HB76 Alabama 2010 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Session

Regular Session 2010

Title

Appropriations, pass-through appropriations, defined and prohibited, agency director guilty of Class C misdemeanor for violations, line-item appropriations expressed authorized, Budget Accountability Act

Summary

HB76 would ban pass-through funding from state agencies, punish agency leaders who use such funding, require grant reporting, and protect legislators’ right to advocate for valid agency programs, while clarifying line-item funding protections.

What This Bill Does

It defines pass-through appropriations and prohibits agencies from directing funds to other entities at a legislator’s direction for purposes not listed in a line-item. It imposes penalties on agency directors or similar subordinates who violate the ban, including a Class C misdemeanor, unless they lacked knowledge of the pass-through. It requires reporting of explicit directives about pass-through appropriations to superiors, the Governor, the Alabama Ethics Commission, and to copy the report to the involved legislator and house leaders. It preserves line-item appropriations as funded, prevents rescission or withholding of those funds except for prorations, and affirms the right of legislators to lobby for legal agency programs, while excluding the act from certain local-funding constraints under Amend­ment 621.

Who It Affects

• Agency directors and direct subordinates who handle state funds (they would face disciplinary action and potential Class C misdemeanor charges for violations and must report directives).
• Legislators and the public who lobby for or advocate for agency programs (their lobbying rights are preserved, but reporting requirements and the ban on pass-through affect how funds are directed and disclosed).

Key Provisions

• Defines pass-through appropriations and sets exclusions (grants under certain chapters, federal/state grants, and inter-agency transfers for the same program are not pass-through).
• Prohibits pass-through appropriations and assigns potential disciplinary action and a Class C misdemeanor for violations by agency leaders, with a knowledge/awareness exception.
• Requires agency leaders to report explicit directives regarding pass-through appropriations to their superior, the Governor, and the Alabama Ethics Commission, and to copy the report to the involved legislator and house presiding officers.
• Keeps line-item appropriations intact: funds in line-items shall not be rescinded or withheld and may only be modified by prorations.
• Affirms the right of legislators and citizens to lobby for legal and valid agency programs without violating the act.
• States the act is exempt from further requirements under Amendment 621 because it creates a new crime or amends an existing one.
• Effective upon passage and approval by the Governor (or becoming law by other means).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Appropriations