Alabama Attorney General Opinion 1979-0055

OFFICE OF THE ATTORNEY GENERAL* Lis6 fr1 coos LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. ackun. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA AUG 10 1919 ADMINI $ IVE BUILDING 64 NORTH UNION MONTGOMERY, ALABAMA 36130 AREA 1E0E1. 1134-5150 Honorable John B. Green Circuit Clerk 30th Judicial Circuit P. O. Box 69 Oneonta, Alabama 35121 Circuit Clerks-Costs & Fees A $3.00 fee may be assessed for the Juvenile Probation Fund in Blount County, inas- much as Act No. 560 (Acts, 1976), which established this fee, was passed after Act No. 1205 (Acts,. 1975), the im- plementation act for the Judicial Article. Dear Mr. Green: Your request for an opinion from this office reads follows: "Please clarify the point as to whether the Clerk is now authorized under the new Judicial Article to collect a $5.00 fee for the Juvenile Probation Office based on 1976 Acts of Alabama #560 (authorizing the Clerk to assess a $3.00 fee in support of the J.P.O.) and 1975 Acts of Alabama #406 (authorizing collection of a $2.00 fee for J.P.O.). Were these Acts abolished when Act 1205 became effective January 16, 1977?" as Honorable John B. Green Page Two In answer to your question, Act No. 406, Acts of Alabama (September 18, 1975) authorized the Clerk of Blount County td assess a $2.00 fee in support of a Juvenile Probation, Office. Approximately one year later, Act No. 560, Acts of Alabama (August 18, 1976), was passed. This act contained substantially the same language as Act 406, but raised the fee for the Juvenile Probation Office to $3.00. It is the opinion of this office that Act No. 406 is no longer in effect, for either of two reasons. There is a good argument that Act 406 was abolished by Act 1205, because it was passed prior to Act 1205. How- ever, assuming that Act 406 was not abolished when Act 1205 became effective, it is the interpretation of this office that Act 406 would nevertheless have no field of operation because Act 560, establishing the $3.00 for the Juvenile Probation Office, simply amended Act 406 by raising the fee from $2.00 to $3.00. This interpretation is supported by the fact that the two acts contain identical language. Further, if the Legislature had intended that the fee for the Juvenile Probation Office be $5.00, the logical approach would have been to raise the $2.00 fee to $5.00, rather than to establish two separate fees of $2.00 and $3.00 to go into the same fund. Act 406 was either abolished or amended. The question then becomes whether Act No. 560 was abolished by Act No. 1205. It is the opinion of this office that Act No. 560 was not abolished when Act No. 1205 became effective, because Act 1205 was passed in October of 1975, prior to the passage of Act 560. Act 1205 could not have abolished Act 560, because that act was not in existence at the time Act 1205 was passed. Therefore, Act 560, which authorizes the clerk to assess a $3.00 fee in support of the Juvenile Probation Office, is still in effect. Accordingly, it is the opinion of this office that the $3.00 fee established in Act 560, Acts 1976, may be Honorable John B. Green Page Three assessed for the Juvenile Probation Office of Blount County. Sincerely, CHARLES A. GRADDICK Attorney General By- LINDA C. BRELAND Assistant Attorney General LCB:bb