(a) As its primary obligation under this chapter, the authority shall, subject to the provisions of subsection (c) of this section, expend the net proceeds derived from the sale of the bonds herein provided (other than refunding bonds), together with the income from the investment of such proceeds, for the purpose of paying the costs of acquiring, constructing, improving and equipping public health facilities in the following locations and in the following amounts:
(b) Any county commission in any county for which an allocation of bond proceeds is made in subsection (a) of this section may petition the authority (i) for reimbursement of capital expenditures for public health facilities incurred and paid by a board of health in such county or such county commission after January 1, 1989, or (ii) to refinance or refund any obligations incurred to finance capital expenditures for public health facilities incurred and paid by a board of health in such county or such county commission after January 1, 1989. Out of the total amount of bond proceeds allocated in subsection (a) of this section to any county in which such capital expenditures were incurred and paid, the authority shall reimburse such costs or provide for the refinancing or refunding of obligations incurred to pay such costs, in either case, in an amount not to exceed the total amount allocated to such county. Additionally the county commission to which any such reimbursement is made shall be entitled to use the funds so reimbursed for any capital expenditure permitted by law. It is further provided that any county commission receiving reimbursement under this subsection (b) may use said reimbursement to provide new public facilities and/or to improve existing public facilities.
(c) To the extent consistent with the actual costs of public health facilities needed by the people in the counties, municipalities and localities identified in subsection (a) of this section, the authority, acting with the advice of the State Department of Health, shall expend, out of bond proceeds and income derived from the investment thereof, the amounts respectively allocated by said subsection (a) for public health facilities in such counties, municipalities and localities. The authority may allow such increases above the amounts specifically allocated as are necessary to provide and pay the full costs of such facilities, provided that such increases are approved by unanimous consent of all members of the authority. In the absence of an authority member, his vote may be cast in writing and submitted to the chairman prior to the meeting during which said vote is scheduled. Under no circumstances shall any amount allocated to any county and/or municipality or locality by said subsection (a) be reduced by more than five percent of such amount or $50,000.00, whichever is less, unless the following conditions shall be satisfied:
(1) The board of directors of the authority, based on information and recommendations provided by the State Department of Health, shall have made findings in a resolution justifying the proposed reduction and the alternative expenditure that is to be made with the funds saved by such reduction;
(2) At least 10 days before the first of the meetings referred to in subdivision (3) of this subsection, the chief health officer of the county affected by the proposed reduction and all members of the Senate and House of Representatives representing such county shall have been notified in writing of such proposed reduction, the findings justifying the same, and the date, time and place of the two meetings of the board of directors of the authority at which approval of such reduction will be considered; and
(3) After having given the chief health officer, the Senators and Representatives, and other interested officials and citizens of the county affected by the proposed reduction an opportunity to oppose such reduction at each of the meetings required by this subdivision (3), the unanimous consent of all members of the board of directors of the authority shall vote to approve such reduction, together with the alternative expenditure of the funds to be saved by such reduction, at not less than two different public meetings of the board of directors separated by an interval of not less than 30 days. In the absence of an authority member, his vote may be cast in writing and submitted to the chairman prior to the meeting during which said vote is scheduled.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 3A - Alabama Public Health Finance Authority.
Section 22-3A-1 - Legislative Findings and Declarations.
Section 22-3A-2 - Definitions.
Section 22-3A-3 - Creation of Corporation; Members.
Section 22-3A-4 - Application.
Section 22-3A-5 - Certificate of Incorporation.
Section 22-3A-6 - Members; Officers; Terms; Records; Meetings; Appointment of Governor's Designee.
Section 22-3A-7 - Powers of Authority.
Section 22-3A-8 - Issuance of Bonds.
Section 22-3A-9 - Form of Bonds; Redemption Option.
Section 22-3A-10 - Authentication of Bonds.
Section 22-3A-11 - Sale of Bonds.
Section 22-3A-12 - Nature of Bonds.
Section 22-3A-13 - Tax Exemption; Use of Bonds as Security; Investment in Bonds.
Section 22-3A-14 - Refunding Bonds.
Section 22-3A-16 - Appropriation Made; Debt Service Reserve Fund Established.
Section 22-3A-17 - Obligations, etc., as Obligations of Authority and Not State.
Section 22-3A-18 - Investment of Proceeds From Bond Sale; When Authorized; Application of Income.
Section 22-3A-20 - Authority as Nonprofit Corporation.
Section 22-3A-21 - Dissolution of Authority.
Section 22-3A-22 - Payment by State Treasurer Authorized; Records.
Section 22-3A-23 - Approval of Allocations Other Than Those in Section 22-3a- 19(a) to Be Unanimous.
Section 22-3A-24 - Payments and Investment Agreements to Ensure Federal Tax Exemption.