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Law Enforcement Consolidation Legislation Passed By Alabama Senate Today

Rickey Stokes

Viewed: 3928

Posted by: RStokes
Date: Feb 12 2013 5:35 PM

MONTGOMERY:  Alabama Senator Del Marsh introduced legislation to combine law enforcement agencies in the State of Alabama. The Senate Bill is known as SB108. This legislation passed the Alabama Senate today.


The following is the legislation as taken from the web site of the Alabama Senate today:


SB108
By Senators Marsh, Brewbaker, Williams, Holtzclaw, Fielding, McGill, Scofield, Bussman, Taylor, Blackwell, Reed, Sanford, Holley, Whatley, Dial, Allen, Ward, Beason, Glover, Waggoner and Pittman
RFD Fiscal Responsibility and Accountability
Rd 1 05-FEB-13


























SYNOPSIS:Under existing law, various state agencies, including the Department of Public Safety, perform law enforcement and investigative services to enhance public safety.
This bill would create the Alabama State Law Enforcement Agency and the position of Secretary of the Alabama State Law Enforcement Agency, appointed by the Governor, to coordinate public safety in this state.
Effective October 1, 2014, this bill would consolidate certain investigative and law enforcement functions and reorganize the administration of public safety services in this state.
This bill would reorganize state public safety services within the Alabama State Law Enforcement Agency, which would be comprised of two units: the reorganized Department of Public Safety, which would consolidate uniformed state law enforcement services and a newly created State Bureau of Investigations, which would consolidate state investigative law enforcement services.
This bill also would transfer the functions of the Department of Homeland Security to the Secretary of the Alabama State Law Enforcement Agency.

A BILL
TO BE ENTITLED
AN ACT


Relating to public safety; to create the Alabama State Law Enforcement Agency; to create the Secretary of the Alabama State Law Enforcement Agency to coordinate various law enforcement and investigative services and serve as the Homeland Security Advisor for this state; to create the Public Safety Fund; to create the State Bureau of Investigations to assume the duties and functions of the Alabama Bureau of Investigation; to transfer certain enforcement and investigative functions of certain agencies to the State Bureau of Investigations; to transfer all functions of the Alabama Department of Homeland Security to the Secretary of the Alabama State Law Enforcement Agency; to transfer certain enforcement functions of certain agencies to the Department of Public Safety; to create new divisions within the Department of Public Safety; to require the Code Commissioner to make conforming changes in the code; and to amend Sections 41-9-592 and 41-9-593, Code of Alabama 1975, relating to the Criminal Justice Information Center Commission, to provide that the Secretary of the Alabama State Law Enforcement Agency would be the chairman of the commission.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:


Section 1. The Alabama State Law Enforcement Agency is hereby created within the Executive Branch of State Government to coordinate public safety in this state. The Alabama State Law Enforcement Agency shall be comprised of the following:


(1) The Department of Public Safety.


(2) The State Bureau of Investigations.



Section 2. (a) The position of Secretary of the Alabama State Law Enforcement Agency is created. The secretary shall serve as the appointing authority and executive head of the agency and the appointing authority and department head of the Department of Public Safety and State Bureau of Investigations. The secretary may delegate all or part of the functions of appointing authority and department head for the department and bureau to the Director of the Department of Public Safety and the Director of the State Bureau of Investigations, respectively.


(b)(1) The secretary shall be appointed by and hold office at the pleasure of the Governor, and shall serve until his or her successor is appointed. The salary of the secretary shall be set by the Governor, and shall not be subject to Section 36-6-6, Code of Alabama 1975.


(2) A person appointed secretary shall have an extensive law enforcement background and, by virtue of office, is a state law enforcement officer with the immunity set forth in Section 6-5-338, Code of Alabama 1975.


(c) The secretary is a member of the Governor's Cabinet who shall advise the Governor on matters of public safety.


(d) The secretary shall serve as the Homeland Security Advisor for this state, assume all duties of the Director of Homeland Security, including all functions of the Alabama Fusion Center, and shall be responsible for coordinating, designing, and implementing Alabama's program for homeland security, including immigration enforcement. The secretary shall be the principal point of contact between the State of Alabama and the federal government with respect to homeland security issues. Any reference in law to the authority of the Director of Homeland Security shall be deemed a reference to the Secretary of the Alabama State Law Enforcement Agency. The secretary may delegate all or a portion of the functions required by this section to the State Bureau of Investigations.


Section 3. (a) The Secretary of the Alabama State Law Enforcement Agency shall establish general policies for the Department of Public Safety and the State Bureau of Investigations.


(b) The secretary shall coordinate efforts within the Alabama State Law Enforcement Agency and the entities therein to promote the recruitment, selection, and training of state law enforcement officers in the agency.


(c)(1) A Protective Services Unit is created in the office of the secretary. The unit is vested with all functions of the Dignitary Protection Services of the Department of Public Safety, and a reference in any law to the Dignitary Protection Services of the Department of Public Safety shall be deemed a reference to the Protective Services Unit.


