1 204140-3 : n : 04/14/2020 : FC / cr LSA2020-187R2

9 A BILL

10 TO BE ENTITLED

11 AN ACT

12

13 Relating to Cullman County; to amend Sections 1 and

14 2 of Act 469 of the 1977 Regular Session (Acts 1977, p. 612),

15 to provide for the election of two additional associate

16 commissioners of the county commission; to amend Section

17 45-22-71 of the Code of Alabama 1975, to further provide for

18 the operation of the county roads on the county unit system;

19 to further provide for the compensation of the associate

20 commissioners of the county commission; and to repeal Section

21 45-22-70 of the Code of Alabama 1975, relating to the

22 associate county commissioners of the county.

23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

24 Section 1. Sections 1 and 2 of Act 469 of the 1977

25 Regular Session (Acts 1977, p. 612), are amended to read as

26 follows:

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1 "Section 1. (a) After the effective date of this act

2 Effective until the end of the term of the members of the

3 county commission expiring in November 2022, the county

4 commission of Cullman County shall be composed of three

5 members who shall be nominated and elected by the qualified

6 electors of the county at large. One member shall be elected

7 for each district defined herein and such the member shall be

8 a resident and elector of the district from which such the

9 member is elected; however, the chairman chair of said the

10 commission shall be a resident and elector from anywhere in

11 said the county. The powers, duties, terms, compensation, and

12 manner of election for the members of said the commission

13 shall be the same as now provided by law, except as otherwise

14 herein provided, and the incumbent commissioner commissioners

15 shall continue to serve until the expiration of their current

16 terms at which time his or her successor shall qualify as

17 herein provided.

18 "(b)(1) Effective for the term of the Associate

19 Commissioners of the Cullman County Commission commencing in

20 November 2022, the Cullman County Commission shall be composed

21 of a chair and four associate commissioners who shall be

22 nominated and elected by the qualified electors of the county

23 at large.

24 (2) One associate commissioners shall be elected for

25 each district defined herein and each associate commissioner

26 shall be a resident and elector of the district which the

27 member represents. The districts of the county commission

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1 shall be designated Commission District One; Commission

2 District Two; Commission District Three; and Commission

3 District Four. In order to stagger the terms of the associate

4 commissions, the associate commissioners initially elected

5 from Commission District One and Commission District Four

6 shall be elected for an initial term of two years and the

7 associate commissioners elected from Commission District Two

8 and Commission District Three shall be elected for a term of

9 four years. Thereafter, successors shall be elected for terms

10 of four years. The associate county commissioners shall serve

11 on a part-time basis.

12 (3) The Chair of the Cullman County Commission shall

13 continue to be a resident and elector from anywhere in the

14 county and shall serve on a full-time basis. The chair of the

15 county commission shall continue to serve a four-year term.

16 (4) The powers, duties, terms, and manner of

17 election for the members of the commission shall be the same

18 as now provided by law, except as provided otherwise in this

19 section. The chair of the county commission may not vote

20 except in the case of a tie vote of the associate

21 commissioners.

22 (5) Effective beginning in November 2020, the county

23 commission shall hold at least one meeting of the commission

24 each month after 6:00 p.m., in order to encourage members of

25 the working public to attend commission meetings.

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1 "Section 2. (a) Commissioner Commission District One

2 is described as follows: That area of the county which lies to

3 the East of U.S. Highway 31 and North of U.S. Highway 278.

4 "(b) Commissioner Commission District Two is

5 described as follows: That area of the county which lies to

6 the West of U.S. Highway 31 and North of U.S. Highway 278.

7 "(c) Commission District Three is described as

8 follows: That area of the county which lies East of U.S.

9 Highway 31 and South of U.S. Highway 278.

10 "(d) Commission District Four is described as

11 follows: That area of the county which lies West of U.S.

12 Highway 31 and South of U.S. Highway 278."

13 Section 2. Section 45-22-71 of the Code of Alabama

14 1975, is amended to read as follows:

15 "§45-22-71.

16 "The Cullman County Commission or like governing

17 body of Cullman County shall be solely responsible for the

18 construction, repair, and maintenance of the roads and bridges

19 in the county; but all such construction, repair, and

20 maintenance shall be done on the basis of the county as a

21 unit, without regard to district or quadrant lines, and under

22 the supervision of an engineer or other qualified road

23 supervisor. The county governing body shall have all the

24 powers and jurisdiction with respect to county roads and

25 bridges which are or which hereafter may be vested in or

26 required of county governing bodies by the general laws of

27 this state, or vested in or required of the governing body of

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1 Cullman County by local law: and except as may be otherwise

2 provided herein members of the county governing body of

3 Cullman County shall perform all the duties and services and

4 shall exercise all the powers and authority with respect to

5 the construction, repair, and maintenance of county roads and

6 bridges which are or hereafter may be provided by law for

7 members of county governing bodies. The county engineer shall

8 be responsible for the day-to-day operation of the county road

9 department on a unit basis and shall carry out policy and

10 projects of the county in accordance with decisions of the

11 county commission by a majority vote except in the case of a

12 tie vote, in which case the chair of the county commission may

13 vote. The county engineer shall report on a regular basis to

14 the chair in the organizational structure of the county and

15 the chair shall keep the remainder of the county commission

16 informed on the operation of the county road department."

17 Section 3. (a) Effective beginning the next term of

18 office of the Associate Commissioners of the Cullman County

19 Commission commencing in November 2022, the Associate

20 Commissioners of the Cullman County Commission shall receive a

21 salary of twenty-five thousand dollars ($25,000) per year,

22 payable from the general fund of the county. Notwithstanding

23 the foregoing, any associate commissioner serving on the

24 effective date of the act adding this language who continues

25 to be reelected for consecutive terms shall continue to

26 receive the same salary he or she is receiving on that date as

27 long as the commissioner is reelected for consecutive terms.

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1 (b) The Chair of the Cullman County Commission shall

2 continue to receive the same salary per year payable in equal

3 monthly installments from the general fund of the county as

4 provided in the effective date of this act.

5 (c) The chair and the associate commissioners of the

6 county commission shall be entitled to participate in the

7 county health insurance program without costs to the member.

8 Section 4. All laws or parts of laws which conflict

9 with this act are repealed. Section 45-22-70 of the Code of

10 Alabama 1975, is specifically repealed effective beginning the

11 next term of office of the associate commissioners of the

12 county commission commencing in November, 2022.

13 Section 5. This act shall become effective

14 immediately following its passage and approval by the

15 Governor, or its otherwise becoming law.

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