reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-15 - Exemptions From Taxation.

Section 16-17A-15
Exemptions from taxation.
Notwithstanding any provision of law to the contrary:
(1) Any indebtedness issued by an authority or a university affiliate, and the income therefrom, including any profit from the sale thereof, shall be exempt from taxation by the state or other governmental entity of the state.
(2) All properties of an authority or a university affiliate, whether real, personal, or mixed, and the income therefrom, shall be exempt from any and all taxation by any governmental entity.
(3) An authority shall not be obligated to pay or allow to be paid any fees, taxes, costs, or charges of any nature to the Secretary of State or to any judge of probate of any county in respect of the filing or recording of any document.
(4) The gross proceeds of the sale of any property used in the business or activities of an authority, or in the acquisition, construction, renovation, or equipping of any health care facilities for an authority or a university affiliate, regardless of whether the sale is made directly to an authority or to a university affiliate or to any contractor or agent thereof, shall be exempt from all sales and use taxes levied by any governmental entity, including, without limitation, any similar privilege, license, or excise tax.
(Act 2016-201, §15.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-16 - Audits.

Section 16-17A-16
Audits.
(a) Each authority shall engage a firm or firms of certified public accountants to conduct an annual audit of the financial affairs of the authority. Each audit shall be conducted in accordance with generally accepted accounting principles.
(b) The board shall submit all audits required by subsection (a) to the sponsoring university as promptly as practicable after the end of each fiscal year of the authority.
(Act 2016-201, §16.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-17 - Conveyance of Property, etc., to Authority; Pledge of Full Faith and Credit.

Section 16-17A-17
Conveyance of property, etc., to authority; pledge of full faith and credit.
(a) The state, any university, any governmental entity, and any public corporation is hereby authorized to give, transfer, convey, or sell to any authority or a university affiliate, with or without consideration:
(1) Any of its health care facilities and other properties, real or personal, and any funds and assets, tangible or intangible, relative to the ownership or operation of any such health care facilities, including any certificates of need, assurances of need, or other similar rights appertaining or ancillary thereto, irrespective of whether they have been exercised.
(2) Any taxes, revenues, or funds owned or controlled by it.
(3) Nothing in this chapter shall be construed as allowing an authority or university affiliate to be exempt from compliance with all applicable laws and regulations of the State Certificate of Need program and the Alabama State Health Planning and Development Agency.
(b) The state, any governmental entity, any university, or any public corporation may pledge its full faith and credit to or for the benefit of an authority or a university affiliate or may pledge any revenues that it is legally entitled to pledge to or for the benefit of an authority or university affiliate.
(c) An authority or university affiliate shall constitute a hospital corporation as that term is used in Title 22, Chapter 21, Article 4, Division 2, and any county otherwise authorized to do so may designate any authority or university affiliate as the agency of that county to acquire, construct, equip, operate, and maintain public hospital facilities in that county. The authority shall, if so designated, receive the proceeds from any special public hospital tax available in that county.
(Act 2016-201, §17.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-18 - Legislative Findings.

Section 16-17A-18
Legislative findings.
In support of and in furtherance of the powers granted in Section 16-17A-8, the Legislature hereby finds and declares all of the following:
(1) Authorities organized under this chapter and its university affiliates are performing essential public functions on behalf of the state, the sponsoring university, and other governmental entities in the state.
(2) The nature and scope of the powers conferred on authorities and their university affiliates by this chapter are such as may compel each authority and each university affiliate, in the course of exercising its powers or by virtue of such exercise of such powers, to engage in activities itself or in collaboration with public or private entities and individuals that may be characterized as anticompetitive or may result in the acquisition or maintenance of monopoly power within the meaning of state and federal antitrust laws or otherwise may have the effect of displacing competition in the provision of hospital, physician, or other health care-related services.
(3) In carrying out its public health mission through the exercise of the powers granted by this chapter, including, without limitation, the collaborative activities expressly authorized by this chapter, an authority and its university affiliates, as well as the public or private entities and individuals with which they collaborate, shall be immunized from liability under the federal and state antitrust laws to the fullest extent allowed by law.
(4) As an expression of the public policy of the state with respect to the displacement of competition in the field of health care, each authority and each university affiliate, when exercising its powers under this chapter, acts as an agency or instrumentality of its university and as a political subdivision of the state, and as such, neither an authority nor its university affiliate shall be subject to what has come to be known in relevant antitrust jurisprudence as active supervision by the state in order to enjoy immunity from the application of state and federal antitrust laws.
(Act 2016-201, §18.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-19 - Sovereign Immunity; Damage Limitation.

