Alabama 2022 Regular Session

Alabama Senate Bill SB308 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB308
2	2	2 207636-2
3	3	3 By Senator Butler (N & P)
4	4	4 RFD: Madison County Legislation
5	5	5 First Read: 10-MAR-22
6	6
7	7	Page 0 1 207636-2:n:01/06/2022:FC/ma LSA2020-1370R1
8	8	2
9	9	3
10	10	4
11	11	5
12	12	6
13	13	7
14	14	8
15	15	9 A BILL
16	16	10 TO BE ENTITLED
17	17	11 AN ACT
18	18	12
19	19	13 Relating to Madison County; to amend Section
20	20	14 45-45-161, Code of Alabama 1975, as last amended by Act
21	21	15 2010-108 of the 2010 Regular Session (Acts 2010, p.142), to
22	22	16 provide further for the distribution of Madison County's share
23	23	17 of payments made by the Tennessee Valley Authority to the
24	24	18 state in-lieu-of-taxes.
25	25	19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26	26	20 Section 1. Section 45-45-161, Code of Alabama 1975,
27	27	21 as last amended by Act 2010-108 of the 2010 Regular Session
28	28	22 (Acts 2010, p.142), is amended to read as follows:
29	29	23 "§45-45-161.
30	30	24 "(a)(1) Pursuant to the authority granted by Section
31	31	25 40–28–2, Madison County's share of payments made by the
32	32	26 Tennessee Valley Authority to the state in lieu of ad valorem
33	33	27 taxes shall be distributed in the following manner:
34	34	Page 1 1 "(1) Up to one percent of such the payments each
35	35	2 year shall be used to establish, equip, and maintain a
36	36	3 legislative delegation office. All decisions concerning the
37	37	4 Madison County Legislative Office including, but not limited
38	38	5 to, revenue, income, or purchases shall be made by resolutions
39	39	6 of the delegation adopted by a concurrent majority of the
40	40	7 Madison County delegation, senators and house of
41	41	8 representative members, each house voting separately. Such The
42	42	9 resolution may provide an operation procedure for the
43	43	10 delegation office. The Madison County Commission shall
44	44	11 immediately pay such the amounts from such funds as the
45	45	12 Madison County legislative delegation may request. Requests
46	46	13 shall be in the form of a resolution passed by the county
47	47	14 legislative delegation, signed by one senator and one member
48	48	15 of the House of Representatives from the county who shall be
49	49	16 duly appointed by the legislative delegation. The legislative
50	50	17 delegation shall expend such the monies to employ staff,
51	51	18 acquire adequate physical office space, equipment, supplies,
52	52	19 services, and all other necessary items and may also expend
53	53	20 the monies for other county purposes at the discretion and
54	54	21 direction of the legislative delegation. The persons employed
55	55	22 and expenditures of the funds by the legislative delegation
56	56	23 shall be in their discretion. Any funds allocated but not
57	57	24 spent at the end of the fiscal year, in accordance with this
58	58	25 subsection, shall not revert to the general fund of the county
59	59	26 treasury, but shall be carried forward and shall remain
60	60	27 available year to year for expenditure. The revenue and
61	61	Page 2 1 expenditures of the legislative office shall be audited on an
62	62	2 annual basis.
63	63	3 "(2) In addition to its annual budget allocation,
64	64	4 the legislative delegation is authorized to receive a separate
65	65	5 allocation for extraordinary purchase of equipment, not to
66	66	6 exceed 10 percent of its budget allocation. It is understood
67	67	7 this allocation may not be made annually, but only as needed.
68	68	8 "(b) The remaining money, disbursed pursuant to the
69	69	9 authority granted by Section 40–28–2, shall be prorated in the
70	70	10 following manner:
71	71	11 "(1)a. Seventy Seventy-one percent of the remaining
72	72	12 money shall be distributed among the county school system and
73	73	13 the municipal school systems on the basis of average daily
74	74	14 attendance membership of each school system as it bears to the
75	75	15 total average daily attendance membership of all county and
76	76	16 municipal school systems based on the number of students
77	77	17 residing within the county. Beginning October 1, 2000, of this
78	78	18 amount received by the City of Madison school system, forty
79	79	19 thousand dollars ($40,000) shall be expended annually at Bob
80	80	20 Jones High School in the City of Madison on outdoor athletic
81	81	21 facilities, extracurricular equipment, athletic fields, or
82	82	22 stadiums and ten thousand dollars ($10,000) shall be expended
83	83	23 for the City of Madison middle schools for outdoor athletic
84	84	24 facilities, including athletic fields or extracurricular
85	85	25 equipment. Of this amount received by the county, two hundred
86	86	26 fifty thousand dollars ($250,000) shall be expended annually
87	87	27 by the county school system on outdoor athletic facilities,
88	88	Page 3 1 including athletic fields or stadiums. Beginning with the
89	89	2 2002–2003 school year, the funds provided to the county school
90	90	3 system pursuant to the preceding sentence for outdoor athletic
91	91	4 facilities shall be expended annually as follows: Forty
92	92	5 thousand dollars ($40,000) shall be expended at each of the
93	93	6 current five high schools in the county school system for
94	94	7 outdoor athletic facilities, including athletic fields or
95	95	8 stadiums, and fifty thousand dollars ($50,000) which shall be
96	96	9 distributed to the middle schools in the county school system
97	97	10 and expended for outside athletic facilities, including
98	98	11 athletic fields. Any funds currently being held on February 1,
99	99	12 2006, for matching purposes at middle schools shall be
100	100	13 released to the middle school for which the funds were being
101	101	14 held without regard to any matching funds for outside athletic
102	102	15 facilities, including athletic fields. Upon a request by an
103	103	16 individual school and its athletic booster club or
104	104	17 association, the Madison County Board of Education or the
105	105	18 Madison City Board of Education, within its respective school
106	106	19 system, may pledge funds provided pursuant to this paragraph
107	107	20 subdivision for high school athletic fields or stadiums as
108	108	21 collateral for securing loans for the construction of new
109	109	22 outdoor athletic fields or stadiums.
