Alabama 2025 Regular Session

Alabama Senate Bill SB227 Compare Versions

Only one version of the bill is available at this time.
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11 SB227INTRODUCED
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33 SB227
44 LS3PWYW-1
55 By Senator Barfoot
66 RFD: Finance and Taxation General Fund
77 First Read: 05-Mar-25
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1212 5 LS3PWYW-1 02/25/2025 OW (L)cr 2025-305
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1414 First Read: 05-Mar-25
1515 SYNOPSIS:
1616 Under existing law, the salary of any justice,
1717 judge, or district attorney newly appointed or elected
1818 is set by law.
1919 This bill would make certain technical
2020 amendments to the law to allow for the implementation
2121 of certain cost-of-living adjustments already enacted.
2222 This bill would also further implement a
2323 proposed constitutional amendment to change when a
2424 district attorney's salary may be altered.
2525 A BILL
2626 TO BE ENTITLED
2727 AN ACT
2828 Relating to compensation for district attorneys,
2929 judges, and certain local officials; to amend Sections
3030 12-10B-1 and 12-10B-3, Code of Alabama 1975, to remove
3131 restrictions on district attorney salary increases; and to
3232 amend Section 12-17-182, Code of Alabama 1975, to provide for
3333 the compensation of newly appointed district attorneys.
3434 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3535 Section 1. Sections 12-10B-1 and 12-10B-3, Code of
3636 Alabama 1975, are amended to read as follows:
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6666 Alabama 1975, are amended to read as follows:
6767 "§12-10B-1
6868 (a) Pursuant to Amendment 426 Section 148 of the
6969 Constitution of Alabama 1901 of 2022, now appearing as Section
7070 148 of the Official Recompilation of the Constitution of
7171 Alabama of 1901, as amended , and notwithstanding any other
7272 provision of law, beginning on October 1, 2021, judges and
7373 justices shall be compensated as follows:
7474 (1) The chief justice of the supreme court's initial
7575 salary shall be one hundred seventy-six thousand dollars
7676 ($176,000).
7777 (2) An associate supreme court justice's initial salary
7878 shall be one hundred seventy-five thousand dollars ($175,000).
7979 (3) An appellate court judge's initial salary shall be
8080 one hundred seventy-four thousand dollars ($174,000). The
8181 presiding judge of any appellate court shall receive
8282 additional compensation of five hundred dollars ($500) per
8383 year.
8484 (4) A circuit judge's initial salary shall be one
8585 hundred forty thousand dollars ($140,000).
8686 (5) A district judge's initial salary shall be one
8787 hundred thirty-nine thousand dollars ($139,000).
8888 (b) Each of these amounts shall be adjusted by the
8989 Administrative Office of Courts to reflect any cost-of-living
9090 adjustment effective on or after October 1, 2021.
9191 (b)(1)a.(c)(1)a. The salary of circuit judges and
9292 district judges shall be increased by 7.5 percent on October 1
9393 after the completion of six full years of service as a circuit
9494 or district judge. The salary shall be increased by an
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124124 or district judge. The salary shall be increased by an
125125 additional 7.5 percent on October 1 after the completion of 12
126126 full years of service as a circuit or district judge. The
127127 salary shall be increased by an additional 7.5 percent on
128128 October 1 after the completion of 18 full years of service as
129129 a circuit or district judge.
130130 b. A district judge who is subsequently appointed or
131131 elected as a circuit judge shall receive as an initial salary
132132 the base salary of a circuit judge plus the appropriate amount
133133 for bench experience as a circuit or district judge as
134134 provided in paragraph a.
135135 c. A circuit or district judge who is subsequently
136136 appointed or elected as the chief justice of the supreme
137137 court, a supreme court justice, or a judge of the appellate
138138 court, shall receive the initial salary of the chief justice
139139 of the supreme court, a supreme court justice, or an appellate
140140 court judge as provided in subdivision subdivisions (a) (1),
141141 (a)(2), or (a)(3) of subsection (a) .
142142 (2)a. The salary of the chief justice of the supreme
143143 court, supreme court justices, and judges of the appellate
144144 courts shall be increased by 7.5 percent on October 1 after
145145 the completion of six full years of service as the chief
146146 justice of the supreme court, a supreme court justice, or a
147147 judge of the appellate court. The salary shall be increased by
148148 an additional 7.5 percent on October 1 after the completion of
149149 12 full years of service as the chief justice of the supreme
150150 court, a supreme court justice, or a judge of the appellate
151151 court. The salary shall be increased by an additional 7.5
152152 percent on October 1 after the completion of 18 full years of
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182182 percent on October 1 after the completion of 18 full years of
183183 service as the chief justice of the supreme court, a supreme
184184 court justice, or a judge of the appellate court.
