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-HB153 INTRODUCED
-Page 0
-HB153
-5VGK96M-1
-By Representative Garrett (N & P)
-RFD: County and Municipal Government
-First Read: 13-Jan-26
-PFD: 12-Jan-26
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-5VGK96M-1 12/02/2025 PMG (L)PMG 2025-2716
+FN-QN8K351-2
 Page 1
-PFD: 12-Jan-26
-SYNOPSIS:
-Under existing law, each county with a
-population of 400,000 or more shall have a county
-personnel board for all employees and appointees
-holding positions in the classified service of the
-county and each municipality with a population of 5,000
-or more.
-This bill would authorize a Class 8 municipality
-with a population of 25,000 or more according to the
-last decennial census and that has a corporate limit
-lying in two counties to opt out of the county
-personnel board's jurisdiction after six months notice,
-and to opt back in to the jurisdiction of the county
-personnel board not less than 10 years thereafter at
-the sole discretion of the municipality.
-This bill would require a municipality that opts
-out of a county personnel board's jurisdiction to
-create its own municipal civil service system and
-continue all vested rights and interests of employees
-and appointees who were subject to the county personnel
-board.
-This bill would prohibit a municipality subject
-to this act from engaging in discrimination which is in
-violation of federal or state law and would require the
-municipality to adopt a certain antidiscrimination
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-HB153 INTRODUCED
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-municipality to adopt a certain antidiscrimination
-policy.
-This bill would provide and confirm that the act
-is intended to be retroactive and curative.
-This bill would also repeal a law that
-authorizes certain Class 8 municipalities to opt out of
-a county personnel board.
-A BILL
-TO BE ENTITLED
-AN ACT
-Relating to county personnel boards; to add Section
-11-43-5.3 to the Code of Alabama 1975, to authorize certain
-municipalities to opt out from the jurisdiction of a county
-personnel board and to require a municipality that opts out
-from the jurisdiction of a county personnel board to create a
-civil service system and continue the rights of employees and
-officials vested or vesting in the county personnel board; to
-repeal Section 11-43-5.2, Code of Alabama 1975, which
-authorizes certain Class 8 municipalities to opt out of a
-county personnel board; and to provide and confirm that the
-act is retroactive and curative.
-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
-Section 1.  Section 11-43-5.3 is added to the Code of
-Alabama 1975, to read as follows:
-§11-43-5.3
-(a) This section shall apply to any Class 8
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-HB153 INTRODUCED
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-(a) This section shall apply to any Class 8
-municipality with a corporate limit lying in two counties,
-which has a population equal to or greater than 25,000
-according to the last decennial census and which was subject,
-on January 1, 2023, to a county personnel board.
-(b)(1) The governing body of a municipality, by
-ordinance, may opt out from the jurisdiction of a county
-personnel board, effective six months after the effective date
-of the ordinance. A copy of the ordinance shall be transmitted
-to the county personnel board following its passage by the
-municipal governing body.
-(2) Not less than 10 years after a municipality opts
-out from the county personnel board's jurisdiction as provided
-in subdivision (1), the municipality, by ordinance, may opt
-back in to a county personnel board's jurisdiction, effective
-six months after the effective date of the ordinance. A copy
-of the ordinance shall be transmitted to the county personnel
-board following its passage by the governing body.
-(c) Any municipality that opts out from the county
-personnel board's jurisdiction as provided in subdivision
-(b)(1) shall create its own municipal civil service system
-which shall ensure that the vested or vesting rights of any
-existing appointees of the county civil service system are
-protected and not otherwise altered or diminished, except as
-otherwise provided for by law.
-(d)(1) Any municipality exercising its rights under
-this section may not engage in any type or form of
-discrimination that is prohibited by federal or state law.
-(2) Any municipality that elects to opt out as provided
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-HB153 INTRODUCED
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-(2) Any municipality that elects to opt out as provided
-in this section shall enact a policy that explicitly prohibits
-the appointment, promotion, demotion, or dismissal of an
-employee from any position which in any way favors or
-discriminates against the employee because of his or her
-political or religious opinions or affiliations or because of
-his or her race or gender or for any other reason that is
-prohibited by state or federal law.
-Section 2.  It is the intent of the Legislature that
-this act be construed as retroactive and curative, and the
-actions of any municipality that opted out from the county
-personnel board's jurisdiction and created its own municipal
-civil service system pursuant to Act 2023-460 of the 2023
-Regular Session are hereby ratified, validated, approved, and
-confirmed.
-Section 3.  Section 11-43-5.2, Code of Alabama 1975,
-created by Act 2023-460 of the 2023 Regular Session and which
-authorizes certain Class 8 municipalities to opt out of a
-county personnel board and create its own municipal civil
-service system, is repealed.
-Section 4.  This act shall become effective immediately.
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+FISCAL NOTE
+House Bill 153
+Committee: County and Municipal Government Sponsor: Representative Danny Garrett
+Analyst: Hunter Lapp Date: 01/26/2026
+House Bill 153 as passed the House of Representatives could increase the administrative
+obligations of certain Class 8 municipalities that opt out of the jurisdiction of a county personnel
+board, pursuant to this bill, and subsequently create their own municipal civil service system.