alabama law - act 856.pdf · alabama law (extraordinary session, 1997) act no. 97-856 h. 125 -...

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1 Each Probate Judge, Sheriff, District Court Clerk, the Clerk and Register of the Circuit Court, County Commission Chairman and Municipal Clerk is required by law to preserve this slip or pamphlet in a book kept in his office until the Act is published in permanent form. ALABAMA LAW (Extraordinary Session, 1997) Act No. 97-856 H. 125 - Reps. Fuller, Curry AN ACT To make appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 1998. Be It Enacted by the Legislature of Alabama: SECTION 1. There is hereby appropriated for the support of public education in Alabama for the fiscal year ending September 30, 1998, for debt service, and for capital outlay to be paid out of funds specified in subsection (a) of Section 2 of this Act, the amounts specified in Sections 3 and 4 of this Act. For the purpose specified in subsection (b) of Section 2 of this Act, amounts are shown by programmatic area and the total for all programs is shown so as to include estimated sources of funds other than those listed in subsection (a) of Section 2 of this Act. For the purpose of this Act, "ETF" shall mean the Education Trust Fund and "Federal and Local Funds" shall mean all gifts, grants, contributions, or entitlements, including grants by the Congress of the United States, municipalities or counties. SECTION 2. (a) The appropriations provided for in this Act shall be paid from funds in the State Treasury to the credit of the Education Trust Fund, Alabama Peace Officers' Standards and Training Fund, and Public School Fund and are hereby made for the support of public education in Alabama for the fiscal year ending September 30, 1998, and the appropriations herein made shall be subject to the provisions, terms, conditions and limitations of the Budget and Financial Control Act (Code of Alabama 1975, Sections 41-4-80 et seq.), the provisions of The Budget Management Act of 1976 (Code of Alabama 1975, Sections 41-19-1 et seq.), and shall be in the amounts hereinafter specified. (b) Amounts shown herein under the columns "Earmarked Funds" and "Appropriation Total" are as set forth for the purpose of

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Page 1: ALABAMA LAW - Act 856.pdf · ALABAMA LAW (Extraordinary Session, 1997) Act No. 97-856 H. 125 - Reps. Fuller, Curry AN ACT To make appropriations for the support, maintenance and development

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Each Probate Judge, Sheriff, District Court Clerk, the Clerk and Register of the Circuit Court, County Commission Chairman and Municipal Clerk is required by law to preserve this slip or pamphlet in a book kept in his office until the Act is published in permanent form.

ALABAMA LAW (Extraordinary Session, 1997)

Act No. 97-856 H. 125 - Reps. Fuller, Curry

AN ACT

To make appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 1998.

Be It Enacted by the Legislature of Alabama:

SECTION 1. There is hereby appropriated for the support of public education in Alabama for the fiscal year ending September 30, 1998, for debt service, and for capital outlay to be paid out of funds specified in subsection (a) of Section 2 of this Act, the amounts specified in Sections 3 and 4 of this Act. For the purpose specified in subsection (b) of Section 2 of this Act, amounts are shown by programmatic area and the total for all programs is shown so as to include estimated sources of funds other than those listed in subsection (a) of Section 2 of this Act. For the purpose of this Act, "ETF" shall mean the Education Trust Fund and "Federal and Local Funds" shall mean all gifts, grants, contributions, or entitlements, including grants by the Congress of the United States, municipalities or counties.

SECTION 2. (a) The appropriations provided for in this Act shall be paid from funds in the State Treasury to the credit of the Education Trust Fund, Alabama Peace Officers' Standards and Training Fund, and Public School Fund and are hereby made for the support of public education in Alabama for the fiscal year ending September 30, 1998, and the appropriations herein made shall be subject to the provisions, terms, conditions and limitations of the Budget and Financial Control Act (Code of Alabama 1975, Sections 41-4-80 et seq.), the provisions of The Budget Management Act of 1976 (Code of Alabama 1975, Sections 41-19-1 et seq.), and shall be in the amounts hereinafter specified.

(b) Amounts shown herein under the columns "Earmarked Funds" and "Appropriation Total" are as set forth for the purpose of

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establishing amounts estimated to be available by programmatic area from sources other than those listed in subsection (a) of this Section 2, in order, upon consideration of such other funds so estimated to be available, to promote the accountability for an efficient use of funds available and are hereby appropriated by the Legislature. Provided, however, that regardless of the ending date of any pay period which has been or may be established by the Legislature for the payment of salaries of state employees, the entire payment due shall be made from the fiscal year's appropriation in which the pay date falls.

SECTION3. STATE AGENCIES: 1. AMERICAN LEGION AND

AUXILIARY SCHOLARSHIPS: (a) Support of Other Educational

Activities Program .............. ..

SOURCE OF FUNDS:

(1) ETF .................................. .

Total American Legion and Auxiliary Scholarships .........

To be expended under the provisions of Code of Alabama 1975, Sections 16-31-1 through 16-31-4.

2. ARCHIVES AND HISTORY, DEPARTMENT OF:

(a) Historical Education Man-agement Program ................ ..

SOURCE OF FUNDS:

(1) ETF .................................. .

Total Department of Archives

Fund Sources Included In Appropriation Total

Earmarked Appropriation ETF Funds Total

91,634

91634

91634 91634

485,000

485 000

and History .................... .... .... __ 4_8_5_,_0_0_0 ________ 4_8_5,_0_00_

3. ARTS, STATE COUNCIL ON THE:

(a) Fine Arts Program .......... . 3,993,423

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Of the above appropriation to the Fine Arts Program, $25,000 shall be allocated to the Greenville Area Arts Council.

(b) Community Arts and Cul-tural Programs .................... .

SOURCE OF FUNDS:

3

(1) ETF ................................... 3,993,423

(2) Federal and Local Funds .. 500 000

Total State Council on the Arts .

4. BUILDING COMMISSION, STATE:

(a) Special Services Program

SOURCE OF FUNDS:

(1) ETF-Transfer ................... .

3,993,423 500,000

540 206

500,000

4,493,423

540,206

Total State Building Commission 540 206 540 206 ----'-----------"----'--5. BUSKEY MATCHING

FUNDS - PENNY TRUST FUND:

(a) Special Services Program.

SOURCE OF FUNDS: 100,000

(1) ETF-Transfer .................... __ l_O_O_,_O_o_o _________ _

Total Buskey Matching Funds - Penny Trust Fund ............. .

In accordance with Sections 41-15A-10 through 41-15A-12, Code of Alabama 1975. It is the intent of the Legislature that any of the above appropriation which is not needed to match contributions shall be deposited into the Penny Trust Fund.

6. CHILD ABUSE AND NEG­LECT PREVENTION BOARD:

(a) Social Services Program ...

In accordance with Sections 26-16-1 et seq., Code of Ala­bama 1975.

100 000 100 000

1,991,230

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SOURCE OF FUNDS:

( 1) ETF-Transfer... ... ... . ... .. .. .. . --"1"""9-'-9 __ 1,_2--30"'"----------­Total Child Abuse and Neglect

Prevention Board.................. --'-l""'""',9--9_1,_,2-'-3_0 ______ ---=.1,=9-=-9=1,=23;;...:_0

7. DEBT SERVICE:

(a) Debt Service Program ..... .

For payments on interest and principal of General Obligation Refunding Bonds 1992, Series A and B .................... 12,208,418

In the event it is determined that funds should be transferred from the ETF to the State General Fund for reimburse­ment of sales taxes on auto­mobiles erroneously deposited into the ETF, the amount of ETF funds required to be transferred, up to the amount of the above appropriation for debt service on General Obligation Refunding Bonds 1992, Series A and B, shall be expended for such debt service. For payments on endowments as follows:

For interest and principal on University of Montevallo (Alabama College) Endow-ment ......................... 409,060

For interest on Auburn Univers-_jty Endowment ............ 20,280

For interest on University of Ala-bama Endowment ........ 61,000

For interest on Grove Hill Endowment ..................... 600

For interest on Public School Fund Endowment:

Interest on 16th Section Lands, Estimated .................... .410,000

Interest on School Indemnity Lands, Estimated ...... 90,000

13,232,222

-•

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Interest on Valueless 16th Section Lands .............. 5,825

Interest on Surplus Revenue ...................... 26,764

Interest on James Wallace Fund ................................ 275

Total Interest on Public School Fund Endowment ..... 532,864

SOURCE OF FUNDS:

5

(1) ETF ................................... 12,699,358

(2) ETF-Transfer .................... --=5=3=2=8~64:....._ ________ _

Total Debt Service ..... .. ...... .... . _1_3...._,2_3_2,_,2_2_2 ______ 1_3-"-,2_3_2,,_2=--22

8. DENTAL SCHOLARSHIP AWARDS, BOARD OF:

(a) Support of Other Educational Activities Program ............... . 121,854

SOURCE OF FUNDS:

(1) ETF ................................... --=1=2=1-=..:85:....:4=------------Total Board of Dental Scholarship

Awards ................................... .

To be expended under the pro­visions of Code of Alabama 1975, Sections 16-47,-76 through 16-4 7-81.

9. DRUG EDUCATION AND AWARENESS OVERSIGHT COUNCIL:

(a) Support of Other Educational Activities Program .............. ..

