SB322

By Senator Reed

ENROLLED, An Act,

Relating to the Alabama Department of Labor; to amend Sections 25-2-1.1 and 25-2-6, Code of Alabama 1975, to change the title and designation of the head of the Alabama Department of Labor from the Commissioner of Labor to the Secretary of Labor.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 25-2-1.1 and 25-2-6, Code of Alabama 1975, are amended to read as follows:

§25-2-1.1.

"(a) All powers, duties, and functions and all related records, property, equipment of, employees of, and all contractual rights, obligations of, and unexpended balances of appropriations and other funds or allocations of the Department of Labor shall be transferred to the Department of Industrial Relations which shall be renamed the Department of Labor on October 1, 2012.

"(b) Notwithstanding any other provision of law, whenever any act, section of the Code of Alabama 1975, or any other provision of law refers to the Department of Industrial Relations or the Department of Labor or the Director of Industrial Relations, or the Commissioner of Labor, or the Secretary of Labor, it shall be deemed a reference to the Department of Labor and the Commissioner Secretary of Labor created by Act 2012-496.

§25-2-6.

"The Department of Labor shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known and designated as the Commissioner Secretary of Labor. The Commissioner Secretary of Labor shall be the advisor of the Governor and the Legislature in matters relating to employer-employee relations and the welfare of the wage earners of the state. He or she shall be responsible to the Governor for the administration of the Department of Labor. The Commissioner Secretary of Labor shall be appointed by and shall hold office at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his or her duties, the Commissioner Secretary of Labor shall take the constitutional oath of office. Before entering upon the duties of office, the Commissioner Secretary of Labor shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than $10,000.00, for the faithful performance of the duties of the office. The annual salary of the Commissioner Secretary of Labor shall be fixed by the Governor at a sum comparable to salaries paid similar officers in other states, notwithstanding any limitation or maximum in any other law, $1,200.00 of which sum shall be paid from moneys of the State of Alabama and the remainder from grants of the United States of America to this state. Such salary shall be payable at the same time and in the same manner as the salaries of other state officers. The Commissioner Secretary of Labor is authorized and empowered to make such agreements as may be necessary or proper with the United States of America with respect to the proration of funds from the State of Alabama and funds from the federal government for the salary paid to the Commissioner Secretary of Labor by virtue of the provisions of this section. The Commissioner Secretary of Labor shall devote full time to his or her official duties and shall not hold another office under the government of the United States, or under any other state, or of this state or any political subdivision thereof, during his or her incumbency in such office, and shall not hold any position of trust or profit, or engage in any occupation or business the conduct of which shall interfere or be inconsistent with his or her duties as Commissioner Secretary of Labor under the provisions of this title."

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.

Labor Department

Commissioners

Code Amended