HB129

ENROLLED, An Act,

To make an appropriation of $37,131,484 from the Children First Trust Fund for the fiscal year ending September 30, 2016, to the entities and for the purposes designated in Section 41-15B-2.2, Code of Alabama 1975; to provide for the deposit of tobacco settlement revenues into the Children First Trust Fund; to require written notification of anticipated agency allocations by the State Director of Finance; to require quarterly allocations; to condition allocations on receipt of tobacco revenues; to provide for the transfer to the State General Fund during fiscal year 2016 that portion of Children First Trust Fund receipts currently allocated for the State Board of Education; to make an appropriation of $44,835,893 from other tobacco settlement funds for the fiscal year ending September 30, 2016; and to make a conditional appropriation and allocation of additional tobacco revenues upon the recommendation of the Director of Finance, the Chairman of the House Ways and Means General Fund Committee and the Chairman of the Senate Finance and Taxation-General Fund Committee, and the approval of the Governor and to provide an income tax refund check-off for a contribution to the Children First Trust Fund. .

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) There is hereby appropriated from the Children First Trust Fund the sum of $37,131,484 for the fiscal year ending September 30, 2016, to the entities and for the purposes designated in Section 41-15B-2.2, Code of Alabama 1975 as follows, per the approved plan of investment for each agency:

Alcoholic Beverage Control Board 515,045 Children's Trust Fund 2,317,631 Department of Forensic Sciences 447,297 Alabama Department of Human Resources 9,293,328 Juvenile Probation Services Fund 4,646,663 Alabama Medicaid Agency 1,622,342 Alabama Department of Mental Health 2,022,457 State Multiple Needs Children's Fund 3,264,106 Department of Public Health 4,646,663 Department of Rehabilitation Services 248,634 Department of Youth Services 8,107,318

(b) (1) All tobacco revenues from the tobacco settlement received by the state previously designated for the Children First Trust Fund shall be deposited to the Children First Trust Fund within 30 calendar days of receipt of those tobacco revenues.

(2) The Director of Finance shall notify each agency and the Department of Children's Affairs in writing prior to September 1, 2015, of the dollar amount of the allocation expected to be received by the agency from the Children First Trust Fund in the fiscal year ending September 30, 2016.

(3) At the beginning of each quarter of the fiscal year ending September 30, 2016, the respective agency shall be allocated at least one-fourth of the total amount appropriated and allocated to the agency for that fiscal year when tobacco revenues are available for the respective agency. In the event tobacco revenues are not available for the respective agency until later in the fiscal year then the respective agency shall be allocated an equal quarterly allotment for the quarters that funds are available at the beginning of those quarters. Such allocation shall be made and be available for expenditure by the agency within five working days of the commencement of the quarter. If additional sums are appropriated or allocated, or both, during the fiscal year, these sums shall be equally allocated to the respective agency among the remaining quarters of the fiscal year or may be allocated to the respective agency in one sum if revenues are available. The Department of Children's Affairs shall be notified in writing of all appropriations and allocations from the Children First Trust Fund by the Director of Finance.

(4) Allocations from the Children First Trust Fund are conditioned upon the receipt of tobacco revenues.

(c) Allocations received pursuant to Section 1 shall be expended in accordance with Section 41-15B-2.2, Code of Alabama 1975.

(d) At the conclusion of the fiscal year, any remaining sums in the Children First Trust Fund shall remain in the fund and shall not revert to the General Fund or to any other fund, except as provided by HB ____ or SB ____ of the 2015 Regular Session, Act No. ____.

Section 2. Notwithstanding any provision of Division 1 of Article 17 of Chapter 10 of Title 41, Code of Alabama 1975, any provision of Chapter 15B of Title 41, Code of Alabama 1975, or any other provision of law, that portion of Children First Trust Fund receipts currently allocated for the State Board of Education shall be transferred from the Children First Trust Fund to the State General Fund during the fiscal year ending September 30, 2016.

