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11-80-13
Section 11-80-13 Cemetery rehabilitation authorities. (a)(1) County commissions may establish
a county cemetery rehabilitation authority, hereinafter authority, to designate, register,
and maintain neglected cemeteries lying outside any municipal area within the county. (2)
When a county commission establishes an authority, it shall appoint a board to oversee the
duties given to the authority. Each board member shall serve at the pleasure of the county
commission. (3) City governments have the same power to establish a city cemetery rehabilitation
authority and a board to oversee the registration and maintenance of neglected cemeteries
within their municipal limits. (4) Governments are encouraged to include on their board representatives
of genealogical and historical societies and other citizens who have shown an interest in
preserving cemeteries. (b) In the absence of action by the appropriate governing body, any
citizen may submit, in writing, a request to the appropriate governing...
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27-17A-13
Section 27-17A-13 Monies to be placed in trust; compliance by pre-existing preneed contracts.
(a) Except as provided in Sections 27-17A-3 and 27-17A-14, every preneed contract shall require
the monies paid to the seller or trustee to be placed in trust in accordance with Article
3, for funeral merchandise and services sold by funeral establishments or third party sellers,
or Article 4, for cemetery merchandise and services sold by cemetery authorities. (b) Although
this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed
provider which contends that a preneed trust fund which was in effect prior to May 1, 2002,
complies with this chapter with respect to the contracts entered into prior to May 1, 2002,
may provide to the commissioner documentary proof thereof. Upon the commissioner determining
that compliance has been established, the pre-existing preneed trust fund assets may be merged
with or into the trust fund required under this chapter or...
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41-10-755
Section 41-10-755 Bonds of the authority. (a) General. The authority is authorized from time
to time to sell and issue its bonds for the purpose of providing funds to be transferred to
and deposited in the Alabama Trust Fund and the Rainy Day Account, to provide additional funds
to the Alabama Medicaid Agency, for paying the costs of transportation projects, and for the
purpose of refunding any or all of the authority's outstanding bonds. (b) Sources of payment.
Bonds issued by the authority shall be solely and exclusively an obligation of the authority
and shall not create an obligation or debt of the state. Such bonds shall not be general obligations
of the authority but shall be payable solely from one or more of the following sources: (1)
Appropriated funds. (2) The income or proceeds realized by the authority under any mortgage
or security granted to the authority. (3) Amounts derived from any letter of credit, insurance
policy, or other form of credit enhancement applicable to...
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19-3C-4
Section 19-3C-4 Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may
appropriate for expenditure or accumulate so much of an endowment fund as the institution
determines is prudent for the uses, benefits, purposes, and duration for which the endowment
fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment
fund are donor-restricted assets until appropriated for expenditure by the institution. In
making a determination to appropriate or accumulate, the institution shall act in good faith,
with the care that an ordinarily prudent person in a like position would exercise under similar
circumstances, and shall consider, if relevant, the following factors: (1) the duration and
preservation of the endowment fund; (2) the purposes of the institution and the endowment
fund; (3) general economic conditions; (4) the possible effect...
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41-10-46.01
Section 41-10-46.01 Investment by qualified funds. (a) Any qualified fund may invest at least
three percent of its corpus in one or more approved opportunity funds. (b) The following terms
shall have the following meanings: (1) "ADECA" shall mean the Department of Economic
and Community Affairs. (2) "Approved opportunity fund" shall mean any fund approved
by ADECA as meeting all of the following: a. ADECA determines that the fund has the capacity
to improve Alabama's low-income opportunity zone communities by approving an application showing
all of the following: 1. The amount of existing committed capital or potential to raise committed
capital. 2. The investment track record or strength of the applicant's management team. 3.
The existing project pipeline or strategy for developing new pipeline. 4. The fund structure
and anticipated returns within that fund structure. 5. The presence of sound legal, accounting,
and compliance policies and procedures. 6. A strategy for measuring,...
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19-3C-2
Section 19-3C-2 Definitions. In this chapter: (1) CHARITABLE PURPOSE means the relief of poverty,
the advancement of education or religion, the promotion of health, governmental or municipal
purposes, or other purposes the achievement of which is beneficial to the community. (2) ENDOWMENT
FUND means an institutional fund or part thereof that, under the terms of a gift instrument,
is not wholly expendable by the institution on a current basis. The term does not include
assets that an institution designates as an endowment fund for its own use. (3) GIFT INSTRUMENT
means a record or records, including an institutional solicitation, under which property is
granted to, transferred to, or held by an institution as an institutional fund. (4) INSTITUTION
means: (A) a person, other than an individual, organized and operated exclusively for charitable
purposes; (B) a government or governmental subdivision, agency, or instrumentality, to the
extent that it holds funds exclusively for a charitable...
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41-10-326
Section 41-10-326 Special funds for payment of bonds, insurance, and other expenses. In the
resolution or proceedings authorizing the issuance of any bonds or any temporary loan or in
any indenture of trust, the authority may provide for the establishment of one or more special
funds for the payment of the principal of, or interest on, the bonds or notes, one or more
reserve funds therefor and a fund, or funds, for the payment of insurance premiums or other
expenses with respect to the ownership and leasing of the facilities. Any such special funds
shall be held as trust funds pursuant to agreement with such trustee bank or banks as may
be designated by the commission. The authority shall establish and maintain appropriate records
pertaining to such funds. Such records shall be available at all reasonable times to public
inspection. (Acts 1986, No.86-546, p. 1093, ยง27.)...
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16-16B-8
Section 16-16B-8 (Implementation Conditioned on Separate Legislative Enactment.) Refunding
bonds. For the purpose of refunding any Bonds or Refunding Bonds of the Authority issued under
the provisions of this chapter, the 1965 Act, the 1971 Acts, the 1973 Act, the 1978 Act, the
1985 Act, the 1990 Act, the 1995 Act, the 1998 Act, the 1999 Act, the 2001 Act, the 2002 Act,
the 2003 Act, the 2007 Act or any other act previously enacted, or any combination thereof,
whether such refunding shall occur before, at or after the maturity of the Bonds refunded
and for the purpose of paying all premiums and expenses of such refunding (including, but
not limited to, attorneys' fees, costs of printing the Refunding Bonds, fiscal agents' fees,
and accountants' fees), the Authority is hereby authorized to sell and issue its Refunding
Bonds. Such Refunding Bonds may be sold and issued from time to time, at public sale, on sealed
bids and on such other terms and conditions as the Authority shall...
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22-21-323
Section 22-21-323 Source of payment; security. (a) Securities issued by an authority shall
not be general obligations of the authority but shall be payable solely out of the revenues
from any health care facilities or other properties or assets (including, without limitation,
proceeds from such securities, investment income and insurance and condemnation proceeds)
owned or operated by it and the proceeds of any hospital tax appropriated, apportioned or
allocated to it or for its benefit, or any portion of either thereof, all as may be provided
or specified in the resolution of the board authorizing such securities or the indenture under
which issued. The principal of and interest (and premium, if any) on any securities issued
by the authority shall be secured by a pledge of the revenues or taxes (or both) out of which
the same are payable and may be secured by a trust indenture evidencing such pledge or by
a foreclosable mortgage, mortgage indenture or mortgage and trust indenture...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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