(2) The secretary shall appoint a chief of the unit.


(d) The secretary is vested with all functions of the Alabama Department of Economic and Community Affairs relating to law enforcement planning.


(e) Investigators employed on the effective date of this section by the State Office of Prosecution Services as computer forensics investigators/analysts in the Alabama Computer Forensics Labs shall be transferred to the Alabama Fusion Center and shall receive a rank and classification in the state Merit System equivalent to their current employment rank or years of service.



Section 4. (a) There is hereby created the Public Safety Fund in the State Treasury. The fund consists of all monies appropriated for support of the functions of the Secretary of the Alabama State Law Enforcement Agency, Department of Public Safety, and the State Bureau of Investigations, including funds transferred to any of the foregoing pursuant to Section 9. Any monies in the fund from a source that restricts the use of the funds to a certain purpose or that are appropriated for a particular purpose may be expended only for that purpose.


(b) Subject to subsection (a), the Secretary of the Alabama State Law Enforcement Agency may expend monies in the Public Safety Fund for the support of the Secretary, the Department of Public Safety, and the State Bureau of Investigations.


Section 5. (a) The State Bureau of Investigations is hereby created in the Alabama State Law Enforcement Agency. The bureau shall succeed to and be vested with all powers of the Alabama Bureau of Investigation. A reference in any law to the Alabama Bureau of Investigation shall be deemed a reference to the State Bureau of Investigations.


(b) The position of Director of the State Bureau of Investigations is created. The director shall be appointed by the Secretary of the Alabama State Law Enforcement Agency, after consultation with the Governor, and shall hold office at the pleasure of the secretary. The salary of the director shall be set by the secretary, and shall not be subject to Section 36-6-6, Code of Alabama 1975. A person appointed director shall have an extensive law enforcement background and, by virtue of office, is a state law enforcement officer with the immunity set forth in Section 6-5-338, Code of Alabama 1975.


(c) The bureau succeeds to and is vested with all functions of the Alabama Criminal Justice Information Center. A reference in any law to the Alabama Criminal Justice Information Center shall be deemed a reference to a division of the State Bureau of Investigations. The Alabama Criminal Justice Information Center Commission shall continue to function in an advisory capacity to the bureau regarding functions previously performed by the Alabama Criminal Justice Information Center.


(d) The bureau succeeds to and is vested with all investigative functions of the following investigative and enforcement units, and a reference in any law to these investigation and enforcement units shall be deemed a reference to the State Bureau of Investigations:


(1) The law enforcement unit of the Alabama Alcoholic Beverage Control Board.


(2) The investigative unit of the Alabama Forestry Commission.


(3) The investigative unit of the Department of Agriculture and Industries.


(e) The Director of the State Bureau of Investigations shall have overall supervision and management of functions transferred to the bureau pursuant to this section, subject to approval by the secretary, including the power to change the working title of any position or to reorganize or rename any of the divisions, units, or functions specified in this section. Any change of working title shall not alter the classification or compensation of any person in the state Merit System.


Section 6. (a)(1) The Director of the Department of Public Safety shall be appointed by the Secretary of the Alabama State Law Enforcement Agency, after consultation with the Governor, and shall hold office at the pleasure of the secretary. The salary of the director shall be set by the secretary, and shall not be subject to Section 36-6-6, Code of Alabama 1975. A person appointed director shall have an extensive law enforcement background and, by virtue of office, is a state law enforcement officer with the immunity set forth in Section 6-5-338, Code of Alabama 1975.


(2) The director shall have overall supervision and management of functions transferred to the department pursuant to this section, subject to the approval of the secretary, including the power to change the working title of any position or to reorganize or rename any of the divisions, units, or functions specified in this section. Any change of working title shall not alter the classification or compensation of any person in the state Merit System.


(3) All functions performed by the department on October 1, 2014, shall remain under the Department of Public Safety unless reorganized by the secretary or otherwise transferred pursuant to this act.


(b)(1) The Highway Patrol Division of the Department of Public Safety succeeds to and is vested with all law enforcement functions of the following enforcement units, and a reference in any law to these enforcement units shall be deemed a reference to the Highway Patrol Division of the Department of Public Safety:


a. The law enforcement unit of the Public Service Commission.


b. The revenue enforcement officers of the Department of Revenue.


(2) The director shall appoint a chief of the division.


(c)(1) The Marine Police Division is hereby created within the Department of Public Safety. The director shall appoint a chief of the division.


(2) The Marine Police Division of the Department of Public Safety succeeds to and is vested with all functions of the Marine Police Division of the Department of Conservation and Natural Resources. A reference in any law to the Marine Police Division of the Department of Conservation and Natural Resources shall be deemed a reference to the Marine Police Division of the Department of Public Safety.


Section 7. (a) For the purposes of this section, the term "legacy agency" means an existing agency, department, or division that is being reorganized or abolished under this act.


(b) Unless otherwise provided in this act, all positions created by this act shall be in the classified service of the state Merit System.


