1 SB265 2 217543-1 3 By Senator Smitherman 4 RFD: Finance and Taxation General Fund 5 First Read: 01-MAR-22 Page 0 1 217543-1:n:02/14/2022:HB/ma LSA2022-470 2 3 4 5 6 7 8 9 A BILL 10 TO BE ENTITLED 11 AN ACT 12 13 Relating to Jefferson County; to amend Section 14 45-37-82.01, Code of Alabama 1975, to provide for the 15 appointment of additional assistant district attorneys in the 16 Tenth Judicial Circuit, Bessemer Division. 17 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 18 Section 1. Section 45-37-82.01, Code of Alabama 19 1975, is amended to read as follows: 20 "ยง45-37-82.01. 21 "(a) In the Tenth Judicial Circuit, Bessemer 22 Division, the elected assistant district attorney of the 23 circuit may appoint 15 16 deputy district attorneys. The 24 deputy district attorneys appointed pursuant to this section 25 shall be qualified to practice law in the courts of this 26 state, and shall serve at the pleasure of the appointing 27 elected assistant district attorney. The deputy district Page 1 1 attorneys shall be state officers and shall perform the duties 2 in the circuit as the elected assistant district attorney may 3 require. 4 "(b) The elected assistant district attorney may 5 designate one deputy district attorney to serve as chief 6 deputy district attorney, four deputy district attorneys to 7 serve as Level I deputy district attorneys, five deputy 8 district attorneys to serve as Level II deputy district 9 attorneys, and five six deputy district attorneys to serve as 10 Level III deputy district attorneys. 11 "(c) The total annual compensation to be received by 12 each deputy district attorney shall be computed by the use of 13 levels and steps. Levels shall refer to the amount of legal 14 experience which each deputy district attorney had at the time 15 of appointment to the office. It is intended to entitle an 16 attorney with applicable legal experience to commence the 17 office at a higher rate of pay than one who has less 18 applicable legal experience. Steps shall refer to the amount 19 of time that the deputy district attorney has served in the 20 office as deputy district attorney or the length of time that 21 the officer shall continue. It is intended by this provision 22 to allow periodic increases in pay as incentive for the 23 officer to continue to serve in the office; however, the 24 elected assistant district attorney shall have the authority 25 to designate the level and step, at the time of appointment, 26 of any appointed deputy district attorneys authorized by this 27 section. Page 2 1 "(d) The annual compensation to be paid the chief 2 deputy district attorney, one deputy district attorney 3 designated as Level I deputy district attorney, one deputy 4 district attorney designated as Level II deputy district 5 attorney, and one deputy district attorney designated as Level 6 III deputy district attorney shall be as provided in the 7 schedule of salaries set out in subsection (g). Of the total 8 annual compensation to be paid each of the four deputy 9 district attorneys, each shall be paid an annual salary by the 10 State of Alabama of twelve thousand nine hundred dollars 11 ($12,900), payable from the general funds of the state in 12 equal installments as the salaries of other state officers are 13 paid. The remainder of the annual compensation as provided in 14 the schedule of salaries set out in subsection (g), of each of 15 the four deputy district attorneys, shall be paid by the 16 county within the Tenth Judicial Circuit, which sum shall be 17 paid from the general funds of the county, in equal 18 semimonthly installments as the salaries of other county 19 officers are paid. 20 "(e) The annual compensation to be paid to three 21 deputy district attorneys designated as Level I deputy 22 district attorneys, four deputy district attorneys designated 23 as Level II deputy district attorneys, and four five deputy 24 district attorneys designated as Level III deputy district 25 attorneys shall be as provided in the schedule of salaries set 26 out in subsection (g). The compensation shall be paid by the 27 county within the Tenth Judicial Circuit, which sum shall be Page 3 1 paid from the general funds of the county, in equal 2 semimonthly installments as the salaries of other officers are 3 paid. 4 "(f) The deputy district attorneys appointed by the 5 elected assistant district attorney to serve in the positions 6 identified in subsection (b) shall be compensated at the rate 7 consistent with their appointment in accordance with the 8 schedule of salaries set out by subsection (g). Thereafter, 9 increases in compensation for each deputy district attorney 10 may be made annually within the grade scale set out in the 11 schedule of salaries in subsection (g), provided the 12 performance of the deputy district attorney has been 13 satisfactory to the elected assistant district attorney. The 14 elected assistant district attorney shall also have the 15 authority to assign any of the deputy district attorneys to 16 the Level I, Level II, and Level III positions as the elected 17 assistant district attorney deems appropriate, within the 18 limitations of subsection (b). 19 "(g) The schedule of salaries, referred to below, 20 consisting of levels and steps, shall be as follows: Attorneys21 Chief Level I Level II Level III Step 122 103,000 78,000 57,500 38,000 Step 223 105,000 80,000 59,000 39,500 Step 324 107,000 82,000 60,500 41,000 Step 425 109,000 84,000 62,000 42,500 Page 4 Step 51 111,000 86,000 63,500 44,000 Step 62 113,000 88,000 65,000 45,500 Step 73 115,000 90,000 66,500 47,000 Step 84 117,000 92,000 68,000 48,500 Step 95 119,000 94,000 69,500 50,000 Step 106 121,000 96,000 71,000 51,500 Step 117 123,000 98,000 72,500 53,000 Step 128 125,000 100,000 74,000 54,500 "(h) The compensation provided by this section shall9 10 become effective on October 1, 1997. The county governing body 11 of the county or counties within the Tenth Judicial Circuit 12 may increase the compensation payable by the county or 13 counties within the Tenth Judicial Circuit as provided in the 14 schedule of salaries at any time by resolution of the 15 governing body. Upon passage of the resolution, the additional 16 compensation shall be paid from the general funds of the 17 county in semimonthly installments as the salaries of other 18 county officers are paid." 19 Section 2. This act shall become effective on the 20 first day of the third month following its passage and 21 approval by the Governor, or its otherwise becoming law. Page 5