HB 504

Under existing law, there are certain qualifications that a circuit clerk must meet in order to qualify for supernumerary status

This bill would authorize a circuit clerk with 18 years of service to elect supernumerary status

To amend Section 12-17-140, Code of Alabama 1975, relating to the qualifications of supernumerary circuit clerks, to provide further for the qualifications.

Section 1

Section 12-17-140, Code of Alabama 1975, is amended to read as follows:

§12-17-140.

(a) Any clerk or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed in any county of the State of Alabama:

(1) Who has served as much as five years as a circuit clerk or register and who has become permanently, physically or mentally unable to carry out the duties of the office on a full-time basis, proof of such disability being made by a certificate of three reputable physicians;

(2) Who has served for 12 years as a circuit clerk or register and has reached or passed the age of 65 years;

(3) Who has served for 15 years as circuit clerk or register and who is not less than 62 years of age; or who has served as such for more than 15 years and has attained the age of 62, less one year for each year of service in excess of 15;

(4) Who has served continuously for 10 years as circuit clerk or register and who is not less than 70 years of age; or

(5) Who has served for not less than 18 years or three full terms as a circuit clerk or register;

may elect to become a supernumerary clerk of the circuit court or supernumerary register of the circuit court of the county in which said clerk or register has served as such official by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said clerk or register desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of subdivisions (1) through (5) of this section, a commission as supernumerary clerk of the circuit court or register of such court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.

The provisions of this division shall apply only to those persons who are 55 years of age or older and who are in office on October 1, 1976, or who may thereafter become eligible under its provisions.

(b) Any circuit clerk who is serving as such clerk on October 1,1976, and who has served for at least 23 years on said date shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.

(c) Any register of the circuit court who has served for at least 23 years shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.

(d) On the effective date of the act adding this subsection, any person who was elected or appointed as a circuit clerk prior to November 8, 2016 and has 18 years of service as a circuit clerk may elect to become a supernumerary clerk of the circuit court of the county in which the clerk has served as the official by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time the clerk desires to become a supernumerary official."

Section 2

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