Alabama 2022 Regular Session

Alabama Senate Bill SB331 Compare Versions

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11 1 SB331
2-2 219306-3
2+2 219306-1
33 3 By Senator Orr
44 4 RFD: Finance and Taxation Education
55 5 First Read: 29-MAR-22
66
7-Page 0 SB331
8-1 SB331
9-2
10-3
11-4 ENROLLED, An Act,
12-5 To amend Sections 29-9-2, 29-9-3, 29-9-4, as last
13-6 amended by Act 2022-139 of the 2022 Regular Session, and
14-7 29-9-6, Code of Alabama 1975, relating to the Education Trust
15-8 Fund Rolling Reserve Act, to clarify current practices for the
16-9 calculation of the annual appropriation cap for the
17-10 disposition of revenues in excess of the cap, and for the
18-11 appropriation of funds in the Education Trust Fund Advancement
19-12 and Technology Fund; to delete certain obsolete provisions;
20-13 and to modify certain transfer dates to improve cash flow for
21-14 the Education Trust Fund.
22-15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23-16 Section 1. Sections 29-9-2, 29-9-3, 29-9-4, as last
24-17 amended by Act 2022-139 of the 2022 Regular Session, and
25-18 29-9-6, Code of Alabama 1975, are amended to read as follows:
26-19 "§29-9-2.
27-20 "For the purposes of this chapter, the following
28-21 terms shall have the following meanings:
29-22 "(1) ALABAMA TRUST FUND. The Alabama Trust Fund
30-23 created by Amendment No. 450 to the Constitution of Alabama of
31-24 1901.
32-Page 1 SB331
33-1 "(2) EDUCATION TRUST FUND. An account in the State
34-2 Treasury into which are deposited certain revenues paid to the
35-3 State of Alabama that are earmarked or set aside for
36-4 appropriation for public educational purposes.
37-5 "(3) EDUCATION TRUST FUND RAINY DAY ACCOUNT. The
38-6 special account created within the Alabama Trust Fund by
39-7 Amendment No. 803 to the Constitution of Alabama of 1901.
40-8 "(4) FISCAL YEAR. The fiscal year of the State of
41-9 Alabama that begins on October 1 and ends on September 30.
42-10 "(5) FISCAL YEAR APPROPRIATION CAP. The maximum
43-11 amount of appropriations that may be made from the Education
44-12 Trust Fund for any fiscal year pursuant to this chapter.
45-13 "(6) NEW RECURRING REVENUE. Revenue of any kind or
46-14 type constituting a new annual source of money that has been
47-15 enacted, established, or provided for prior to the first day
48-16 of the fiscal year of which it is to first be included in the
49-17 calculation of the Fiscal Year Appropriation Cap for the
50-18 Education Trust Fund.
51-19 "(7) NONRECURRING REVENUE. Revenue of any kind or
52-20 type that is deposited into or causes one-time abnormal
53-21 revenue impacts on the Education Trust Fund and that is not
54-22 recurring revenue, including one-time enhancements to revenues
55-23 resulting from one-time assistance to individuals or
56-24 businesses provided by the federal government. Any balance
57-25 remaining in the Education Trust Fund at the end of any fiscal
58-Page 2 SB331
59-1 year, and transfers from the Education Trust Fund Proration
60-2 Prevention Account, the Education Trust Fund Rainy Day
61-3 Account, and the Education Trust Fund Budget Stabilization
62-4 Fund shall be nonrecurring revenue.
63-5 "(8) RECURRING REVENUE. Any permanent and continuing
64-6 source of revenue of any kind or type that has been enacted,
65-7 established, or provided for in fiscal years prior to the
66-8 fiscal year for which it is to be included in the calculation
67-9 of the fiscal year appropriation cap for the Education Trust
68-10 Fund. Recurring revenue shall not include any balance
69-11 remaining in the Education Trust Fund at the end of any fiscal
70-12 year. Once a new recurring revenue produces a source of
71-13 revenue for one complete fiscal year, it becomes a recurring
72-14 revenue.
73-15 "§29-9-3.
