HB447 By Representatives Fridy, Hill (M), Garrett, Moore (B), Davis, South and Shiver RFD Judiciary Rd 1 09-APR-15

SYNOPSIS: Under existing general law, the judges of probate in this state are provided a minimum salary that was provided by Act 90-702 of the 1990 Regular Session, Section 12-13-20, Code of Alabama 1975. This salary was adjusted by certain increases in the Omnibus Pay Act in Act 2000-108, Chapter 2A of Title 11, Code of Alabama 1975, based on certain population categories of counties established therein. In addition, a judge of probate of a county may receive a cost-of-living adjustment under certain conditions pursuant to the Omnibus Pay Act if a cost-of-living increase for county employees is adopted at the time of the adoption of a county budget.

This bill would provide that the judge of probate of a county would receive an annual salary based on a percentage of the salary of a state district court judge according to the population category of the county in the Omnibus Pay Act as provided in this act, adjusted based on the years of service of the judge of probate in the same manner as the salaries as for district court judges are adjusted based on bench time as a district court judge.

This bill would also repeal certain provisions providing for the judges of probate to receive five cents per name for the preparation of voter lists.

A BILL TO BE ENTITLED AN ACT

Relating to the office of judge of probate in the several counties of this state; to provide for the salaries of the judges of probate based on certain population categories established in the Omnibus Pay Act in Section 11-2A-1, Code of Alabama 1975; to further provide for implementation; to amend Section 17-3-60, Code of Alabama 1975, to delete provisions for the judges of probate to receive certain amounts for the preparation of voter lists; and to repeal Section 12-13-20, Code of Alabama 1975.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Except as otherwise provided in this act or by law, the judge of probate of a county shall receive an annual salary based on a percentage of the salary of a district court judge in the state court system as further provided herein according to the population category of the county where the judge of probate serves as the population categories are established in Section 11-2A-1, Code of Alabama 1975:

Population Category Percent of Salary of District Judge Population Category 1 or 2: 100 percent Population Category 3 or 4: 90 percent Population Category 5: 80 percent Population Category 6: 70 percent

(b)(1) Except as otherwise provided in this section or by law, any judge of probate in a county elected or appointed as a judge of probate who is not serving as a judge of probate on the effective date of this act or who has no prior service as a judge of probate shall receive a percentage of the annual base salary of a district court judge adjusted based on the population category for the county where the judge of probate serves as provided in subsection (a). The judge of probate shall thereafter receive step increases in salary for additional years of service as a judge of probate in the same manner as step increases are provided for district court judges for bench experience.

(2) Except as otherwise provided in this section or by law, any judge of probate in a county serving on the effective date of this act or a judge of probate elected or appointed as a judge of probate after the effective date of this act who has prior years of service as a judge of probate shall receive a percentage of the annual salary a district court judge receives based on total years of service as a judge of probate in the same manner as the salary of a district court judge is set based on the bench experience as district court judge and adjusted based on the population category for the county where the judge of probate serves as provided in subsection (a). The judge of probate shall thereafter receive step increases in salary for additional service as a judge of probate in the same manner as step increases are provided for district judges for bench experience up to the maximum salary provided by law for a district judge.

(c)(1) This section shall not affect the salary of a judge of probate of a county who receives a greater salary by local law or as otherwise provided by law.

(2) This section shall not affect the salary of a judge of probate of a county if the judge of probate is compensated on the fee system.

(d) The salary provided by this act shall continue to be paid from the general fund of the respective county.Section 2. (a) Section 17-3-60 of the Code of Alabama 1975, is amended to read as follows:

§17-3-60.

"The judge of probate may employ such assistants and clerical help as may be necessary to complete and properly prepare reports from the state voter registration list of the list of qualified electors which the judge of probate is required to furnish a certified copy to the election inspectors. The judge of probate shall receive or such assistants shall be paid out of the county treasury by warrants, drawn by the county commission on certificate of the judge of probate, accompanied by the certificates of the person being paid, showing the amount due under the provisions of this chapter, but the entire amount spent for the preparation of such lists shall not exceed a sum equal to the amount obtained by multiplying the number of names on the list by five cents ($.05) for the preparation of such list. The judge of probate in all counties having a population of not less than 100,000 nor more than 350,000, according to the last or any subsequent federal census, shall employ a clerk to assist the board of registrars of the county. The duties of the clerk shall be to submit to the board of registrars revised election lists of the county by placing all persons in their proper ward or precincts and eliminating therefrom all deceased, nonresident, and fictitious persons named upon the voting roll and those convicted of crime. The clerk shall further attend to all clerical work of the board of registrars. The clerk shall be paid a compensation out of the county treasury, of not more than two hundred fifty dollars ($250) per month, to be fixed by the judge of probate.

"The board of registrars shall be furnished with office space by the county governing body. The chair of the board of registrars is hereby authorized to purchase all necessary office equipment and hire all necessary part time or full time clerical help to perform its prescribed duties."

Section 3. Section 12-13-20 of the Code of Alabama 1975, relating to the minimum salaries of the judge of probate, is repealed.

Section 4. This act shall become effective on the commencement of the term of any judge of probate taking office beginning with the next full term in January 2019.

Judge, Probate

Compensation

Counties

Elections

Code Repealed

Code Amended