Section 41-23-9 - (Effective January 1, 2023; repealed by Act 2022-133,§6(e), effective January 1, 2027) Local Government Pistol Permit Revenue Loss Fund(a) There is created in the State Treasury a fund to be known as the Sheriffs' Advancement in Education, Technology, and Training Fund, into which there is automatically appropriated five million dollars ($5,000,000) annually or so much as necessary to maintain a balance of two million dollars ($2,000,000) in the fund, at the beginning of each fiscal year for the five fiscal years beginning October 1, 2023. The fund shall consist of both of the following: (1) All appropriations made to the fund.(2) Any gifts, grants, or donations made to the fund from any source.(b) The Alabama Department of Economic and Community Affairs shall use and expend the fund pursuant to subsection (c). Any necessary expenses of the department in implementing this section shall also be paid out of the fund.(c)(1) The Alabama Department of Economic and Community Affairs may make quarterly grants to any county in which the sheriff has provided the required reports as set out in the Minimum Accounting Requirements for the Office of Sheriff established by the Department of Examiners of Public Accounts, specifically regarding the number of pistol permits purchased in that county and the revenue received from pistol permit fees issued pursuant to Section 13A-11-75, for fiscal years 2022 and 2023. Any reports that are required by this act and delinquent on the effective date of this act shall be accepted as timely if delivered within 90 days of the effective date of this act. Any grants awarded to a county pursuant to this subsection may not exceed the amount of revenue received from pistol permit fees by that county in fiscal year 2021, as indicated within the reports to the Department of Examiners of Public Accounts. Any amounts exceeding these revenues shall be remitted back to the Sheriffs' Advancement in Education, Technology, and Training Fund at the end of each fiscal year. Monies shall be used by a county only for the same purposes for which pistol permit fees were authorized to be expended within that county on December 31, 2022.(2) The Department of Economic and Community Affairs shall make grants under this subsection only to an office of sheriff that, at time of submission of a report to the Department of Examiners of Public Accounts pursuant to subdivision (1), has certified in writing that each pistol permit issued by that office of sheriff in the preceding quarter was issued only following completion of a background check through the National Instant Criminal Background Check System (NICS) and that the office of sheriff, within the preceding 12 months, has trained each employee, officer, or agent involved in the issuance of pistol permits on how and when to perform a NICS background check.(d) No later than January 15, 2023, and thereafter on a quarterly basis, the Department of Examiners of Public Accounts shall provide all reports referenced in subsection (c) to the Department of Economic and Community Affairs.(e) This section shall be repealed January 1, 2029. At that time, any monies remaining in the fund that are not committed for the purpose of this section shall be transferred to the State General Fund.(f) No monies may be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act, and only for the purposes of Act 2022-133.(g)(1) Each county receiving monies pursuant to subsection (c) shall establish a separate fund in the county treasury for the deposit of grant reimbursement monies.(2) All monies received by a county commission pursuant to this section shall be deposited, within 30 days of receipt, into the fund and shall be allocated in the same manner that pistol permit revenues are allocated by law.(3) A county commission shall not retain any portion of monies received pursuant to this section beyond what is authorized by law.(4) All monies received pursuant to subsection (c) shall be expended at the discretion of the sheriff as authorized by law and pursuant to the limitations of subsection (c).(5) The county commission shall not be responsible for the expenditure of any monies received pursuant to this section.Ala. Code § 41-23-9 (1975)
Amended by Act 2023-504,§ 1, eff. 6/14/2023.Added by Act 2022-133,§ 6, eff. 1/1/2023.