74-16 "(a) Notwithstanding any other provision of law to
75-17 the contrary, beginning with appropriations made for the
76-18 fiscal year ending September 30, 2013, appropriations from the
77-19 Education Trust Fund shall not exceed the fiscal year
78-20 appropriation cap.
79-21 "(b) The fiscal year appropriation cap for the
80-22 Education Trust Fund shall be equal to the sum of all of the
81-23 following:
82-24 "(1) The total of recurring revenues deposited into
83-25 the Education Trust Fund in the last completed fiscal year
84-Page 3 SB331
85-1 preceding the date on which the fiscal year appropriation cap
86-2 is calculated.
87-3 "(2) An amount equal to the amount in subdivision
88-4 (1) multiplied by the average annual percent of change in the
89-5 recurring revenues deposited into the Education Trust Fund for
90-6 the 14 highest of the 15 completed fiscal years preceding the
91-7 date on which the fiscal year appropriation cap is calculated.
92-8 "(3) If new recurring revenue measures are enacted
93-9 that will be deposited into the Education Trust Fund, or if
94-10 existing revenue sources are amended to increase the amount of
95-11 money deposited into the Education Trust Fund, for the first
96-12 time during the year for which the fiscal year appropriation
97-13 cap is being calculated, then 95 percent of the amount
98-14 projected in the enacted fiscal note accompanying the
99-15 legislative act creating the new recurring revenue shall be
100-16 added or subtracted as a part of the fiscal year appropriation
101-17 cap. If a recurring revenue source is removed from to the
102-18 Education Trust Fund is removed or reduced during the year for
103-19 which the fiscal year appropriation cap is being calculated,
104-20 the negative impact, based on the enacted fiscal note, of the
105-21 removal or reduction of the recurring revenue shall be
106-22 included in the calculation of the fiscal year appropriation
107-23 cap. Any new recurring revenue measures and any changes in the
108-24 distribution of Education Trust Fund recurring revenues
109-25 enacted during the First or Second Special Session of 2015
110-Page 4 SB331
111-1 shall not require any addition or reduction in the fiscal year
112-2 appropriation cap for the fiscal year ending September 30,
113-3 2016.
114-4 "(4) Nonrecurring revenue shall be added or
115-5 subtracted as a part of the fiscal year appropriation cap for
116-6 the fiscal year in which the nonrecurring revenue is deposited
117-7 into the Education Trust Fund.
118-8 "(5) The amount required to be appropriated from the
119-9 Education Trust Fund to the Prepaid Affordable College Tuition
120-10 Trust Fund pursuant to Section 16-33C-16, Code of Alabama
121-11 1975.
122-12 "(c) The Director of Finance and the Director of the
123-13 Fiscal Office Legislative Fiscal Officer shall certify their
124-14 computation of the fiscal year appropriation cap at the same
125-15 time as the certification required by Amendment No. 803 to the
126-16 Constitution of Alabama of 1901. If the computation results in
127-17 a fiscal year appropriation cap that is less than the total
128-18 appropriations from the Education Trust Fund for the fiscal
129-19 year immediately preceding the fiscal year for which the
130-20 fiscal year appropriation cap is being calculated, the
131-21 Legislature may appropriate from the Education Trust Fund
132-22 Budget Stabilization Fund created in this chapter an amount
133-23 equal to the difference between the preceding fiscal year's
134-24 total appropriations from the Education Trust Fund and the
135-25 fiscal year appropriation cap, provided that any such amount
136-Page 5 SB331
137-1 shall be in the determination of the Legislature not to
138-2 compromise the fiscal integrity of the fund to offset any
139-3 future proration of the Education Trust Fund.
140-4 "(d) Amendment No. 803 to the Constitution of 1901,
141-5 requires an estimate of available revenue for the Education
142-6 Trust Fund which is to be certified by the Finance Director
143-7 and the Legislative Fiscal Officer prior to the third
144-8 legislative day of each regular session. If, however, the
145-9 average of the estimated available revenue is less than the
146-10 fiscal year appropriation cap calculated in subsection (b),
147-11 the Legislature shall appropriate no more than the lesser
148-12 amount of the average of the estimated available revenue or
149-13 the fiscal year appropriation cap as required to be determined
150-14 by this section.
