HB375 By Representatives Rowe, Hill (M), Ball, Pettus, Wood, Greer, Coleman-Evans, Fridy, McCutcheon, Treadaway, South, Henry, Boothe, Grimsley, Givan, Harper, Weaver and Faulkner RFD Ways and Means General Fund Rd 1 31-MAR-15

SYNOPSIS: Under existing law, certain law enforcement officers receive a subsistence allowance of $12 for each working day.

This bill would provide that law enforcement officers transferred to the newly created Alabama State Law Enforcement Agency would receive the subsistence allowance of $12 and would increase the allowance by $4 beginning October 1, 2015.

A BILL TO BE ENTITLED AN ACT

To amend Section 36-21-2, Code of Alabama 1975, relating to subsistence pay, to provide that law enforcement officers transferred to the newly created Alabama State Law Enforcement Agency will receive a subsistence allowance.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 36-21-2, Code of Alabama 1975, is amended to read as follows:

§36-21-2.

"(a) Any law enforcement officer of the State of Alabama who is employed by the Department of Public Safety, Alabama State Law Enforcement Agency, Department of Industrial Relations Labor, Department of Conservation and Natural Resources, Alabama Alcoholic Beverage Control Board, Department of Agriculture and Industries, Alabama Department of Forensic Sciences, the Transportation Enforcement Division of the Alabama Public Service Commission, Alabama Liquefied Petroleum Gas Board, the Alabama Criminal Justice Information Center, the Alabama Peace Officers' Standards and Training Commission, the Alabama Securities Commission, the State Port Authority, probation and parole officers of the Alabama Board of Pardons and Paroles, fire marshals of the Department of Insurance, revenue enforcement officers of the Department of Revenue, law enforcement officers of the State Capitol Police, any investigator employed by the Alabama Ethics Commission, any investigator employed by a district attorney on a full-time basis, the marshal or any deputy marshal of the state appellate court, or correctional officers of the Department of Corrections shall receive a subsistence allowance of twelve dollars ($12) for each working day of a pay period while engaged in the performance of the duties as a law enforcement officer. This allowance shall be in addition to all other compensation, expenses, and allowances provided those officers.

"(b) The subsistence allowance shall not be subject to any income or other taxes levied by the State of Alabama or the federal government.

"(c) The act adding this amendatory language regarding the Department of Corrections correctional officers shall be phased-in in the amount of one dollar ($1) per fiscal year for the 12 years beginning October 1, 1995. In any year that it is determined by Senate Joint Resolution or House Joint Resolution enacted by both houses and signed by the Governor that because of fiscal emergency the implementation of the one dollar ($1) per fiscal year shall be suspended for that year only, this subsistence allowance, or any portion thereof, may be suspended.

"(d) The subsistence allowance to law enforcement officers at the Alabama Criminal Justice Information Center shall be paid from its Special Revenue Fund and not from General Fund appropriations to the center. The subsistence allowance to law enforcement officers at the Peace Officers' Standards and Training Commission shall be paid from the Peace Officers' Standards and Training Fund and the subsistence allowance paid to Securities Commission Officers shall be paid from the Securities Commission Fund.

"(e) The subsistence allowance for law enforcement officers employed by the State Port Authority provided in subsection (a) shall be phased in as follows:

"(1) For the remainder of the fiscal year ending September 30, 2006, the subsistence allowance shall be six dollars ($6) per day.

"(2) For the fiscal year commencing October 1, 2006, the subsistence allowance shall be nine dollars ($9) per day.

"(3) For the fiscal year commencing October 1, 2007, and thereafter, the subsistence allowance shall be the amount provided in subsection (a).

"(f) For the fiscal year commencing October 1, 2015, and continuing thereafter, a law enforcement officer employed by the Alabama Law Enforcement Agency shall receive an increase of four dollars ($4) in subsistence allowance for each working day of the pay period while engaged in the performance of the duties as a law enforcement officer. This allowance shall be in addition to all other compensation, expenses, and allowances provided to those officers."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Law Enforcement

Subsistence Allowance

Compensation

Public Safety Department

Law Enforcement Agencies

Code Amended