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Section 38-3-1
Section 38-3-1Created; composition.
There is hereby created the Department of Senior Services of the State of Alabama, which shall be under the direction and control of a board of directors which shall consist of 16 members. The board shall be composed of two members of the Senate to be appointed by the President of the Senate; two members of the House of Representatives to be appointed by the Speaker of the House; the Commissioner of the State Department of Labor, the State Health Officer, and the Commissioner of the State Department of Human Resources as ex officio members; and nine members to be appointed by the Governor for terms concurrent with the term of the Governor. Of the members appointed by the Governor, one shall be a representative of business, one shall be a representative of labor, one shall be a representative of the medical profession, three shall be representatives of senior citizen organizations and the remaining three shall be responsible citizens of the state, but no two of the latter three members shall belong to the same religious faith.
(Acts 1957, No. 554, p. 774, §1; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §2, Act 2000-744, p. 1655, §2.)Section 38-3-2
Section 38-3-2Duties.
(a) It shall be the duty of the members of the board to meet within 30 days after their appointment, and to elect a chair and other officers from among themselves, who shall serve for a period of two years. Thereafter, the board shall elect a new chair every two years.
(b) It shall be the duty of the board to do all of the following:
(1) Collect facts and statistics and make special studies of conditions and problems pertaining to the employment, health, financial status, recreation, social adjustment or other conditions affecting the welfare of the aging people in this state.
(2) Keep abreast of the latest developments in this field of activity throughout the nation, and to interpret its findings to the public.
(3) Provide for a mutual exchange of ideas and information on national, state and local levels.
(4) Give a report of its activities to the Legislature, and make recommendations for needed improvements and additional resources to promote the welfare of the aging in this state.
(5) Serve as an advisory body in regard to new legislation in this field.
(6) Coordinate the services of all agencies in this state serving senior citizens and request and receive reports from the various state agencies and institutions on matters within the jurisdiction of the board.
(Acts 1957, No. 554, p. 774, §2; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1665, §2.)Section 38-3-3
Section 38-3-3Subcommittees.
The board may create subcommittees to undertake special studies as it shall authorize and co-opt into subcommittees persons qualified in any field of activity relating to the welfare of the aging.
(Acts 1957, No. 554, p. 774, §3; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2.)Section 38-3-4
Section 38-3-4Compensation.
The members of the board shall receive no compensation for their services, other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. The expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees or other like agencies.
(Acts 1957, No. 554, p. 774, §4; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2.)Section 38-3-5
Section 38-3-5Executive director, confidential secretary, and other personnel; contract for meals programs.
(a) The Governor shall appoint an executive director for the Department of Senior Services and a confidential secretary and shall prescribe their duties, powers, and authority to carry out the provisions of this chapter. The executive director shall serve at the pleasure of the Governor and as executive officer and secretary of the board, and shall be a full-time employee of the board. The executive director , subject to the Merit System law, shall appoint additional personnel as may be necessary in carrying out the provisions of this chapter.
(b) Notwithstanding the provisions of subsection (d) of Section 41-16-27, the executive director may contract with providers for the various meals programs administered by the department for periods of up to five years with five additional one-year extension options at the discretion of the executive director. With respect to any meals programs contract between the department and any food service provider which was executed prior to August 1, 2004, and which remains in effect as of August 1, 2004, a current meals programs contract, the executive director may, with the written consent of any such food service provider, elect to extend such current meals programs contract with the extension period to be up to five years with five additional one-year extension options. The extension period shall commence on the day after the end of the current meals programs contract term then in effect. The executive director may, with the written consent of the food service provider, renegotiate the terms of a current meals programs contract provided that renegotiation is necessary, in the discretion of the executive director, to induce the food service provider to enter into a contract extension provided by this subsection and provided further that, in the discretion of the executive director, the extension of the current meals programs contract will reduce overall costs to the department. Nothing in this subsection shall be construed as providing for or affecting any exemption to subsection (a), (b), or (c) of Section 41-16-27 .
(Acts 1957, No. 554, p. 774, §5; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §3; Act 2000-744, p. 1655, §2; Act 2004-433, p. 738, §1.)Section 38-3-6
Section 38-3-6Authorization to receive gifts, etc.
The board or its executive director may receive and hold gifts, devises, bequests of money, real estate, and other things of value to be used in the support and development of its work. Bequests of money shall be deposited by the board into the Alabama Senior Services Trust Fund established and created as a separate fund in the State Treasury.
(Acts 1957, No. 554, p. 774, §6; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §4; Act 2000-744, p. 1655, §2.)Section 38-3-7
Section 38-3-7Continuation, transition, implementation.
(a) All rights, duties, property, real or personal, and all other effects existing in names of the Commission on the Aging, or in any other name by which the agency has been known, shall continue in the name of the Department of Senior Services. Any existing or future reference to the Commission on the Aging, or any other name by which the agency has been known, in any existing law, contract, or other instrument shall constitute a reference to the Department of Senior Services of the State of Alabama.
(b) The Commission on the Aging shall continue in existence as the Board of Directors of the Department of Senior Services.
(c) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition relating particularly to the use of equipment and supplies. All letterhead, business cards, forms, and any other materials in use by the commission containing the name Commission on the Aging shall continue to be used by the Department of Senior Services until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Senior Services.
(d) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of the Code of Alabama 1975.
(Act 2000-744, p. 1655, §1.)
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