151-15 "§29-9-4.
152-16 "There is hereby created in the State Treasury an
153-17 Education Trust Fund Budget Stabilization Fund and an
154-18 Education Trust Fund Advancement and Technology Fund. Any
155-19 monetary interest which accrues in the Education Trust Fund
156-20 Budget Stabilization Fund shall be retained in the fund from
157-21 year to year and shall be subject only to the provisions of
158-22 this chapter. If total revenues deposited into the Education
159-23 Trust Fund during the immediately preceding fiscal year exceed
160-24 the fiscal year appropriation cap for the immediately
161-25 preceding fiscal year, and total Education Trust Fund
162-Page 6 SB331
163-1 appropriations for the immediately preceding fiscal year are
164-2 less than the fiscal year appropriation cap for the
165-3 immediately preceding fiscal year, the excess revenues shall
166-4 remain in the Education Trust Fund as nonrecurring revenue. On
167-5 or before November 15 May 31 of each fiscal year, if the total
168-6 revenues deposited into the Education Trust Fund during the
169-7 immediately preceding fiscal year exceed the fiscal year
170-8 appropriation cap for the immediately preceding fiscal year,
171-9 and Education Trust Fund appropriations for the immediately
172-10 preceding fiscal year were equal to the fiscal year
173-11 appropriation cap, the excess revenues shall be transferred to
174-12 the Education Trust Fund Rainy Day Account until the account
175-13 has been repaid in full. If the account has been repaid in
176-14 full, any excess revenues remaining shall be transferred to
177-15 the Education Trust Fund Budget Stabilization Fund and the
178-16 Education Trust Fund Advancement and Technology Fund created
179-17 in this chapter. The transfers to the Education Trust Fund
180-18 Budget Stabilization Fund and the Education Trust Fund
181-19 Advancement and Technology Fund shall be made annually as
182-20 follows:
183-21 "(a)(1) Any excess revenues remaining for the any
184-22 fiscal year ending September 30, 2015, up to two percent of
185-23 the previous year's Education Trust Fund appropriations, shall
186-24 be transferred to the Education Trust Fund Budget
187-25 Stabilization Fund. Thereafter, in an amount up to one percent
188-Page 7 SB331
189-1 of the previous year's Education Trust Fund appropriations
190-2 shall be transferred to the Education Trust Fund Budget
191-3 Stabilization Fund annually until the fund reaches seven and
192-4 one-half percent of the previous year's appropriations from
193-5 the Education Trust Fund.
194-6 "(b)(2) Funds Revenues in excess of those
195-7 transferred in subsection subdivision (a) (1) shall be
196-8 transferred to the Education Trust Fund Advancement and
197-9 Technology Fund each year. Amounts Any amount of the available
198-10 balance in the Education Trust Fund Advancement and Technology
199-11 Fund shall may be appropriated available for appropriation
200-12 only by and through an independent supplemental appropriation
201-13 bill for the following nonrecurring expenses: repairs or
202-14 deferred maintenance of facilities for public education
203-15 purposes in the state, capital outlay, for classroom
204-16 instructional support as provided in Section 16-13-231(b)(2)c.
205-17 and Section 16-13-231.3, for insuring facilities, for
206-18 transportation as provided in Section 16-13-233, for school
207-19 security measures, and for the acquisition or purchase of
208-20 education technology and equipment, or both. These funds,
209-21 however, shall not be used as a pledge for the issuance or
210-22 payment of debt service. No funds shall be appropriated until
211-23 in years when the balance of the Education Trust Fund
212-24 Advancement and Technology Fund at the end of the previous
213-25 fiscal year equals or exceeds is less than ten million dollars
214-Page 8 SB331
215-1 ($10,000,000) $10 million. Amounts in the Education Trust Fund
216-2 Advancement and Technology Fund shall be budgeted and allotted
217-3 in accordance with Sections 41-4-80 through 41-4-96 and
218-4 Sections 41-19-1 through 41-19-12, but shall not be limited by
219-5 the fiscal year appropriation cap.
