| 15 | + | SYNOPSIS: |
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| 16 | + | This bill would relate to the compensation of |
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| 17 | + | the sheriff of a Category 1 or Category 2 county under |
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| 18 | + | the provisions of Chapter 2A of Title 11 of the Code of |
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| 19 | + | Alabama 1975, commonly known as the Omnibus Pay Act. |
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| 20 | + | The bill would authorize the county commission |
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| 21 | + | in a Category 1 or Category 2 county to increase the |
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| 22 | + | salary of the sheriff of the county effective beginning |
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| 23 | + | the next term of office of the sheriff under certain |
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| 24 | + | conditions. |
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| 18 | | - | Relating to the compensation of the sheriff in certain |
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| 19 | | - | counties under the provisions of Chapter 2A of Title 11, Code |
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| 20 | | - | of Alabama 1975, commonly known as the Omnibus Pay Act; to |
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| 21 | | - | amend Section 11-2A-2 of the Code of Alabama 1975, to |
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| 22 | | - | authorize the county commission of a Category 2 or Category 3 |
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| 23 | | - | county to increase the salary of the sheriff under certain |
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| 24 | | - | conditions. |
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| 28 | + | Relating to the compensation of the sheriff in any |
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| 29 | + | Category 1 or Category 2 county under the provisions of |
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| 30 | + | Chapter 2A of Title 11, Code of Alabama 1975, commonly known |
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| 31 | + | as the Omnibus Pay Act; to amend Section 11-2A-2 of the Code |
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| 32 | + | of Alabama 1975, to authorize the county commission of a |
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| 33 | + | Category 1 or Category 2 county to increase the salary of the |
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| 34 | + | sheriff effective beginning the next term of office under |
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| 35 | + | certain conditions. |
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| 26 | | - | Section 1. Section 11-2A-2 of the Code of Alabama 1975, |
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| 27 | | - | is amended to read as follows: |
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| 28 | | - | "§11-2A-2 |
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| 29 | | - | Effective October 1, 2000, the annual compensation |
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| 30 | | - | which a county shall pay to a county commissioner, a judge of |
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| 31 | | - | probate, a sheriff, a tax assessor, a tax collector, a revenue |
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| 32 | | - | commissioner, a license commissioner, and an elected assistant |
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| 33 | | - | tax assessor or collector shall be as set out below: |
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| 34 | | - | (1) SHERIFF. a. The annual minimum compensation for |
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| 35 | | - | each sheriff shall be fifty thousand dollars ($50,000) which |
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| 36 | | - | shall be in lieu of any salary and expense allowance currently |
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| 37 | | - | provided to a sheriff receiving total compensation less than |
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| 66 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 67 | + | Section 1. Section 11-2A-2 of the Code of Alabama 1975, |
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| 68 | + | is amended to read as follows: |
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| 69 | + | "§11-2A-2 |
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| 70 | + | Effective October 1, 2000, the annual compensation |
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| 71 | + | which a county shall pay to a county commissioner, a judge of |
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| 72 | + | probate, a sheriff, a tax assessor, a tax collector, a revenue |
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| 73 | + | commissioner, a license commissioner, and an elected assistant |
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| 74 | + | tax assessor or collector shall be as set out below: |
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| 75 | + | (1) SHERIFF. a. The annual minimum compensation for |
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| 76 | + | each sheriff shall be fifty thousand dollars ($50,000) which |
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| 77 | + | shall be in lieu of any salary and expense allowance currently |
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| 67 | 78 | | provided to a sheriff receiving total compensation less than |
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| 68 | 79 | | the minimum. Beginning with the next term of office for each |
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| 69 | 80 | | sheriff, except as provided in Section 11-2A-4, the salary |
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| 70 | 81 | | herein provided shall be the minimum compensation payable to |
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| 71 | 82 | | the sheriff in lieu of any salary, expense allowance, or other |
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| 72 | 83 | | compensation provided by law. |
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| 73 | 84 | | b. In addition to any other provision of this chapter |
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| 74 | 85 | | or any other law relating to the salary of the sheriff of a |
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| 75 | | - | Category 1 or Category 2 or Category 3 county, the county |
