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16-33C-5
Section 16-33C-5 Powers of board. In addition to the powers granted by any other provision
of this chapter, the Savings Board and PACT board shall have, as agents of the State of Alabama,
the powers necessary or convenient to carry out the purposes and provisions of this chapter,
to develop and implement the ABLE Program, ACES Program and the PACT Program, and the powers
delegated by any other law of the state or any executive order thereof including, but not
limited to, the following express powers: (1) To adopt and amend bylaws. (2) To adopt the
rules and regulations necessary to implement the provisions of this chapter either with or
without compliance with the state Administrative Procedure Act. (3) To invest as they deem
appropriate any funds in the plan in any instrument, obligation, security, or property that
constitutes legal investments for public funds in the state, including legal investments for
the State Treasurer and the Alabama Trust Fund, and to name and use...
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16-33C-11
Section 16-33C-11 ACES savings agreements. (a) Each savings agreement made pursuant
to this chapter shall include, but shall not be limited to, the following terms and provisions:
(1) The maximum and minimum annual contributions and maximum account balance allowed on behalf
of a designated beneficiary. (2) Provisions for withdrawals, refunds, transfers, returns of
excess contributions and any penalties. (3) The terms and conditions for remitting contributions,
including, but not limited to, that contributions may be made in cash only. (4) The name,
address, date of birth, and Social Security number of the designated beneficiary on whose
behalf the ABLE or ACES savings account is opened. (5) Terms and conditions for designation
of a substitute beneficiary. (6) Terms and conditions for termination of the account, including
any transfers to the state upon the death of the qualified beneficiary, if applicable, refunds,
withdrawals, transfers, applicable penalties, the name of the person...
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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental
Health is given hereby the following additional and cumulative powers through its commissioner:
(1) It is authorized and directed to set up state plans for the purpose of controlling and
treating any and all forms of mental and emotional illness and any and all forms of mental
retardation and shall divide the state into regions, districts, areas or zones, which need
not be geographic areas, but shall be areas for the purpose of establishing priorities and
programs and for organizational and administrative purposes in accordance with these state
plans. (2) It is designated and authorized to supervise, coordinate, and establish standards
for all operations and activities of the state related to mental health and the providing
of mental health services; and it is authorized to receive and administer any funds available
from any source for the purpose of acquiring building sites for, constructing,...
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16-33C-25
Section 16-33C-25 Administration of programs. (a) In acquiring, investing, reinvesting,
exchanging, retaining, selling, and managing property for the benefit of the ABLE Program
and ACES Program, the Savings Board, and any person, investment manager, or committee to whom
the Savings Board delegates any of its investment authority, shall act as trustee and shall
exercise the judgment and care under the circumstances then prevailing which persons of prudence,
discretion, and intelligence exercise in the management of their own affairs, not in regard
to speculation but to permanent disposition of funds, considering the probable income as well
as the safety of their capital. (b) No Savings Board member nor any person, investment manager,
or committee to whom the Savings Board delegates any of its investment authority who acts
within the standard of care set forth in subsection (a) shall be held personally liable for
any losses, damages, or claims suffered by the ABLE Program or ACES...
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16-33C-6
Section 16-33C-6 PACT Program generally. (a) The PACT Program is established as one
college savings alternative under the plan whereby purchasers enter into PACT contracts for
the future payment of tuition and mandatory fees at eligible educational institutions. The
PACT Program includes the PACT Trust Fund and the PACT Administrative Fund created pursuant
to this chapter. (b) The official location of the trust fund shall be the State Treasurer's
office, and the facilities of the State Treasurer shall be used and employed in the administration
of the fund including, but without limitation thereto, the keeping of records, the management
of bank accounts and other investments, the transfer of funds, and the safekeeping of securities
evidencing investments. The PACT Trust Fund is hereby created as the source for payment of
the PACT Program's obligations under PACT contracts. The amounts on deposit in the PACT Trust
Fund shall not constitute property of the state, and the state may have no...
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16-33C-3
Section 16-33C-3 Definitions. The following terms as used in this chapter shall have
the meanings ascribed to them, unless the context clearly indicates otherwise: (1) ABLE PROGRAM.
The Achieving a Better Life Experience Program established pursuant to this chapter and defined
in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable
federal law, to assist individuals and families to save private funds to support individuals
with disabilities to maintain health, independence, and quality of life. (2) ABLE SAVINGS
ACCOUNT. An individual ABLE trust fund account established by a contributor pursuant to this
chapter to apply distributions from the account toward qualified disability expenses for an
eligible designated beneficiary, both terms as defined in Section 529A of the Internal
Revenue Code of 1986, as amended, or other applicable federal law. (3) ABLE TRUST FUND. The
fiduciary trust fund established pursuant to this chapter comprised of separate and...
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16-6F-9
Section 16-6F-9 Legal status and powers of public charter schools; employees. (a) Legal
status of a public charter school. (1) Notwithstanding any provision of law to the contrary,
to the extent that any provision of this chapter is inconsistent with any other state or local
law, rule, or regulation, the provisions of this chapter shall govern and be controlling.
(2) A public charter school shall be subject to all federal laws and authorities enumerated
herein or arranged by charter contract with the school's authorizer, where such contracting
is consistent with applicable laws, rules, and regulations. (3) Except as provided in this
chapter, a public charter school shall not be subject to the state's education statutes or
any state or local rule, regulation, policy, or procedure relating to non-charter public schools
within an applicable local school system regardless of whether such rule, regulation, policy,
or procedure is established by the local school board, the State Board of...
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24-6-4
Section 24-6-4 Powers and duties; fund; Sunset provision. (a) The commission, in an
advisory capacity, shall be the principal staff agency of the executive branch to provide,
with the cooperation of other departments of state governmental units, a comprehensive housing
program and procedures which include the relevance for housing programs administered by the
state and the governmental structures required to put such programs into effect. The commission,
through its administrator, shall perform all the duties and exercise all the powers and authority
relative to modular housing, manufactured buildings, manufactured housing, and pre-HUD 1976
mobile homes, heretofore vested in the Fire Marshal's Division within the State Department
of Insurance, and other implied powers. All the functions, powers, authority, and duties provided
by law, specifically, but not limited to: Sections 24-5-1 through 24-5-14; 24-5-30 through
24-5-34; and 24-4A-1 through 24-4A-7, all books, records, and supplies,...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the
agency shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in
its corporate name. b. May sue and be sued in its corporate name. c. May adopt, use and alter
a corporate seal, which shall be judicially noticed. d. May enter into such contracts and
cooperative agreements with the federal, state and local governments, with agencies of such
governments, with private individuals, corporations, associations, trusts and other organizations
as the board may deem necessary or convenient to enable it to carry out the purposes of this
chapter, including the planned, orderly residential development of the area. e. May adopt,
amend and repeal bylaws. f. May appoint such managers, officers, employees, attorneys and
agents as the board deems necessary for the transaction of its business, fix their compensation,
define their duties, require bonds of such of them as the board may...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties
necessary to the discharge of its powers and duties in corporate form as follows: (1) Have
succession by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue
and be sued in its own name in civil suits and actions and defend suits against it. (3) Adopt
and make use of a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws
for the regulation and conduct of its affairs and business. (5) Acquire, receive, take, by
purchase, gift, lease, devise, or otherwise, and hold property of every description, real,
personal, or mixed, whether located in one or more counties or municipalities and whether
located within or outside the authorizing county. (6) Make, enter into, and execute contracts,
agreements, leases, and other instruments and take other actions as may be necessary or convenient
to accomplish any purpose for which the authority was organized, or exercise any...
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