SB78 Alabama 2010 Session

Summary

Primary Sponsor

Roger Bedford, Jr.

Democrat

Session

Regular Session 2010

Title

Budget Management Act, Judicial Branch authorized to expend its legislative appropriations without prior approval of Finance Department, Sec. 41-19-10 am'd.

Summary

This bill would exempt the Alabama Judicial Branch from the Budget Management Act’s normal spending approvals, giving it authority to allot and spend its legislative appropriations without prior approval from the Department of Finance or the Governor.

What This Bill Does

The Judicial Branch agencies (Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, Administrative Office of Courts, Supreme Court Law Library, and Judicial Inquiry Commission) could determine how to allot and disburse their appropriated funds without needing Finance or Governor approval. Each Judicial Branch agency must submit a nonbinding operations plan to the Department of Finance 30 days before the fiscal year starts, and the plan is informational and does not limit their spending authority. Agencies may amend or revise the plan at any time, transfer funds between Judicial Branch agencies with the head of the agency’s approval, and must promptly inform Finance of any amendments. The bill amends Section 41-19-10 to exempt the Judicial Branch from the usual oversight provisions, while noting that the Governor’s proration authority still applies to all state government. The changes take effect immediately after passage and approval by the Governor.

Who It Affects

• Judicial Branch agencies (Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, Administrative Office of Courts, Supreme Court Law Library, Judicial Inquiry Commission) — gain authority to allot and disburse their own funds without prior approval from the Department of Finance or the Governor.
• Department of Finance and the Governor/Executive Branch — have reduced real-time control over Judicial Branch spending and will instead receive annual nonbinding plans and amendments, with oversight mainly through reporting and proration provisions.

Key Provisions

• The Judicial Branch is exempted from the standard Budget Management Act controls and can allot and expend its legislative appropriations without prior approval from the Department of Finance, the Governor, or other Executive Branch members.
• Defines the Judicial Branch agencies affected: Supreme Court, Court of Criminal Appeals, Court of Civil Appeals, Administrative Office of Courts, Supreme Court Law Library, and Judicial Inquiry Commission.
• Requires each Judicial Branch agency to prepare and submit a nonbinding operations plan to the Department of Finance 30 days before the fiscal year; plan is informational and does not restrict the agency’s spending authority.
• Allows Judicial Branch agencies to amend or revise their operations plan at any time, with head-of-agency approval, including transfers of appropriated funds between Judicial Branch agencies; amended plans must be reported to the Department of Finance.
• Amends Section 41-19-10 to exempt the Judicial Branch and its appropriations from the standard application of that section, while subsections that normally apply to other agencies do not apply to the Judicial Branch; Governor proration authority remains available for the rest of state government.
• Effective immediately upon 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

Budget Management Act