SB 43

Session
Regular Session 2018
Title
Alabama Disaster Recovery Program, established to assist counties and municipalities with disaster recovery, committee to administer, Sec. 31-9-86 added; Secs. 31-9-10, 31-9-83 am'd.
Description

Under existing law, emergency powers are granted to the political subdivisions of this state during a state of emergency, and political subdivisions are authorized to establish local emergency management organizations to assist in disaster preparedness and recovery

This bill would grant the chair or president of a political subdivision the authority to execute a resolution on behalf of the governing body declaring emergency conditions if the Governor or the Legislature has declared a state of emergency

Also under existing law, the Alabama Disaster Recovery Program, through the Alabama Disaster Recovery Fund, provides financial assistance to counties and municipalities following certain disasters

This bill would revise some of the procedures related to providing assistance under the program and would authorize the Alabama Disaster Recovery Program Committee to establish a program to provide financial assistance from the Alabama Disaster Recovery Fund to individuals and certain private nonprofit facilities following certain disasters to cover the costs of certain emergency protective measures

To amend Sections 31-9-10 and 31-9-83, Code of Alabama 1975, relating to the emergency powers of political subdivisions and the Alabama Disaster Recovery Program; to grant the chair or president of a political subdivision the authority to execute a resolution on behalf of the governing body declaring emergency conditions if the Governor or the Legislature has declared a state of emergency; to expand and clarify some of the proper uses for funds of the Alabama Disaster Recovery Program; to add Section 31-9-86, Code of Alabama 1975, to authorize the Alabama Disaster Recovery Program Committee to establish a program to provide financial assistance from the Alabama Disaster Recovery Fund to individuals following certain disasters to cover the costs of certain emergency protective measures; and to require the committee to adopt rules.

Subjects
Counties
View Original PDF: SB 43 - Introduced - PDF

Under existing law, emergency powers are granted to the political subdivisions of this state during a state of emergency, and political subdivisions are authorized to establish local emergency management organizations to assist in disaster preparedness and recovery

This bill would grant the chair or president of a political subdivision the authority to execute a resolution on behalf of the governing body declaring emergency conditions if the Governor or the Legislature has declared a state of emergency

Also under existing law, the Alabama Disaster Recovery Program, through the Alabama Disaster Recovery Fund, provides financial assistance to counties and municipalities following certain disasters

This bill would revise some of the procedures related to providing assistance under the program and would authorize the Alabama Disaster Recovery Program Committee to establish a program to provide financial assistance from the Alabama Disaster Recovery Fund to individuals and certain private nonprofit facilities following certain disasters to cover the costs of certain emergency protective measures

To amend Sections 31-9-10 and 31-9-83, Code of Alabama 1975, relating to the emergency powers of political subdivisions and the Alabama Disaster Recovery Program; to grant the chair or president of a political subdivision the authority to execute a resolution on behalf of the governing body declaring emergency conditions if the Governor or the Legislature has declared a state of emergency; to expand and clarify some of the proper uses for funds of the Alabama Disaster Recovery Program; to add Section 31-9-86, Code of Alabama 1975, to authorize the Alabama Disaster Recovery Program Committee to establish a program to provide financial assistance from the Alabama Disaster Recovery Fund to individuals following certain disasters to cover the costs of certain emergency protective measures; and to require the committee to adopt rules.

Section 1

Sections 31-9-10 and 31-9-83, Code of Alabama 1975, are amended to read as follows:

§31-9-10.

(a) Each political subdivision of this state is hereby authorized and directed to establish a local organization for emergency management in accordance with the state emergency management plan and program and may confer or authorize the conferring, upon members of the auxiliary police, the powers of peace officers, subject to such restrictions as shall be imposed. The governing body of the political subdivision is authorized to appoint a director, who shall have direct responsibility for the organization, administration, and operation of such local organization for emergency management, subject to the direction and control of such governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this article.

(b) The governing body of each political subdivision shall have the power and authority:

(1) To appropriate and expend funds, make contracts, obtain, and distribute equipment, materials, and supplies for emergency management purposes; to provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster; and to direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies.

(2) To appoint, employ, remove, or provide, with or without compensation, air raid wardens, rescue teams, auxiliary fire and police personnel, and other emergency management workers; provided, that compensated employees shall be subject to any existing civil service or Merit System laws.

(3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency.

