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Section 44-3-1
Section 44-3-1Definitions.
The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein:
(1) ALABAMA DEPARTMENT OF YOUTH SERVICES. The state department of that name or any other department created by the legislature in lieu of said department.
(2) BOARD OF DIRECTORS. That body of persons selected in accordance with the articles of incorporation and bylaws of a corporation formed pursuant to this chapter.
(3) COUNTY. Any county in this state.
(4) FACILITIES. Structures, equipment and furnishings, or any other part or combination thereof, which are used, useful or capable of use, and the use thereof in connection with the implementation and operation of programs as defined herein.
(5) GOVERNING BODY. A county commission, board of revenue or other like governing body of a county, or the council, commission or other like governing body of an incorporated municipality.
(6) PROGRAMS. The use of various behavioral programs in the care and supervision of children. All programs are to be in compliance with the minimum standards as established by the Alabama department of youth services as defined herein.
(Acts 1978, No. 620, p. 880, §1.)Section 44-3-2
Section 44-3-2Authorization for creation by counties and municipalities of regional, nonprofit public corporations for provision of temporary care and custody of youths under juvenile court jurisdiction.
All counties and incorporated municipalities in this state are hereby authorized and empowered to form regional, nonprofit, public corporations which shall provide for the temporary care and custody of youths who have been placed under the jurisdiction of a juvenile court.
(Acts 1978, No. 620, p. 880, §2.)Section 44-3-3
Section 44-3-3Effect of formation of corporations upon presently existing juvenile facilities and programs and corporations.
Any corporation so created shall be a public, nonprofit corporation and may be organized as a successor to presently existing juvenile facilities and programs. Members in presently existing corporations shall automatically retain membership in any successor corporation formed after the passage of this chapter.
(Acts 1978, No. 620, p. 880, §3.)Section 44-3-4
Service areas of corporations.
The service area of such corporation shall be those present and future
Alabama counties who are members of a corporation formed for the purpose of
providing temporary care and custody to those children who are placed with the
corporation by order of a judge exercising juvenile court jurisdiction or
otherwise placed under the authority of existing law.
(Acts 1978, No. 620, p. 880, §4.)
Section 44-3-5
Section 44-3-5Corporations to be governed by boards of directors; selection and meetings of boards of directors.
Such corporation shall be governed by a board of directors selected from member counties or municipalities, as the case may be, as may be specified in the bylaws of the corporation. The board of directors shall hold regular quarterly meetings and such meetings as may be called from time to time by the chairman of the board who shall be selected in accordance with procedure as outlined in the bylaws. The annual meeting of the corporation shall be held in conjunction with the last board of directors meeting in the calendar year.
(Acts 1978, No. 620, p. 880, §5.)Section 44-3-6
Section 44-3-6Powers of corporations generally.
Pursuant to the provisions of this chapter, such corporation, in acting through the board of directors, shall have all the powers of a corporation as granted by the laws of Alabama.
(Acts 1978, No. 620, p. 880, §6.)Section 44-3-7
Section 44-3-7Amendment of articles of incorporation of corporations.
The articles of incorporation of such corporation may be amended as specified in the articles of incorporation.
(Acts 1978, No. 620, p. 880, §7.)Section 44-3-8
Section 44-3-8Admission of governing bodies into membership of corporations.
Any governing body in the state as defined in this chapter may submit a letter of application to the corporation's chairman of the board of directors. Said letter shall be in compliance with admission procedures as established by the board. Upon approval of a majority of board members present at a regularly scheduled board meeting, new members shall be admitted into the corporation and the number of directors representing that body will be determined by the existing board.
(Acts 1978, No. 620, p. 880, §8.)Section 44-3-9
Section 44-3-9Appropriations to corporations by governing bodies.
All governing bodies, as defined in this chapter, are hereby authorized to appropriate and pay over to the corporation a respective share of the costs of operation of the facilities and programs of said corporation and the construction, renovation or operation of any future facility or programs as determined by the board of directors.
(Acts 1978, No. 620, p. 880, §9.)Section 44-3-10
Section 44-3-10Responsibility of boards of directors for control and direction of facilities and programs.
Nothing in this chapter shall be construed to mean that the facilities and programs, provided for herein, are to be under the control or direction of any person other than the board of directors, who shall require the facilities and programs of the corporation to be in compliance with the minimum standards of construction, maintenance and operation adopted by state regulatory agencies and laws of the state of Alabama.
(Acts 1978, No. 620, p. 880, §10.)Section 44-3-11
Section 44-3-11Exemption from taxation of corporations, property, income, etc.
Such corporation authorized herein, and its property, including bonds, conveyances, mortgages, leases and all income from such property, and operation of programs shall be exempt from all taxation that shall be imposed on said corporation for the privilege of engaging in any of the activities authorized by this chapter.
(Acts 1978, No. 620, p. 880, §11.)Section 44-3-12
Section 44-3-12Commencement of existence of corporations.
Such corporation authorized herein shall come into being upon the filing of the articles of incorporation with the office of probate judge in the county in which its principal facility is located.
(Acts 1978, No. 620, p. 880, §12.)
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