Governor Bentley Requests Budget Language Opinion of the Justices

MONTGOMERY– Governor Bentley on Wednesday sent a letter to the Alabama Supreme Court requesting an Opinion of the Justices on an important constitutional question regarding the General Fund Appropriations Act.

“The Constitution separates our government into three, separate but equal, branches,” Governor Bentley said. “As Governor, it is my duty to protect Executive Branch functions as supported by the Alabama Constitution. The new Fiscal Year begins October 1, and I have some concerns regarding the implementation of the General Fund Appropriations Act that was passed by the Alabama Legislature in September. There are provisions in the budget act that encroach on the authority of the Executive Branch to implement budget allocations within state government. I believe these provisions of the budget act are in violation of the Alabama Constitution, which expressly preserves the separation of powers in government. I further believe there is language in the act which violates the constitutional restrictions on creation of state debt and on the content allowed in appropriations bills. For these reasons, I have asked the Alabama Supreme Court to review the constitutionality of the requested sections of the General Fund Appropriations Act as quickly as possible. The next week is critical to ensuring state agencies have operation plans in place for the start of the fiscal year.”

A copy of the Governor’s request can be found here.