SOURCE OF FUNDS:

121854 121854

793,253

(1) ETF .................................. --'-7..:...93;;..z.;2::...:5:..=..3 ________ _

Total Drug Education and Aware-ness Oversight Council .. .. .. .. . .. .. 793 253 793 253

----'----------~ To be expended under the

provisions of Code of Alabama 1975, Sections 41-25-1 through 41-25-5. It is the intent that all

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existing programs be level funded in FY 1997-98 at the FY 1996-97 levels. In addition to the above appropriation there is conditionally appropriated $100,000 to the Drug Education and Awareness Oversight Council, to be conditioned upon the availability of funds in the ETF, the recommendation of the Director of Finance and the approval of the Governor. It is the intent of the Legislature that this appropriation shall be expended to establish new DARE programs.

10. EDUCATION, STATE BOARD OF - K-12 FOUNDA­TION PROGRAM:

(a) Foundation Program ....... .

(b) Transportation Program ..

Of the above appropriation, the amount necessary to fund a transportation program for alternative and gifted students in any school system in a Class I municipality shall be calculated in the distribution formula by the State Department of Education for the transportation program.

(c) Board of Adjustment ........ .

(d) At-Risk Student Program

The above appropriation shall be used to develop programs that address the needs of at-risk students as defined by the State Department of Education. These programs shall provide addi­tional services that increase the amount and quality of instruc­tional time with extended learning time opportunities

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2,496, 709,410

153,264,071

450,000

25,612,5000

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including but not limited to before and after school pro­grams, summer programs, tutoring programs, weekend programs, and alternative schools. A portion of the appro­priation may also be used for training parents and teachers to work with at-risk students and to provide services that meet identified critical needs of at-risk students.

(e) Endowment Interest Program - Public School Fund .................. .

(D Hold Harmless Program -Public School Fund ................ ..

(g) Capital Outlay Program -Public School Fund ..................... ..

SOURCE OF FUNDS:

7

(1) ETF .......... ." ........................... 2,463,168,011

(2) Public School Fund............. 78,532,864

532,864

11,773,426

66,226,574

(3) Local Funds ........................ _____ 2_12~8_6_7~9_7_0 ____ _

Total State Board of Education - K-12 Foundation Program... 2,463,168,011 291,400,834 2,754,568,845

The above appropriation shall be distributed by the State Board of Education in accordance with the provisions of the Code of Alabama 1975, Sections 16-13-230 through 16-13-239, and all other laws and regulations of the State Board of Education relating to the expenditure of such funds. These funds shall be used to provide a minimum school term and for equitable educational opportunities in the public schools of the state. Foundation Program calculations for FY 1997-98 are based on the funding divisors set forth below. Such divisors shall not serve to

Page 8: ALABAMA LAW - Act 856.pdf · ALABAMA LAW (Extraordinary Session, 1997) Act No. 97-856 H. 125 - Reps. Fuller, Curry AN ACT To make appropriations for the support, maintenance and development

prescribe pupil-teacher ratios, but it is the intent of the Legislature that class sizes for the 1997-98 academic year be reduced from the class sizes actually experienced in the 1996-97 academic year.

Grades K-3 : 14

Grades 4-6 : 22

Grades 7-8 : 21

Grades 9-12 : 18

In allocating the funds in sub­section (a) State Board of Education shall allot funds based on the rates established as follows: The Foundation Program shall use the following salary matrix to determine the cost of instructional salaries:

Years BS MS

8

exp< 3 25,882 29,764

3 ~exp< 6 28,470 32,740

6 ~exp< 9 28,858 33,187

9 ~exp <12 29,246 33,633

12 ~exp <15 29,634 34,080

15 ~exp <18 30,023 34,526

18 ~exp <21 30,411 34,973

21 ~exp 30;799 35,419

For "Fringe Benefits" the rate per day for two personal days and . five sick days (for units earned in the Foundation Program) shall be $35. The Teachers' Retire-ment System rate shall be 9.66% of salaries and the Public Education Employees' Health Insurance Program rate shall be $200 per month for each

6Y DO ND • 32,093 34,423 25,882

35,303 37,865 28,470

35,784 38,381 28,858

36,265 38,898 29,246

36,747 39,414 29,634

37,228 39,930 30,023

37,710 40,447 30,411

38,191 40,963 30,799

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full-time employee. In addition to the above rate of $200 per month, the Public Education Employees' Health Insurance Board shall, at the end of the first quarter of FY 1997-98, re-evaluate the claims experi­ence and revenues and shall provide a written report to the Finance Director and the Leg­islature by the fifth legislative day of the 1998 Regular Session, detailing any additional premium changes which might be necessary for the remainder of the fiscal year in order to pay all expenses submitted to the claims administrator by the providers for payment of claims during the fiscal year plus maintain a 12% reserve based upon expenses submitted to and paid by the claims administrator during FY 1997 -98 and shall adjust such rate accordingly. The Legislature shall then address any such rate change by providing for sufficient funding to cover such rate increase, if any. For "Classroom Instruc­tional Support" the uniform amounts used in determining the Foundation Program allowance for classroom in­structional support shall be: (1) classroom materials and supplies at $500 per unit earned in the Foundation Program; (2) textbooks at $52.50 per pupil in average daily membership during the first forty scholastic days of the preceding school year; (3) technology at $75 per unit earned in the Foundation Program; (4) professional devel­opment at $60 per unit earned

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in the Foundation Program; It is the intent of the Legislature that the existing eleven Teacher In-Service Centers continue to be funded from Professional Development monies provided by the K-12 Foundation Program funded above for the 1997-1998 fiscal year. Pro­fessional development funds shall be allocated by the State Board of Education through the State Superintendent to each In-Service Center in each geographical area of the state based upon the total allocation ($60 per state funded certificated unit) to the school systems in each In-Service Center's present geographic region. Funds shall be transferred to each Center by the Department of Education within 30 days of receipt of said funds; (5) library enhancement at $135 per unit earned in the Foundation Program. The library enhancement appropri­ation shall be for K-12 Public School Library/Media Centers and is an absolute appropriation. Not less than 40% of the above appropriation is to be expended for books. Other expenditures may include book binding, repair, CD ROMs, computer software, computer equipment, cataloging, audio-visual materi­als, newspapers, magazines, re­cordings, and video tapes. Notwithstanding the foregoing, the budgeting and expenditure of funds in subsection (a) at the local level shall be determined and made by the local board of education in accordance with rules and regulations of the

10

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State Board of Education and all laws governing such school budgets and expenditures.

11. EDUCATION, STATE BOARD OF - POSTSECOND-ARY PRISON EDUCATION:

(a) Operations and Maintenance

(b) Restricted Funds ..............

SOURCE OF FUNDS:

(1) ETF ...................................

(2) Federal and Other Funds

Total State Board of Education-Postsecondary Prison Education

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8,320,821

8,320,821

8,320,821

2,981,555

2,300,250

5 281 805

5,281,805

11,302,376

2,300,250

13,602,626

The Operations and Maintenance appropriation above of $8,320,821 to the State Board of Education for Postsecondary Prison Education is to be distributed to colleges listed on a needs basis as determined by the State Board of Education pursuant to a recommendation by the Chancellor. The allocations required herein shall be distributed among the following colleges: (1) John C. Calhoun State Community College; (2) Jefferson Davis State Community College; (3) Gadsden State Community College; (4) J.F. Ingram State Technical College; (5) Theodore A Lawson State Community College; and (6) Chauncey Sparks State Technical College.

12. EDUCATION, STATE BOARD OF - POSTSEC­ONDARY SKILLS TRAINING AND EDUCATION:

(a) Operations and Maintenance

SOURCE OF FUNDS:

(1) Federal and Local Funds.

Total State Board of Education - Postsecondary Skills Train-

23,215,893

23 215 893

ing and Education..................... ______ 23~,_21_5_L..,8_9_3 __ 2_3_,_,2_1-'-51..:;.,8-"--93

13. EDUCATION, STATE BOARD OF - TWO-YEAR COLLEGE SYSTEM:

(a) Operations and Maintenance 188,548,007 96,403,607 284,951,614

(b) Coosa Valley Nursing Pro­gram at Central Alabama Community College ................. . 99,696 99,696

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(c) Small Business Assistance-Public-Private Partnership Program .................................... . 150,000 150,000

(d) Auxiliary Enterprises............ 20,005,510 20,005,510

(e) Restricted Funds .................... ______ 7_4,'--3_74~,'--75_0 __ 7_4_,,,3_7_4_,_,7_5_0

SOURCE OF FUNDS:

(1) ETF ......................................... 188,797,703

(2) Federal and Other Funds...... 190 783 867 ~-----~--'-------

Total State Board of Education -Two-Year College System......... 188,797,703 190,783,867 379,581,570

(1) Each community, junior and technical college shall receive the same proportionate share from the appropriation for Operations and Maintenance up to $186, 789,392 as was received during the 1996-97 fiscal year for Operations and Maintenance and the 4% pay raise. The allocations required herein shall be distributed among the following colleges: (1) Alabama Aviation and Technical College; (2) Alabama Southern Community College; (3) Harry M. Ayers State Technical College; (4) Bessemer State Technical College; (5) Bevill State Community College; (6) S.D. Bishop State Community College; (7) John C. Calhoun State Community College; (8) Central Alabama Community College; (9) Chattahoochee Valley State Community College; (10) J.F. Drake State Technical College; (11) Enterprise State Junior College; (12) Faulkner State Community College; (13) Gadsden State Community College; (14) J.F. Ingram State Technical College; (15) Jefferson Davis State Community College; (16) Jefferson State Community College; (17) Theodore A. Lawson State Community College; (18) Lurleen B. Wallace State Junior College; (19) Douglas MacArthur State Technical College; (20) Northeast Alabama State Community College; (21) Northwest-Shoals Community College; (22) John M. Patterson State Technical College; (23) Ed E. Reid State Technical College; (24) Shelton State Community College; (25) Snead State Community College; (26) Chauncey Sparks State Technical College; (27) Southern Union State Community College; (28) Council Trenholm State Technical College; (29) George C. Wallace State Community College (Dothan); (30) George C. Wallace State Community College (Hanceville); (31) George C. Wallace State Community College (Selma). The remaining appropriation from Operations and Maintenance shall be distributed as determined by the Chancellor of the Postsecondary System.

