AL
Alabama Senate Bill SB221

Alabama 2024 Regular Session

Alabama Senate Bill SB221 Compare Versions

Only one version of the bill is available at this time.
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11 SB221INTRODUCED
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33 SB221
44 SGRN775-1
55 By Senator Price
66 RFD: Finance and Taxation General Fund
77 First Read: 19-Mar-24
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1212 5 SGRN775-1 03/18/2024 JC (L)tgw 2024-1139
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1414 First Read: 19-Mar-24
1515 SYNOPSIS:
1616 Existing law does not explicitly authorize local
1717 911 districts to pool their resources with one another
1818 by jointly exercising powers or providing services.
1919 This bill would recognize the authority of local
2020 911 districts to contract with one another to jointly
2121 exercise powers and services that each district may
2222 lawfully exercise on an individual basis.
2323 This bill would further provide minimum
2424 requirements to be followed by district boards when
2525 entering into a contract with another district and
2626 would also provide minimum requirements for the joint
2727 exercise contracts.
2828 This bill would delete duplicative language and
2929 would also make nonsubstantive, technical revisions to
3030 update the existing code language to current style.
3131 A BILL
3232 TO BE ENTITLED
3333 AN ACT
3434 Relating to emergency telephone services; to amend
3535 Section 11-98-4, Code of Alabama 1975, to further provide for
3636 local 911 districts by permitting two or more districts to
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6666 local 911 districts by permitting two or more districts to
6767 enter contracts to jointly provide services; to provide
6868 requirements for contracts to jointly provide services; and to
6969 delete duplicative language and make nonsubstantive, technical
7070 revisions to update the existing code language to current
7171 style.
7272 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7373 Section 1. Section 11-98-4, Code of Alabama 1975, is
7474 amended to read as follows:
7575 "ยง11-98-4
7676 (a) When any district is created, the creating
7777 authority may appoint a board of commissioners composed of
7878 seven members to govern its affairs, and shall fix the
7979 domicile of the board of commissioners at any point within the
8080 district. In the case of county districts, after the
8181 expiration of the terms of the members of the board of
8282 commissioners holding office on May 23, 2000, there may be at
8383 least one member of the board of commissioners from each
8484 county commission district if the number of the county
8585 commission does not exceed seven, unless a resolution dated
8686 before January 1, 2000, was passed by a county commission
8787 establishing an appointment process different from this
8888 section or as otherwise provided by the enactment of a local
8989 act after May 23, 2000. The members of the board of
9090 commissioners shall be qualified electors of the district, two
9191 of whom shall be appointed for terms of two years, three for
9292 terms of three years, and two for terms of four years, dating
9393 from the date of the adoption of the resolution or ordinance
9494 creating the district. Thereafter, all appointments of the
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124124 creating the district. Thereafter, all appointments of the
125125 members shall be for terms of four years.
126126 (b) The board of commissioners shall have complete and
127127 sole authority to appoint a chairmanchair and any other
128128 officers it may deem necessary from among the membership of
129129 the board of commissioners.
130130 (c) A majority of the board of commissioners membership
131131 shall constitute a quorum and all official action of the board
132132 of commissioners shall require a quorum.
133133 (d) The board of commissioners may employ such
134134 employees, experts, and consultants as it deems necessary to
135135 assist the board of commissioners in the discharge of its
136136 responsibilities to the extent that funds are made available.
137137 (e) In lieu of appointing a board of commissioners, the
138138 governing body of the creating authority may serve as the
139139 board of commissioners of the district, in which case it shall
140140 assume all the powers and duties of the board of commissioners
141141 as provided in this chapter.
142142 (f) In addition to other authority and powers necessary
143143 to establish, operate, maintain, and replace an emergency
144144 communication system, the board of commissioners shall have
145145 themay do any of the following authority:
146146 (1) To sueSue and be sued, to prosecute, and defend
147147 civil actions in any court having jurisdiction of the subject
148148 matter and of the parties.
149149 (2) To acquireAcquire or dispose of, whether by
150150 purchase, sale, gift, lease, devise, or otherwise, property of
151151 every description that the board may deem necessary,
152152 consistent with this section, and to hold title thereto.
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182182 consistent with this section, and to hold title thereto.
183183 (3) To constructConstruct, enlarge, equip, improve,
184184 maintain, and operate all aspects of an emergency
185185 communication system consistent with subsection (a) of Section
186186 11-98-6(a).
187187 (4) To borrowBorrow money for any of its purposes.
188188 (5) To provide for such Provide for liability and hazard
189189 insurance as the board of commissioners may deem advisable to
190190 include inclusion and continuation, or both, of district
191191 employees in state, county, municipal, or self-funded
192192 liability insurance programs.
193193 (6) To enterEnter into contracts or agreements with
