SB15 By Senator Whatley RFD Finance and Taxation General Fund Rd 1 03-MAR-15

SYNOPSIS: Currently, the Constitution of Alabama of 1901, provides that no person may be elected or appointed to a judicial office after reaching the age of 70 years.

This bill would increase the age restriction to 75 years.

A BILL TO BE ENTITLED AN ACT

To amend Section 6.16, as added by Amendment 328 to the Constitution of Alabama of 1901, now appearing as Section 155 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, providing that no person over the age of 70 years shall be elected or appointed to a judicial office; to increase the age to 75 years.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

Section 6.16, as added by Amendment 328 to the Constitution of Alabama of 1901, now appearing as Section 155 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

"6.16. Retirement.

"The legislature shall provide by law for he retirement of judges, including supernumerary judges, with such conditions, retirement benefits, and pensions for them and their dependents as it may prescribe. No person shall be elected or appointed to a judicial officer after reaching the age of seventy 75 years, provided that a judge over the age of seventy 75 may be appointed to the office of supernumerary judge if he is not eligible to receive state judicial retirement benefits."

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to the Constitution of Alabama of 1901, to increase the maximum age at which a person may be elected or appointed to a judicial office from 70 years to 75 years of age.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Elections

Judges

Retirement