Alabama 2023 Regular Session

Alabama House Bill HB435 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB435ENROLLED~~
	1	+	HB435INTRODUCED
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3		-	ODYZJJ-2
	3	+	ODYZJJ-1
4	4		By Representative Lomax
5	5		RFD: Ways and Means General Fund
6	6		First Read: 04-May-23
7	7		2023 Regular Session
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12		-	5 HB435 EnrolledHB435 Enrolled
	12	+	5
	13	+	6 ODYZJJ-1 04/18/2023 ANS (L)cr 2023-1455
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14		-	Enrolled, An Act,
15		-	Relating to elections; to amend Section 17-8-12, Code
16		-	of Alabama 1975, to increase the supplemental compensation
17		-	paid to election inspectors and clerks; and in connection
18		-	therewith would have as its purpose or effect the requirement
19		-	of a new or increased expenditure of local funds within the
20		-	meaning of Section 111.05 of the Constitution of Alabama of
21		-	2022.
22		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	Section 1. Section 17-8-12, Code of Alabama 1975, is
24		-	amended to read as follows:
25		-	"§17-8-12
26		-	(a) The inspector and clerks shall each be entitled to
27		-	base compensation of fifty dollars ($50). The compensation of
28		-	the election officials shall be paid as preferred claims, out
29		-	of monies in the county treasury not appropriated, on proper
30		-	proof of service rendered. In all counties in which the
31		-	compensation of precinct election officials is prescribed by
32		-	local law or general law of local application at an amount in
33		-	excess of the amount prescribed, the compensation of the
34		-	precinct election officials shall not be decreased under this
35		-	section and the county commission may increase the
36		-	compensation so prescribed. In those counties in which
37		-	compensation of precinct election officials is set at an
38		-	amount in excess of five dollars ($5) per day, but less than
39		-	fifty dollars ($50) per day, the provision of the local law or
	15	+	SYNOPSIS:
	16	+	Under existing law, election inspectors and
	17	+	clerks are entitled to a base compensation of $50
	18	+	dollars.
	19	+	Also under existing law, election inspectors are
	20	+	entitled to supplemental compensation in an amount to
	21	+	ensure that each inspector is compensated in an amount
	22	+	of at least $100 per day and election clerks are
	23	+	entitled to supplemental compensation in an amount to
	24	+	ensure that each clerk is compensated in an amount of
	25	+	at least $75 per day.
	26	+	This bill would increase the supplemental
	27	+	compensation paid to election inspectors and clerks.
	28	+	Section 111.05 of the Constitution of Alabama of
	29	+	2022, prohibits a general law whose purpose or effect
	30	+	would be to require a new or increased expenditure of
	31	+	local funds from becoming effective with regard to a
	32	+	local governmental entity without enactment by a 2/3
	33	+	vote unless: it comes within one of a number of
	34	+	specified exceptions; it is approved by the affected
	35	+	entity; or the Legislature appropriates funds, or
	36	+	provides a local source of revenue, to the entity for
	37	+	the purpose.
	38	+	The purpose or effect of this bill would be to
	39	+	require a new or increased expenditure of local funds
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67		-	28 HB435 ~~EnrolledHB435 Enrolled~~
	67	+	28 HB435 INTRODUCEDHB435 INTRODUCED
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69		-	general law of local application relative thereto is
70		-	superseded and the compensation prescribed herein shall be the
71		-	total compensation of precinct election officials in the
72		-	counties.
73		-	(b) In addition to the compensation provided in
74		-	subsection (a), each clerk shall be entitled to supplemental
75		-	compensation paid by the state to ensure that the total
76		-	compensation paid to each shall be in an amount of at least
77		-	seventy-five dollars ($75) one hundred twenty-five dollars
78		-	($125) per day, and each inspector shall be entitled to
79		-	supplemental compensation paid by the state in an amount that
80		-	ensures that the total compensation of an inspector is at
81		-	least one hundred fifty dollars ($100)($150) per day. Upon
82		-	completion of a local election school or being certified as a
83		-	qualified precinct election official by the judge of probate,
84		-	or both, each clerk and inspector shall be entitled to receive
85		-	an additional twenty-five dollars ($25) per day in
86		-	compensation from the state. The increase provided for in this
87		-	subsection shall not increase or decrease any salary
88		-	supplement paid under a local law which is in effect on
89		-	October 1, 2005October 1, 2022. This subsection shall only
90		-	apply to those statewide elections for which county expenses
91		-	are reimbursed by the state as defined in Chapter 16. This
92		-	subsection shall not apply to special county or other
93		-	elections held at any time other than at the time of holding
94		-	statewide elections."
