(a) This chapter is not intended to extend or grant sovereign immunity to any authority or university affiliate that is not entitled to sovereign immunity under applicable law. Nor is this chapter intended to limit or remove sovereign immunity for any authority or university affiliate that is entitled to sovereign immunity under applicable law.
(b) An authority or university affiliate not entitled to sovereign immunity shall be entitled to the benefits of the damage limitation for tort actions provided in Chapter 93 of Title 11, if the authority or university affiliate meets both of the following requirements:
(1) An entity that is a governmental entity within the meaning of Section 11-93-1, participates in the organization of the authority or university affiliate. A governmental entity participates in the organization of an authority or university affiliate if the governmental entity enters into an affiliation agreement or similar agreement with a university providing for the organization of the authority or university affiliate.
(2) The authority or university affiliate receives public support for its operations, including, without limitations, taxes allocated to the authority or university affiliate, or appropriations from the state or any other governmental entity that benefit the authority or university affiliate.
(c) As further evidence of the intent expressed in this chapter, the Legislature declares that:
(1) An authority or university affiliate described in subsection (b) constitutes a governmental entity within the meaning of Section 11-93-1.
(2) Claims for money damages against an authority or university affiliate described in subsection (b) constitutes claims within the meaning of Section 11-93-1.
Structure Code of Alabama
Chapter 17A - University Authority Act of 2016.
Section 16-17A-1 - Short Title.
Section 16-17A-2 - Definitions.
Section 16-17A-3 - Incorporation of Authority.
Section 16-17A-4 - Articles of Incorporation - Requirements.
Section 16-17A-5 - Articles of Incorporation - Amendments.
Section 16-17A-6 - Board of Directors.
Section 16-17A-8 - Powers of Authority.
Section 16-17A-9 - Eminent Domain.
Section 16-17A-10 - Indebtedness.
Section 16-17A-11 - Pledge of Revenues; Security Documents.
Section 16-17A-12 - Obligations of Authority.
Section 16-17A-13 - Investment in Indebtedness.
Section 16-17A-14 - Default in Payments.
Section 16-17A-15 - Exemptions From Taxation.
Section 16-17A-17 - Conveyance of Property, etc., to Authority; Pledge of Full Faith and Credit.
Section 16-17A-18 - Legislative Findings.
Section 16-17A-19 - Sovereign Immunity; Damage Limitation.
Section 16-17A-20 - Applicability of Other Laws.
Section 16-17A-21 - Reincorporation.
Section 16-17A-22 - Disposition of Excess Revenues.