SB394 By Senators Albritton, Orr, Brewbaker, Melson, Coleman-Madison, Livingston, Shelnutt, Stutts, Ward and Marsh RFD Finance and Taxation General Fund Rd 1 07-APR-16

SYNOPSIS: Under existing law, salaries of department heads and assistant department heads of the Governor's cabinet and exempt employees and executive assistants in the Governor's office are fixed by the Governor in accordance with recommendations by the State Personnel Board of appropriate pay ranges within the state pay plan.

This bill would require the State Personnel Board to establish an appropriate pay range for each department head and assistant department head of the Governor's cabinet and exempt employees and executive assistants in the Governor's office and would cap the salary for each new department head and assistant department head and exempt employees at 10 percent greater than the lowest salary of the pay range established by the State Personnel Board.

This bill would limit increases in salary of department heads and others appointed by the Governor.

This bill would repeal Section 36-6-6, Code of Alabama 1975.

This bill would also provide that the salaries of all existing department heads of the Governor's cabinet be capped at the level established for new department heads under this act.

A BILL TO BE ENTITLED AN ACT

Relating to the Governor's cabinet members; to repeal Section 36-6-6, Code of Alabama 1975; to require the State Personnel Board to establish a salary range for each department head and assistant department head of the Governor's cabinet and exempt employees and executive assistants in the Governor's office; to cap the salary for each new person in one of these positions at 10 percent greater than the lowest salary of the pay range established by the State Personnel Board; to limit increases in salary of department heads and others appointed by the Governor; and to provide that the salaries of all existing department heads of the Governor's cabinet be capped at the level established for new department heads under this act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) The State Personnel Board shall establish an appropriate pay range within the state pay plan for all of the following:

(1) Each appointed department head and individual who is considered a member of the Governor's cabinet.

(2) Each appointed assistant department head and individual who is considered a Governor's assistant cabinet member.

(3) Other officers and employees appointed in the exempt service and the executive assistants in the Governor's office.

(b) The salary for each new appointee may not exceed 10 percent greater than the lowest salary in the pay range for that position, as established pursuant to subsection (a).

(c) If some authority other than the Governor appoints an officer or employee, the salary shall be fixed by the appointing authority with the approval of the Governor and the State Personnel Board.

(d) The State Personnel Board or appointing authority other than the Governor, as applicable, shall give due consideration to the salaries of comparable positions in other states and in private industry in Alabama.

(e) The salary of an appointee may not increase more than 10 percent annually; provided, however, the salary may not increase more than 25 percent, cumulatively, over a four-year period.

Section 2. Section 36-6-6, Code of Alabama 1975, is repealed.

Section 3. The legislative intent of Act 2015-309 of the 2015 Regular Session was to clarify existing practice, not to bring about excessive pay increases for members of the Governor's cabinet. On and after the effective date of this act, the salaries of all existing department heads and individuals who are considered members of the Governor's cabinet shall be set at the level for new appointees as provided in subsection (b) of Section 1.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

State Officers

Compensation

State Personnel Board

State Agencies

Governor

Appointments

Code Repealed