HB491 Alabama 2010 Session

Summary

Primary Sponsor

Terry Spicer

Democrat

Co-Sponsors

William E. ThigpenJames C. FieldsCraig FordH. Mac GipsonGerald H. AllenJimmy MartinAlan BakerGreg WrenRobert BentleyKen GuinMerika ColemanBetty Carol GrahamChris EnglandOliver RobinsonMike MillicanMarcel BlackAlan HarperLesley VanceWilliam “Bill” M. BeasleyMary MooreAlan Boothe

Session

Regular Session 2010

Title

Mental Health Department, certain institutions, leasing, transferring, or management by nongovernmental entities, approval by Legislature required, Sec. 22-50-9 am'd.

Summary

The bill would require the Legislature to approve any leasing, transfer, or management of Department of Mental Health–controlled institutions by nongovernmental entities, with a three-fifths vote in both houses.

What This Bill Does

It adds a rule that institutions under the Department of Mental Health cannot be leased or transferred to nongovernmental groups without legislative approval. Approval must be given through legislation passed by a three-fifths vote in both the House and the Senate. The change takes effect immediately after passage and governor approval, limiting how DMH-managed facilities can be moved into private or nonprofit hands.

Who It Affects

• Institutions under the Department of Mental Health's control would be restricted from being leased, transferred, or placed under nongovernmental management without legislative consent.
• Nongovernmental entities seeking to take over management or operation of those DMH-controlled facilities would need to obtain explicit legislative approval via a three-fifths vote.

Key Provisions

• Amends Section 22-50-9 to require legislative consent before leasing, transferring, or placing DMH-controlled institutions under nongovernmental management.
• Consent must be received through legislation approved by a three-fifths vote of the membership in both the House and the Senate.
• Effective date: immediately after passage and governor approval.
• Maintains the Department's authority to provide mental health and mental retardation services, but restricts unilateral transfers of control to nongovernmental entities.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mental Health Department