HLS 19RS-611 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 178
BY REPRESENTATIVE JACKSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUDGES: (Constitutional Amendment) Provides relative to the holding of public office and
public employment
1 A JOINT RESOLUTION
2Proposing to amend Article V, Section 23 of the Constitution of Louisiana and to add Article
3 X, Section 31 of the Constitution of Louisiana, relative to public office and public
4 employment; to provide relative to the holding of public office or public
5 employment; to provide relative to age; to provide for the elimination of the
6 mandatory retirement age for judges; to provide for submission of the proposed
7 amendments to the electors; and to provide for related matters.
8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
9elected to each house concurring, that there shall be submitted to the electors of the state of
10Louisiana, for their approval or rejection in the manner provided by law, a proposal to
11amend Article V, Section 23 of the Constitution of Louisiana, to read as follows:
12 §23. Judges; Retirement
13 Section 23.(A) Retirement System. Within two years after the effective date
14 of this constitution, the legislature shall provide for a retirement system for judges
15 which shall apply to a judge taking office after the effective date of the law enacting
16 the system and in which a judge in office at that time may elect to become a member,
17 with credit for all prior years of judicial service and without contribution therefor.
18 The retirement benefits and judicial service rights of a judge in office or retired on
19 the effective date of this constitution shall not be diminished, nor shall the benefits
20 to which a surviving spouse is entitled be reduced.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-611 ENGROSSED
HB NO. 178
1 (B) Mandatory Retirement. Except as otherwise provided in this Section, a
2 judge shall not remain in office beyond his seventieth birthday. A judge who attains
3 seventy years of age while serving a term of office shall be allowed to complete that
4 term of office.
5 Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members
6elected to each house concurring, that there shall be submitted to the electors of the state of
7Louisiana, for their approval or rejection in the manner provided by law, a proposal to add
8Article X, Section 31 of the Constitution of Louisiana, to read as follows:
9 §31. Public office or employment; age
10 Section 31. No person shall be denied the right to hold public office or public
11 employment based solely on age.
12 Section 3. Be it further resolved that this proposed amendment shall be submitted
13to the electors of the state of Louisiana at the statewide election to be held on October 12,
142019.
15 Section 4. Be it further resolved that on the official ballot to be used at the election,
16there shall be printed a proposition, upon which the electors of the state shall be permitted
17to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
18follows:
19 Do you support an amendment to prohibit the denial of the right to hold
20 public office or public employment based on age, including judges?
21 (Effective January 1, 2020) (Amends Article V, Section 23; Adds Article X,
22 Section 31)
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 178 Engrossed 2019 Regular Session Jackson
Abstract: Prohibits the denial of the right to hold public office or public employment based
on age and provides for the removal of the mandatory retirement age for all judges.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-611 ENGROSSED
HB NO. 178
Present constitution requires that no judge may remain in office beyond his 70th birthday.
This provision allows a judge to complete the current term if he attains 70 years of age while
in office.
Proposed constitutional amendment repeals the mandatory retirement age of judges.
Proposed constitutional amendment provides that no person shall be denied the right to hold
public office or public employment based solely on age.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Oct. 12, 2019.
(Amends Article V, §23; Adds Article X, §31)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove the term "solely" from the ballot language.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.