Opinion of the Justices

342 So. 2d 916 | Ala. | 1977

The Senate of the Legislature of Alabama in its 1977 Regular Session adopted the following Resolution:

SR 257 REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE SUPREME COURT RELATIVE TO THE TERMINATION OR CONTINUANCE OF AGENCIES NOT SPECIFICALLY LISTED IN SECTION 3 OF ACT NO 512, REGULAR SESSION 1976.

WHEREAS, Resolutions from the Sunset Committee will be presented to the Legislature on the 10th Legislative day; and

WHEREAS, over 200 resolutions have been filed in the House and Senate; and

WHEREAS, Act No. 512, Regular Session, 1976, provides for definite "termination dates" for all state agencies as defined in said Act; and

WHEREAS, October 1, 1978, is the date designated for "any state agency existing on the date of the passage of this Act (512) and not specifically listed . . ."; and

WHEREAS, a controversy has arisen as to whether agencies can be considered during the current session that are not specifically listed under section 3 of Act 512.

NOW THEREFORE BE IT RESOLVED BY THE SENATE OF ALABAMA, That the following question be submitted under Title 13, Section 34, Code of Alabama to the Supreme Court of Alabama for an advisory opinion:

1. "Can an agency not specifically listed under Section 3 of said Act 512 for termination or continuance on October 1, 1977, be considered and voted on during the 1977 Regular Session of the Legislature?"

2. "What is the `termination date' for agencies not specifically listed by name in said Act 512?"

RESOLVED FURTHER, That the Secretary of the Senate transmit forthwith upon the passage of this resolution nine copies along with nine copies of Act No. 512 to the Supreme Court.

ANSWER TO QUESTIONS DECLINED.

To the Members of the Senate State Capital Montgomery, Alabama 36130

Gentlemen:

We acknowledge receipt of Senate Resolution No. 257 by Senator Perloff concerning Act No. 512, Regular Session 1976, the Sunset Act, relative to whether state agencies which are not specifically listed under Section 3 of Act No. 512, may be considered for termination or continuance during the regular session of the Legislature 1977, under the provisions of that Act.

After perusing this request, we are constrained to respectfully point out that this Court is restricted by statute to answering questions of an advisory nature solely upon important constitutional questions. Title 13, § 34, Alabama Code; Opinionof the Justices, 286 Ala. 156, 238 So.2d 326 (1970); Opinion ofthe Justices, 280 Ala. 692, 198 So.2d 269 (1967). Accordingly, we regret that we must decline to respond to the question submitted to us as we perceive no constitutional issue therein.

Moreover, we respectfully point out that the section of the Alabama Code authorizing us to issue advisory opinions does not authorize opinions on legislation already having been enacted by the legislature. Opinion of the Justices, 264 Ala. 452,88 So.2d 778 (1956).

Therefore, we respectfully decline to respond to the advisory opinion request.

Respectfully submitted, C.C. TORBERT, Chief Justice JAMES N. BLOODWORTH HUGH MADDOX JAMES H. FAULKNER RENEAU P. ALMON JANIE L. SHORES ERIC EMBRY SAM A. BEATTY Justices