1 SB175
2 216041-3
3 By Senator Orr
4 RFD: Finance and Taxation Education
5 First Read: 02-FEB-22
Page 0 SB175
1 SB175
2
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4 ENROLLED, An Act,
5 To amend Section 29-9-4, Code of Alabama, 1975,
6 relating to the Education Trust Fund Advancement and
7 Technology Fund, to allow funds to be appropriated for capital
8 outlay expenses.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Sections 29-9-4 Code of Alabama 1975, is
11 hereby amended as follows:
12 "ยง29-9-4.
13 "There is hereby created in the State Treasury an
14 Education Trust Fund Budget Stabilization Fund and an
15 Education Trust Fund Advancement and Technology Fund. Any
16 monetary interest which accrues in the Education Trust Fund
17 Budget Stabilization Fund shall be retained in the fund from
18 year to year and shall be subject only to the provisions of
19 this chapter. On or before November 15 of each fiscal year, if
20 the total revenues deposited into the Education Trust Fund
21 during the immediately preceding fiscal year exceed the fiscal
22 year appropriation cap for the immediately preceding fiscal
23 year, the excess shall be transferred to the Education Trust
24 Fund Rainy Day Account until the account has been repaid in
25 full. If the account has been repaid in full, any excess
Page 1 SB175
1 remaining shall be transferred to the Education Trust Fund
2 Budget Stabilization Fund and the Education Trust Fund
3 Advancement and Technology Fund created in this chapter. The
4 transfers to the Education Trust Fund Budget Stabilization
5 Fund and the Education Trust Fund Advancement and Technology
6 Fund shall be made annually as follows:
7 "(a) Any excess remaining for the fiscal year ending
8 September 30, 2015, up to two percent of the previous year's
9 Education Trust Fund appropriations, shall be transferred to
10 the Education Trust Fund Budget Stabilization Fund.
11 Thereafter, an amount up to one percent of the previous year's
12 Education Trust Fund appropriations shall be transferred to
13 the Education Trust Fund Budget Stabilization Fund annually
14 until the fund reaches seven and one-half percent of the
15 previous year's appropriations from the Education Trust Fund.
16 "(b) Funds in excess of those transferred in
17 subsection (a) shall be transferred to the Education Trust
18 Fund Advancement and Technology Fund each year. Amounts in the
19 Education Trust Fund Advancement and Technology Fund shall be
20 appropriated by and through an independent supplemental
21 appropriation bill for the following nonrecurring expenses:
22 Repairs or deferred maintenance of facilities for public
23 education purposes in the state, capital outlay, for classroom
24 instructional support as provided in Section 16-13-231(b)(2)c.
25 and Section 16-13-231.3, for insuring facilities, for
Page 2 SB175
1 transportation as provided in Section 16-13-233, for school
2 security measures, and for the acquisition or purchase of
3 education technology and equipment, or both. These funds,
4 however, shall not be used as a pledge for the issuance or
5 payment of debt service. No funds shall be appropriated until
6 the balance of the Education Trust Fund Advancement and
7 Technology Fund at the end of the previous fiscal year equals
8 or exceeds $10 million. Amounts in the Education Trust Fund
9 Advancement and Technology Fund shall be budgeted and allotted
10 in accordance with Sections 41-4-80 through 41-4-96 and
11 Sections 41-19-1 through 41-19-12, but shall not be limited by
12 the fiscal year appropriation cap.
13 "(c) The annual appropriation of these funds shall
14 be divided between the public schools and institutions of
15 higher education in the state in accordance with the
16 percentage split between these two sectors of education as
17 certified by the Legislative Services Agency, Fiscal Division
18 at the end of the preceding fiscal year. Public schools shall
19 be interpreted to include the Alabama School of Math and
20 Science, the Alabama School of Fine Arts, the Alabama School
21 of Cyber Technology and Engineering, the portion of the
22 Alabama Institute for Deaf and Blind providing appropriate
23 elementary/secondary instruction, and may include the
24 Department of Youth Services School District."
Page 3 SB175
1 Section 2. This act shall become effective
2 immediately upon its passage and approval by the Governor, or
3 its otherwise becoming law.
Page 4 SB175
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4
President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
SB1757
8 Senate 17-FEB-22
9 I hereby certify that the within Act originated in and passed
10 the Senate.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Passed: 08-MAR-22
19
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21 By: Senator Orr
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