3799-1:N:04/11/1992:JRC/JRC LRS97-4503
Relating to Madison County; to amend Section 1 of Act 80-277 of the 1980 Regular Session (Acts 1980, p. 366), as last amended by Act 97-852 of the 1997 First Special Session; to reallocate a portion of payments made by the Tennessee Valley Authority to the state in lieu of ad valorem taxes to the county school district and the City of Huntsville School District for education purposes for fiscal years, beginning fiscal year 1998.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 1 of Act 80-277, 1980 Regular Session (Acts 1980, p. 366), as last amended by Act 97-852 of the 1997 First Special Session, is amended to read as follows:
"Section 1. A. Pursuant to the authority granted by Section 40-28-2, Code of Alabama 1975, Madison County's share of payments made by the Tennessee Valley Authority to the state in lieu of ad valorem taxes shall be distributed in the following manner:
"Up to one percent of such payments each year shall be used to establish, equip and maintain a legislative delegation office. All decisions concerning the Madison County Legislative Office, including but not limited to, revenue, income, or purchases shall be made by resolutions of the delegation adopted by a concurrent majority of the Madison County delegation, Senators and House of Representative members, each house voting separately. Such resolution may provide an operation procedure for the delegation office. The Madison County Commission shall immediately pay such amounts from such funds as the Madison County legislative delegation may request. Such requests shall be in the form of a resolution passed by the county legislative delegation, signed by one Senator and one member of the House of Representatives from the county who shall be duly appointed by the legislative delegation. The legislative delegation shall expend such monies to employ staff, acquire adequate physical office space, equipment, supplies, services, and all other necessary items. The persons employed and expenditures of the funds by the legislative delegation shall be in their discretion. Any funds allocated but not spent at the end of the fiscal year, in accordance with this subsection, shall revert to the general fund of the county treasury. The revenue and expenditures of the legislative office shall be audited on an annual basis.
"In addition to its annual budget allocation, the legislative delegation is authorized to receive a separate allocation for extraordinary purchase of equipment, not to exceed 10 percent of its budget allocation. It is understood this allocation may not be made annually, but only as needed.
"B. The remaining money, disbursed pursuant to the authority granted by Section 40-28-2, Code of Alabama 1975, shall be prorated in the following manner:
"1. Seventy percent of the remaining money shall be distributed among the county school system and the municipal school systems on the basis of average daily attendance of each school system as it bears to the total average daily attendance of all county and municipal school systems based on the number of students residing within the county. Of this amount received by the county, two hundred fifty thousand dollars ($250,000) shall be expended annually by the county school system on outdoor athletic facilities, including athletic fields.
"Notwithstanding the foregoing, for the first fiscal year following the effective date of this act, the county school system shall reimburse any municipal school system in the amount of three-fourths of any loss incurred by that municipal school system under this section. For the second fiscal year following the effective date of this act, the county school system shall reimburse any municipal school system in the amount of one-half of any loss incurred by that municipal school system under this section. For the third fiscal year following the effective date of this act, the county school system shall reimburse any municipal school system in the amount of one-fourth of any loss incurred by that municipal school system under this section. Any reimbursements made pursuant to this section shall be made prior to any transfers of money to any municipal school system pursuant to this act.
"2. Nine percent of the remaining money shall be paid to the Madison County General Fund.
"3. Twenty-one percent of the remaining money shall be paid to the incorporated municipalities, within Madison County on a per capita basis based upon those residents living within Madison County.
Section 2. This act shall become effective June 1, 1998, after its passage and approval by the Governor, or its otherwise becoming law.