Title 41 — Title 41
0 chapters · 1,981 sections in this title.
Ala. Code § 41-10-351 Definitions
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The following terms hereafter used in this article shall have the following respective meanings: (1) AUTHORITY. The public corporation organized pursuant to the provisions of this article. (2) BONDS. The bonds issued under the provisions of this article. (3) COMMISSIONER. The Com…
Ala. Code § 41-10-352 Authority for Incorporation of Alabama Mental Health Finance Authority;
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Members. The Governor, the commissioner, the Director of Finance, the chair of the oversight committee, and the vice-chair of the oversight committee may become a public corporation with the powers hereinafter provided, by proceeding according to the provisions of Section 41-10-3…
Ala. Code § 41-10-353 Application for Authority to Incorporate
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To become a corporation, the Governor, the commissioner, the Director of Finance, the chair of the oversight committee, and the vice-chair of the oversight committee shall present to the Secretary of State of Alabama an application signed by them which shall set forth: (1) the na…
Ala. Code § 41-10-354 Certificate of Incorporation; No Fee or Compensation to Secretary of
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State. When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a public corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation und…
Ala. Code § 41-10-355 Members of Authority; Officers; Payment of Bonds of Authority; Quorum;
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Vacancies; Compensation; Record of Proceedings and Use Thereof as Evidence; Meetings. The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the commiss…
Ala. Code § 41-10-356 Powers of Authority
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The authority shall have the following powers among others specified in this article: (1) To have succession by its corporate name until dissolved as provided in this article; (2) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdictio…
Ala. Code § 41-10-357 Authorization to Issue Bonds; Limitation on Use of Proceeds
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For the purpose of acquiring, constructing, installing, and equipping mental health facilities, the authority is hereby authorized to issue and sell from time to time its bonds, which bonds may be in the form of interest-bearing bonds or noninterest- bearing bonds. The aggregate …
Ala. Code § 41-10-358 Form, Terms, Denominations, Etc., of Bonds; Limitation on Maturity
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Date, Redemption. The bonds, which may be issued in one or more series, shall be in such forms and denominations and of such tenor and maturities, shall, if issued as interest-bearing bonds, bear such rate or rates of interest payable and evidenced in such manner, shall be payabl…
Ala. Code § 41-10-359 Execution and Delivery of Bonds; Designation of Bonds for Community
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Facilities. The bonds shall be signed by the president of the authority and attested by its secretary; provided, that a facsimile of the signatures of both of said officers may be printed or otherwise reproduced on any of the bonds in lieu of their being manually signed if the pr…
Ala. Code § 41-10-36 Definitions
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Unless the context requires otherwise, the terms defined in this section shall have the following meanings for purposes of this division: (1) AFFECTED BOND. Any obligation or portion thereof which is required under the terms of the code to receive an allocation of the state ceili…
Ala. Code § 41-10-360 Sale of Bonds at Public Auction; Rejection of Bids; Notice of Sale;
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Terms and Conditions of Sale; Expenses, Fees, Etc.; Recital That Bonds Issued Pursuant to Article. Each series of the bonds shall be sold at such time or times as the directors may determine at public sale pursuant to competitive bidding, either on sealed bids or at public auctio…
Ala. Code § 41-10-361 Liability Upon Bonds of Authority; Authorization of Authority to Pledge
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for Payment of Principal and Interest of Bonds; Bonds Deemed Negotiable Instruments. The bonds shall not be general obligations of the authority but shall be payable solely out of the funds appropriated and pledged therefor in Section 41-10-365 of this article. As security for th…
Ala. Code § 41-10-362 Exemption from Taxation of Bonds and Income of Authority; Use of
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Bonds as Security for Deposits of State Funds; Investment of Trust Funds in Bonds. The bonds and the income therefrom shall be exempt from all taxation in the state. Any of the bonds may be used by the holder thereof as security for the deposit of any funds belonging to the state…
Ala. Code § 41-10-363 Refunding Bonds; Proceeds of Sale of Refunding Bonds
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Any bonds issued by the authority under this article may from time to time thereafter be refunded by the issuance of refunding bonds of the authority. Any such refunding bonds may be issued whether the bonds to be refunded shall have then matured or shall thereafter mature, and s…
Ala. Code § 41-10-364 Proceeds of Bonds, Other Than Refunding Bonds; Special Fund to Pay
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Costs of Acquisition, Construction, Etc., of Mental Health Facilities; Such Work Supervised by Division of Construction Management of the Department of Finance; Such Work Subject to Competitive Bidding; Disposition of Moneys Remaining. The proceeds of the bonds, other than refund…
Ala. Code § 41-10-365 Sinking Fund for Payment of Principal and Interest on Bonds of
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Authority. For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on any bonds issued by it under the provisions of this article and to accomplish the objects of this article, there are hereby irrevocably ple…
Ala. Code § 41-10-366 Contracts, Etc., Do Not Create Obligations of State
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All contracts made, obligations incurred, and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not create obligations or debts of the state. History: (Acts 1988, No. 88-475, p. 739, §17.)
