SB22ENROLLED
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6YTL3Z-3
By Senator Jones
RFD: Finance and Taxation General Fund
First Read: 07-Mar-23
PFD: 23-Feb-23
2023 Regular Session
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Enrolled, An Act,
Relating to Emergency Management; to amend Section
31-9-10, Code of Alabama 1975, to provide contract letting
requirements for local emergency management organizations; to
amend Section 31-9-60, Code of Alabama 1975, to increase
supplemental funding for assistance to local emergency
management organizations; to amend 31-9-61, Code of Alabama
1975, to establish standards for course work for local
emergency management director certification; to amend Section
31-9-62, Code of Alabama 1975, to change salary supplements
for local emergency management directors and revise local
emergency management organization eligibility for federal
funds; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-9-10, 31-9-60, 31-9-61, and
31-9-62, Code of Alabama 1975, are amended to read as follows:
"§31-9-10
(a) Each political subdivision of this state is hereby
authorized and directed to shallestablish a local
organization for emergency management in accordance with the
state emergency management plan and program and may confer or
authorize the conferring , upon members of the auxiliary
police, the powers of peace officers, subject to such
restrictions as shall be imposed. The governing body of the
political subdivision is authorized to appoint a director, who
shall have direct responsibility for the organization,
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administration, and operation of such the local organization
for emergency management, subject to the direction and control
of such the governing body. Each local organization for
emergency management shall perform emergency management
functions within the territorial limits of the political
subdivision within which it is organized, and, in addition,
shall conduct such functions outside of such its territorial
limits as may be required pursuant to the provisions of
authorized by this article.
(b) The governing body of each political subdivision
shall have the power and authority may do all of the
following:
(1) To appropriate Appropriate and expend funds, make
contracts, obtain and distribute equipment, materials, and
supplies for emergency management purposes; to provide for the
health and safety of persons and property, including emergency
assistance to the victims of any disaster; and to direct and
coordinate the development of emergency management plans and
programs in accordance with the policies and plans set by the
federal and state emergency management agencies.
(2) To appoint, employ, remove, or provide, with or
without compensation, air raid wardens, rescue teams,
auxiliary fire and police personnel, and other emergency
management workers; provided, that compensated employees shall
be subject to any existing civil service or Merit System laws
Appoint or employ the personnel necessary to accomplish the
goals of this chapter .
(3) To establish Establish a primary and one or more
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secondary control centers to serve as command posts during an
emergency, and to coordinate with other political subdivisions
to establish the same .
(4) To assign Assign and make available for duty the
employees, property, or equipment of the subdivision relating
to fire fighting, engineering, rescue, health, medical and
related service, police, transportation, construction, and
similar items or services for emergency management purposes,
within or outside of the physical limits of the subdivision.
(5) In the event the governing body of the political
subdivision determines that any of the conditions described in
Section 31-9-2(a) has occurred or is imminently likely to
occur, the governing body shall have the power may do any of
the following:
a. To waive procedure and formalities otherwise
required by law pertaining to the performance of public work,
entering into contracts, the incurring of obligations, the
employment of temporary workers, the utilization of volunteer
workers, the rental of equipment, the purchase and
distribution with or without compensation of supplies,
materials, and facilities, and the appropriation and
expenditure of public funds. Notwithstanding Article 3 of
Chapter 16 of Title 41, let contracts to the extent necessary
to address the conditions described in Section 31-9-2(a),
provided that the governing body does the following:
1. Documents at least two price quotes or estimates
before letting the contract.
2. Adopts a resolution or ordinance declaring the
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conditions, the action taken, and the reasons for taking the
action.
b. To impose Impose a public safety curfew for its
inhabitants. If a public safety curfew is imposed as
authorized herein , it shall be enforced by the appropriate law
enforcement agency within the political subdivision. A public
safety curfew imposed under this subsection subdivision shall
not apply to employees of utilities, cable, and
telecommunications companies and their contractors engaged in
activities necessary to maintain or restore utility, cable,
and or telecommunications services or to official emergency
management personnel engaged in emergency management
activities.
