Section 11-3-4.1

Minimum compensation of county commissioners and county commission chairman; approval of county governing body; compliance with payment of judicial supplement.

(a) For the purposes of this section the following terms shall have the following meanings:

(1) COUNTY COMMISSION CHAIRMAN. Those persons elected or appointed to such office by any and all lawful means but shall not include those persons who serve as chairman by virtue of their having been elected or appointed as probate judge of the county.

(2) COMPENSATION. All salary, expense allowance or any other compensation received for serving as commissioner or chairman of the county commission but shall not include any reimbursement for mileage traveled or actual and necessary expenses incurred which are otherwise payable by law.

(3) LOCAL LAW. Any and all applicable statutes that apply to any part of the state which is less than the whole and shall include statutes otherwise known as "general laws of local application" or "population bracket acts."

(b) No county commissioner shall receive compensation for serving as such officer, that is less than $14,600.00 per year. No county commission chairman shall receive compensation for serving as such officer, that is less than $18,600.00 per year.

(c) No county commissioner that is required by local law to serve full time as county commissioner, shall receive compensation for serving as such officer, that is less than $25,000.00 per year. No county commission chairman that is required by local law to serve full time as county commission chairman, shall receive compensation for serving as such officer, that is less than $30,000.00 per year.

(d) The provisions of this section shall in no way affect the compensation of county commissioners or county commission chairmen whose compensation is in excess of the minimums provided herein. Nor shall such provisions in any way affect subsequent local laws or general laws which provide compensation in excess of such minimums. Nor shall such provisions apply unless approved by a resolution of the county governing body. The resolution to adopt the pay raise must be published in the local newspaper for four consecutive weeks before the commission takes final action on the resolution. The provisions of this section shall in no way affect the compensation of probate judges. All compensation affected hereby shall be payable from the respective county's general fund or any other such fund from which such officer's compensation may now be paid by law.

(e) The provisions of this section which serve to increase any commissioner's or county commission chairman's compensation shall not take effect until the first day of the next term of office for such official; provided however where the county commission members' terms do not run concurrently, any increase provided under this section shall become effective as to all such members thereof immediately after the expiration of the term or terms of office of the member or members whose term or terms first expire.

(Acts 1982, No. 82-552, p. 912; Acts 1985, No. 85-365, p. 309.)