Section 41-10-390 – Short Title.
Section 41-10-390 Short title. This article shall be known as the Alabama Supercomputer Authority Act. (Acts 1989, No. 89-704, p. 1402, §1.)
Section 41-10-391 – Legislative Findings of Fact and Declaration of Intent; Construction of Article.
Section 41-10-391 Legislative findings of fact and declaration of intent; construction of 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 power of the state […]
Section 41-10-392 – Authorization and Procedure for Incorporation Generally.
Section 41-10-392 Authorization and procedure for incorporation generally. 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 this article. (Acts 1989, No. […]
Section 41-10-393 – Filing of Application for Incorporation With Secretary of State; Contents and Execution Thereof; Filing and Recordation of Application by Secretary of State.
Section 41-10-393 Filing of application for incorporation with Secretary of State; contents 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 […]
Section 41-10-394 – Issuance and Recordation of Certificate of Incorporation by Secretary of State; Secretary of State to Receive No Fees in Connection With Incorporation, Dissolution, etc., of Authority.
Section 41-10-394 Issuance and recordation of certificate of incorporation by Secretary of 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 […]
Section 41-10-395 – Board of Directors; Composition; Actions of the Authority; Record of Proceedings.
Section 41-10-395 Board of directors; composition; actions of the authority; record of 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. […]
Section 41-10-396 – Powers of Authority Generally.
Section 41-10-396 Powers of authority generally. 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, statutory and other rights; provided that […]
Section 41-10-397 – Employment of a Chief Executive Officer and Staff.
Section 41-10-397 Employment of a chief executive officer and staff. 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 […]
Section 41-10-398 – Authority to Have No Proprietary Interest in Intellectual Property.
Section 41-10-398 Authority to have no proprietary interest in intellectual property. 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 its supercomputer […]
Section 41-10-399 – Confidentiality of Data; Inapplicability of Public Record Laws; Use of Data by Authority; Requirements for Contractual Agreements for Supercomputer Services.
Section 41-10-399 Confidentiality of data; inapplicability of public record laws; use of 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 the person, organization or entity collecting, […]
Section 41-10-400 – Establishment of the “Supercomputer System fund.”
Section 41-10-400 Establishment of the “Supercomputer System Fund.” 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 any source whatsoever […]
Section 41-10-401 – Exemption From Taxation of Properties, Income, etc., of Authority.
Section 41-10-401 Exemption from taxation of properties, income, etc., of authority. 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. (Acts […]
Section 41-10-402 – Liability Upon Contracts, Obligations, etc., of Authority.
Section 41-10-402 Liability upon contracts, obligations, etc., of authority. 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. (Acts 1989, No. 89-704, p. 1402, §13.)
Section 41-10-403 – Operation of Authority as Nonprofit Corporation.
Section 41-10-403 Operation of authority as nonprofit corporation. 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. (Acts 1989, No. 89-704, p. 1402, §14.)
Section 41-10-404 – Transfer of Certain Assets to Authority.
Section 41-10-404 Transfer of certain assets to authority. 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 System Fund to be expended in accordance with the […]
Section 41-10-405 – Duplication of Services to Be Avoided.
Section 41-10-405 Duplication of services to be avoided. 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 Data Systems Management Division, Department of Finance, […]
Section 41-10-406 – Dissolution of Authority; Title to Property of Authority to Rest in State Upon Dissolution of Authority.
Section 41-10-406 Dissolution of authority; title to property of authority to rest in state 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 […]