16 | | - | Enrolled, An Act, |
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17 | | - | Relating to Emergency Management; to amend Section |
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18 | | - | 31-9-10, Code of Alabama 1975, to provide contract letting |
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19 | | - | requirements for local emergency management organizations; to |
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20 | | - | amend Section 31-9-60, Code of Alabama 1975, to increase |
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21 | | - | supplemental funding for assistance to local emergency |
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22 | | - | management organizations; to amend 31-9-61, Code of Alabama |
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23 | | - | 1975, to establish standards for course work for local |
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24 | | - | emergency management director certification; to amend Section |
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25 | | - | 31-9-62, Code of Alabama 1975, to change salary supplements |
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26 | | - | for local emergency management directors and revise local |
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27 | | - | emergency management organization eligibility for federal |
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28 | | - | funds; and to make nonsubstantive, technical revisions to |
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29 | | - | update the existing code language to current style. |
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30 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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31 | | - | Section 1. Sections 31-9-10, 31-9-60, 31-9-61, and |
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32 | | - | 31-9-62, Code of Alabama 1975, are amended to read as follows: |
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33 | | - | "§31-9-10 |
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34 | | - | (a) Each political subdivision of this state is hereby |
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35 | | - | authorized and directed to shallestablish a local |
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36 | | - | organization for emergency management in accordance with the |
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37 | | - | state emergency management plan and program and may confer or |
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38 | | - | authorize the conferring , upon members of the auxiliary |
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39 | | - | police, the powers of peace officers, subject to such |
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40 | | - | restrictions as shall be imposed. The governing body of the |
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41 | | - | political subdivision is authorized to appoint a director, who |
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42 | | - | shall have direct responsibility for the organization, |
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| 14 | + | SYNOPSIS: |
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| 15 | + | Under existing law, each county and municipality |
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| 16 | + | must establish a local emergency management |
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| 17 | + | organization to maintain public safety within its |
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| 18 | + | territorial limits in the event of a natural or manmade |
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| 19 | + | disaster or public health emergency pursuant to the |
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| 20 | + | state emergency management plan. The local emergency |
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| 21 | + | management organization is administered by a director |
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| 22 | + | who operates under the control of the governing body of |
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| 23 | + | the county or municipality. The director receives an |
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| 24 | + | annual salary supplement from the Alabama Emergency |
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| 25 | + | Management Agency in an amount necessary to provide the |
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| 26 | + | director an annual salary of $40,000, provided the |
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| 27 | + | supplement is capped at $12,000. |
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| 28 | + | This bill would revise the authority of local |
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| 29 | + | emergency management organizations relating to entering |
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| 30 | + | into contracts for supplies and services for disaster |
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| 31 | + | relief to authorize the letting of contracts outside of |
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| 32 | + | the parameters of the competitive bid law if certain |
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| 33 | + | conditions are met. |
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| 34 | + | This bill would increase the annual supplemental |
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| 35 | + | allocation to local organizations from the state Local |
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| 36 | + | Emergency Management Assistance Fund from $12,000 to |
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| 37 | + | $17,000, to be subsequently adjusted every five years |
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| 38 | + | by the Consumer Price Index. |
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72 | | - | administration, and operation of such the local organization |
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73 | | - | for emergency management, subject to the direction and control |
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74 | | - | of such the governing body. Each local organization for |
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75 | | - | emergency management shall perform emergency management |
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76 | | - | functions within the territorial limits of the political |
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77 | | - | subdivision within which it is organized, and, in addition, |
