reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 16 - Education. › Chapter 13 - School Finances Generally. › Article 15 - Teacher Excellence and Accountability for Mathematics and Science Salary Schedule Program. › Section 16-13-340 - Applicability to Public Charter Schools.

Section 16-13-340
Applicability to public charter schools.
(a) Public charter schools created pursuant to the Alabama School Choice and Student Opportunity Act, Chapter 6F, shall be allocated TEAMS positions and funding in the same manner as local boards under this article, provided the public charter school complies with all requirements of the program established by the department.
(b) Charter school governing boards may offer preliminary or advanced contracts to qualified teachers based on the TEAMS salary schedule in the same manner as local boards, and qualified teachers may also receive the hard-to-staff supplement provided in Section 16-13-335, subject to this article. Notwithstanding any provision of this article, any such contract shall be at least one year and shall be terminable at will by the charter school governing board.
(Act 2021-340, §11.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-1 - Fiscal Management Policies.

Section 16-13A-1
Fiscal management policies.
A local board of education, to ensure the sound fiscal management of board finances, upon the recommendation of the local superintendent of education, shall adopt fiscal management policies which comply with generally accepted accounting principles, including, but not limited to, policies related to each of the following:
(1) Regular reconciliation of bank statements.
(2) Maintenance of fixed assets inventory.
(3) Deposit of incoming funds.
(4) Review of monthly revenues and expenditures.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-2 - Financial Oversight by State Superintendent of Education; Appointment and Duties of Chief Education Financial Officer; Internal Audits of Schools and School Systems.

Section 16-13A-2
Financial oversight by State Superintendent of Education; appointment and duties of Chief Education Financial Officer; internal audits of schools and school systems.
(a) The State Superintendent of Education shall oversee the financial integrity of the various local boards of education and shall appoint a Chief Education Financial Officer who shall be an employee of the State Department of Education. The Chief Education Financial Officer shall be a certified public accountant or have equivalent experience as determined by the State Superintendent of Education, shall have experience in educational or governmental finance, shall complete the instructional program provided in Section 16-13A-3 within the later of six months of its introduction or six months of appointment, and shall have passed the mandated competency test provided in Section 16-13A-3 within the later of six months of its adoption or six months of appointment. The Chief Education Financial Officer shall oversee the collection and analysis of the reports required by Section 16-13A-6, shall make reports of the financial integrity of the various local boards of education, shall assist school systems whose financial position is deteriorating, and shall make other reports as deemed necessary or as required by law.
(b) The State Superintendent of Education may employ a sufficient number of persons to analyze internal audits of the various local boards of education and schools within the limits of available funding. Internal auditors shall possess a bachelor's degree in accounting or finance and experience in educational or governmental finance.
(c) Contracts and employments entered into with funds available to the State Department of Education pursuant to this chapter shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. A report shall be made annually to the Legislature detailing the extent to which this subsection has been implemented.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-3 - Financial Training of Local Superintendents of Education.

Section 16-13A-3
Financial training of local superintendents of education.
(a) The State Superintendent of Education shall develop programs for the instruction and training of local superintendents of education in subjects including finance, instruction, and legal requirements. The instruction and training shall be designed to instill a minimum level of competence in local superintendents of education. Tests of competency shall be administered by the State Superintendent of Education as required by Section 16-1-38.
(b) Persons employed before June 1, 2006, as local superintendents by a local board of education or elected by the people shall complete the mandated training and pass the mandated competency test within three years of June 1, 2006, unless they shall sooner become employed by another local board of education in which case they shall immediately complete the mandated training and competency test. All local superintendents of education shall complete the mandated training and pass the mandated competency test before being hired or elected as a local superintendent or after assuming office as provided in subsection (c).
(c) The State Superintendent of Education, based upon reasonable cause, may allow a newly elected or appointed superintendent to attend and satisfactorily complete the training after assuming office.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-4 - Appointment; Removal of Chief School Financial Officer; Qualifications.

