THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) There is hereby created the Department of Youth Services Capital Improvement Trust Fund and the Youth Services Capital Improvement Trust Fund Income Account as separate funds in the state treasury. Any unexpended or unencumbered balances in the funds shall not revert at the end of each fiscal year, but shall remain in the funds and may be carried over into each succeeding fiscal year. Any income earned on the trust income account shall accrue to the fund. The funds shall be administered by the State Treasurer, which shall be entitled to a reasonable fee for the administration. All investments shall be made pursuant to the same authority and restrictions that apply to the investment of State funds.

(b) Funding to the Department of Youth Services Capital Improvement Trust Fund shall consist of funds resulting from the sale, lease or ownership of the department's lands. Upon approval of a majority of the membership of the Board of Youth Services, funds which the department receives after October 1, 2003, from private gifts, bequests, and donations shall also be deposited to the Youth Services Capital Improvement Trust Fund. All such trust capital received shall be held in the fund in perpetual trust and shall not be subject to legislative appropriation or otherwise expended. Trust income, including accrued interest and dividends, shall be retained in the fund and shall not be subject to appropriation until the fiscal year following the fiscal year in which the State Treasurer certifies that there is a balance equal to or exceeding one million dollars ($1,000,000) in the fund. Beginning with the fiscal year following the fiscal year in which that certification is made, and each year thereafter, the Legislature shall appropriate to the Department of Youth Services an amount up to the amount of trust income received by the fund during the preceding fiscal year. The State Treasurer may transfer from the Youth Services Capital Improvement Trust Fund Income Account to the Department of Youth Services, amounts appropriated by the Legislature. All trust income subject to appropriation in a fiscal year which is not appropriated may be appropriated to the Department of Youth Services for any subsequent fiscal year. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not supplant or decrease existing state or local support for the Department of Youth Services. No trust income shall be withdrawn or expended from the fund for any purpose unless the funds have been appropriated by the Legislature and any sums so appropriated shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. Appropriations from the trust fund income account shall be to the Department of Youth Services, to be expended solely for capital outlay projects or capital improvement purposes authorized by the Alabama Youth Services Board, unless the Board, by a vote of at least two-thirds of the membership, authorizes expenditure of those funds for other purposes. It is further provided that contracts let with funds available to the Department under the provisions of this article shall be with vendors that reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. A report shall be made annually to the Legislature detailing the extent to which this provision has been implemented.

(Act 2003-334, p. 840, §3.)