Opinion of the Justices

342 So. 2d 787, 1977 Ala. LEXIS 2010

Opinion

To the Honorable Senate

State of Alabama

State Capitol

Montgomery, Alabama 36130

Gentlemen:

On February 15, 1977, we received your request for an advisory opinion relative to Senate Bills 195 and 196, a copy of which is attached.

Senate Bill 195 allows individuals to carry back, and carry forward net operating losses as deductions from gross income, while Bill 196 allows the same treatment of net operating losses to domestic and foreign corporations. In either instance — carry back or carry forward net operating loss— the taxable income of an individual and a corporation is affected, that is, decreased. This in turn decreases the income tax payable to the State of Alabama. Both bills, therefore, are bills to decrease revenue. And, revenue bills must originate in the House of Representatives. See Opinion of the Justices, 238 Ala. 289, 190 So. 824.

We are of the opinion that Senate Bills 195 and 196 violate § 70, Constitution 1901.

Because these bills are revenue bills and must, under § 70 of the Constitution, originate in the House of Representatives, we pretermit discussion of whether they violate § 100. They would have to pass constitutional muster under § 70 before consideration of § 100.

Respectfully submitted,

C. C. TORBERT, Jr., Chief Justice

JAMES N. BLOODWORTH

HUGH MADDOX

JAMES H. FAULKNER

RENEAU P. ALMON

JANIE L. SHORES

ERIC EMBRY

SAMUEL A. BEATTY

Justices.