(2) The appropriation in (c) above for the Small Business Assistance-Public-Private Partnership Program shall be allocated to George C. Wallace State Community College (Selma).

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(3) There is hereby appropriated $100,000 to the Nursing Program at Ayers State Technical College and $200,000 for capital outlay at Snead State Community College and $100,000 to Jefferson State Community College from the ETF to be conditioned upon the availability offunds in the ETF and the approval of the Governor.

14. EDUCATION, STATE DEPARTMENT OF:

(a) Administrative Services Pro-gram ........................................... .

The proposed spending plan for the ETF monies included in the above program is as follows:

Operations and Maintenance of Department ..... 16,351,327

Civic Education Project ...................... 150,000

Dropout Prevention Pilot Project ...................... 165,000

The pilot project for dropout prevention shall be expended to fund the implementation of strategies deemed effective in reducing the incidence of drop­outs and it shall fund programs for students whose education was interrupted for disciplinary reasons. It shall be utilized to allow those students to com­plete their high school diplo­mas, GED preparation, or vocational education (for age-qualified students).

Alabama Young Farmers Educa-tion Program ............... .45,252

To be administered by the Houston County Board of Education.

Project AIM ........................ 10,000

PALS .................................. 35,000

Southern Center for Inter-national Studies ....... 200,000

55,531,677

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Alabama Writing Project ...................... 100,000

American Village ............. 240,000

To be administered by the Citizenship Trust pursuant to Section 16-44A-31 et seq. of the Code of Alabama 1975 (Act 95-376) for statewide citizen­ship education programs and the American Village constitution and citizenship education center. In addition to the above appropriation, there is hereby appropriated $500,000 to American Village from the ETF to be condi­tioned upon the availability of funds in the ETF and the approval of the Governor.

Booker T. Washington Magnet Arts High School-Capital Out­lay and Equipment ... .400,000

Alabama Governor's School for state summer school program at Booker T. Washington Magnet Arts High School... ....... 150,000

Citizenship and Character and Leadership Education .. 200,000

SOURCE OF FUNDS:

14

(1) ETF ......................................... 18,046,579

(2) Federal and Local Funds....... 37 485 098

Total Administrative Services Program...................................... 18,046,579 37,485,098

(b) At-Risk Student Program ..... .

SOURCE OF FUNDS:

55,531,677

2,387,500

(1) ETF ......................................... -~2 _38_7~5_0_0 ________ _

Total At-Risk Student Program ...... __ 2~3_8~7 _50_0 ______ ~2 ~3_87~5_0_0

The above appropriation is to be used for providing assistance in serving at-risk students in the local school system.

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(c) Adult Basic Education Pro-gram ........................................... . 12,893,502

SOURCE OF FUNDS:

(1) ETF ......................................... 5,681,315

(2) Federal and Local Funds ....... ______ 7~2_1_2~1_8_7 ____ _

Total Adult Basic Education Program ...................................... -~5,~68_1~,3_1_5 __ 7~,2_1_2~,1_87 __ 1~2,~89_3~,5_0_2

Of the above appropriation, $80,000 shall be allocated to the Education Alternative Program. It is the intent of the Legislature that the State Superintendent of Education shall utilize the above appropriation to provide basic educational services to the maximum number of welfare recipients that is practical.

(d) Community Education Program.

SOURCE OF FUNDS:

(1) ETF .......................................... 1,051,296

1,176,296

(2) Federal and Local Funds ....... _______ 1_25~0_00 _____ _

Total Community Education Program ...................................... __ 1,_,0""""51_,_,_29--'6 ___ 1_25'--"-,0-0--'0--l_.,_17--'6--'-,2--'9-'-6

Of the above appropriation to Community Education, $100,000, in addition to the amount that is normally allocated, shall be allocated to the Birmingham City Com­munity Education Program.

(e) Financial Assistance Program ..

The proposed spending plan for the ETF monies included in the above program is as follows:

Pre-School Program ..... 2,512,096

National Geographic Grant-Matching Funds ......... 50,000

SOURCE OF FUNDS:

(1) ETF .......................................... 2,562,096

363,838,917

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(2) Federal and Local Funds ....... ______ 3_6~1~2_76_,_82_1 ____ _

Tota 1 Financial Assistance Program...................................... 2,562,096 361,276,821 363,838,917

(f) Alabama Science in Motion Program...................................... 2,475,000

SOURCE OF FUNDS: (1) ETF-Transfer ......................... __ 2~4_75~00_0 _________ _

Total Alabama Science in Motion Program ....................................... __ 2~4_7~5~00_0 _______ 2~4_75_,_00_0

It is the Legislature's intent to reappropriate all previously appropriated funds that remain unexpended in the Educational Technology Fund for this program and that all appro­priations to this program be ex­pended in accordance with Title 16, Chapters 61B and 61C, Code of Alabama 1975.

(g) Teaching Children with Dis-abilities Program ........................ ..

SOURCE OF FUNDS:

(1) ETF .......................................... --~----------Total Teaching Children with

Disabilities Program .................. ---'-".J....;;....;;_.:._ _______ -.:...::.....;:._:....:..

(h) Alabama Center for Law and Civic Education .............. .

SOURCE OF FUNDS:

(1) ETF .......................................... --~---------Total Alabama Center for Law

and Civic Education ................. .. ~--~----------'--

( i) Support of Other Educa-tional Activities Program ........... ..

The proposed spending plan for the ETF monies included in the above program is as follows:

Education of Dependents of Blind Parents ............. 12, 7 50

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SOURCE OF FUNDS:

(1) ETF .......................................... __ 1~2~75_0 _______ _

Total Support of Other Educa-tional Activities Program ............. ___ 1_2._7_50 ________ 1_2_,_7_5_0

For reimbursement of every state institution of higher learning, college, university, community college, technical college, or junior college in which benefits are given to dependents of blind parents under the provisions of Code of Alabama 1975, Sections 16-33-1through16-33-12.

(j) Multi-System Evaluation Center Program......................... 230,000

Of the above appropriation to the Multi-System Evaluation Center, it is the intent of the Legislature that $90,000 shall be utilized to continue a multi­system evaluation center in West Alabama.

SOURCE OF FUNDS:

(1) ETF .......................................... 230 000 ---~-----------

Tot al Multi-System Evalua-tion Center Program.................. 230 000

---~----------'--230 000

( k) National Board for Profes-sional Teaching Standards ........ .

Alabama teachers desiring to take the examination shall apply for funding. A panel consisting of the State Superintendent of Education, -me Executive Secretary of the Alabama Education Association, and the Deans of the Colleges of Education of Auburn University, Alabama A&M University, Alabama State University, and the University of Alabama (or their designees) shall review and screen the applicants and choose the recipients. The State Super-

50,000

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intendent of Education and the Executive Secretary of the Alabama Education Association shall be co-chairs of the panel and shall call the first meeting. The panel shall require recipients to commit to teach in Alabama public K-12 schools for an additional period of five years unless an exception is granted by the panel for good cause.

SOURCE OF FUNDS:

18

(1) ETF ......................................... __ 5_0_,_0_0_0 ________ _

Total National Board for Profes-50 000 sional Teaching Standards ........... __ _.:;5-"-0'-'-0-'-0-'-0---------"-''-'-'-~

(1) Disability Determination for Social Security Program ..... . 34,078,607

SOURCE OF FUNDS:

34 078 607 (1) Federal and Local Funds ........ -------'-~------Total Disability Determination

for Social Security Program ........ --------'-~---~---'--34,078,607 34,078,607

TOT AL DEPARTMENT OF EDUCATION:

SOURCE OF FUNDS:

(1) ETF .......................................... 32,662,536

(2) Federal and Local Funds........ 440 177 713

GRAND TOTAL STATE DE-PARTMENT OF EDUC~ TION ........................................... 32,662,536 440, 177, 713 4 72,840,249

15. EDUCATIONAL TELE-VISION COMMISSION:

(a) Educational Television and Public Radio Service Program... 7,983,639

(b) Capital Outlay Program........ 127,500

The above appropriation is for equipment replacement/ upgrade purposes.