Section 16-17A-19
Sovereign immunity; damage limitation.
(a) This chapter is not intended to extend or grant sovereign immunity to any authority or university affiliate that is not entitled to sovereign immunity under applicable law. Nor is this chapter intended to limit or remove sovereign immunity for any authority or university affiliate that is entitled to sovereign immunity under applicable law.
(b) An authority or university affiliate not entitled to sovereign immunity shall be entitled to the benefits of the damage limitation for tort actions provided in Chapter 93 of Title 11, if the authority or university affiliate meets both of the following requirements:
(1) An entity that is a governmental entity within the meaning of Section 11-93-1, participates in the organization of the authority or university affiliate. A governmental entity participates in the organization of an authority or university affiliate if the governmental entity enters into an affiliation agreement or similar agreement with a university providing for the organization of the authority or university affiliate.
(2) The authority or university affiliate receives public support for its operations, including, without limitations, taxes allocated to the authority or university affiliate, or appropriations from the state or any other governmental entity that benefit the authority or university affiliate.
(c) As further evidence of the intent expressed in this chapter, the Legislature declares that:
(1) An authority or university affiliate described in subsection (b) constitutes a governmental entity within the meaning of Section 11-93-1.
(2) Claims for money damages against an authority or university affiliate described in subsection (b) constitutes claims within the meaning of Section 11-93-1.
(Act 2016-201, §19.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-20 - Applicability of Other Laws.

Section 16-17A-20
Applicability of other laws.
Notwithstanding any other provision of law to the contrary:
(1) Each authority shall be exempt from all laws of the state governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Title 8, Chapter 8.
(2) Authorities, university affiliates, members of the governing bodies of authorities and university affiliates, and officers and employees of authorities and university affiliates shall not be subject to state ethics laws, including, without limitation, the provisions of Title 36, Chapter 25.
(3) Meetings of the board of an authority and any committee thereof shall not be subject to public meeting or notice requirements, including, without limitation, the provisions of Title 36, Chapter 25A.
(4) Deposits of authorities and university affiliates are entitled to the benefits of the Security for Alabama Funds Enhancement Act, Title 41, Chapter 14A, and therefore, authorities and university affiliates are each a covered public entity as such term is used in that act.
(5) Authorities and university affiliates shall not be subject to the competitive bid laws of the state, including, without limitation, the provisions of Title 41, Chapter 16, Articles 2, 3, and 3A.
(6) Authorities and university affiliates shall not be subject to examination by the state Department of Examiners of Public Accounts.
(7) Authorities, university affiliates, and the employees thereof shall not be required to participate in any retirement plan, public pension plan, or health insurance plan administered by the state, or any agency of the state, unless an authority or university affiliate elects to join the plan and is otherwise eligible under applicable law to join the plan.
(8) No expenditure authorized or permitted by the provisions of this chapter shall be considered to be a lending of credit or a granting of public money or thing of value to or in aid of any individual, association, or corporation within the meaning of any constitutional or statutory provision.
(9) For purposes of The Volunteer Service Act, an authority shall be considered a governmental entity, and a university affiliate shall be considered a nonprofit organization so as to provide volunteers with the protections of Section 6-5-336. Terms used in this subdivision shall have the meanings assigned in Section 6-5-336.
(Act 2016-201, §20.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-22 - Disposition of Excess Revenues.

Section 16-17A-22
Disposition of excess revenues.
No part of the net earnings of an authority remaining after payment of its expenses shall inure to the benefit of any person other than a university, a governmental entity, a political corporation, or any nonprofit corporation that is an organization described in Section 501(c)(3) of the Internal Revenue Code.
(Act 2016-201, §22.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-23 - Dissolution of Authority.

