HB425INTRODUCED
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HB425
BYHZU4J-1
By Representative Bedsole
RFD: State Government
First Read: 18-Mar-25
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5 BYHZU4J-1 03/18/2025 TRP (L)bm 2025-798
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First Read: 18-Mar-25
SYNOPSIS:
Under existing law, regional mental health
authority boards of directors and executive committees
may delegate their power and authority to an executive
committee that is subject to the board's supervision
and control.
This bill would require each executive committee
to include at least one active sheriff or member of his
or her office and one active judge of probate who is
currently serving on the board.
This bill would prohibit a board of directors
from creating additional qualifications for directors
through the corporation's constitution and bylaws or
certificate of incorporation.
This bill would also provide for a quorum.
A BILL
TO BE ENTITLED
AN ACT
Relating to regional mental health authority boards; to
amend Sections 22-51-8 and 22-51-9, Code of Alabama 1975; to
revise the composition of executive committees; to provide for
the appointment of certain local officials; to prohibit the
corporation from creating additional qualifications through
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corporation from creating additional qualifications through
its bylaws or other legal instruments; and to provide further
for a quorum.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-51-8 and 22-51-9, Code of
Alabama 1975, are amended to read as follows:
"§22-51-8
(a) Each corporation shall be governed by a board of
directors of nine or more members, selected as provided in
this section. Each governing body which authorized the
formation of the corporation shall appoint three members of
the said board of directors; provided, that if the area to be
served by the corporation shall be located wholly within an
area governed by a single governing body, the said governing
body shall appoint nine members to the said board; provided
further, that if the said area to be served shall be located
wholly within an area governed by at least two, but not more
than two, governing bodies, or if the formation of the board
was authorized by only two governing bodies, each of the said
governing bodies shall be entitled to may appoint at least five
members of the said board, or such other number as may be
provided by the certificate of incorporation or any amendment
thereto. If there are more than 16 directors, they shallmay
appoint from among their number an executive committee
consisting of nine members, which shall have and exercise the
powers and authority of the board of directors, subject to the
general supervision and control of the said board. The nine
members of the executive committee shall include one sheriff,
or his or her representative, and one judge of probate;
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or his or her representative, and one judge of probate;
provided, the officials or representative are serving on the
board. If the representative is not currently serving on the
executive committee, he or she shall be added at the
expiration of the next terms of members of the executive
committee.
(b) Every member of the board of directors mustshall be
a resident of the area which he or she represents and which is
to be served by the proposed facilities. The governing bodies
shall coordinate their appointments to ensure the membership
of the board of directors is inclusive and reflects the
racial, gender, geographic, urban, rural, and economic
diversity of the service area. All appointed directors shall
have demonstrated a concern for the mental health programs and
services provided in the service area and shall represent a
balance of primary interest areas of expertise. Except in
compliance with rules adopted by the department through the
Administrative Procedure Act, no other qualifications for
directors may be imposed by the corporation's certificate of
incorporation, constitution, or bylaws. An individual who
meets the qualifications of this section and who is appointed
by a governing body shall be seated on the board of directors.
(c) The terms of the initial members of the board
appointed by the governing bodies , as provided above, shall
begin immediately upon their appointments and shall end at
noon on April 1 of the succeeding odd-numbered calendar years
following the appointments , as designated by saidthe governing
body at the time of their said appointments. Thereafter, the
term of office of each director shall be six years. The terms
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term of office of each director shall be six years. The terms
of office of the said directors shall be arranged so that the
terms of office of approximately one thirdone-third of all
directors will end at noon on April 1, in each odd-numbered
calendar year. A member of the board of directors shall hold
office until his or her successor has been appointed and
qualified.
(d) The respective appointing authorities shall appoint
or reappoint a qualified personindividual as a member of the
board of directors whenever a member's term expires or
whenever a position becomes vacant for any other reason.
(e) The appointing authority may remove a board member
for attending less than one-half of the board meetings in any
12-month period.
(f) A member of the board of directors shall receive no
compensation for his or her services."
"§22-51-9
The board of directors shall hold monthly meetings and
such special meetings as may be called, from time to time, on
at least two days' notice given by the chairmanchair or by any
three members thereof, saidwith notice to be given to each
member thereof; provided, that where . If the board of
directors exceeds 16 members, the executive committee shall
meet at least monthly and the complete board of directors
shall meet at least every six months. The said board shall
adopt a constitution and bylaws, to be subject to in compliance
with this chapter, the certificate of incorporation , and laws
of the State of Alabama. Three members of the said One-third of
the members of the entire board of directors, not withstanding
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the members of the entire board of directors, not withstanding
vacancies, or in the case of an executive committee when
exercising the power and authority of the board of directors,
a majority of the members of the executive committee shall
constitute a quorum for the transaction of business. A copy of
the constitution and bylaws shall also be filed with the
Alabama Department of Mental Health. Members of the board may
participate in a meeting of the board or any committee of the
board by telephone conference, video conference, or similar
communications equipment through which all persons
participating in the meeting may hear each other at the same
time. Participation by these electronic means shall constitute
presence in person at the meeting for all purposes; provided,
that a quorum is physically present at the location noticed
and called for the meeting. "
Section 2. This act shall become effective on October
1, 2025.
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