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19-3B-807
Section 19-3B-807 Delegation by trustee. (a) A trustee may delegate duties and powers that
a prudent trustee could properly delegate under the circumstances. The trustee shall exercise
reasonable care, skill, and caution in: (1) selecting an agent; (2) establishing the scope
and terms of the delegation, consistent with the purposes and terms of the trust; and (3)
periodically reviewing the agent's actions in order to monitor the agent's performance and
compliance with the terms of the delegation. (b) In performing a delegated function, an agent
owes a duty to the trust to exercise reasonable care, skill, and caution to comply with the
terms of the delegation. (c) A trustee who complies with subsection (a) is not liable to the
beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject
to the law of this state, an agent submits to the jurisdiction of the courts...
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25-4-30
Section 25-4-30 Administration and composition. There shall be as a special fund, separate
and apart from all public moneys or funds of this state, an Unemployment Compensation Trust
Fund, which shall be administered by the secretary exclusively for the purposes of this chapter
without liability on the part of the state beyond the amounts paid into and earned by the
fund. This fund shall consist of: (1) All contributions paid in or collected under this chapter;
(2) Interest earned upon any moneys in the fund; (3) Any property or securities acquired through
the use of moneys belonging to the fund; (4) All earnings of such property or securities;
(5) Any money received from the federal unemployment account in the unemployment trust fund
in accordance with Title XII of the Social Security Act; (6) All money credited to this state's
account in the unemployment trust fund pursuant to Section 903 of the Social Security Act,
as amended; and (7) All money received for the fund from any other...
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25-5-316
Section 25-5-316 Workers' Compensation Administrative Trust Fund; creation; management; trustee
and custodian; assessments; penalties. (a) There is established in the State Treasury a fund
entitled the Workers' Compensation Administrative Trust Fund, into which shall be deposited
certain assessments provided under Chapter 5 (commencing with Section 25-5-1) of Title 25
collected by the Department of Labor. The fund shall constitute a separate fund to be disbursed
by the state Comptroller on order of the Secretary of the Department of Labor. All expenses
incurred by the department under the Workers' Compensation Law, including the salaries of
all employees, travel cost, and any other cost of administration and enforcement as may become
necessary, either within or without the state, shall be paid from the separate fund in the
State Treasury upon warrants of the state Comptroller drawn upon the State Treasury from time
to time when vouchers therefor are approved by the secretary. The State...
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9-15-82
Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc. (a) This
article shall not apply to the transfers of real property between departments, boards, bureaus,
commissions, institutions, corporations, or agencies of the state. These transfers may be
made by mutual agreements between the chief executive officers of the respective departments
with the approval of the Governor. This article shall not apply to the leasing or sale of
timber from unused lands under Section 9-15-1 et seq.; to the leasing or sale of timber from
school lands and swamp and overflowed lands under Section 9-15-30 et seq.; to the leasing
of oil, gas, and other minerals under Section 9-17-60 et seq.; real property sold by the Department
of Revenue under tax sales and redemptions; to the sale of property by the Alabama Historical
Commission under Section 41-9-249(7); to reversions made under Section 31-4-18; to the sale
or conveyance of real property by the Alabama Housing Finance...
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11-62-1
Section 11-62-1 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, in the absence of clear implication
herein otherwise, be given the following respective interpretations herein: (1) AUTHORITY.
Any public corporation organized pursuant to this chapter. (2) AUTHORIZED PURPOSE OBLIGATION.
The term includes either of the following: a. Any lease, note, installment sale contract,
or any other obligation of a user, whether general or special, which was entered into, made,
assumed, or otherwise incurred by the user, in whole or in part, for the purpose of financing
the acquisition or ownership of one or more facilities, for the purpose of obtaining funds
with which to operate one or more facilities or for any combination of those purposes. b.
Any obligation of any kind which was entered into, made, assumed, or otherwise incurred by
the United States of America or any department, agency, or instrumentality...
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16-33C-24
Section 16-33C-24 ABLE Program generally. (a) The ABLE Program includes the ABLE Trust Fund,
and may be marketed under a different name than ABLE. The ABLE Trust Fund is hereby created
and comprised of separate ABLE Savings Accounts established pursuant to this chapter. The
ABLE Trust Fund receives contributions to ABLE Savings Accounts. One or more persons may make
contributions to an ABLE Savings Account. (b) Available sources of funds, public or private,
including any administrative fees received from ABLE contracting parties, shall be deposited
in the State Treasury Operations Fund. All ABLE Program expenses, including operating, administrative
and marketing, shall be paid from the State Treasury Operations Fund. For reporting purposes,
ABLE Program expenses will be segregated by unit or such other accounting method as provided
in the State's STAARS system, or similar system. (c) Property and income of the ABLE Program
and ABLE Trust Fund shall be exempt from all taxation by the...
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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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16-44A-31
Section 16-44A-31 Citizenship Trust established. (a) The State of Alabama hereby establishes
and authorizes the Citizenship Trust, herein referred to as the "trust." (b) The
purpose of the trust is to strengthen and renew the foundation of American liberty and self-government
through citizenship education. The trust shall provide students with high quality educational
programs, learning experiences, and resources inside and outside the classroom which enhance
their understanding and appreciation of the principles of American citizenship, and knowledge
of the Constitution, Bill of Rights, and other essential foundations of the American Republic,
and which encourage them to serve and lead their communities, state, and nation as active,
responsible, informed, and law-abiding citizens. Programs shall be focused on improving student
learning and achievement in the critical academic areas of American history, government, civics,
and citizenship. (c) The trust shall encourage voluntary,...
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19-3B-706
Section 19-3B-706 Removal of trustee. (a) The settlor, a co-trustee, or a beneficiary may request
the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) The court may remove a trustee if: (1) the trustee has committed a serious breach of trust;
(2) lack of cooperation among co-trustees substantially impairs the administration of the
trust; (3) because of unfitness, unwillingness, or persistent failure of the trustee to administer
the trust effectively, the court determines that removal of the trustee best serves the interests
of the beneficiaries; or (4)(A) there has been a substantial change of circumstances or removal
is requested by all of the qualified beneficiaries; (B) the court finds that removal of the
trustee best serves the interests of all of the beneficiaries and is not inconsistent with
a material purpose of the trust; and (C) a suitable co-trustee or successor trustee is available.
(c) Pending a final decision on a request to...
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19-3B-808
Section 19-3B-808 Powers to direct. (a) While a trust is revocable, the trustee may follow
a direction of the settlor that is contrary to the terms of the trust. (b) If the terms of
a trust confer upon a person other than the settlor of a revocable trust power to direct certain
actions of the trustee, then the trustee shall act in accordance with an exercise of the power
unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee
knows the attempted exercise would constitute a serious breach of a fiduciary duty that the
person holding the power owes to the beneficiaries of the trust. (c) The terms of a trust
may confer upon a trustee or other person a power to direct the modification or termination
of the trust. (d) A person, other than a beneficiary, who holds a power to direct is presumptively
a fiduciary who, as such, is required to act in good faith with regard to the purposes of
the trust and the interests of the beneficiaries. The holder of a...
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