Section 16-13A-4
Appointment; removal of chief school financial officer; qualifications.
(a) In consultation with the local superintendent of education, the local board of education shall appoint a chief school financial officer who shall be an employee of the board.
(b)(1) If the position of chief school financial officer is vacant for 30 days and the local board is not actively seeking to fill the position, the State Superintendent of Education may designate a chief school financial officer for a period of not more than one year, which may be extended from year to year, unless and until the local board appoints a person who meets the established qualifications. In addition, the State Superintendent of Education shall designate a chief school financial officer if the position has been vacant for more than 60 days.
(2) A person designated as chief school financial officer by the State Superintendent of Education may not be unilaterally removed from that position by the local board of education pursuant to subsection (c) without the prior approval of the State Superintendent of Education, but may be replaced after one year by a qualified person selected by the local board.
(c) Except as specified in subdivision (2) of subsection (b), a local board of education, upon a majority vote of its members, shall have unilateral authority to remove the chief school financial officer.
(d) A person designated as a chief school financial officer shall meet the minimum job qualifications established by the local board and the State Board of Education and shall possess or be eligible to possess certification required pursuant to regulations promulgated by the State Board of Education.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-5 - Supervision, Fiduciary Responsibility of Chief School Financial Officer; Duties.

Section 16-13A-5
Supervision, fiduciary responsibility of chief school financial officer; duties.
(a) The chief school financial officer shall work under the direct supervision of the local superintendent of education but shall have a fiduciary responsibility to the local board of education.
(b) The chief school financial officer shall perform each of the following duties:
(1) Verify the receipt of all funds to which the local board of education may be entitled by law or which may come into its possession for public school purposes.
(2) Verify the payment of such funds, such payments to occur only on written order of the local superintendent of education.
(3) Keep an accurate record of all receipts and expenditures, and provide such information to the local superintendent and the local board.
(4) Make reports as may be required by law, by the local board of education, or by rules and regulations of the State Board of Education.
(5) Personally notify, in writing, each board member and the local superintendent of education of any financial transaction of the local board of education which the chief school financial officer deems to be non-routine, unusual, without legal authorization, or not in compliance with the fiscal management policies of the board. The notification shall be recorded in the minutes of the board by the president of the local board of education.
(6) Be bonded in an amount determined by the State Board of Education.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-6 - Required Reports.

Section 16-13A-6
Required reports.
(a) The State Board of Education shall by regulation provide for various financial and other information which local superintendents of education shall have prepared for the local boards of education, including, but not limited to, the following:
(1) A monthly financial statement showing the financial status of the local board of education accounts with itemized categories specified by the State Board of Education.
(2) A monthly report showing all receipts and the sources thereof.
(3) A monthly report showing all expenditures with itemized categories specified by the State Board of Education.
(4) An annual projected budget.
(5) Monthly and/or quarterly reports showing expenditures relative to such projected budget.
(6) A yearly report of the fixed assets inventory of the local board of education with itemized categories specified by the State Board of Education.
(7) Financial and other information necessary to participate in national statistical studies on education.
(b) The financial information required in subsection (a), as well as any other financial information which the State Board of Education shall require, shall be submitted in writing and/or electronically to the Chief Education Financial Officer by the 15th day of the month following its presentation to the local board of education.
(c) All local boards of education shall be required to implement a standardized financial accounting program as determined by the State Department of Education to collect the information required by this chapter and to provide for ease of input by local boards of education and ease of monitoring by a local board of education, its chief school financial officer, and the State Department of Education. If a local school system's financial report is found to be in conflict with generally accepted accounting principles, the State Department of Education shall issue a notice to that school system informing it of such and request that proof of correction of conflict be forwarded to the State Department of Education and approved by the State Superintendent of Education within a reasonable time thereafter.
(d) All financial documents, in whatever source maintained, are public documents, and shall be open to inspection and accessible to the public. An annual budget and monthly financial statements with supporting spread sheets as submitted to the State Department of Education shall be made available to the general public at the local school system Internet site.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-8 - Authority to Expend Funds.

Section 16-13A-8
Authority to expend funds.
Each local board of education shall adopt procedures relating to the expenditure of funds which do not require express board approval prior to the expenditure. A local superintendent of education, subject to these policies and board-approved budget limitations, may expend funds without prior approval of the board. All such expenditures shall be included in the monthly report to the board of expenditures required pursuant to this chapter.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-9 - Reserve Funds.