(6) To closeClose, notwithstanding Section 11-1-8, any
and all public buildings owned or leased by and under the
control of the political subdivision where emergency
conditions warrant, whether or not a local state of emergency
has been declared by the governing body of the political
subdivision. In the event that any documents required to be
filed by a time certain deadline cannot be filed in a timely
manner due to the closing of an office under this subdivision,
the deadline for filing shall be extended to the date that the
office is reopened as provided in Section 1-1-4.
(c)(1) In the event the Governor or the Legislature
proclaims a state of emergency affecting a political
subdivision as set forth in Section 31-9-8, the chair or
president of the governing body of the political subdivision
may execute a resolution on behalf of the governing body
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declaring that any of the conditions described in Section
31-9-2(a) has occurred or is imminently likely to occur.
(2) Execution of the resolution by the chair or
president of the governing body shall authorize the governing
body to exercise the powers enumerated in subdivision (b)(5).
(d) No local governing body of a political subdivision
shall have the authority to provide for and compel evacuation
of the area except by the direction and under the supervision
of the Governor or the State Emergency Management Agency, or
both. Any action taken by the governing body of the political
subdivision shall remain in full force and effect unless
revoked by proclamation of the Governor, issued as provided in
Section 31-9-8.
(e)(1) Nothing in this section shall authorize the
seizure or confiscation of any firearm or ammunition from any
individual who is lawfully carrying or possessing the firearm
or ammunition except as provided in subdivision (2).
(2) A law enforcement officer who is acting in the
lawful discharge of pursuant to the officer's official duties
may disarm an individual if the officer reasonably believes
that it is immediately necessary for the protection of the
officer or another individual. The officer shall return the
firearm to the individual before discharging releasing that
individual unless the officer arrests that individual for
engaging in criminal activity or seizes the firearm as
evidence pursuant to an investigation for the commission of a
crime or, at the discretion of the officer, the individual
poses a threat to himself or herself or to others."
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"§31-9-60
(a) There is established a Local Emergency Management
Agency Assistance Fund to provide supplemental funding for
local emergency management agencies organizations created and
operating under Section 31-9-10, for the purposes and under
the conditions set out in this article. The local emergency
management agency organization supplement shall be funded by
an annual allocation from the budget of the State of Alabama
Emergency Management Agency sufficient to make annual
disbursements up to twelve thousand dollars ($12,000)
seventeen thousand dollars ($17,000) , or up to the amount as
adjusted by the Consumer Price Index pursuant to Section
31-9-62(f), for each local emergency management agency
organization in the state certified as meeting the criteria
and procedures for payment as set out in this article.
(b) All necessary and appropriate disbursements shall
be made by the Comptroller as provided in this article."
"§31-9-61
(a)(1) The following requirements are hereby
established for the position of certified local emergency
management director created herein:
(1) a. Satisfactory completion of two years of college
level education.
(2) b. At least three years of work experience in the
area of emergency response, emergency management, or qualified
military service.
(3) c. Two hundred hours of course work in emergency
management as recommended by the Alabama Association of
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Emergency Managers and approved established by the Director of
the Alabama Emergency Management Agency.
(2) Any person who is serving as a local emergency
management director on June 14, 2007, shall be deemed to
satisfy the requirement for two years of college level
education if he or she has a minimum five years' work
experience as a local emergency management director provided
and he or she meets all other the requirements for
certificationrequirement of paragraph(a)(1)c .
(b) Any local emergency management director meeting the
standards set out in subsection (a) shall be granted the
designation of local emergency management director without the
completion of any further requirements unless the requirements
are approved by the governing board of the Alabama Local
Government Training Institute established in Section 11-3-44."
"§31-9-62
(a) For the purposes of this section, a certified local
emergency management director is a local emergency management
director who completes the requirements to be a certified
local emergency management director and is so designated by
the Director of the Alabama Emergency Management Agency.
