§ 27-72-320 - Advance transfers to county highway funds.
               	 		
27-72-320.    Advance transfers to county highway funds.
    (a)    (1)  Advance  transfers may be made to each of the several county highway funds from  time to time during the fiscal year in amounts as may be requested by  the several county courts and approved by the Chief Fiscal Officer of  the State.
      (2)  The purpose of  advance transfers as herein provided includes, but is not limited to,  establishing a more consistent monthly revenue accruing to each of the  several county highway funds when combining county highway aid with all  other sources of county highway fund revenues and providing advance  transfers for the purchase of capital equipment and materials utilized  in county road construction and maintenance.
      (3)  However,  the aggregate total amount of all transfers to each of the several  respective county highway funds during any calendar quarter shall not  exceed twenty-five percent (25%) of the estimated total amount of county  highway aid funds to be credited to the respective fund for the current  fiscal year, based on the then-current official estimate of county  highway fund distribution.
      (4)  In  the event no advance transfer to the respective county highway funds is  required by a respective county court, the county court shall be  permitted to designate the dollar amounts and sequence of payments made  to the respective county from the funds apportioned through the  provisions of the State Apportionment Fund.
(b)    (1)  The  full amount of all advance transfers made during any fiscal year under  subsection (a) of this section shall be repaid during the same fiscal  year by transferring moneys in equal payments to the County Road  Construction and Maintenance Revolving Fund from moneys designated as  county highway aid funds for each respective county receiving advance  transfers. Should any condition of circumstance arise wherein the  unencumbered cash balance in each respective county highway aid fund  account maintained by the Treasurer of State at the end of the fiscal  year is insufficient to repay the full amount of the balance owing the  Road Revolving Fund, then the entire unencumbered cash balance in each  respective county highway fund account shall be transferred to the Road  Revolving Fund. The balance of any amounts then owing the Revolving Fund  by a respective county shall be repaid from the first moneys thereafter  credited to that county as county highway aid funds from the State  Apportionment Fund. There shall be no exception to this mandate.
      (2)  For  purposes of subsection (a) of this section, the term "unencumbered cash  balance" means the respective fund account balance of each of the  several counties as reflected by the Treasurer of State's records, less  the amount of all warrants legally chargeable to such accounts which  are, at the time, outstanding and unpaid.
(c)  The  interfund transfers authorized to be made under subsection (a) of this  section shall be made by the Treasurer of State upon certification of  the Chief Fiscal Officer of the State at the request of each of the  several county courts.
(d)    (1)  Advance  transfers pursuant to subsection (a) of this section may be made to  each of the several counties as may be requested by the several county  courts and approved by the Chief Fiscal Officer of the State.
      (2)  Advance  transfer requests shall be duly recorded as county court orders in each  of the respective counties requesting advance transfers and shall be  filed in a manner and form prescribed by the Chief Fiscal Officer of the  State.
      (3)  Advance transfer  requests may be filed only during the thirty-day period next succeeding  the date of delivery of the tax books to the county collector, the  beginning of a state fiscal year, and the third Monday in November of  each year.
      (4)  The court order  shall include a certification by the county court that the official  revenue estimate as provided for in    27-72-318 has been duly filed and  recorded.
      (5)  For each calendar  year, it shall be the duty of the county court of each of the several  counties requesting advance transfers under the provisions of subsection  (a) of this section to prepare and file annual statements setting forth  therein an estimate of the total amount of county highway revenues and  general fund revenues anticipated to accrue to each respective fund  during the then-current calendar year or any part thereof.
      (6)  These  statements shall be designated and known as the official estimates of  county general and county highway fund accrual, and a copy shall be  recorded with the county clerk.
      (7)  In  addition to the estimates of the total revenue amounts anticipated to  accrue to each respective fund, the county court shall incorporate in  each official estimate a listing of all revenue sources and the dollar  amounts anticipated to accrue from each source by month of the calendar  year.
      (8)  The listing of revenue  sources shall include, but not be limited to, ad valorem tax revenues,  collector's commissions, treasurer's commissions, assessor's fund, fees,  court fines and costs, state aid, and federal revenue-sharing.
      (9)  Monthly  estimates shall be based on an analysis of the three (3) annual  calendar year periods next preceding the current calendar year period.