Section 16-13A-9
Reserve funds.
(a) A local board of education shall develop a plan to establish and maintain a minimum reserve fund equal to one month's operating expenses. Also, a local board of education shall develop a plan to replenish its reserve fund after any withdrawal is made pursuant to subsection (b).
(b) Local boards of education are authorized to expend such reserve funds if either of the following occur:
(1) The Governor declares proration in the Education Trust Fund.
(2) Total state funds appropriated by the Legislature to the local boards of education are less than the same appropriation for the preceding fiscal year.
(Act 2006-196, p. 275, §2; Act 2009-747, p. 2266, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-10 - Penalties for Failing to Comply With Chapter.

Section 16-13A-10
Penalties for failing to comply with chapter.
If an employee or official of a local board of education deliberately, willfully, or wantonly fails to provide the local board of education, the State Department of Education, the State Superintendent of Education, or the Chief Education Financial Officer with accurate information required pursuant to this chapter or pursuant to regulations of the State Department of Education or the State Board of Education, or if the employee knowingly, willfully, or wantonly provides inaccurate information, the employee is guilty of a Class A misdemeanor.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-11 - Liability.

Section 16-13A-11
Liability.
No individual member of a local board of education shall be held financially liable for misappropriation of funds of the local board of education unless the individual acts willfully, maliciously, fraudulently, in bad faith beyond his or her authority, or pursuant to a mistaken interpretation of the law.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-12 - Bonding.

Section 16-13A-12
Bonding.
(a) The following officers and employees of a local board of education shall be bonded in amounts fixed by the local board of education and approved by the State Superintendent of Education:
(1) Local superintendents of education.
(2) Chief school financial officers.
(3) Any other employee of a local board handling local board of education funds as required by the board.
(b) The Chief Education Financial Officer shall be bonded in an amount fixed by the State Superintendent of Education and approved by the State Board of Education.
(c) A certified copy of the bond shall be filed with the State Superintendent of Education.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13A - School Fiscal Accountability. › Section 16-13A-13 - Publication of Budget and Financial Information.

Section 16-13A-13
Publication of budget and financial information.
Budget and financial information used for public hearings on local district budgets shall be published on a form provided by the State Superintendent of Education. Such information shall contain financial information at both the school and school district levels.
(Act 2006-196, p. 275, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-3 - Emergency Action.

Section 16-13B-3
Emergency action.
In case of emergency affecting public health, safety, or convenience, so declared in writing by the awarding authority, setting forth the nature of the danger to public health, safety, or convenience involved in delay, contracts may be let to the extent necessary to meet the emergency without public advertisement. Such action and the reasons therefor shall immediately be made public by the awarding authority.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-5 - Collusive Agreements.

Section 16-13B-5
Collusive agreements.
(a) Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement, to bid at a fixed price or to refrain from bidding or otherwise shall render the bids of such bidders void and shall cause such bidders to be disqualified from submitting further bids to the awarding authority on future purchases.
(b) Whoever knowingly participates in a collusive agreement in violation of this section involving a bid or bids of fifteen thousand dollars ($15,000) and under shall be guilty of a Class A misdemeanor and, upon conviction, shall be punished as prescribed by law.
(c) Whoever knowingly and intentionally participates in a collusive agreement in violation of this section involving a bid or bids of over fifteen thousand dollars ($15,000) shall be guilty of a Class C felony, and upon conviction shall be punished as prescribed by law.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-6 - Advance Disclosure of Bid Terms.

Section 16-13B-6
Advance disclosure of bid terms.
Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-8 - Bond Requirement.

Section 16-13B-8
Bond requirement.
Bond in a responsible sum for faithful performance of the contract, with adequate surety, may be required in an amount specified in the advertisement for bids.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-9 - Assignment of Contract.

Section 16-13B-9
Assignment of contract.
No contract awarded to the lowest responsible bidder shall be assignable by the successful bidder without written consent of the awarding authority, and in no event shall a contract be assigned to an unsuccessful bidder whose bid was rejected because he or she was not a responsible bidder.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-10 - Conflict of Interests; Violations.

Section 16-13B-10
Conflict of interests; violations.
(a) No member or officer of the city and county boards of education shall be financially interested or have any personal beneficial interest, either directly or indirectly, in the purchase of or contract for any personal property or contractual service, nor shall any person willfully make any purchase or award any contract in violation of this chapter.
(b) Any violation of this section shall be deemed a misdemeanor, and any person who violates this section, upon conviction, shall be imprisoned for not more than 12 months or fined not more than five hundred dollars ($500), or both. Upon conviction thereof, any person who willfully makes any purchase or awards any contract in violation of this chapter shall be removed from office.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 13B - Competitive Bidding for Certain Contracts of County and City Boards of Education. › Section 16-13B-11 - Action to Enjoin Execution of Contract.

