Section 9-14F-4 - Corporate status(a)(1) The Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources, the Director of Finance, the Minority Leader of the House of Representatives or his or her designee, the Minority Leader of the Senate or his or her designee, and the Commissioner of Revenue may become a corporation with the powers and duties provided by this chapter. (2) To become a corporation, the Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources, the Director of Finance, the Minority Leader of the House of Representatives or his or her designee, the Minority Leader of the Senate or his or her designee, and the Chairperson of the Joint Legislative Committee on State Parks shall present to the Secretary of State of Alabama an application signed by them which shall set forth all of the following:a. The name, official designation, and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant's right to office.b. The date on which each applicant was inducted into office and the term of office of each of the applicants.c. The name of the proposed corporation created in this section, which shall be the Alabama State Parks Enhancement Authority.d. The location of the principal office of the proposed corporation, which shall be Montgomery, Alabama.e. Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of this state.(3) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. The Secretary of State shall examine the application and, if the Secretary finds that it substantially complies with the requirements of this section, it shall be received, filed, and recorded in an appropriate book of records in the office of the Secretary of State.(b) When the application has been made, filed, and recorded, as provided in subsection (a), the applicants shall constitute a public corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the great seal of the state, to be recorded with the application. There shall be no fees paid to the Secretary of State for any activity associated with the incorporation or dissolution of the corporation so organized.(c)(1) The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the Commissioner of the Department of Conservation and Natural Resources shall be its vice-president, and the Director of Finance shall be the secretary of the authority. The State Treasurer shall be the treasurer of the authority and shall act as custodian of its funds, but shall not be a member of the authority. (2) The members of the authority shall constitute all the members of the board of directors of the authority, and any five members of the board of directors shall constitute a quorum for the transaction of business. (3) All members of the board shall be notified of any meeting of the board of directors. (4) If any of the officials of the state die or if his or her term of office as Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, Speaker of the House of Representatives, Commissioner of the Department of Conservation and Natural Resources, Director of Finance, State Treasurer, or designees, as the case may be, expire or otherwise become vacant, his or her successor in office shall take his or her place as a member, officer, and director of the authority, as the case may be. (5) A member, officer, or director of the authority may not receive compensation for any service he or she may render in connection with the authority. (6) All proceedings of the board of directors shall be reduced to writing by the secretary of the authority. Copies of the proceedings, when certified by the secretary of the authority under the seal of the corporation, shall be received in all courts as prima facie evidence of the matters and things certified therein.Ala. Code § 9-14F-4 (1975)
Added by Act 2021-409,§ 4, eff. contingent upon the ratification of the constitutional amendment proposed in HB565 of the 2021 Regular Session (HB 565 was ratified on May 24, 2022.).