AL
Alabama House Bill HB25

Alabama 2025 Regular Session

Alabama House Bill HB25 Compare Versions

Only one version of the bill is available at this time.
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33 HB25
44 VHCEVPL-1
55 By Representative Oliver
66 RFD: Boards, Agencies and Commissions
77 First Read: 04-Feb-25
88 PFD: 19-Aug-24
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1414 6 VHCEVPL-1 07/09/2024 JC (L)JC 2024-2093
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1616 PFD: 19-Aug-24
1717 SYNOPSIS:
1818 Existing law does not explicitly authorize local
1919 911 districts to pool their resources with one another
2020 by jointly exercising powers or providing services.
2121 This bill would recognize the authority of local
2222 911 districts to contract with one another to jointly
2323 exercise powers and services that each district may
2424 lawfully exercise on an individual basis.
2525 This bill would further provide minimum
2626 requirements to be followed by district boards when
2727 entering into a contract with another district and
2828 would also provide minimum requirements for the joint
2929 exercise contracts.
3030 This bill would delete duplicative language and
3131 would also make nonsubstantive, technical revisions to
3232 update the existing code language to current style.
3333 A BILL
3434 TO BE ENTITLED
3535 AN ACT
3636 Relating to emergency telephone services; to amend
3737 Section 11-98-4, Code of Alabama 1975, to further provide for
3838 local 911 districts by permitting two or more districts to
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6868 local 911 districts by permitting two or more districts to
6969 enter contracts to jointly provide services; and to delete
7070 duplicative language and make nonsubstantive, technical
7171 revisions to update the existing code language to current
7272 style.
7373 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7474 Section 1. Section 11-98-4, Code of Alabama 1975, is
7575 amended to read as follows:
7676 "ยง11-98-4
7777 (a) When any district is created, the creating
7878 authority may appoint a board of commissioners composed of
7979 seven members to govern its affairs, and shall fix the
8080 domicile of the board of commissioners at any point within the
8181 district. In the case of county districts, after the
8282 expiration of the terms of the members of the board of
8383 commissioners holding office on May 23, 2000, there may be at
8484 least one member of the board of commissioners from each
8585 county commission district if the number of the county
8686 commission does not exceed seven, unless a resolution dated
8787 before January 1, 2000, was passed by a county commission
8888 establishing an appointment process different from this
8989 section or as otherwise provided by the enactment of a local
9090 act after May 23, 2000. The members of the board of
9191 commissioners shall be qualified electors of the district, two
9292 of whom shall be appointed for terms of two years, three for
9393 terms of three years, and two for terms of four years, dating
9494 from the date of the adoption of the resolution or ordinance
9595 creating the district. Thereafter, all appointments of the
9696 members shall be for terms of four years.
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126126 members shall be for terms of four years.
127127 (b) The board of commissioners shall have complete and
128128 sole authority to appoint a chairmanchair and any other
129129 officers it may deem necessary from among the membership of
130130 the board of commissioners.
131131 (c) A majority of the board of commissioners membership
132132 shall constitute a quorum and all official action of the board
133133 of commissioners shall require a quorum.
134134 (d) The board of commissioners may employ such
135135 employees, experts, and consultants as it deems necessary to
136136 assist the board of commissioners in the discharge of its
137137 responsibilities to the extent that funds are made available.
138138 (e) In lieu of appointing a board of commissioners, the
139139 governing body of the creating authority may serve as the
140140 board of commissioners of the district, in which case it shall
141141 assume all the powers and duties of the board of commissioners
142142 as provided in this chapter.
143143 (f) In addition to other authority and powers necessary
144144 to establish, operate, maintain, and replace an emergency
145145 communication system, the board of commissioners shall have
146146 themay do any of the following authority:
147147 (1) To sueSue and be sued, to prosecute, and defend
148148 civil actions in any court having jurisdiction of the subject
149149 matter and of the parties.
150150 (2) To acquireAcquire or dispose of, whether by
151151 purchase, sale, gift, lease, devise, or otherwise, property of
152152 every description that the board may deem necessary,
153153 consistent with this section, and to hold title thereto.
154154 (3) To constructConstruct, enlarge, equip, improve,
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184184 (3) To constructConstruct, enlarge, equip, improve,
185185 maintain, and operate all aspects of an emergency
186186 communication system consistent with subsection (a) of Section
187187 11-98-6(a).
188188 (4) To borrowBorrow money for any of its purposes.
189189 (5) To provide for such Provide liability and hazard
190190 insurance as the board of commissioners may deem advisable to
191191 include inclusion and continuation, or both, of district
192192 employees in state, county, municipal, or self-funded
193193 liability insurance programs.
194194 (6) To enterEnter into contracts or agreements with
