HB 159

Under existing law, the heads of the Alabama Department of Transportation, Medicaid Agency, Department of Mental Health, Department of Revenue, Alabama State Law Enforcement Agency, Department of Corrections, and the Department of Finance are appointed by the Governor and are not subject to confirmation by the Senate

This bill would provide that the heads of those agencies are subject to confirmation by the Senate

To amend Sections 14-1-1.3, 22-50-16, 23-1-21, 40-2-41, 41-4-30, and 41-27-2, Code of Alabama 1975, to provide that commencing on January 16, 2023, the appointments of the head of the Alabama Department of Transportation, Medicaid Agency, Department of Mental Health, Department of Revenue, Alabama State Law Enforcement Agency, Department of Corrections, and the Department of Finance, by the Governor are subject to confirmation by the Senate.

Section 1

Sections 14-1-1.3, 22-50-16, 23-1-21, 40-2-41, 41-4-30, and 41-27-2, Code of Alabama 1975, are amended to read as follows:

§14-1-1.3.

The department shall be headed by and under the independent direction, supervision and control of a Commissioner of Corrections, hereinafter referred to as "the commissioner," who shall be appointed by and serve at the pleasure of the Governor and, commencing January 16, 2023, confirmed by the Senate. Upon confirmation by the Senate, he or she shall serve at the pleasure of the Governor. The Governor is hereby authorized to set the salary of the commissioner at the same level of any cabinet officer or at a reasonable level in excess thereof. The commissioner, without additional compensation, shall also serve as and exercise the authority, functions and duties of the Commissioner of Corrections as that position otherwise exists under the laws of Alabama, it being the intention of this section that there be but one Commissioner of Corrections.

§22-50-16.

The Governor shall appoint the Mental Health Commissioner shall be appointed by the Governor and, commencing January 16, 2023, confirmed by the Senate. Upon confirmation by the Senate, he or she shall serve at the pleasure of the Governor. and The Governor shall fix his the term of office and salary of the commissioner, such salary to be established without regard to any limitations now, or hereafter, established by law unless such law specifically refers to such Mental Health Commissioner. The commissioner shall serve at the pleasure of the Governor. The said Mental Health Commissioner so appointed shall appoint all officers and employees of the department or he may authorize any superintendent, division, or bureau head, or other administrator to select with his or her approval all staff members and employees, and shall fix the salaries of the officers and employees of the Mental Health Department, without regard to any limitation established by law, unless such law passed hereafter shall refer to the particular officer or employee of the Mental Health Department. The commissioner may appoint an Associate Commissioner for Mental Illness, an Associate Commissioner for Intellectual Disabilities and an Associate Commissioner for Administration and Personnel. The associate commissioners shall serve at the pleasure of the commissioner. The Mental Health Commissioner shall exercise supervision over all the officers and employees of the Mental Health Department and should any such officer or employee fail to perform faithfully any of the duties which are lawfully prescribed for him or her, or if he or she fails or refuses to observe or conform to any rule, regulation, or policy of the Mental Health Department, the Mental Health Commissioner may remove him that person from office.

§23-1-21.

The chief executive officer of the State Department of Transportation shall be known as the Director of Transportation, who shall be appointed by the Governor and, commencing January 16, 2023, confirmed by the Senate. and shall Upon confirmation, the director shall hold office at the pleasure of the Governor. All the powers, authority, and duties vested in the State Department of Transportation shall be exercised by the Director of Transportation.

Before entering upon the duties of office, the Director of Transportation shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, for the faithful performance of his or her duties.

§40-2-41.

The Commissioner of Revenue shall be appointed by the Governor and, commencing January 16, 2023, confirmed by the Senate. and shall hold office Upon confirmation, the commissioner shall serve at the pleasure of the Governor. He or she shall be a qualified elector and known to possess high character and knowledge of the general subject of taxation and matters pertaining thereto, a citizen of Alabama for at least five years, and at least 30 years of age. He or she shall not hold another office under the government of the United States or under any other state or of this state, or any political subdivision thereof, during his or her incumbency in such office and shall not hold any position of trust or profit or engage in any occupation or business the conduct of which shall interfere or be inconsistent with the duties he or she assumes as Commissioner of Revenue under the provisions of this title; provided, that no one shall be eligible to serve as Commissioner of Revenue while employed by or financially interested in any public service corporation, nor unless he shall have been a citizen of Alabama for a period of five years and shall be over 30 years of age.

§41-4-30.

The Department of Finance shall be headed by, and shall be under the direction, supervision, and control of, an officer who shall be known and designated as the Director of Finance. The Director of Finance shall be the chief financial officer of the state and the advisor of the Governor and of the Legislature in financial matters, and he or she shall at all times be charged with protecting the financial interests of the state. He or she shall be responsible to the Governor for the administration of the Department of Finance. The Director of Finance shall be appointed and hold office at the pleasure of the Governor by the Governor and, commencing January 16, 2023, confirmed by the Senate. Upon confirmation by the Senate, he or she shall serve at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his or her duties, the Director of Finance shall take the constitutional oath of office. The Director of Finance shall devote full time to his or her office and shall not hold another office under the government of the United States, or under any other state, or of this state or any political subdivision thereof, during his or her incumbency in such office, and he shall not hold any position of trust or profit or engage in any occupation or business, the conduct of which shall interfere or be inconsistent with the performance of his that person's duties as Director of Finance.

§41-27-2.

(a) The position of Secretary of the Alabama State Law Enforcement Agency is created. The secretary shall serve as the appointing authority and executive head of the agency and the appointing authority and department head of the Department of Public Safety and State Bureau of Investigations. The secretary may delegate all or part of the functions of appointing authority and department head for the department and bureau to the Director of the Department of Public Safety and the Director of the State Bureau of Investigations, respectively.

(b)(1) The secretary shall be appointed by and hold office at the pleasure of the Governor and, commencing January 16, 2023, confirmed by the Senate., and Upon confirmation by the Senate, he or she shall serve at the pleasure of the Governor shall serve until his or her successor is appointed. The salary of the secretary shall be set by the Governor, and shall not be subject to Section 36-6-6.

(2) A person appointed secretary shall have an extensive law enforcement background and, by virtue of office, is a state law enforcement officer with the immunity set forth in Section 6-5-338.

(c) The secretary is a member of the Governor's Cabinet who shall advise the Governor on matters of public safety.

(d) The secretary shall serve as the Homeland Security Advisor for this state, assume all duties of the Director of Homeland Security, including all functions of the Alabama Fusion Center, and shall be responsible for coordinating, designing, and implementing Alabama's program for homeland security, including immigration enforcement. The secretary shall be the principal point of contact between the State of Alabama and the federal government with respect to homeland security issues. Any reference in law to the authority of the Director of Homeland Security shall be deemed a reference to the Secretary of the Alabama State Law Enforcement Agency. The secretary may delegate all or a portion of the functions required by this section to the State Bureau of Investigations."

Section 2

The Commissioner of the Medicaid Agency shall be appointed by the Governor and, commencing January 16, 2023, confirmed by the Senate. Upon confirmation by the Senate, the commissioner shall serve at the pleasure of the Governor.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.