SB 132

SB132 INTRODUCED
1 SB132
2 G3HQD2C-1
3 By Senator Shelnutt     (N & P)
4 RFD: County and Municipal Government
5 First Read: 13-Jan-26
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G3HQD2C-1 01/12/2026 PMG (L)ma 2026-174
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4 SYNOPSIS:
5Under existing law, each county with a
6population of 400,000 or more shall have a county
7personnel board for all employees and appointees
8holding positions in the classified service of the
9county and each municipality with a population of 5,000
10or more.
11This bill would authorize a Class 8 municipality
12with a population of 25,000 or more according to the
13last decennial census and that has a corporate limit
14lying in two counties to opt out of the county
15personnel board's jurisdiction after six months notice,
16and to opt back in to the jurisdiction of the county
17personnel board not less than 10 years thereafter at
18the sole discretion of the municipality.
19This bill would require a municipality that opts
20out of a county personnel board's jurisdiction to
21create its own municipal civil service system and
22continue all vested rights and interests of employees
23and appointees who were subject to the county personnel
24board.
25This bill would prohibit a municipality subject
26to this act from engaging in discrimination which is in
27violation of federal or state law and would require the
28municipality to adopt a certain antidiscrimination
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29policy.
30This bill would provide and confirm that the act
31is intended to be retroactive and curative.
32This bill would also repeal a law that
33authorizes certain Class 8 municipalities to opt out of
34a county personnel board.
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37A BILL
38TO BE ENTITLED
39AN ACT
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41Relating to county personnel boards; to add Section
42 11-43-5.3 to the Code of Alabama 1975, to authorize certain
43 municipalities to opt out from the jurisdiction of a county
44 personnel board and to require a municipality that opts out
45 from the jurisdiction of a county personnel board to create a
46 civil service system and continue the rights of employees and
47 officials vested or vesting in the county personnel board; to
48 repeal Section 11-43-5.2, Code of Alabama 1975, which
49 authorizes certain Class 8 municipalities to opt out of a
50 county personnel board; and to provide and confirm that the
51 act is retroactive and curative.
52 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
53Section 1. Section 11-43-5.3 is added to the Code of
54 Alabama 1975, to read as follows:
55§11-43-5.3
56(a) This section shall apply to any Class 8
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57 municipality with a corporate limit lying in two counties,
58 which has a population equal to or greater than 25,000
59 according to the last decennial census and which was subject,
60 on January 1, 2023, to a county personnel board.
61(b)(1) The governing body of a municipality, by
62 ordinance, may opt out from the jurisdiction of a county
63 personnel board, effective six months after the effective date
64 of the ordinance. A copy of the ordinance shall be transmitted
65 to the county personnel board following its passage by the
66 municipal governing body.
67(2) Not less than 10 years after a municipality opts
68 out from the county personnel board's jurisdiction as provided
69 in subdivision (1), the municipality, by ordinance, may opt
70 back in to a county personnel board's jurisdiction, effective
71 six months after the effective date of the ordinance. A copy
72 of the ordinance shall be transmitted to the county personnel
73 board following its passage by the governing body.
74(c) Any municipality that opts out from the county
75 personnel board's jurisdiction as provided in subdivision
76 (b)(1) shall create its own municipal civil service system
77 which shall ensure that the vested or vesting rights of any
78 existing appointees of the county civil service system are
79 protected and not otherwise altered or diminished, except as
80 otherwise provided for by law.
81(d)(1) Any municipality exercising its rights under
82 this section may not engage in any type or form of
83 discrimination that is prohibited by federal or state law.
84(2) Any municipality that elects to opt out as provided
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85 in this section shall enact a policy that explicitly prohibits
86 the appointment, promotion, demotion, or dismissal of an
87 employee from any position which in any way favors or
88 discriminates against the employee because of his or her
89 political or religious opinions or affiliations or because of
90 his or her race or gender or for any other reason that is
91 prohibited by state or federal law.
92Section 2. It is the intent of the Legislature that
93 this act be construed as retroactive and curative, and the
94 actions of any municipality that opted out from the county
95 personnel board's jurisdiction and created its own municipal
96 civil service system pursuant to Act 2023-460 of the 2023
97 Regular Session are hereby ratified, validated, approved, and
98 confirmed.
99Section 3. Section 11-43-5.2, Code of Alabama 1975,
100 created by Act 2023-460 of the 2023 Regular Session and which
101 authorizes certain Class 8 municipalities to opt out of a
102 county personnel board and create its own municipal civil
103 service system, is repealed.
104Section 4. This act shall become effective immediately.
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