SB261 Alabama 2014 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Jerry L. Fielding
Republican
Session: Regular Session 2014
Title: Separation of powers, Article III and Amendment 582 of the Constitution of Alabama of 1901, combined into one section in modernized language but no substantive change, Article III and Amendment 582 repealed and Article III added
Summary: SB261 modernizes Alabama's Article III on separation of powers by restating it in updated language while keeping the same overall structure and checks, with an effective date of January 1, 2017.
What This Bill Does
repeals Article III and Amendment 582 and replaces them with a modernized Article III that preserves the separation of powers among legislative, executive, and judicial branches. It reaffirmes that no branch may exercise another branch's powers. It keeps the rule that state court orders requiring spending state funds must be approved by a simple majority of both houses before they bind the state, with specific exceptions, and allows courts to issue findings and orders to ensure constitutional or statutory standards are met. It becomes effective January 1, 2017.

Who It Affects
State government (legislative, executive, and judicial branches) by maintaining separation of powers and adding legislative oversight for court orders on state funds.
Alabama residents and taxpayers by impacting how state funds can be disbursed through court orders and ensuring legislative check on such actions.

Key Provisions
Repeals Article III and Amendment 582 and adds a new Article III with modernized language that mirrors the current separation of powers without substantive change.
Section 42 establishes the three branches (legislative, executive, judicial) and prohibits each branch from exercising another branch's powers.
Section 43 requires that no state court order disbursing state funds is binding until approved by a simple majority of both houses of the Legislature, with exceptions for certain orders (e.g., eminent domain compensation, taxation-related orders, or orders allowed by statute or common law) and allows courts to make necessary findings of fact or conclusions of law to ensure standards are met.
Operative date is January 1, 2017; election procedures to approve the amendment are described.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Constitution of Alabama