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SB78 ENROLLED
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SB78
YMXE96N-2
By Senator Carnley
RFD: Fiscal Responsibility and Economic Development
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to the Alabama Sunset Law; to continue the
existence and functioning of the Board of Examiners of
Assisted Living Administrators until October 1, 2028, with
certain modifications; to amend Section 34-2A-3, Code of
Alabama 1975, to require the Governor to appoint a qualified
individual to serve on the board if a nominating authority
does not timely submit names for appointment.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the Board of
Examiners of Assisted Living Administrators until October 1,
2028, with additional recommendation for statutory change as
set out in Section 3.
Section 2. The existence and functioning of the Board
of Examiners of Assisted Living Administrators, created and
functioning pursuant to Sections 34-2A-1 to 34-2A-16,
inclusive, Code of Alabama 1975, is continued until October 1,
2028, and those code sections are expressly preserved.
Section 3. Section 34-2A-3, Code of Alabama 1975, is
amended to read as follows:
"§34-2A-3
(a)(1) There is created a Board of Examiners of
Assisted Living Administrators composed of nine members, seven
members as set out in this subsection, and two additional
consumer members as set out in subsection (b). The membership
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consumer members as set out in subsection (b). The membership
of the board shall be inclusive and reflect the racial,
gender, geographic, urban/rural urban , rural, and economic
diversity of the state. The seven original members shall be
composed as follows: Five members shall be assisted living
administrators duly licensed and registered under this
chapter; one member shall be a physician licensed under the
laws of the state; and one shall be a licensed nursing home
administrator who in the same or contiguous facility manages
assisted living beds.
(2)a. Appointments to the board for those positions to
be held by assisted living administrators shall be made by the
Governor from a list of three nominees for each position to be
submitted to the Governor by the Assisted Living Association
of Alabama, Inc. The appointment of the nursing home
administrator shall be made from a list of three nominees
submitted to the Governor by the Alabama Nursing Home
Association, Inc. The appointment to the board of the member
for the position to be held by a physician shall be made from
a list of three nominees submitted to the Governor by the
Medical Association of the State of Alabama.
b. If the applicable nominating association does not
submit nominees for a board position within 45 days after a
vacancy occurs on the board, the Governor shall appoint a
qualified individual. The Governor shall have 45 days within
which to fill the vacancy.
(b) Within 30 days of March 1, 2002, the The Governor
shall appoint two consumer members of the board. The consumer
members shall vote in all matters. At least one consumer
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members shall vote in all matters. At least one consumer
member shall be 65 years of age or older and no consumer
member, or a spouse or immediate family member of a consumer
member, shall be a licensee of the board or be employed in the
assisted living profession.
(c) When the terms of all members of the board expire
in April 2005, the Governor shall appoint five members to
two-year terms and four members to three-year terms as
follows: Three assisted living administrators, the licensed
nursing home administrator, and one consumer member shall be
appointed to two-year terms; two assisted living
administrators, the licensed physician, and one consumer
member shall be appointed to three-year terms. Thereafter, all
members shall serve three-year terms of office.
(d) All members of the board shall be citizens of the
United States and shall be residents of the state.
(e) Except as otherwise provided in this section, each
member shall serve three-year staggered terms and no board
member shall serve more than two consecutive full three-year
terms. All members shall continue to serve until the Governor
appoints a successor.
(f) The Governor may remove any board member for
misconduct, incapacity, incompetence, or neglect of duty after
the board member so charged has been served with a written
statement of charges and has been given an opportunity to be
heard. Absence from any three consecutive meetings of the
board within a calendar year, without cause acceptable to the
Governor and the board, shall be deemed cause for removal.
(g) Any vacancy created by the death, resignation, or
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(g) Any vacancy created by the death, resignation, or
removal of any board member shall be filled by the Governor
for the unexpired term in the same manner as required by this
chapter to make appointments.
(h) Each member of the board shall receive a per diem
fee of not less than fifty dollars ($50) nor more than one
hundred dollars ($100) , to be determined by the board , for the
time spent in the performance of official duties. Each member
shall be reimbursed for all necessary and proper travel and
incidental expenses incurred in implementing this chapter as
is provided to state employees by the laws of the state and
regulations rules of the State Personnel Director. In setting
the per diem fee, the board shall give due consideration to
funds which that are available for that purpose.
(i) The board shall hold four or more meetings a year.
A majority of the members of the board shall constitute a
quorum at any meeting except as provided in Section 34-2A-13.
A majority vote of the members present shall be sufficient to
transact the business of the board except as provided in
Section 34-2A-13. Meetings may be called by the chair or by a
majority of the members of the board. Members shall be given
seven days' written notice of all meetings.
(j) The board shall annually elect from its members a
chair and a vice-chair, at the first meeting of the board held
after October 1 of each year, and each shall serve until the
first meeting held after October 1 of the following year. In
the event of the death, resignation, or removal of the chair
from the board, the vice-chair shall succeed as chair for the
remainder of the unexpired term. In the event of the death,
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remainder of the unexpired term. In the event of the death,
resignation, removal, or succession to the office of chair of
a vice-chair, a successor shall be elected by the board to
fill the remainder of the unexpired term as vice-chair. The
chair, or in the absence of the chair, the vice-chair, shall
preside at all meetings of the board. The chair of the board
may appoint an executive director to the board, with the
consent of the members of the board, who shall serve at the
pleasure of the board. The board shall fix the salary of the
executive director. The executive director shall be the
executive officer to the board but may not be a member of the
board. The executive director shall have those powers and
shall perform those duties as are prescribed by law and the
rules and regulations of the board. A clerk and sufficient
deputy clerks to adequately assist the board and executive
director in the keeping of the records and in the performance
of their duties may be appointed by the board subject to the
Merit System.
(k) The board is subject to the Alabama Sunset Law of
1981, and is classified as an enumerated agency pursuant to
Section 41-20-3. The board shall automatically terminate on
October 1, 2004, and every four years thereafter, unless a
bill is passed that the board be continued, modified, or
reestablished."
Section 4. The Legislature concurs in the
recommendations of the Sunset Committee as provided in
Sections 1, 2, and 3.
Section 5. This act shall become effective June 1,
2026.
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2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB78
Senate 05-Feb-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 19-Feb-26
By: Senator Carnley
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