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Alabama
ALABAMA CODE.
CHAPTER 23A. DEPARTMENT OF HOMELAND SECURITY
Code of Ala. § 41-23A-5 (2003)
§ 41-23A-5. Director of Homeland Security (abridged)
(a) The position of Director of Homeland Security is created. The director
shall be the head of the department. The director shall be appointed by and
hold office at the pleasure of the Governor and shall be subject to confirmation
by the Senate. Notwithstanding the foregoing, any person holding the position
of director on the effective date of this act shall not be subject to confirmation
by the Senate.
[…]
(c) The director is given the following additional and cumulative powers and
duties to:
(1) Receive intelligence information from federal authorities relating to
homeland security and ensure that, to the extent allowed by law, all appropriate
and necessary intelligence and law enforcement information regarding homeland
security is disseminated to and exchanged among appropriate executive departments
responsible for homeland security, and where appropriate, promote the exchange
of such information with county and local governments and private entities.
(2) Assist in planning and executing exercises and simulations designed to
practice those systems that would be utilized in response to a terrorist threat
or attack within Alabama.
(3) Assist in state efforts to ensure public health preparedness for a terrorist
event.
(4) Engage in the exchange of information with the federal government relating
to immigration and efforts to improve the security of the borders, territorial
waters, and ports of the United States.
(5) Coordinate the efforts to protect the people of Alabama and the state's
critical infrastructure from terrorist attack, including, but not limited
to, energy production, transmission and distribution systems, telecommunications,
nuclear facilities, public and privately owned information systems, special
public and private events, transportation hubs and networks, livestock, water,
and food supplies, and research institutions. Notwithstanding any other provision
of this act, the director shall not impose security requirements on any private
sector facility that are inconsistent with existing or future requirements
applicable to private sector facilities pursuant to federal law or regulations,
including those adopted by the Nuclear Regulatory Commission, the Federal
Energy Regulatory Commission, the federal Department of Homeland Security
or other federal agencies.
[…]
PUBLIC ACT 276
HOUSE BILL 335
2003 Al. ALS 276; 2003 Ala. Acts 276; 2003 Al. Pub. Act 276; 2003 Al. HB 335
(a) As a result of the unprecedented and devastating attack of September 11, 2001, upon the people and the vital infrastructure of the United States of America and the possibility that such attacks may be perpetrated in the future by those persons identified as terrorists and other enemies of this country, and in order to ensure that preparations of this state will be adequate to deal with such events and to generally provide for the common defense and to protect and preserve the life, health, welfare, and property of the people of Alabama, it is found and is declared to be necessary to:
(1) Create a State Department of Homeland Security.
(2) Confer upon the Governor the powers provided in this act.
(3) Provide for the rendering of aid to the political subdivisions of the
state, and between other states, and the federal government with respect to
performing those functions related to homeland security.
[…]
[*3] Section 3. Definitions.
[…]
(3) HOMELAND SECURITY. The development, coordination, and implementation of
a state policy to secure the State of Alabama from terrorist threat or attack.
The term includes efforts to detect, prepare for, prevent, protect against,
share intelligence where applicable, respond to, and recover from terrorist
attacks within the State of Alabama.
[…]
[*13] Section 13. Immunity of state from liability.
All functions under this act and all other activities relating to homeland security are declared to be governmental functions and protected by the State of Alabama governmental immunity.
[*14] Section 14. Exemption from disclosure.
Records and information under this act are protected from disclosure by applicable state and federal laws. Further exemptions may specifically be granted by administrative rules promulgated under this act.
Approved by the Governor June 18, 2003