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SB375 ENGROSSED
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SB375
QN66251-2
By Senators Coleman-Madison, Waggoner, Smitherman (N & P)
RFD: Jefferson County Legislation
First Read: 19-Mar-26
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First Read: 19-Mar-26
A BILL
TO BE ENTITLED
AN ACT
Relating to Class 1 municipalities; to authorize the
city council to set the salary of the mayor; to amend Sections
11-43-80 and 11-43-86, Code of Alabama 1975, to further
provide for the mayor's compensation; to make conforming
changes; and to repeal Act 84-618 of the 1984 Regular Session
(Acts 1984, p. 1256), providing for an expense allowance for
the mayor of a Class 1 municipality; Section 11-43-86.1, Code
of Alabama 1975, providing for an increase in the salary of
the mayor in a Class 1 municipality; and Section 45-37A-52.93,
Code of Alabama 1975, providing for the salary of the Mayor of
Birmingham.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The annual salary of the mayor of a
Class 1 municipality for the duration of his or her term shall
be set by the city council in an amount that is no less than
two hundred twenty thousand dollars ($220,000) per year. The
salary of the mayor shall not increase or decrease during his
or her term.
(b) The mayor shall receive the annual salary payable
in monthly installments at the end of each month, the
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in monthly installments at the end of each month, the
installments to be paid at the same rate for any portion of
the month during which the mayor holds the office at the rate
provided in subsection (a).
(c) The salary provided in subsection (a) shall
supersede any other salary provided by law.
Section 2. Sections 11-43-80 and 11-43-86, Code of
Alabama 1975, are amended to read as follows:
"§11-43-80
(a) The mayor shall have the powers and perform the
duties provided by this title and by other applicable
provisions of law and shall keep an office in the city or
town.
(b) The Except in any Class 1 municipality, the mayor
shall receive such salary as the council may prescribe, which
must be fixed by the council not less than six months prior to
each general municipal election ;, provided , however, the
six-month requirement in this section may be waived when
necessary to comply with a mandate by the U.S. Justice
Department pursuant to the Voting Rights Act of 1965, as
amended, or with an order issued by a state or federal court.
(c) In municipalities which that own and operate light
and power systems, municipal water systems, municipal sewage
systems, and municipal gas systems, one or any of them , may,
by resolution of the governing body duly entered in its
minutes, may require the mayor to act as superintendent of
such system or systems and to give so much of his or her time
thereof as the governing body may direct. In any municipality
in which a municipal board or municipal public corporation
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in which a municipal board or municipal public corporation
owns and operates a municipal light and power system,
municipal water system, municipal sewage system, and or
municipal gas system, one or any of them, such the board or
municipal public corporation may, by resolution duly entered
in its minutes, may employ the mayor to act as superintendent
of such the system or systems and to give so much of his or
her time thereto as such the board or corporation may direct.
The mayor, as such the superintendent of such system or
systems, shall serve as purchasing agent and make all
purchases authorized by the governing body, board, or
municipal public corporation therefor , and shall keep a check
on meter readings and bids for service of the system and see
that the appropriate collections thereof are made. He or she
shall see that the system or systems are kept in proper repair
and operation, shall keep an inventory showing the supplies
and equipment on hand for such system or systems, shall keep a
full and complete monthly financial statement of all operation
costs and receipts and, shall keep a proper inventory of the
fiscal assets of such system or systems, and shall handle all
such data and information relative to such system or systems
available for the governing body, board, or municipal public
corporation at such times as it shall require, but not less
frequently than once every three months. For his or her
service as superintendent of such system or systems, the mayor
shall be paid, in addition to his or her salary as mayor, such
the sum as the governing body, board, or municipal corporation
shall deem reasonable. The governing body, board, or municipal
corporation may, at any time it deems best, may dispense with
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corporation may, at any time it deems best, may dispense with
the mayor's service as superintendent.
(d) The provisions of this section shall be curative
and retroactive, and any employment of any mayor as
superintendent of any such utility or utilities heretofore
made by any such governing body, board, or municipal public
corporation, and any such salary heretofore paid to any mayor
by any such governing body, board, or municipal corporation
for his or her services as superintendent of such the system
or systems, is hereby validated."
"§11-43-86
(a) The mayor or other chief executive officer of any
Class 1 city shall be paid, in addition to the compensation
provided by law for the office, the additional sum of
$1,833.33 eight thousand dollars ($8,000) per month, payable
in advance on the first day of each month as an allowance for
expenses incident to the office of mayor, for which the mayor
shall not be required to file an accounting.
(b) All other provisions of law notwithstanding, the
mayor may elect in writing to have the expense allowances
authorized by subsection (a) and by subsection (a) of Section
11-43-7.1 (a) treated as subject to withholding of any employee
contribution required to be paid into the trust fund provided
under any pension or retirement system in which the mayor is
eligible to participate. The mayor may also elect in writing
within 90 days of October 9, 1992, to pay into the pension or
retirement system trust fund the required contribution on any
expense allowance previously received under this section prior
to October 9, 1992, during all or any portion of the
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to October 9, 1992, during all or any portion of the
three-year period prior to the mayor's payment election,
together with interest at the rate of eight percent per annum
thereon computed from the date of receipt of the allowance to
the date of payment. If either or both of the elections
election is made by the mayor, the expense allowances on which
employee contributions are paid into retirement plan trust
fund allowance shall be considered together with all salaries
received by the mayor, from which the required employee
contribution was likewise withheld and paid into the
retirement trust fund, to determine the amount of any
retirement benefits or allowances to which the mayor may be
entitled to receive as provided under the pension system upon
retirement under the terms of the system.
(c) The mayor or other chief executive officer of any
city shall attend as the official representative of the city
meetings and conferences in the city to which he or she is
invited and which will , in the opinion of such mayor or chief
executive officer , result in the advertisement of the city or
any function or undertaking of the city. The mayor or chief
executive officer shall be the sole judge of the conferences
or meetings he or she should attend.
(d) This section shall not be construed so as to
prevent any mayor or other chief executive officer from being
reimbursed for actual expenses incurred on or in connection
with a trip on city business beyond the corporate limits of
the city. However, reimbursements under this subsection shall
not accrue against the amounts authorized in subsection (b),
nor shall reimbursements of actual expenses incurred beyond
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nor shall reimbursements of actual expenses incurred beyond
the corporate limits of the city be eligible for pension
system withholding or be considered in determining pension or
retirement benefits or allowances."
Section 3. The following are repealed:
(1) Act 84-618 of the 1984 Regular Session (Acts 1984,
p. 1256), providing for an expense allowance for the mayor of
a Class 1 municipality.
(2) Section 11-42-86.1, Code of Alabama 1975, providing
for an increase in the salary of the mayor in a Class 1
municipality.
(3) Section 45-37A-52.93, Code of Alabama 1975,
providing for the salary of the Mayor of Birmingham.
Section 4. This act shall become effective immediately.
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Section 4. This act shall become effective immediately.
Senate
Read for the first time and referred
to the Senate committee on Jefferson
County Legislation
................19-Mar-26
Read for the second time and placed
on the calendar:
1 amendment
................31-Mar-26
Read for the third time and passed
as amended
Yeas 30
Nays 0
Abstains 0
................01-Apr-26
Patrick Harris,
Secretary.
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