34-21A-15, 34-21A-16, 34-21A-17, 34-21A-21, 34-21A-22, 34-21A-24, 34-21A-25 am'd.

Description

Currently, the Alabama Onsite Wastewater Board licenses and regulates onsite wastewater systems.

This bill would provide further for the definition and use of terms; would provide further for the appointment of board membership, compensation of members, and replacement of certain members; would provide further for classes of licenses issued by the board; would provide further for service of process for certain licensee information; would provide further for applications, qualifications, the licensing of applicants, and notices of examination dates; would provide further for exemptions of certain owners of property from licensure; would require certain licensees to keep a current financial assurance bond; would allow the board certain increased disciplinary powers and administrative fine powers; would further provide for the appeal procedure; and would increase criminal penalties for license violations or unlicensed practices.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Onsite Wastewater Board