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HB123 Alabama 2011 Session

Updated Feb 27, 2026
High Interest

Summary

Primary Sponsor
Jay Love
Jay Love
Republican
Session
Regular Session 2011
Title
Education budget, appropriations for the support, maintenance, and development of public education
Summary

HB123 is Alabama's 2012 education budget law that allocates Education Trust Fund money for public schools, higher education, debt service, capital outlay, and a wide range of education programs and initiatives.

What This Bill Does

It sets the total Education Trust Fund (ETF) appropriation for the 2012 fiscal year and distributes funds to public education, higher education, and related agencies for operating costs, debt service, and capital projects. It specifies targeted programs and areas, such as the Foundation Program, At-Risk Student Programs, School Nurses, ESL, and various workforce and teacher development initiatives, while also detailing salary and benefits policies and local budget flexibility. The act allows local boards to shift funds among line items in 2012 (with limits), reappropriates unspent 2011 funds into 2012, and includes provisions on merit pay timing, Rainy DayFund replenishment, and distribution of Sixteenth Section interest to counties. It also assigns specific revenue sources and administrative rules for numerous state institutions and programs tied to education, health, and workforce development.

Who It Affects
  • Students and families in Alabama public schools who benefit from funded programs (e.g., At-Risk supports, ESL, health screenings, and college readiness efforts).
  • Teachers, school districts, and higher education institutions (universities and community colleges) who are affected by budget allocations, salary framework rules, program funding, and the ability to reallocate funds within 2012, as well as requirements for accountability and reporting.
Key Provisions
  • Section 2 and Section 3 establish Education Trust Fund and earmarked fund appropriations for the fiscal year ending September 30, 2012, and outline authorized funds and sources including ETF and federal/local funds.
  • Foundation Program: sets parameters for instructional salaries, fringe benefits, and a salary matrix; restricts annual cost increases to not exceed 1% over the total instructional salary cost; requires local boards to determine expenditures within rules and to provide text book and instructional support funding as specified.
  • Local boards may exercise flexibility among line item expenditures for FY2012, but not at the expense of earned teacher units or support personnel, and must follow federal comparability and supplanting guidelines.
  • Section 4 allocates 50% of the interest income from Sixteenth Section Lands (from FY 1992-2002) to various counties for education, with a detailed county-by-county distribution table.
  • Section 5 adds targeted appropriation for the Alabama Math/Science/Technology Initiative, Foundation Program/Local Boards—Other Current Expense, and Department of Rehabilitation Services, among others.
  • Section 6 allows gifts, grants, and other funds to be appropriated and reappropriated for the purposes they were given, and permits mutual agreements to help cover auditing costs.
  • Section 7 requires state requisitions and warrants to follow the normal process for disbursement of funds.
  • Section 8 allows special accounting for funds received by colleges and universities through appropriations, requiring separate accounts or transparent cash flow tracking.
  • Section 9 requires agencies to transfer specified amounts to the State Personnel Department and to pay for inter-agency services on a timely basis.
  • Section 12 permits FY2012 local boards to shift funds among line items without reducing earned teacher units or support staff.
  • Section 15 addresses merit pay; if merit pay increases are reinstated after December 31, 2011, anniversary dates for employees must be preserved and cannot be moved up to gain earlier pay increases.
  • Section 16 fixes SEIB (State Employee Health Insurance) rates at $765 per month for full-time employees and allows adjustments to maintain that rate.
  • Section 17 provides for possible Rainy Day Fund repayment from any ETF ending balance, directing 50% of any ending ETF balance toward the Rainy Day Account, subject to constitutional provisions and Governor approval.
  • Section 4 also includes a mechanism to repurpose unexpended funds from 2011 to 2012 and to reappropriate funds if Ballot or legal constraints change, ensuring continuity of funding.
  • Disaster-related provisions (Horizon/BP) provide supplemental disaster mitigation funding to Mobile and Baldwin counties to offset loss of local education funds, with repayment requirements if BP funds become available.
  • The act requires accountability and reporting on workforce development funds, including quarterly reporting to legislative leaders and the Chancellor on program impacts and county-level distribution.
  • A broad set of line-item appropriations to specific universities and state agencies are enumerated, including maintenance, auxiliary enterprises, restricted funds, and program supports, with detailed funding tables.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Education Trust Fund

Bill Text

Votes

Motion to Adopt

April 12, 2011 House Passed
Yes 98
Abstained 1
Absent 5

Motion to Read a Third Time and Pass

April 12, 2011 House Passed
Yes 64
No 36
Absent 4

Finance and Taxation Education first Substitute

May 3, 2011 Senate Passed
Yes 32
Absent 3

Pittman motion to Table Irons Amendment

May 3, 2011 Senate Passed
Yes 22
No 10
Absent 3

Love motion to Non Concur and Appoint Conference Committee

May 4, 2011 House Passed
Yes 98
Absent 6

Love Motion in Writing Filed

May 24, 2011 House Passed
Yes 62
No 33
Absent 10

Love motion to Nonconcur and Appoint new Conference Committee

May 24, 2011 House Passed
Yes 102
Absent 3

Marsh motion to Accede New Comm. on Conferenceadopted Roll Call 677 P&PO appoints Pittman, Orr and Sanders.

May 24, 2011 Senate Passed
Yes 30
Absent 5

Rules Petition to Cease Debate

May 24, 2011 Senate Passed
Yes 21
No 9
Absent 5

Love motion to Concur In and Adopt

May 24, 2011 House Passed
Yes 67
No 31
Absent 7

Rules Petition to Cease Debate

May 25, 2011 Senate Passed
Yes 20
No 3
Absent 12

Pittman motion to Concur In and Adopt

May 25, 2011 Senate Passed
Yes 19
No 6
Absent 10

Love motion to Non Concur

June 9, 2011 House Passed
Yes 95
No 1
Abstained 1
Absent 8

House of Origin again passes bill, Governor's objections to the contrary notwithstanding

June 9, 2011 House Passed
Yes 78
No 21
Absent 6

Rules Petition to Cease Debate

June 9, 2011 Senate Passed
Yes 21
No 10
Absent 4

Motion to Read a Third Time, Veto to the Contrary Not Withstanding

June 9, 2011 Senate Passed
Yes 22
No 9
Absent 4

Documents

Source: Alabama Legislature