Section 16-17A-23
Dissolution of authority.
(a) At any time when an authority does not have any indebtedness or other contractual or legal obligations outstanding, an authority may be dissolved by filing articles of dissolution with the Secretary of State, but only with the approval of both the board of the authority and the sponsoring university in the manner provided in this section.
(b) In order to dissolve an authority, the following steps shall be completed:
(1) The board shall first adopt a resolution proposing dissolution of the authority.
(2) After the adoption by the board of a resolution approving articles of dissolution, the authority shall file with the sponsoring university a written request to the sponsoring university for adoption of a resolution approving dissolution of the authority.
(3) As promptly as may be practicable after the receipt of the application from the authority, the sponsoring university shall review the application, and its governing body shall adopt a resolution either approving or denying dissolution of the authority.
(c) Within 30 days following the approval of dissolution of an authority by the sponsoring university, the president or vice president of the authority shall sign and file for record in the office of Secretary of State the original articles of dissolution and a certified copy of each resolution approving the articles of dissolution.
(d) Upon the filing for record of the articles of dissolution and the documents required by subsection (c), the articles of dissolution shall become effective. The Secretary of State shall thereupon record the articles of dissolution in an appropriate book in his or her office.
(e) A sponsoring university may not dissolve an authority without the consent of the board.
(f) Upon dissolution of the authority, title to all assets of the authority shall vest in the sponsoring university
(Act 2016-201, §23.)
2023 Code of Alabama › Title 16 - Education. › Chapter 17A - University Authority Act of 2016. › Section 16-17A-24 - Construction of Chapter.

Section 16-17A-24
Construction of chapter.
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with the provisions of this chapter.
(Act 2016-201, §24.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-2 - Legislative Intent.

Section 16-18-2
Legislative intent.
It is the purpose of the Legislature by this chapter to authorize the incorporation of educational building authorities as public corporations and as political subdivisions of the state for the purpose of providing ancillary improvements for use in connection with educational institutions in this state and to invest each authority organized hereunder with all power that may be necessary or appropriate to enable it to accomplish such purpose, including but without limitation to the power to lease its properties and to issue interest-bearing revenue bonds. This chapter shall be liberally construed in conformity with the said intent.
(Acts 1966, Ex. Sess., No. 221, p. 308, §2.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-5 - Board of Directors.

Section 16-18-5
Board of directors.
Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of three directors elected, as soon as may be practicable after the organization of the authority, by the governing body of the determining municipality for staggered terms as follows: The first term of one director shall begin immediately upon his election and shall end at noon on the second Monday of November of the next succeeding odd-numbered calendar year following his election; the first term of another director shall begin immediately upon his election and shall end at noon on the second Monday of November of the second succeeding odd-numbered calendar year following his election; and the first term of the remaining director shall begin immediately upon his election and shall end at noon on the second Monday of November of the third succeeding odd-numbered calendar year following his election. Thereafter, the term of office of each director shall be six years, commencing at noon on the second Monday of November when the term of the immediate predecessor director ended. If at any time there should be a vacancy on the board, a successor director to serve for the unexpired term applicable to such vacancy shall be elected by the governing body of the determining municipality. Each election of a director subsequent to the selection of the initial directors, whether for a full six-year term or to complete an unexpired term, shall be made not earlier than 30 days prior to the date on which such director is to take office as such. No officer of the state or of any county or municipality shall, during his tenure as such officer, be eligible to serve as a director. Each director must be a qualified elector and the owner of real property in the determining municipality. Directors shall be eligible for reelection. Each director shall serve without compensation, except that he may be reimbursed for expenses actually incurred by him in and about the performance of his duties. A majority of the directors shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the powers and duties of the authority. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal of the officers mentioned in said Section 175. All proceedings of the board shall be reduced to writing by the secretary of the authority and recorded in a well-bound book. 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 evidence of the matters therein certified.
(Acts 1966, Ex. Sess., No. 221, p. 308, §5.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-6 - Officers of Authority.

Section 16-18-6
Officers of authority.
The officers of an authority shall consist of a chairman, vice-chairman, secretary, treasurer and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may but need not be held by the same person. The chairman and vice-chairman of an authority shall be elected by the board from its membership; the secretary, the treasurer and any other officers of the authority may but need not be members of the board and shall also be elected by the board. The chairman and vice-chairman of the authority shall also be the chairman and vice-chairman of the board, respectively.
(Acts 1966, Ex. Sess., No. 221, p. 308, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-8 - Location of Ancillary Improvements.

Section 16-18-8
Location of ancillary improvements.
Any ancillary improvements of the authority may be located within or without or partially within and partially without the determining municipality, subject to the following conditions:
(1) No such ancillary improvements, or part thereof, shall be located more than 15 miles from the corporate limits of the determining municipality;
(2) In no event shall any ancillary improvements or part thereof be located within the corporate limits or the police jurisdiction of a municipality in this state other than the determining municipality, unless the governing body of such other municipality has first adopted a resolution consenting to the location of such ancillary improvements or part thereof in the corporate limits or in the police jurisdiction of such municipality; and
(3) No such ancillary improvements or part thereof shall be located in a county other than that (or those) in which the determining municipality (or part thereof) is situated unless the county commission has first adopted a resolution consenting to the location of such ancillary improvements or part thereof in such county.
(Acts 1966, Ex. Sess., No. 221, p. 308, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-10 - Remedies Under Lease Agreements.

