SB137

ENGROSSED

By Senators Holley, Albritton and Dial

A BILL TO BE ENTITLED AN ACT

Relating to the Board of Registrars; to amend Sections 17-3-2, 17-3-3, 17-3-4, 17-3-5, as last amended by Act 2016-311, 2016 Regular Session, and 17-3-8, Code of Alabama 1975, to specify that appointees to the Board of Registrars serve at the pleasure of the appointing authorities; to revise the process and content of registrar guidelines prescribed by the Secretary of State; to provide that a registrar removed for cause would be ineligible for reappointment as a registrar for a specified time frame; to clarify the compensation received by registrars; to require the board to be open during the same hours as the county courthouse; and to require the tracking and reporting of hours worked by registrars.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 17-3-2, 17-3-3, 17-3-4, 17-3-5, as last amended by Act 2016-311, 2016 Regular Session, and 17-3-8, Code of Alabama 1975, are amended to read as follows:

§17-3-2.

"(a) Registration shall be conducted in each county by a board of three reputable and suitable persons to be appointed, unless otherwise provided by law, by the Governor, Auditor, and Commissioner of Agriculture and Industries, or by a majority of them acting as a state board of appointment. Beginning on October 1, 2019, each appointee shall serve at the pleasure of the appointing authority. The appointing authorities shall coordinate their appointments to enhance racial, gender, urban, rural, and economic diversity. The registrars shall be qualified electors, residents of the county, shall have a high school diploma or equivalent, and possess the minimum computer and map reading skills necessary to function in the office, and meet all other minimum job qualifications as described in the job description. The Secretary of State, with the unanimous written consent of the appointing authorities, shall prescribe guidelines, including a detailed job description containing minimum qualifications to assist the state board of appointment in determining the qualifications of registrars. The registrars shall not hold an elective office during their term. One of the members shall be designated by the state board of appointment as chair of the board of registrars for each county.

"(b) Notwithstanding the provisions of subsection (a), the Legislature may provide by local law for the appointment of additional members to the board of registrars for a county that has two courthouses.

"(c) The provisions of this section shall not apply in any county having a population of not less than 600,000 inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application providing for the appointment of any member of the board of registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.

§17-3-3.

"The Notwithstanding subsection (a) of Section 17-3-2, the registrars appointed under this article may be removed for cause by the Secretary of State at any time before the end of their term of office, upon submitting written reasons therefor to the registrar removed and to the members of the state board of appointment. A registrar removed for cause shall be ineligible for reappointment as a registrar by an appointing authority for the duration of the term of office in which the removal occurred. If not so removed, the registrar may hold office for four years from the date of appointment and until a successor is appointed.

§17-3-4.

"If one or more of the persons appointed on such board of registrars shall refuse, neglect, or be unable to qualify to serve, or if a vacancy or vacancies occur in the membership of the board of registrars, from any cause, the Governor, Auditor, and Commissioner of Agriculture and Industries, or a majority of them acting as a state board of appointment, shall make other appointments to fill such vacancies. If a vacancy is left unfilled for more than 30 days, the Secretary of State may make a temporary appointment to fill the position until a permanent appointment is made by the appointing authority.

§17-3-5.

"(a) Each registrar shall receive a salary in the amount of eighty dollars ($80) per working day for each working day's attendance upon business of the board, to be paid by the state and disbursed to the county commissions and disbursed by the county commissions to each registrar on order of a quorum of the board of registrars of the county. The state Comptroller shall issue to each county commission on a monthly basis an amount sufficient to fund these payments plus the employer share of the Social Security or Federal Insurance Corporation Act tax. The county commission will provide to the state Comptroller an invoice itemized to reflect payments made. If a legal holiday falls on a day the board is to be in session, and the courthouse of the county is closed for the holiday, the board of registrars shall be compensated for the holiday. Each registrar shall receive a mileage allowance equal to the amount allowed state employees or employees of the county, whichever is greater, for official travel in the course of attending the business of the board, including attending continuing education programs. Travel and other expenses shall be paid by the county commissions to the boards of registrars and the state shall reimburse the county commissions based on a written request submitted by the county commissions to the state Comptroller.

"(b) The provisions of this section regarding travel mileage shall not apply in any county having a population of 600,000 or more inhabitants according to the 1970 or any succeeding federal decennial census, and any currently effective local law or general law of local application regarding travel mileage for registrars in the county shall remain in full force and effect and shall not be repealed by operation of this chapter.

"(c) Members of the boards of registrars of this state are hereby declared to be state employees for the purposes of Chapter 28 of Title 36.

