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41-14A-2
Section 41-14A-2 Definitions. As used in this chapter, the following words and terms
shall have the following meanings: (1) AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS. The sum
of the average daily balances of public deposits, meaning the net average daily balances of
public deposits determined without any deduction for deposit insurance, for the reported month
and the 11 months preceding that month, divided by 12. (2) BOARD OF DIRECTORS or BOARD. The
Board of Directors of the SAFE Program established under Section 41-14A-6. The board
of directors shall consist of eight members. (3) COLLATERAL-PLEDGING LEVEL or COLLATERAL-PLEDGING
REQUIREMENT. The percentage or percentages of collateral, in relation to one or more levels
of public deposits held, required to be pledged by a qualified public depository as determined
in accordance with the provisions of this chapter or rules or orders of the board adopted
pursuant to this chapter. (4) COVERED PUBLIC ENTITY. The state and its political...
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41-14A-9
Section 41-14A-9 Procedures for payment of losses. (a) When the State Treasurer becomes
aware that a default or insolvency has occurred, the State Treasurer shall provide notice
as required in subsection (b) and implement the following procedures: (1) The State Treasurer
shall obtain information from the Superintendent of Banks of the State Banking Department
or the receiver of the qualified public depository in default in order to ascertain the amount
of funds of each public depositor on deposit at such depository and the amount of deposit
insurance applicable to such deposits. (2) The potential loss to public depositors shall be
calculated by compiling claims received from public depositors. The State Treasurer shall
validate claims of public depositors who filed claims under subsection (b) and which have
been confirmed under subdivision (1). (3) The loss to public depositors shall be satisfied,
insofar as possible, first through any applicable deposit insurance and then through the...
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41-14A-3
Section 41-14A-3 Public deposits to be secured; exemptions. (a) On and after January
1, 2001: (1) All public deposits of all covered public entities and covered public officials
shall be governed by this chapter and shall be secured as provided in this chapter. (2) All
public depositors shall, notwithstanding any other laws to the contrary, place their public
deposits with one or more qualified public depositories in accordance with this chapter. Notwithstanding
the foregoing, funds placed in interest-bearing deposits through a qualified public depository
pursuant to subsection (c) shall be exempt from the other requirements of this chapter. (3)
All financial institutions shall file the reports required by this chapter or by rule, regulation,
or order of the board of directors and all financial institutions accepting any public deposits
shall be a qualified public depository and shall comply with all provisions of this chapter,
including, without limitation, the collateral pledging...
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41-14A-6
Section 41-14A-6 Establishment of SAFE board of directors; powers and duties of the
board of directors. (a) There is hereby established a Board of Directors of the SAFE Program
charged with responsibility and authority to assess and manage the sufficiency of the collateral
pool and the SAFE Program to provide adequate protection from losses to public depositors.
In exercising its powers and performing its responsibilities, the board of directors shall
constitute a body politic under the laws of the state performing the public function of assuring
the safety of public deposits. (b) The State Treasurer shall be a permanent, standing, voting
member of the board of directors and shall serve as its chair. The Superintendent of Banks
shall be a permanent, standing, non-voting member of the board of directors. The remaining
six members shall each possess knowledge, skill, and experience in one or more of the following
areas: (1) Financial analysis. (2) Trend analysis. (3) Accounting. (4)...
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41-14A-10
Section 41-14A-10 SAFE Loss Payment Fund. (a) In order to facilitate the administration
of this chapter, there is created the SAFE Loss Payment Fund, which shall be held and administered
by the State Treasurer, for the account of the SAFE Program, separate and apart from the State
General Fund. The proceeds from the sale of securities pledged as collateral or from any assessment
pursuant to Section 41-14A-9 shall be deposited into the Loss Payment Fund. The amounts
on deposit in the Loss Payment Fund shall be disbursed as necessary in accordance with the
provisions of this chapter in order to pay losses to public depositors and for such other
purposes as may be expressly provided for in this chapter. (b) The State Treasurer is authorized
to pay any losses to public depositors from the Loss Payment Fund. The term "losses,"
for purposes of this chapter, shall also include losses of interest or other accumulations
to the public depositor as a result of penalties for early withdrawal...