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78 | | - | shall conduct such functions outside of such its territorial |
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79 | | - | limits as may be required pursuant to the provisions of |
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80 | | - | authorized by this article. |
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81 | | - | (b) The governing body of each political subdivision |
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82 | | - | shall have the power and authority may do all of the |
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83 | | - | following: |
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84 | | - | (1) To appropriate Appropriate and expend funds, make |
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85 | | - | contracts, obtain and distribute equipment, materials, and |
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86 | | - | supplies for emergency management purposes; to provide for the |
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87 | | - | health and safety of persons and property, including emergency |
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88 | | - | assistance to the victims of any disaster; and to direct and |
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89 | | - | coordinate the development of emergency management plans and |
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90 | | - | programs in accordance with the policies and plans set by the |
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91 | | - | federal and state emergency management agencies. |
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92 | | - | (2) To appoint, employ, remove, or provide, with or |
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93 | | - | without compensation, air raid wardens, rescue teams, |
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94 | | - | auxiliary fire and police personnel, and other emergency |
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95 | | - | management workers; provided, that compensated employees shall |
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96 | | - | be subject to any existing civil service or Merit System laws |
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97 | | - | Appoint or employ the personnel necessary to accomplish the |
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98 | | - | goals of this chapter . |
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99 | | - | (3) To establish Establish a primary and one or more |
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| 68 | + | This bill would provide that course work |
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| 69 | + | required for certification as a local emergency |
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| 70 | + | management director must be recommended by the Alabama |
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| 71 | + | Association of Emergency Managers and approved by the |
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| 72 | + | Director of the Alabama Emergency Management Agency. |
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| 73 | + | This bill would revise the supplement to fund |
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| 74 | + | the director's salary from the Alabama Emergency |
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| 75 | + | Management Fund by removing any reference to the |
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| 76 | + | $40,000 target and instead provide a supplement in an |
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| 77 | + | amount necessary to constitute 35% of the director's |
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| 78 | + | salary, provided the supplement is capped at $17,000. |
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| 79 | + | This bill would tie any dollar values referenced |
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| 80 | + | in these provisions to be adjusted to reflect the |
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| 81 | + | Consumer Price Index. |
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| 82 | + | This bill would make nonsubstantive, technical |
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| 83 | + | revisions to update the existing code language to |
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| 84 | + | current style. |
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| 85 | + | A BILL |
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| 86 | + | TO BE ENTITLED |
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| 87 | + | AN ACT |
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| 88 | + | Relating to Emergency Management; to amend Section |
---|
| 89 | + | 31-9-10, Code of Alabama 1975, to provide contract letting |
---|
| 90 | + | requirements for local emergency management organizations; to |
---|
| 91 | + | amend Section 31-9-60, Code of Alabama 1975, to increase |
---|
| 92 | + | supplemental funding for assistance to local emergency |
---|
| 93 | + | management organizations; to amend 31-9-61, Code of Alabama |
---|
| 94 | + | 1975, to establish standards for course work for local |
---|
129 | | - | secondary control centers to serve as command posts during an |
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130 | | - | emergency, and to coordinate with other political subdivisions |
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131 | | - | to establish the same . |
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132 | | - | (4) To assign Assign and make available for duty the |
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133 | | - | employees, property, or equipment of the subdivision relating |
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134 | | - | to fire fighting, engineering, rescue, health, medical and |
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135 | | - | related service, police, transportation, construction, and |
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136 | | - | similar items or services for emergency management purposes, |
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137 | | - | within or outside of the physical limits of the subdivision. |
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138 | | - | (5) In the event the governing body of the political |
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139 | | - | subdivision determines that any of the conditions described in |
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140 | | - | Section 31-9-2(a) has occurred or is imminently likely to |
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141 | | - | occur, the governing body shall have the power may do any of |
