Judges: JOHN ASHCROFT
Filed Date: 10/8/1982
Status: Precedential
Modified Date: 7/5/2016
Dear Dr. Antonio:
This opinion is in response to your question asking:
On what date was each member of the State Tax Commission entitled to the increase in compensation provided by H.B. 841 and H.C.S.H.B. 77, 79th General Assembly, First Regular Session?'
The bills passed by the General Assembly to which you refer repealed Section
Pursuant to Section
Article
The compensation of state, county and municipal officers shall not be increased during the term of office; nor shall the term of any officer be extended.
Our initial inquiry must be whether the members of the State Tax Commission are state officers who fall within the provisions of Article VII, Section 13. In State ex rel. Webb v. Pigg,
In order to be considered a "state officer" within the purpose and meaning of said constitutional provision, the official in question must have been delegated a portion of the sovereign power of government to be exercised for the benefit of the public and such delegation of sovereign power must be "substantial and independently exercised with some continuity and without control of a superior power other than the law." [citations omitted] Id. at 438.
It is clear from the provisions of Sections
The director of revenue shall have no supervision, authority or control over such actions or decisions of the state tax commission as relates to its duties prescribed by law. . . .
We believe that commissioners of the State Tax Commission are state officers within the meaning of Article VII, Section 13. We, therefore, conclude that since such commissioners come within the prohibition of Article VII, Section 13, no member of the commission is eligible to receive an increase in compensation until he undertakes a new term.
CONCLUSION
It is the opinion of this office that because of the provisions of Article
Very truly yours,
JOHN ASHCROFT Attorney General