HB228 Alabama 2020 Session

This bill would propose a local amendment to the Constitution of Alabama of 1901, relating to Shelby County, to authorize Shelby County and any cities and utilities in the county to enter into contracts to provide mutual aid to each other to restore utility service in the event of natural disasters or other emergencies

To propose a local amendment to the Constitution of Alabama of 1901, relating to Shelby County, to authorize Shelby County and any cities and utilities in the county to enter into contracts to provide mutual aid to each other to restore utility service in the event of natural disasters or other emergencies.

Section 1

The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT (a) This amendment shall apply only in Shelby County. (b) Shelby County and any city, water and sewer authority or board, sewage district, sewer authority, governmental utility service corporation, or private utility company in the county, or any two or more of any of the foregoing, may enter into contracts with each other to provide mutual aid and assistance in restoring electric, water, sewer, or gas services in the event of natural disasters or other emergencies under such terms and conditions as may be agreed upon. Mutual aid contracts may include provisions for furnishing personnel, equipment, apparatus, supplies, and materials; for reimbursement or indemnification of the aiding party for loss or damage incurred by giving aid; for delegating authority to a designated official or employee to send aid upon request; and for any other purposes consistent with this amendment. (c) Officials and employees furnished by one party in aid of another party pursuant to a mutual aid contract entered into under authority of this amendment shall be conclusively deemed for all purposes to remain officials and employees of the aiding party. While providing aid to another and while traveling to and from another city or county pursuant to giving aid, they shall retain all rights, privileges, and immunities, including coverage under the Alabama Workers’ Compensation Act, as they enjoy while performing their normal duties. (d) Notwithstanding any other provisions of law to the contrary, any party to a mutual aid contract entered into under authority of this section, may sell or otherwise convey or deliver to another party to the contract personal property to be used in restoring utility services pursuant to the contract without following procedures for the sale or disposition of property prescribed by any general law or local act. (e) Nothing in this amendment shall be construed to deprive any party to a mutual aid contract of its discretion to send or decline to send its personnel, equipment, and apparatus in aid of another party to the contract under any circumstances, whether or not obligated by the contract to do so. In no case shall a party to a mutual aid contract or any of its officials or employees be held to answer in any civil or criminal action for declining to send personnel, equipment, or apparatus to another party to the contract, whether or not obligated by contract to do so.

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284.01 of the Constitution of Alabama of 1901, now appearing as Sections 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Proposing an amendment to the Constitution of Alabama of 1901, relating to Shelby County, to authorize Shelby County and cities and utilities in the county to enter into contracts to provide mutual aid to each other to restore utility service in the event of natural disasters or other emergencies.

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."