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142 | | - | the following: |
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143 | | - | a. To waive procedure and formalities otherwise |
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144 | | - | required by law pertaining to the performance of public work, |
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145 | | - | entering into contracts, the incurring of obligations, the |
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146 | | - | employment of temporary workers, the utilization of volunteer |
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147 | | - | workers, the rental of equipment, the purchase and |
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148 | | - | distribution with or without compensation of supplies, |
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149 | | - | materials, and facilities, and the appropriation and |
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150 | | - | expenditure of public funds. Notwithstanding Article 3 of |
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151 | | - | Chapter 16 of Title 41, let contracts to the extent necessary |
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152 | | - | to address the conditions described in Section 31-9-2(a), |
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153 | | - | provided that the governing body does the following: |
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154 | | - | 1. Documents at least two price quotes or estimates |
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155 | | - | before letting the contract. |
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156 | | - | 2. Adopts a resolution or ordinance declaring the |
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| 124 | + | emergency management director certification; to amend Section |
---|
| 125 | + | 31-9-62, Code of Alabama 1975, to change salary supplements |
---|
| 126 | + | for local emergency management directors and revise local |
---|
| 127 | + | emergency management organization eligibility for federal |
---|
| 128 | + | funds; and to make nonsubstantive, technical revisions to |
---|
| 129 | + | update the existing code language to current style. |
---|
| 130 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
---|
| 131 | + | Section 1. Sections 31-9-10, 31-9-60, 31-9-61, and |
---|
| 132 | + | 31-9-62, Code of Alabama 1975, are amended to read as follows: |
---|
| 133 | + | "§31-9-10 |
---|
| 134 | + | (a) Each political subdivision of this state is hereby |
---|
| 135 | + | authorized and directed to shall establish a local |
---|
| 136 | + | organization for emergency management in accordance with the |
---|
| 137 | + | state emergency management plan and program and may confer or |
---|
| 138 | + | authorize the conferring , upon members of the auxiliary |
---|
| 139 | + | police, the powers of peace officers, subject to such |
---|
| 140 | + | restrictions as shall be imposed. The governing body of the |
---|
| 141 | + | political subdivision is authorized to appoint a director, who |
---|
| 142 | + | shall have direct responsibility for the organization, |
---|
| 143 | + | administration, and operation of such the local organization |
---|
| 144 | + | for emergency management, subject to the direction and control |
---|
| 145 | + | of such the governing body. Each local organization for |
---|
| 146 | + | emergency management shall perform emergency management |
---|
| 147 | + | functions within the territorial limits of the political |
---|
| 148 | + | subdivision within which it is organized, and, in addition, |
---|
| 149 | + | shall conduct such functions outside of such its territorial |
---|
| 150 | + | limits as may be required pursuant to the provisions of |
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| 151 | + | authorized by this article. |
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186 | | - | conditions, the action taken, and the reasons for taking the |
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187 | | - | action. |
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188 | | - | b. To impose Impose a public safety curfew for its |
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189 | | - | inhabitants. If a public safety curfew is imposed as |
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190 | | - | authorized herein , it shall be enforced by the appropriate law |
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191 | | - | enforcement agency within the political subdivision. A public |
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192 | | - | safety curfew imposed under this subsection subdivision shall |
---|
193 | | - | not apply to employees of utilities, cable, and |
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194 | | - | telecommunications companies and their contractors engaged in |
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195 | | - | activities necessary to maintain or restore utility, cable, |
---|
196 | | - | and or telecommunications services or to official emergency |
---|
197 | | - | management personnel engaged in emergency management |
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198 | | - | activities. |
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199 | | - | (6) To closeClose, notwithstanding Section 11-1-8, any |
---|
200 | | - | and all public buildings owned or leased by and under the |
---|
201 | | - | control of the political subdivision where emergency |
---|
202 | | - | conditions warrant, whether or not a local state of emergency |
---|
203 | | - | has been declared by the governing body of the political |
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204 | | - | subdivision. In the event that any documents required to be |
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205 | | - | filed by a time certain deadline cannot be filed in a timely |
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206 | | - | manner due to the closing of an office under this subdivision, |
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207 | | - | the deadline for filing shall be extended to the date that the |
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208 | | - | office is reopened as provided in Section 1-1-4. |
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209 | | - | (c)(1) In the event the Governor or the Legislature |
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210 | | - | proclaims a state of emergency affecting a political |
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211 | | - | subdivision as set forth in Section 31-9-8, the chair or |