195195 public or private safety agencies for dispatch services when
196196 suchthe terms, conditions, and charges are mutually agreed
197197 upon, unless otherwise provided by local law.
198198 (7) To makeMake grants to municipalities for
199199 dispatching equipment and services.
200200 (g) The board of commissioners may elect to form a
201201 nonprofit, public corporation with all of the powers and
202202 authority vested in suchthe political and legal entities. The
203203 certificate of incorporation shall recite, in part:
204204 (1) That this is athe nonprofit, public corporation and
205205 is a political and legal subdivision of the State of Alabama
206206 as defined in this chapter.
207207 (2) The location of its principal office.
208208 (3) The name of the corporation.
209209 (4) That the governing body is the board of
210210 commissioners.
211211 (h) Any other provisions of this chapter
212212 notwithstanding, the board of commissioners shall present to
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242242 notwithstanding, the board of commissioners shall present to
243243 the creating authority for approval the acquisition,
244244 disposition, or improvements to real property.
245245 (i) In addition to the provisionsrequirement of
246246 subdivision (5) of subsection (f)(5), each member of the board
247247 of commissioners and each director of an emergency
248248 communication district shall be bonded in an amount equal to
249249 one-half of one percent of the total funds received by the
250250 district in the prior fiscal year except the amount of the
251251 bond for any persons required to be bonded, shall not be less
252252 than ten thousand dollars ($10,000) nor exceed fifty thousand
253253 dollars ($50,000). The board of commissioners may require
254254 other employees to be bonded in an amount set by the board and
255255 made payable to the district. The bonds shall be paid for by
256256 the district, and a copy shall be on file at the offices of
257257 the district and at the office of the judge of probate of the
258258 county in which the district is incorporated. In the event the
259259 governing body of the creating authority serves as the board
260260 of commissioners of the district, each member of the board may
261261 combine the bond required hereinby this section with the bond
262262 required for service on the creating authority provided both
263263 the creating authority and the emergency communication
264264 district are adequately protected in the event of forfeiture
265265 and the portion of the bond payment required pursuant to this
266266 section is paid by the district .
267267 (j) Two or more boards of commissioners of districts
268268 that exist on October 1, 2025, by adopting identical
269269 resolutions, may contract for the districts they govern to
270270 jointly exercise any power or service that each of the
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300300 jointly exercise any power or service that each of the
301301 districts is authorized to exercise individually.
302302 (1)a. It is sufficient that each of the contracting
303303 districts is lawfully authorized to exercise the power or
304304 service that is the subject of the contract regardless of the
305305 manner in which the power or service shall be exercised if at
306306 least one of the districts is authorized to exercise the power
307307 or service in the agreed upon manner.
308308 b. The power or service that is the subject of the
309309 contract may be exercised by each contracting district or may
310310 be exercised by one or more districts on behalf of all of the
311311 contracting districts.
312312 (2) Before adopting the resolution under this
313313 subsection, each district board of commissioners must give
314314 notice pursuant to Section 36-25A-3 of a hearing on the
315315 proposed contract at which the public may request information
316316 concerning, or present arguments for or against, the same.
317317 (3)a. The contract must: (i) state the intent of each
318318 district to cooperate with the joint exercise of the power or
319319 service; (ii) describe the power or service that the districts
320320 will jointly exercise; and (iii) provide a termination date
321321 for the contract no later than three years from the date of
322322 the contract.
323323 b. Notwithstanding a termination date for the contract,
324324 any district may terminate the contract by giving at least 180
325325 days' notice to the other district or districts.
326326 (4)a. The existence of a district as an individual
327327 political and legal subdivision of the state under this
328328 chapter is not modified or impaired when the district enters a
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358358 chapter is not modified or impaired when the district enters a
359359 contract provided under this subsection, neither are the
360360 lawful powers of the district in any way modified or impaired
361361 except to the extent necessary for the district to jointly
362362 exercise the power or service that is the subject of the
363363 contract.
364364 b. Nothing in this subsection shall restrict the powers
365365 of a district nor modify or impair the legal rights and duties
366366 under a contract that is in existence on October 1, 2025
367367 between or among districts.
368368 (5) 911 services may not be jointly provided pursuant
369369 to this subsection until the Statewide 911 Board certifies to
370370 the contracting districts that, pursuant to Section
371371 11-98-4.1(e)(8), joint operations are ready to occur without
372372 service interruption ."
373373 Section 2. This act shall become effective on October
374374 1, 2025.
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