HB95 By Representative Rich RFD Ways and Means General Fund Rd 1 04-FEB-20

SYNOPSIS: Under existing law, the Alabama Onsite Wastewater Board is responsible for examining, licensing, and regulating persons engaged in the manufacture, installation, or servicing of onsite sewage systems in the state.

This bill would delete the requirement that the board transfer certain unspent and unencumbered funds in the Alabama Onsite Wastewater Board Fund to the State General Fund at the end of each fiscal year.

This bill would increase the maximum administrative fine the board may impose for a violation of law or rule of the board or the Alabama Department of Public Health and would allow the board to recover actual court costs sustained as the result of a violation.

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.

A BILL TO BE ENTITLED AN ACT

To amend Sections 34-21A-6 and 34-21A-25, Code of Alabama 1975, relating to the Alabama Onsite Wastewater Board; to delete the requirement that the board transfer certain funds to the State General Fund at the end of each fiscal year; to increase the maximum fine allowed for violations from $1,000 to $5,000 per violation; to authorize the board to recover actual court costs sustained as the result of a violation; and in connection therewith would have as its purpose of 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-21A-6 and 34-21A-25 of the Code of Alabama 1975, are amended to read as follows:

§34-21A-6.

"(a) There is hereby established a separate special fund in the State Treasury to be known as the "Alabama Onsite Wastewater Board Fund." All receipts and monies collected under this chapter shall be deposited in the fund and used only to carry out the provisions of this chapter. The fund shall be disbursed only by warrant of the state Comptroller upon the State Treasury upon itemized vouchers approved by the executive director. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriation bill or other appropriation bills.

"(b) Any funds unspent and unencumbered at the end of each fiscal year that exceed 25 percent of the board's budget for the previous fiscal year shall be transferred to the State General Fund.

§34-21A-25.

"(a) Any person who undertakes or attempts to undertake the business of manufacturing, installing, servicing, cleaning, repairing, or maintaining any onsite sewage system or equipment without first having obtained and having possession of a current, valid license from the board or who knowingly presents or files false information with the board for the purpose of obtaining a license or otherwise fraudulently obtains a license, or who knowingly violates any provision of this chapter regulating the onsite sewage industry shall be guilty of a Class A misdemeanor, as defined by the state criminal code.

"(b) Whenever it appears to the board that an individual has violated or is about to violate this chapter, it the board may in its own name petition the circuit court of the county where the violation is occurring or is about to occur to issue a temporary restraining order or other appropriate injunctive relief enjoining the violation.

"(c) The board may reprimand in writing any licensee who provides substandard or dangerous service, repair, or installation or who otherwise violates this chapter.

"(d) The board may levy and collect an administrative fine not to exceed one thousand dollars ($1,000) five thousand dollars ($5,000) for each violation of this chapter or a rule, as amended, of the board or Alabama Department of Public Health rules pertaining to the manufacture, installation, servicing, cleaning, or maintenance of an onsite sewage system or portable toilets.

"(e) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person, firm, or corporation engaged in any activity, conduct, or practice constituting a violation of this chapter directing the person, firm, or corporation to immediately cease and desist from the activity, conduct, practice, or performance of any work then being done or about to be commenced. The order shall be issued in the name of the State of Alabama under the authority of the board. A person, firm, or corporation that does not comply with a cease and desist order shall be deemed in violation of this chapter and shall be subject to all disciplinary powers, penalties, fines, and remedies available to the board.

"(f) In addition to any administrative fine, the board may recover any interest and costs of hearing sustained within the state as the result of the conduct of any licensee or other person who violates this chapter or the rules of the board or the Alabama Department of Public Health."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Boards and Commissions

Professional Licensing Boards

Onsite Wastewater Board

General Fund

Code Amended