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212 | | - | president of the governing body of the political subdivision |
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213 | | - | may execute a resolution on behalf of the governing body |
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| 181 | + | (b) The governing body of each political subdivision |
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| 182 | + | shall have the power and authority may do all of the |
---|
| 183 | + | following: |
---|
| 184 | + | (1) To appropriate Appropriate and expend funds, make |
---|
| 185 | + | contracts, obtain and distribute equipment, materials, and |
---|
| 186 | + | supplies for emergency management purposes; to provide for the |
---|
| 187 | + | health and safety of persons and property, including emergency |
---|
| 188 | + | assistance to the victims of any disaster; and to direct and |
---|
| 189 | + | coordinate the development of emergency management plans and |
---|
| 190 | + | programs in accordance with the policies and plans set by the |
---|
| 191 | + | federal and state emergency management agencies. |
---|
| 192 | + | (2) To appoint, employ, remove, or provide, with or |
---|
| 193 | + | without compensation, air raid wardens, rescue teams, |
---|
| 194 | + | auxiliary fire and police personnel, and other emergency |
---|
| 195 | + | management workers; provided, that compensated employees shall |
---|
| 196 | + | be subject to any existing civil service or Merit System laws |
---|
| 197 | + | Appoint or employ the personnel necessary to accomplish the |
---|
| 198 | + | goals of this chapter . |
---|
| 199 | + | (3) To establish Establish a primary and one or more |
---|
| 200 | + | secondary control centers to serve as command posts during an |
---|
| 201 | + | emergency, and to coordinate with other political subdivisions |
---|
| 202 | + | to establish the same . |
---|
| 203 | + | (4) To assign Assign and make available for duty the |
---|
| 204 | + | employees, property, or equipment of the subdivision relating |
---|
| 205 | + | to fire fighting, engineering, rescue, health, medical and |
---|
| 206 | + | related service, police, transportation, construction, and |
---|
| 207 | + | similar items or services for emergency management purposes, |
---|
| 208 | + | within or outside of the physical limits of the subdivision. |
---|
243 | | - | declaring that any of the conditions described in Section |
---|
244 | | - | 31-9-2(a) has occurred or is imminently likely to occur. |
---|
245 | | - | (2) Execution of the resolution by the chair or |
---|
246 | | - | president of the governing body shall authorize the governing |
---|
247 | | - | body to exercise the powers enumerated in subdivision (b)(5). |
---|
248 | | - | (d) No local governing body of a political subdivision |
---|
249 | | - | shall have the authority to provide for and compel evacuation |
---|
250 | | - | of the area except by the direction and under the supervision |
---|
251 | | - | of the Governor or the State Emergency Management Agency, or |
---|
252 | | - | both. Any action taken by the governing body of the political |
---|
253 | | - | subdivision shall remain in full force and effect unless |
---|
254 | | - | revoked by proclamation of the Governor, issued as provided in |
---|
255 | | - | Section 31-9-8. |
---|
256 | | - | (e)(1) Nothing in this section shall authorize the |
---|
257 | | - | seizure or confiscation of any firearm or ammunition from any |
---|
258 | | - | individual who is lawfully carrying or possessing the firearm |
---|
259 | | - | or ammunition except as provided in subdivision (2). |
---|
260 | | - | (2) A law enforcement officer who is acting in the |
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261 | | - | lawful discharge of pursuant to the officer's official duties |
---|
262 | | - | may disarm an individual if the officer reasonably believes |
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263 | | - | that it is immediately necessary for the protection of the |
---|
264 | | - | officer or another individual. The officer shall return the |
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265 | | - | firearm to the individual before discharging releasing that |
---|
266 | | - | individual unless the officer arrests that individual for |
---|
267 | | - | engaging in criminal activity or seizes the firearm as |
---|
268 | | - | evidence pursuant to an investigation for the commission of a |
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269 | | - | crime or, at the discretion of the officer, the individual |
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270 | | - | poses a threat to himself or herself or to others." |
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| 238 | + | (5) In the event the governing body of the political |
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| 239 | + | subdivision determines that any of the conditions described in |
---|
| 240 | + | Section 31-9-2(a) has occurred or is imminently likely to |
---|
| 241 | + | occur, the governing body shall have the power may do any of |
---|
| 242 | + | the following: |
---|
| 243 | + | a. To waive procedure and formalities otherwise |
---|
| 244 | + | required by law pertaining to the performance of public work, |
---|
| 245 | + | entering into contracts, the incurring of obligations, the |
---|
| 246 | + | employment of temporary workers, the utilization of volunteer |
---|
| 247 | + | workers, the rental of equipment, the purchase and |
---|
| 248 | + | distribution with or without compensation of supplies, |
---|
| 249 | + | materials, and facilities, and the appropriation and |
---|
| 250 | + | expenditure of public funds. Notwithstanding Article 3 of |
---|
| 251 | + | Chapter 16 of Title 41, let contracts to the extent necessary |
---|
| 252 | + | to address the conditions described in Section 31-9-2(a), |
---|
| 253 | + | provided that the governing body does the following: |
---|
| 254 | + | 1. Documents at least two price quotes or estimates |
---|
| 255 | + | before letting the contract. |
---|
| 256 | + | 2. Adopts a resolution or ordinance declaring the |
---|
| 257 | + | conditions, the action taken, and the reasons for taking the |
---|
| 258 | + | action. |
---|
| 259 | + | b. To impose Impose a public safety curfew for its |
---|
| 260 | + | inhabitants. If a public safety curfew is imposed as |
---|
| 261 | + | authorized herein , it shall be enforced by the appropriate law |
---|
| 262 | + | enforcement agency within the political subdivision. A public |
---|
| 263 | + | safety curfew imposed under this subsection subdivision shall |
---|
| 264 | + | not apply to employees of utilities, cable, and |
---|
| 265 | + | telecommunications companies and their contractors engaged in |
