1 SB265 2 217543-2 3 By Senator Smitherman 4 RFD: Finance and Taxation General Fund 5 First Read: 01-MAR-22 Page 0 SB265 1 SB265 2 3 4 ENROLLED, An Act, 5 Relating to Jefferson County; to amend Section 6 45-37-82.01, Code of Alabama 1975, to provide for the 7 appointment of additional assistant district attorneys in the 8 Tenth Judicial Circuit, Bessemer Division. 9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 10 Section 1. Section 45-37-82.01, Code of Alabama 11 1975, is amended to read as follows: 12 "ยง45-37-82.01. 13 "(a) In the Tenth Judicial Circuit, Bessemer 14 Division, the elected assistant district attorney of the 15 circuit may appoint 15 16 deputy district attorneys. The 16 deputy district attorneys appointed pursuant to this section 17 shall be qualified to practice law in the courts of this 18 state, and shall serve at the pleasure of the appointing 19 elected assistant district attorney. The deputy district 20 attorneys shall be state officers and shall perform the duties 21 in the circuit as the elected assistant district attorney may 22 require. 23 "(b) The elected assistant district attorney may 24 designate one deputy district attorney to serve as chief 25 deputy district attorney, four deputy district attorneys to Page 1 SB265 1 serve as Level I deputy district attorneys, five deputy 2 district attorneys to serve as Level II deputy district 3 attorneys, and five six deputy district attorneys to serve as 4 Level III deputy district attorneys. 5 "(c) The total annual compensation to be received by 6 each deputy district attorney shall be computed by the use of 7 levels and steps. Levels shall refer to the amount of legal 8 experience which each deputy district attorney had at the time 9 of appointment to the office. It is intended to entitle an 10 attorney with applicable legal experience to commence the 11 office at a higher rate of pay than one who has less 12 applicable legal experience. Steps shall refer to the amount 13 of time that the deputy district attorney has served in the 14 office as deputy district attorney or the length of time that 15 the officer shall continue. It is intended by this provision 16 to allow periodic increases in pay as incentive for the 17 officer to continue to serve in the office; however, the 18 elected assistant district attorney shall have the authority 19 to designate the level and step, at the time of appointment, 20 of any appointed deputy district attorneys authorized by this 21 section. 22 "(d) The annual compensation to be paid the chief 23 deputy district attorney, one deputy district attorney 24 designated as Level I deputy district attorney, one deputy 25 district attorney designated as Level II deputy district Page 2 SB265 1 attorney, and one deputy district attorney designated as Level 2 III deputy district attorney shall be as provided in the 3 schedule of salaries set out in subsection (g). Of the total 4 annual compensation to be paid each of the four deputy 5 district attorneys, each shall be paid an annual salary by the 6 State of Alabama of twelve thousand nine hundred dollars 7 ($12,900), payable from the general funds of the state in 8 equal installments as the salaries of other state officers are 9 paid. The remainder of the annual compensation as provided in 10 the schedule of salaries set out in subsection (g), of each of 11 the four deputy district attorneys, shall be paid by the 12 county within the Tenth Judicial Circuit, which sum shall be 13 paid from the general funds of the county, in equal 14 semimonthly installments as the salaries of other county 15 officers are paid. 16 "(e) The annual compensation to be paid to three 17 deputy district attorneys designated as Level I deputy 18 district attorneys, four deputy district attorneys designated 19 as Level II deputy district attorneys, and four five deputy 20 district attorneys designated as Level III deputy district 21 attorneys shall be as provided in the schedule of salaries set 22 out in subsection (g). The compensation shall be paid by the 23 county within the Tenth Judicial Circuit, which sum shall be 24 paid from the general funds of the county, in equal Page 3 SB265 1 semimonthly installments as the salaries of other officers are 2 paid. 3 "(f) The deputy district attorneys appointed by the 4 elected assistant district attorney to serve in the positions 5 identified in subsection (b) shall be compensated at the rate 6 consistent with their appointment in accordance with the 7 schedule of salaries set out by subsection (g). Thereafter, 8 increases in compensation for each deputy district attorney 9 may be made annually within the grade scale set out in the 10 schedule of salaries in subsection (g), provided the 11 performance of the deputy district attorney has been 12 satisfactory to the elected assistant district attorney. The 13 elected assistant district attorney shall also have the 14 authority to assign any of the deputy district attorneys to 15 the Level I, Level II, and Level III positions as the elected 16 assistant district attorney deems appropriate, within the 17 limitations of subsection (b). 18 "(g) The schedule of salaries, referred to below, 19 consisting of levels and steps, shall be as follows: Attorneys20 Chief Level I Level II Level III Step 121 103,000 78,000 57,500 38,000 Step 222 105,000 80,000 59,000 39,500 Step 323 107,000 82,000 60,500 41,000 Page 4 SB265 Step 41 109,000 84,000 62,000 42,500 Step 52 111,000 86,000 63,500 44,000 Step 63 113,000 88,000 65,000 45,500 Step 74 115,000 90,000 66,500 47,000 Step 85 117,000 92,000 68,000 48,500 Step 96 119,000 94,000 69,500 50,000 Step 107 121,000 96,000 71,000 51,500 Step 118 123,000 98,000 72,500 53,000 Step 129 125,000 100,000 74,000 54,500 "(h) The compensation provided by this section shall10 11 become effective on October 1, 1997. The county governing body 12 of the county or counties within the Tenth Judicial Circuit 13 may increase the compensation payable by the county or 14 counties within the Tenth Judicial Circuit as provided in the 15 schedule of salaries at any time by resolution of the 16 governing body. Upon passage of the resolution, the additional 17 compensation shall be paid from the general funds of the 18 county in semimonthly installments as the salaries of other 19 county officers are paid. 20 (i) On or after the effective date of this act 21 adding this amendatory language, subject to approval by the 22 Jefferson County Commission, an additional deputy district Page 5 SB265 1 attorney designated as a Level III deputy district attorney, 2 shall be appointed and compensated in accordance with this 3 section." 4 Section 2. This act shall become effective on the 5 first day of the third month following its passage and 6 approval by the Governor, or its otherwise becoming law. Page 6 SB265 1 2 3 4 President and Presiding Officer of the Senate 5 6 Speaker of the House of Representatives SB2657 8 Senate 31-MAR-22 9 I hereby certify that the within Act originated in and passed 10 the Senate. 11 12 Patrick Harris, 13 Secretary. 14 15 16 17 House of Representatives 18 Amended and passed 07-APR-22 19 20 21 Senate concurred in House amendment 07-APR-22 22 23 24 By: Senator Smitherman Page 7