HB25INTRODUCED
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HB25
VHCEVPL-1
By Representative Oliver
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
PFD: 19-Aug-24
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6 VHCEVPL-1 07/09/2024 JC (L)JC 2024-2093
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PFD: 19-Aug-24
SYNOPSIS:
Existing law does not explicitly authorize local
911 districts to pool their resources with one another
by jointly exercising powers or providing services.
This bill would recognize the authority of local
911 districts to contract with one another to jointly
exercise powers and services that each district may
lawfully exercise on an individual basis.
This bill would further provide minimum
requirements to be followed by district boards when
entering into a contract with another district and
would also provide minimum requirements for the joint
exercise contracts.
This bill would delete duplicative language and
would also make nonsubstantive, technical revisions to
update the existing code language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to emergency telephone services; to amend
Section 11-98-4, Code of Alabama 1975, to further provide for
local 911 districts by permitting two or more districts to
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local 911 districts by permitting two or more districts to
enter contracts to jointly provide services; and to delete
duplicative language and make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-98-4, Code of Alabama 1975, is
amended to read as follows:
"ยง11-98-4
(a) When any district is created, the creating
authority may appoint a board of commissioners composed of
seven members to govern its affairs, and shall fix the
domicile of the board of commissioners at any point within the
district. In the case of county districts, after the
expiration of the terms of the members of the board of
commissioners holding office on May 23, 2000, there may be at
least one member of the board of commissioners from each
county commission district if the number of the county
commission does not exceed seven, unless a resolution dated
before January 1, 2000, was passed by a county commission
establishing an appointment process different from this
section or as otherwise provided by the enactment of a local
act after May 23, 2000. The members of the board of
commissioners shall be qualified electors of the district, two
of whom shall be appointed for terms of two years, three for
terms of three years, and two for terms of four years, dating
from the date of the adoption of the resolution or ordinance
creating the district. Thereafter, all appointments of the
members shall be for terms of four years.
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members shall be for terms of four years.
(b) The board of commissioners shall have complete and
sole authority to appoint a chairmanchair and any other
officers it may deem necessary from among the membership of
the board of commissioners.
(c) A majority of the board of commissioners membership
shall constitute a quorum and all official action of the board
of commissioners shall require a quorum.
(d) The board of commissioners may employ such
employees, experts, and consultants as it deems necessary to
assist the board of commissioners in the discharge of its
responsibilities to the extent that funds are made available.
(e) In lieu of appointing a board of commissioners, the
governing body of the creating authority may serve as the
board of commissioners of the district, in which case it shall
assume all the powers and duties of the board of commissioners
as provided in this chapter.
(f) In addition to other authority and powers necessary
to establish, operate, maintain, and replace an emergency
communication system, the board of commissioners shall have
themay do any of the following authority:
(1) To sueSue and be sued, to prosecute, and defend
civil actions in any court having jurisdiction of the subject
matter and of the parties.
(2) To acquireAcquire or dispose of, whether by
purchase, sale, gift, lease, devise, or otherwise, property of
every description that the board may deem necessary,
consistent with this section, and to hold title thereto.
(3) To constructConstruct, enlarge, equip, improve,
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(3) To constructConstruct, enlarge, equip, improve,
maintain, and operate all aspects of an emergency
communication system consistent with subsection (a) of Section
11-98-6(a).
(4) To borrowBorrow money for any of its purposes.
(5) To provide for such Provide liability and hazard
insurance as the board of commissioners may deem advisable to
include inclusion and continuation, or both, of district
employees in state, county, municipal, or self-funded
liability insurance programs.
(6) To enterEnter into contracts or agreements with
public or private safety agencies for dispatch services when
suchthe terms, conditions, and charges are mutually agreed
upon, unless otherwise provided by local law.
(7) To makeMake grants to municipalities for
dispatching equipment and services.
(g) The board of commissioners may elect to form a
nonprofit, public corporation with all of the powers and
authority vested in suchthe political and legal entities. The
certificate of incorporation shall recite, in part:
(1) That this is athe nonprofit, public corporation and
is a political and legal subdivision of the State of Alabama
as defined in this chapter.
(2) The location of its principal office.
(3) The name of the corporation.
(4) That the governing body is the board of
commissioners.
(h) Any other provisions of this chapter
notwithstanding, the board of commissioners shall present to
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notwithstanding, the board of commissioners shall present to
the creating authority for approval the acquisition,
disposition, or improvements to real property.
(i) In addition to the provisionsrequirement of
subdivision (5) of subsection (f)(5), each member of the board
of commissioners and each director of an emergency
communication district shall be bonded in an amount equal to
one-half of one percent of the total funds received by the
district in the prior fiscal year except the amount of the
bond for any persons required to be bonded, shall not be less
than ten thousand dollars ($10,000) nor exceed fifty thousand
dollars ($50,000). The board of commissioners may require
other employees to be bonded in an amount set by the board and
made payable to the district. The bonds shall be paid for by
the district, and a copy shall be on file at the offices of
the district and at the office of the judge of probate of the
county in which the district is incorporated. In the event the
governing body of the creating authority serves as the board
of commissioners of the district, each member of the board may
combine the bond required hereinby this section with the bond
required for service on the creating authority provided both
the creating authority and the emergency communication
district are adequately protected in the event of forfeiture
and the portion of the bond payment required pursuant to this
section is paid by the district .
(j) Two or more boards of commissioners of districts
that exist on October 1, 2025, by adopting identical
resolutions, may contract for the districts they govern to
jointly exercise any power or service that each of the
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jointly exercise any power or service that each of the
districts is authorized to exercise individually.
(1)a. It is sufficient that each of the contracting
districts is lawfully authorized to exercise the power or
service that is the subject of the contract regardless of the
manner in which the power or service shall be exercised if at
least one of the districts is authorized to exercise the power
or service in the agreed upon manner.
b. The power or service that is the subject of the
contract may be exercised by each contracting district or may
be exercised by one or more districts on behalf of all of the
contracting districts.
(2) Before adopting the resolution under this
subsection, each district board of commissioners must give
notice pursuant to Section 36-25A-3 of a hearing on the
proposed contract at which the public may request information
concerning, or present arguments for or against, the same.
(3)a. The contract must: (i) state the intent of each
district to cooperate with the joint exercise of the power or
service; (ii) describe the power or service that the districts
will jointly exercise; and (iii) provide a termination date
for the contract no later than three years from the date of
the contract.
b. Notwithstanding a termination date for the contract,
any district may terminate the contract by giving at least 180
days' notice to the other district or districts.
(4)a. The existence of a district as an individual
political and legal subdivision of the state under this
chapter is not modified or impaired when the district enters a
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chapter is not modified or impaired when the district enters a
contract provided under this subsection, neither are the
lawful powers of the district in any way modified or impaired
except to the extent necessary for the district to jointly
exercise the power or service that is the subject of the
contract.
b. Nothing in this subsection shall restrict the powers
of a district nor modify or impair the legal rights and duties
under a contract that is in existence on October 1, 2025
between or among districts.
(5) 911 services may not be jointly provided pursuant
to this subsection until the Statewide 911 Board certifies to
the contracting districts that, pursuant to Section
11-98-4.1(e)(8), joint operations are ready to occur without
service interruption ."
Section 2. This act shall become effective on October
1, 2025.
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