---|
300 | | - | "§31-9-60 |
---|
301 | | - | (a) There is established a Local Emergency Management |
---|
302 | | - | Agency Assistance Fund to provide supplemental funding for |
---|
303 | | - | local emergency management agencies organizations created and |
---|
304 | | - | operating under Section 31-9-10, for the purposes and under |
---|
305 | | - | the conditions set out in this article. The local emergency |
---|
306 | | - | management agency organization supplement shall be funded by |
---|
307 | | - | an annual allocation from the budget of the State of Alabama |
---|
308 | | - | Emergency Management Agency sufficient to make annual |
---|
309 | | - | disbursements up to twelve thousand dollars ($12,000) |
---|
310 | | - | seventeen thousand dollars ($17,000) , or up to the amount as |
---|
311 | | - | adjusted by the Consumer Price Index pursuant to Section |
---|
312 | | - | 31-9-62(f), for each local emergency management agency |
---|
313 | | - | organization in the state certified as meeting the criteria |
---|
314 | | - | and procedures for payment as set out in this article. |
---|
315 | | - | (b) All necessary and appropriate disbursements shall |
---|
316 | | - | be made by the Comptroller as provided in this article." |
---|
317 | | - | "§31-9-61 |
---|
318 | | - | (a)(1) The following requirements are hereby |
---|
319 | | - | established for the position of certified local emergency |
---|
320 | | - | management director created herein: |
---|
321 | | - | (1) a. Satisfactory completion of two years of college |
---|
322 | | - | level education. |
---|
323 | | - | (2) b. At least three years of work experience in the |
---|
324 | | - | area of emergency response, emergency management, or qualified |
---|
325 | | - | military service. |
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326 | | - | (3) c. Two hundred hours of course work in emergency |
---|
327 | | - | management as recommended by the Alabama Association of |
---|
| 295 | + | activities necessary to maintain or restore utility, cable, |
---|
| 296 | + | and or telecommunications services or to official emergency |
---|
| 297 | + | management personnel engaged in emergency management |
---|
| 298 | + | activities. |
---|
| 299 | + | (6) To closeClose, notwithstanding Section 11-1-8, any |
---|
| 300 | + | and all public buildings owned or leased by and under the |
---|
| 301 | + | control of the political subdivision where emergency |
---|
| 302 | + | conditions warrant, whether or not a local state of emergency |
---|
| 303 | + | has been declared by the governing body of the political |
---|
| 304 | + | subdivision. In the event that any documents required to be |
---|
| 305 | + | filed by a time certain deadline cannot be filed in a timely |
---|
| 306 | + | manner due to the closing of an office under this subdivision, |
---|
| 307 | + | the deadline for filing shall be extended to the date that the |
---|
| 308 | + | office is reopened as provided in Section 1-1-4. |
---|
| 309 | + | (c)(1) In the event the Governor or the Legislature |
---|
| 310 | + | proclaims a state of emergency affecting a political |
---|
| 311 | + | subdivision as set forth in Section 31-9-8, the chair or |
---|
| 312 | + | president of the governing body of the political subdivision |
---|
| 313 | + | may execute a resolution on behalf of the governing body |
---|
| 314 | + | declaring that any of the conditions described in Section |
---|
| 315 | + | 31-9-2(a) has occurred or is imminently likely to occur. |
---|
| 316 | + | (2) Execution of the resolution by the chair or |
---|
| 317 | + | president of the governing body shall authorize the governing |
---|
| 318 | + | body to exercise the powers enumerated in subdivision (b)(5). |
---|
| 319 | + | (d) No local governing body of a political subdivision |
---|
| 320 | + | shall have the authority to provide for and compel evacuation |
---|
| 321 | + | of the area except by the direction and under the supervision |
---|
| 322 | + | of the Governor or the State Emergency Management Agency, or |
---|
357 | | - | Emergency Managers and approved established by the Director of |
---|
358 | | - | the Alabama Emergency Management Agency. |
---|
359 | | - | (2) Any person who is serving as a local emergency |
---|
360 | | - | management director on June 14, 2007, shall be deemed to |
---|
361 | | - | satisfy the requirement for two years of college level |
---|
362 | | - | education if he or she has a minimum five years' work |
---|
363 | | - | experience as a local emergency management director provided |
---|
364 | | - | and he or she meets all other the requirements for |
---|
365 | | - | certificationrequirement of paragraph(a)(1)c . |
---|
366 | | - | (b) Any local emergency management director meeting the |
---|
367 | | - | standards set out in subsection (a) shall be granted the |
---|
368 | | - | designation of local emergency management director without the |
---|
369 | | - | completion of any further requirements unless the requirements |
---|
370 | | - | are approved by the governing board of the Alabama Local |
---|
371 | | - | Government Training Institute established in Section 11-3-44." |
---|
372 | | - | "§31-9-62 |
---|
373 | | - | (a) For the purposes of this section, a certified local |
---|
374 | | - | emergency management director is a local emergency management |
---|
375 | | - | director who completes the requirements to be a certified |
---|
376 | | - | local emergency management director and is so designated by |
---|
377 | | - | the Director of the Alabama Emergency Management Agency. |
---|
378 | | - | (a) (b)(1) Each state-recognized local emergency |
---|
379 | | - | management agency organization that employs and retains a |
---|
380 | | - | local emergency management director who completes the |
---|
381 | | - | requirements to be a certified local emergency management |
---|
382 | | - | director and is so designated by the Director of the Alabama |
---|
383 | | - | Emergency Management Agency certified local emergency |
---|
384 | | - | management director shall receive an annual salary supplement |
---|
| 352 | + | both. Any action taken by the governing body of the political |
---|
| 353 | + | subdivision shall remain in full force and effect unless |
---|
| 354 | + | revoked by proclamation of the Governor, issued as provided in |
---|
| 355 | + | Section 31-9-8. |
---|
| 356 | + | (e)(1) Nothing in this section shall authorize the |
---|
| 357 | + | seizure or confiscation of any firearm or ammunition from any |
---|
| 358 | + | individual who is lawfully carrying or possessing the firearm |
---|
| 359 | + | or ammunition except as provided in subdivision (2). |
---|
| 360 | + | (2) A law enforcement officer who is acting in the |
