SB56 Alabama 2010 Session

Summary

Primary Sponsor

Trip Pittman

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

SB56 would ban pass-through appropriations, establish penalties and reporting for violations, and protect legislators’ ability to advocate for legitimate agency programs under budget accountability rules.

What This Bill Does

The bill defines pass-through appropriations and prohibits them, with certain grants and inter-agency transfers excluded from this ban. It imposes disciplinary action and a Class C misdemeanor for agency directors or their delegates who authorize or permit pass-through funding, unless they lacked knowledge of the violation. It requires agencies to report explicit directives about pass-through to their superiors, the Governor, and the Alabama Ethics Commission, and to provide copies of these reports to the legislator involved and the presiding officers of both houses. It also protects line-item appropriations from being rescinded or withheld and clarifies that legislators may still lobby for legal and valid agency programs; the act interacts with constitutional provisions on local expenditures and includes exceptions that limit the need for a 2/3 vote.

Who It Affects

• Agency directors and their direct subordinates who control or authorize funding decisions; they face disciplinary action and potential Class C misdemeanors for pass-through violations and must file reporting on directives.
• Legislators and the public who lobby for or support agency programs; legislators retain the right to advocate for valid programs, and reporting requirements apply to directives, while lobbying itself is not prohibited by the act.

Key Provisions

• Prohibits pass-through appropriations and defines pass-through; excludes certain grants, contracts, and inter-agency transfers from being considered pass-through.
• Imposes disciplinary action and potential Class C misdemeanor for agency leaders who violate the prohibition, with a knowledge defense available if they did not know or have reason to know of the pass-through.
• Requires affirmative reporting of any pass-through directives to the agency’s superior, the Governor, the Alabama Ethics Commission, and to provide copies to the involved legislator and the presiding officers.
• Affirms that line-item appropriations are authorized and cannot be rescinded or withheld or modified except in cases of proration; clarifies the act’s relationship to existing constitutional restrictions on local expenditures.
• Preserves legislators’ and citizens’ rights to lobby for legal and valid agency programs and clarifies that such lobbying does not, by itself, violate the act.

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