220-6 "(c)(3) The annual appropriation of these funds
221-7 shall be divided between the public schools and institutions
222-8 of higher education in the state in accordance with the
223-9 percentage split, based on the fiscal year in which an
224-10 appropriation is made, between these two sectors of education
225-11 as certified by the Legislative Services Agency, Fiscal
226-12 Division, Legislative Fiscal Officer at the end of the
227-13 preceding fiscal year. Public schools shall be interpreted to
228-14 include any school in operation for the current fiscal year,
229-15 the Alabama School of Math and Science, the Alabama School of
230-16 Fine Arts, the Alabama School of Cyber Technology and
231-17 Engineering, the portion of the Alabama Institute for Deaf and
232-18 Blind providing appropriate elementary/secondary instruction,
233-19 and may include the Department of Youth Services School
234-20 District.
235-21 "§29-9-6.
236-22 "During the first six months of a fiscal year, the
237-23 Director of Finance may temporarily transfer available funds
238-24 in the Budget Stabilization Fund into the Education Trust Fund
239-25 as necessary to alleviate cash flow problems in the Education
240-Page 9 SB331
241-1 Trust Fund. Any funds temporarily transferred shall be repaid
242-2 to the Budget Stabilization Fund from funds in the Education
243-3 Trust Fund within 90 days following the date the funds are
244-4 transferred by September 30 of the fiscal year in which the
245-5 transfer was made."
246-6 Section 2. This act shall become effective
247-7 immediately following its passage and approval by the
248-8 Governor, or its otherwise becoming law.
249-Page 10 SB331
250-1
7+Page 0 1 219306-1:n:03/25/2022:KF/cmg LSA2022-174F
2518 2
2529 3
25310 4
254-President and Presiding Officer of the Senate
255-
25611 5
257-6 Speaker of the House of Representatives
258-SB3317
259-8 Senate 31-MAR-22
260-9 I hereby certify that the within Act originated in and passed
261-10 the Senate.
262-11
263-12 Patrick Harris,
264-13 Secretary.
265-14
266-15
267-16
268-17 House of Representatives
269-18 Passed: 07-APR-22
270-19
271-20
272-21 By: Senator Orr
273-Page 11
12+6
13+7
14+8 SYNOPSIS: This bill amends the Education Trust Fund
15+9 Rolling Reserve Act of 2011 to clarify current
16+10 practices for the determination of the annual
17+11 appropriation cap, for the disposition of revenues
18+12 received in excess of the cap, and for the
19+13 appropriation of funds in the Education Trust Fund
20+14 Advancement and Technology Fund.
21+15 This bill also deletes certain obsolete
22+16 provisions and modifies certain transfer dates to
23+17 improve cash flow for the Education Trust Fund.
24+18
25+19 A BILL
26+20 TO BE ENTITLED
27+21 AN ACT
28+22
29+23 To amend Sections 29-9-2, 29-9-3, 29-9-4, as last
30+24 amended by Act 2022-139 of the 2022 Regular Session, and
31+25 29-9-6, Code of Alabama 1975, relating to the Education Trust
32+26 Fund Rolling Reserve Act, to clarify current practices for the
33+27 calculation of the annual appropriation cap for the
34+Page 1 1 disposition of revenues in excess of the cap, and for the
35+2 appropriation of funds in the Education Trust Fund Advancement
36+3 and Technology Fund; to delete certain obsolete provisions;
37+4 and to modify certain transfer dates to improve cash flow for
38+5 the Education Trust Fund.
39+6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
40+7 Section 1. Sections 29-9-2, 29-9-3, 29-9-4, as last
41+8 amended by Act 2022-139 of the 2022 Regular Session, and
42+9 29-9-6, Code of Alabama 1975, are amended to read as follows:
43+10 "§29-9-2.
44+11 "For the purposes of this chapter, the following
45+12 terms shall have the following meanings:
46+13 "(1) ALABAMA TRUST FUND. The Alabama Trust Fund
47+14 created by Amendment No. 450 to the Constitution of Alabama of
48+15 1901.