185185 b. A chief justice of the supreme court, a supreme
186186 court justice, or a judge of the appellate court who is
187187 subsequently appointed or elected as a chief justice of the
188188 supreme court, a supreme court justice, or a judge of an
189189 appellate court shall receive as an initial salary the base
190190 salary of the judge or justice as provided in subdivision
191191 subdivisions (a) (1), (a)(2), or (a)(3) of subsection (a) , plus
192192 the appropriate amount for bench experience as the chief
193193 justice of the supreme court, a supreme court justice, or a
194194 judge of the appellate court as provided in paragraph a.
195195 (3) The compensation paid by the state to any judge or
196196 justice in service on October 1, 2021, may not be diminished
197197 pursuant to this section. If a judge's or justice's
198198 compensation would be diminished pursuant to subsection (a),
199199 his or her compensation received on October 1, 2021, shall
200200 remain the same as it was prior to October 1, 2021, and may
201201 not be increased until the bench experience increase provided
202202 for in subsection (b) exceeds his or her current compensation.
203203 (c)(1)(d)(1) Notwithstanding any existing general or
204204 local law, existing circuit or district judges in service on
205205 October 1, 2021, and any circuit or district judge appointed
206206 or elected after October 1, 2021, may only be paid
207207 compensation from the State Treasury, and may not receive any
208208 salary supplement or expense allowance, or both, from any
209209 county.
210210 (2) This subsection shall supersede any local law
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240240 (2) This subsection shall supersede any local law
241241 providing a salary supplement or expense allowance for a
242242 circuit or district judge."
243243 "§12-10B-3
244244 (a) Beginning on October 1, 2021, and notwithstanding
245245 any other provision of law, any compensation, salary
246246 supplement, or expense allowance under existing law paid by
247247 the state, or any political subdivision of the state, to any
248248 elected official or state officer or employee, excluding
249249 circuit and district judges, district attorneys, and the
250250 Attorney General, that is based in whole or in part on the
251251 compensation, salary supplement, or expense allowance of
252252 another judge or justice shall be based on the salary, salary
253253 supplement, or expense allowance of the judge or justice on
254254 September 30, 2021.
255255 (b) Beginning with the next term of office following
256256 October 1, 2025, the compensation of any elected official
257257 subject to a local law that sets his or her compensation in
258258 whole or in part on the salary of a circuit or district judge
259259 shall be calculated using the base amounts in Section
260260 12-10B-1, and any adjustment based on service or longevity
261261 must be based on the elected official's own time in office.
262262 (c) Any compensation paid to an elected official
263263 subject to this section between October 1, 2021, and the
264264 official's next term of office commencing after October 1,
265265 2025, is ratified and confirmed. "
266266 Section 2. Section 12-17-182, Code of Alabama 1975, is
267267 also amended to read as follows:
268268 "§12-17-182
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298298 "§12-17-182
299299 (a)(1) Subject to subdivision (2), district District
300300 attorneys for each judicial circuit in the state serving on
301301 October 1, 2021, until the end of his or her service, shall be
302302 paid by the state an annual salary of an amount equal to one
303303 thousand dollars ($1,000) less than the salary paid by the
304304 state to the highest paid circuit judge of the state, payable
305305 as the salaries of other state officers are paid. District
306306 attorneys holding office on October 1, 2021, are exempt from
307307 subsection (b).
308308 (2) A district attorney's salary may only increase
309309 after the completion of the term for which he or she was
310310 appointed or elected, and after completion of any subsequent
311311 elected term.
312312 (b)(1) Notwithstanding subsection (a), any district
313313 attorney newly appointed or elected after October 1, 2021,
314314 shall receive an initial salary of one hundred forty thousand
315315 dollars ($140,000) the salary equivalent to an incoming
316316 circuit court judge as determined by the Alabama
317317 Administrative Office of Courts .
318318 (2) The salary of district attorneys shall be increased
319319 by 7.5 percent for the term commencing after the completion of
320320 the first term for which he or she was appointed or elected as
321321 district attorney. The salary shall be increased by an
322322 additional 7.5 percent for the term commencing after the
323323 completion of his or her second term as district attorney. The
324324 salary shall be increased by an additional 7.5 percent for the
325325 term commencing after the completion of his or her third term
326326 as district attorney. The salary shall further be increased by
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356356 as district attorney. The salary shall further be increased by
357357 any cost-of-living adjustment enacted by the Legislature not
358358 already granted to the district attorney during the previous
359359 term.
360360 (c) The compensation paid by the state to any district
361361 attorney in service on October 1, 2021, 2025 may not be
362362 diminished pursuant to Act 2021-441 the act adding this
363363 amendatory language .
364364 (d) Upon ratification of the constitutional amendment
365365 proposed in Senate Bill ___ of the 2025 Regular Session,
366366 providing that the salary of a district attorney may not be
367367 decreased during his or her term of office, the salary of each
368368 district attorney shall be increased by any cost-of-living
369369 adjustment effective on or after October 1, 2021, that is not
370370 already reflected in his or her compensation. "
371371 Section 3. This act shall become effective on October
372372 1, 2025.
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