Section 16-18-10
Remedies under lease agreements.
If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by any educational institution under the provisions of any lease agreement between such educational institution and an authority, the authority and any pledgee of such lease agreement, or either, may by appropriate proceedings enforce and compel payment of such rental and performance of such covenant.
(Acts 1966, Ex. Sess., No. 221, p. 308, §10.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-12 - Contracts to Secure Bonds and Assumed Obligations.

Section 16-18-12
Contracts to secure bonds and assumed obligations.
As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation, maintenance and disposition (including lease) of any ancillary improvements or part thereof owned by it, for the imposition and collection of reasonable rentals from such ancillary improvements, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that the revenues from such ancillary improvements will be sufficient to operate such ancillary improvements, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues and maintain such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such ancillary improvements, and the making of replacements thereof and capital improvements thereto. Any contract made pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust, or trust indenture, made by the authority hereunder.
(Acts 1966, Ex. Sess., No. 221, p. 308, §12.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-13 - Statutory Mortgage Lien.

Section 16-18-13
Statutory mortgage lien.
Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the ancillary improvements or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing for record in the office of the judge of probate of each county in which any part of such ancillary improvements may be located of a notice containing a brief description of such ancillary improvements and of the land relating thereto, a brief description of such bonds, and a declaration that the said statutory mortgage lien has been created upon such ancillary improvements (and upon such land as shall be made subject to the lien) for the benefit of the holders of such bonds and the interest coupons applicable thereto, including any additions thereto and extensions thereof. Each judge of probate shall receive, record and index any such notice filed for record in his office. The filing of such notice, as herein provided, shall operate as constructive notice of the contents thereof. Such lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have actual notice thereof, from the time such notice is filed in the office of the judge of probate as herein provided.
(Acts 1966, Ex. Sess., No. 221, p. 308, §13.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-14 - Proceeds From Sale of Bonds.

Section 16-18-14
Proceeds from sale of bonds.
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to:
(1) The engineering, legal, architectural, fiscal and other expenses incurred in connection with the issuance of the bonds;
(2) In the case of bonds issued to pay costs of construction, interest on such bonds (or, if a part only of any series of bonds is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction and for not exceeding one year after completion of such construction; and
(3) In the case of bonds issued for the purpose of refunding principal and interest, or either, with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.
(Acts 1966, Ex. Sess., No. 221, p. 308, §14.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-15 - Cooperation; Aid From Other Public Bodies.

Section 16-18-15
Cooperation; aid from other public bodies.
For the purpose of securing ancillary improvements in connection with educational institutions or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation or protection of ancillary improvements in connection with educational institutions, any county, municipality or other political subdivision, public corporation, agency or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:
(1) Lend or donate money to, or perform services for the benefit of the authority;
(2) Donate, sell, convey, transfer, lease or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, including but without limitation, any ancillary improvements or part thereof, and any interest in any thereof; and
(3) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction or operation of ancillary improvements in connection with educational institutions.
(Acts 1966, Ex. Sess., No. 221, p. 308, §15.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-16 - Exemption From Taxation.

Section 16-18-16
Exemption from taxation.
The authority, the property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority and leases, mortgages and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. No license or excise tax may be imposed on any authority in respect of the privilege of engaging in any of the activities authorized by this chapter.
(Acts 1966, Ex. Sess., No. 221, p. 308, §16.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-17 - Freedom of Authority From State Supervision and Control.

Section 16-18-17
Freedom of authority from state supervision and control.
This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. Except as in this chapter expressly otherwise provided, no proceeding, notice or approval shall be required for the incorporation of any authority or the amendment of its certificate of incorporation, the acquisition of any property or ancillary improvements or the issuance of any bonds, mortgage and deed of trust, or trust indenture. Neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority.
(Acts 1966, Ex. Sess., No. 221, p. 308, §17.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-18 - Earnings of Authority.

Section 16-18-18
Earnings of authority.
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 individual, association or corporation, except, that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, then any net earnings thereafter accruing shall be paid to the determining municipality.
(Acts 1966, Ex. Sess., No. 221, p. 308, §18.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-19 - Investments in Bonds of Authority.

