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--- version:Introduced+++ version:(document, no version)@@ -1,562 +1,13 @@-HB370 INTRODUCED-Page 0-HB370-2JE8RSI-1-By Representative Lee-RFD: County and Municipal Government-First Read: 03-Feb-26-1-2-3-4-5-2JE8RSI-1 01/30/2026 THR (L)lg 2026-618+FN-XDPRRZE-2Page 1-First Read: 03-Feb-26-SYNOPSIS:-Under existing law, a county must pay certain-minimum annual compensation to each county-commissioner, judge of probate, sheriff, tax assessor,-tax collector, revenue commissioner, license-commissioner, and elected assistant tax assessor or tax-collector.-This bill would provide that each of those local-officials shall receive the annual compensation the-official is receiving on May 31, 2026.-Under existing law, the base compensation of any-local official elected or appointed after July 1, 2025,-shall be the compensation of the immediately prior-officeholder.-This bill would provide that the base-compensation of any local official initially elected or-appointed after July 1, 2025, shall be the compensation-of the immediately prior officeholder, excluding any-compensation attributable to the previous-officeholder's longevity or that was awarded based on-merit.-Under existing law, a local official whose-compensation is increased by local law is entitled to-uniform increases granted equally to all county-employees.-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-HB370 INTRODUCED-Page 2-employees.-This bill would provide that a local official-whose compensation is tied, pursuant to a local law, to-a state official shall not be entitled to any local-uniform increases.-This bill would terminate any local uniform-increases granted to a local official by a local law-enacted prior to the 2026 Regular Session whose-compensation is tied to a state official when the-individual, serving in that office on May 31, 2026,-vacates that office.-This bill would prohibit any local law that-grants local uniform increases to a local official-whose compensation is tied to a state official.-This bill would also provide retroactive effect.-A BILL-TO BE ENTITLED-AN ACT-Relating to counties; to amend Sections 11-2A-1 and-11-2A-2, and Section 11-2A-4, as last amended by Act 2025-324,-2025 Regular Session, Code of Alabama 1975; to further provide-for the compensation of certain local officials; and to repeal-Sections 11-2A-3, 11-2A-6, 11-2A-7, and 11-2A-8, Code of-Alabama 1975, relating to the compensation of certain local-officials; and to provide retroactive effect.-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-46-47-48-49-50-51-52-53-54-55-56-HB370 INTRODUCED-Page 3-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:-Section 1. Sections 11-2A-1 and 11-2A-2, and Section-11-2A-4, as last amended by Act 2025-324, 2025 Regular-Session, Code of Alabama 1975, are amended to read as follows:-"§11-2A-1-(a) For purposes of determining the amount of annual-compensation which that a county shall pay to a county-commissioner, the chair of a county commission, a judge of-probate, a sheriff, a tax assessor, a tax collector, a revenue-commissioner, a license commissioner, and or an elected-assistant tax assessor or collector, the 67 counties of the-state shall be placed in categories based on population-according to the most recent 1990 federal decennial census.-(b) The population categories of counties are as-follows:-(1) CATEGORY 1. Population in excess of 450,000.-(2) CATEGORY 2. Population from 350,001 to 449,999.-(3) CATEGORY 3. Population from 200,001 to 350,000.-(4) CATEGORY 4. Population from 50,001 to 200,000.-(5) CATEGORY 5. Population from 19,000 to 50,000.-(6) CATEGORY 6. Population of less than 19,000."-"§11-2A-2-(a) Effective October 1, 2000, the The annual-compensation which a county shall pay to a county-commissioner, the chair of a county commission, 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: the annual-base compensation paid to the holder of the office on May 31,-57-58-59-60-61-62-63-64-65-66-67-68-69-70-71-72-73-74-75-76-77-78-79-80-81-82-83-84-HB370 INTRODUCED-Page 4-base compensation paid to the holder of the office on May 31,-2026.-(1) SHERIFF. 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.-(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-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-85-86-87-88-89-90-91-92-93-94-95-96-97-98-99-100-101-102-103-104-105-106-107-108-109-110-111-112-HB370 INTRODUCED-Page 5-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-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-113-114-115-116-117-118-119-120-121-122-123-124-125-126-127-128-129-130-131-132-133-134-135-136-137-138-139-140-HB370 INTRODUCED-Page 6-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) (b) Any laws to the contrary notwithstanding, no-person individual 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 chapter.-(5) (c)(1) 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.-(2) Notwithstanding the foregoing subdivision (1) , 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.-141-142-143-144-145-146-147-148-149-150-151-152-153-154-155-156-157-158-159-160-161-162-163-164-165-166-167-168-HB370 INTRODUCED-Page 7-Alabama of 1901.