Code of Alabama

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27-17A-43
Section 27-17A-43 Cancellation of contract; withdrawal from trust fund. (a) Upon cancellation
of a preneed contract by mutual agreement between the seller and purchaser, or upon unilateral
cancellation of a preneed contract by the seller by reason of default on the part of the purchaser,
or other valid cancellation by reason of transfers to another seller or otherwise, the seller
may, upon submission of a certification under oath by a responsible officer of the seller
to the trustee, withdraw from the Cemetery Merchandise and Services Trust Fund and retain
an amount equal to the amount of all funds contributed to the trust fund with respect to the
preneed contract. Any trustee accepting preneed contract proceeds under this article may rely
on the seller's certification under oath as required herein to be made, and shall not be liable
to anyone for such reliance. (b) At such time as the seller undertakes to perform its obligations
under a preneed contract by delivery or installation, or...
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27-17A-22
Section 27-17A-22 Violations and penalties. (a)(1) A person who knowingly receives payments
for a preneed contract without having a valid certificate of authority: a. Commits a Class
B felony, punishable as provided by law, as to each contract on which the payments collected
equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500). b. Commits
a Class C felony, punishable as provided by law, as to each contract on which the payments
collected are between, in the aggregate, five hundred dollars ($500) and two thousand five
hundred dollars ($2,500). c. Commits a Class A misdemeanor, punishable as provided by law,
as to each contract on which the payments collected do not exceed, in the aggregate, five
hundred dollars ($500). (2) In addition to the criminal penalty imposed under subdivision
(1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain
a certificate of authority or register as a preneed sales agent. (b)(1) A person who...
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4-3-54
Section 4-3-54 Bonds - Security for payment of principal and interest. In the discretion of
the authority, any bonds may be issued under and secured by an indenture between the authority
and a trustee. Said trustee may be a private person or corporation, including, but not limited
to, any trust company or bank having trust powers, whether such bank or trust company is located
within or without the state. In any such indenture or resolution providing for the issuance
of bonds, the authority may pledge for payment of the principal of and the interest on such
bonds any of its revenues, rents, income or funds to which its right then exists or may thereafter
come into existence and may assign, as security for such payment, any of its leases, franchises,
permits and contracts and, in any such indenture, the authority may mortgage any of its properties,
including any that may be thereafter acquired by it. Any such pledge of revenues shall be
valid and binding from the time it is made, and the...
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41-10-314
Section 41-10-314 Investment of trust funds in bonds of authority. Any trust fund, where the
investment thereof is permitted or required by law, may be invested in bonds issued by the
authority. Unless otherwise directed by the court having jurisdiction thereof or the document
which is the source of authority, a trustee, executor, administrator, guardian or one acting
in any other fiduciary capacity may, in addition to any other investment powers conferred
by law and with the exercise of reasonable business prudence, invest trust funds in the bonds
of the authority. (Acts 1986, No. 86-546, p. 1093, §15.)...
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22-12B-4
Section 22-12B-4 Unobligated fund balance shall automatically carry forward into succeeding
fiscal year. Any unobligated balance in the Alabama Mothers and Babies Indigent Care Trust
Fund shall not revert to the General Fund at the end of any state fiscal year but shall be
automatically carried forward into each succeeding state fiscal year in said trust fund. The
moneys in such fund shall be disbursed under the authority of the Alabama Mothers and Babies
Indigent Care Trust Fund Board and shall be used exclusively on behalf of persons eligible
under the Alabama Medicaid Program. (Acts 1987, No. 87-707, p. 1245, §4.)...
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40-26B-73
Section 40-26B-73 Hospital Assessment Account. (a)(1) There is created within the Health Care
Trust Fund referenced in Article 3 of Chapter 6 of Title 22 of a designated account known
as the Hospital Assessment Account. (2) The hospital assessments imposed under this article
shall be deposited into the Hospital Assessment Account. (3) If the Medicaid Agency begins
making payments under Article 9 of Chapter 6 of Title 22, while Act 2017-382 is in force,
the hospital intergovernmental transfers imposed under this article shall be deposited into
the Hospital Assessment Account. (b) Moneys in the Hospital Assessment Account shall consist
of: (1) All moneys collected or received by the department from privately operated hospital
assessments imposed under this article; (2) Any interest or penalties levied in conjunction
with the administration of this article; and (3) Any appropriations, transfers, donations,
gifts, or moneys from other sources, as applicable; and (4) If the Medicaid Agency...
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16-54-18
Section 16-54-18 Fund previously generated by proceeds from lands dedicated to university to
be deposited in Restricted Endowment Fund; provisions for payment of remaining principal over
five-year-period; interest to be paid. On May 19, 1980, the Treasurer of the state shall pay
to the Treasurer of the University of Montevallo the whole amount of the fund in the Treasury
generated by proceeds from both federally granted and other lands dedicated to the benefit
of the University of Montevallo. These funds shall be deposited into the University of Montevallo
Restricted Endowment Fund. On October 1, 1996, and on October 1 of each of the next four fiscal
years, the State Treasurer shall pay to the Treasurer of the University of Montevallo one-fifth
of the remaining principal sum of proceeds not heretofore transferred, which were derived
and generated from the sales of federal lands granted by the United States Congress to the
State of Alabama for the express support of the University of...
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41-10-504
Section 41-10-504 Bonds of authority eligible for investment of trust funds. Any trust fund,
where the investment thereof is permitted or required by law, may be invested in bonds issued
by the authority. Unless otherwise directed by the court having jurisdiction thereof or the
document which is the source of authority, a trustee, executor, administrator, guardian or
one acting in any other fiduciary capacity may, in addition to any other investment powers
conferred by law and with the exercise of reasonable business prudence, invest trust funds
in the bonds of the authority. (Acts 1990, No. 90-603, p. 1094, §15.)...
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11-50A-20
Section 11-50A-20 Trust agreement. In the discretion of the authority, any issue of bonds may
be secured by a trust agreement or indenture made by the authority with a corporate trustee,
which may be any trust company or bank within or without the state having the powers of a
trust company. The trust agreement or indenture may pledge or assign any revenues to be received
by the authority and any proceeds which may be derived from the disposition of any real or
personal property of the authority or proceeds of insurance carried thereon. The resolution
providing for the issuance of bonds and the trust agreement or indenture may contain any provisions
the authority deems necessary or appropriate for protecting and enforcing the rights and remedies
of the bondholders, including the right of appointment of a receiver upon default in the payment
of any principal or interest obligation and the right of any receiver or trustee to enforce
collection of any rates, fees, tolls, charges, or...
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11-86A-15
Section 11-86A-15 Security for bonds. (a) In the discretion of the board of directors of an
authority, any bonds may be secured by an indenture between an authority and a trustee, which
may be a trust company or bank having trust powers, whether the trust company or bank is located
within or outside of the state. In any indenture or resolution providing for the issuance
of bonds, an authority may pledge, for payment of the principal of and the interest on such
bonds, any of its revenues to which its rights exist or may thereafter come into existence,
and may assign, as security for payment, any of its leases, franchises, permits, and contracts.
In any indenture, an authority may mortgage any properties, including any that may be thereafter
acquired by it, and may provide that in the event of a default in payment of the bonds secured
thereby or in the event of default with respect to any agreement contained therein, the mortgage
may be foreclosed either by sale at public outcry or by...
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