Alabama 2025 Regular Session

Alabama House Bill HB168 Compare Versions

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33 HB168
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55 By Representative Treadaway
66 RFD: Urban and Rural Development
77 First Read: 05-Feb-25
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12-5 HB168 Enrolled
12+5 9N7EMBM-1 02/03/2025 JC (L)lg 2025-483
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1414 First Read: 05-Feb-25
15-Enrolled, An Act,
16-Relating to local emergency management organizations;
17-to amend Section 31-9-9, Code of Alabama 1975, to further
18-provide for mutual aid agreements with other public or private
19-agencies for reciprocal aid to protect public health and
20-safety; to vest the authority in the governing body; to amend
21-Section 31-9-11, Code of Alabama 1975, to further provide that
22-employees of political subdivisions have the same powers and
23-immunities when they act outside of the political subdivision
24-pursuant to a mutual aid agreement; and to make nonsubstantive
25-changes to update the existing code language to current style.
26-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27-Section 1. Sections 31-9-9 and 31-9-11, Code of Alabama
28-1975, are amended to read as follows:
29- "§31-9-9
30-(a) The directorgoverning body of each local
31-organization for emergency management may develop or cause to
32-be developed mutual aid agreements with other public and
33-private agencies within this state for reciprocal emergency
34-management aid and assistance in case of disaster too great to
35-be dealt with unassisted. The governing body may also develop
36-or cause to be developed mutual aid agreements with other
37-public or private agencies within the state for reciprocal aid
38-and assistance to protect the public peace, health, and
39-safety, and to preserve the lives and property of the people
40-of the state. Such agreements shall be consistent with the
41-state emergency management plan and program, and a copy of
15+SYNOPSIS:
16+Existing law provides that local emergency
17+management organizations, through the director, may
18+enter into mutual aid agreements with other public and
19+private agencies for reciprocal emergency aid when the
20+size of a disaster requires such aid.
21+This bill would transfer the authority to enter
22+into mutual aid agreements to the governing body of the
23+local emergency management organization; and would also
24+provide that mutual aid agreements can be developed
25+with other agencies for reciprocal aid to protect
26+public peace and safety.
27+This bill would also provide that employees of
28+other political subdivisions have the same power and
29+immunity when they render assistance under such a
30+mutual aid agreement outside their political
31+subdivision.
32+This bill would further make nonsubstantive
33+changes to update the existing code language to current
34+style.
35+A BILL
36+TO BE ENTITLED
37+AN ACT
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67+AN ACT
68+Relating to local emergency management organizations;
69+to amend Section 31-9-9, Code of Alabama 1975, to further
70+provide for mutual aid agreements with other public or private
71+agencies for reciprocal aid to protect public health and
72+safety; to vest the authority in the governing body; to amend
73+Section 31-9-11, Code of Alabama 1975, to further provide that
74+employees of political subdivisions have the same powers and
75+immunities when they act outside of the political subdivision
76+pursuant to a mutual aid agreement; and to make nonsubstantive
77+changes to update the existing code language to current style.
78+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
79+Section 1. Sections 31-9-9 and 31-9-11, Code of Alabama
80+1975, are amended to read as follows:
81+ "§31-9-9
82+(a) The directorgoverning body of each local
83+organization for emergency management may develop or cause to
84+be developed mutual aid agreements with other public and
85+private agencies within this state for reciprocal emergency
86+management aid and assistance in case of disaster too great to
87+be dealt with unassisted. The governing body may also develop
88+or cause to be developed mutual aid agreements with other
89+public or private agencies within the state for reciprocal aid
90+and assistance to protect the public peace, health, and
91+safety, and to preserve the lives and property of the people
92+of the state. Such agreements shall be consistent with the
7193 state emergency management plan and program, and a copy of
94+each such agreement shall be filed with the State Director of
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72124 each such agreement shall be filed with the State Director of
73125 Emergency Management immediately after being entered into. In
74126 time of emergency it shall be the duty of each Each local
75127 organization for emergency management toshall render
76128 assistance in accordance with the provisions of suchthe mutual
77129 aid agreements.
78130 (b) The directorgoverning body of each local
79131 organization for emergency management may assist in
80132 negotiation of reciprocal mutual aid agreements between the
81133 Governor and adjoining states or political subdivisions
82134 thereof, and shall carry out any such agreement relating to
83135 the local and political subdivision.
84136 (c) The directorsgoverning body of each local
85137 organization for emergency management may develop or cause to
86138 be developed mutual aid agreements with federally recognized
87139 Indian tribes located within the state .
88140 (d) For purposes of this section, "governing body"
89141 means the political subdivision establishing the local
90142 organization for emergency management pursuant to Section
91143 31-9-10."
92144 "§31-9-11
93145 Whenever the employees of any political subdivision are
94146 rendering outside aid pursuant to a mutual aid agreement
95147 authorized by Section 31-9-9 or the authority contained in
96148 Section 31-9-10, suchthe employees shall have the same powers,
97149 duties, rights, privileges, and immunities as if they were
98150 performing their duties in the political subdivisions in which
99151 they are normally employed."
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129-they are normally employed."
130152 Section 2. This act shall become effective on October
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136-________________________________________________
137-Speaker of the House of Representatives
138-________________________________________________
139-President and Presiding Officer of the Senate
140-House of Representatives
141-I hereby certify that the within Act originated in and
142-was passed by the House 13-Feb-25.
143-John Treadwell
144-Clerk
145-Senate 08-Apr-25 Passed
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180+84 HB168 INTRODUCED
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182+Section 2. This act shall become effective on October
183+1, 2025.85