"(d) Members of the boards of registrars of this state shall be treated as equals with other state and county employees in regard to Social Security protection and benefits.

"(e) All payments by a county to any member of a county board of registrars (except for mileage or reimbursement for expenses) shall be treated for Social Security purposes equally with payments by that county to other county employees of the county.

"(f) The state office for Social Security and the state Comptroller and each county commission are directed to take all necessary action to insure that members of the boards of registrars of this state are treated as other state and county employees in regard to Social Security protection and benefits as provided in Chapter 28 of Title 36, including, if necessary, amending the federal-state agreement referred to in Chapter 28 of Title 36, to implement the intent of the Legislature as expressed herein.

"(g) No county commission may reduce the current county supplement upon the effect of this section by implementation of Act 94-693.

"(h) A county commission may allow the chair or any member of the county board of registrars who has served at least 16 years in that position to participate in any health insurance program provided by the county upon the same terms, conditions, and employee contributions as required for county employees.

"This subsection shall not apply to any health insurance plans administered by the State of Alabama as described in Title 36, Chapter 29 and Title 11, Chapter 91A.

§17-3-8.

"(a) Each member of the board of registrars in the Counties of Chambers, Clay, Cleburne, Coosa, Dallas, Escambia, Geneva, Lowndes, Perry, Sumter, and Wilcox may meet a maximum of 120 working days each fiscal year; each member of the board of registrars in the Counties of Barbour, Blount, Butler, Fayette, Greene, Lee, Marengo, Pickens, Pike, Randolph, and Winston may meet a maximum of 168 working days each fiscal year, except in the Counties of Lee and Pike each board of registrars may meet up to an additional 30 session days each fiscal year, at the discretion of the chair of the county commission, and such days shall be paid from the respective county funds; each member of the board of registrars in Tallapoosa County and each member of the board of registrars in Talladega County may meet a maximum of 220 working days each fiscal year, except that in Talladega County the board of registrars may meet up to an additional 30 session days each fiscal year, at the discretion of the chair of the county commission; each member of the board of registrars in the Counties of Dale, Franklin, Houston, Marion, Marshall, Bullock, Macon, and Tuscaloosa may meet a maximum of 216 working days each fiscal year; each member of the board of registrars in the Counties of Limestone and Shelby may meet a maximum of 167 working days each fiscal year; and each member of the board of registrars in Russell County may meet a maximum of 177 working days each fiscal year.

"(b) In the Counties of Choctaw, Coffee, Colbert, Cullman, Lauderdale, and Monroe each member of the board of registrars may meet a maximum of 199 working days each fiscal year.

"(c) Each member of the Board of Registrars of Autauga, Elmore, and Bibb Counties may meet a maximum of 187 working days each fiscal year. Each member of the Board of Registrars of Walker County may meet a maximum of 200 days each fiscal year and each member of the Board of Registrars of Lamar, Cherokee, Clarke, Conecuh, Crenshaw, Hale, and Washington Counties may meet a maximum of 140 days each fiscal year. Each member of the board of registrars in the following counties may meet the following maximum number of working days each fiscal year: Henry - 140 working days; Covington - 188 working days; DeKalb - 207 working days; Jackson - 207 working days; Etowah - 207 working days; and Lawrence - 140 working days.

"(d) Each member of the board of registrars in the Counties of Baldwin, Calhoun, Chilton, Madison, Mobile, Montgomery, St. Clair, and Morgan are authorized to meet not more than five days each week for the purpose of carrying out their official duties. Jefferson County, which is now operating under the provisions of local laws, shall be exempted from the provisions of this section. Provided, however, that where the words "each year" are used in the local laws the words mean "each fiscal year."

"(e) The actual number of working days to be used as session days shall be determined by a quorum of the board of registrars according to the needs of the county.

"(f) As many as 25 of the allotted working days may be used for special registration sessions (i.e., those sessions held away from the courthouse in the several precincts of the county or sessions held on Saturday or between the hours of 5:00 P.M. and 9:00 P.M.). Notice of any special session scheduled by the board shall be given at least 10 days prior to the special session by (1) bills posted at three or more public places in each election precinct affected, if the session involves precinct visits, and (2) advertisement once a week for two successive weeks in a newspaper published in the county or by radio or television announcements on a local station, or both by newspaper or announcement.

"(g) On working days, the Board of Registrars shall be open the same hours as the courthouse of the county and shall have a registrar present during those hours.

"(h) The Secretary of State shall establish a methodology for members to track and report hours worked.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Elections

Voter Registration

Board of Registrars

Secretary of State

Code Amended