Alabama Advisory Opinions March 16, 1992: AGO 92-00210 (March 16, 1992)

Advisory Opinion Text

Honorable Hobson Manasco, Jr.

Attorney at Law

P. O. Box 310

Haleyville, Alabama 35565-0310

Winston County - Constitutional Amendments - Elections

Act No. 88-941 is a bill to raise revenue which originated in the Senate as S. 214 and, thus, appears to contravene Art. IV, § 70, Constitution of Alabama 1901.

Dear Mr. Manasco:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION PRESENTED

You have asked for an Attorney General's opinion as to whether or not Act No. 88-941 can be placed on the general election ballot for November 1992 in light of the fact that Section 10 provides that the election be held "at the first of any special, primary or general election after the expiration of three months from the final adjournment of the current session of the Legislature." Your specific question is whether the Winston County Commission can place the Act on the ballot at the next general election, or will it be necessary that an entirely new local act be passed by the Legislature for placement on the ballot at the next general election.

FACTS AND ANALYSIS

Act No. 88-941 was passed during the first extraordinary session of the 1988 Legislature. Amendment 255 to the Alabama Constitution provides that all local acts must be approved by the electors of Winston County. Act No. 88-941 provided for a local act to be submitted to the electors of Winston County "at the first of any special, primary or general election after the expiration of three months from final adjournment of the current session of the legislature." This Act was not submitted for approval as per the terms of Section 10 of the Act.

However, since Act No. 88-941 originated in the Senate as Senate Bill S. 214, the Act may violate Article IV, § 70, Constitution of Alabama of 1901, which requires that all bills for raising revenue are to originate in the House of Representatives. The Act provides for county privilege, license, or excise tax on the sale, distribution, storage, use, or other consumption of tobacco and certain tobacco products in Winston County. The Act provides for the collection and enforcement of the tax and for the distribution of the proceeds therefrom. It is, therefore, a bill to raise revenue.

CONCLUSION

Act No. 88-941, which originated in the Senate as S. 214, is a bill to raise revenue. Bills to raise revenue are required to originate in the House under Article IV, § 70, Constitution of Alabama of 1901. Thus, Act No. 88-941 appears to contravene the provisions of § 70 of the Constitution.

I hope this sufficiently answers your question. If our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

JIMMY EVANS, Attorney General.

JAMES R. SOLOMON, JR., Chief, Opinions Division.