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HB153 ENROLLED
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HB153
5VGK96M-2
By Representative Garrett (N & P)
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 12-Jan-26
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PFD: 12-Jan-26
Enrolled, An Act,
Relating to county personnel boards; to add Section
11-43-5.3 to the Code of Alabama 1975, to authorize certain
municipalities to opt out from the jurisdiction of a county
personnel board and to require a municipality that opts out
from the jurisdiction of a county personnel board to create a
civil service system and continue the rights of employees and
officials vested or vesting in the county personnel board; to
repeal Section 11-43-5.2, Code of Alabama 1975, which
authorizes certain Class 8 municipalities to opt out of a
county personnel board; and to provide and confirm that the
act is retroactive and curative.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-43-5.3 is added to the Code of
Alabama 1975, to read as follows:
§11-43-5.3
(a) This section shall apply to any Class 8
municipality with a corporate limit lying in two counties,
which has a population equal to or greater than 25,000
according to the last decennial census and which was subject,
on January 1, 2023, to a county personnel board.
(b)(1) The governing body of a municipality, by
ordinance, may opt out from the jurisdiction of a county
personnel board, effective six months after the effective date
of the ordinance. A copy of the ordinance shall be transmitted
to the county personnel board following its passage by the
municipal governing body.
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municipal governing body.
(2) Not less than 10 years after a municipality opts
out from the county personnel board's jurisdiction as provided
in subdivision (1), the municipality, by ordinance, may opt
back in to a county personnel board's jurisdiction, effective
six months after the effective date of the ordinance. A copy
of the ordinance shall be transmitted to the county personnel
board following its passage by the governing body.
(c) Any municipality that opts out from the county
personnel board's jurisdiction as provided in subdivision
(b)(1) shall create its own municipal civil service system
which shall ensure that the vested or vesting rights of any
existing appointees of the county civil service system are
protected and not otherwise altered or diminished, except as
otherwise provided for by law.
(d)(1) Any municipality exercising its rights under
this section may not engage in any type or form of
discrimination that is prohibited by federal or state law.
(2) Any municipality that elects to opt out as provided
in this section shall enact a policy that explicitly prohibits
the appointment, promotion, demotion, or dismissal of an
employee from any position which in any way favors or
discriminates against the employee because of his or her
political or religious opinions or affiliations or because of
his or her race or gender or for any other reason that is
prohibited by state or federal law.
Section 2. It is the intent of the Legislature that
this act be construed as retroactive and curative, and the
actions of any municipality that opted out from the county
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actions of any municipality that opted out from the county
personnel board's jurisdiction and created its own municipal
civil service system pursuant to Act 2023-460 of the 2023
Regular Session are hereby ratified, validated, approved, and
confirmed.
Section 3. Section 11-43-5.2, Code of Alabama 1975,
created by Act 2023-460 of the 2023 Regular Session and which
authorizes certain Class 8 municipalities to opt out of a
county personnel board and create its own municipal civil
service system, is repealed.
Section 4. This act shall become effective immediately.
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Section 4. This act shall become effective immediately.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 20-Jan-26.
John Treadwell
Clerk
Senate 10-Feb-26 Passed
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