Bill Summary – FastDemocracy

 SB54
 208999-2
 By Senator Sanders-Fortier
 RFD: Governmental Affairs
 First Read: 02-FEB-21
 PFD: 01/19/2021
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  SB54
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  ENROLLED, An Act,
            Relating to the appointment of members to county
  boards of equalization; to amend Sections 40-3-2, 40-3-4,
  40-3-7, as last amended by Act 2019-452, 2019 Regular Session,
  and 40-3-8 Code of Alabama 1975; to authorize the Commissioner
  of the Department of Revenue to make appointments to the board
 under certain conditions; to provide a process for the filling
 of vacancies; to increase the per diem rate for an active
 board member; and to make nonsubstantive, technical revisions
 to update the existing code language to current style.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
           Section 1. Sections 40-3-2, 40-3-4, 40-3-7, as last
 amended by Act 2019-452, 2019 Regular Session, and 40-3-8 Code
 of Alabama 1975, are amended to read as follows:
           "40-3-2.
           "(a) This subsection shall apply to every county in
 the state except a county subject to the provisions of
 subsection (b) of this section. During the month of August,
 1943, and during the month of August of each fourth year
 thereafter, the county commission of each county, the county
 board of education and the governing body of the largest
 municipality in each county shall each submit in writing to
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  the state Commissioner of Revenue the names of three persons,
  and the governing body of each other incorporated municipality
  within the county shall, in like manner, submit the name of
  one person, all of whom are residents of the county, who are
  each owners of taxable real property which is located within
  this state the county, who are each qualified electors in said
  the county and who are, in the opinion of said the nominating
  body, persons competent to serve as members of the county
  board of equalization. In those counties where there is no
 incorporated municipality, the commission of said the county
 shall nominate six persons as competent persons for
 appointment to membership on such board of equalization. From
 each group of three nominees, submitted by the county
 governing bodies and the county board of education and from
 the total group of nominees submitted by the governing bodies
 of the municipalities, the Commissioner of Revenue, within 30
 days after receipt of such lists of nominees, with the
 approval of the Governor shall appoint one person to
 membership on the county board of equalization so that the
 membership of said the board shall be composed of three
 members, one of whom was nominated by the governing body of
 the county, one by the county board of education, and one by
 the governing body of the incorporated municipalities in the
 county, except, however, that in those counties having no
 incorporated municipality, two of the three members of said
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  the board shall be selected from the six nominees of the
  county governing body; provided, that the Commissioner of
  Revenue may reject any group of nominees, in which event the
  body nominating them shall submit additional names, one of
  whom shall be appointed by the Commissioner of Revenue with
  the approval of the Governor. The members of the several
  county boards of equalization appointed from the nominees as
  in this section provided shall hold office for four years
  beginning October 1, 1943, and every fourth year thereafter.
 In all counties having a population of 400,000 or more persons
 according to the 1940 federal census or any subsequent census,
 where there is now or hereafter may be a countywide civil
 service system, all nominees must take an examination and
 qualify by a civil service examination to be conducted by said
 the civil service system, except any member of any board of
 equalization now duly appointed as a member of said the board
 of equalization shall be deemed qualified for appointment. In
 the event the names submitted by either the county commission
 of the county, the county board of education and the governing
 body of the largest municipality in said the county having a
 countywide civil service system have already been submitted by
 either of the nominating parties, the Commissioner of Revenue
 shall so notify said the nominating authorities bodies, and
 said the nominating authorities bodies shall forthwith submit
 the names of another person or persons qualified under said
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  the civil service examination not theretofore nominated by the
  other nominating authorities bodies. In the event that any
  nominating body fails to timely submit a list of nominations
  for appointments to the countys board of equalization, the
  Commissioner of Revenue may appoint members derived from the
  remaining nominees previously submitted by other nominating
  bodies.
            "(b) This subsection shall apply to any county of
  this state which has a population of 600,000 or more according
 to the last or any subsequent federal census. On October 1,
 1975, the office of chairmanship of the board is created. The
 chairman shall be the executive officer of the board and shall
 supervise the assignment of duties to members and employees.
 The provisions of the Merit System law, including the
 provisions thereof governing appointment and compensation of
 persons subject to said the Merit System law, shall apply to
 the chairmanship and to the chairman.