Section 16-18-19
Investments in bonds of authority.
Unless otherwise directed by the court having jurisdiction thereof, or by the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust and other fiduciary funds in bonds of the authority.
(Acts 1966, Ex. Sess., No. 221, p. 308, §19.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-20 - Notice of Bond Resolution.

Section 16-18-20
Notice of bond resolution.
Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published once a week for two consecutive weeks, in a newspaper published in the determining municipality, or if there is no newspaper published in the determining municipality then in a newspaper published in the county in which the determining municipality or any part thereof is located, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of the authority:
"____, a public corporation and a political subdivision of the State of Alabama, on the ____ day of ____, authorized the issuance of $____ principal amount of revenue bonds of the said public corporation for purposes authorized in the act of the Legislature of Alabama under which the said public corporation was organized. Any action or proceeding questioning the validity of the said bonds, or the pledge and the indenture to secure the same, or the proceedings authorizing the same, must be commenced within 20 days after the first publication of this notice."
Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in said notice or to contest the validity of any such bonds, or the validity of the pledge and indenture made therefor, must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense questioning or attacking the validity of the said proceedings or of the said bonds or the said pledge or indenture shall be asserted, nor shall the validity of the said proceedings, bonds, pledge or indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.
(Acts 1966, Ex. Sess., No. 221, p. 308, §20.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18 - Public Educational Building Authorities. › Section 16-18-21 - Dissolution of Authority and Vesting of Title to Its Properties.

Section 16-18-21
Dissolution of authority and vesting of title to its properties.
At any time when the authority does not have any bonds outstanding and when there shall be no obligations assumed by the authority that are then outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate of the county in which the authority's original certificate of incorporation was filed, the authority shall thereupon stand dissolved, and in the event it owned any property at the time of its dissolution the title to all its property shall thereupon vest in the determining municipality. In the event the authority shall at any time have outstanding bonds issued hereunder payable out of the revenues from various ancillary improvements, then, as and when the principal of and the interest on all bonds payable, in whole or in part, from the revenues derived from any particular ancillary improvements shall have been paid in full, title to the ancillary improvements with respect to which the bonds so paid in full have been paid shall thereupon vest in the determining municipality, but such vesting of title in the determining municipality shall not affect the title of the authority to any other ancillary improvements the revenues from which are pledged for the payment of any other bonds then outstanding. The formation of one or more authorities under the provisions of this chapter shall not prevent the subsequent formation hereunder of other authorities with respect to the same determining municipality.
(Acts 1966, Ex. Sess., No. 221, p. 308, §21.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-3 - Creation of Authority; Members, Organization, Etc.

Section 16-18A-3
Creation of authority; members, organization, etc.
There is hereby created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authority and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Said authority, however, shall not be a state institution nor a department or agency of the state, but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. The authority shall consist of nine members appointed equally by the Governor, the Lieutenant Governor and the Speaker of the House. Such members shall be appointed in 1979 as follows: Three appointed for a term expiring January 1, 1981; three appointed for a term expiring January 1, 1983; and three appointed for a term expiring January 1, 1985. Thereafter, each member shall be appointed for an eight-year term. The respective appointing authority shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman and another as vice chairman and shall appoint a secretary who need not be a member of the authority. The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority may make rules and regulations for its own government. The authority shall have perpetual existence. At all meetings of the authority the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority.
(Acts 1979, No. 79-322, p. 475, §3.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-6 - Revenue Bonds - Contracts to Secure Payment.

Section 16-18A-6
Revenue bonds - Contracts to secure payment.
As security for payment of the principal and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any property and facilities, owned or controlled and operated by it or under its authority or any part or parts thereof, for the imposition and collection of reasonable rates and rentals for and the promulgation of reasonable regulations respecting the use of property and facilities of the authority and any service furnished therefrom, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that revenues from such property and facilities will be sufficient to cover the cost of all direct operation of such property and facilities by the authority and the maintenance in good condition of such property and facilities, owned and controlled by the authority, the payment of the principal of and interest on any bonds payable from such revenues and the maintenance of such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such property and facilities, and the making of replacements thereof and capital improvements thereto. Any contract pursuant to the provisions of this section may be set forth in any resolution of the authority authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust and trust indenture made by the authority under this chapter.
(Acts 1979, No. 79-322, p. 475, §6.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-7 - Revenue Bonds - Creation of Statutory Mortgage Lien; Recording.