---|
| 361 | + | lawful discharge of pursuant to the officer's official duties |
---|
| 362 | + | may disarm an individual if the officer reasonably believes |
---|
| 363 | + | that it is immediately necessary for the protection of the |
---|
| 364 | + | officer or another individual. The officer shall return the |
---|
| 365 | + | firearm to the individual before discharging releasing that |
---|
| 366 | + | individual unless the officer arrests that individual for |
---|
| 367 | + | engaging in criminal activity or seizes the firearm as |
---|
| 368 | + | evidence pursuant to an investigation for the commission of a |
---|
| 369 | + | crime or, at the discretion of the officer, the individual |
---|
| 370 | + | poses a threat to himself or herself or to others." |
---|
| 371 | + | "§31-9-60 |
---|
| 372 | + | (a) There is established a Local Emergency Management |
---|
| 373 | + | Agency Assistance Fund to provide supplemental funding for |
---|
| 374 | + | local emergency management agencies organizations created and |
---|
| 375 | + | operating under Section 31-9-10, for the purposes and under |
---|
| 376 | + | the conditions set out in this article. The local emergency |
---|
| 377 | + | management agency organization supplement shall be funded by |
---|
| 378 | + | an annual allocation from the budget of the State of Alabama |
---|
| 379 | + | Emergency Management Agency sufficient to make annual |
---|
414 | | - | from the Alabama Emergency Management Agency in an amount |
---|
415 | | - | necessary to provide the local director with a total salary of |
---|
416 | | - | forty thousand dollars ($40,000) per year. to constitute 35 |
---|
417 | | - | percent of the certified local emergency management director's |
---|
418 | | - | total salary.The amount of the salary supplement shall be the |
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419 | | - | difference between the salary paid to the local director on |
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420 | | - | the date of his or her certification and forty thousand |
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421 | | - | dollars ($40,000) per year. In no case shall the salary |
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422 | | - | supplement paid as provided herein be more than twelve |
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423 | | - | thousand dollars ($12,000) seventeen thousand dollars |
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424 | | - | ($17,000) per county and such supplement shall not be paid to |
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425 | | - | any local agency that does not increase the salary of such |
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426 | | - | certified local emergency management director to at least |
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427 | | - | forty thousand dollars ($40,000) per year . |
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428 | | - | (2) The subsidy salary supplement shall be paid |
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429 | | - | quarterly as a reimbursement for the salary paid to the local |
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430 | | - | director in the prior three months, under rules and procedures |
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431 | | - | established by the Director of the Alabama Emergency |
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432 | | - | Management Agency. There is annually appropriated from the |
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433 | | - | State General Fund to the Alabama Emergency Management Agency |
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434 | | - | such funds as are necessary to meet the requirements of this |
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435 | | - | subsection. A salary supplement shall not be paid to certified |
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436 | | - | local emergency management directors who receive that status |
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437 | | - | on or after October 1, 2023, until the beginning of the fiscal |
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438 | | - | year following the completion of the requirements and |
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439 | | - | designation by the Director of the Alabama Emergency |
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440 | | - | Management Agency. |
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441 | | - | (b) If the amount of the supplement provided in |
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| 409 | + | disbursements up to twelve thousand dollars ($12,000) |
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| 410 | + | seventeen thousand dollars ($17,000), or up to the amount as |
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| 411 | + | adjusted by the Consumer Price Index pursuant to Section |
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| 412 | + | 31-9-62(e), for each local emergency management agency |
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| 413 | + | organization in the state certified as meeting the criteria |
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| 414 | + | and procedures for payment as set out in this article. |
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| 415 | + | (b) All necessary and appropriate disbursements shall |
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| 416 | + | be made by the Comptroller as provided in this article." |
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| 417 | + | "§31-9-61 |
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| 418 | + | (a)(1) The following requirements are hereby |
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| 419 | + | established for the position of certified local emergency |
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| 420 | + | management director created herein: |
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| 421 | + | (1) a. Satisfactory completion of two years of college |
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| 422 | + | level education. |
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| 423 | + | (2) b. At least three years of work experience in the |
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| 424 | + | area of emergency response, emergency management, or qualified |
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| 425 | + | military service. |
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| 426 | + | (3) c. Two hundred hours of course work in emergency |
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| 427 | + | management as recommended by the Alabama Association of |
