The opinion
FILED
IN THE COURT OF APPEALS OF TENNESSEE December 18,
WESTERN SECTION AT NASHVILLE 2001
Cecil Crowson, Jr.
KENTUCKY-TENNESSEE CLAY ) Appellate Court Clerk
COMPANY, )
)
Plaintiff/Appellee ) Davidson Chancery No. 93-2669-III
)
VS. ) Appeal No. 01A01-9508-CH-00347
)
JOE HUDDLESTON, COMMR. OF )
REVENUE, STATE OF TENNESSEE )
)
Defendant/Appellant. )
APPEAL FROM THE CHANCERY COURT OF DAVIDSON COUNTY
AT NASHVILLE, TENNESSEE
THE HONORABLE ROBERT S. BRANDT, CHANCELLOR
CHARLES W. BURSON
Attorney General and Reporter
SEAN P. SCALLY
Assistant Attorney General
Nashville, Tennessee
Attorney for Appellant
H. ROWAN LEATHERS, III
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, Tennessee
Attorney for Appellee
RICHARD L. DUNLAP, III
THE DUNLAP LAW FIRM
Paris, Tennessee
Attorney for Appellee
REVERSED
ALAN E. HIGHERS, JUDGE
CONCUR:
DAVID R. FARMER, JUDGE
WILLIAM H. WILLIAMS, SR. J.
In this case, we are presented with the issue of whether a private act is invalid as
being in conflict with the general law addressing the same subject.
The Commissioner of Revenue for the State of Tennessee, Joe B. Huddleston,
("Commissioner") assessed mineral severance taxes against Plaintiff, Kentucky-
Tennessee Clay Co., pursuant to a 1991 private act authorizing such taxes in the Bradford
Special School District. Following a hearing, the trial court granted summary judgment in
favor of Plaintiff, holding that the private act had been repealed by the general law. It is
from this judgment that the Commissioner appeals. For the reasons stated herein, we
reverse the trial court's judgment.
Plaintiff is a corporation engaged in the business of mining and processing clay. On
January 6, 1992, the Commissioner assessed mineral severance taxes against Plaintiff in
the amount of $5,143.84, plus interest, pursuant to the authority of Chapter 137 of the
Private Acts of 1991. Private Chapter 137 provides in part:
Section 1. A severance tax is hereby levied in the Bradford
Special School District on sand, gravel, clay, and all other
minerals that are severed from the earth for private commercial
purposes...However, the tax levied by this act shall not apply
to minerals severed and taxed by the county in which the
Bradford Special School District is located pursuant to the
provisions of general law...
At the hearing on the matter, Plaintiff attacked the validity of Private Chapter 137
on two bases. First, Plaintiff asserted that the Act directly conflicts with T.C.A. § 67-7-201
et seq. and was, therefore, repealed by T.C.A. § 67-7-209. Additionally, Plaintiff argued
that the Act was unconstitutional pursuant to Article 11, Sec. 8 of the Tennessee
Constitution.1
The relevant statutes establishing the general law on mineral severance taxes
1
Article XI, Section 8 of the Tennessee Constitution provides:
G eneral Law s on ly to be pa sse d. The Legislature sha ll have n o po wer to
suspend any general law fo r the bene fit of any particu lar individu al, nor to
pass any law for the benefit of individuals inconsistent with the general laws
of the land; nor to pass any law granting to any individual or individuals,
rights, privileges, imm unitie [imm unities] or exemptions other than such as
may be, by the same law extended to any mem ber of the comm unity, who
may be able to bring himself within the provisions of such law.
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provide as follows:
67-7-201. Tax authorized - Use and benefit - Allocation.--(a)
Any county legislative body by resolution is authorized to levy
a tax on all sand, gravel, sandstone, chert and limestone
severed from the ground within its jurisdiction. The tax shall be
levied for the use and benefit of the county only, to be
allocated and applied to its county road fund, and all revenues
collected from the tax except deductions for administration and
collection provided for herein, shall be allocated to the county.
T.C.A. § 67-7-201 (Supp. 1995).
67-7-209. Conflicting private or local acts.-- Any private or
local acts in conflict herewith are hereby repealed except as for
those purposes set forth in Section 67-7-210 (repealed).
T.C.A. § 67-7-209 (1993).
The trial court held that Private Chapter 137 was repealed by T.C.A. § 67-7-209.