Section 3. In addition to the appropriation herein above made, there is hereby appropriated from additional tobacco settlement funds the sum of $44,835,893 for the fiscal year ending September 30, 2016 to the following entities:

Department of Children's Affairs 613,054 21st Century Debt Service 13,000,000 Senior Services Trust Fund 1,328,632 Alabama Medicaid Agency 27,901,260 Department of Senior Services - Medicaid Waiver 1,992,947

Section 4. Any additional tobacco revenues available for the fiscal year ending September 30, 2016, shall be conditionally appropriated, conditioned upon the recommendation of the Director of Finance, the Chairman of the House Ways and Means General Fund Committee and the Chairman of the Senate Finance and Taxation-General Fund Committee, and approval of the Governor.

Section 5. The Executive Budget Office and the Director of Finance shall allot funds appropriated from the Children First Trust Fund only following the certification by the Commissioner of the Department of Children's Affairs that a plan of investment has been approved for each agency. The Commissioner of the Department of Children's Affairs shall prescribe the form and format on which each agency receiving appropriated funds herein shall submit a plan of investment of said appropriated funds. The plan of investment shall include, but not be limited to, a minimum of four (4) quality assurance items on which a periodic report, as required by the approved plan of investment, is made and as audited by the Examiners of Public Accounts. Quality assurance items shall include the number of children receiving service, an identifiable measure of success of services provided and a prioritized standard of successful measures for future plans of investment. It is the intent of the Legislature that the Commissioner of the Department of Children's Affairs shall be responsible for providing a standard of measurement by which a clear determination can be made through operational reporting and audit reporting of a measurable success of funds appropriated and invested from the Children First Trust Fund; insure funds appropriated herein are invested in viable programs; insure and promote the leverage of appropriated funds herein in every possible manner and coordinated in all possible ways the investment of funds by each service provider to insure that no unproductive expenditures or duplication occurs. The Commissioner of the Department of Children's Affairs shall notify legislators representing the area where a grant from the Children First Trust Fund is designated. The notification shall occur ten days before the funds reach the recipient agency.

Section 6. The Commissioner of the Department of Children's Affairs shall report each approved plan of investment to the Joint Interim Legislative Oversight Committee and the Alabama Children's Policy Council. The Commissioner, upon the request of the service agency, may approve an adjusted plan of investment. It is the intent of the Legislature that funds appropriated from the Children First Trust Fund be directed to meet the most immediate needs of children as changing conditions may develop.

Section 7. Section 40-18-140, Code of Alabama 1975, is amended to read as follows:

"§40-18-140

"(a)(1) Each Alabama resident individual income taxpayer desiring to contribute to any of the programs listed in subsection (b) may designate an amount of his or her refund, rounded off in whole dollars, in an appropriate box on the state income tax return form, to be credited to the program.

"(2) All future check-offs, duly enacted by the Legislature subsequent to April 17, 2006, shall be accorded an appropriate box on the state income tax return forms, subject to the terms and conditions prescribed herein, without the requirement that they be added by amendment to this section.

"(b) Contributions received for the following authorized charitable and nonpolitical income tax check-off recipients, less costs of administration to the Department of Revenue not to exceed five percent, shall be distributed and appropriated as provided herein:

"(1) Contributions to the Alabama Aging Program shall be deposited with the State Treasurer into the Alabama Senior Services Trust Fund for preserving, protecting, perpetuating, and enhancing the abilities of aging citizens to remain independent, under the auspices of the Department of Senior Services.

"(2) Contributions to the Arts Development Fund shall be deposited into the General Fund of the State Treasury, to be appropriated to the Council on the Arts and Humanities to fund grants to tax exempt organizations or associations to encourage development of high quality and artistically significant arts activities or cultural facilities in local areas and shall be distributed in accordance with Article 3, commencing with Section 41-9-40, Chapter 9, Title 41.

"(3) Contributions to Alabama Nongame Wildlife Program shall be deposited in the Alabama Nongame Wildlife Fund in the State Treasury to the credit of the Game and Fish Fund to be used exclusively for purposes of preserving, protecting, perpetuating, and enhancing nongame wildlife in this state. Nothing contained herein shall be construed to give any rights of condemnation to the Department of Conservation and Natural Resources.