Ala. Code § 41-10-367 Investment of Surplus Proceeds from Sale of Bonds; Disbursement of
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Income Derived from Such Investments. Any portion of the principal proceeds derived from the sale of the bonds which the board of directors may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, b…
Ala. Code § 41-10-368 Authority Is Nonprofit Corporation
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The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private entity. History: (Acts 1988, No. 88-475, p. 739, §19.)
Ala. Code § 41-10-369 Dissolution of Authority; Disposition of Property Upon Dissolution of
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Authority. At any time when the bonds and other obligations of the authority have been paid in full, the authority may be dissolved upon the filing with the Secretary of State of a written statement for dissolution, reciting payment in full of all bonds and other obligations of t…
Ala. Code § 41-10-37 Allocation Procedure
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Allocations of the state ceiling shall be granted by the authority in response to applications filed with the authority by any issuer in the following manner: (1) Each application shall be made by an instrument in writing signed by an officer or agent of the issuer and shall cont…
Ala. Code § 41-10-370 Payment of Principal and Interest on Bonds and Maintenance of
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Records Pertaining Thereto by State Treasurer. Out of the revenues appropriated and pledged in Section 41-10-365 of this article, the State Treasurer is authorized and directed to pay the principal of and interest on the bonds at the respective maturities of the said principal an…
Ala. Code § 41-10-371 Power of Authority to Pay and Make Agreements with the United States
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to Exempt Interest of Bonds from Federal Income Tax. The authority shall have the power to make such payments to the United States as the directors deem necessary to cause the interest on any bonds of the authority to be and remain exempt from federal income taxation. The authori…
Ala. Code § 41-10-38 Allocation Formulae
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(a) The state ceiling for calendar year 1989 and thereafter is hereby allocated in its entirety to the state, and no other governmental unit, issuer, or other entity of any type shall have or utilize any portion of the state ceiling for such year except in accordance with this di…
Ala. Code § 41-10-39 Carryforward Allocation Procedure
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Applications for carryforward allocations may be submitted to the authority on or after December 1 of each calendar year. The authority shall grant such carryforward allocations in its sole discretion, giving due regard to the likelihood of the use of the remaining state ceiling …
Ala. Code § 41-10-390 Short Title
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This article shall be known as the Alabama Supercomputer Authority Act. History: (Acts 1989, No. 89-704, p. 1402, §1.)
Ala. Code § 41-10-391 Legislative Findings of Fact and Declaration of Intent; Construction of
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Article. The Legislature hereby makes the following findings of fact and declares its intent to be: Supercomputer technology is expected to have a significant impact on the research capabilities of research institutions, governmental agencies, and private industries. The police p…
Ala. Code § 41-10-392 Authorization and Procedure for Incorporation Generally
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The Governor, the Director of Finance, the Secretary of the Alabama Department of Commerce, the Lieutenant Governor, and the Speaker of the House may become a public corporation with the powers and authorities hereinafter provided, by proceeding according to the provisions of thi…
Ala. Code § 41-10-393 Filing of Application for Incorporation with Secretary of State; Contents
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and Execution Thereof; Filing and Recordation of Application by Secretary of State. To become a public corporation, the Governor, the Director of Finance, the Secretary of the Alabama Department of Commerce, the Lieutenant Governor, and the Speaker of the House, shall present to …
Ala. Code § 41-10-394 Issuance and Recordation of Certificate of Incorporation by Secretary of
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State; Secretary of State to Receive No Fees in Connection with Incorporation, Dissolution, Etc., of Authority. When the application has been made, filed and recorded as provided in the preceding section, the Secretary of State shall make and issue to the applicants a certificate…
Ala. Code § 41-10-395 Board of Directors; Composition; Actions of the Authority; Record of
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Proceedings. (a) The authority shall be governed by a board of directors, constituted as provided for in this section. All powers of the authority shall be exercised by the board or pursuant to its authorization. The directors shall elect officers of the board. The presence of a …
Ala. Code § 41-10-396 Powers of Authority Generally
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The authority shall have the following powers among others specified in this article: (1) To have succession by its corporate names until dissolved as provided in this article; (2) To institute legal proceedings in any court of competent jurisdiction to enforce its contractual, s…
Ala. Code § 41-10-397 Employment of a Chief Executive Officer and Staff
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The authority may employ a chief executive officer who shall serve at the pleasure of the board of directors of the authority. The chief executive officer shall perform such duties as may be assigned to him or her by the authority and such duties as are required of him or her by …
Ala. Code § 41-10-398 Authority to Have No Proprietary Interest in Intellectual Property
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The authority and its employees shall have no proprietary interest or property right in any product, process, idea, concept, or procedure subject to protection under a copyright, patent, or trade secret law, which was developed, invented or discovered through the utilization of i…
Ala. Code § 41-10-399 Confidentiality of Data; Inapplicability of Public Record Laws; Use of
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Data by Authority; Requirements for Contractual Agreements for Supercomputer Services. (a) The privacy, security, and confidentiality of data collected, stored, processed, or disseminated by the supercomputer system under the provisions of this article are the responsibility of t…
Ala. Code § 41-10-40 Duty of Fairness and Impartiality in Granting Allocations
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Anything contained in this division to the contrary notwithstanding, the authority shall have a duty to administer the state ceiling allocation program created in this division fairly and impartially. In making any decision entrusted to its discretion, including particularly the …
Ala. Code § 41-10-400 Establishment of the “Supercomputer System Fund.”