           "The governing body of the county shall appoint the
 chairman subject to the Merit System law. Any person who is
 serving as chairman on October 1, 1975, and who has so served
 for at least 24 consecutive months immediately prior to such
 date shall be deemed to have been appointed under the
 provisions of this subsection and to have acquired permanent
 civil service status as chairman. Any person serving as
 chairman on October 1, 1975, and who has served as chairman
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  for more than 12 months and for less than 24 months
  immediately preceding October 1, 1975, shall be deemed to have
  been appointed under the provisions of this subsection and to
  be serving his or her probationary period under the Merit
  System law. Any person serving as chairman on October 1, 1975,
  who has served for less than 12 consecutive months immediately
  prior to said the date shall be deemed to be a temporary
  appointee under the Merit System law and shall be required to
  take and pass an appropriate examination or be replaced by
 another applicant who has taken and passed such examination.
           "After October 1, 1975, the associate members of the
 board shall serve the remainder of the term for which they
 were appointed under subsection (a) of this section to serve.
 Upon the expiration of such term of office, mentioned in the
 next foregoing sentence, the associate members of the board
 shall be appointed in the manner hereinafter provided for in
 this subsection.
           "The county board of education and the governing
 body of the largest municipality in the county shall each
 submit in writing to the state Commissioner of Revenue the
 names of three persons, and the governing body of each other
 municipality within the county shall, in like manner, submit
 the name of one person, all of whom are residents of the
 county, who are each owners of taxable property which is
 located within this state, who are qualified electors in said
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  the county and who are, in the opinion of the said nominating
  board, persons competent to serve as members of the board.
            "Within 30 days after the receipt of such list of
  nominees, the state Commissioner of Revenue, with the approval
  of the Governor, shall nominate an associate member of the
  board from the nominees of the county board of education and
  one associate member of the board from the nominees of the
  governing bodies of the municipalities of the county;
  provided, that the Commissioner of Revenue may reject any
 group of nominees, in which event the body nominating them
 shall submit additional names, one of whom shall be appointed
 by the Commissioner of Revenue with the approval of the
 Governor. The associate members of the board appointed from
 the nominees as provided for in this subsection shall hold
 office for the four-year terms provided for in subsection (a)
 of this section.
           "In all counties having a population of 400,000 or
 more persons according to the 1940 federal census or any
 subsequent federal census, where there is now or hereafter may
 be a countywide civil service system, all nominees for the
 associate members must take an examination and qualify by
 civil service examination to be conducted by said the civil
 service system, except any person serving as an associate
 member on any board of equalization on October 1, 1975, shall
 be deemed qualified for appointment. In the event the names
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  submitted by either the county board of education, and the
  governing body of the largest municipality in said the county
  having a countywide civil service system have already been
  submitted by either of the nominating parties, the
  Commissioner of Revenue shall so notify said the nominating
  authorities bodies, and said the nominating authorities bodies
  shall forthwith submit the names of another person or persons
  qualified under said the civil service examination not
  theretofore nominated by the other nominating authorities
 bodies.
           "40-3-4.
           "Should any person appointed to membership of any
 board of equalization fail or refuse to take and subscribe to
 the oaths required by Section 40-3-3 within five days after
 being notified of his or her appointment to membership on said
 the board, or shall for any other reason herein enumerated
 become disqualified to serve as a member on said the board, or
 should a vacancy on any board occur from death, resignation,
 or any other cause, then the following replacement procedure
 shall be used:
           "(1) The Commissioner of Revenue shall select from
 the remaining nominees on the list from which such original
 nominee was taken a person to fill the position to which such
 disqualified person was first appointed or to fill the vacancy
 on said the board. The proper
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            "(2) If no nominees remain on the list from which
  the original nomination was taken, the Commissioner of Revenue
  may request from the nominating body may, however, make that
  submitted the nomination that resulted in a vacancy additional
  nominations so that the total of its nominees from which
  appointments may be made to fill vacancies shall be brought up
  to a total of not more than three such nominees. Should the
  remaining nominees be, for any reason, disqualified to serve
  on said board, then the Commissioner of Revenue shall request
 the proper nominating body to name three additional persons
 eligible to serve on said board, and from such additional
 nominees a person shall be selected to fill the vacancy
 occasioned by the disqualification of the original nominee or
 nominees or other vacancy. Any appointment to fill a vacancy
 on any board of equalization shall be for the unexpired term
 only. When requesting additional nominations under this
 subdivision, the Commissioner of Revenue may require the
 nominating body to submit nominations within a prescribed time
 period.
