HB503

ENROLLED, An Act,

Relating to Fayette County; to amend Sections 45-29-71.02, 45-29-71.03, 45-29-71.04, and 45-29-83 of the Code of Alabama 1975, relating to the county commission and the judge of probate; to further provide for the membership, duties, and compensation of the county commission; and to further provide for the duties and compensation of the judge of probate.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 45-29-71.02, 45-29-71.03, 45-29-71.04, and 45-29-83 of the Code of Alabama 1975, are amended to read as follows:

§45-29-71.02.

"(a) Beginning on the second Monday of the year 2019, the Judge of Probate of Fayette County shall serve as the chairman of the county commission. These duties shall be in addition to the other duties of the judge of probate, who shall receive the compensation provided in Section 45-29-83.

"(b) The county commission shall consist of six members, who shall possess qualifications as hereinafter prescribed. district commissioners, plus the judge of probate, who shall serve as the chair. The compensation of each district commissioner shall be sixteen thousand seven hundred ninety dollars ($16,790) per year, and the amount shall be adjusted at any time the Fayette County employees are given an across the board raise, not to exceed five percent per year. The compensation adjustments for commissioners and other elected county officials, other than those set by state law, shall take effect at the beginning of the next term of each office affected. Multiple raises during a term of office shall be accumulated during the term of office and shall become effective at the start of the next term of office.

§45-29-71.03.

"Each district commissioner may serve a one-year term as vice-chair on the basis of a six-year rotation, the term beginning on the anniversary date of the seventh day next following the general election next preceding his or her term each year in the following order: District 1, District 3, District 6, District 5, District 4, District 2. A commissioner may elect to pass at any time that the term of the vice-chair arises or may swap terms with another consenting commissioner. The vice-chair, when presiding in the absence of the chair, shall have a vote in all matters before the commission except in the event of a tie whereupon the vice-chair, when presiding, shall have a second vote for the limited purpose of casting the deciding vote. The vice-chair, during his or her term as vice-chair, shall receive a salary supplement of five thousand dollars ($5,000) per year. In addition to his or her duties of presiding in the absence of the chair, the vice-chair will be expected to perform additional duties as assigned by the chair.

§45-29-71.04.

"The district members of the Fayette County Commission shall be elected from six single-member districts within the county, of which at least one shall have a majority black one district shall have a population of which the majority of the population is minority or as near to a majority as is possible under the law. The district members of the county commission shall serve in a part-time capacity effective upon the commencement of the next term of office of any of its members. The district members shall may not be precluded from holding other employment if it is not inconsistent with their duties and the laws of the state."

§45-29-83.

"(a) The Beginning with the next term of office after the effective date of this act, the Judge of Probate of Fayette County shall receive as his or her compensation an amount equal to 90 75 percent of the total amount starting total compensation paid the presiding circuit judge of the Twenty-fourth Judicial Circuit. The Judge of Probate of Fayette County shall be subject to the same compensation increases at the same time and in the same manner as the presiding circuit judge of the Twenty-fourth Judicial Circuit. The compensation shall be paid out of the General Fund of Fayette County.

"(b) All fees and monies received by the judge of probate or his or her office shall be deposited into the county general fund."

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.

Fayette County

Judge, Probate

County Commissions

Code Amended