Code of Alabama

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11-104-4
Section 11-104-4 Trustees. (a) A governmental entity or entities may retain as a trustee any
financial institution, committee, association, person, or persons which it deems capable,
competent, experienced, and appropriate for serving in such capacity. (b) The powers and duties
of the trustee shall be evidenced in and determined by the written trust agreement between
the trustee and the governmental entity or entities. (c) The trustee shall cause the annual
financial statements of the trust to be prepared in accordance with generally accepted accounting
principles and an audit by a qualified independent certified accounting firm to be conducted
of those financial statements of each respective trust for each fiscal year in accordance
with generally accepted auditing standards. (d) Reasonable trustee fees and the reasonable
expenses of holding, making, and disposing of investments, such as brokerage commissions,
legal expenses referable to a particular transaction, transfer taxes, and...
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16-5-8
Section 16-5-8 Review, coordination, establishment, etc., of programs; transfer of credits;
Articulation and General Studies Committee. (a)(1) The Commission on Higher Education is authorized
to review periodically all new and existing programs and units of instruction, research, and
public service funded by state appropriations at the state universities and colleges and to
share with the appropriate governing board, through the president of the institution, and
state Legislature, its recommendations. (2) As a part of its program review process, the commission
shall enforce, monitor, and report on minimum degree productivity standards for all existing
programs of instruction at public two-year and four-year institutions of higher education.
Productivity standards shall be based, primarily, but not exclusively, on the annual average
number of degrees conferred during a five-year period for senior institutions and a three-year
period for two-year institutions, as verified by the...
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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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10A-2-8.30
Section 10A-2-8.30 General standards for directors. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A director
shall discharge his or her duties as a director, including duties as a member of a committee:
(1) In good faith; (2) With the care an ordinarily prudent person in a like position would
exercise under similar circumstances; and (3) In a manner the director believes to be in the
best interests of the corporation. (b) In discharging his or her duties, a director is entitled
to rely on information, opinions, reports, or statements, including financial statements and
other financial data, if prepared or presented by: (1) One or more officers or employees of
the corporation whom the director reasonably believes to be reliable and competent in the
matters; (2) Legal counsel, public accountants, certified public accountants, or other persons
as to matters the director reasonably believes are within the...
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17-7-23
Section 17-7-23 Examination and certification of equipment. It shall be the duty of the committee
to ensure the examination and certification of electronic vote counting systems in the following
manner: (1) By publicly examining all makes of electronic vote counting systems submitted
and certifying whether such systems comply with the requirements of this section. (2) By inviting
any vendor or company interested in selling an electronic vote counting system in Alabama
to submit such equipment for examination. The vote counting system shall be certified after
a satisfactory evaluation and testing has been performed to determine that the equipment meets
the requirements of this article and performance and test standards for electronic voting
systems issued by the Federal Election Commission. The committee may use certification of
the equipment by an authorized independent testing authority, or successor entity, as evidence
that the equipment meets the requirements of Section 17-7-21 and...
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22-11A-118
Section 22-11A-118 Health Care Data Advisory Council. (a) There is established the Health Care
Data Advisory Council to assist in developing regulations and standards necessary to implement
the provisions of this article, to review and serve as consultants to the board on matters
related to any reports or publications prior to a report or publication release and to serve
as consultants to the board on matters relating to the protection, collection, and dissemination
of health care facility acquired infection data. (b) The council shall consist of 18 members
and be constituted in the following manner: (1) Six hospital members to be appointed by the
Alabama Hospital Association, two of which shall be infection control professionals. (2) Three
members to be appointed by the Medical Association of the State of Alabama. (3) Two members
to be appointed by the Business Council of Alabama, at least one of whom represents a small
business, all of whom are purchasers of health care, and none of...
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10A-2A-17.05
Section 10A-2A-17.05 Annual benefit report. (a) No less than annually, a benefit corporation
shall prepare a benefit report addressing the efforts of the corporation during the preceding
year to operate in a responsible and sustainable manner, to pursue any public benefit or benefits
identified in any public benefit provision, and to consider the interests described in Section
10A-2A-17.04(b). The annual benefit report must include: (1) the objectives that the board
of directors has established for the corporation to operate in a responsible and sustainable
manner, to pursue the public benefit or benefits identified in any public benefit provision,
and to consider the interests described in Section 10A-2A-17.04(b); (2) the standards the
board of directors has adopted to measure the corporation's progress in operating in a responsible
and sustainable manner, in pursuing the public benefit or benefits identified in any public
benefit provision, and in considering the interests described...
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10A-2A-8.42
Section 10A-2A-8.42 Standards of conduct for officers. Notwithstanding Division C of Article
3 of Chapter 1: (a) An officer, when performing in his or her capacity as such, has the duty
to act: (1) in good faith; (2) with the care that a person in a like position would reasonably
exercise under similar circumstances; and (3) in a manner the officer reasonably believes
to be in the best interests of the corporation. (b) The duty of an officer includes the obligation:
(1) to inform the superior officer to whom, or the board of directors or the board committee
to which, the officer reports of information about the affairs of the corporation known to
the officer, within the scope of the officer's functions, and known to the officer to be material
to that superior officer, board of directors or board committee; and (2) to inform his or
her superior officer, or another appropriate person within the corporation, or the board of
directors, or a board committee, of any actual or probable...
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34-23-184
Section 34-23-184 Audit procedures; report. (a) The entity conducting an audit shall follow
these procedures: (1) The pharmacy contract shall identify and describe in detail the audit
procedures. (2) The entity conducting the on-site audit shall give the pharmacy written notice
at least two weeks before conducting the initial on-site audit for each audit cycle. If the
pharmacy benefit manager does not include their auditing guidelines within their provider
manual, then the notice must include a documented checklist of all items being audited and
the manual, including the name, date, and edition or volume, applicable to the audit and auditing
guidelines. For on-site audits a pharmacy benefit manager shall also provide a list of material
that is copied or removed during the course of an audit to the pharmacy. The pharmacy benefit
manager may document this material on either a checklist or on an audit acknowledgement form.
The pharmacy shall produce any items during the course of the...
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12-23A-9
Section 12-23A-9 Functions of Administrative Office of Courts. (a) The Administrative Office
of Courts, hereinafter AOC, shall assist in the planning, implementation, and development
of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and
the Chief Justice concerning the legal, policy, and procedural issues confronting the drug
courts in the state. Nothing in this section shall impede the constitutional authority of
the district attorney. (b) AOC shall provide state-level coordination and support for drug
court judges and their programs and operate as a liaison between drug court judges and other
state-level agencies providing services to or benefitting from drug court programs. (c) The
Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama
Supreme Court concerning criteria for eligibility, the promulgation of procedural rules, the
establishment of guidelines for operation, and adoption of standards and...
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