194194 public or private safety agencies for dispatch services when
195195 suchthe terms, conditions, and charges are mutually agreed
196196 upon, unless otherwise provided by local law.
197197 (7) To makeMake grants to municipalities for
198198 dispatching equipment and services.
199199 (g) The board of commissioners may elect to form a
200200 nonprofit, public corporation with all of the powers and
201201 authority vested in suchthe political and legal entities. The
202202 certificate of incorporation shall recite, in part:
203203 (1) That this is a nonprofit, public corporation and is
204204 a political and legal subdivision of the State of Alabama as
205205 defined in this chapter.
206206 (2) The location of its principal office.
207207 (3) The name of the corporation.
208208 (4) That the governing body is the board of
209209 commissioners.
210210 (h) Any other provisions of this chapter
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240240 (h) Any other provisions of this chapter
241241 notwithstanding, the board of commissioners shall present to
242242 the creating authority for approval the acquisition,
243243 disposition, or improvements to real property.
244244 (i) In addition to the provisions of subdivision (5) of
245245 subsection (f)(5), each member of the board of commissioners
246246 and each director of an emergency communication district shall
247247 be bonded in an amount equal to one-half of one percent of the
248248 total funds received by the district in the prior fiscal year
249249 except the amount of the bond for any persons required to be
250250 bonded, shall not be less than ten thousand dollars ($10,000)
251251 nor exceed fifty thousand dollars ($50,000). The board of
252252 commissioners may require other employees to be bonded in an
253253 amount set by the board and made payable to the district. The
254254 bonds shall be paid for by the district, and a copy shall be
255255 on file at the offices of the district and at the office of
256256 the judge of probate of the county in which the district is
257257 incorporated. In the event the governing body of the creating
258258 authority serves as the board of commissioners of the
259259 district, each member of the board may combine the bond
260260 required hereinby this section with the bond required for
261261 service on the creating authority provided both the creating
262262 authority and the emergency communication district are
263263 adequately protected in the event of forfeiture and the
264264 portion of the bond payment required pursuant to this section
265265 is paid by the district.
266266 (j) Two or more boards of commissioners of districts
267267 that exist on the effective date of this act, by adopting
268268 identical resolutions, may contract for the districts they
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298298 identical resolutions, may contract for the districts they
299299 govern to jointly exercise any power or service that each of
300300 the districts is authorized to exercise individually.
301301 (1)a. It is sufficient that each of the contracting
302302 districts is lawfully authorized to exercise the power or
303303 service that is the subject of the contract regardless of the
304304 manner in which the power or service shall be exercised if at
305305 least one of the districts is authorized to exercise the power
306306 or service in the agreed upon manner.
307307 b. The power or service that is the subject of the
308308 contract may be exercised by each contracting district or may
309309 be exercised by one or more districts on behalf of all of the
310310 contracting districts.
311311 (2) Before adopting the resolution under this
312312 subsection, each district board of commissioners must give
313313 notice pursuant to Section 36-25A-3 of a hearing on the
314314 proposed contract at which the public may request information
315315 concerning, or present arguments for or against, the same.
316316 (3)a. The contract must: (i) state the intent of each
317317 district to cooperate with the joint exercise of the power or
318318 service; (ii) describe the power or service that the districts
319319 will jointly exercise; and (iii) provide a termination date
320320 for the contract no later than three years from the date of
321321 the contract.
322322 b. Notwithstanding a termination date for the contract,
323323 any district may terminate the contract by giving at least 180
324324 days' notice to the other district or districts.
325325 (4)a. The existence of a district as an individual
326326 political and legal subdivision of the state under this
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356356 political and legal subdivision of the state under this
357357 chapter is not modified or impaired when the district enters a
358358 contract provided under this subsection, neither are the
359359 lawful powers of the district in any way modified or impaired
360360 except to the extent necessary for the district to jointly
361361 exercise the power or service that is the subject of the
362362 contract.
363363 b. Nothing in this subsection shall restrict the powers
364364 of a district nor modify or impair the legal rights and duties
365365 under a contract that is in existence on the effective date of
366366 this act between or among districts.
367367 (5) 911 services may not be jointly provided pursuant
368368 to this subsection until the Statewide 911 Board certifies to
369369 the contracting districts that, pursuant to Section
370370 11-98-4.1(e)(8), joint operations are ready to occur without
371371 service interruption. "
372372 Section 2. This act shall become effective immediately
373373 following its passage and approval by the Governor, or its
374374 otherwise becoming law.
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