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Alabama Senate Bill SB218

Alabama 2024 Regular Session

Alabama Senate Bill SB218 Compare Versions

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33 SB218
44 TE8E915-1
55 By Senators Figures, Sessions, Williams, Albritton
66 RFD: County and Municipal Government
77 First Read: 07-Mar-24
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1212 5 TE8E915-1 03/01/2024 PMG (L)tgw 2024-1001
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1414 First Read: 07-Mar-24
1515 SYNOPSIS:
1616 Under existing law, certain officers and
1717 employees of the Alabama State Port Authority are
1818 subject to the state Merit System.
1919 This bill would explicitly provide that the port
2020 authority is a body corporate with the ability to
2121 employ non-merit system employees.
2222 A BILL
2323 TO BE ENTITLED
2424 AN ACT
2525 Relating to the Alabama State Port Authority; to amend
2626 Sections 33-1-2, 33-1-3, 33-1-5, 33-1-5.1, and 33-1-5.2, Code
2727 of Alabama 1975; to provide that the port authority is a body
2828 corporate with the ability to employ non-merit system
2929 employees.
3030 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3131 Section 1. Sections 33-1-2, 33-1-3, 33-1-5, 33-1-5.1,
3232 and 33-1-5.2, Code of Alabama 1975, are amended to read as
3333 follows:
3434 "§33-1-2
3535 (a) There shall be a state agency known as the Alabama
3636 State Port Authority, hereinafter sometimes referred to as the
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6666 State Port Authority, hereinafter sometimes referred to as the
6767 port authority. Notwithstanding any other provision of law,
6868 whenever any act, section of this code, or any other provision
6969 of law refers to the Alabama State Docks Department, it shall
7070 be deemed a reference to the Alabama State Port Authority.
7171 (b) The port authority shall promote, supervise,
7272 control, manage, and direct the state docks and all other
7373 state lands included within the jurisdiction of this chapter
7474 and shall maintain and operate all the improvements and
7575 facilities authorized by this chapter . The port authority is a
7676 body corporate and shall be constituted as provided in this
7777 chapter, and it shall maintain and operate all the
7878 improvements and facilities authorized by this chapter ."
7979 "§33-1-3
8080 The chief executive officer of the port authority shall
8181 be known as the Director of the Alabama State Port Authority.
8282 The director may not have any financial interest in any harbor
8383 facilities or property that the port authority or its
8484 predecessors have acquired or may acquire or manage, and may
8585 not have any financial or personal interest in any business or
8686 enterprise of any sort which interferes or is inconsistent
8787 with his or her duties as director. The duties of the director
8888 shall be as follows:
8989 (1) Exercise the chief executive authority of the port
9090 authority, and exercise, consistent with this chapter and
9191 other applicable law, all the powers, authority, and duties
9292 vested by this chapter or other applicable law in the port
9393 authority.
9494 (2) Appoint, with the advice and consent of the board
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124124 (2) Appoint, with the advice and consent of the board
125125 of directors of the port authority, no more than 11
126126 individuals as executive level employees. These individuals
127127 shall be non-merit system employees and may replace current
128128 Merit System executive level employees who retire or otherwise
129129 leave the employment of the port authority. The director shall
130130 fix the salaries of these non-merit system executive level
131131 employees giving due consideration to the salaries of
132132 comparable positions in other states and in private
133133 industries. These non-merit system executive level employees,
134134 though not participants in the classified service of the state
135135 under the Merit System Act, shall be entitled to the other
136136 benefits, including, but not limited to, retirement, sick and
137137 annual leave, and insurance benefits afforded other state
138138 employees, except that the board of directors of the port
139139 authority may provide and fund an alternate benefit package
140140 for them. Regardless of whether the port authority funds an
141141 alternate benefit package, the port authority shall pay to the
142142 State Employees' Insurance Fund the monthly employer
143143 contribution as defined by Section 36-29-1 for each of its
144144 non-merit system executive level employees.
145145 (3) Employ, with the advice and consent of the board of
146146 directors of the port authority, all individuals necessary to
147147 the efficient operation of the Alabama State Port Authority,
148148 including a secretary-treasurer and other employees as Merit
149149 System or non-merit system employees , fix their compensation
150150 and other conditions of employment and tenure in office, and
151151 be responsible for the efficient discharge of their duties.