SOURCE OF FUNDS:

(1) ETF......................................... 6,776,389

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19

(2) Federal and Local Funds ....... _____ ___.1'-33_4_,_7_5_0 ____ _

Total Educational Television Commission ................................ -~6,'-77_6_,_,3_8_9 _ ___.1,'-33_4_,_, 7_5_0 __ 8,,_1_11 ..... ,-'13'-'-9

16. EXAMINERS OF PUBLIC ACCOUNTS, DEPARTMENT OF:

(a) Educational Audit Serv-ices Program............................... 1,973,994

SOURCE OF FUNDS:

(1) ETF ......................................... 1 973 994 -~~----------

Tot al Department of Exami-ners of Public Accounts............... 1,973,994 1,973,994

-~~-------~~-

17. FAMILY PRACTICE RURAL HEALTH BOARD:

(a) Family Practice Rural Health Program ........................ . 833,540

SOURCE OF FUNDS:

(1) EFT ......................................... ---'-83'--'3..l..-'5'-4-'-0 ________ _

Total Family Practice Rural Health Board.............................. 833 540 833 540

--~--------~~

18. FINE ARTS, ALABAMA SCHOOL OF:

(a) Fine Arts Program ................ . 4,439,410

SOURCE OF FUNDS:

(1) ETF .......................................... 3,744,723

(2) Federal and Local Funds ....... ______ ....:..69"-'4=6::...:8;...:..7 ____ _

Total Alabama School of Fine Arts ............................................. __ 3,,_7 4_4~, 7_2_3 ___ 69_4~,6_8_7 __ 4,_,4_39 ..... ,4_1_0

19. FIREFIGHTERS' PER­SONNEL STANDARDS AND EDUCATION COMMISSION, ALABAMA/ALABAMA STATE FIRE COLLEGE­SHELTON STATE COM­MUNITY COLLEGE:

(a) Operations and Mainte-nance .......................................... 2,906,143 1,707,937 4,614,080

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20

Of the above appropriation, $50,000 shall be expended for the Fire Safety Education Program.

(b) Auxiliary Enterprises ............ 121022040 121022040

SOURCE OF FUNDS:

(1) ETF ......................................... 2,906,143

(2) Federal and Other Funds ...... 2 809 977

Total Alabama Firefighters' Personnel Standards and Edu-cation Commission/Alabama State Fire College - Shelton State Community College ............. 229062143 2!8092977 5!7162120

20. HIGHER EDUCATION, ALABAMA COMMISSION ON:

(a) Planning and Coordination Services Program ........................ 2,377,948 • The proposed spending plan for the ETF monies included in the above program is as follows:

Operations and Maintenance ............... 2,377 ,948

Of the above appropriation, $150,000 shall be available for payment of State attorney fees related to Knight v. Alabama, Civil Action CV 83-M-1676, 900 F Supp 272.

SOURCE OF FUNDS:

(1) ETF ......................................... 2 377 948

Total Planning and Coordina-tion Services Program (Total Operations) ................................. 2 377 948 2 377 948

(b) Student Financial Aid Program ...................................... 8,800,707

The proposed spending plan for the ETF monies included in the above program is to be

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distributed through ACHE as follows:

(1) Educational Grants Program ................... 5, 700,000

To be expended in accordance with Code of Alabama 1975, Sections 16-33A-1 through 16-33A-ll.

(2) Alabama National Guard Educational Assistance .... 800,000

To be expended in accordance with Code of Alabama 1975, Sections 31-10-1 through 31-10-4 and Sections 31-10-20 through 31-10-25.

(3) Teacher Education Scholar-ship Loan Program ........... 600,000

To be expended in accordance with Code of Alabama 1975, Section 16-23-24.

( 4) Chiropractic Scholarships ............... 37,986

To be expended in-accordance with Code of Alabama 1975, Section 16-5-11.

(5) Policeman's Survivor Tui-tion, Estimated ........... 60,000

To be expended under the provi­sions of Code of Alabama 1975, Section 36-21-105.

(6) Alabama Student Assis-tance Program ...... 1,547,471

SOURCE OF FUNDS:

21

(1) ETF ......................................... 8,145,457

(2) ETF-Transfer ......................... 600,000

(3) Federal and Local Funds....... 55 250

Total Student Financial Aid Program ...................................... __ 8,,_7_45~,4_5_7 ___ 5_5~,2_5_0 __ 8,_,8_00_..,_70_7

(c) Support of Other Educa-tional Activities Program .......... . 2,871,117

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The proposed spending plan for the ETF monies included in the above program is to be distributed through ACHE as follows:

(1) Network of Alabama Aca­demic Libraries (NAAL) . .400,000

It is the intent of the Legisla­ture that ACHE shall provide for the participation of Athens State College in the Network of Alabama Academic Libraries.

(2) Southern Regional Educa-tion Board (SREB) ........ 546,975

(3) EPSCoR-National Science Foundation Program ..... 600,000

(4) Computer-Based Articula-tion System ................... 446,461

To fund Troy State University for developing and operating a state-wide computer-based articulation system to serve all four-year and two-year postsecondary institutions in the State of Alabama.

(5) Governor's Commission on Historically Black Colleges and Universities ............ 100,000

To be expended pursuant to Executive Order No. 21.

SOURCE OF FUNDS:

(1) ETF ........................................ .

22

2,093,436

777 681 (2) Federal and Local Funds ...... . --------~------

Tot al Support of Other Educa-tional Activities Program ........... __ 2.L..,0_9_3,_,4_3_6 ___ 7_77_,,,_68_1 __ 2_,,,_87_1 .... ,_11_7

(d) Alabama Guaranteed Stu-dent Loan Program ....................... . 2,278,884

SOURCE OF FUNDS:

(1) Federal and Local Funds....... 2 278 884 ----~----'---'----------

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23

Total Alabama Guaranteed Student Loan Program .............. ______ _.2,'-2_78_,_,8_8_4 ___ 2..._,7-'8 ..... ,8~8_4

TOTAL ALABAMA COMMIS-SION ON HIGHER EDUCATION:

SOURCE OF FUNDS: (1) ETF .......................................... 13,216,841 (2) Federal and Local Funds ....... ______ 3_,_1_1_1'-8_15.;__ ___ _

GRAND TOTAL ALABAMA COMMISSION ON HIGHER EDUCATION ............................... ---'-1-'--'3,'-21"-"6-'-",8_41 _ _...;;.3_,_, l_ll_,_,8;:._;_1;..::...5_..c:::.16.::....z.,3=2=8=,6_;;_;_56

In addition to the above appropriation to the Alabama Commission on Higher Education, there is also hereby appropriated the sum of $300,000 to be conditioned on the availability of funds in the ETF, the recommendation of the Director of Finance and the approval of the Governor.

21. HUMAN RESOURCES, DEPARTMENT OF:

(a) Jobs Opportunities and Basic Skills Training (JOBS) Program........................................ 4,194,058

(b) JOBS Child Care and After School Child Care Program.......... 3,731,195

SOURCE OF FUNDS:

(1) ETF-Transfer ......................... 7 925 253 -~-~----------

Tot al Department of Human Resources .................................... __ 7~,9_2_5,~2_53 _______ 7_,_,9_2_5..._,2_5_3

Of the total state and federal dollars received by the De­partment of Human Resources for the JOBS program, at least $600,000 shall be used to contract with the Department of Education-Adult Basic Educa­tion Program for educational services to JOBS participants. Of the above appropriation,

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$20,000 shall be allocated to the Stillman Day Care; $25,000 for the Essie Floyd Day Care Center; and $50,000 shall be allocated to the McRae Learning Center; $25,000 shall be allocated to the Circle of Care; $60,000 to the Angel Factory Welfare-to-Work Program; and $19,000 shall be expended for the HERO Program in Hale County. Child care providers shall be reimbursed for child care services at their published rate for the particular category of care or at the 75th percentile of the local market rate, which­ever is less. The local market rate shall be established on a biennial basis based on a representative sample of licensed child care providers.

22. INDUSTRIAL DEVEL­OPMENT TRAINING INSTI­TUTE, ALABAMA:

(a) Operations and Mainte-

24

nance Program........................... 2,047,697

(b) Industrial Development

2,047,697

and Training Program ............... _1_2._,4_0_1._,2_7_3 _______ 1_2 ..... ,4_0'-1 ..... ,2_7_3

SOURCE OF FUNDS:

(1) ETF .......................................... ___;;;;1..;;;;4 ..::..44=8;.;.;;9;....;.7...:....0 ________ _

Total Alabama Industrial Dev-elopment Training Institute ......... _1_4,._4_48_,_,_97_0 _______ 14_.,'-44_8_,_,9_7_0

Of the above appropriation to the Alabama Industrial Develop­ment Training Institute, $5,000,000 shall be expended for automotive training at the Mercedes Benz Training Facility; $350,000 shall be transferred to the University of Alabama in Huntsville for an Advanced Technology Transfer

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Program; $550,000 shall be expended to fund the operations of the Michelin Training Center; $500,000 shall be expended for Training for Business and Industry at Shelton State Community College; $300,000 shall be expended for the Minority Technology and Entrepre­neurial Center at Bishop State Community College; $300,000 shall be expended for training displaced jobs as the result of the related Military Base Closure in Calhoun County (no portion of this appropriation shall revert but shall remain available for expenditure until the base reuse project is declared completed); $75,000 shall be allocated for the Job Training for U.S. Gypsum at Northeast Alabama State Community College; $50,000 shall be allocated for job training by Bevill State Com­munity College; $50,000 shall be allocated for woodworking training in association with Bevill State Community College; $200,000 shall be expended for the Alabama Southern Community College for Paper/Chemical Production Training; $500,000 shall be ex­pended for retraining programs for Gulf States Steel Corpora­tion and for Goodyear Tire Company to be conducted by Gadsden State Community College; and $500,000 shall be expended by Jefferson State Community College for the International Standardization Organization (I.S.0.) Program

25

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and other workforce develop­ment programs

23. LAW INSTITUTE, ALA­BAMA:

(a) Support of Other Educa-tional Activities Program ..........