"(4) Contributions to the Children's Trust Fund shall be deposited with the State Treasurer into the State Child Abuse and Neglect Prevention Board Operations Fund, as provided for under Section 26-16-30.

"(5) Contributions to the Alabama Veterans' Program shall be deposited in the State Treasury to the credit of the Department of Veterans' Affairs to be used exclusively for purposes of providing nursing home and health care for aged and disabled veterans in this state.

"(6) Contributions to the Alabama Indian Children's Scholarship Fund shall be deposited with the State Treasurer for distribution to the Alabama Indian Affairs Commission for educational scholarships.

"(7) Contributions to the Penny Trust Fund shall be deposited with the State Treasurer for distribution according to Section 41-15A-2.

"(8) Contributions to the Foster Care Trust Fund, established under Sections 38-10-50 and 38-10-51, shall be deposited with the State Treasurer to be continuously appropriated to the Department of Human Resources to assist all children in temporary or permanent custody in foster care.

"(9) Contributions designated for mental health on the Alabama state resident individual income tax return shall be deposited with the State Treasurer and shall be distributed equally to the Alliance for the Mentally Ill of Alabama and to the Mental Health Consumers of Alabama.

"(10) Contributions to the Alabama Breast and Cervical Cancer Research Program shall be deposited with the State Treasurer and distributed to the University of Alabama at Birmingham, which shall implement and administer the program.

"(11) Contributions to the Neighbors Helping Neighbors Fund shall be deposited with the State Treasurer for distribution by the Department of Economic and Community Affairs for weatherization assistance as provided for under Article 6, commencing with Section 41-23-100, Chapter 23, Title 41.

"(12) Contributions to the Alabama 4-H Club Foundation, Incorporated, shall be deposited with the State Treasurer and distributed to the Alabama 4-H Club Foundation, Incorporated.

"(13) Contributions to the Alabama Organ Center Donor Awareness Fund shall be deposited with the State Treasurer for distribution to the fund.

"(14) Contributions to the Alabama National Guard Foundation, Incorporated, shall be deposited with the State Treasurer for distribution to the fund.

"(15) Contributions to the Cancer Research Institute shall be deposited with the State Treasurer for distribution to the institute.

"(16) Contributions to the Alabama State Historic Preservation Fund shall be deposited with the State Treasurer for distribution to the fund, as provided for in Section 41-9-255.

"(17) Contributions to the Archives Services Fund shall be deposited with the State Treasurer for distribution to the fund as provided for in Section 41-6-76.

"(18) Contributions to the Alabama Firefighters Annuity and Benefit Fund shall be deposited with the State Treasurer for distribution to the fund.

"(19) Contributions to VOCAL's Victims of Violence Assistance shall be deposited with the State Treasurer for distribution to Victims of Crime and Leniency, Inc. (VOCAL).

"(20) Contributions, beginning in the 2015 tax year, to the Children First Trust Fund shall be deposited with the State Treasurer for distribution to the trust fund.

"(c) In the event that three years after adoption, a check-off authorized under subsection (b) or subdivision (2) of subsection (a) fails to achieve average annual gross contributions of seven thousand five hundred dollars ($7,500) for a subsequent three-year period, its name will be dropped from the state income tax return forms for the succeeding tax year and its original authorization shall be effectively repealed."

Section 8. Should any provision of this act be held invalid, the invalidity thereof shall not affect the remaining provisions of the act.

Section 9. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Children First Trust Fund

Tobacco Settlement

Governor

Finance Department

General Fund

Children

Alcoholic Beverage Control Board

Children's Trust Fund

Forensic Sciences Department

Human Resources Department

Juvenile Probation Services Fund

Medicaid Agency

Mental Health Department

Multiple Needs Children's Fund

Health Department

Rehabilitation Services Department

Youth Services Department

Children's Affairs Department

Twenty-First Century Debt Service

Senior Services Trust Fund

Medicaid Waiver Services Program

Examiners of Public Accounts Department

Children's Policy Council

Senior Services Department

Alabama Network of Children's Advocacy Centers, Inc.

Appropriations