152152 Any non-merit system employees employed under this section,
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182182 Any non-merit system employees employed under this section,
183183 though not participants in the classified service of the state
184184 under the state Merit System, shall be entitled to the other
185185 benefits, including, but not limited to, retirement, sick and
186186 annual leave, and insurance benefits afforded other state
187187 employees, except that the board of directors of the port
188188 authority may provide and fund an alternate benefit package
189189 for them. Regardless of whether the port authority funds an
190190 alternate benefit package for them, the port authority shall
191191 pay to the State Employees' Insurance Fund the monthly
192192 employer contribution as defined by Section 36-29-1 for each
193193 of its full-time non-merit system employees. "
194194 "§33-1-5
195195 (a) All employees and officers of the Alabama State
196196 Port Authority, except the director, executive level non-merit
197197 system employees hired or employed pursuant to Section 33-1-3,
198198 and those exempt under Section 36-26-10, shall be subject to
199199 the provisions of the state Merit System law with respect to
200200 the method of selection, classification, and compensation of
201201 state employees. Sections 33-1-5.1 and 33-1-5.2 shall apply to
202202 the director and the non-merit system executive level
203203 employees hired or employed pursuant to Section 33-1-3 ,
204204 including their spouses and dependents ; however, nothing in
205205 Act 2000-598 shall be construed to alter or modify Sections
206206 33-1-5.1 and 33-1-5.2 .
207207 (b) Persons employed by the Alabama State Docks
208208 Department on August 1, 2000, shall continue to have precisely
209209 the same rights and benefits as they now have under the Merit
210210 System and under the State Employees' Retirement System and
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240240 System and under the State Employees' Retirement System and
241241 all other benefits that they had on August 1, 2000.
242242 (c)(b) The Alabama State Port Authority may employ port
243243 police officers at the Port of Mobile, who shall be employed
244244 pursuant to the state Merit System or pursuant to Section
245245 33-1-3. Port police officers employed pursuant to this
246246 subsection are constituted peace officers of the State of
247247 Alabama with full police power and jurisdiction to enforce the
248248 laws of the state and the rules and regulations which may be
249249 promulgated adopted by the port authority on property owned by
250250 or otherwise within the jurisdiction of the Alabama State Port
251251 Authority and the approaches thereto. Port police officers
252252 shall meet the minimum standards for law enforcement officers
253253 provided by law.
254254 (d)(c) Notwithstanding any other provision of law to
255255 the contrary, the board of directors of the port authority
256256 shall have the authority to may adopt and implement an
257257 employee compensation plan applicable to the director, the
258258 non-merit system executive level employees hired or employed
259259 pursuant to Section 33-1-3 , and those employees employed
260260 pursuant to the state Merit System that provides for
261261 compensation to the employees solely out of funds of the
262262 Alabama State Port Authority in addition to any other
263263 compensation payable to any employees under existing law as an
264264 incentive for achieving goals specified by the plan. The
265265 employee compensation plan may compensate Merit System
266266 employees in excess of, and in addition to, the normal
267267 compensation received by the Merit System employee. The
268268 compensation plan shall complement the existing pay plan
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298298 compensation plan shall complement the existing pay plan
299299 applicable to Merit System employees.
300300 (d) Nothing in this section shall be construed to
301301 change, alter, diminish, or amend the state Merit System laws
302302 or regulations which shall continue to apply to all Merit
303303 System employees employed by the port authority."
304304 "§33-1-5.1
305305 (a) The Alabama State Port Authority may establish and
306306 fund retirement plans for various employees of the Alabama
307307 State Port Authority including , but not limited to , those
308308 employees who are employed by the port authority under Section
309309 Sections 33-1-3 and 36-26-19, those employees who are "exempt"
310310 under Section 36-26-19, those employees who are employed by
311311 the port authority under Section 33-1-16 as locomotive
312312 engineers, locomotive firemen, switchmen, and switch engine
313313 foremen, and hostlers engaged in the operation of the terminal
314314 railroads provided for by said that section, and those
315315 employees of the port authority who are not otherwise covered
316316 under the State Employees' Retirement System and pay the costs
317317 of the establishment and funding of the retirement plans from
318318 the revenues of the port authority.
319319 (b) The retirement plans and benefits shall be in
320320 amounts as defined in individual labor contracts and deemed
321321 appropriate and desirable by the port authority for the
322322 benefit of those employees of the port authority who are not
323323 otherwise covered under the State Employees' Retirement System
324324 and who have been declared eligible for disability or
325325 retirement benefits by the U.S. Social Security Administration
326326 or under the U.S. Railroad Retirement Act.
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356356 or under the U.S. Railroad Retirement Act.
357357 (c) The port authority may establish and fund the
358358 retirement plans solely out of the revenues of the port
359359 authority and may execute contracts to establish the
360360 retirement funds and provide the benefits under the plan
361361 provided by this section. The general administration and
362362 responsibility for the proper operation of the retirement
363363 plans and for making effective the provisions of this section
364364 are vested in the port authority , and the port authority may
365365 establish committees as deemed necessary and appropriate. The
366366 port authority may designate, appoint, and discharge
367367 administrators and trustees under the plans and engage
368368 actuarial and other services as required to transact the
369369 business of the retirement plans. All of the The benefits to
370370 be provided under this section may be included in one or more
371371 contracts issued by the same or different administrators,
372372 trustees, and companies and may cover groups of employees
373373 under separate contracts as deemed necessary and appropriate
374374 by the port authority. The port authority shall establish the
375375 plans and shall award such execute a contract or contracts on
376376 a basis as determined by the benefits afforded, the costs to
377377 be incurred and paid for solely out of the revenues of the
378378 port authority as the port authority deems necessary and
379379 appropriate.