(4) To assign and make available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related service, police, transportation, construction, and similar items or services for emergency management purposes, within or outside of the physical limits of the subdivision.

(5) In the event that the governing body of the political subdivision determines that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur, the governing body shall have the power:

a. To waive procedure and formalities otherwise required by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the utilization of volunteer workers, the rental of equipment, the purchase and distribution with or without compensation of supplies, materials, and facilities, and the appropriation and expenditure of public funds.

b. To impose a public safety curfew for its inhabitants. If a public safety curfew is imposed as authorized herein, it shall be enforced by the appropriate law enforcement agency within the political subdivision. A public safety curfew imposed under this subsection shall not apply to employees of utilities, cable, and telecommunications companies and their contractors engaged in activities necessary to maintain or restore utility, cable, and telecommunications services or to official emergency management personnel engaged in emergency management activities.

(6) To close, notwithstanding Section 11-1-8, any and all public buildings owned or leased by and under the control of the political subdivision where emergency conditions warrant, whether or not a local state of emergency has been declared by the governing body of the political subdivision. In the event that any documents required to be filed by a time certain deadline cannot be filed in a timely manner due to the closing of an office under this subdivision, the deadline for filing shall be extended to the date that the office is reopened as provided in Section 1-1-4.

(c)(1) In the event that the Governor or the Legislature proclaims a state of emergency affecting a political subdivision as set forth in Section 31-9-8, the chair or president of the governing body for the political subdivision may execute a resolution on behalf of the governing body declaring that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur.

(2) Execution of the resolution by the chair or president of the governing body shall authorize the governing body to exercise the powers enumerated in subdivision (b)(5).

(c)(d) No local governing body of a political subdivision shall have the authority to provide for and compel evacuation of the area except by the direction and under the supervision of the Governor or the State Emergency Management Agency, or both. Any action taken by the governing body of the political subdivision shall remain in full force and effect unless revoked by proclamation of the Governor, issued as provided in Section 31-9-8.

(d)(e)(1) Nothing in this section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in subdivision (2).

(2) A law enforcement officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.

§31-9-83.

(a) Disbursements from the recovery fund for purposes set out in this section shall only be available as approved as provided herein upon a proclamation from the Governor or Legislature made pursuant to Section 31-9-8, and a proclamation made by the local governing body in the county or municipality affected by the disaster. The following rules shall apply for all distributions from the recovery fund for purposes set out in this section:

(1) No funds may be used to match federal funds.

(2)(1) Distributions may not be used for state emergency response and relief efforts, except as determined appropriate pursuant to rules adopted by the committee under Section 31-9-86.

(3)(2) Distributions under this section shall only be available to reimburse an eligible county or municipality for those expenses not covered by insurance or other similar programs.

(4)(3) Distributions under this section may only be made if an emergency or major disaster declaration for public assistance will not be requested by the Governor or has been denied by the President of the United States.

(5)(4) Distributions for each incident period under this section shall be limited for each incident period to 50 percent of the monies existing in the recovery fund at the time of the award or 75 percent of the expenses incurred by the eligible county or municipality, whichever is less.

(b) To be eligible for financial assistance from the recovery fund under this section, the county or municipality requesting assistance shall have complied with Article 3, commencing with Section 41-16-50 of Chapter 16, Title 41, and Title 39, unless the emergency provisions authorized in paragraph a. of subdivision (5) of subsection (b) of Section 31-9-10, apply. Additionally, the eligible county or municipality shall be a participant in or have in place on the date of the disaster proclamation each of the following:

(1) A current emergency operations plan which has been in effect for three years or less or has been amended or renewed during the previous three years.

(2) An adopted debris management plan.

(3) A hazard mitigation plan approved according to guidelines established by the Federal Emergency Management Agency.

(4) A local emergency management director, working directly with or employed by the applying local government, who meets or is working toward the certification requirements provided in Section 31-9-61.

(5) Active coverage from the National Flood Insurance Program, if such coverage is available, which applies to any publicly owned structure or property for which the applying local government seeks assistance from the state disaster recovery program established by this article.

(c) The recovery fund shall be available to eligible counties and municipalities for the following designated activities, which may include reimbursement of any overtime wages paid for disaster related activities, but shall not include reimbursement for any regular wages paid:

(1) Debris removal which is necessary to eliminate immediate threats to life, public health, and safety; to eliminate immediate threats of significant damage to public property; or to ensure economic recovery of the affected community to the benefit of the community-at-large. For the purposes of this article, debris removal shall include all of the following:

a. The clearance of trees and woody debris.

b. Removal of wrecked buildings.

c. Sand, mud, silt, and gravel removal.

d. Vehicle removal.

e. Removal of other disaster-related material.