SOURCE OF FUNDS:

26

51,000

(1) ETF ......................................... __ 5"'--1_,_0_0_0 ________ _

Total Alabama Law Institute ..... __ -=:.5=1=0-=-00=----------=-51=-=-00::....::.0

24. LIBRARY SERVICE, ALABAMA PUBLIC:

(a) Public Library Service Program ..................................... . 9,346,148

SOURCE OF FUNDS:

(1) ETF ......................................... 7,846,148

(2) Federal and Local Funds ........ _____ ___.:1:;_;5;;...;0....:.0'-"0--'-0-=-0-----

Total Alabama Public Library Service ........................................ __ 7~,8_46_,_,_14_8 __ 1~,5_00_,_,0_0_0 __ 9~,3_46__.,_14_8

Of the above appropriation, a minimum of $4,549,34 7 is to be distributed to the public libraries within the state and in addition to their normal allocations, $22,000 shall be allocated to the Madison City Library and $43,000 shall be allocated to the Monrovia Public Library.

25. MARINE ENVIRON-MENTAL SCIENCES CON­SORTIUM:

(a) Support of Other Educa-tional Activities Program.......... 3,689,238

SOURCE OF FUNDS:

(1) ETF .......................................... 2,788,351

(2) Federal and Other Funds...... 900 887

Total Marine Environmental Sciences Consortium .................. __ 2.L...,7_8~8,'-3_51 ___ 9_0_0.L...,8_8_7 __ 3,~6_89_,_,_23_8

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26. MATHEMATICS AND SCIENCE, ALABAMA SCHOOL OF:

(a) Mathematics and Science Program ..................................... .

SOURCE OF FUNDS:

27

(1) ETF ......................................... 5,016,619

5,131,119

(2) Federal and Local Funds....... 114 500 --------'------~

Total Alabama School of Mathe-matics and Science ....................... __ 5,_,0_16_,_,_61_9 ___ 1_1_4,'"'-5-'--00 __ 5'--',""'"13:....:l:.i..;, 1=1=-9

27. MEDICAL SCHOLARSHIP AW ARDS, BOARD OF:

(a) Support of Other Educa-tional Activities Program ......... . 1,216,641

SOURCE OF FUNDS:

(1) ETF ......................................... 468, 721

(2) Federal and Local Funds....... 747 920 --------"'-----~

Total Board of Medical Schol-arship Awards ............................... __ 4_6~8,._72_1 ___ 7_4_7..._,9_20 ___ 1,,_2_16""",6.;....4_1

To be expended under the provisions of Code of Alabama 1975, Sections 16-47-121 through 16-47-129.

28. MENTAL HEALTH AND MENTAL RETARDATION, DEPARTMENT OF:

(a) Mental Illness Program ....... ..

Of the above appropriation, $300,000 shall be expended for Alzheimer's Disease Education and Training. Any 310 Authority duly organized before May 1, 1997 shall be recognized by the Department of Mental Health and Mental Retardation as a service provider. The Department of Mental Health and Mental Retardation shall enter into contracts with local school systems to reimburse

9,138,737

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those school systems for education and education­related services provided to children under the care of the Department of Mental Health and Mental Retardation.

(b) Mental Retardation Program

(c) Substance Abuse Program ..

SOURCE OF FUNDS:

28

5,718,959

814,979

(1) ETF-Transfer .................... _1_5_,_6_7_2_,_6_7_5 _________ _

Total Department of Mental Health and Mental Retardation .. __ 5,_,6_7~2,'-6_75 _________ 1-'-5,'-6_72_,_,_67_5

Of the above appropriation, $50,000 shall be expended at the Glenwood Mental Health Wilderness Program and $100,000 shall be expended at the Anniston Senior Day Care Program.

29. MONTGOMERY INTER­NAL MEDICINE RESIDENCY PROGRAM:

(a) Support of Other Educa-tional Activities Program ............ .

SOURCE OF FUNDS:

191,000

(1) ETF ......................................... __ 19_1"--0_00 ________ _

Total Montgomery Internal Medicine Residency Program ........ __ 1_9_1~0_0_0 ________ 1_91_,_0_0_0

The above appropriation to the Montgomery Internal Medicine Residency Program from the ETF shall be in addition to the funds received by said program from the University of Alabama at Birmingham (UAB), and the funds allocated to the Mont­gomery Internal Medicine Resi­dency Program from UAB shall not be diminished from the amount allocated in fiscal year 1996-97.

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30. MUSIC HALL OF FAME, ALABAMA:

(a) Support of Other Educa-tional Activities Program ......... .

SOURCE OF FUNDS:

29

145,800

(1) ETF .......................................... 145 800 --~'------------

Total Alabama Music Hall of Fame 145 800 145 800 --~----------'--

3 l. NURSING, ALABAMA BOARD OF:

(a) Professional and Occupa-tional Licensing and Regula-tion Program ............................. .

SOURCE OF FUNDS:

57,000

(1) ETF-Transfer .......................... __ _;;_5.;.,..j7 """00""""0"-----------As provided in Code of Alabama

1975, Sections 34-21-60 through 34-21-63 for Graduate Nursing Scholarships.

Total Alabama Board of Nursing.. 57 000 57 000 --~----------'--'--'-

32. OPTOMETRIC SCHOLAR­SHIP AWARDS, BOARD OF:

(a) Support of Other Educa-tional Activities Program .............. .

SOURCE OF FUNDS:

103,160

(1) ETF ......................................... 103 160 --~-----------

Total Board of Optometric Schol-103 160 arship Awards.............................. 103 160

--~----------'--

To be expended under the provisions of the Code of Ala­bama 1975, Sections 34-22-60 through 34-22-65.

33. PEACE OFFICERS' STAN­DARDS AND TRAINING COMMISSION, ALABAMA:

(a) Professional and Occupa-tional Licensing and Regula-tion Program ............................. .

(b) Certified Law Enforcement Academy Program ..................... .

405,136

1,062,900

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Of the above appropriation for the Certified Law Enforcement Academy Program, the $612,900 of ETF monies included therein shall be expended as follows:

Northeast Police Academy ........................ 159,354

University of Alabama .... 159,354

Southwest Police Academy ........................ 159,354

Alabama Police Academy .......................... 85,806

Montgomery Police Academy .................... .49.032

Total ................................. 612,900

SOURCE OF FUNDS:

30

(1) ETF ......................................... 1,018,036

(2) Alabama Peace Officers' Standards and Training Fund - as provided in Code of Alabama 1975, Sections

450 000 36-21-40 through 36-21-51 ...... .. -------~-----~

Total Alabama Peace Officers' Standards and Training Commission ................................ __ 1,_,0-'-1...:...8,{...;..0"'"36 ___ 45.;;...0_,_,o_o__;o;____l_,_,4_6__;8:..i..,o'"""3~6

34. POSTSECONDARY EDU-CATION DEPARTMENT:

(a) Postsecondary Two-Year Institutions Program ................ . 3,462,802

SOURCE OF FUNDS: (1) ETF ......................................... 3,034,336

(2) Federal and Local Funds........ 428 466 ----------'------~

Total Postsecondary Educa-tion Department ........................ __ 3,_,0_3_4,~3_36 ___ 42_8~,4_6_6 __ 3~,4_6_2~,8_0_2

35. SICKLE CELL OVER-SIGHT AND REGULATORY COMMISSION, ALABAMA:

(a) Support of Other Educa­tional Activities Program .......... 5,000

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31

SOURCE OF FUNDS:

(1) ETF ......................................... ___ 5,_0_00 ________ _

Total Alabama Sickle Cell Oversight and Regulatory Commission................................ 5 000 5 000

~~~'---~~~~~~~~---"-~

36. SOIL AND WATER CON-· SERVATION COMMITTEE, STATE:

(a) Soil Conservation Program ........

SOURCE OF FUNDS:

21,250

(1) ETF ......................................... __ 2_1,_2_50 ________ _

Total State Soil and Water Conservation Committee .......... . 21250 21250

~~~'---~~~~~~~~---"-~

37. SPORTS HALL OF FAME, ALABAMA:

(a) Scholarship Program ............ . 200,000

SOURCE OF FUNDS:

(1) ETF .......................................... __ 20_0,_o_oo ________ _

Total Alabama Sports Hall of Fame........................................... 200 000 200 000

~~~'---~~~~~~~~---"-~

In addition to the above appropriation, $1,000,000 shall be appropriated from the ETF for Bryant-Jordan Student Athlete Scholarships conditioned upon verification of receipt of matching funds from private sources and the availability of funds and the approval of the Governor.

38. SUPERCOMPUTER AU­THORITY, ALABAMA:

(a) Administrative Support Services Program ..................... ..

The above appropriation is to be expended in accordance with Sections 41-10-390 through 41-10-406, Code of Alabama 1975.

5,892,577

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32

SOURCE OF FUNDS:

(1) ETF-Transfer ......................... 5,100,000

(2) Supercomputer Revolving Fund, Estimated........................ 792 577

Total Alabama Supercomputer Authority ....................................... _...::.5=,1:..::.00::..z.,0..:..;0:....::0 __ -=.7.=.c92=,5;::_;7c..:.7_--=5.z.::,8:..::.9=2,.::..57:....:..7

In addition to the above appropriation to the Alabama Supercomputer Authority, there is hereby appropriated $1,000,000 to be conditioned upon the availability of funds in the ETF, recommendation of the Finance Director, and the approval of the Governor.

39. TENURE COMMISSION, STATE:

(a) Regulation Program .............. .

SOURCE OF FUNDS:

15,000

(1) ETF .......................................... ----'15__,_0_0_0 ________ _

Total State Tenure Commission ...... __ ...::.l:..::.5=0-=-00-=--_______ 1::.:5::..z.0::..:0::..::.0

40. VETERANS' AFFAIRS, DEPARTMENT OF:

(a) Administration of Vet-erans' Affairs Program ............. .

(b) Student Financial Aid Pro-gram, Estimated ......................... .

For reimbursement to every state institution of higher learning, college, university, community college. junior college or technical college in which benefits are given to veterans, their spouses, widows, or children under the provisions of Code of Alabama 1975, Sections 31-6-1 through 31-6-17.

SOURCE OF FUNDS: (1) ETF-Transfer ......................... 2,734,248

2,734,248

3,304,296

(2) ETF, Estimated ........................ --'-3L"-3-'-04_,__29'-"6 ________ _

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33

Total Department of Veterans' Affairs ........................................... __ 6~,0_3~8,_54_4 ______ ~6,'-03_8""-,5'-4_4

41. YOUTH SERVICES, DE-p ARTMENT OF:

(a) Financial Assistance Pro-gram ........................................... .

The above appropriation for the Financial Assistance Program includes $4,081,615 of ETF monies. The above appro­priation shall be expended by the Youth Services Depart­ment District in a manner consistent with the funding formula cooperatively estab­lished by the Youth Services Board and the State Board of Education pursuant to the provisions of Code of Ala­bama 1975, Sections 44-1-70 through 44-1-77.

(b) Community Educational Programs ................................... .

Of the above appropriation, $100,000 shall be allocated to COARMM. The remainder of the above appropriation shall be used for the support and maintenance of existing C.LT.Y. programs in Etowah, Jefferson, Madison, Mobile, Montgomery, Tuscaloosa, Chilton, Houston and Dallas Counties. It is the intent of the Legislature that local boards of education provide facilities and/or equiv­alent in-kind services for the operation of C.LT.Y. programs that accept students from their school systems. It is further the intent of the Legislature that the Director of the Department of Youth Services shall make every effort to initiate C.I.T.Y.

4,715,875

3,693,228

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programs in Decatur/Morgan County and in Russellville. In addition to the above appro­priation, there is hereby appropriated $100,000 for a C.I T Y. program in Russellville; $100,000 to the C.I.T.Y. pro­gram in Lee County; and $350,000 for the C.I.T.Y. pro­gram in Decatur/Morgan County all to be conditioned upon the availability of funds in the ETF and the approval of the Governor.

SOURCE OF FUNDS:

(1) ETF ......................................... .

34

7,774,843 (2) Federal and Local Funds ....... _______ 6_34~26_0 ____ _

Total Department of Youth Services ...................................... __ 7~,7_7~4,_84_3 ___ 6_3_4~,2_6_0 __ 8,~4_09~,_10_3

SECTION4. COLLEGES, UNIVERSITIES

AND SCHOOLS:

I. BOARD OF TRUSTEES OF UNIVERSITY OF ALABAMA:

(a) Operations and Mainte­nance and Program Support for the University of Ala-bama at Tuscaloosa................... 103,300,983 57,507,025 160,808,008

Of the above appropriation to the University of Alabama at Tuscaloosa, $50,000 shall be used to fund the Rural PACERS Program. In addition to the above appropriation, there is hereby appropriated $200,000 for capital outlay at the University of Alabama/ Stillman College Cooperative for the Michael Figures Museum from the ETF to be conditioned upon the availability of funds and the approval of the Governor. This

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conditional shall be the first priority conditional to be released in full before any other conditional appropriation from the ETF is released.

(b) Operations and Maintenance and Program Support for the University of Alabama at

35

Birmingham................................ 179,685,929 604,517,490 784,203,419

Of the above appropriation to the University of Alabama at Birmingham $400,000 shall be used to fund the Minority Busi­ness Training-Economic De­velopment Program. It is the intent of the Legislature that the Nuclear Magnetic Reson­ance Studies Program be funded in FY 1997-98 at a level that is $100,000 greater than the level of funding received in FY 1996-97.

(c) Operations and Mainte­nance and Program Support for the University of Ala-bama in Huntsville.................... 34,803,904 21,538,994 56,342,898

(d) Special Mental Health and Chauncey Sparks Center for Developmental and Learning Disorders, University of Ala-bama at Birmingham................... 4,298,696

(e) Alabama SchoolFest Pro-gram, University of Alabama ...... 820,458

CD Alabama Technology Net-work Program, University of Alabama...................................... 1,750,000

(g) Alabama Technology Net-work Program, Minority Tech-nology Networks.............................. 750,000

(h) School of Optometry Fund­Transfer to University of Ala-bama at Birmingham School of Optometry ................................... .

4,298,696

820,458

1,750,000

750,000

50,000 50,000

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36

(i) Mobile Engineering Program....... 55,000 55,000

(j) Auxiliary Enterprises............. 75,602,598 75,602,598

(k) Restricted Funds .................... ______ 24_5-'"-,2---'8_7,_,2_5_2 _2_4~5,'-2_87_.,2--'5:.._2

SOURCE OF FUNDS:

(1) ETF .............. ........................... 325,464,970

(2) Federal and Other Funds...... 1 004 503 359

Total Board of Trustees of Uni-versity of Alabama....................... 325,464,970 1,004,503,359 1,329,968,329

II. BOARD OF TRUSTEES OF ALABAMA A&M UNIVER-SITY:

(a) Operations and Mainte-nance and Program Support........ 23,148,575 15,063,934 38,212,509

(b) Title VI Program Enhance-ment............................................ 570,416 570,416

The proposed spending plan for the above Title VI Pro­gram Enhancement appro­priation is as follows:

Consultants/Faculty ..... 184,420

Instructional Support .... 385,996

(c) Desegregation Planning......... 184,906

(d) Urban Affairs and New Non-Traditional Land Grant Programs.................................... 1,331,000

(e) Agricultural Research Station Fixed Costs.................... 300,000

(f) Cooperative Extension, Re-search and Service...................... 924,528

The above appropriations in (b) through (f) from the ETF are to be released and used as restricted by and in compliance with Knight v. Alabama, 900 F Supp 272.

184,906

1,331,000

300,000

924,528

(g) Auxiliary Enterprises............ 5,987,221 5,987,221

(h) Restricted Funds .................... ______ 1_9_,_, 1_1_8,_,8_3_4 __ 1~9,'-1_18__,_,-'--83:.._4

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SOURCE OF FUNDS:

(1) ETF ......................................... 26,459,425

(2) Federal and Other Funds...... 40 169 989

Total Board of Trustees of Ala-barna A&M University................. 26,459,425 40,169,989 66,629 414

Of the above appropriation for operations and maintenance, a total of $250,000 shall be allocated to the Black Archives Museum.

III. BOARD OF TRUSTEES OF ALABAMA A&M UNI­VERSITY:

(a) Alabama A&M University-369 800 Miles College Consortium ........ ... 369 800

~~~~~~~~~~~~~~

SOURCE OF FUNDS:

(1) ETF ......................................... __ 36_9_,_8_0_0 ________ _

Total Alabama A&M University-369 800 Miles College Consortium................. 369 800

~~~~~~~~~~~~-'--

IV. BOARD OF TRUSTEES OF ALABAMA STATE UNI­VERSITY:

(a) Operations and Mainte-nance and Program Support..... 23,579,087 18,790,735 42,369,822

(b) Title VI Program Enhance-ment............................................... 1,657,477 1,657,477

The proposed spending plan for the above Title VI Program Enhancement appropriation is as follows:

Consultants/Faculty ........ 462,264

Instructional Support .. 1,195,213

(c) Desegregation Planning ........ .

The above appropriations in (b) through ( c) from the ETF are to be released and used as restricted by and in compliance with Knight v. Alabama, 900 F Supp272.

184,906 184,906

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(d) Cooperative Efforts to En-hance Community Educa-tional Institutions ..................... .

(e) Auxiliary Enterprises .......... ..

(f) Restricted Funds ................... ..

SOURCE OF FUNDS:

(1) ETF ....................................... ..

(2) Federal and Other Funds ...... .

Total Board of Trustees of Alabama State University .......

V. STATE BOARD OF EDU­CATION - ATHENS STATE COLLEGE:

(a) Operations and Maintenance and Program Support .................. ..

(b) Auxiliary Enterprises .......... ..

38

400,000

25,821,470

2528211470

7,313,690

400,000

9,945,702 9,945,702

12,394,491 12,394,491

41130 928

4111301928 6619521398

4,880,317 12,194,007

698,731 698,731

(c) Restricted Funds .................... -------'----'-----'--~-112601656 11260,656

SOURCE OF FUNDS:

(1) ETF ....................................... .. 7,313,690

6 839 704 (2) Federal and Other Funds ...... ______ .;:_i_;;;_.;;;__;;__/._;__:_;:....__ ___ _

Total State Board of Education-Athens State College ................... -~-~--~~----'-~-723131690 618391704 14)531394

In addition to the above appropriation to Athens State College, there is hereby appro­priated $1,000,000 from the ETF to be conditioned upon the availability of funds in the ETF and the approval of the Gover­nor. The above conditional appropriation to Athens State College shall be the third priority conditional and shall be released in full before any other conditional appropriation from the ETF may be released.

VI. BOARD OF TRUSTEES OF AUBURN UNIVERSITY:

(a) Operations and Mainte-nance and Program Support....... 174,971,211 110,761,208 285, 732,419

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Of the above appropriation, $40,000 shall be allocated to the AUM Community Outreach.

(b) Alabama Technology Net­work Program, Auburn Uni-

39

versity......................................... 1, 750,000

(c) Auxiliary Enterprises............. 53,525,666

(d) Restricted Funds..................... 68,596,863

SOURCE OF FUNDS:

(1) ETF ......................................... 176,721,211

1,750,000

53,525,666

68,596,863

(2) Federal and Other Funds ....... _____ 2'-3_2-'-'8'"""8-'-3'-7-'-37 ____ _

Total Board of Trustees of Auburn University ..................... 176,721,211 232,883,737 409,604,948

In addition to the above ap­propriation to Auburn University, there is hereby appropriated $1,000,000 to the School of Veterinary Medicine at Auburn University and $1,000,000 for the Poultry Diagnostic Lab­oratory at Auburn University, to be conditioned upon the avail­ability of funds in the ETF and the approval of the Governor

VII. BOARD OF TRUSTEES OF JACKSONVILLE STATE UNIVERSITY:

(a) Operations and Mainte-nance and Program Support... 24,712,389 16,971,000

(b) Auxiliary Enterprises............ 3,668,450

(c) Restricted Funds.................... 19,115,854

SOURCE OF FUNDS:

(1) ETF ......................................... 24, 712,389

(2) Federal and other Funds....... 39 755 304

Total Board of Trustees of

41,683,389

3,668,450

19,115,854

Jacksonville State University......... 24,712,389 39,755,304 64,467,693

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VIII. BOARD OF TRUSTEES OF UNIVERSITY OF MONTE­VALLO:

(a) Operations and Mainte-

40

nance and Program Support... 13,075,681 8,871,054 21,946,735

(b) Auxiliary Enterprises............ 4,800,758 4,800,758

(c) Restricted Funds .................... ______ 2_.,'-24_9_.,_88'--'8~_2_.,'--24-'9_,_,8-'8:...;:..8

SOURCE OF FUNDS:

(1) ETF......................................... 13,075,681

(2) Federal and Other Funds ...... ______ 15"-'-"-92'-l_.7_0'--'0 ____ _

Total Board of Trustees of Uni-versity of Montevallo..................... 13,075,681 15,921,700 28,997,381

In addition to the above appro­priation from the ETF there is hereby appropriated $1,000,000 to be conditioned upon the availability of funds in the ETF, the recommendation of the Director of Finance and the approval of the Governor.

IX. BOARD OF TRUSTEES OF UNIVERSITY OF NORTH ALABAMA:

(a) Operations and Mainte-nance and Program Support....... 18,381,574

(b) Economic Research and Service........................................ 50,000

12,970,788

(c) Auxiliary Enterprises............. 3,125,169

31,352,362

50,000

3,125,169

(d) Restricted Funds .................... ______ l~,2_0_8~,4_39 __ ~1,_20_8~,4_3_9

SOURCE OF FUNDS:

(1) ETF ......................................... 18,431,574

(2) Federal and Other Funds...... 17 304 396

Total Board of Trustees of University of North Alabama ........... __ 18 ...... ,4_3~1,c:...57_4 __ 17_.,-'-30_4..._,3_9_6 __ 3_5,_, 7-'-35_.,9_7_0

In addition to the above appro­priation from the ETF there is hereby appropriated $850,000 for capital outlay for Floyd Hall to be conditioned upon the

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availability of funds in the ETF, the recommendation of the Director of Finance and the approval of the Governor.

X. BOARD OF TRUSTEES OF UNIVERSITY OF SOUTH ALABAMA:

(a) Operations and Mainte-

41

nance and Program Support ....... 283,900, 736 69,763,379 214,137,357

(b) Auxiliary Enterprises............ 12,442,614 12,442,614

(c) Restricted Funds .................... ______ 2_2_,_,2-'o....:.o.1....:.,o....:.o_;_o_..::c2.=.2,'-=2.::....oo:.L,o.::....o:....:.o

SOURCE OF FUNDS:

(1) ETF ......................................... 69,763,379

(2) Federal and Other Funds...... 248 779 971

Total Board of Trustees of Uni-versity ofSouth Alabama........... 69,763,379 248,779,971 318,543,350

Of the above appropriation to the University of South Alabama, $250,000 shall be allocated to the Southwest Alabama Health Care Network.

XI. BOARD OF TRUSTEES OF TROY STATE UNIVER­SITY:

(a) Operations and Maintenance and Program Support for Troy State University................. 19,535,045 38,051,944

Of the above appropriation, $200,000 shall be allocated for capital outlay.

(b) Operations and Mainte­nance and Program Support for Troy State University Dothan........................................ 4,459,328

In addition to the above appropriation from the ETF there is hereby appropriated $1,000,000 to be conditioned upon the availability of funds in the ETF, the recommendation of

4,982,504

57,586,989

9,441,832

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the Director of Finance and the approval of the Governor.

(c) Operations and Mainte­nance and Program Support for Troy State University

42

Montgomery............................... 4,348,938 4,934,229 9,283,167

In addition to the above ap­propriation from the ETF there is hereby appropriated $1,000,000 to be conditioned upon the availability of funds in the ETF, the recom­mendation of the Director of Finance and the approval of the Governor.

(d) Auxiliary Enterprises............ 10,095,000 10,095,000

(e) Restricted Funds.................... 6 369 881 6 369 881

SOURCE OF FUNDS:

(1) ETF ......................................... 28,343,311

(2) Federal and Other Funds...... 64 435 558

Total Board of Trustees of Troy State University.............................. 28,343,311 64,433,558 92,776,869

XII. BOARD OF TRUSTEES OF UNIVERSITY OF WEST ALABAMA:

(a) Operations and Mainte-nance and Program Support..... 8,074,419 5,017,951 13,092,370

(b) Auxiliary Enterprises............ 2,859,372 2,859,372

(c) Restricted Funds .................... ---------=-40.:...:l=i.8.:...:5:....:7 ___ 4.;:..;0:..:1;.i..;8:..:5'-'-7

SOURCE OF FUNDS:

(1) ETF ......................................... 8,074,419

(2) Federal and Other Funds ...... ______ .=.;8c2..:....79::..i..::.18.:...:0=------

Total Board of Trustees of Uni-versity of West Alabama ............... __ 8_,_,0_7_4,_,4_1_9_---'-8,'-2_79-',_18_0 __ 16-',_35_3~,5_9_9

In addition to the above appropriation from the ETF there is hereby appropriated $1,000,000 to be conditioned upon the availability of funds

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in the ETF, the recom­mendation of the Director of Finance and the approval of the Governor.

XIII. BOARD OF TRUSTEES OF ALABAMA INSTITUTE FOR DEAF AND BLIND:

(a) Adult Programs .................... ..

(b) Children and Youth Programs ..

(c) Industries for the Blind .........

SOURCE OF FUNDS:

(1) ETF ........................................ .

43

5,844,902

17,965,559

5,130,165

28,940,626

4,944,107 10,789,009

2,239,307 20,204,866

9,219,553 14,349,718

16 402 967 (2) Federal and Other Funds ...... ------~~------

Total Board of Trustees of Ala-bama Institute for Deaf and Blind........................................... 28,940,626 16,402,967 45,343,593

XIV. KNIGHT V. ALABAMA -FINANCIAL OBLIGATIONS:

(a) Operations and Mainte-nance and Program Support, Estimated ................................... 4,918,376

SOURCE OF FUNDS:

(1) ETF ......................................... 4 918 376 -~-~---------~

Total Knight v. Alabama ............. __ 4~,9_18~,_37_6 _______ 4~,_91_8~,3_7_6

To be allocated and expended in accordance with the 1995 Re-medial Decree in Knight v. Ala-bama, Civil Action CV 83-M-1676, 900 F Supp 272.

SECTION 5. There is hereby appropriated the following amounts to the following institutions, to be expended to offset the cost of providing salary increases for faculty and staff granted for the 1997-98 fiscal year, to be conditioned upon the availability of funds in the Education Trust Fund and the approval of the Governor:

(a) University of Alabama System

University of Alabama at Tuscaloosa ................................. . $1,027,278

l

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University of Alabama at Birmingham .............................. .

University of Alabama in Huntsville .................................. .

b. Alabama A&M University ..... .

c. Alabama State University ...... .

d. Athens State College .............. .

e. Auburn University System .... .

f. Jacksonville State University .. .

g. University of Montevallo ....... .

h. University of North Alabama .. .

i. University of South Alabama ..