Section 16-18A-7
Revenue bonds - Creation of statutory mortgage lien; recording.
Any resolution of the authority or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the property and facilities, or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the authority of the said trust indenture may provide for the filing of record in the office of the judge of probate of each county in which any property and facilities, or any part thereof, may be located of a notice containing a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such property and facilities, or any thereof, including additions thereto and extensions thereof. Each judge of probate shall receive and record and index any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof.
(Acts 1979, No. 79-322, p. 475, §7.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-8 - Use of Proceeds From Sale.

Section 16-18A-8
Use of proceeds from sale.
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include, but shall not be limited to:
(1) The fiscal, engineering, legal and other expenses incurred in connection with the issuance and sale of the bonds;
(2) In the case of bonds issued to pay costs of the authority, interest on such bonds (or, if a part only of bonds of any series is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction; and
(3) In the case of bonds issued for the purpose of refunding principal and interest or either with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.
(Acts 1979, No. 79-322, p. 475, §8.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-9 - Exemptions From Taxation, Fees and Costs.

Section 16-18A-9
Exemptions from taxation, fees and costs.
The property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages and deeds of trust by and to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow the payment of any fees, taxes or costs to the Secretary of State in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities in this chapter.
(Acts 1979, No. 79-322, p. 475, §9.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-10 - Venue and Jurisdiction.

Section 16-18A-10
Venue and jurisdiction.
The authority's legal situs or residence for the purpose of this chapter shall be Montgomery County. Any action to protect or enforce any rights under the provisions of this chapter, including the validation of obligations issued by the authority as herein permitted, shall be brought in the Circuit Court of Montgomery County, Alabama, and said court shall have exclusive original jurisdiction of all such actions.
(Acts 1979, No. 79-322, p. 475, §10.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-11 - Interest of Bondholders Protected; Enforceability.

Section 16-18A-11
Interest of bondholders protected; enforceability.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such revenue bonds. The provisions of this chapter shall be for the benefit of the state, the authority and the holders of any such revenue bonds, and, upon the issuance of the revenue bonds as herein provided, such provisions shall constitute a contract with the holders of such revenue bonds. The provisions of any bond resolution, indenture or trust agreement shall be a contract with every holder of such revenue bonds and the duties of the authority under any such bond resolution, indenture or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate suit, action or proceeding at law or in equity.
(Acts 1979, No. 79-322, p. 475, §11.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-12 - Moneys Considered Trust Funds.

Section 16-18A-12
Moneys considered trust funds.
All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds for the holders of the bonds and interest coupons thereto appertaining and shall be held and applied for the benefit of the bondholders of the respective issues as provided in this chapter and as provided in the authorizing resolutions of the authority.
(Acts 1979, No. 79-322, p. 475, §12.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18A - Private Colleges and Universities Facilities Authority. › Section 16-18A-13 - Title to Projects.

Section 16-18A-13
Title to projects.
The authority may hold title to any project financed by it but shall not be required to do so.
(Acts 1979, No. 79-322, p. 475, §13.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18B - Alabama Forensic Sciences Bond Authority. › Section 16-18B-1 - Legislative Findings.

Section 16-18B-1
Legislative findings.
The Legislature hereby finds and declares that it is necessary, desirable, and in the public interest that the state provide adequate forensic sciences laboratories and educational facilities for the provision of instruction and research in the field of forensic sciences. It is the intention of the Legislature by the passage of this article to authorize the formation of a public corporation for the purposes of providing for the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of such facilities and to authorize the corporation to provide for payment of the costs of accomplishing the stated purposes by implementing that certain constitutional amendment authorizing the issuance by the state of up to $17,500,000 principal amount of its general obligation bonds, which amendment was proposed by Act 98-337, and by issuing and selling for the state, subject to the approval of the Governor, interest bearing general obligation bonds of the state not in excess of $17,500,000 in principal amount, as authorized by said constitutional amendment.
(Act 98-391, p. 771, §1.)
2023 Code of Alabama › Title 16 - Education. › Chapter 18B - Alabama Forensic Sciences Bond Authority. › Section 16-18B-3 - Authorization and Procedure for Incorporations; Application.

Section 16-18B-3
Authorization and procedure for incorporations; application.
The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer, and the Director of Finance of the state may become a corporation, with the powers and authorities hereinafter provided, by proceeding according to the provisions of this article. To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer, 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 Forensic Sciences Bond Authority;
(4) The location of the principal office of the proposed corporation, which shall be Montgomery, Alabama; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the State of Alabama to take acknowledgments to deeds. 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.
(Act 98-391, p. 771, §3.)