(2) Emergency protective measures necessary to eliminate or reduce an immediate threat to life, public health, or safety or an immediate hazard that threatens significant damage to public property. Emergency protective measures shall include all of the following:

a. Search and rescue.

b. Emergency medical care.

c. Emergency mass care and shelter which cannot be provided by volunteer agencies.

d. Security in the disaster area.

e. Provision of food, water, ice, and other essential needs for use by local citizens.

f. Provision of temporary facilities for essential community services.

(3) Replacement or repair of infrastructure including roads and bridges, water control facilities, buildings, and equipment."

Section 2

Section 31-9-86 is added to the Code of Alabama 1975, to read as follows: §31-9-86. (a) In addition to the program purposes set out in Section 31-9-81, the Alabama Disaster Recovery Program shall also be available for the following purposes: (1) To provide assistance under circumstances determined appropriate by the Alabama Disaster Recovery Committee as set out in subsection (b) for individual Alabama residents who suffer loss as a result of an event that could enable a county or municipality to seek reimbursement from the Alabama Disaster Recovery Fund pursuant to Section 31-9-83 or for private nonprofit facilities otherwise eligible for assistance under the Stafford Act, 42 U.S.C.5121 et seq., as amended. (2) For mitigation projects or programs developed by the Alabama Emergency Management Agency or a local government according to rules and procedures allowing for such activities adopted pursuant to subsection (b). (3) For reimbursement of day-to-day administrative costs incurred by the Alabama Emergency Management Agency or a local emergency management program according to rules and procedures allowing for such reimbursement adopted pursuant to subsection (b). (b) In order to provide for the additional program purposes set out in subsection (a) and for authorizing distributions for state emergency response and relief efforts, the committee shall develop and implement rules and procedures for providing assistance to individual Alabama residents or to eligible private nonprofit facilities, for reimbursing costs associated with implementing mitigation projects or programs that meet the requirements established by the committee, and for reimbursing day-to-day administrative costs incurred by the Alabama Emergency Management Agency or a local emergency management program. The rules and procedures, which shall be adopted pursuant to the Administrative Procedure Act, shall include, at a minimum, circumstances under which individuals or private nonprofit facilities will be eligible for assistance and the application and approval process to be utilized, procedures for mitigation projects or programs authorized by the committee, and procedures for reimbursement of day-to-day administrative costs. The committee may also develop rules and procedures which allow for recovery funds to be made available as federal matching funds for any of the program purposes set out in Section 31-9-83 or subsection (a). Expenditures from the recovery fund made in accordance with the rules adopted under this section are hereby authorized, provided the expenditures are otherwise consistent with the provisions and intent of this article. (c) Notwithstanding the time frames for effective dates of rules in the Administrative Procedure Act, the rules adopted pursuant to this section shall become effective on January 1 following their final adoption and shall govern distributions and reimbursements for events occurring after the rules are effective. The committee shall meet to establish the rules required under this section no later than 90 days following the enactment of a funding source for the Alabama Disaster Recovery Fund by the Legislature. No reimbursement shall be made as provided in this section for events occurring before the effective date of the rules adopted pursuant to this section.

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
February 8, 2018SAssigned Act No. 2018-94.
February 8, 2018HSignature Requested
February 8, 2018SEnrolled
February 8, 2018SPassed Second House
February 6, 2018HMotion to Read a Third Time and Pass adopted Roll Call 222
February 6, 2018HThird Reading Passed
February 1, 2018HRead for the second time and placed on the calendar
January 25, 2018HRead for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
January 23, 2018SMotion to Read a Third Time and Pass adopted Roll Call 88
January 23, 2018SAlbritton motion to Adopt adopted Roll Call 87
January 23, 2018SGovernmental Affairs Amendment Offered
January 23, 2018SThird Reading Passed
January 25, 2018SEngrossed
January 16, 2018SRead for the second time and placed on the calendar 1 amendment
January 9, 2018SRead for the first time and referred to the Senate committee on Governmental Affairs
2018-02-06
Chamber: House
Result: Passed
2018-01-23
Chamber: Senate
Result: Passed
2018-01-23
Chamber: Senate
Result: Passed