SB96

By Senator Chambliss

ENROLLED, An Act,

To amend Sections 11-1-10, 11-3-5, 11-30-1, 11-49-80, and 11-98-4, Code of Alabama 1975, relating to county government; to authorize counties to contract with municipalities; to clarify provisions related to contracts with related family and business interests; to authorize counties to self-fund property insurance; to further provide for maintenance of roads annexed by a municipality; and to provide for bonding of emergency communication district employees.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 11-1-10, 11-3-5, 11-30-1, 11-49-80, and 11-98-4, Code of Alabama 1975, are amended to read as follows:

§11-1-10.

"(a) The county commission in addition to all other powers and authority is hereby authorized and empowered to enter into contracts, leases, compacts, or any other form of agreement with the United States of America or any of its agencies, departments, bureaus, divisions, or institutions, with the State of Alabama or any of its agencies, departments, bureaus, divisions, or institutions and with any other county or municipality within or without the state for the purpose of receiving or acquiring funds, matching funds, services, materials, supplies, buildings, structures, waterways and docking facilities, and any and all other benefits deemed for the public interest in the promotion of industrial, agricultural, recreational, or any other beneficial development.

"(b) Such The contracts, leases, compacts, or other forms of agreement may contain such covenants and considerations as considered reasonable and necessary and for public use only, including, but not limited to, contributions by the county either in funds or materials, supplies, machinery, services, labor, rights-of-way, easements, buildings, terminals, and related facilities for waterway improvements and expansion and may contain such other provisions of maintenance, indemnification, and utility facilities as may be required by the contracting agencies to provide a useful and feasible development for use by the public.

§11-3-5.

"Any (a) Except where a contract for goods or services is competitively bid regardless of whether bidding is required under Alabama's competitive bid law, no member of any county commission who and no business with which any county commissioner is associated shall award be a party to any contract in which with the county of such commissioner is interested commission on which he or she serves. Except where a contract for goods or services is competitively bid regardless of whether bidding is required under Alabama's competitive bid law, no county commission shall award any contract to any person related either by blood or marriage within the fourth degree to such a family member of a county commissioner. Under no circumstances shall a county commissioner participate in the bid preparation or review of a bid received from the county commissioner, a business with which he or she is associated, or a family member of the county commissioner and a county commissioner shall not deliberate or vote on acceptance of a bid submitted by the county commissioner, a business with which he or she is associated, or a family member of the county commissioner. (b) No county commissioner or who shall employ any such relative a family member to do any work for said the county or to act as agent for any such member in any work in which such county is interested; provided, however, the family member of a county commissioner may be employed by the county if the family member is hired pursuant to a county personnel policy that does not require a vote of the county commission or if the county commissioner does not participate in the hiring process through recommendation, deliberation, vote, or otherwise. (c) Any county commissioner in violation of this section shall be guilty of a Class A misdemeanor and, on conviction, shall be fined not less than $10.00 nor more than $100.00. In compliance with Section 36-25-11, any contract executed with a member of the county commission or with a business with which a county commissioner is associated shall be filed with the Ethics Commission within 10 days after the contract has been executed. Any contract executed in violation of this section shall be void by operation of law and any person employed by the county in violation of this section shall forfeit his or her employment by operation of law. For the purposes of this section, the definition of "family member" shall be the same as the definition in subdivision (15) of Section 36-25-1 for the family member of a public official.

§11-30-1.

"For the purpose of this chapter the following terms shall have the meanings subscribed to them by this section:

"(1) LIABILITY SELF-INSURANCE FUND. An entity or entities, to be formed by two or more counties of Alabama for the purpose of pooling resources and funds to self-insure such counties and/or their officers and employees acting in the line and scope of their employment against:

"a. loss Loss for money damages which any person or other entity is legally entitled to recover from a member county or its officers and employees for damages suffered as a result of a claim as defined under this chapter.

"b. Damage to or loss of property owned or leased by a member county.

"(2) MEMBER COUNTY. A county which elects to pool its resources and funds with one or more other counties for the purpose of forming a liability self-insurance fund.

"(3) CLAIM. Any claim or suit filed against a member county or suit against a member county for money damages which any person or other entity is legally entitled to recover for damages suffered as a result of bodily injury, death or property damage caused by a negligent or wrongful act or omission committed by any employee, officer, or servant of the member county while acting within the line and scope of his employment under circumstances where the member county would be liable to the claimant for such damages under the laws of the State of Alabama or any claim filed by a member county for damage to or loss of county property covered by the liability self-insurance fund.

§11-49-80.

"(a) For the purposes of this article, the following terms shall have the following meanings:

"(1) COUNTY-MAINTAINED STREET. A public street, road, or bridge that the county commission has the authority or responsibility to control, manage, supervise, regulate, repair, maintain, or improve.

"(2) MUNICIPAL STREET. A public street, road, or bridge that the municipality has the authority or responsibility to control, manage, supervise, regulate, repair, maintain, or improve.

"(3) RESPONSIBILITY FOR A STREET. The authority or responsibility to control, manage, supervise, regulate, repair, maintain, or improve a public street, road, or bridge.

"(4) STREET. A public street, road, bridge, or portion thereof.