Section 16-13B-11
Action to enjoin execution of contract.
Any taxpayer of the area within the jurisdiction of the awarding authority and any bona fide unsuccessful bidder on a particular contract shall be empowered to bring a civil action in the appropriate court to enjoin execution of any contract entered into in violation of this chapter.
(Act 2009-760, p. 2294, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-2 - Legislative Findings of Fact and Declaration of Intent.

Section 16-15-2
Legislative findings of fact and declaration of intent.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-3 - Incorporation Authorized.

Section 16-15-3
Incorporation authorized.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-4 - Application for Incorporation.

Section 16-15-4
Application for incorporation.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-5 - Issuance and Recording of Certificate of Incorporation; No Fees to Be Paid.

Section 16-15-5
Issuance and recording of certificate of incorporation; no fees to be paid.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-6 - Members, Officers and Directors; Record of Proceedings.

Section 16-15-6
Members, officers and directors; record of proceedings.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-8 - Issuance and Sale of Bonds; Contracts; Purchases.

Section 16-15-8
Issuance and sale of bonds; contracts; purchases.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-9 - Execution, Form, Terms and Conditions of Bonds; Sale; Refunding Bonds; Security for Payment; Bonds to Be Negotiable Instruments; Exemption From Taxation; Bonds Legal Investments.

Section 16-15-9
Execution, form, terms and conditions of bonds; sale; refunding bonds; security for payment; bonds to be negotiable instruments; exemption from taxation; bonds legal investments.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §9; Acts 1969, No. 782, p. 1405, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-10 - Disposition of Proceeds of Bonds.

Section 16-15-10
Disposition of proceeds of bonds.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §10.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-11 - Pledge of Revenues for Payment of Bonds.

Section 16-15-11
Pledge of revenues for payment of bonds.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §11.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-12 - Payment of Bonds.

Section 16-15-12
Payment of bonds.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §12.)
2023 Code of Alabama › Title 16 - Education. › Chapter 15 - Alabama Education Authority. › Section 16-15-13 - Dissolution of Authority.

Section 16-15-13
Dissolution of authority.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1959, 2nd Ex. Sess., No. 126, p. 369, §13.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-1 - Definitions.

Section 16-16-1
Definitions.
For the purposes of this chapter, the following words and phrases shall have the following respective meanings:
(1) THE AUTHORITY. The public corporation organized pursuant to the provisions of this chapter.
(2) BONDS. The bonds issued under the provisions of this chapter.
(3) STATE. The State of Alabama.
Pronouns when used in this chapter shall include all applicable genders.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-2 - Legislative Findings of Fact and Declaration of Intent; Liberal Construction of Chapter.

Section 16-16-2
Legislative findings of fact and declaration of intent; liberal construction of chapter.
The Legislature hereby makes the findings of fact and declaration of intent hereinafter set forth in this section. The great increase during recent years in the number of students enrolled in the public schools and in other educational institutions in the state that are supported wholly or in part by the state, the anticipated further increase in the enrollment of students in such schools and educational institutions resulting from the greatly increased birth rate and other factors, the increased enrollment in other public institutions in the state and the need to supply additional educational facilities at those other public institutions for the purpose of maintaining and further developing educational programs for the inmates of those institutions have made it imperative that buildings and other facilities for educational purposes be constructed and equipped in all parts of the state. The taxes and other revenues set aside and devoted by law to educational purposes are not sufficient to make the large capital outlays required for such construction and to carry on also the maintenance and operation of the said schools and institutions. The only feasible way in which the needed buildings can be provided is by anticipating the receipt of a portion of the revenues devoted by law to educational purposes by capitalizing those revenues to the end that they may be applied for retirement of the costs of said construction as such revenues are received during the useful life of said buildings. It is, therefore, necessary and desirable that those portions of the excise taxes known as the state sales tax and the state use tax that are required by law to be paid into the Education Trust Fund be anticipated in the manner hereinafter provided for the purpose of effecting the needed capital outlays. It is the intention of the Legislature by the passage of this chapter to authorize the formation of a public corporation for the purpose of providing for the acquisition of such buildings, including sites and equipment therefor, and to authorize said corporation, in order to provide for such acquisition, to anticipate those portions of the two excise taxes hereinafter referred to that are now required by law to be paid into the Education Trust Fund by issuing the bonds of said corporation payable solely out of and secured by a pledge of the said portions of those excise taxes. This chapter shall be liberally construed in conformity with said purpose.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-3 - Incorporation Authorized.