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| 76 | | - | commission of a Category 1 or Category 2 or Category 3 county |
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| 77 | | - | may increase the salary of the sheriff of the county effective |
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| 78 | | - | beginning the next term of office of the sheriff not less than |
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| 79 | | - | three months prior to the beginning of qualifying for the |
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| 80 | | - | party primary election . Notwithstanding subdivision (5), if |
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| 81 | | - | the salary increase provided in this subdivision is not |
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| 82 | | - | authorized by the Constitution of Alabama 2022, to be paid |
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| 83 | | - | during the term of the incumbent sheriff, the amount of any |
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| 84 | | - | salary increase provided to the sheriff of the county shall be |
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| 85 | | - | paid as an expense allowance until the beginning of the next |
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| 86 | | - | term of office and at that time the amount of the expense |
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| 87 | | - | allowance shall be included in the salary of the sheriff. Any |
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| 88 | | - | expense allowance paid to the sheriff shall be treated the |
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| 89 | | - | same as salary for the purposes of any supernumerary program |
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| 90 | | - | or the Employees' Retirement System. |
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| 86 | + | Category 1 or Category 2 county, the county commission of a |
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| 87 | + | Category 1 or Category 2 county may increase the salary of the |
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| 88 | + | sheriff of the county effective beginning the next term of |
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| 89 | + | office of the sheriff not less than three months prior to the |
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| 90 | + | beginning of qualifying for the party primary election. |
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| 125 | 125 | | subject to the provisions of Section 11-2A-4, the annual |
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| 126 | 126 | | compensation for county commissioners and judges of probate in |
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| 127 | 127 | | Category 3 shall be increased by 20 percent effective October |
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| 128 | 128 | | 1, 2001, if the compensation, including expense allowance, of |
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| 129 | 129 | | the office has not been increased by other general or local |
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| 130 | 130 | | law during the period from October 1, 1996, to October 1, |
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| 131 | 131 | | 2001; the annual minimum compensation for county commissioners |
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| 132 | 132 | | and judges of probate in Category 4 shall be that amount |
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| 133 | 133 | | prescribed by general law on September 30, 2000, plus a 20 |
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| 134 | 134 | | percent increase; the annual minimum compensation for county |
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| 135 | 135 | | commissioners and judges of probate in Category 5 shall be |
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| 136 | 136 | | that amount prescribed by general law on September 30, 2000, |
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| 137 | 137 | | plus a 17 percent increase; and the annual minimum |
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| 138 | 138 | | compensation for county commissioners and judges of probate in |
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| 139 | 139 | | Category 6 shall be that amount prescribed by general law on |
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| 140 | 140 | | September 30, 2000, plus a 15 percent increase. |
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| 141 | 141 | | (3) TAX ASSESSORS, TAX COLLECTORS, REVENUE |
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| 142 | 142 | | COMMISSIONERS, LICENSE COMMISSIONERS, AND ELECTED ASSISTANT |
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| 143 | 143 | | TAX COLLECTORS OR ASSESSORS. |
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| 144 | 144 | | a. On and after June 1, 2000, each county commission is |
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| 145 | 145 | | authorized to provide an expense allowance to the tax |
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| 146 | 146 | | assessor, tax collector, revenue commissioner, license |
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| 147 | 147 | | commissioner, elected assistant tax assessor, and elected |
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| 148 | 148 | | assistant tax collector in amounts not to exceed ten thousand |
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| 149 | 149 | | dollars ($10,000) per annum. The expense allowance may be |
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| 150 | 150 | | phased in over a two-year period as determined by the county |
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| 151 | 151 | | commission. At the beginning of the official's next term of |
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| 152 | 152 | | office following the provision of the expense allowance |
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| 183 | 183 | | authorized herein, the expense allowance shall be included in |
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| 184 | 184 | | the base salary of the official and the expense allowance |
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| 185 | 185 | | thereupon voided. Deductions from the expense allowances |
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| 186 | 186 | | provided under this chapter shall be made for supernumerary |
