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33-1-2
Section 33-1-2 Alabama State Port Authority. There shall be a state agency known as the Alabama
State Port Authority, hereinafter sometimes referred to as the port authority. Notwithstanding
any other provision of law, whenever any act, section of this code, or any other provision
of law refers to the Alabama State Docks Department, it shall be deemed a reference to the
Alabama State Port Authority. The port authority shall promote, supervise, control, manage,
and direct the state docks and all other state lands included within the jurisdiction of this
chapter. The port authority shall be constituted as provided in this chapter, and it shall
maintain and operate all the improvements and facilities authorized by this chapter. (Acts
1955, No. 103, p. 345, § 1; Act 2000-598, p. 1199, § 2.)...
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33-1-18
Section 33-1-18 Sales of submerged lands and made lands lying under or abutting tidal waters.
(a) The Director of the Alabama State Port Authority is vested with power and authority to
obtain and negotiate a sale of any submerged lands and made lands claimed or owned by the
state, which lands are under or were formerly under any of the tidal waters of the State of
Alabama, or which lands abut such tidal waters; provided, however, that if such lands abut
or adjoin in whole or in part any uplands then no such sale shall be made to any purchaser
other than the owner of such uplands, except a sale of so much of said land as may be used
and occupied by such purchaser without interfering with the riparian rights appurtenant to
such uplands, unless the owner of such uplands relinquishes such rights by appropriate instrument
made in connection with such sale; and except that such sales may be made to a public body
of the submerged or made land upon which docks or wharves have been constructed...
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33-1-5
Section 33-1-5 Officers and employees; employee compensation plan. (a) All employees and officers
of the Alabama State Port Authority, except the director, executive level employees hired
pursuant to Section 33-1-3, and those exempt under Section 36-26-10, shall be subject to the
provisions of the state Merit System law with respect to the method of selection, classification,
and compensation of state employees. Sections 33-1-5.1 and 33-1-5.2 shall apply to the director
and the non-merit system executive level employees, including their spouses and dependents;
however, nothing in Act 2000-598 shall be construed to alter or modify Sections 33-1-5.1 and
33-1-5.2. (b) Persons employed by the Alabama State Docks Department on August 1, 2000, shall
continue to have precisely the same rights and benefits as they now have under the Merit System
and under the State Employees' Retirement System and all other benefits that they had on August
1, 2000. (c) The Alabama State Port Authority may...
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33-1-8
Section 33-1-8 Board of directors. (a)(1) The port authority shall be governed by a board of
directors, consisting of eight appointed members and one ex officio member. a. The Governor
shall appoint eight members subject to confirmation by the Senate as follows: b. Two members
from the southern region of this state consisting of the following counties: Baldwin, Choctaw,
Clarke, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington, and Wilcox.
c. Two members from the central region of this state consisting of the following counties:
Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw,
Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, Montgomery, Pike, Russell, Randolph,
Tallapoosa, and Tuscaloosa. d. Two members from the northern region of this state consisting
of the following counties: Winston, Clay, Cullman, Cleburne, Colbert, Pickens, Shelby, St.
Clair, Sumter, Talladega, Etowah, Walker, Morgan, Marion, Marshall,...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws
for the regulation and conduct of its affairs and business; (5) To acquire, receive, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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33-2-212
Section 33-2-212 Report attesting to actual deficiency; adjustment of amount previously transferred;
transfer to State General Fund. Within 20 days after the close of any quarter of any fiscal
year during which moneys have been transferred and paid to the Alabama State Port Authority
pursuant to a notification of expected deficiency as described in Section 33-2-211, a written
report shall be filed by the Director of the Alabama State Port Authority with the Director
of Finance supported by such documentation as may be deemed appropriate by the Director of
Finance, attesting to the amount of the actual deficiency, if any, incurred during that quarter
by the Alabama State Port Authority respecting its facilities, computed by subtracting the
sum of the revenues actually derived by the Alabama State Port Authority from the operation
of its facilities for that quarter and those moneys actually made available during that quarter
to the Alabama State Port Authority pursuant to Section...
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33-1-41
Section 33-1-41 Obligations. Each and every existing obligation of the Alabama State Docks
Department, now known as the Alabama State Port Authority, whether bonded indebtedness, contractual
obligation, obligations under collective bargaining agreements, or otherwise, shall remain
in full force and effect to precisely the same extent as the obligation exists on August 1,
2000. The Alabama State Docks Department, now known as the Alabama State Port Authority, shall
have precisely the same power under applicable law to issue and sell bonds hereafter as it
has on August 1, 2000. (Act 2000-598, p. 1199, §6.)...
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33-2-213
Section 33-2-213 Use of amounts transferred. Any provision of or implication in this article
to the contrary notwithstanding, no amount transferred and paid to the Alabama State Port
Authority pursuant to this article may be pledged by the port authority to pay principal of
or interest on any bonds or other obligations issued by or for the benefit of the port authority;
nor shall this article be deemed to constitute a contract between the state or the port authority
and the holders of any bonds or other obligations heretofore or hereafter issued by or for
the benefit of the port authority, it being understood as follows: (1) That no holders shall
be deemed beneficiaries of this article or any of the appropriations, payments or transfers
provided for herein (which such appropriations shall be subject to proration in accordance
with law). (2) That the amounts herein appropriated and ordered transferred and paid to or
for the benefit of the port authority constitute mere voluntary...
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33-2-210
Section 33-2-210 Creation and funding of Alabama State Docks Facilities Contingency Trust Fund.
Beginning with the fiscal year commencing on October 1, 1987, the first nine million five
hundred thousand dollars ($9,500,000) of the net amount of all taxes required to be deposited
to or certified into the State Treasury to the credit of the State General Fund pursuant to
Section 40-20-8, during each quarter of each fiscal year shall be credited to an account to
be established in the State Treasury and known as the Alabama State Docks Facilities Contingency
Trust Fund. All funds deposited in the State Treasury to the credit of the Alabama State Docks
Facilities Contingency Trust Fund are to the extent set out herein appropriated to the Alabama
State Port Authority and shall be transferred to the port authority upon the making by the
Director of Finance of the factual determinations hereinafter provided for. In no case shall
the amount transferred and paid out of the Alabama State Docks...
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2-2-8.1
Section 2-2-8.1 Promotion of economic and industrial development. (a) The Commissioner of the
State Department of Agriculture and Industries, or an employee designated in writing by the
commissioner, in order to promote economic and industrial development in this state, may expend
the funds of the department in such a manner as the commissioner deems appropriate to entertain
economic development prospects, to promote public relations with the prospects, and for other
public purposes. (b) All funds expended pursuant to this section shall be subject to the same
auditing and accounting procedures as used for the Alabama Development Office and the Alabama
State Port Authority for comparable functions and expenditures and as otherwise provided by
law. (Act 2007-392, p. 785, §1.)...
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