Accordingly, summary judgment was entered in favor of Plaintiff.
The Commissioner has appealed from this judgment and has presented to this
Court several arguments in support of his position that Private Chapter 137 was not
repealed. The Commissioner first contends that Private Chapter 137 does not conflict with
the general law because the general law taxes the minerals themselves, while Private
Chapter 137 taxes the privilege of severing minerals from the ground. Next, the
Commissioner argues that the general law does not tax clay, and, therefore, there is no
conflict. Finally, the Commissioner argues that Private Chapter 137 provides that no tax
shall be levied on minerals if that mineral is taxed pursuant to the provisions of general law.
According to the Commissioner, this provision alleviates any conflict between the general
law and Private Chapter 137.
In contrast, Plaintiff contends that there exists a conflict on the face of the laws
because many of the minerals that are taxed pursuant to Private Chapter 137 are also
subject to tax pursuant to T.C.A. § 67-7-201. Furthermore, according to Plaintiff, the
general law codified at T.C.A. § 67-7-201 et seq., provides the exclusive means through
which a mineral severance tax may be levied, and a private act may not impinge upon
those means. Finally, Plaintiff argues that Private Chapter 137 is unconstitutional because
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the legislature may not pass any law that is inconsistent with the general law. Tennessee
Constitution, Article XI, Sec. 8.
We will address only one of the Commissioner's contentions because, as explained
below, we find it to be dispositive of this case. The Commissioner contends that there is
no conflict between Private Chapter 137 and the general law because the General
Assembly took express action in Private Chapter 137 to remedy any potential conflict by
providing that minerals that are taxed under the general law are not subject to tax under
the Private Act. The Commissioner's argument proceeds as follows:
Indeed, the Legislature in enacting Chapter 137 sought to
ensure that no minerals taxed by the general law would be
taxed by Chapter 137 by expressly providing that the tax levied
in the Bradford Special School District shall not apply to
'minerals severed and taxed by the county in which the
Bradford Special School District is located pursuant to the
provisions of general law.' Thus, it is impossible to perceive
any conflict between Chapter 137 and the general law of this
State.
Plaintiff argues that the clause in Private Chapter 137, which provides that the tax
does not apply to minerals taxed by the county pursuant to general law, does not serve to
rectify the apparent conflict between the two acts. Plaintiff concedes that Private Chapter
137 does not purport to tax minerals if those minerals are taxed by the county pursuant to
the authority of T.C.A. § 67-7-201 et seq. According to Plaintiff, however, the counties
have the power to decide whether minerals will be taxed under Private Chapter 137.
Consequently, the provision in Private Chapter 137 excepting a tax on minerals when the
minerals are taxed pursuant to general law is an unconstitutional delegation of legislative
power.
This argument is unpersuasive. It is true that "[t]he power to make laws is conferred
upon the legislative branch of government and that power 'cannot be delegated by that
department to any other body or authority.'" Menefee Crushed Stone Co. v. Taylor, 760
S.W. 2d 223, 227 (Tenn. App. 1988).
However, cases holding that there has been an unconstitutional delegation of
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legislative authority generally address situations where the legislature has left it up to the
counties or to popular vote as to whether the law will take effect. In fact, both of the cases
upon which Plaintiff relies are inapposite for this reason. In Gibson County Special School
District v. Palmer, 691 S.W. 2d 544 (Tenn. 1985), a private act levied a property tax, but
the act was not to go into effect until approved by a majority of voters. Id. at 546. The
Tennessee Supreme Court held that the Private Act was an unconstitutional delegation of
legislative authority because the law did not become effective unless a majority of voters
approved the act. Id. at 548. Gibson is clearly distinguishable from the present case. In
this case, the tax went into effect and was complete upon leaving the hands of the
legislature. The act did not derive its efficacy from a popular vote, nor did it delegate to the
school district the authority to tax. Here, the legislature established and levied a tax in a
special school district. This action is clearly permissible as the legislature is expressly
authorized to tax within a special school district. See, T.C.A. § 549-2-107; Gibson County
Special Sch. Dist., 691 S.W. 2d at 547.