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| 428 | + | Emergency Managers and approved established by the Director of |
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| 429 | + | the Alabama Emergency Management Agency. |
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| 430 | + | (2) Any person who is serving as a local emergency |
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| 431 | + | management director on June 14, 2007, shall be deemed to |
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| 432 | + | satisfy the requirement for two years of college level |
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| 433 | + | education if he or she has a minimum five years' work |
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| 434 | + | experience as a local emergency management director provided |
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| 435 | + | and he or she meets all other the requirements for |
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| 436 | + | certificationrequirement of paragraph(a)(1)c . |
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471 | | - | subsection (a) is less than twelve thousand dollars ($12,000), |
---|
472 | | - | the local agency shall be eligible for the additional |
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473 | | - | allocation of federal funds as provided in subsection (c). |
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474 | | - | However, the total supplement received by any local agency |
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475 | | - | from the provisions of subsection (a) and the additional |
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476 | | - | allocation of federal funds provided in subsection (c) shall |
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477 | | - | not exceed a total of twelve thousand dollars ($12,000) per |
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478 | | - | year. |
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479 | | - | (c) Each state-recognized local emergency management |
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480 | | - | agency that employs and retains a local emergency management |
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| 466 | + | (b) Any local emergency management director meeting the |
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| 467 | + | standards set out in subsection (a) shall be granted the |
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| 468 | + | designation of local emergency management director without the |
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| 469 | + | completion of any further requirements unless the requirements |
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| 470 | + | are approved by the governing board of the Alabama Local |
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| 471 | + | Government Training Institute established in Section 11-3-44." |
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| 472 | + | "§31-9-62 |
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| 473 | + | (a) For the purposes of this section, a certified local |
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| 474 | + | emergency management director is a local emergency management |
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482 | | - | local emergency management director, is so designated by the |
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483 | | - | Director of the Alabama Emergency Management Agency and is |
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484 | | - | receiving total salary of forty thousand dollars ($40,000) or |
---|
485 | | - | more on the date of his or her certification shall not be |
---|
486 | | - | eligible for the supplement provided in subsection (a). |
---|
487 | | - | However, such local emergency management agencies employing |
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488 | | - | such certified directors shall be entitled to an additional |
---|
489 | | - | allocation of federal funds made available to the department |
---|
490 | | - | for local mitigation, planning, and program purposes as |
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491 | | - | provided herein. Beginning on October 1, 2007, and each year |
---|
492 | | - | thereafter, the department shall set aside additional federal |
---|
493 | | - | funds in an amount equal to 25 percent of the total increase |
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494 | | - | in such funds above those amounts received in the fiscal year |
---|
495 | | - | ending September 30, 2007. These funds shall be divided |
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496 | | - | equally among those the state-recognized local emergency |
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497 | | - | management agencies organizations qualifying as provided |
---|
498 | | - | hereinthat employ and retain a certified local emergency |
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| 476 | + | local emergency management director and is so designated by |
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| 477 | + | the Director of the Alabama Emergency Management Agency. |
---|
| 478 | + | (a) (b)(1) Each state-recognized local emergency |
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| 479 | + | management agency organization that employs and retains a |
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| 480 | + | local emergency management director who completes the |
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| 481 | + | requirements to be a certified local emergency management |
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| 482 | + | director and is so designated by the Director of the Alabama |
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| 483 | + | Emergency Management Agency certified local emergency |
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| 484 | + | management director shall receive an annual salary supplement |
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| 485 | + | from the Alabama Emergency Management Agency in an amount |
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| 486 | + | necessary to provide the local director with a total salary of |
---|
| 487 | + | forty thousand dollars ($40,000) per year. to constitute 35 |
---|
| 488 | + | percent of the certified local emergency management director's |
---|
| 489 | + | total salary.The amount of the salary supplement shall be the |
---|
| 490 | + | difference between the salary paid to the local director on |
---|
| 491 | + | the date of his or her certification and forty thousand |
---|