Section 16-16-3
Incorporation authorized.
The Governor, the State Superintendent of Education and the Director of Finance may become a corporation with the power and authority hereinafter provided by proceeding according to the provisions of this chapter.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-4 - Application for Incorporation.

Section 16-16-4
Application for incorporation.
(a) To become a corporation, the Governor, the State Superintendent of Education and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth:
(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant's right to office;
(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;
(3) The name of the proposed corporation, which shall be the Alabama Public School and College Authority;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.
(b) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds.
(c) The Secretary of State shall examine the application; and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-5 - Issuance and Recording of Certificate of Incorporation; No Fees to Be Paid.

Section 16-16-5
Issuance and recording of certificate of incorporation; no fees to be paid.
When the application has been made, filed and recorded as herein provided, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the Great Seal of the State, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-6 - Members, Officers and Directors; Quorum for Transacting Business; Effect of Death, Resignation or Expiration of Term; Salary; Record of Proceedings; Copies of Proceedings as Evidence.

Section 16-16-6
Members, officers and directors; quorum for transacting business; effect of death, resignation or expiration of term; salary; record of proceedings; copies of proceedings as evidence.
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 State Superintendent of Education shall be the vice-president thereof and the Director of Finance shall be the secretary thereof. The State Treasurer shall be treasurer thereof, shall act as custodian of its funds and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for. The members of the authority shall constitute all the members of the board of directors of the authority, and any two members of the said board of directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold such office by reasons of death, resignation, expiration of his term of office or for any other reason, then his successor in office shall take his place as a member, officer or director, as the case may be, of the authority. No member, officer or director of the authority shall draw any salary in addition to that now authorized by law for any service he may render or for any duty he may perform in connection with the authority. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by at least two members of the authority and shall be recorded in a substantially bound book and filed in the office of the secretary. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-7 - Powers Generally.

Section 16-16-7
Powers generally.
The authority shall have the following powers:
(1) To have succession by its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid;
(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(3) To have and to use a corporate seal and to alter the seal at pleasure;
(4) To establish a fiscal year;
(5) To provide for the construction, reconstruction, alteration and improvement of public buildings and other facilities for public educational purposes in the state, including the procurement of sites and equipment therefor;
(6) To anticipate by the issuance of its bonds the receipt of the revenues herein appropriated and pledged;
(7) As security for the payment of the principal of and interest on its bonds, to pledge the proceeds of the appropriations and pledges herein provided for; and
(8) To appoint and employ such attorneys and agents as the business of the authority may require.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-8 - Authority Empowered to Sell and Issue Bonds for Construction, etc., of Facilities for Public Educational Purposes; Procedure for Letting Contracts.

Section 16-16-8
Authority empowered to sell and issue bonds for construction, etc., of facilities for public educational purposes; procedure for letting contracts.
(a) The authority is hereby authorized from time to time to sell and issue its bonds, not exceeding $116,000,000.00 in aggregate principal amount, for the purpose of providing funds for construction, reconstruction, alteration and improvement of buildings and other facilities for public educational purposes in the state, including the procurement of sites and equipment therefor, and for payment of obligations incurred for any such purpose. The cost of construction, reconstruction, alteration and improvement of any such buildings or other facilities shall be deemed to include fees for services rendered by architects and building inspectors in connection therewith.
(b) All contracts involving the expenditure of any funds derived by a county or city board of education under this chapter shall be let on competitive bids in the same manner and according to the same procedure as prescribed for the award of contracts for public works in Sections 39-2-1 through 39-2-13 and 39-5-1 through 39-5-6.
(c) All contracts involving the use of such funds for the purchase of supplies, materials or equipment by county or city boards of education shall be on the basis of competitive bidding, to be conducted in the same manner and according to the same procedure as provided for state purchases in Sections 41-16-20 through 41-16-32.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-12 - Payment of Principal and Interest on Bonds.