49+16 "(2) EDUCATION TRUST FUND. An account in the State
50+17 Treasury into which are deposited certain revenues paid to the
51+18 State of Alabama that are earmarked or set aside for
52+19 appropriation for public educational purposes.
53+20 "(3) EDUCATION TRUST FUND RAINY DAY ACCOUNT. The
54+21 special account created within the Alabama Trust Fund by
55+22 Amendment No. 803 to the Constitution of Alabama of 1901.
56+23 "(4) FISCAL YEAR. The fiscal year of the State of
57+24 Alabama that begins on October 1 and ends on September 30.
58+25 "(5) FISCAL YEAR APPROPRIATION CAP. The maximum
59+26 amount of appropriations that may be made from the Education
60+27 Trust Fund for any fiscal year pursuant to this chapter.
61+Page 2 1 "(6) NEW RECURRING REVENUE. Revenue of any kind or
62+2 type constituting a new annual source of money that has been
63+3 enacted, established, or provided for prior to the first day
64+4 of the fiscal year of which it is to first be included in the
65+5 calculation of the Fiscal Year Appropriation Cap for the
66+6 Education Trust Fund.
67+7 "(7) NONRECURRING REVENUE. Revenue of any kind or
68+8 type that is deposited into or causes one-time abnormal
69+9 revenue impacts on the Education Trust Fund and that is not
70+10 recurring revenue, including one-time enhancements to revenues
71+11 resulting from one-time assistance to individuals or
72+12 businesses provided by the federal government. Any balance
73+13 remaining in the Education Trust Fund at the end of any fiscal
74+14 year, and transfers from the Education Trust Fund Proration
75+15 Prevention Account, the Education Trust Fund Rainy Day
76+16 Account, and the Education Trust Fund Budget Stabilization
77+17 Fund shall be nonrecurring revenue.
78+18 "(8) RECURRING REVENUE. Any permanent and continuing
79+19 source of revenue of any kind or type that has been enacted,
80+20 established, or provided for in fiscal years prior to the
81+21 fiscal year for which it is to be included in the calculation
82+22 of the fiscal year appropriation cap for the Education Trust
83+23 Fund. Recurring revenue shall not include any balance
84+24 remaining in the Education Trust Fund at the end of any fiscal
85+25 year. Once a new recurring revenue produces a source of
86+26 revenue for one complete fiscal year, it becomes a recurring
87+27 revenue.
88+Page 3 1 "§29-9-3.
89+2 "(a) Notwithstanding any other provision of law to
90+3 the contrary, beginning with appropriations made for the
91+4 fiscal year ending September 30, 2013, appropriations from the
92+5 Education Trust Fund shall not exceed the fiscal year
93+6 appropriation cap.
94+7 "(b) The fiscal year appropriation cap for the
95+8 Education Trust Fund shall be equal to the sum of all of the
96+9 following:
97+10 "(1) The total of recurring revenues deposited into
98+11 the Education Trust Fund in the last completed fiscal year
99+12 preceding the date on which the fiscal year appropriation cap
100+13 is calculated.
101+14 "(2) An amount equal to the amount in subdivision
102+15 (1) multiplied by the average annual percent of change in the
103+16 recurring revenues deposited into the Education Trust Fund for
104+17 the 14 highest of the 15 completed fiscal years preceding the
105+18 date on which the fiscal year appropriation cap is calculated.
106+19 "(3) If new recurring revenue measures are enacted
107+20 that will be deposited into the Education Trust Fund, or if
108+21 existing revenue sources are amended to increase the amount of
109+22 money deposited into the Education Trust Fund, for the first
110+23 time during the year for which the fiscal year appropriation
111+24 cap is being calculated, then 95 percent of the amount
112+25 projected in the enacted fiscal note accompanying the
113+26 legislative act creating the new recurring revenue shall be
114+27 added or subtracted as a part of the fiscal year appropriation
115+Page 4 1 cap. If a recurring revenue source is removed from to the
116+2 Education Trust Fund is removed or reduced during the year for
117+3 which the fiscal year appropriation cap is being calculated,
118+4 the negative impact, based on the enacted fiscal note, of the
119+5 removal or reduction of the recurring revenue shall be
120+6 included in the calculation of the fiscal year appropriation
121+7 cap. Any new recurring revenue measures and any changes in the
122+8 distribution of Education Trust Fund recurring revenues
123+9 enacted during the First or Second Special Session of 2015
124+10 shall not require any addition or reduction in the fiscal year
125+11 appropriation cap for the fiscal year ending September 30,
126+12 2016.
