SB174 Alabama 2010 Session

Summary

Primary Sponsor

Kim Benefield

Democrat

Session

Regular Session 2010

Title

Counties and county entities, claims for expenses denied by state agencies, State Board of Adjustment to approve claims unless denied under agency procedures adopted under Administrative Procedure Act, Sec. 41-9-65 am'd.

Summary

The bill requires the Board of Adjustment to approve certain county reimbursement claims denied by state agencies for missing deadlines, unless the agency has properly adopted and followed Administrative Procedure Act procedures.

What This Bill Does

It amends Section 41-9-65 to require that the Board of Adjustment approve claims filed by counties for reimbursement of expenses if a state agency denied the claim due to a deadline, unless the agency has APA-based procedures and has correctly followed them. Specifically, the agency must be authorized to adopt such procedures, must have properly adopted them under the APA, and must have properly applied them in denying the claim. If all three conditions are met, the Board may deny the claim; otherwise the Board must approve it. The bill also keeps existing claim time limits and becomes effective immediately upon passage and approval by the Governor.

Who It Affects

• County governments and their departments/agencies seeking reimbursement of costs or expenses, who may have their denied claims approved by the Board if the state agency did not properly implement APA procedures.
• State agencies that deny reimbursement claims based on deadlines, as their denial could be overturned if they have not properly followed APA-adopted procedures.

Key Provisions

• Amends Section 41-9-65 to add the Board of Adjustment's duty to approve certain county reimbursement claims denied for deadline noncompliance unless specific conditions are met.
• Condition (1): The state agency is authorized by law to adopt administrative procedures for reimbursement that include time deadlines.
• Condition (2): The state agency has properly adopted those procedures under the Alabama Administrative Procedure Act.
• Condition (3): The state agency has properly applied those procedures in denying the county’s claim for reimbursement.
• Effective date: Immediately following passage and approval by the Governor.

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

Subjects

State Agencies