HB256 By Representative Poole RFD Judiciary Rd 1 18-FEB-16

SYNOPSIS: Currently, the age of majority is 19 years.

This bill would lower the age of majority to 18 years and provide for certain exceptions.

A BILL TO BE ENTITLED AN ACT

To amend Section 26-1-1, Code of Alabama 1975, as amended by Act 2015-167 of the 2015 Regular Session, relating to the age of majority, to lower the age of majority to 18 years; to provide for certain exceptions; and to amend Section 13A-12-3, Code of Alabama 1975, relating to selling tobacco products to minors, to retain the age limitation on sales.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 26-1-1, Code of Alabama 1975, as amended by Act 2015-167 of the 2015 Regular Session, is amended to read as follows:

§26-1-1.

"(a) Any person in this state, at the arrival at the age of 19 18 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 18 and 21 years solely on the basis of age.

"(b)(1) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.

"(2) This section shall also apply to any person who arrived at the age of 18 before the effective date of the act adding this subdivision, but shall not abrogate any defense or abridge any remedy available to him or her prior to that date.

"(c) All laws or parts of laws which read "under the age of 21 years" or "under the age of 19 years" hereafter shall read "under the age of 19 18 years." Wherever the words "under the age of 21 years" or "under the age of 19 years" appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 18 years.

"(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.

"(e) Notwithstanding subsection (a), an honorably discharged veteran who is under the age of 19 shall be permitted to enter into a contract for the purchase of a motor vehicle.

"(f) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.

"(g) Notwithstanding the provisions of subsection (c), nothing in this section shall affect or be deemed to affect any child support order or any law relating to child support, including any court decision relating to child support.

"(h) Notwithstanding the provisions of subsection (c), subsections (a) and (c) shall not apply to any benefits provided by a health insurance policy, health benefit plan, health care service plan, or health maintenance organization.

"(i) Notwithstanding the provisions of subsection (c), subsections (a) and (c) shall not apply to any proceedings pursuant to Chapter 2A of Title 26, the Alabama Uniform Guardianship and Protective Proceedings Act.

"(j) Notwithstanding the provisions of subsection (c), nothing in this section shall affect the right of a parent or legal guardian to the school records of a dependent student.

"(k) Notwithstanding the provisions of subsection (c), nothing in this section shall affect any law relating to abortions.

"(l) Notwithstanding the provisions of subsection (c), nothing in this section shall affect the age at which a person is under the jurisdiction of the juvenile courts or the age at which a person is eligible for consideration for youthful offender status.

"(m) Notwithstanding the provisions of subsection (c), nothing in this section shall allow an individual under the age of 19 to enter into a contract for the loan of money."Section 2. Section 13A-12-3, Code of Alabama 1975, is amended to read as follows:

§13A-12-3.

"Any person who sells, barters, exchanges or gives to any minor person under the age of 19 any cigarettes, cigarette tobacco or cigarette paper, or any substitute for either of them shall, on conviction, be fined not less than $10.00 nor more than $50.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 30 days."

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Age of Majority

Code Amended