           "(3) If no nominees remain on the list of the
 original nominating body and if it fails to timely submit a
 nominee as provided by subdivision (2), then the Commissioner
 of Revenue may appoint a member from the remaining nominations
 previously submitted by other nominating bodies. If no
 nominees remain on those lists, the Commissioner of Revenue
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  may request that the other nominating body or bodies name a
  total of not more than three additional nominees, and from the
  additional nominees a member shall be selected to fill the
  vacancy occasioned by the disqualification of the original
  nominee or nominees or other vacancy.
            "(4) If no appropriate nominee is submitted by any
  nominating body, the Commissioner of Revenue shall appoint a
  member.
            "(5) Pending an appointment by the Commissioner of
 Revenue to fill a vacancy as prescribed in this section, the
 chairperson of the county commission may appoint a temporary
 board member for a period not to exceed 45 days.
           "(6) With the exception of the temporary
 appointment, any appointment to fill a vacancy on any board of
 equalization shall be for the unexpired term only.
           "40-3-7.
           "The annual term of service and compensation of
 members of the several county boards of equalization shall be
 on a basis of total assessed value of all taxable property,
 using the year 1955 as the basis, to be determined as follows:
           "(1) In those counties in which the total assessed
 value of all taxable property exceeds six hundred million
 dollars ($600,000,000) according to the tax assessor's
 abstract of assessments for the year, except in a county
 subject to subdivision (2), the members of the county boards
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  of equalization shall serve on a full-time basis, and each
  associate member shall be paid at the rate of nineteen
  thousand four hundred twenty-five dollars ($19,425) per annum,
  and the chair shall be paid at the rate of twenty-one thousand
  ninety dollars ($21,090) per annum, payable in monthly
  installments.
            "(2)a. This subdivision shall apply to any county of
  this state which has a population of 600,000 or more according
  to the last or any subsequent federal census and in which the
 total assessed value of all taxable property exceeds six
 hundred million dollars ($600,000,000) according to the tax
 assessor's abstract of assessments for the year.
           "b. In any county subject to this subdivision, the
 members of the county board of equalization shall serve on a
 full-time basis. Each associate member shall be paid at the
 rate of nineteen thousand four hundred twenty-five dollars
 ($19,425) per annum as provided by existing law, and shall be
 paid additional compensation in the amount of nine thousand
 dollars ($9,000) per annum from the Jefferson County Mapping
 and Reappraisal Fund, for a total compensation of twenty-eight
 thousand four hundred twenty-five dollars ($28,425). The
 chair's total compensation shall be determined as provided for
 by the merit system law applying to the county, and the chair
 shall be subject to and entitled to the benefits of the law
 establishing the merit system. The chair's total compensation
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  shall be payable from the general funds of the county, and the
  chair shall promptly pay to the county any compensation he or
  she receives from the State of Alabama and from the largest
  municipality of the county for serving as chair. In addition
  to the salary provided for the chair under the merit system
  law, the county shall make for and on the chair's account an
  employer's matching payment to the county pension system fund,
  if the chair is or becomes a member of the county pension
  system.
           "(3) In those counties in which the total assessed
 value of all taxable property exceeds four hundred million
 dollars ($400,000,000) and does not exceed six hundred million
 dollars ($600,000,000) according to the tax assessor's
 abstract of assessments for the year, the members of the
 county board of equalization shall serve on a full-time basis,
 and each associate member shall be paid at the rate of eight
 thousand seven hundred dollars ($8,700) per annum, and the
 chair shall be paid at the rate of nine thousand two hundred
 dollars ($9,200) per annum, payable in monthly installments.
           "(4) In those counties in which the total assessed
 value of all taxable property is not less than eighty million
 dollars ($80,000,000) and does not exceed four hundred million
 dollars ($400,000,000) according to the tax assessor's
 abstract of assessments for the year, the members of the
 county board of equalization shall serve for not less than six
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  months, the exact working period to be fixed or approved by
  the Department of Revenue,