Section 16-16-12
Payment of principal and interest on bonds.
Out of the revenues appropriated and pledged in Section 16-16-1, the State Treasurer is hereby authorized and directed to pay the principal of and interest on the bonds issued by the authority under the provisions of this chapter, as such principal and interest shall respectively mature, and the State Treasurer is further authorized and directed to set up and maintain appropriate records pertaining thereto.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §12.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-13 - Dissolution of Authority.

Section 16-16-13
Dissolution of authority.
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 members of the authority and sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of such application for dissolution, the authority shall cease to exist. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved and shall record such certificate with the application for dissolution.
(Acts 1965, 1st Ex. Sess., No. 243, p. 331, §13.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-14.1 - Sale of Bonds and Other Details of Bonds.

Section 16-16-14.1
Sale of bonds and other details of bonds.
From and after August 14, 2009, bonds issued by the authority under subsection (b) of Section 3 of Act 98-373 may be sold by negotiated sale or by competitive bid at such price or prices and at such time or times as the authority may consider advantageous. In addition, bonds hereafter issued by the authority under subsection (b) of Section 3 of Act 98-373 may bear such maturities, may be subject to redemption, or may not be subject to redemption, all on such terms as the authority may consider advantageous. Notwithstanding any other provision of law, bonds, notes, or other debt obligations issued under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority may be issued by the authority after review by the Alabama Public School and College Education Incentive Fund Council created in Section 16-16-15. The council shall make their review within 10 days after receiving notification from the authority. In addition, bonds, notes, or other debt obligations issued under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority may contain such other terms and provisions as shall be necessary to comply with federal legislation, including the American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986, as amended. In addition, proceeds from the sale of bonds issued as qualified school construction bonds or qualified zone academy bonds may be provided only to those participating local boards of education that irrevocably pledge for the entire bond maturation period an amount of revenue sufficient to meet the corresponding debt service obligations of such local board of education.
(Act 2009-813, p. 2530, §3; Act 2010-731, p. 1841, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-14.2 - Legislative Intent.

Section 16-16-14.2
Legislative intent.
Act 2010-731 is adopted by the Legislature of the State of Alabama to amend certain provisions of the Code of Alabama 1975 and certain prior acts of the Legislature of Alabama and to make other provisions in a manner intended to permit the Alabama Public School and College Authority (the authority) to issue bonds, notes, or other debt obligations under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program providing cost-savings or conditions acceptable to the authority. The issuance of such bonds, notes, or other debt obligations by the authority for the benefit of local boards of education in the state will provide financing for such local boards on favorable terms and will thereby serve an essential need of the citizens of the state. Bonds of the authority in the form of bonds, notes, or other debt obligations under the provisions of the American Recovery and Reinvestment Act of 2009 or other governmental program shall be, and are hereby authorized to be, issued by the authority under Section 3(b) of Act No. 98-373 and Act 2010-731.
(Act 2010-731, p. 1841, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-15 - Incentive Fund and Council.

Section 16-16-15
Incentive fund and council.
(a) There is hereby created the Alabama Public School and College Education Incentive Fund (Incentive Fund). Fifty-five million dollars ($55,000,000) from the first series of bonds issued pursuant to Act 2007-415 shall be deposited into the Incentive Fund.
(b) There is hereby created the Alabama Public School and College Education Incentive Fund Council. The council shall be made up of the State Superintendent of Education; the Director of Finance; one member, who shall not be an elected official, appointed by the Governor; the Lieutenant Governor; the Chair of the Senate Finance and Taxation-Education Committee; and the Chair of the House Education Appropriations Committee. The Lieutenant Governor and legislative members of the council shall be entitled to their regular per diem when attending council meetings. The council created by this section shall allocate capital expenditures from the Incentive Fund. Authorized expenditures from the Incentive Fund shall include, but not be limited to, matching local funds for the consolidation of schools; the advancement of technology; capital losses as the result of natural disasters; infrastructure for fast growing school systems or institutions; career technical facilities; public libraries; and capital needs to assist schools that are not accredited by the Southern Association of Colleges and Schools. Entities applying for grants from the Incentive Fund shall make application to members of the council. The council may require local match for certain capital projects. Upon the deposit of the monies into the Incentive Fund, the council shall meet at least quarterly to consider grant applications. Four members of the council shall constitute a quorum and four members must be present and vote affirmatively for the approval of any grant application. The council shall hold its first meeting within the first quarter following the deposit of the first monies into the Incentive Fund. The council shall elect a chair at the first meeting. The chair shall call subsequent meetings of the council. If the chair fails to call a meeting at least quarterly, a meeting shall be held upon a written request by at least four members of the council.
(c) Not later than three years following allocation of bond proceeds as provided in Act 2007-415, the authority shall review the status of any unexpended allocations, and, at its sole discretion, determine if unexpended allocations or any portion thereof shall revert to the authority for reallocation by the Alabama Public School and College Education Incentive Fund Council.
(Act 2007-415, p. 846, §§10, 11.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-16 - Racial and Ethnic Diversity.