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| 187 | 187 | | programs, the State Employees' Retirement System, or other |
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| 188 | 188 | | retirement programs as provided by law, the same as if the |
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| 189 | 189 | | expense allowances were salary. Notwithstanding the above, in |
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| 190 | 190 | | Category 3, an expense allowance for any official covered by |
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| 191 | 191 | | this subdivision shall be provided in the amount of ten |
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| 192 | 192 | | thousand dollars ($10,000) per annum effective October 1, |
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| 193 | 193 | | 2001, if compensation for the office has not been increased by |
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| 194 | 194 | | other general or local law during the period from October 1, |
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| 195 | 195 | | 1996, to October 1, 2001. |
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| 196 | 196 | | b. Any increase in base salary or expense allowance for |
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| 197 | 197 | | a tax assessor, tax collector, revenue commissioner, license |
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| 198 | 198 | | commissioner, elected assistant tax assessor, or elected |
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| 199 | 199 | | assistant tax collector contained in any act passed in the |
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| 200 | 200 | | 1999 2nd Special Session of the Legislature or any other act |
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| 201 | 201 | | passed in the 2000 Regular Session shall be credited against |
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| 202 | 202 | | any expense allowance provided under this subdivision, so that |
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| 203 | 203 | | the total increase in compensation for a tax assessor, tax |
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| 204 | 204 | | collector, revenue commissioner, license commissioner, elected |
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| 205 | 205 | | assistant tax assessor, and elected assistant tax collector |
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| 206 | 206 | | does not exceed ten thousand dollars ($10,000). |
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| 207 | 207 | | (4) Any laws to the contrary notwithstanding, no person |
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| 208 | 208 | | holding supernumerary office shall be entitled to any |
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| 209 | 209 | | increases in compensation or expenses as a result of the |
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| 210 | 210 | | implementation of any salary adjustments provided for in this |
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| 241 | 241 | | chapter. |
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| 242 | 242 | | (5) If implementation of the salaries in this chapter |
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| 243 | 243 | | increases the salary of an incumbent office holder, the |
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| 244 | 244 | | increase shall be paid as an expense allowance until the |
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| 245 | 245 | | beginning of the next term of office whereupon the amount of |
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| 246 | 246 | | the expense allowance shall be included in the base salary for |
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| 247 | 247 | | the office holder and the expense allowance shall be voided. |
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| 248 | 248 | | Deductions from the increase shall be made for supernumerary |
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| 249 | 249 | | programs as provided by law as if the increase were salary. |
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| 250 | 250 | | Notwithstanding the foregoing, a county shall pay the salary |
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| 251 | 251 | | increase during a term of office at the beginning of the next |
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| 252 | 252 | | fiscal year if payment of the increase is sanctioned by an |
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| 253 | 253 | | amendment to the Constitution of Alabama of 1901 2022. |
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| 254 | 254 | | (6) Notwithstanding this section or any other provision |
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| 255 | 255 | | of this chapter, the increases in fees under Section 12-19-90 |
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| 256 | 256 | | provided for by Act 2000-108 shall not apply to any county in |
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| 257 | 257 | | Category 1 or 3 on June 1, 2000. |
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| 258 | 258 | | (7) The local governing body of the county may, by |
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| 259 | 259 | | resolution, elect for the county to be exempt from the |
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| 260 | 260 | | provisions of this section and Section 11-2A-3 and the |
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| 261 | 261 | | increases in fees in Section 12-19-90 as provided for by Act |
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| 262 | 262 | | 2000-108; provided that the local governing body shall only be |
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| 263 | 263 | | authorized to exempt the county from all of the sections |
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| 264 | 264 | | referenced above, and provided further that the resolution is |
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| 265 | 265 | | adopted after June 1, 2000, but prior to October 1, 2000. Any |
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| 266 | 266 | | local governing body that exercises its authority under this |
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| 267 | 267 | | subdivision may elect to have the county become subject to the |
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| 268 | 268 | | provisions referenced above by the adoption of a resolution |
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