SB38 • 2026

Governor, authorized to remove executive director or director of occupational or professional licensing boards

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Givhan
Last action: 2026-04-07
Official status: Indefinitely Postponed in House of Origin
Effective date: Not listed

Plain English Breakdown

The official text shows the bill was 'Indefinitely Postponed' after passing both chambers. This means it did not become effective as of the last recorded action, even though Section 2 sets an October 1, 2026 date if enacted.

Governor's Power to Remove Licensing Board Executive Officers

This bill would allow the Governor of Alabama to fire executive officers working for occupational or professional licensing boards, with or without a reason.

What This Bill Does

Amends Section 36-13-7 of the Code of Alabama 1975.
Authorizes the Governor to remove individuals serving as executive officers of occupational or professional licensing boards from office and employment.
Allows these removals with or without cause.

Who It Names or Affects

The Governor
Individuals serving as executive officers of occupational or professional licensing boards

Terms To Know

Executive Officer: An individual holding the position that manages an occupational or professional licensing board.
Occupational or Professional Licensing Board: A state body responsible for regulating specific jobs or professions through licenses.

Limits and Unknowns

The removal power does not apply to individuals subject to the state Merit System.
Although the bill passed both chambers, it was indefinitely postponed on April 7, 2026, so its future status is uncertain.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

JP8TLFY-1

Fiscal Responsibility and Economic Development

Fiscal Responsibility and Economic Development 1st Substitute

Plain English: This amendment updates Alabama law to clearly state that the Governor can fire any head of a state executive agency without needing a specific reason, while also encouraging them to talk to the group that originally hired that person first.

It gives the Governor clear power to remove or fire the leader (head) of any state executive branch agency with or without cause.
It expands this firing power to include people appointed by an agency head, not just those directly appointed by a past or current Governor.
It states that this new rule does not take away the hiring or firing powers held by other officials, boards, or commissions.

The text mentions 'extraordinary circumstances' as an exception to consulting with appointing authorities but does not define what those specific situations are.
Some parts of the legal code in the amendment contain grammatical errors and repeated words (like 'is authorized and empowered to may'), which makes the exact wording slightly unclear.

Bill History

2026-04-07 Senate
Currently Indefinitely Postponed
2026-02-05 Senate
Read for the Second Time and placed on the Calendar
2026-02-04 Senate
Reported Out of Committee House of Origin
2026-02-04 Senate
Fiscal Responsibility and Economic Development 1st Substitute
2026-01-13 Senate
Pending Committee Action in House of Origin
2026-01-13 Senate
Read for the first time and referred to the Senate Committee on Fiscal Responsibility and Economic Development

Official Summary Text

Governor, authorized to remove executive director or director of occupational or professional licensing boards

Current Bill Text

Read the full stored bill text

SB38 INTRODUCED
Page 0
SB38
DGZY6TT-1
By Senators Givhan, Elliott
RFD: Fiscal Responsibility and Economic Development
First Read: 13-Jan-26
PFD: 07-Jan-26
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DGZY6TT-1 10/20/2025 KMS (L)cr 2025-2962
Page 1
PFD: 07-Jan-26
SYNOPSIS:
Under existing law, the Governor may remove from
office any individual who is holding office or employed
in an executive branch department or agency and was
appointed by the current or a former Governor.
This bill would authorize the Governor to remove
from office any individual serving as the executive
officer of an occupational or professional licensing
board.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Governor; to amend Section 36-13-7,
Code of Alabama 1975, to authorize the Governor to remove from
office any individual serving as the executive officer of an
occupational or professional licensing board.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 36-13-7 of the Code of Alabama 1975,
is amended to read as follows:
"§36-13-7
(a) The Governor is authorized and empowered to may
remove from office and discharge from employment, with or
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SB38 INTRODUCED
Page 2
remove from office and discharge from employment, with or
without cause, any person individual who holds office or
employment in any of the state executive departments and or
agencies by virtue of appointment by the incumbent Governor or
any preceding Governor, except those employees subject to the
state Merit System provisions .
(b) The Governor may remove from office and discharge
from employment, with or without cause, any individual who is
serving in the position of executive officer of an
occupational or professional licensing board, except those
individuals subject to the state Merit System. "
Section 2. This act shall become effective on October
1, 2026.
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