Alabama 2025 Regular Session

Alabama House Bill HB425 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB425INTRODUCED
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3	3	HB425
4	4	BYHZU4J-1
5	5	By Representative Bedsole
6	6	RFD: State Government
7	7	First Read: 18-Mar-25
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12	12	5 BYHZU4J-1 03/18/2025 TRP (L)bm 2025-798
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14	14	First Read: 18-Mar-25
15	15	SYNOPSIS:
16	16	Under existing law, regional mental health
17	17	authority boards of directors and executive committees
18	18	may delegate their power and authority to an executive
19	19	committee that is subject to the board's supervision
20	20	and control.
21	21	This bill would require each executive committee
22	22	to include at least one active sheriff or member of his
23	23	or her office and one active judge of probate who is
24	24	currently serving on the board.
25	25	This bill would prohibit a board of directors
26	26	from creating additional qualifications for directors
27	27	through the corporation's constitution and bylaws or
28	28	certificate of incorporation.
29	29	This bill would also provide for a quorum.
30	30	A BILL
31	31	TO BE ENTITLED
32	32	AN ACT
33	33	Relating to regional mental health authority boards; to
34	34	amend Sections 22-51-8 and 22-51-9, Code of Alabama 1975; to
35	35	revise the composition of executive committees; to provide for
36	36	the appointment of certain local officials; to prohibit the
37	37	corporation from creating additional qualifications through
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67	67	corporation from creating additional qualifications through
68	68	its bylaws or other legal instruments; and to provide further
69	69	for a quorum.
70	70	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
71	71	Section 1. Sections 22-51-8 and 22-51-9, Code of
72	72	Alabama 1975, are amended to read as follows:
73	73	"§22-51-8
74	74	(a) Each corporation shall be governed by a board of
75	75	directors of nine or more members, selected as provided in
76	76	this section. Each governing body which authorized the
77	77	formation of the corporation shall appoint three members of
78	78	the said board of directors; provided, that if the area to be
79	79	served by the corporation shall be located wholly within an
80	80	area governed by a single governing body, the said governing
81	81	body shall appoint nine members to the said board; provided
82	82	further, that if the said area to be served shall be located
83	83	wholly within an area governed by at least two, but not more
84	84	than two, governing bodies, or if the formation of the board
85	85	was authorized by only two governing bodies, each of the said
86	86	governing bodies shall be entitled to may appoint at least five
87	87	members of the said board, or such other number as may be
88	88	provided by the certificate of incorporation or any amendment
89	89	thereto. If there are more than 16 directors, they shallmay
90	90	appoint from among their number an executive committee
91	91	consisting of nine members, which shall have and exercise the
92	92	powers and authority of the board of directors, subject to the
93	93	general supervision and control of the said board. The nine
94	94	members of the executive committee shall include one sheriff,
95	95	or his or her representative, and one judge of probate;
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125	125	or his or her representative, and one judge of probate;
126	126	provided, the officials or representative are serving on the
127	127	board. If the representative is not currently serving on the
128	128	executive committee, he or she shall be added at the
129	129	expiration of the next terms of members of the executive
130	130	committee.
131	131	(b) Every member of the board of directors mustshall be
132	132	a resident of the area which he or she represents and which is
133	133	to be served by the proposed facilities. The governing bodies
134	134	shall coordinate their appointments to ensure the membership
135	135	of the board of directors is inclusive and reflects the
136	136	racial, gender, geographic, urban, rural, and economic
137	137	diversity of the service area. All appointed directors shall
138	138	have demonstrated a concern for the mental health programs and
139	139	services provided in the service area and shall represent a
140	140	balance of primary interest areas of expertise. Except in
141	141	compliance with rules adopted by the department through the
142	142	Administrative Procedure Act, no other qualifications for
143	143	directors may be imposed by the corporation's certificate of
144	144	incorporation, constitution, or bylaws. An individual who
145	145	meets the qualifications of this section and who is appointed
146	146	by a governing body shall be seated on the board of directors.
147	147	(c) The terms of the initial members of the board
148	148	appointed by the governing bodies , as provided above, shall
149	149	begin immediately upon their appointments and shall end at
150	150	noon on April 1 of the succeeding odd-numbered calendar years
151	151	following the appointments , as designated by saidthe governing
152	152	body at the time of their said appointments. Thereafter, the
153	153	term of office of each director shall be six years. The terms
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183	183	term of office of each director shall be six years. The terms
184	184	of office of the said directors shall be arranged so that the
185	185	terms of office of approximately one thirdone-third of all
186	186	directors will end at noon on April 1, in each odd-numbered
187	187	calendar year. A member of the board of directors shall hold
188	188	office until his or her successor has been appointed and
189	189	qualified.
190	190	(d) The respective appointing authorities shall appoint
191	191	or reappoint a qualified personindividual as a member of the
192	192	board of directors whenever a member's term expires or
193	193	whenever a position becomes vacant for any other reason.
194	194	(e) The appointing authority may remove a board member
195	195	for attending less than one-half of the board meetings in any
196	196	12-month period.
197	197	(f) A member of the board of directors shall receive no
198	198	compensation for his or her services."
199	199	"§22-51-9
200	200	The board of directors shall hold monthly meetings and
201	201	such special meetings as may be called, from time to time, on
202	202	at least two days' notice given by the chairmanchair or by any
203	203	three members thereof, saidwith notice to be given to each
204	204	member thereof; provided, that where . If the board of
205	205	directors exceeds 16 members, the executive committee shall
206	206	meet at least monthly and the complete board of directors
207	207	shall meet at least every six months. The said board shall
208	208	adopt a constitution and bylaws, to be subject to in compliance
209	209	with this chapter, the certificate of incorporation , and laws
210	210	of the State of Alabama. Three members of the said One-third of
211	211	the members of the entire board of directors, not withstanding
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241	241	the members of the entire board of directors, not withstanding
242	242	vacancies, or in the case of an executive committee when
243	243	exercising the power and authority of the board of directors,
244	244	a majority of the members of the executive committee shall
245	245	constitute a quorum for the transaction of business. A copy of
246	246	the constitution and bylaws shall also be filed with the
247	247	Alabama Department of Mental Health. Members of the board may
248	248	participate in a meeting of the board or any committee of the
249	249	board by telephone conference, video conference, or similar
250	250	communications equipment through which all persons
251	251	participating in the meeting may hear each other at the same
252	252	time. Participation by these electronic means shall constitute
253	253	presence in person at the meeting for all purposes; provided,
254	254	that a quorum is physically present at the location noticed
255	255	and called for the meeting. "
256	256	Section 2. This act shall become effective on October
257	257	1, 2025.
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