127+13 "(4) Nonrecurring revenue shall be added or
128+14 subtracted as a part of the fiscal year appropriation cap for
129+15 the fiscal year in which the nonrecurring revenue is deposited
130+16 into the Education Trust Fund.
131+17 "(5) The amount required to be appropriated from the
132+18 Education Trust Fund to the Prepaid Affordable College Tuition
133+19 Trust Fund pursuant to Section 16-33C-16, Code of Alabama
134+20 1975.
135+21 "(c) The Director of Finance and the Director of the
136+22 Fiscal Office Legislative Fiscal Officer shall certify their
137+23 computation of the fiscal year appropriation cap at the same
138+24 time as the certification required by Amendment No. 803 to the
139+25 Constitution of Alabama of 1901. If the computation results in
140+26 a fiscal year appropriation cap that is less than the total
141+27 appropriations from the Education Trust Fund for the fiscal
142+Page 5 1 year immediately preceding the fiscal year for which the
143+2 fiscal year appropriation cap is being calculated, the
144+3 Legislature may appropriate from the Education Trust Fund
145+4 Budget Stabilization Fund created in this chapter an amount
146+5 equal to the difference between the preceding fiscal year's
147+6 total appropriations from the Education Trust Fund and the
148+7 fiscal year appropriation cap, provided that any such amount
149+8 shall be in the determination of the Legislature not to
150+9 compromise the fiscal integrity of the fund to offset any
151+10 future proration of the Education Trust Fund.
152+11 "(d) Amendment No. 803 to the Constitution of 1901,
153+12 requires an estimate of available revenue for the Education
154+13 Trust Fund which is to be certified by the Finance Director
155+14 and the Legislative Fiscal Officer prior to the third
156+15 legislative day of each regular session. If, however, the
157+16 average of the estimated available revenue is less than the
158+17 fiscal year appropriation cap calculated in subsection (b),
159+18 the Legislature shall appropriate no more than the lesser
160+19 amount of the average of the estimated available revenue or
161+20 the fiscal year appropriation cap as required to be determined
162+21 by this section.
163+22 "§29-9-4.
164+23 "There is hereby created in the State Treasury an
165+24 Education Trust Fund Budget Stabilization Fund and an
166+25 Education Trust Fund Advancement and Technology Fund. Any
167+26 monetary interest which accrues in the Education Trust Fund
168+27 Budget Stabilization Fund shall be retained in the fund from
169+Page 6 1 year to year and shall be subject only to the provisions of
170+2 this chapter. If total revenues deposited into the Education
171+3 Trust Fund during the immediately preceding fiscal year exceed
172+4 the fiscal year appropriation cap for the immediately
173+5 preceding fiscal year, and total Education Trust Fund
174+6 appropriations for the immediately preceding fiscal year are
175+7 less than the fiscal year appropriation cap for the
176+8 immediately preceding fiscal year, the excess revenues shall
177+9 remain in the Education Trust Fund as nonrecurring revenue. On
178+10 or before November 15 May 31 of each fiscal year, if the total
179+11 revenues deposited into the Education Trust Fund during the
180+12 immediately preceding fiscal year exceed the fiscal year
181+13 appropriation cap for the immediately preceding fiscal year,
182+14 and Education Trust Fund appropriations for the immediately
183+15 preceding fiscal year were equal to the fiscal year
184+16 appropriation cap, the excess revenues shall be transferred to
185+17 the Education Trust Fund Rainy Day Account until the account
186+18 has been repaid in full. If the account has been repaid in
187+19 full, any excess revenues remaining shall be transferred to
188+20 the Education Trust Fund Budget Stabilization Fund and the
189+21 Education Trust Fund Advancement and Technology Fund created
190+22 in this chapter. The transfers to the Education Trust Fund
191+23 Budget Stabilization Fund and the Education Trust Fund
192+24 Advancement and Technology Fund shall be made annually as
193+25 follows:
194+26 "(a)(1) Any excess revenues remaining for the any
195+27 fiscal year ending September 30, 2015, up to two percent of
196+Page 7 1 the previous year's Education Trust Fund appropriations, shall
197+2 be transferred to the Education Trust Fund Budget
198+3 Stabilization Fund. Thereafter, in an amount up to one percent
199+4 of the previous year's Education Trust Fund appropriations
200+5 shall be transferred to the Education Trust Fund Budget
201+6 Stabilization Fund annually until the fund reaches seven and
202+7 one-half percent of the previous year's appropriations from
203+8 the Education Trust Fund.
