Alabama 2022 Regular Session

Alabama Senate Bill SB175 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB175
2		-	2 216041-3
	2	+	2 216041-2
3	3		3 By Senator Orr
4	4		4 RFD: Finance and Taxation Education
5	5		5 First Read: 02-FEB-22
6	6
7		-	Page 0 SB175
8		-	1 SB175
9		-	2
10		-	3
11		-	4 ENROLLED, An Act,
12		-	5 To amend Section 29-9-4, Code of Alabama, 1975,
13		-	6 relating to the Education Trust Fund Advancement and
14		-	7 Technology Fund, to allow funds to be appropriated for capital
15		-	8 outlay expenses.
16		-	9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17		-	10 Section 1. Sections 29-9-4 Code of Alabama 1975, is
18		-	11 hereby amended as follows:
19		-	12 "§29-9-4.
20		-	13 "There is hereby created in the State Treasury an
21		-	14 Education Trust Fund Budget Stabilization Fund and an
22		-	15 Education Trust Fund Advancement and Technology Fund. Any
23		-	16 monetary interest which accrues in the Education Trust Fund
24		-	17 Budget Stabilization Fund shall be retained in the fund from
25		-	18 year to year and shall be subject only to the provisions of
26		-	19 this chapter. On or before November 15 of each fiscal year, if
27		-	20 the total revenues deposited into the Education Trust Fund
28		-	21 during the immediately preceding fiscal year exceed the fiscal
29		-	22 year appropriation cap for the immediately preceding fiscal
30		-	23 year, the excess shall be transferred to the Education Trust
31		-	24 Fund Rainy Day Account until the account has been repaid in
32		-	25 full. If the account has been repaid in full, any excess
33		-	Page 1 SB175
34		-	1 remaining shall be transferred to the Education Trust Fund
35		-	2 Budget Stabilization Fund and the Education Trust Fund
36		-	3 Advancement and Technology Fund created in this chapter. The
37		-	4 transfers to the Education Trust Fund Budget Stabilization
38		-	5 Fund and the Education Trust Fund Advancement and Technology
39		-	6 Fund shall be made annually as follows:
40		-	7 "(a) Any excess remaining for the fiscal year ending
41		-	8 September 30, 2015, up to two percent of the previous year's
42		-	9 Education Trust Fund appropriations, shall be transferred to
43		-	10 the Education Trust Fund Budget Stabilization Fund.
44		-	11 Thereafter, an amount up to one percent of the previous year's
45		-	12 Education Trust Fund appropriations shall be transferred to
46		-	13 the Education Trust Fund Budget Stabilization Fund annually
47		-	14 until the fund reaches seven and one-half percent of the
48		-	15 previous year's appropriations from the Education Trust Fund.
49		-	16 "(b) Funds in excess of those transferred in
50		-	17 subsection (a) shall be transferred to the Education Trust
51		-	18 Fund Advancement and Technology Fund each year. Amounts in the
52		-	19 Education Trust Fund Advancement and Technology Fund shall be
53		-	20 appropriated by and through an independent supplemental
54		-	21 appropriation bill for the following nonrecurring expenses:
55		-	22 Repairs or deferred maintenance of facilities for public
56		-	23 education purposes in the state, capital outlay, for classroom
57		-	24 instructional support as provided in Section 16-13-231(b)(2)c.
58		-	25 and Section 16-13-231.3, for insuring facilities, for
59		-	Page 2 SB175
60		-	1 transportation as provided in Section 16-13-233, for school
61		-	2 security measures, and for the acquisition or purchase of
62		-	3 education technology and equipment, or both. These funds,
63		-	4 however, shall not be used as a pledge for the issuance or
64		-	5 payment of debt service. No funds shall be appropriated until
65		-	6 the balance of the Education Trust Fund Advancement and
66		-	7 Technology Fund at the end of the previous fiscal year equals
67		-	8 or exceeds $10 million. Amounts in the Education Trust Fund
68		-	9 Advancement and Technology Fund shall be budgeted and allotted
69		-	10 in accordance with Sections 41-4-80 through 41-4-96 and
70		-	11 Sections 41-19-1 through 41-19-12, but shall not be limited by
71		-	12 the fiscal year appropriation cap.
72		-	13 "(c) The annual appropriation of these funds shall
73		-	14 be divided between the public schools and institutions of
74		-	15 higher education in the state in accordance with the
75		-	16 percentage split between these two sectors of education as
76		-	17 certified by the Legislative Services Agency, Fiscal Division
77		-	18 at the end of the preceding fiscal year. Public schools shall
78		-	19 be interpreted to include the Alabama School of Math and
79		-	20 Science, the Alabama School of Fine Arts, the Alabama School
80		-	21 of Cyber Technology and Engineering, the portion of the
81		-	22 Alabama Institute for Deaf and Blind providing appropriate
82		-	23 elementary/secondary instruction, and may include the
83		-	24 Department of Youth Services School District."
84		-	Page 3 SB175
85		-	1 Section 2. This act shall become effective
86		-	2 immediately upon its passage and approval by the Governor, or
87		-	3 its otherwise becoming law.
88		-	Page 4 SB175
89		-	1
	7	+	Page 0 1 216041-2:n:01/31/2022:LSA-KF/jmb
90	8		2
91	9		3
92	10		4
93		-	President and Presiding Officer of the Senate
94		-
95	11		5
96		-	6 Speaker of the House of Representatives
97		-	SB1757
98		-	8 Senate 17-FEB-22
99		-	9 I hereby certify that the within Act originated in and passed
100		-	10 the Senate.
101		-	11
102		-	12 Patrick Harris,
103		-	13 Secretary.