j. Troy State University System Troy State University-Troy ...... .

Troy State University-Dothan .... .

Troy State University-Montgomery

k. University of West Alabama ..

1. State Board of Education-Two-Year College System ........... .

m. State Board of Education-Prison Education ....................... .

n. Firefighters Personnel Stand­ards and Education Commis­sion/ Alabama Fire College­Shel ton State Community College ........................................ .

o. Alabama Institute for Deaf and Blind ................................... .

p. Department of Finance­Telecommunications Division, Telephone Revolving Fund .......... .

The above appropriation is conditioned on the availability of funds in the ETF, the recommendation of the Director of Finance and the approval of the Governor. This conditional appropriation shall be the second priority conditional and

44

$1,786,890

$344,865

$263,126

$254,296

$72,731

$1,739,606

$245,753

$129,236

$182,796

$691,277

$192,278

$41,363

$43,248

$80,296

$1,858,476

$83,208

$28,361

$271,346

$3,458,333

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shall be released in full before any other conditional appro­priation from the ETF is re­leased.

45

SECTION 6. The Legislature by its passage of Act 95-314 requires the phase out of hold harmless funds to be completed in FY 1999 in scheduled increments over a four-year period. The State Department of Education may exclude 2% of the amount of the FY 1997 4% pay raise from the calculation of the hold harmless amount to be distributed from the Public School Fund. Any local board of education receiving hold harmless funds may use part or all of its capital outlay allowances for the additional costs of any salary increase mandated by the Legislature in FY 1997 and not covered by an adjustment to the hold harmless allowance.

SECTION 7. In addition to appropriations herein made, all gifts, grants, contributions, or entitlements, in excess of the amount carried in the bill, including grants by the Congress of the United States, muncipalities or counties, to any department, division, board, bureau, commission, agency, institution, office or officer of the State of Alabama are hereby appropriated and, in the event the same are recurring, are reappropriated to such department, division, board, bureau, commission, agency, institution, office or officer to be used only for the purposes for which the grant or contribution was or shall be made. Further, all state, county, muncipal and educational entities are authorized to disburse such sums as deemed necessary by mutual agreement between said entities and the State of Alabama, Department of Examiners of Public Accounts to partially defray the cost of auditing services performed by said agency. All such sums are hereby appropriated and reappropriated if necessary to the Department of Examiners of Public Accounts for audit services, to be expended through the fund established by Section 41-5-24, Code of Alabama 1975.

SECTION 8. The State Superintendent of Education shall make requisitions to the State Comptroller in favor of the proper beneficiary in accordance with the law and rules and regulations governing the expenditure or disbursement of any and all funds appropriated to the State Department of Education and/or the State Board of Education in this Act, whereupon the Comptroller shall issue his warrant therefor. Furthermore, the Executive Director of the Alabama Commission on Higher Education may submit to the Comptroller requests for timely payments of warrants to students receiving financial assistance to attend postsecondary educational institutions. All other appropriations in this Act shall be paid after proper requisitions are made to the State Comptroller in the manner now provided by law.

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SECTION 9. No funds provided herein for the public schools shall be used for the payment of any salaries of personnel which are not under the direct control, employment, and supervision of local boards of education; provided, however, that this section shall not apply to the construction, renovation, or mayor repair of buildings or other capital improvements which are beyond the capacity of regular employees to perform.

SECTION 10. Nothing in this Act shall be construed to affect or repeal any law authorizing or permitting any college, school or other education or eleemosynary institution of the State to receive, collect or disburse any fees, tuitions, charges, sales, endowments, trusts or income therefrom, which are now or may hereafter be authorized to receive, collect or disburse. The receiving college, school or institution shall further maintain separate accounts for such receipts or shall maintain a system of accounting which will show a cash flow of such receipts received under the provision of this appropriation.

SECTION 11. All state-mandated and state-funded salary increases and fringe benefits for Child Nutrition Program workers shall be fully-funded from the Foundation Program Fund in this Act • and shall therefor be subsequently fully-funded by all local school boards from funds provided in this Act from Other Current Expense and not from funds generated by the Child Nutrition Program.

SECTION 12. (a) Funds appropriated from the ETF or earmarked state funds in this Act to any state department, division, board, bureau, commission, agency, institution, or office (with the exception of local boards of education) shall not be expended for the purchase or lease of automotive vehicles. A state agency or postsecondary institution of higher education funded from the ETF or earmarked state funds in this Act may request to purchase or lease automotive vehicles for emergency purposes. The request shall be made in writing to the Director of Finance, the Chairman of the House Committee on Ways and Means, and the Chairman of the Senate Committee on Finance and Taxation-Education. The request shall explain the nature of the automotive purchase or lease and the emergency need for the vehicle. The request shall be approved unanimously by the Director of Finance, the Chairman of the House Committee on Ways and Means, and the Chairman of the Senate Committee on Finance and Taxation-Education prior to the purchase or lease of any automotive vehicle.

(b) No funds appropriated in this act, except for funds appropriated to entities excluded in subsection (a) of this section, shall be expended for the purpose of purchasing optional equipment on state motor vehicles that consist of stereo equipment, power

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seats, leather upholstery, premium wheel covers, deluxe exterior trim, or sun roofs.

(c) On the last day of this fiscal year, each state school, department, or agency receiving funds under this act shall file a report with the Legislature detailing purchases of new motor vehicles during the fiscal year, including complete information on the date of purchase, make and model of the vehicle, standard equipment on the vehicle, optional equipment on the vehicle, and a complete inventory of all state motor vehicles assigned to, being used by, or being leased by the state school, department, or agency receiving funds under this Act, and shall also submit an inventory report of all motor vehicles that it operates that do not have state vehicle identification license tags.

SECTION 13. The appropriations made herein to the departments, boards, offices, commissions, and agencies include the amount necessary and said departments, boards, offices, commissions, and agencies are hereby directed to make the transfer of funds to the State Personnel Department in the amounts enumerated in the general appropriation act for the fiscal year ending September 30, 1998. All agencies enumerated in this Act that receive services from other governmental agencies enumerated in the general appropriation act shall make full payment in a timely manner (as determined by the Department of Finance) for such services.

SECTION 14. All encumbered balances of a previous fiscal year appropriation other than the exclusions authorized by the Code of Alabama 1975, Section 41-4-93, shall lapse no later than September 30 of the fiscal year immediately following the fiscal year for which the appropriation was made and shall revert to the credit of the ETF or earmarked fund from which the appropriation or appropriations were made.

SECTION 15. Upon certification to the Director of Finance by the State Attorney General that a federal court has ordered the State of Alabama to pay claims, attorney fees, or other costs relating to said court order, funds are hereby appropriated to the affected department, board, bureau, or commission in the amount necessary to satisfy that court order. Such appropriations are in addition to any other appropriation heretofore or hereafter made in this appropriation act. Such appropriations are conditioned upon the availability of funds and a determination by the Director of Finance that other current appropriations are not available for the court-ordered payments.

SECTION 16. It is the intent of the Legislature that each agency receiving an appropriation in this appropriations act shall

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certify to the Department of Finance that it has a plan for its data processing and other computerized systems to become Year 2000 compliant. As part of the annual plan of operation, each agency shall certify in writing that the Year 2000 compliance plan is or will be implemented in a timely manner. This plan shall encompass those programs which are critical and necessary to the essential delivery of services to citizens, local governments, the federal government and other state entities. Each Year 2000 compliance plan shall be based on standards for data storage and exchange as established by the Department of Finance.

SECTION 17. If any section, paragraph, sentence, clause, provision or portion of this Act or all or any portion of any appropriations herein made be held unconstitutional or invalid, it shall not affect any other section, paragraph, sentence, clause, provision or portion of this Act or any other appropriation or appropriations or portion thereof hereby made not in and of itself unconstitutional or invalid.

SECTION 18. All laws and parts of laws, general, special, private or local in conflict with or inconsistent with the provisions of this Act be and the same are hereby expressly repealed.

SECTION 19. This Act shall become effective on October 1, 1997.

Approved September 11, 1997

Time: 11:05 AM.

I hereby certify that the foregoing copy of an Act of the Legislature of Alabama has been compared with the enrolled Act and it is a true and correct copy thereof.

Given under my hand this 12th day of September, 1997.

GREG PAPPAS Clerk of the House