"(a)(b) Where the authority to control, manage, supervise, regulate, repair, maintain, and improve responsibility for a public street or streets or part thereof lying within a municipal corporation municipality is vested in the county commission of the county within which a municipal corporation the municipality is located, a municipal corporation the municipality may resume or take over the authority to control, manage, supervise, repair, maintain, and improve such assume responsibility for the public street or streets or part thereof designated in the resolution adopted by the governing body of a municipal corporation to resume or take over such authority the municipality.

"(b)(c) Notwithstanding the adoption of a resolution as required in Sections 11-49-80 and 11-49-81, the annexation of unincorporated territory into a municipality, after July 7, 1995, shall result in the municipality assuming responsibility to control, manage, supervise, regulate, repair, maintain, and improve for all public streets or parts thereof lying within the territory annexed, provided such the public streets or parts thereof were controlled, managed, supervised, regulated, repaired, maintained, and improved by the county county-maintained streets for a period of one year prior to the effective date of the annexation. The annexation of unincorporated territory into a municipality shall also result in the municipality assuming responsibility to control, manage, supervise, regulate, repair, maintain, and improve for all public streets or parts thereof lying within the territory annexed, provided such the public streets or parts thereof were dedicated to, accepted by, and were controlled, managed, supervised, regulated, repaired, maintained, and improved by the county county-maintained roads for a period of less than one year prior to the effective date of the annexation when such if the construction of the public streets or parts thereof were also approved upon construction by the municipal planning commission of the annexing municipality. Except as herein provided, this section shall not require a municipality to assume responsibility to control, manage, supervise, regulate, repair, maintain, or improve for any public street or part thereof located within the territory annexed which was not being controlled, managed, supervised, regulated, repaired, maintained, and improved by the county a county-maintained street prior to the effective date of the annexation. Further, nothing in this section shall require a county to assume responsibility to control, manage, supervise, regulate, repair, maintain, or improve for any public street or part thereof located within the territory annexed which was not being controlled, managed, supervised, regulated, repaired, maintained, and improved by the county a county-maintained street prior to the effective date of the annexation.

"(c)(d) After July 7, 1995, when the annexation of unincorporated territory by a municipality results in a public street or part thereof which was dedicated to, accepted by, and was controlled, managed, supervised, regulated, repaired, maintained, and improved by the county for a period of one year prior to the effective date of the annexation, or for a period of less than one year prior to the effective date of the annexation when such public street or part thereof was approved upon construction by the municipal planning commission, being located outside the corporate limits of the annexing municipality while at the same time bounded on both sides by the corporate limits of the annexing municipality, the county governing body shall consent to the annexation of such the public street or part thereof by the municipality if the street was a county-maintained street for a period of one year prior to the effective date of the annexation or was approved upon construction by the municipal planning commission. Once consent to annexation is given by the owners of such the public street or part thereof to annexation by the municipality, the municipality shall annex that portion of the public street or part thereof which is bounded on both sides by the municipal corporate limits. Once such the annexation becomes effective, the municipality shall assume responsibility for the public street or part thereof as provided in subsection (b), above (c).

"(d)(e) The responsibility for the control, management, supervision, regulation, repair, maintenance, or improvement of public streets or parts thereof lying within the corporate limits of an incorporated municipality on July 7, 1995, shall remain the responsibility of the entity responsible for such the public streets or parts thereof on July 7, 1995.

"(e)(f) Nothing contained in Sections 11-49-80 and 11-49-81 shall prohibit a county and municipality from entering into a mutual agreement providing for an alternative arrangement for the control, management, supervision, regulation, repair, maintenance, or improvement responsibility of public streets or parts thereof lying within the corporate limits of an incorporated municipality.

"(g) A county-maintained divided four-lane public street that has been designed or designated by the county or Governor as an evacuation route to be utilized under emergency conditions found in Chapter 9, Title 31, may not be annexed by a municipality, regulated by a municipal planning commission, nor considered a part of the police jurisdiction of any municipality except where there is a mutual agreement between a county and municipality providing otherwise.

Nothing in this subsection shall prevent a municipality from annexing territory on either side of the evacuation route that would otherwise be considered contiguous for the purpose of annexation under any provision of Alabama law.

§11-98-4.

"(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.

"(b) The board of commissioners shall have complete and sole authority to appoint a chairman 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 the following authority:

"(1) To sue and be sued, to prosecute, and defend civil actions in any court having jurisdiction of the subject matter and of the parties.

"(2) To acquire 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 construct, enlarge, equip, improve, maintain, and operate all aspects of an emergency communication system consistent with subsection (a) of Section 11-98-6.

"(4) To borrow money for any of its purposes.

"(5) To provide for such 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 enter into contracts or agreements with public or private safety agencies for dispatch services when such terms, conditions, and charges are mutually agreed upon, unless otherwise provided by local law.

"(7) To make 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 such political and legal entities. The certificate of incorporation shall recite, in part:

"(1) That this is a 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 the creating authority for approval the acquisition, disposition, or improvements to real property.

"(i) In addition to the provisions of subdivision (5) of subsection (f), each employee or official of the district who receives funds or is involved in the disbursement of funds in any manner member of the board of commissioners and each director of an emergency communication district shall be bonded in an amount not less than the 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, the bond 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 herein 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."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

County Commissions

Counties

Municipalities

Emergency Communication Districts

Highways, Roads, and Bridges

Code Amended