| 492 | + | dollars ($40,000) per year. In no case shall the salary |
---|
| 493 | + | supplement paid as provided herein be more than twelve |
---|
528 | | - | management director . However, the total supplement received by |
---|
529 | | - | any local agency from the provisions of subsection (a) and the |
---|
530 | | - | additional allocation of federal funds provided in this |
---|
531 | | - | subsection shall not exceed a total of twelve thousand dollars |
---|
532 | | - | ($12,000) per year. |
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533 | | - | (d) There is annually appropriated from the state |
---|
534 | | - | General Fund to the Alabama Emergency Management agency such |
---|
535 | | - | funds as are necessary to meet the requirements of this |
---|
536 | | - | section. |
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537 | | - | (d)(e) No monies provided for in this article may be |
---|
538 | | - | expended for any purpose unless they have been appropriated by |
---|
539 | | - | the Legislature and allocated pursuant to this article. Any |
---|
540 | | - | funds appropriated shall be budgeted and allotted pursuant to |
---|
541 | | - | the Budget Management Act in accordance with Article 4 |
---|
542 | | - | (commencing with Section 41-4-80) of Chapter 4 of Title 41, |
---|
543 | | - | and only in the amounts provided by the Legislature in the |
---|
544 | | - | general appropriations act or other appropriations act. |
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545 | | - | "(f) The dollar values in this section shall be |
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546 | | - | adjusted every five years based on the Consumer Price Index |
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547 | | - | for all urban consumers as published by the U.S. Department of |
---|
548 | | - | Labor, Bureau of Labor Statistics. |
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549 | | - | Section 2. This act shall become effective on the first |
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550 | | - | day of the third month October 1, 2023, following its passage |
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551 | | - | and approval by the Governor, or its otherwise becoming law. |
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| 523 | + | thousand dollars ($12,000) seventeen thousand dollars |
---|
| 524 | + | ($17,000) per county and such supplement shall not be paid to |
---|
| 525 | + | any local agency that does not increase the salary of such |
---|
| 526 | + | certified local emergency management director to at least |
---|
| 527 | + | forty thousand dollars ($40,000) per year . |
---|
| 528 | + | (2) The subsidy salary supplement shall be paid |
---|
| 529 | + | quarterly as a reimbursement for the salary paid to the local |
---|
| 530 | + | director in the prior three months, under rules and procedures |
---|
| 531 | + | established by the Director of the Alabama Emergency |
---|
| 532 | + | Management Agency. There is annually appropriated from the |
---|
| 533 | + | State General Fund to the Alabama Emergency Management Agency |
---|
| 534 | + | such funds as are necessary to meet the requirements of this |
---|
| 535 | + | subsection. |
---|
| 536 | + | (b) If the amount of the supplement provided in |
---|
| 537 | + | subsection (a) is less than twelve thousand dollars ($12,000), |
---|
| 538 | + | the local agency shall be eligible for the additional |
---|
| 539 | + | allocation of federal funds as provided in subsection (c). |
---|
| 540 | + | However, the total supplement received by any local agency |
---|
| 541 | + | from the provisions of subsection (a) and the additional |
---|
| 542 | + | allocation of federal funds provided in subsection (c) shall |
---|
| 543 | + | not exceed a total of twelve thousand dollars ($12,000) per |
---|
| 544 | + | year. |
---|
| 545 | + | (c) Each state-recognized local emergency management |
---|
| 546 | + | agency that employs and retains a local emergency management |
---|
| 547 | + | director who completes the requirements to be a certified |
---|
| 548 | + | local emergency management director, is so designated by the |
---|
| 549 | + | Director of the Alabama Emergency Management Agency and is |
---|
| 550 | + | receiving total salary of forty thousand dollars ($40,000) or |
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594 | | - | 280 |
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| 578 | + | 280 SB22 INTRODUCEDSB22 INTRODUCED |
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| 579 | + | Page 11 |
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| 580 | + | more on the date of his or her certification shall not be |
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| 581 | + | eligible for the supplement provided in subsection (a). |
---|
| 582 | + | However, such local emergency management agencies employing |
---|
| 583 | + | such certified directors shall be entitled to an additional |
---|
| 584 | + | allocation of federal funds made available to the department |
---|
| 585 | + | for local mitigation, planning, and program purposes as |
---|
| 586 | + | provided herein. Beginning on October 1, 2007, and each year |
---|
| 587 | + | thereafter, the department shall set aside additional federal |
---|
| 588 | + | funds in an amount equal to 25 percent of the total increase |
---|
| 589 | + | in such funds above those amounts received in the fiscal year |
---|
| 590 | + | ending September 30, 2007. These funds shall be divided |
---|
| 591 | + | equally among those the state-recognized local emergency |
---|
| 592 | + | management agencies organizations qualifying as provided |
---|
| 593 | + | hereinthat employ and retain a certified local emergency |
---|
| 594 | + | management director . However, the total supplement received by |
---|
| 595 | + | any local agency from the provisions of subsection (a) and the |
---|
| 596 | + | additional allocation of federal funds provided in this |
---|
| 597 | + | subsection shall not exceed a total of twelve thousand dollars |
---|
| 598 | + | ($12,000) per year. |
---|
| 599 | + | (d) There is annually appropriated from the state |
---|
| 600 | + | General Fund to the Alabama Emergency Management agency such |
---|
| 601 | + | funds as are necessary to meet the requirements of this |
---|
| 602 | + | section. |
---|
| 603 | + | (d)(e) No monies provided for in this article may be |
---|
| 604 | + | expended for any purpose unless they have been appropriated by |
---|
| 605 | + | the Legislature and allocated pursuant to this article. Any |
---|
| 606 | + | funds appropriated shall be budgeted and allotted pursuant to |
---|
| 607 | + | the Budget Management Act in accordance with Article 4 |
---|