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 |
---|
| 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 |
---|
72 | 124 | | each such agreement shall be filed with the State Director of |
---|
73 | 125 | | Emergency Management immediately after being entered into. In |
---|
74 | 126 | | time of emergency it shall be the duty of each Each local |
---|
75 | 127 | | organization for emergency management toshall render |
---|
76 | 128 | | assistance in accordance with the provisions of suchthe mutual |
---|
77 | 129 | | aid agreements. |
---|
78 | 130 | | (b) The directorgoverning body of each local |
---|
79 | 131 | | organization for emergency management may assist in |
---|
80 | 132 | | negotiation of reciprocal mutual aid agreements between the |
---|
81 | 133 | | Governor and adjoining states or political subdivisions |
---|
82 | 134 | | thereof, and shall carry out any such agreement relating to |
---|
83 | 135 | | the local and political subdivision. |
---|
84 | 136 | | (c) The directorsgoverning body of each local |
---|
85 | 137 | | organization for emergency management may develop or cause to |
---|
86 | 138 | | be developed mutual aid agreements with federally recognized |
---|
87 | 139 | | Indian tribes located within the state . |
---|
88 | 140 | | (d) For purposes of this section, "governing body" |
---|
89 | 141 | | means the political subdivision establishing the local |
---|
90 | 142 | | organization for emergency management pursuant to Section |
---|
91 | 143 | | 31-9-10." |
---|
92 | 144 | | "§31-9-11 |
---|
93 | 145 | | Whenever the employees of any political subdivision are |
---|
94 | 146 | | rendering outside aid pursuant to a mutual aid agreement |
---|
95 | 147 | | authorized by Section 31-9-9 or the authority contained in |
---|
96 | 148 | | Section 31-9-10, suchthe employees shall have the same powers, |
---|
97 | 149 | | duties, rights, privileges, and immunities as if they were |
---|
98 | 150 | | performing their duties in the political subdivisions in which |
---|
99 | 151 | | they are normally employed." |
---|