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16-17A-19
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...
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16-17A-8
Section 16-17A-8 Powers of authority. (a) An authority shall have and may exercise any power
granted nonprofit corporations under Title 10A, together with all powers incidental thereto
or necessary or desirable to the discharge thereof, including, without limitation, the following
specific powers: (1) To adopt, maintain, and amend bylaws and a corporate seal. (2) To sue
and, subject to the limitations herein, be sued; provided, however, that no authority entitled
to sovereign immunity shall be denied such immunity. (3) To acquire, construct, equip, and
operate those health care facilities it considers necessary or desirable. (4) To enter into
contracts and agreements, borrow money, incur indebtedness, and issue bonds, notes, debt securities,
or any other evidence of indebtedness. (5) To pledge the general credit of the authority or
any revenues or income of the authority to repayment of any of its indebtedness. (6) To mortgage
or pledge its health care facilities or its other assets or...
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16-17A-17
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...
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16-17A-20
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...
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16-17A-18
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...
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16-17A-2
Section 16-17A-2 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) ACADEMIC MEDICAL CENTER. The teaching, research, and clinical
facilities provided, established, or operated by a constitutionally created public university
in the state or a university that operates a school of medicine. (2) AUTHORITY. A public corporation
organized pursuant to the provisions of this chapter. (3) BOARD. The board of directors of
an authority. (4) DIRECTOR. A member of the board of an authority. (5) GOVERNMENTAL ENTITY.
The state, a county, a municipality, or any department, agency, board, or commission of the
state, a county, or a municipality. (6) HEALTH CARE FACILITY. All property or rights in property,
real or personal, tangible or intangible, useful to an authority in its operations, including
without limitation, the following: a. Facilities necessary or desirable to the operation of
an academic medical center, one or more health sciences schools,...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section, the following
words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY.
Any public or private corporation, board, or authority established pursuant to a general or
local law by state, county, or municipal government for the purpose of carrying out a specific
governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county
in the state; any department, agency, board, or commission of a municipality, a county, or
the state; any legislative or regulatory body of the state, or of any municipality or county;
any state, municipal, or county governmental corporation or authority; any state university
or community college, including any publicly funded trade or technical school; the State Board
of Education, and all county, municipal, and city-county public school boards; any state,
county, or municipal hospital boards when such boards are...
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41-10-396
Section 41-10-396 Powers of authority generally. The authority shall have the following powers
among others specified in this article: (1) To have succession by its corporate names until
dissolved as provided in this article; (2) To institute legal proceedings in any court of
competent jurisdiction to enforce its contractual, statutory and other rights; provided that
the authority shall be considered an instrumentality of the State of Alabama and entitled
to the sovereign immunity of the state; provided further, that any claim, demand or action
against the authority, or any of its directors, officers, employees or agents arising out
of their official capacities, shall be presented to the Board of Adjustment, which shall have
exclusive jurisdiction of any such claim, demand or action; (3) To have and to use a corporate
seal and to alter the same at pleasure; (4) To make and alter all needful bylaws, rules and
regulations for the transaction of the authority's business and the control of...
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36-35-2
Section 36-35-2 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) BOARD. The Alabama Prescription Cost Initiative Board created
by Section 36-35-4 to administer the program. (2) COOPERATIVE. A business entity functioning
on a cooperative basis that distributes its income to a particular member in proportion with
that member's use of the cooperative on a patronage basis. (3) DEPARTMENT. Any department,
agency, office, or program administered by the state for which the board or director has negotiated,
or entered an agreement with a pharmacy benefits manager or cooperative to negotiate, a prescription
drug rebate, or discount. (4) EXECUTIVE DIRECTOR. An executive director employed by the board
to administer this chapter and the program. (5) GOVERNMENTAL ENTITY. Any department of the
State of Alabama; any county government or municipal government; any school system, college,
or university; or any public authority. (6)...
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36-29-14
Section 36-29-14 Health insurance coverage under State Employees' Insurance Board; operation
of board. (a) Any agency of the state, or any governmental entity, body, or subdivision thereto,
any county, any municipality, any municipal foundation, any fire or water district, authority,
or cooperative, any regional planning and development commission established pursuant to Sections
11-85-50 through 11-85-73, that is not and was not for the 12 months immediately preceding
the date of application to participate in any plan created pursuant to the provisions of this
article a member of an existing government sponsored health insurance program, formed under
the provisions of Section 11-26-2, the Association of County Commissions of Alabama or the
Alabama League of Municipalities, the Alabama Retired State Employees' Association, the Alabama
State Employees Credit Union, Easter Seals Alabama, Alabama State University, the Alabama
Rural Water Association, Rainbow Omega, Incorporated, The Arc...
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