Section 16-16-16
Racial and ethnic diversity.
(a) The authority shall hire or contract with businesses or individuals which reflect the racial and ethnic diversity of the state.
(b) The authority shall hire or contract with attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters which reflect the racial and ethnic diversity of the state.
(Act 2007-415, p. 846, §13; Act 2009-813, p. 2530, §4.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16 - Alabama Public School and College Authority. › Section 16-16-17 - Swap Agreements.

Section 16-16-17
Swap agreements.
Notwithstanding any other provision of law, including without limitation Article 3 of Chapter 1 of Title 41, the Public School and College Authority shall not enter into any swap agreement involving the bonds authorized to be issued by Act 2010-731 or Act 2009-813. For purposes of the preceding sentence, swap agreement shall have the same meaning as provided in Section 41-1-41.
(Act 2010-731, p. 1841, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16A - Base Realignment and Closure Distributions. › Section 16-16A-1 - Legislative Findings.

Section 16-16A-1
Legislative findings.
Military installations are a major source of economic stability for Alabama and, particularly, Madison County and North Alabama and are important to our Nation's defense. The United States Department of Defense was legislatively directed to reorganize its military installation infrastructure through the 2005 Base Realignment and Closure (2005 BRAC) process. As a result of the 2005 BRAC and anticipated future base realignment and closure activities, Madison County and North Alabama have and are expected to experience significant growth which demands modernizing and expanding the infrastructure for schools, and school related capital projects, in the areas impacted by the growth at Redstone Arsenal. It is expected that Alabama will gain thousands of high paying jobs because of the 2005 BRAC and anticipated future Base Realignment and Closure processes. It is found and declared to be necessary to foster business growth and job creation and generate tax revenues by rendering aid to the school districts impacted by the growth at Redstone Arsenal.
(Act 2010-551, p. 980, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16A - Base Realignment and Closure Distributions. › Section 16-16A-3 - Distribution Calculation.

Section 16-16A-3
Distribution calculation.
For purposes of this chapter, the BRAC Distribution provided by the Authority shall be the difference calculated by subtracting the number of jobs in the BRAC Impacted District on the Baseline Date from the number of jobs in the BRAC Impacted Area on the Determination Date for any year in which the Authority distributes bond proceeds. The calculated difference shall be divided proportionately to produce the BRAC Distribution for any distribution calculation. The method for the Authority to distribute the amount paid by the state shall be determined in accordance with Section 16-16A-4
(Act 2010-551, p. 980, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 16A - Base Realignment and Closure Distributions. › Section 16-16A-4 - Distribution Considerations.

Section 16-16A-4
Distribution considerations.
The Authority shall distribute the BRAC Distribution to a local school district based upon the percentage of BRAC Impacted Area employees living in a city or county served by that school district, in accordance with the following:
(1) Prior to the distribution of any bond proceeds authorized by this chapter, the City of Huntsville Federal Building Authority shall obtain from the Garrison the number of employees at Redstone Arsenal and the location of their residence based upon the Zip Codes of the employees.
(2) The Authority shall allocate the portion of the BRAC Distributions to each city or county school district where the employees reside based on the percentage calculated by the City of Huntsville Federal Building Authority using the information referred to in subdivision (1). If an employee resides in a city, any bond proceeds shall be allocated to the school district of the city of residence. If an employee does not reside in a city, any bond proceeds shall be allocated to the county school district in which the employee resides.
(Act 2010-551, p. 980, §4.)