Advisory Opinion No. 392

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Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2015 ____________________ OPINION OF THE JUSTICES ____________________ No. 392 OPINION ISSUED SEPTEMBER 30, 2015 The Honorable Robert Bentley Governor of Alabama Alabama State Capitol Montgomery, Alabama 36130 Dear Governor Bentley: We have received your letter of September 23, 2015, in which you request an advisory opinion on the following constitutional questions: "1. Do any provisions of Act 2015-540 [the general appropriations bill for fiscal year 2016,] Opinion of the Justices No. 392 violate sections 42 and 43 of the Alabama Constitution, impermissibly enroaching upon the powers of the executive branch? "2. Does item 1 and/or 4, above, of Act 2015-540 [regarding how agencies are to handle reductions in appropriations] violate section 213 of the Alabama Constitution, if the relevant appropriations are insufficient to pay for the services provided? "3. Do any provisions of Act 2015-540, stated above [in the Governor's letter], violate section 71 of the Alabama Constitution by including matters in the general appropriations bill in addition to appropriations?" We respectfully decline your request for an advisory opinion. QUESTIONS DECLINED. Respectfully Submitted, /s/ Roy S. Moore Roy S. Moore Chief Justice /s/ Lyn Stuart Lyn Stuart /s/ Michael F. Bolin Michael F. Bolin /s/ Tom Parker Tom Parker 2 Opinion of the Justices No. 392 /s/ Greg Shaw Greg Shaw /s/ A. Kelli Wise A. Kelli Wise /s/ Tommy Bryan Tommy Bryan Associate Justices 3