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There is hereby established in the State Treasury a special fund to be known as the “Supercomputer System Fund”, which shall be used exclusively for the operation of the authority. All fees, charges, grants, gifts, appropriations, or other moneys received by the authority from an…
Ala. Code § 41-10-401 Exemption from Taxation of Properties, Income, Etc., of Authority
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The properties of the authority and the income therefrom, all lease agreements made by the authority and all lien notices, mortgages, assignments, and financing statements filed with respect thereto shall be forever exempt from any and all taxation of the State of Alabama. Histor…
Ala. Code § 41-10-402 Liability Upon Contracts, Obligations, Etc., of Authority
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All contracts made and obligations incurred by the authority shall be solely and exclusively obligations of the authority and shall not create debts of the State of Alabama. History: (Acts 1989, No. 89-704, p. 1402, §13.)
Ala. Code § 41-10-403 Operation of Authority as Nonprofit Corporation
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The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private person or entity. History: (Acts 1989, No. 89-704, p. 1402, §14.)
Ala. Code § 41-10-404 Transfer of Certain Assets to Authority
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Upon issuance of the certificate of incorporation, any unencumbered funds appropriated to the Department of Finance, Division of Data Systems Management, for capital outlay and operation and maintenance of the supercomputer system, are hereby transferred to the Supercomputer Syst…
Ala. Code § 41-10-405 Duplication of Services to Be Avoided
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The authority shall not duplicate the services provided to agencies, departments, boards, bureaus, commissions, and institutions of the State of Alabama by the Alabama Department of Finance. All telecommunications services used by the authority must have prior approval of the Dat…
Ala. Code § 41-10-406 Dissolution of Authority; Title to Property of Authority to Rest in State
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Upon Dissolution of Authority. At any time when the incorporators named in Section 41-10-393 determine that the services provided by the authority are no longer of benefit to the entities served by the authority and that all obligations of the authority have been paid in full, th…
Ala. Code § 41-10-41 Forms, Regulations, and Interpretations; Employment of Attorneys,
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Agents, Etc. The authority may do all other things necessary or desirable to carry out the purpose of this division, including the establishment of fees to be paid with each application. The authority is hereby empowered to adopt and promulgate such rules, policies, regulations, …
Ala. Code § 41-10-42 Designation of Official for Certifications
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The president of the authority is hereby designated as the state official authorized to make certifications required by Section 149(e)(2)(F) of the code. History: (Acts 1988, 1st Ex. Sess., No. 88-870, p. 382, §9.)
Ala. Code § 41-10-420 Legislative Intent
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The Legislature finds that the Real Estate Commission has acquired certain real property in Montgomery, Alabama, title to which is in the name of the State of Alabama, for the purpose of erecting a building to house the offices of the Real Estate Commission. The Real Estate Commi…
Ala. Code § 41-10-421 Real Estate Commission Building Authority Established; Composition;
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Powers. There is hereby established the Real Estate Commission Building Authority composed of the Governor, the Chair of the Real Estate Commission, the Director of the Division of Construction Management of the Department of Finance, the Lieutenant Governor, and the Speaker of t…
Ala. Code § 41-10-422 Commission to Become Public Corporation
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To become a public corporation, the Governor, the Chair of the Real Estate Commission, the Director of the Division of Construction Management of the Department of Finance, the Lieutenant Governor, and the Speaker of the House, shall present to the Secretary of State an applicati…
Ala. Code § 41-10-423 Certificate of Incorporation
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When the application has been made, filed, and recorded as provided in Section 41-10-422, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate wit…
Ala. Code § 41-10-424 Board of Directors
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(a) The authority shall be governed by a board of directors, constituted as provided for in this section. All powers of the authority shall be exercised by said board or pursuant to its authorization. The directors shall elect officers of the board. The presence of a majority of …