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-HB370 INTRODUCED
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-HB370
-2JE8RSI-1
-By Representative Lee
-RFD: County and Municipal Government
-First Read: 03-Feb-26
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-2JE8RSI-1 01/30/2026 THR (L)lg 2026-618
+FN-XDPRRZE-2
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-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.
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-HB370 INTRODUCED
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-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:
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-HB370 INTRODUCED
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-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,
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-HB370 INTRODUCED
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-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
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-HB370 INTRODUCED
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-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
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-HB370 INTRODUCED
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-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.
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-HB370 INTRODUCED
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-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
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-HB370 INTRODUCED
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-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
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-HB370 INTRODUCED
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-(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
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-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.
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+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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