SB103 Alabama 2010 Session

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

Relating to the Alabama Onsite Wastewater Board; to amend Sections 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, and 34-21A-25, Code of Alabama 1975, to provide further for the definition and use of certain terms and for board membership, member compensation, and a replacement process for certain board members, the types of licenses issued, exempted property owners, the application process for licensure, the license review process, disciplinary powers of the board, the appeals procedure, the requirement of holding a financial assurance bond for certain licensees, and increased penalties for violators; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.