(a) (b)(1) Each state-recognized local emergency
management agency organization that employs and retains a
local emergency management director who completes the
requirements to be a certified local emergency management
director and is so designated by the Director of the Alabama
Emergency Management Agency certified local emergency
management director shall receive an annual salary supplement
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from the Alabama Emergency Management Agency in an amount
necessary to provide the local director with a total salary of
forty thousand dollars ($40,000) per year. to constitute 35
percent of the certified local emergency management director's
total salary.The amount of the salary supplement shall be the
difference between the salary paid to the local director on
the date of his or her certification and forty thousand
dollars ($40,000) per year. In no case shall the salary
supplement paid as provided herein be more than twelve
thousand dollars ($12,000) seventeen thousand dollars
($17,000) per county and such supplement shall not be paid to
any local agency that does not increase the salary of such
certified local emergency management director to at least
forty thousand dollars ($40,000) per year .
(2) The subsidy salary supplement shall be paid
quarterly as a reimbursement for the salary paid to the local
director in the prior three months, under rules and procedures
established by the Director of the Alabama Emergency
Management Agency. There is annually appropriated from the
State General Fund to the Alabama Emergency Management Agency
such funds as are necessary to meet the requirements of this
subsection. A salary supplement shall not be paid to certified
local emergency management directors who receive that status
on or after October 1, 2023, until the beginning of the fiscal
year following the completion of the requirements and
designation by the Director of the Alabama Emergency
Management Agency.
(b) If the amount of the supplement provided in
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subsection (a) is less than twelve thousand dollars ($12,000),
the local agency shall be eligible for the additional
allocation of federal funds as provided in subsection (c).
However, the total supplement received by any local agency
from the provisions of subsection (a) and the additional
allocation of federal funds provided in subsection (c) shall
not exceed a total of twelve thousand dollars ($12,000) per
year.
(c) Each state-recognized local emergency management
agency that employs and retains a local emergency management
director who completes the requirements to be a certified
local emergency management director, is so designated by the
Director of the Alabama Emergency Management Agency and is
receiving total salary of forty thousand dollars ($40,000) or
more on the date of his or her certification shall not be
eligible for the supplement provided in subsection (a).
However, such local emergency management agencies employing
such certified directors shall be entitled to an additional
allocation of federal funds made available to the department
for local mitigation, planning, and program purposes as
provided herein. Beginning on October 1, 2007, and each year
thereafter, the department shall set aside additional federal
funds in an amount equal to 25 percent of the total increase
in such funds above those amounts received in the fiscal year
ending September 30, 2007. These funds shall be divided
equally among those the state-recognized local emergency
management agencies organizations qualifying as provided
hereinthat employ and retain a certified local emergency
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management director . However, the total supplement received by
any local agency from the provisions of subsection (a) and the
additional allocation of federal funds provided in this
subsection shall not exceed a total of twelve thousand dollars
($12,000) per year.
(d) There is annually appropriated from the state
General Fund to the Alabama Emergency Management agency such
funds as are necessary to meet the requirements of this
section.
(d)(e) No monies provided for in this article may be
expended for any purpose unless they have been appropriated by
the Legislature and allocated pursuant to this article. Any
funds appropriated shall be budgeted and allotted pursuant to
the Budget Management Act in accordance with Article 4
(commencing with Section 41-4-80) of Chapter 4 of Title 41,
and only in the amounts provided by the Legislature in the
general appropriations act or other appropriations act.
"(f) The dollar values in this section shall be
adjusted every five years based on the Consumer Price Index
for all urban consumers as published by the U.S. Department of
Labor, Bureau of Labor Statistics.
Section 2. This act shall become effective on the first
day of the third month October 1, 2023, following its passage
and approval by the Governor, or its otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB22
Senate 04-Apr-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 27-Apr-23
Senate concurred in House amendment 02-May-23
By: Senator Jones
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