Code of Alabama

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16-13-4
Section 16-13-4 Diversion of funds; payment of debt obligations. (a) It shall be unlawful for
any official in the State of Alabama having the custody of, or in any manner connected with
the handling or having the authority to direct the use of any of the public school funds arising
under the provisions of Sections 257, 258, 259 and 260 of the Constitution of Alabama to knowingly
or intentionally divert or permit to be diverted or to use or permit the use of these funds
or any part thereof for any purpose whatsoever except for the uses and purposes as set out
in these sections of the constitution, and such official violating this section shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), and the Attorney General may also institute impeachment
proceedings against such official. (b) Nothing contained in this section shall be so construed
as to affect any appropriation heretofore made...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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16-16-14
Section 16-16-14 Use of bond proceeds for loans to local boards of education. The proceeds
derived from the sale of any bonds issued pursuant to subsection (b) of Section 3 of Act 98-373
shall be deposited in the State Treasury and shall be carried in a separate fund therein for
the account of the authority, which shall pay therefrom the expenses of issuance thereof.
The proceeds from the sale of the bonds remaining after payment of the expenses of issuance
thereof shall be retained in such fund and, until they are paid out, shall be invested by
the State Treasurer at the direction of the authority in permitted investments which mature
at such time or times as the authority shall direct. Monies in the fund (whether original
proceeds from the sale of the bonds or principal proceeds of matured permitted investments)
shall be available for loan by the authority. The authority is hereby authorized to loan,
and each local board of education is hereby authorized to borrow, such monies under...
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40-23-35
Section 40-23-35 Disposition of revenues from tax. (a) Such amount of money as shall be appropriated
for each fiscal year by the Legislature to the Department of Revenue with which to pay the
salaries, the cost of operation and management of the department shall be deducted, as a first
charge thereon, from the taxes collected under the provisions of this division; provided,
that the expenditure of the sum so appropriated shall be budgeted and allotted pursuant to
Article 4 of Chapter 4 of Title 41, and limited to the amount appropriated to defray the expenses
of operating the department for each fiscal year. After the payment of the expenses, so much
of the amount remaining as may be necessary, after first applying all sums of money received
by reason of the application of the surplus in the income tax as provided by Section 40-18-58,
for the replacement in the public school fund of the three-mill constitutional levy for schools
and in the General Fund of the one-mill levy for...
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16-1-40
Section 16-1-40 Education Trust Fund proration relief. (a) During fiscal year 2009 and any
fiscal year in which proration is declared by the Governor in an amount equal to or greater
than three percent, local boards of education, with the recommendation of the local superintendent,
may transfer Education Trust Fund line item appropriations including the Public School Fund,
except Public School Fund monies dedicated to a specific capital outlay project or debt service
and except for Alabama Public School and College Authority funds which are allocated for a
specific capital outlay project, between and among appropriated line item categories. No state
funds shall be transferred from funds appropriated for salaries, fringe benefits, or student
materials allocations. (b) Prior to any implementation of the flexibility provisions of this
section, the local board of education shall produce a plan indicating the source and amount
to be transferred from each line item and show that the transfer...
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41-16-78
Section 41-16-78 Exceptions. (a) This article shall not apply to any entity that does not receive
state funds. (b) This article shall also not apply to direct health care services provided
by the Alabama Department of Public Health. (c) This article shall not apply to any county
or municipality, or any board, public corporation, authority, public utility district, or
other entity created by any county or municipality, or to the Alabama Municipal Electric Authority
created pursuant to the provisions of Section 11-50A-1, et seq., nor shall it apply to any
local school board, the State Department of Education, or other entity covered under Section
41-16-50, et seq., except as herein provided for future support of computer technology or
any educational and eleemosynary institutions governed by a board of trustees or other similar
governing body, nor shall it apply to any statewide non-profit water and wastewater utility
association. (d) This article shall not apply to any state authority,...
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16-13-300
Section 16-13-300 Legislative intent; construction. (a) It is the intention of the Legislature
by the adoption of this article to authorize each county board of education and each city
board of education in the State of Alabama to issue and sell, at public or private sale, upon
the prior written approval of the State Superintendent of Education, warrants payable from,
and secured by a pledge of, revenues of such board which are lawfully available and are designated
by the board therefor, for educational and public school purposes, including, without limitation,
payment of the costs of public school facilities and the refunding of valid indebtedness of
such board, regardless of whether such indebtedness was incurred under this article or under
other provisions of law and regardless of whether such indebtedness is a direct or indirect
obligation of such board and to authorize counties and municipalities to provide financial
and other assistance to boards of education within the...
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16-39-6
Section 16-39-6 School board plans. During the fifth year of implementation of the incremental
five-year plan referred to above, each school board shall submit a long-range plan for providing
appropriate instruction and special services for exceptional children and shall submit said
long-range plan to the State Board of Education for its review and approval or disapproval.
Such plan, unless thereafter modified with approval of the State Board of Education, shall
be adhered to by the school board. Said long-range plans, and all modifications thereof, shall
be resubmitted to the State Board of Education for its review and approval or disapproval
at such intervals as may be established by the said state board in regulations, but not in
any event less often than once every seven years or more often than once every two years.
Disapproval of a plan or any amendments thereto shall be only because of failure of the plan
to meet minimum standards set out in regulations of the state board...
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16-26B-3
Section 16-26B-3 Funded; board of trustees; exemptions from required curriculum. (a) There
is created the Alabama School of Fine Arts, which shall be a residential and commuter institution
located in the City of Birmingham, Jefferson County. The school shall be funded by legislative
appropriations and by grants, donations, and funds from other sources, including the public
and private sector. (b) The school shall be governed by a board of trustees as provided in
Section 16-26B-4. (c) The administration and faculty of the school may identify certain talented
and gifted students whose career interests lie in the arts and with appropriate counseling
may enter into a contract with the student, his or her parents, or his or her guardian to
allow the student to be exempted from up to three Carnegie units of study from the state's
required curriculum for high school graduation. Upon approval of the exemption by the school,
notice of the exemption shall be filed with the State Department of...
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40-17-371
Section 40-17-371 Cost of collection; distribution of tax proceeds. (a) The Alabama Department
of Revenue shall retain one-quarter of one percent (0.25%) of the tax proceeds, less any refunds,
from this additional excise tax on gasoline and diesel fuel for its cost of collection. The
department may adopt rules and such forms as may be necessary for the administration of the
excise tax provided for in this article. (b) Each month, prior to the remaining payments provided
in this article, up to $750,000 of the tax proceeds from the additional excise tax on gasoline
and up to $230,000 of the tax proceeds from the additional excise tax on diesel fuel shall
be distributed first to the Alabama Highway Finance Corporation for the payment of the principal
of and interest on bonds to be issued by it to finance improvements to the ship channel providing
access to the facilities of the Alabama State Docks, to the extent necessary for such purpose.
The amount distributed pursuant to this section...
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