Section 41-10-750 Legislative Findings and Purpose. (a) The Legislature finds and declares the following: (1) In recent years, withdrawals have been made from the Alabama Trust Fund and the General Fund Rainy Day Account of the Alabama Trust Fund for current budgetary purposes. The Constitution and laws of the State of Alabama require repayment of […]
Section 41-10-751 Definitions. When used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (1) ALABAMA TRUST FUND. The trust fund of the state created under Amendment 450 to the Constitution of Alabama of 1901, and appearing as §219.02 of the Official Recompilation of the Constitution of […]
Section 41-10-752 Incorporation of authority authorized; application; filing. (a) To become a public corporation and instrumentality of the state with the powers herein provided, the Governor, the State Treasurer, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Secretary of Labor, and the Finance Director shall present to the […]
Section 41-10-753 Members, officers, and directors. The applicants named in the application and their respective successors in office shall constitute the members of the authority. The president, vice president, and secretary of the authority shall be elected by the members and shall serve for the terms and conditions as the members may establish. The State […]
Section 41-10-754 Powers of the authority. The authority shall have, in addition to all other powers granted to it in this article, all of the following powers: (1) To have succession by its corporate name until dissolved as herein provided. (2) To institute and defend legal proceedings in any court of competent jurisdiction and proper […]
Section 41-10-755 Bonds of the authority. (a) General. The authority is authorized from time to time to sell and issue its bonds for the purpose of providing funds to be transferred to and deposited in the Alabama Trust Fund and the Rainy Day Account, to provide additional funds to the Alabama Medicaid Agency, for paying […]
Section 41-10-756 Refunding bonds. (a) Any bonds issued by the authority may from time to time be refunded by the issuance, sale, or exchange of refunding bonds for the purpose of paying the following items: (1) All or any part of the principal of the bonds to be refunded. (2) Any redemption premium required to […]
Section 41-10-757 Disposition of proceeds of bonds. (a) The authority is authorized and empowered to apply the proceeds of any bonds and any other funds belonging to the authority for any of the following purposes or uses: (1) For the purposes for which the bonds were authorized to be issued, in the following order: a. […]
Section 41-10-758 Creation of special fund. For the benefit of the State of Alabama and the citizens thereof, there is hereby created a special fund named the BP Settlement Fund which shall be funded with BP settlement revenues and administered in accordance with this article. All BP settlement revenues received after September 30, 2017, shall […]
Section 41-10-759 Pledge and appropriation of BP settlement revenue to pay bonds. There is hereby irrevocably pledged and appropriated such amounts of the BP settlement revenues retained in the special fund, and earnings thereon, as shall be necessary to pay the principal, interest, and premium, if any, on the authority’s bonds, to redeem such bonds […]
Section 41-10-760 Notice – Contested actions. (a) Upon the adoption by the directors of any resolution providing for the issuance of bonds, the authority may cause to be published once a week for two consecutive weeks, in newspapers published or having a general circulation in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice […]
Section 41-10-761 Tax exemption. The income and property of the authority, all bonds of the authority and the interest paid on any such bonds, all conveyances by or to the authority, and all instruments by and to the authority shall be exempt from all taxation in the state. The authority shall also be exempt from […]
Section 41-10-762 Notice and hearing not required. Except as may be expressly provided in this article, no proceeding, notice, or approval shall be required for the issuance of any bonds by the authority, the execution of any mortgage and deed of trust, trust indenture, or other document, or the exercise of any other of the […]
Section 41-10-763 Applicability of other laws. Articles 2 and 3 of Chapter 16, Title 41, and other similar laws shall not apply to the authority, its directors, or any of its officers, agents, or employees in their capacities as such. (Act 2016-469, 1st Sp Sess., §14.)
Section 41-10-764 Dissolution. At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the directors of the authority and sworn to by each director before an officer authorized to […]
Section 41-10-765 Diversity. In connection with the sale of its bonds, the authority shall, to the extent practical, utilize businesses and companies that reflect the racial and ethnic diversity of the state. (Act 2016-469, 1st Sp Sess., §16.)
Section 41-10-766 Services provided by Department of Finance. The authority shall utilize all administrative services which may be provided by the state Department of Finance. (Act 2016-469, 1st Sp Sess., §17.)
Section 41-10-767 Bonds are legal investments. Bonds issued by the authority are hereby made a legal investment for savings banks and insurance companies organized under the laws of the state and for trustees, executors, administrators, guardians, persons or organizations acting in a fiduciary capacity, unless otherwise directed by a court having jurisdiction or by a […]
Section 41-10-768 Legislative intent. It is the intent of the Legislature that payments allocated in Section 41-10-757 to the Alabama Trust Fund for the purpose of repaying amounts transferred to the State General Fund pursuant to Section 4 of Amendment 856 to the Constitution of Alabama of 1901 shall be in lieu of the fiscal […]
Section 41-10-769 Liberal construction. This article and Section 18 of Act 2015-540, as amended by Act 2016-469 shall be liberally construed to effect its purpose. (Act 2016-469, 1st Sp Sess., §22.)