204+9 "(b)(2) Funds Revenues in excess of those
205+10 transferred in subsection subdivision (a) (1) shall be
206+11 transferred to the Education Trust Fund Advancement and
207+12 Technology Fund each year. Amounts Any amount of the available
208+13 balance in the Education Trust Fund Advancement and Technology
209+14 Fund shall may be appropriated available for appropriation
210+15 only by and through an independent supplemental appropriation
211+16 bill for the following nonrecurring expenses: repairs or
212+17 deferred maintenance of facilities for public education
213+18 purposes in the state, capital outlay, for classroom
214+19 instructional support as provided in Section 16-13-231(b)(2)c.
215+20 and Section 16-13-231.3, for insuring facilities, for
216+21 transportation as provided in Section 16-13-233, for school
217+22 security measures, and for the acquisition or purchase of
218+23 education technology and equipment, or both. These funds,
219+24 however, shall not be used as a pledge for the issuance or
220+25 payment of debt service. No funds shall be appropriated until
221+26 in years when the balance of the Education Trust Fund
222+27 Advancement and Technology Fund at the end of the previous
223+Page 8 1 fiscal year equals or exceeds is less than ten million dollars
224+2 ($10,000,000) $10 million. Amounts in the Education Trust Fund
225+3 Advancement and Technology Fund shall be budgeted and allotted
226+4 in accordance with Sections 41-4-80 through 41-4-96 and
227+5 Sections 41-19-1 through 41-19-12, but shall not be limited by
228+6 the fiscal year appropriation cap.
229+7 "(c)(3) The annual appropriation of these funds
230+8 shall be divided between the public schools and institutions
231+9 of higher education in the state in accordance with the
232+10 percentage split, based on the fiscal year in which an
233+11 appropriation is made, between these two sectors of education
234+12 as certified by the Legislative Services Agency, Fiscal
235+13 Division, Legislative Fiscal Officer at the end of the
236+14 preceding fiscal year. Public schools shall be interpreted to
237+15 include any school in operation for the current fiscal year,
238+16 the Alabama School of Math and Science, the Alabama School of
239+17 Fine Arts, the Alabama School of Cyber Technology and
240+18 Engineering, the portion of the Alabama Institute for Deaf and
241+19 Blind providing appropriate elementary/secondary instruction,
242+20 and may include the Department of Youth Services School
243+21 District.
244+22 "§29-9-6.
245+23 "During the first six months of a fiscal year, the
246+24 Director of Finance may temporarily transfer available funds
247+25 in the Budget Stabilization Fund into the Education Trust Fund
248+26 as necessary to alleviate cash flow problems in the Education
249+27 Trust Fund. Any funds temporarily transferred shall be repaid
250+Page 9 1 to the Budget Stabilization Fund from funds in the Education
251+2 Trust Fund within 90 days following the date the funds are
252+3 transferred by September 30 of the fiscal year in which the
253+4 transfer was made."
254+5 Section 2. This act shall become effective
255+6 immediately following its passage and approval by the
256+7 Governor, or its otherwise becoming law.
257+Page 10