HB385 By Representative Hill (M) RFD Military and Veterans Affairs Rd 1 10-MAR-16

SYNOPSIS: Under existing law, supernumerary district attorneys hold an office of profit and are prohibited from holding another office of profit under the United States and under this state.

This bill would propose an amendment to Section 280 of the Constitution of Alabama of 1901, now appearing as Section 280 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to remove the prohibition on a supernumerary district attorney holding another office of profit.

A BILL TO BE ENTITLED AN ACT

To propose an amendment to Section 280 of the Constitution of Alabama of 1901, now appearing as Section 280 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to allow supernumerary district attorneys to hold another office of profit.

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 280 of Article XVII of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

"No person holding an office of profit under the United States, except postmasters, whose annual salaries do not exceed two hundred dollars, shall, during his continuance in such office, hold any office of profit under this state; nor, unless otherwise provided in this Constitution, shall any person hold two offices of profit at one and the same time under this state, except justices of the peace, constables, notaries public, and commissioner of deeds, and supernumerary district attorneys."

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 allow supernumerary district attorneys to hold another office of profit.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

District Attorneys