Title 41

The Legislative Council shall serve in an advisory capacity to the Governor in the development of the long-range program, revenue and expenditure plans. The Legislative Council shall be aided by the Legislative Services Agency, Fiscal Division. (Acts 1995, No. 95-531, p. 1076, §2…

The Governor is responsible for the preparation and administration of the state budget and the evaluation of the long range program plans, requested budgets and alternatives to state agency/department policies and programs and formulation and recommendation for consideration by t…

The Department of Finance shall: (1) Assist the Governor in the preparation and explanation of the proposed comprehensive program and financial plan, including the coordination and analysis of state agency/department program goals and objectives, program plans and program budget …

(a) Each state agency/department, on the date and in the form and content prescribed by the Department of Finance, shall prepare and forward to the Budget Officer the following program and financial information: (1) The goals and objectives of the agency/department programs, toge…

(a) The Governor shall formulate the program and financial plan to be recommended to the Legislature after considering each state agency’s proposed program and financial plan. The Governor’s plan shall include his or her recommended goals and policies, recommended plans to implem…

The Legislature shall: (1) Consider the program and financial plan recommended by the Governor, including proposed goals and policies, tax rate and other revenue changes and long range program plans; (2) Adopt programs and alternatives to the plan recommended by the Governor whic…

The Legislature shall consider the Governor’s proposed comprehensive program and financial plan, evaluate alternatives to the Governor’s recommendations and determine the comprehensive program and financial plan to support the services to be provided the citizens of the state; pr…

This chapter shall be known and may be cited as the Budget Accountability Act. (Act 2010-759, 1st Sp. Sess., p. 7, §1.)

The Legislature recognizes that Alabama citizens demand and deserve accountability for the expenditure of taxpayer funds. The Legislature further recognizes that any member of the Alabama Legislature, as well as any other citizen, can lobby for or offer support for a program admi…

For the purposes of this chapter, the following terms shall have the following meanings: (1) AGENCY. Any recipient of state funds. (2) DIRECTED, DIRECTIVE, or DIRECTION. As used in this chapter refers to the exercise of control over the selection of projects or grants for which t…

(a) Pass-through appropriations are prohibited. An agency director, assistant director, executive assistant, or any similar direct subordinate directing or permitting a pass-through appropriation shall be subject to disciplinary action or dismissal, or both, by the appropriate ap…

The director, assistant director, executive assistant, or any similar direct subordinate of any agency shall have an affirmative duty to report to his or her superior, or in the case of an agency director, the Governor of Alabama and the Alabama Ethics Commission, any explicit di…

Nothing in this chapter shall be deemed to prohibit or discourage a member of the Legislature from performing his or her duties. Those duties include the right to protect and promote activities and projects with agency personnel that constitute legal and valid functions of the ag…

This chapter shall be known as the Alabama Sunset Law of 1981. (Acts 1976, No. 512, p. 641, §1; Acts 1981, No. 81-61, p. 74, §1.)

(a) On the tenth legislative day of the regular session, one hour after the convening of the house of which the chair of the select joint committee of the Sunset Committee is a member, voting in that house on sunset bills not previously considered during this regular session shal…

No more than one enumerated or nonenumerated agency shall be continued, modified, or reestablished in any one bill for an act, as provided for in Section 41-20-4, and such agency shall be mentioned in title as provided by law. (Acts 1976, No. 512, p. 641, §14; Acts 1979, No. 79-5…

Any enumerated agency which is terminated shall cease its affairs on the date specified in Section 41-20-3. Any nonenumerated agency shall cease its affairs on the date specified in the bill terminating said agency. From the date of sine die of the regular legislative session, im…

(a) This chapter shall not cause the dismissal of any claim or right of any citizen which is subject to administrative hearing or litigation against any state agency terminated pursuant to the provisions of this chapter. (b) The state Comptroller is authorized to draw warrants on…

The Governor is urged to utilize the principles of “zero-based review and evaluation” for each state agency in his or her preparation of the budget for each fiscal year and to include such analysis, together with his or her recommendations, in his or her transmission of the budge…

Nothing in this chapter shall be construed to abrogate any powers, duties or functions of any agency established by the people of Alabama in the Constitution of 1901. (Acts 1976, No. 512, p. 641, §16; Acts 1981, No. 81-61, p. 74, §1.)