104		-	14
105		-	15
106		-	16
107		-	17 House of Representatives
108		-	18 Passed: 08-MAR-22
109		-	19
110		-	20
111		-	21 By: Senator Orr
112		-	Page 5
	12	+	6
	13	+	7
	14	+	8 SYNOPSIS: Under existing law, the Education Trust Fund
	15	+	9 Rolling Reserve Act established the Education Trust
	16	+	10 Fund Advancement and Technology Fund and provided
	17	+	11 for the appropriation of amounts in the fund for
	18	+	12 certain non-recurring expenses of public schools
	19	+	13 and institutions of higher education.
	20	+	14 This bill would amend the Education Trust
	21	+	15 Fund Rolling Reserve Act to allow funds in the
	22	+	16 Education Trust Fund Advancement and Technology
	23	+	17 Fund to be used for capital outlay expenses.
	24	+	18
	25	+	19 A BILL
	26	+	20 TO BE ENTITLED
	27	+	21 AN ACT
	28	+	22
	29	+	23 To amend Section 29-9-4, Code of Alabama, 1975,
	30	+	24 relating to the Education Trust Fund Advancement and
	31	+	25 Technology Fund, to allow funds to be appropriated for capital
	32	+	26 outlay expenses.
	33	+	27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	34	+	Page 1 1 Section 1. Sections 29-9-4 Code of Alabama 1975, is
	35	+	2 hereby amended as follows:
	36	+	3 "§29-9-4.
	37	+	4 "There is hereby created in the State Treasury an
	38	+	5 Education Trust Fund Budget Stabilization Fund and an
	39	+	6 Education Trust Fund Advancement and Technology Fund. Any
	40	+	7 monetary interest which accrues in the Education Trust Fund
	41	+	8 Budget Stabilization Fund shall be retained in the fund from
	42	+	9 year to year and shall be subject only to the provisions of
	43	+	10 this chapter. On or before November 15 of each fiscal year, if
	44	+	11 the total revenues deposited into the Education Trust Fund
	45	+	12 during the immediately preceding fiscal year exceed the fiscal
	46	+	13 year appropriation cap for the immediately preceding fiscal
	47	+	14 year, the excess shall be transferred to the Education Trust
	48	+	15 Fund Rainy Day Account until the account has been repaid in
	49	+	16 full. If the account has been repaid in full, any excess
	50	+	17 remaining shall be transferred to the Education Trust Fund
	51	+	18 Budget Stabilization Fund and the Education Trust Fund
	52	+	19 Advancement and Technology Fund created in this chapter. The
	53	+	20 transfers to the Education Trust Fund Budget Stabilization
	54	+	21 Fund and the Education Trust Fund Advancement and Technology
	55	+	22 Fund shall be made annually as follows:
	56	+	23 "(a) Any excess remaining for the fiscal year ending
	57	+	24 September 30, 2015, up to two percent of the previous year's
	58	+	25 Education Trust Fund appropriations, shall be transferred to
	59	+	26 the Education Trust Fund Budget Stabilization Fund.
	60	+	27 Thereafter, an amount up to one percent of the previous year's
	61	+	Page 2 1 Education Trust Fund appropriations shall be transferred to
	62	+	2 the Education Trust Fund Budget Stabilization Fund annually
	63	+	3 until the fund reaches seven and one-half percent of the
	64	+	4 previous year's appropriations from the Education Trust Fund.
	65	+	5 "(b) Funds in excess of those transferred in
	66	+	6 subsection (a) shall be transferred to the Education Trust
	67	+	7 Fund Advancement and Technology Fund each year. Amounts in the
	68	+	8 Education Trust Fund Advancement and Technology Fund shall be
	69	+	9 appropriated by and through an independent supplemental
	70	+	10 appropriation bill for the following nonrecurring expenses:
	71	+	11 Repairs or deferred maintenance of facilities for public
	72	+	12 education purposes in the state, capital outlay, for classroom
	73	+	13 instructional support as provided in Section 16-13-231(b)(2)c.
	74	+	14 and Section 16-13-231.3, for insuring facilities, for
	75	+	15 transportation as provided in Section 16-13-233, for school
	76	+	16 security measures, and for the acquisition or purchase of
	77	+	17 education technology and equipment, or both. These funds,
	78	+	18 however, shall not be used as a pledge for the issuance or
	79	+	19 payment of debt service. No funds shall be appropriated until
	80	+	20 the balance of the Education Trust Fund Advancement and
	81	+	21 Technology Fund at the end of the previous fiscal year equals
	82	+	22 or exceeds $10 million. Amounts in the Education Trust Fund
	83	+	23 Advancement and Technology Fund shall be budgeted and allotted
	84	+	24 in accordance with Sections 41-4-80 through 41-4-96 and
	85	+	25 Sections 41-19-1 through 41-19-12, but shall not be limited by
	86	+	26 the fiscal year appropriation cap.
	87	+	Page 3 1 "(c) The annual appropriation of these funds shall
	88	+	2 be divided between the public schools and institutions of
	89	+	3 higher education in the state in accordance with the
	90	+	4 percentage split between these two sectors of education as
	91	+	5 certified by the Legislative Services Agency, Fiscal Division
	92	+	6 at the end of the preceding fiscal year. Public schools shall
	93	+	7 be interpreted to include the Alabama School of Math and
	94	+	8 Science, the Alabama School of Fine Arts, the Alabama School
	95	+	9 of Cyber Technology and Engineering, the portion of the
	96	+	10 Alabama Institute for Deaf and Blind providing appropriate
	97	+	11 elementary/secondary instruction, and may include the
	98	+	12 Department of Youth Services School District."
	99	+	13 Section 2. This act shall become effective
	100	+	14 immediately upon its passage and approval by the Governor, or
	101	+	15 its otherwise becoming law.
	102	+	Page 4