UNOFFICIAL COPY AS OF 11/08/1812 REG. SESS.12 RS BR 436
AN ACT proposing to amend the Constitution of Kentucky relating to the office of constable.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. It is proposed that Section 99 of the Constitution of Kentucky be amended to read as follows:
At the regular election in nineteen hundred and ninety-eight and every four years thereafter, there shall be elected in each county a Judge of the County Court, a County Court Clerk, a County Attorney, Sheriff, Jailer, Coroner, Surveyor and Assessor, and in each Justice's District one Justice of the Peace[ and one Constable], who shall enter upon the discharge of the duties of their offices on the first Monday in January after their election, and who shall hold their offices four years until the election and qualification of their successors.
Section 2. It is proposed that Section 103 of the Constitution of Kentucky be amended to read as follows:
The Judges of County Courts, Clerks, Sheriffs, Surveyors, Coroners, Jailers,[ Constables,] and such other officers as the General Assembly may, from time to time, require, shall before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as may be prescribed by law.
Section 3. It is proposed that Section 227 of the Constitution of Kentucky be amended to read as follows:
Judges of the County Court, Justices of the Peace, Sheriffs, Coroners, Surveyors, Jailers, Assessors, and County Attorneys[ and Constables] shall be subject to indictment or prosecution for misfeasance or malfeasance in office, or willful neglect in discharge of official duties, in such mode as may be prescribed by law, and upon conviction his office shall become vacant, but such officer shall have the right to appeal to the Court of Appeals. Provided, also, that the General Assembly may, in addition to the indictment or prosecution above provided, by general law, provide other manner, method or mode for the vacation of office, or the removal from office of any sheriff, jailer, constable or peace officer for neglect of duty, and may provide the method, manner or mode of reinstatement of such officers.
Section 4. It is proposed that the following section of the Constitution of Kentucky be repealed:
Section 101Qualifications and jurisdiction of constables.
Section 5. It is further proposed as a part of this amendment that constables serving in office on the date this amendment is ratified by the voters shall continue to serve until the end of their terms on January 4, 2015, subject to constitutional and statutory provisions concerning death, disqualification, and removal from office. After ratification of this amendment by the voters, no election shall be held for the office of constable. Any vacancy in a constable's office occurring after ratification of this amendment and before January 5, 2015, shall be filled by appointment under Section 152.
Section 6. This amendment shall be submitted to the voters of the Commonwealth for their ratification or rejection at the time and in the manner provided for under Sections 256 and 257 of the Constitution and under KRS 118.415. If ratified, this amendment shall become effective on January 5, 2015. The question to be submitted to the voters regarding this proposed amendment shall read as follows: "Are you in favor of abolishing the office of constable, effective January 5, 2015?"
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BR043600.100 - 436 - 1933Jacketed