As used in this chapter, unless the context requires a different meaning, the following words shall be defined as follows: (1) ENUMERATED AGENCY. All departments, councils, boards, commissions, divisions, bureaus, or like governmental units or subunits of the State of Alabama whi…

(a) The following agencies shall automatically terminate on the dates specified, unless a bill is passed that they be continued, modified, or reestablished: (1) October 1, 1981 shall be the termination date for: a. State Board of Auctioneers - created by Section 34-4-50. b. Alaba…

(a) For the purposes of this section, the term “board member” means any member of any department, council, board, commission, division, bureau, or other entity subject to the Alabama Sunset Law of 1981, Chapter 20 of Title 41, Code of Alabama 1975. The term does not include any c…

(a) A select joint committee, known as the Sunset Committee, shall be constituted as follows: (b) Three members of the House of Representatives and three members of the Senate shall be elected in the same manner as the elected members of the Legislative Council by the respective …

Legislative committee review of the enumerated agencies shall begin in the year prior to the scheduled regular legislative session next preceding the date upon which the enumerated agencies are scheduled to terminate pursuant to Section 41-20-3, and shall conclude with a recommen…

(a) The Sunset Committee reviewing enumerated or nonenumerated agencies, shall hold public hearings and receive testimony from the public and all interested parties. (b) All enumerated or nonenumerated agencies shall bear the burden of establishing that sufficient public need is …

In said public hearings, the determination as to whether a sufficient public need for continuance is present shall take into consideration the following factors concerning the enumerated or nonenumerated agency under review and evaluation: (1) The extent to which any information …

(a) In conjunction with the criteria enumerated in Section 41-20-7, one criterion which may be used in determining sufficient public need in such public hearings shall be a “zero-based review and evaluation.” A “zero-based review and evaluation” shall be a comprehensive review an…

The Department of Examiners of Public Accounts, the Legislative Services Agency, Legal Division, and the Legislative Services Agency, Fiscal Division of the state shall furnish, upon request of the reviewing and evaluating committee, any relevant information, including the result…

(a) Upon publication and delivery to the state, the Secretary of State shall transmit sets of the Code of Alabama 1975, and supplements or replacement volumes thereof, subject to subsection (b), to all of the following agencies, departments, institutions, bureaus, boards, commiss…

Duplicate sets of said annotated code, to replace sets lost or destroyed without fault of the custodian, may be furnished to any officer entitled thereto upon application to the Secretary of State, provided said application is approved by the Governor. (Acts 1977, No. 352, p. 470…

(a) Any contract to publish the official code of the statutes of Alabama under Section 29-7-6 may relate to any medium or form of the code and shall not be subject to the competitive bid laws of the state, including, but not limited to, Article 2 (commencing with Section 41-16-20…

Except those sets of codes distributed to members of the Legislature and the Lieutenant Governor, the title to all of the sets of the annotated code, the distribution of which to officers and offices of the state and the several counties and municipalities thereof is provided for…

It shall be the duty of the Secretary of State to take receipts from each public official of the state and of the several counties to whom he or she distributes sets of said annotated code. And, in the event that the Secretary of State shall transmit sets for the use of all of th…

The Code Commissioner may contract for the preparation and publication of a compilation or abridgment in any form or medium of those sections of the Code of Alabama relating to a specific agency, department, institution, bureau, board, commission, or subject which, in the opinion…

There is hereby appropriated, out of the moneys in the State Treasury not otherwise appropriated, such amounts of money as are, or may be, necessary to carry out the provisions of this chapter relating to the distribution of the sets of said code to the several state and county o…

This chapter shall be known as and may be cited as the “Alabama Administrative Procedure Act.” (Acts 1981, No. 81-855, p. 1534, §1.)

The validity or applicability of a rule may be determined in an action for a declaratory judgment or its enforcement stayed by injunctive relief in the circuit court of Montgomery County, unless otherwise specifically provided by statute, if the court finds that the rule, or its …

(a) On the petition of any person substantially affected by a rule, an agency may issue a declaratory ruling with respect to the validity of the rule or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it or with r…

(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail, return receipt requested. However, an agency may provide by rule for the delivery of…

In contested cases: (1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (exce…

In contested cases, upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the case as distinguished from a public interest and the represen…

In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the decision of the agency to be a final decision. If any official of the agency who is to participate in the final decision has not heard the case or read the r…

(a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 30 days: (1) After the hearing is concluded, if conduct…

(a) Any party to a contested case who deems himself or herself aggrieved by a final order and who desires to have the same modified or set aside may, within 15 days after entry of said order, file an application for rehearing, which shall specify in detail the grounds for the rel…

(a) No individual who participates in the making of any proposed order or final decision in a contested case shall have prosecuted or represented a party in connection with that case, the specific controversy underlying that case, or another pending factually related contested ca…