110	110	23 "b. Notwithstanding the foregoing, for the first
111	111	24 fiscal year following February 23, 2010, the county school
112	112	25 system shall reimburse any municipal school system in the
113	113	26 amount of three-fourths of any loss incurred by that municipal
114	114	27 school system under this section. For the second fiscal year
115	115	Page 4 1 following February 23, 2010, the county school system shall
116	116	2 reimburse any municipal school system in the amount of one
117	117	3 half of any loss incurred by that municipal school system
118	118	4 under this section. For the third fiscal year following
119	119	5 February 23, 2010, the county school system shall reimburse
120	120	6 any municipal school system in the amount of one fourth of any
121	121	7 loss incurred by that municipal school system under this
122	122	8 section. Any reimbursements made pursuant to this section
123	123	9 shall be made prior to any transfers of money to any municipal
124	124	10 school system pursuant to this section.
125	125	11 "(2) Nine percent of the remaining money shall be
126	126	12 paid to the Madison County General Fund.
127	127	13 "(3) One percent shall be allocated to municipal
128	128	14 schools on academic alert or academic caution as determined by
129	129	15 the State Superintendent of Education for the first five
130	130	16 fiscal years following October 1, 1997, and thereafter the one
131	131	17 percent shall be allocated pursuant to subdivision (1).
132	132	18 "(4) Nineteen and one-half percent of the remaining
133	133	19 money shall be paid to the City of Huntsville General Fund of
134	134	20 which 15 percent shall be earmarked to the Huntsville City
135	135	21 School System.
136	136	22 "(5) One-half percent of the remaining money shall
137	137	23 be paid to the incorporated municipalities within Madison
138	138	24 County on a per capita basis.
139	139	25 "(3) Twenty percent of the remaining money shall be
140	140	26 paid to the municipal general fund of the City of Huntsville,
141	141	27 the City of Madison, the City of New Hope, the City of Owens
142	142	Page 5 1 Crossroad Roads, the Town of Gurley, and the Town of Triana
143	143	2 respectively, based on the percentage of population of each
144	144	3 municipality according to the most recent federal decennial
145	145	4 census as it bears to the total population of all of the
146	146	5 municipalities according to the most recent federal decennial
147	147	6 census. Payments shall be further distributed by the
148	148	7 municipalities in the following manner:
149	149	8 "a. Sixty five percent to the county school system
150	150	9 to be paid by the municipal governing body directly to the
151	151	10 school system.
152	152	11 "b. Thirty-five percent to the municipal general
153	153	12 fund.
154	154	13 "(c) Notwithstanding the foregoing, the three
155	155	14 percent increase to be distributed to Madison County pursuant
156	156	15 to Section 40–28–2, shall be paid to the Madison County
157	157	16 Delegation Office. for the 2007 fiscal year only and then to
158	158	17 the Madison County Commission to be expended exclusively for
159	159	18 road projects as follows:
160	160	19 "a. Fiscal year 2008, Old Madison Pike Bridges.
161	161	20 "b. Fiscal year 2009–2010, extending Martin Luther
162	162	21 King Jr. Blvd to Memorial Parkway.
163	163	22 "c. Fiscal year 2011–2012, Winchester Road to
164	164	23 Naugher Road.
165	165	24 "d. Fiscal year 2013, King Drake to U.S. 431
166	166	25 Connector.
167	167	26 "e. Fiscal year 2014–2015, U.S. 431 Bridges.
168	168	Page 6 1 "f. Fiscal year 2016, Jeff Road–University Drive to
169	169	2 Capshaw Road.
170	170	3 "g. Fiscal year 2017, Zierdt Road–Madison Blvd to
171	171	4 Martin Road.
172	172	5 "(2) In any fiscal year in which any of the
173	173	6 aforementioned road projects are not begun or completed, the
174	174	7 funds for such projects shall be placed in a separate escrow
175	175	8 account to be used exclusively for the unfinished or
176	176	9 incomplete project.
177	177	10 "(d) Notwithstanding subsection (c), all future
178	178	11 growth in excess of two and one-half percent, excluding the
179	179	12 three percent allocation in subsection (c), shall be
180	180	13 distributed to the Madison County Legislative Delegation
181	181	14 Office."
182	182	15 "(e) Notwithstanding any other provision of this
183	183	16 section to the contrary, any increase in funding received by
184	184	17 Madison County as a result of any legislation enacted after
185	185	18 February 23, 2010, shall be distributed to the Madison County
186	186	19 Legislative Delegation Office.
187	187	20 Section 2. This act shall become effective
188	188	21 immediately following its passage and approval by the
189	189	22 Governor, or its otherwise becoming law.
190	190	Page 7