SB68INTRODUCED
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SB68
G19BC2C-1
By Senators Jones, Allen, Givhan, Bell, Kitchens, Elliott,
Butler, Stewart, Hatcher, Kelley, Stutts
RFD: Veterans and Military Affairs
First Read: 04-Feb-25
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6 G19BC2C-1 02/03/2025 JC (L)lg 2025-455
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First Read: 04-Feb-25
SYNOPSIS:
Existing law provides that local emergency
management organizations, through the director, may
enter into mutual aid agreements with other public and
private agencies for reciprocal emergency aid when the
size of a disaster requires such aid.
This bill would transfer the authority to enter
into mutual aid agreements to the governing body of the
local emergency management organization; and would also
provide that mutual aid agreements can be developed
with other agencies for reciprocal aid to protect
public peace and safety.
This bill would also provide that employees of
other political subdivisions have the same power and
immunity when they render assistance under such a
mutual aid agreement outside their political
subdivision.
This bill would further make nonsubstantive
changes to update the existing code language to current
style.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to local emergency management organizations;
to amend Section 31-9-9, Code of Alabama 1975, to further
provide for mutual aid agreements with other public or private
agencies for reciprocal aid to protect public health and
safety; to vest the authority in the governing body; to amend
Section 31-9-11, Code of Alabama 1975, to further provide that
employees of political subdivisions have the same powers and
immunities when they act outside of the political subdivision
pursuant to a mutual aid agreement; and to make nonsubstantive
changes to update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-9-9 and 31-9-11, Code of Alabama
1975, are amended to read as follows:
"§31-9-9
(a) The directorgoverning body of each local
organization for emergency management may develop or cause to
be developed mutual aid agreements with other public and
private agencies within this state for reciprocal emergency
management aid and assistance in case of disaster too great to
be dealt with unassisted. The governing body may also develop
or cause to be developed mutual aid agreements with other
public or private agencies within the state for reciprocal aid
and assistance to protect the public peace, health, and
safety, and to preserve the lives and property of the people
of the state. Such agreements shall be consistent with the
state emergency management plan and program, and a copy of
each such agreement shall be filed with the State Director of
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each such agreement shall be filed with the State Director of
Emergency Management immediately after being entered into. In
time of emergency it shall be the duty of each Each local
organization for emergency management toshall render
assistance in accordance with the provisions of suchthe mutual
aid agreements.
(b) The directorgoverning body of each local
organization for emergency management may assist in
negotiation of reciprocal mutual aid agreements between the
Governor and adjoining states or political subdivisions
thereof, and shall carry out any such agreement relating to
the local and political subdivision.
(c) The directorsgoverning body of each local
organization for emergency management may develop or cause to
be developed mutual aid agreements with federally recognized
Indian tribes located within the state .
(d) For purposes of this section, "governing body"
means the political subdivision establishing the local
organization for emergency management pursuant to Section
31-9-10."
"§31-9-11
Whenever the employees of any political subdivision are
rendering outside aid pursuant to a mutual aid agreement
authorized by Section 31-9-9 or the authority contained in
Section 31-9-10, suchthe employees shall have the same powers,
duties, rights, privileges, and immunities as if they were
performing their duties in the political subdivisions in which
they are normally employed."
Section 2. This act shall become effective on October
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Section 2. This act shall become effective on October
1, 2025.85