SB375

By Senator Orr

ENROLLED, An Act,

To provide flexibility for state entities to utilize state revenue for other purposes which are in addition to the stated purpose under current state law.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Definition.

State tax receipt. Any tax, fee, license or other source of revenue received by a state entity pursuant to statute, rule or any other means.

This provision shall in no way include specific appropriations from the State General Fund and the Education Trust Fund.

Section 2. Any other law or laws to the contrary notwithstanding, a state entity which receives state tax receipts which are designated for a particular purpose may in addition to the designated purpose expend those funds for other functions within the entity in order to offset the reduction in other funding for any given year. The flexibility provided by this section shall not apply to funds which are constitutionally dedicated for a specific purpose or to Medicaid provider taxes from hospitals, nursing homes and pharmacies and Medicaid intergovernmental transfers from public hospitals and public nursing homes, or to funds otherwise designated by the federal government or State or Federal court order or to portions of a state-levied tax that are distributed directly to counties.

Section 3. Notwithstanding any other provision of the law to the contrary, in no instance shall the provisions of this bill induce an automatic increase in any fees to replenish a fund. No such fund requiring such automatic increase shall be depleted under the provisions of this bill.

Section 4. Each state entity shall be responsible for ensuring compliance with the provisions of Section 2.

Section 5. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 6. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Taxation

Revenue Department

State Agencies

State Government