SB154INTRODUCED
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SB154
52XY6MM-1
By Senator Albritton
RFD: Finance and Taxation General Fund
First Read: 21-Feb-24
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5 52XY6MM-1 02/16/2024 FC (L)ma 2024-694
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First Read: 21-Feb-24
SYNOPSIS:
This bill would relate to the compensation of
the sheriff of a Category 1 or Category 2 county under
the provisions of Chapter 2A of Title 11 of the Code of
Alabama 1975, commonly known as the Omnibus Pay Act.
The bill would authorize the county commission
in a Category 1 or Category 2 county to increase the
salary of the sheriff of the county effective beginning
the next term of office of the sheriff under certain
conditions.
A BILL
TO BE ENTITLED
AN ACT
Relating to the compensation of the sheriff in any
Category 1 or Category 2 county under the provisions of
Chapter 2A of Title 11, Code of Alabama 1975, commonly known
as the Omnibus Pay Act; to amend Section 11-2A-2 of the Code
of Alabama 1975, to authorize the county commission of a
Category 1 or Category 2 county to increase the salary of the
sheriff effective beginning the next term of office under
certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-2A-2 of the Code of Alabama 1975,
is amended to read as follows:
"ยง11-2A-2
Effective October 1, 2000, the annual compensation
which a county shall pay to a county commissioner, a judge of
probate, a sheriff, a tax assessor, a tax collector, a revenue
commissioner, a license commissioner, and an elected assistant
tax assessor or collector shall be as set out below:
(1) SHERIFF. a. The annual minimum compensation for
each sheriff shall be fifty thousand dollars ($50,000) which
shall be in lieu of any salary and expense allowance currently
provided to a sheriff receiving total compensation less than
the minimum. Beginning with the next term of office for each
sheriff, except as provided in Section 11-2A-4, the salary
herein provided shall be the minimum compensation payable to
the sheriff in lieu of any salary, expense allowance, or other
compensation provided by law.
b. In addition to any other provision of this chapter
or any other law relating to the salary of the sheriff of a
Category 1 or Category 2 county, the county commission of a
Category 1 or Category 2 county may increase the salary of the
sheriff of the county effective beginning the next term of
office of the sheriff not less than three months prior to the
beginning of qualifying for the party primary election.
(2) COUNTY COMMISSIONERS AND JUDGES OF PROBATE. The
annual minimum compensation for county commissioners and
judges of probate in Categories 1 and 2 shall be as provided
by local law. Except as otherwise provided in this chapter and
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by local law. Except as otherwise provided in this chapter and
subject to the provisions of Section 11-2A-4, the annual
compensation for county commissioners and judges of probate in
Category 3 shall be increased by 20 percent effective October
1, 2001, if the compensation, including expense allowance, of
the office has not been increased by other general or local
law during the period from October 1, 1996, to October 1,
2001; the annual minimum compensation for county commissioners
and judges of probate in Category 4 shall be that amount
prescribed by general law on September 30, 2000, plus a 20
percent increase; the annual minimum compensation for county
commissioners and judges of probate in Category 5 shall be
that amount prescribed by general law on September 30, 2000,
plus a 17 percent increase; and the annual minimum
compensation for county commissioners and judges of probate in
Category 6 shall be that amount prescribed by general law on
September 30, 2000, plus a 15 percent increase.
(3) TAX ASSESSORS, TAX COLLECTORS, REVENUE
COMMISSIONERS, LICENSE COMMISSIONERS, AND ELECTED ASSISTANT
TAX COLLECTORS OR ASSESSORS.
a. On and after June 1, 2000, each county commission is
authorized to provide an expense allowance to the tax
assessor, tax collector, revenue commissioner, license
commissioner, elected assistant tax assessor, and elected
assistant tax collector in amounts not to exceed ten thousand
dollars ($10,000) per annum. The expense allowance may be
phased in over a two-year period as determined by the county
commission. At the beginning of the official's next term of
office following the provision of the expense allowance
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office following the provision of the expense allowance
authorized herein, the expense allowance shall be included in
the base salary of the official and the expense allowance
thereupon voided. Deductions from the expense allowances
provided under this chapter shall be made for supernumerary
programs, the State Employees' Retirement System, or other
retirement programs as provided by law, the same as if the
expense allowances were salary. Notwithstanding the above, in
Category 3, an expense allowance for any official covered by
this subdivision shall be provided in the amount of ten
thousand dollars ($10,000) per annum effective October 1,
2001, if compensation for the office has not been increased by
other general or local law during the period from October 1,
1996, to October 1, 2001.
b. Any increase in base salary or expense allowance for
a tax assessor, tax collector, revenue commissioner, license
commissioner, elected assistant tax assessor, or elected
assistant tax collector contained in any act passed in the
1999 2nd Special Session of the Legislature or any other act
passed in the 2000 Regular Session shall be credited against
any expense allowance provided under this subdivision, so that
the total increase in compensation for a tax assessor, tax
collector, revenue commissioner, license commissioner, elected
assistant tax assessor, and elected assistant tax collector
does not exceed ten thousand dollars ($10,000).
(4) Any laws to the contrary notwithstanding, no person
holding supernumerary office shall be entitled to any
increases in compensation or expenses as a result of the
implementation of any salary adjustments provided for in this
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implementation of any salary adjustments provided for in this
chapter.
(5) If implementation of the salaries in this chapter
increases the salary of an incumbent office holder, the
increase shall be paid as an expense allowance until the
beginning of the next term of office whereupon the amount of
the expense allowance shall be included in the base salary for
the office holder and the expense allowance shall be voided.
Deductions from the increase shall be made for supernumerary
programs as provided by law as if the increase were salary.
Notwithstanding the foregoing, a county shall pay the salary
increase during a term of office at the beginning of the next
fiscal year if payment of the increase is sanctioned by an
amendment to the Constitution of Alabama of 1901 2022.
(6) Notwithstanding this section or any other provision
of this chapter, the increases in fees under Section 12-19-90
provided for by Act 2000-108 shall not apply to any county in
Category 1 or 3 on June 1, 2000.
(7) The local governing body of the county may, by
resolution, elect for the county to be exempt from the
provisions of this section and Section 11-2A-3 and the
increases in fees in Section 12-19-90 as provided for by Act
2000-108; provided that the local governing body shall only be
authorized to exempt the county from all of the sections
referenced above, and provided further that the resolution is
adopted after June 1, 2000, but prior to October 1, 2000. Any
local governing body that exercises its authority under this
subdivision may elect to have the county become subject to the
provisions referenced above by the adoption of a resolution
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provisions referenced above by the adoption of a resolution
and the provisions shall become effective in the county on
September 30, next following the adoption of the resolution.
(8) Any county identified as a "Category 1" county
under the provisions of Section 11-2A-1, is exempt from the
provisions of this section except for the provisions of
paragraph (1)b."
Section 2. This act shall become effective on June 1,
2024.
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