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41-14-35
Section 41-14-35 Security for deposits or accounts. (a) All public deposits, as defined
in Chapter 14A, of the state shall be secured to the extent and in the manner provided in
Chapter 14A by any combination of the following securities and instruments, which may be issued
and held in either definitive or book-entry form: Direct obligations of the State of Alabama
or any other state of the United States; obligations of the United States government or that
are fully guaranteed as to payment of principal and interest by the United States; obligations
issued or guaranteed by any agency or instrumentality of the United States, including, without
limitation, the Government National Mortgage Association or any successor thereto, any Federal
Farm Credit Bank or any successor thereto, the Federal Housing Finance Board or any successor
thereto, the Federal Home Loan Bank System or any successor thereto, or any Federal Home Loan
Bank or any successor thereto; debt obligations, including, without...
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23-7-2
Section 23-7-2 Definitions. For the purposes of this chapter, the following words shall
have the following meanings: (1) BANK. The Alabama Transportation Infrastructure Bank. (2)
BOARD. The board of directors of the bank. (3) BONDS. Includes bonds, notes, or other evidence
of indebtedness except as otherwise provided in this chapter. (4) DEPARTMENT or DEPARTMENT
OF TRANSPORTATION. The Alabama Department of Transportation. (5) ELIGIBLE COST. As applied
to a qualified project to be financed from the federal highway account, the costs that are
permitted under applicable federal laws, requirements, procedures, and guidelines in regard
to establishing, operating, and providing assistance from the bank. As applied to a qualified
project to be financed from the state highway account, these costs include the costs of preliminary
engineering, traffic, and revenue studies; environmental studies; right-of-way acquisition;
legal and financial services associated with the development of the...
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41-14A-7
Section 41-14A-7 Disciplinary actions against qualified public depositories for violations
of this chapter. (a) The board of directors shall have the authority to establish by rule
or regulation conditions and procedures under which qualified public depositories may be suspended
or disqualified and assessed administrative penalties in lieu of suspension or disqualification
for violations of this chapter or violations of the board's standards, rules, regulations,
and orders pursuant to this chapter. The State Treasurer shall have the authority to require
that qualified public depositories violating this chapter or any of the board's standards,
rules, regulations, and orders make restitution, with interest at the legal rate, for losses
of public depositors or to the Loss Payment Fund, and to issue cease and desist orders against
any qualified public depository violating or believed to be violating any provisions of this
chapter or any of the board of directors' or the State Treasurer's...
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41-14A-5
Section 41-14A-5 Collateral for public deposits; general provisions. (a) Every qualified
public depository shall maintain on deposit with a custodian, to be held subject to the order
of the State Treasurer or the State Treasurer's designee (which may be a financial institution
designated by the State Treasurer), eligible collateral having a market value equal to or
in excess of the amount of collateral required under this section. (b) Each qualified
public depository shall be required to pledge collateral, in accordance with procedures established
by the board of directors, equal to or exceeding the greater of the following: (1) The generally
applicable pledging requirement; and (2) the applicable percentage of the qualified public
depository's net average daily balance of public deposits established under rules or orders
adopted pursuant to subsection (c) or subsection (d) below. (c) The State Treasurer may, from
time to time, in his or her discretion require that certain qualified...
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41-10-541
Section 41-10-541 Definitions. (a) The following words and phrases used in this division,
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) APPROPRIATED
FUNDS. Net TVA payments to the extent such payments are pledged and appropriated to the authority
pursuant to Section 41-10-550. (2) AUTHORITY. The public corporation organized pursuant
to this division. (3) AUTHORITY GUARANTY. An agreement of the authority pursuant to which
the payment of debt service referable to bonds, notes, or other evidences of indebtedness
of a development agency is guaranteed by the authority. (4) AUTHORITY OBLIGATIONS. Bonds of
the authority and authority guaranties. (5) AUTHORITY-GUARANTEED OBLIGATIONS. Bonds, notes,
or other evidences of indebtedness of a development agency that are issued solely for the
purpose in financing a project and that are guaranteed, in whole or in part,...
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