95		-	Section 2. The purpose or effect of this bill would be
96		-	to require a new or increased expenditure of local funds
	69	+	within the meaning of the amendment. If this bill is
	70	+	not enacted by a 2/3 vote, it will not become effective
	71	+	with regard to a local entity unless approved by the
	72	+	local entity or until, and only as long as, the
	73	+	Legislature appropriates funds or provides for a local
	74	+	source of revenue.
	75	+	A BILL
	76	+	TO BE ENTITLED
	77	+	AN ACT
	78	+	Relating to elections; to amend Section 17-8-12, Code
	79	+	of Alabama 1975, to increase the supplemental compensation
	80	+	paid to election inspectors and clerks; and in connection
	81	+	therewith would have as its purpose or effect the requirement
	82	+	of a new or increased expenditure of local funds within the
	83	+	meaning of Section 111.05 of the Constitution of Alabama of
	84	+	2022.
	85	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	86	+	Section 1. Section 17-8-12, Code of Alabama 1975, is
	87	+	amended to read as follows:
	88	+	"§17-8-12
	89	+	(a) The inspector and clerks shall each be entitled to
	90	+	base compensation of fifty dollars ($50). The compensation of
	91	+	the election officials shall be paid as preferred claims, out
	92	+	of monies in the county treasury not appropriated, on proper
	93	+	proof of service rendered. In all counties in which the
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124		-	56 HB435 ~~EnrolledHB435 Enrolled~~
	121	+	56 HB435 INTRODUCEDHB435 INTRODUCED
125	122		Page 3
126		-	within the meaning of Section 111.05 of the Constitution of
127		-	Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
128		-	will not become effective with regard to a local entity unless
129		-	approved by the local entity or until, and only as long as,
130		-	the Legislature appropriates funds or provides for a local
131		-	source of revenue.
132		-	Section 3. This act shall become effective on the first
133		-	day of the third month following its passage and approval by
134		-	the Governor, or its otherwise becoming law.
	123	+	compensation of precinct election officials is prescribed by
	124	+	local law or general law of local application at an amount in
	125	+	excess of the amount prescribed, the compensation of the
	126	+	precinct election officials shall not be decreased under this
	127	+	section and the county commission may increase the
	128	+	compensation so prescribed. In those counties in which
	129	+	compensation of precinct election officials is set at an
	130	+	amount in excess of five dollars ($5) per day, but less than
	131	+	fifty dollars ($50) per day, the provision of the local law or
	132	+	general law of local application relative thereto is
	133	+	superseded and the compensation prescribed herein shall be the
	134	+	total compensation of precinct election officials in the
	135	+	counties.
	136	+	(b) In addition to the compensation provided in
	137	+	subsection (a), each clerk shall be entitled to supplemental
	138	+	compensation paid by the state to ensure that the total
	139	+	compensation paid to each shall be in an amount of at least
	140	+	seventy-five dollars ($75) one hundred twenty-five dollars
	141	+	($125) per day, and each inspector shall be entitled to
	142	+	supplemental compensation paid by the state in an amount that
	143	+	ensures that the total compensation of an inspector is at
	144	+	least one hundred fifty dollars ($100)($150) per day. Upon
	145	+	completion of a local election school or being certified as a
	146	+	qualified precinct election official by the judge of probate,
	147	+	or both, each clerk and inspector shall be entitled to receive
	148	+	an additional twenty-five dollars ($25) per day in
	149	+	compensation from the state. The increase provided for in this
	150	+	subsection shall not increase or decrease any salary
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145		-	________________________________________________
146		-	Speaker of the House of Representatives
147		-	________________________________________________
148		-	President and Presiding Officer of the Senate
149		-	House of Representatives
150		-	I hereby certify that the within Act originated in and
151		-	was passed by the House 23-May-23.
152		-	John Treadwell
153		-	Clerk
154		-	Senate 06-Jun-23 Passed
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	178	+	84 HB435 INTRODUCEDHB435 INTRODUCED
	179	+	Page 4
	180	+	supplement paid under a local law which is in effect on
	181	+	October 1, 2005October 1, 2022. This subsection shall only
	182	+	apply to those statewide elections for which county expenses
	183	+	are reimbursed by the state as defined in Chapter 16. This
	184	+	subsection shall not apply to special county or other
	185	+	elections held at any time other than at the time of holding
	186	+	statewide elections."
	187	+	Section 2. The purpose or effect of this bill would be
	188	+	to require a new or increased expenditure of local funds
	189	+	within the meaning of Section 111.05 of the Constitution of
	190	+	Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
	191	+	will not become effective with regard to a local entity unless
	192	+	approved by the local entity or until, and only as long as,
	193	+	the Legislature appropriates funds or provides for a local
	194	+	source of revenue.
	195	+	Section 3. This act shall become effective on the first
	196	+	day of the third month following its passage and approval by
	197	+	the Governor, or its otherwise becoming law.
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