AL Code § 41-10-754 (2021)
2021 Code of Alabama|Title 41 - State Government.|Chapter 10 - Authorities.|Article 19 - Alabama Economic Settlement Authority.|Section 41-10-754 - Powers of the Authority.

Section 41-10-754Powers 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 venue; provided, however, that the authority may not be sued in any nisi prius court other than the courts of the county in which is located the principal office of the authority; and provided further that the officers, directors, agents, and employees of the authority may not be sued for actions on behalf of the authority in any nisi prius court other than the courts of the county in which is located the principal office of the authority. (3) To have and to use a corporate seal and to alter the seal at pleasure. (4) To establish a fiscal year. (5) To adopt, and from time to time, amend and repeal, bylaws, rules, and regulations not inconsistent with this article, to carry out and to effect the powers and purposes of the authority in the conduct of its business. (6) To sell and issue bonds as provided in this article 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, or to pay the costs of transportation projects. (7) To sell and issue refunding bonds, subject to the terms and conditions of this article. (8) To receive and deposit the BP settlement revenues into the special fund, to invest such BP settlement revenues in the manner provided in this article, to apply such revenues to payment of bonds issued by the authority in the manner provided in this article, and to other authorized uses, and to cause the net proceeds from the sale of the bonds of the authority 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, and to be used to pay the costs of transportation projects. (9) To execute and deliver mortgages, security agreements and trust indentures, and other forms of agreements for the purpose of securing the authority's bonds and in connection therewith, to mortgage, pledge, or assign the appropriated funds and other monies and property available to the authority. (10) As security for the payment of the authority's bonds, to pledge the appropriated funds and any other monies and property available to the authority. (11) To arrange for various forms of security or credit enhancement for the authority's bonds, including letters of credit, guaranties, policies of insurance, surety bonds, and similar instruments. (12) To accept gifts, grants, loans, appropriations, and other forms of aid from the federal government, the state or any state agency, or any political subdivision of the state, or any person, corporation, foundation, or legal entity, and to agree to and comply with any conditions attached to federal and state financial assistance not inconsistent with this article. (13) Any provision of law to the contrary notwithstanding, the authority shall have vested in it all powers necessary to fulfill its fiduciary duty, including the power to sue and be sued, complain and defend its own name; provided; however, that as an instrumentality of the state, the authority, its officers, and employees shall be entitled to sovereign immunity to the same extent as the state, its agencies, officers, and employees, subject to Section 36-1-12. (14) To establish accounts in one or more depositories. (15) To appoint, employ, contract with, and provide for the compensation of employees and agents, including engineers, attorneys, contractors, consultants, accountants, fiscal advisors, trustees, paying agents, investment bankers, and underwriters as the directors deem necessary or desirable for the conduct of the business of the authority. (16) To make, enter into, and execute financing agreements and other contracts, agreements, or other instruments, and to take other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power granted to it. (17) To sell, exchange, and convey any or all real or personal property belonging to the authority whenever its directors shall find any such action to be in furtherance of the purposes for which the authority was organized. (18) To acquire, hold, and dispose of real and personal property. (19) To sell, assign, or otherwise convey to another person or entity, for such consideration as the directors of the authority shall determine, the authority’s right to receive and collect the appropriated revenues or any portion thereof that have not been previously pledged as security for the bonds, and to use the proceeds from such sale, assignment, or other conveyance for deposits into the Alabama Trust Fund or the Rainy Day Account, to provide additional funds to the Alabama Medicaid Agency, or for transportation projects. (20) To exercise any power granted by the laws of the state to public or private corporations that are not in conflict with the public purpose of this article. (21) To adopt and promulgate administrative rules necessary or appropriate to effectuate its purposes and to administer the programs herein authorized. (Act 2016-469, 1st Sp Sess., §5.)