(c) All persons employed on the effective date of this act with a legacy agency and transferred to the Alabama State Law Enforcement Agency, Department of Public Safety, or State Bureau of Investigations shall maintain his or her classification and benefits under the legacy agency. A person employed by a legacy agency on the effective date of this act shall not receive a decrease in salary, benefits, or seniority or otherwise receive a decrease in classification as a result of the transfer to the Alabama State Law Enforcement Agency, Department of Public Safety, or State Bureau of Investigations.


(d) Any future change in classification shall not result in any change in benefits an employee previously had at a legacy agency.


(e) An employee of a legacy agency transferred to the Alabama State Law Enforcement Agency, Department of Public Safety, or State Bureau of Investigations under this act shall remain in his or her current classification unless appointed to the appropriate classification within the newly created department according to state Merit System procedures.


(f) Any employee hired in the Alabama State Law Enforcement Agency after October 1, 2014, who is certified by the Alabama Peace Officers' Standards and Training Commission and performs law enforcement duties shall be considered a law enforcement officer, as defined by Section 36-27-59(a)(3), Code of Alabama 1975, but is not eligible for the benefits specified in Section 36-26-35(d), Code of Alabama 1975.


Section 8. Any law enforcement officer employed by the Alabama State Law Enforcement Agency shall be entitled to the immunity set forth in Section 6-5-338, Code of Alabama 1975.


Section 9. All books, records, supplies, funds, equipment, and personnel of the units, departments, divisions, and other state entities merged with another state entity or abolished and the functions of which are transferred to another state agency by this act shall be transferred to the succeeding department or state entity to the extent that the books, records, supplies, funds, equipment, and personnel are related to the functions transferred to the succeeding department or entity.


Section 10. The Code Commissioner shall conform references in the Code of Alabama 1975, to the units, departments, divisions, and other state entities included in this act to reflect the changes required by this act. Code changes shall be made at a time determined to be appropriate by the Code Commissioner.


Section 11. Sections 41-9-592 and 41-9-593, Code of Alabama 1975, are amended to read as follows:


§41-9-592.


"The commission shall be composed of two sections.


"The voting section will include: the Secretary of the Alabama State Law Enforcement Agency, the Attorney General, the Chairman of the Board of Pardons and Paroles, the Commissioner of the Board of Corrections, the President of the Alabama Sheriffs' Association, the Director of the Department of Public Safety, the President of the Alabama Association of Chiefs of Police, the Director of the Alabama Law Enforcement Planning Agency, the President of the District Attorney's Association, the President of the Circuit Clerks' Association, the Chief Justice of the Alabama Supreme Court, the President of the Alabama Association of Intermediate Court Judges, the President of the Circuit Judges' Association, the Governor's coordinator of Alabama Highway and Traffic Safety and the Director of the Data Systems Management Division of the Alabama Department of Finance.


"The advisory section will include: the presiding officer of the Alabama Senate, the Speaker of the Alabama House of Representatives, the President of the Association of County Commissions of Alabama, the President of the Alabama League of Municipalities, the Administrative Director of the Courts and a citizen of the State of Alabama, to be appointed by the Governor. The member shall have authority to select a designee based upon qualifications and with a view of continuity of representation and attendance at the commission meetings.


"No person or individual shall continue to serve on the commission when he no longer officially represents the function or serves in the capacity enumerated in this section as a member to which he was elected or appointed.


§41-9-593.


"The commission shall, upon its first meeting, elect from its membership a chairman and a vice-chairman who shall serve for a period of one year. The vice-chairman shall act in the place of the chairman in his absence or disability. Commencing October 1, 2014, the Secretary of the Alabama State Law Enforcement Agency shall serve as chairman of the commission.


"The commission shall meet at such times as designated by the commission or by the chairman at the state capital or at other places as is deemed necessary or convenient, but the chairman of the commission must call a meeting four times a year at the state capital or main location of the ACJIC in the months of January, April, July and October. The chairman of the commission may also call a special meeting of the commission at any time he deems it advisable or necessary. A quorum shall be a simple majority of the voting commission membership or their designees and all matters coming before the commission shall be voted on by the commission.


"The commission will keep or cause to be kept a record of all transactions discussed or voted on by the commission.


"Members of the commission and their designees shall serve without compensation; except, that payment of their expenses may be paid in accordance with the applicable state travel regulations."


Section 12. All laws or parts of laws which conflict with this act are repealed.


Section 13. Sections 1 and 2 of this act shall become effective immediately following the passage and approval of this act by the Governor, or its otherwise becoming law. The remainder of this act shall become effective on October 1, 2014, following the passage and approval of this act by the Governor, or its otherwise becoming law.



Public Safety Department

Homeland Security Department

Alabama Bureau of Investigation

Alabama Criminal Justice Information System

Dignitary Protection Services

State Fire Marshal

Forestry Commission

Agriculture and Industries Department

Prosecution Services Office

Attorney General

Economic and Community Affairs Department

Capitol Police

Conservation and Natural Resources Department

Marine Police Division

Port Authorities

Code Commissioner

Code Amended

Kenward

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