380380 (d) The contract or contracts shall provide for
381381 retirement benefits for the retired employees of the port
382382 authority not covered by the retirement plan of the State of
383383 Alabama and State Employees' Retirement System as defined by
384384 the rules and regulations of the port authority, on terms
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414414 the rules and regulations of the port authority, on terms
415415 deemed appropriate by the port authority. The port authority
416416 shall adopt rules and regulations prescribing the conditions
417417 under which retiring employees may participate in or withdraw
418418 from the plans.
419419 (e) The port authority may adopt and promulgate rules
420420 and regulations for the administration of the retirement
421421 plans.
422422 (f) The benefits provided for hereunder in this section
423423 shall not exceed the retirement benefits provided for other
424424 employees of the state under established state retirement
425425 plans.
426426 (g) The port authority may develop a retirement
427427 incentive program for all employees of the port authority who
428428 are eligible to retire from state service and who retire prior
429429 to September 30, 1997. The port authority shall promulgate any
430430 administrative regulations necessary to carry out the program
431431 in a fair and equitable manner. The costs of any retirement
432432 incentive program shall be paid out of the revenues of the
433433 port authority. Retirement incentive monies paid to an
434434 employee shall not exceed a sum in excess of one thousand
435435 dollars ($1,000) per year of creditable state service of the
436436 employee, which shall be paid in addition to any other
437437 benefits or entitlements. An employee choosing to participate
438438 in this program will not be eligible to participate in any
439439 other early retirement incentive program offered by the State
440440 of Alabama in 1997.
441441 (h) The port authority shall prepare a cost-benefit
442442 analysis for the program and annually on the first legislative
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472472 analysis for the program and annually on the first legislative
473473 day of each regular session of the Legislature submit a report
474474 to the members of the Alabama Legislature and the Governor on
475475 the financial benefits of the retirement incentive program. "
476476 "§33-1-5.2
477477 (a) The Alabama State Port Authority is hereby
478478 authorized to may provide and establish a plan of life and
479479 health insurance for the salaried officers and employees of
480480 the Alabama state docks State Port Authority who work full
481481 time for the Alabama state docks port authority and receive
482482 their compensation on a bi-weekly basis and also a plan of
483483 health insurance for the spouses and dependent children of
484484 such officers and employees and to pay the costs and premiums
485485 of such life and health insurance from the revenues of the
486486 Alabama State Port Authority.
487487 (b) Such The health insurance plan may provide for
488488 group hospitalization, surgical, medical , and dental insurance
489489 against the financial costs of hospitalization, surgical,
490490 medical, and dental treatment and care, and may also include,
491491 among other things, prescribed drugs, medicines, prosthetic
492492 appliances, hospital in-patient and out-patient service
493493 benefits, including major medical benefits, or such other
494494 coverage or benefits as may be deemed appropriate and
495495 desirable by the port authority. The life insurance plan shall
496496 be a group plan with the face amount of such the life
497497 insurance coverage on such salaried officers and employees
498498 limited to such amounts as may be deemed appropriate and
499499 desirable by the port authority.
500500 (c) The port authority is hereby authorized to may
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530530 (c) The port authority is hereby authorized to may
531531 execute a contract or contracts to provide the benefits under
532532 the life and health insurance coverage provided by this
533533 section. Such The contract or contracts may be executed with
534534 one or more agents or corporations licensed to transact life
535535 and health insurance business in this state. All of the The
536536 benefits to be provided under this section may be included in
537537 one or more similar contracts issued by the same or different
538538 companies. Before entering into any contract ,hereby
539539 authorized said the port authority shall invite competitive
540540 bids from qualified insurers who wish to offer plans for the
541541 life and health insurance coverage provided by this section.
542542 (d) The benefits provided for herein in this section
543543 shall not exceed the benefits provided to employees of the
544544 Alabama State Port Authority subject to collective bargaining
545545 agreements.
546546 (e) Regardless of whether the port authority provides,
547547 establishes, and funds an alternate health insurance plan
548548 under this section, the port authority shall pay to the State
549549 Employees' Insurance Fund the monthly employer contribution as
550550 defined by Section 36-29-1 for each of its full-time
551551 employees, whether Merit, non-merit, or exempt. "
552552 Section 2. This act shall become effective on October
553553 1, 2024.
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