Alabama Advisory Opinions December 14, 2000: AGO 2001-053 (December 14, 2000)

AGO 2001-053.

Dear Representative Martin:

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

If the amendment proposed by Act No. 99-319 was approved statewide, but not by the voters of Chilton County, is the amendment effective?

Act No. 99-319 proposed an amendment to the Constitution of Alabama to provide that certain public officials in Chilton County participate in the Employees' Retirement System in lieu of a supernumerary program. 1999 Ala. Acts No. 99-319, 441. Section 2 of the Act provides: "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." Id . Section 284 of the Constitution, as amended by Amendment No. 24, provides the manner of proposing amendments to the Constitution and states in pertinent part:

[T]he legislature shall order an election by the qualified electors of the state upon such proposed amendments, to be held either at the general election next succeeding the session of the legislature at which the amendments are proposed or upon another day appointed by the legislature . . . if it shall thereupon appear that a majority of the qualified electors who voted at such election upon the proposed amendments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Constitution.

Your request refers to Amendment No. 555, which provides a method of proposing constitutional amendments that affect or apply to only one county. ALA. CONST. amend. 555. Subsection (e) of this amendment contains a provision that requires the proposed amendment, under certain conditions, to be approved by the voters statewide and by the voters in the affected county. Because Act No. 99-319, proposing a constitutional amendment, provided that it must be submitted to the voters statewide, it is effective if approved by a majority of the voters statewide.

The amendment proposed by Act No. 99-319 is effective if approved by a majority of the voters statewide.

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: CAROL JEAN SMITH

Chief, Opinions Division

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