The second case cited by Plaintiff is Williamson v. McClain, 147 Tenn. 491, 249
S.W. 811 (1923). In Williamson, the private act under attack delegated authority to the
board of commissioners to levy a tax. Id. at 812. The Court held that this was an
unconstitutional delegation of legislative power. Id. at 813. As previously mentioned,
however, the General Assembly did not delegate the authority to tax to anyone in the
present case. The tax was clearly promulgated by the General Assembly and was
complete as written.
We commence our legal evaluation of the Commissioner's argument by iterating
several well-established principles of law. The cardinal rule in interpreting legislative acts
is that courts endeavor to ascertain and give effect to the intent of the General Assembly.
Marion County Bd. of Comm'rs. v. Marion County Election Comm'n., 594 S. W. 2d 681,
685 (Tenn. 1980). In order to ascertain legislative intent, a court should initially evaluate
the natural and ordinary meaning of the language of the statute. Azbill v. Azbill, 661 S.W.
2d 682, 686 (Tenn. App. 1983). Where the language of the statute is plain, clear, and
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unambiguous, the statue will be given full effect without need to resort to rules of
construction. Gabel v. Lerma, 812 S.W. 2d 580, 582 (Tenn. App. 1990).
We agree with the Commissioner that the legislature's intent in enacting Private
Chapter 137 was to impose taxes only on those minerals that are not taxed under the
general law. Furthermore, as noted recently by this Court in Nolichuckey Sand Co. v.
Huddleston, 896 S.W. 2d 782 (Tenn. App. 1994), "[T]he legislature has made its support
for a mineral severance tax abundantly clear." Id. at 791.
In addition to the initial inquiry as to legislative intent, we are guided by established
principles applicable to cases where there is an alleged conflict between two legislative
acts. Although private acts are superseded as far as necessary in order to give effect to
a general statutory scheme of statewide applicability, Strader v. Word, 508 S.W. 2d 539,
547 (Tenn. 1974), if by a reasonable construction, two acts can stand together, there is no
implied repeal. A repeal will only occur where there is an act with terms and operation that
cannot be harmonized with an earlier act. Jenkins v. Loudon County, 736 S.W. 2d 603,
607 (Tenn. 1987). Repeals are not favored by the law and will be found "only where there
is manifest repugnance and irreconcilable conflict between statutes, and will not be found
where any fair or reasonable construction will permit the statutes to stand together."
Goldsmith's Division, Federated Dept. Stores, Inc. v. City of Memphis, 484 S.W. 2d 538,
541 (Tenn. 1972). It is this Court's duty to reconcile conflicting provisions to give them a
consistent meaning and harmonize the purposes of each. Dingman v. Harvell, 814 S.W.
2d 362, 366 (Tenn. App. 1991).
In the present case, there is no manifest repugnance or irreconcilable conflict
between Private Chapter 137 and T.C.A. § 67-7-201 et seq., because taxes may not be
assessed under the private act when the counties in which the special school district is
located levy taxes on the minerals.
We further note that there exists a strong presumption that an act promulgated by
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the legislature is valid. Board of Education of Memphis City Schools v. Shelby County, 339
S.W. 2d 569, 575 (Tenn. 1960). The legislature was presumed to know that the general
law and the private act at bar addressed the same subject matter. Trotter v. City of
Maryville, 235 S.W. 2d 13, 18 (Tenn. 1950). In Private Chapter 137, the legislature
expressly exempted from taxation those minerals that are taxed under the general law.
An exception generally delineates the extent of the general provision and this Court is not
at liberty to diminish an express exception. Perry v. Sevier County Beer Comm'n, 181
Tenn. 696, 184 S.W.2d 32, 34 (1944).
Special legislation that affects particular counties or municipalities in their
governmental or political capacities may properly be enacted without violating Article XI,
Section 8 of the Constitution, as long as the special act is not contrary to the provisions of
the general law. Town of Arlington v. Shelby County Election Comm'n, 352 S.W. 2d 809,
813 (Tenn. 1961). It is our opinion that nothing appears on the face of Private Chapter 137
to conflict with the provisions of general law addressing the same subject matter.
After due consideration, we are persuaded that Private Chapter 137 is constitutional
and was not repealed by the general law. We therefore reverse the decree of the trial
judge and hold that the mineral severance tax may properly be levied against Plaintiff.
Costs on appeal are taxed to the Plaintiff.
HIGHERS, J.
CONCUR:
FARMER, J.
WILLIAMS, SR. J.
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