Alabama Advisory Opinions August 11, 1998: AGO 1998-196 (August 11, 1998)

AGO 1998-196.

Dear Mr. Bennett:

This opinion of the Attorney General is issued in response to your request.

Does the method of adopting a constitutional amendment as prescribed in Act No. 98-408 govern the method of election required to approve the amendment, or is Amendment No. 555 self-executing so as to supercede the language of the Act to the contrary?

Act No. 98-408 proposes an amendment to the Constitution of Alabama to provide that certain elected public officials in Bibb County may participate in the Employees' Retirement System in lieu of participating in a supernumerary program. Section 2 of the Act states:

An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 284 of the Constitution of Alabama, as amended by Amendment No. 24 and section 285 of the Constitution of Alabama, provide the general procedure for proposing and adopting amendments to the Constitution of Alabama. ALA. CONST. art. XVII, § 284, as amended by ALA. CONST. amend. 24 and ALA. CONST. Art. XVII, § 285. Application of sections 284 and 285, as amended, to Act No. 98-408 requires a statewide election for adoption of the proposed amendment.

Amendment No. 555 provides a procedure for adopting constitutional amendments that affect only one county, or a political subdivision within a county or counties, and authorizes an election only in the affected county or political subdivision. ALA. CONST. amend. 555.

The Alabama Supreme Court, while considering another question, stated that the Alabama Constitution provides two methods for amending the constitution: "Amendment 24 gives the general procedure for amending the constitution, and Amendment 425 [the predecessor to Amendment No. 555] provides a limited procedure for proposing and adopting an amendment that applies to only one county." Hunt v. Decatur City Board of Education , 628 So. 2d 393 (Ala. 1993).

In an Opinion to Honorable Bob Kirby, Probate Judge, Randolph County, dated December 15, 1983, A. G. No. 84-00098, this Office concluded that the procedure for adopting amendments to the Constitution of Alabama which affect only one county, found in Amendment No. 425, was not the exclusive procedure. The Legislature can determine the method it wishes the proposed amendment to be submitted to the voters. The Act proposing the constitutional amendment involved in that opinion specified that the amendment, although local in nature, was not proposed pursuant to Amendment No. 425, and the provisions of Amendment No. 425 were not applicable to the proposed amendment. Accordingly, that proposed amendment was to be placed on the ballot for a statewide election.

The Legislature in section 2 of Act No. 98-408 specifically provided that the election upon the proposed amendment shall be held in accordance with sections 284 and 285 of the Constitution of Alabama as amended. The proposed amendment must, therefore, be placed on the ballot for a statewide election.

The language of Act No. 98-408 directs that the election on the proposed constitutional amendment shall be held in accordance with sections 284 and 285 of the Constitution of Alabama, as amended. The proposed amendment must, therefore, be placed on the ballot for a statewide election. Amendment No. 555 does not supercede the specific language of the Act.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: JAMES R. SOLOMON, JR.

Chief, Opinions Division

BP/BFS

B/8.98/f