(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.

Terms Used In Alabama Code 16-17A-19

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 30-3D-608
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 30-3D-608
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(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.

(Act 2016-201, §19.)