-(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-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. "-"§11-2A-4-(a)(1) After August 1, 2016, the The local officials-covered by this chapter shall be entitled to receive the same-uniform increases in compensation, whether the uniform-increases are based on a percentage of compensation or a flat-dollar amount, which are granted equally to all full-time-county employees by the county commission. The increases shall-be in the same amount or percentage, as the case may be, as-169-170-171-172-173-174-175-176-177-178-179-180-181-182-183-184-185-186-187-188-189-190-191-192-193-194-195-196-HB370 INTRODUCED-Page 8-be in the same amount or percentage, as the case may be, as-that amount or percentage increase provided to the county's-employees and shall apply to the official's base salary and to-any expense allowance the official receives pursuant to this-subdivision .-(2) Except as otherwise provided herein, officials in-Category 2 shall be eligible for the cost-of-living increases-beginning on October 1, 2000. If the implementation of this-chapter increases the compensation of an incumbent office-holder, the increase shall be paid as provided in Section-11-2A-2.-(3) The base compensation of any local official-initially elected or appointed after July 1, 2025, shall be-the compensation of the immediately prior officeholder-including any uniform increases received by the prior-officeholder , but excluding any compensation based on the-previous office holder's longevity or that was awarded based-on merit, including, but not limited to, a local merit system .-Any official shall continue to be entitled to receive uniform-increases in compensation as provided in subdivision (1).-(4) If a county commission grants a uniform increase to-all county employees other than those employees serving their-probationary period, the increase shall qualify as a uniform-increase to all county employees for the purposes of this-subsection.-(5) A merit-based increase shall not qualify as a-uniform increase unless all county employees receive the same-percentage or dollar increase.-(6) In a county with a classification system for-197-198-199-200-201-202-203-204-205-206-207-208-209-210-211-212-213-214-215-216-217-218-219-220-221-222-223-224-HB370 INTRODUCED-Page 9-(6) In a county with a classification system for-employees that includes annual step raises for each-classification of employee, the step raises shall be-considered a uniform increase for the purposes of this section-if the steps are based on a uniform dollar amount or-percentage, and the service credits for elected officials are-calculated and administered in the same manner as other-employees.-(b) Any provision of this chapter to the contrary-notwithstanding, the Legislature, by local law, may increase-set the compensation for local officials covered under this-chapter. However, if a local law increases the compensation of-a local official, the local official shall be entitled to any-uniform increases pursuant to the procedure in subsection (a),-except as otherwise provided by local law.-(c)(1) Any local official whose compensation is tied to-compensation of a state official shall not be entitled to-receive any uniform increases in compensation under this-chapter.-(2) The provision of any local law enacted prior to the-2026 Regular Session which authorizes a local official to-receive uniform increases in contradiction to subdivision (1)-shall be invalid once the individual serving in that office on-May 31, 2026, vacates that office.-(3) Following the 2025 Regular Session, no local law-may authorize a local official to receive uniform increases in-contradiction to subdivision (1).-(4) Beginning with the next term of office following-October 1, 2025, the compensation of any local official-225-226-227-228-229-230-231-232-233-234-235-236-237-238-239-240-241-242-243-244-245-246-247-248-249-250-251-252-HB370 INTRODUCED-Page 10-October 1, 2025, the compensation of any local official-subject to a local law that sets his or her compensation in-whole or in part on the salary of a circuit or district judge-shall be calculated using the base amounts in Section-12-10B-1, and any adjustment based on service or longevity-must be based on the actual time in office of the local-official. "-Section 2. Sections 11-2A-3, 11-2A-6, 11-2A-7, and-11-2A-8, Code of Alabama 1975, relating to the compensation of-county officials, are repealed.-Section 3. This act shall become effective on June 1,-2026.-253-254-255-256-257-258-259-260-261-262-263+FISCAL NOTE+House Bill 370+Committee: County and Municipal Government Sponsor: Representative Paul W. Lee+Analyst: Mathieu Fuller Date: 02/11/2026+House Bill 370 as reported by the Committee on County and Municipal Government could+decrease the future potential obligations of certain counties by an undetermined amount+dependent upon (1) the amount of compensation from uniform increases to county officials,+whose compensation is based on a state official's compensation, that would no longer be eligible+for uniform increases; and (2) the amount of compensation for longevity and merit provided to+former county officials that would no longer qualify as part of the base compensation of new+county officials.
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