Everyone should read the law.
Look for the bold section which was added after Katrina...
The Code of Alabama 1975
Section 31-9-8
Emergency powers of Governor.
(a) The provisions of this section shall be operative only during the
existence of a state of emergency, referred to hereinafter as one of
the states of emergency defined in Section 31-9-3. The existence of a
state of emergency may be proclaimed by the Governor as provided in this
subsection or by joint resolution of the Legislature if the Governor in
the proclamation or the Legislature in the resolution finds that an
attack upon the United States has occurred or is anticipated in the
immediate future, or that a natural disaster of major proportions or a
public health emergency has occurred or is reasonably anticipated in the
immediate future within this state and that the safety and welfare of
the inhabitants of this state require an invocation of the provisions of
this section. The emergency, whether proclaimed by the Governor or by
the Legislature, shall terminate 60 days after the date on which it was
proclaimed unless the Governor extends the emergency by proclamation or
the Legislature extends the emergency by a joint resolution. Upon
proclamation by the Governor of a state of emergency, the Governor may
call the Legislature into special session. Additionally, the Lieutenant
Governor or the Speaker of the House may request in writing that the
Governor call the Legislature into special session. During the period
that the proclaimed emergency exists or continues, the Governor shall
have and may exercise the following additional emergency powers:
(1) To enforce all laws, rules, and regulations relating to emergency
management and to assume direct operational control of all emergency
management forces and helpers in the state.
(2) To sell, lend, lease, give, transfer, or deliver materials or
perform services for emergency management purposes on such terms and
conditions as the Governor shall prescribe and without regard to the
limitations of any existing law, and to account to the State Treasurer
for any funds received for such property.
(3) To procure, by purchase, condemnation, seizure, or other means,
construct, lease, transport, store, maintain, renovate, or distribute
materials and facilities for emergency management without regard to the
limitations of any existing law; provided, that this authority shall not
be exercised with regard to newspapers, wire facilities leased or owned
by news services, and other news publications, and provided further,
that he or she shall make compensation for the property so seized,
taken, or condemned, on the following basis:
a. In case property is taken for temporary use, the Governor, within
30 days of the taking, shall fix the amount of compensation to be paid
therefor, and in case the property shall be returned to the owner in a
damaged condition, or shall not be returned to the owner, the Governor
shall fix within 30 days the amount of compensation to be paid for the
damage or failure to return. Whenever the Governor shall deem it
advisable for the state to take title to property taken under this
section, he or she shall forthwith cause the owner of the property to be
notified thereof in writing by registered or certified mail, postage
prepaid, or by the best available means, and forthwith cause to be filed
a copy of the notice with the Secretary of State.
b. If the person entitled to receive the amount so determined by the
Governor as just compensation is unwilling to accept the same as full
and complete compensation for such property or the use thereof, he or
she shall be paid 75 percent of such amount and shall be entitled to
recover from the State of Alabama, in an action brought in a court in
the county of residence of the claimant or in Montgomery County, in the
same manner as other condemnation claims are brought, within three years
after the date of the Governor's award, such additional amount, if any,
which when added to the amount so paid to him or her, shall be just
compensation.
(4) To provide for and compel the evacuation of all or part of the
population from any stricken or threatened area or areas within the
state and to take such steps as are necessary for the receipt and care
of such evacuees.
(5) To perform and exercise such other functions, powers and duties
as are necessary to promote and secure the safety and protection of the
civilian population.
(6) To employ such measures and give such directions to the state or
local boards of health as may be reasonably necessary for the purpose of
securing compliance with the provisions of this article or with the
findings or recommendations of such boards of health by reason of
conditions arising from enemy attack or the threat of enemy attack or
otherwise.
(7) To utilize the services and facilities of existing officers and
agencies of the state and of the political subdivisions thereof. All
such officers and agencies shall cooperate with and extend their
services and facilities to the Governor as he or she may request.
(8) With due consideration to the recommendations of local
authorities, the Governor may formulate and execute plans and
regulations for the control of traffic in order to provide for the rapid
and safe movement of evacuation over public highways and streets of
people, troops, or vehicles and materials for national defense or for
use in any defense industry, and may coordinate the activities of the
departments or agencies of the state and of the political subdivisions
thereof concerned directly or indirectly with public highways and
streets, in a manner which will best effectuate such plans.
(9) To establish agencies and offices and to appoint temporary
executive, technical, clerical, and other personnel as may be necessary
to carry out the provisions of this article without regard to the Merit
System Act.
(b) The proclamation of a state of public health emergency shall
activate the disaster response and recovery aspects of the state, local,
and inter-jurisdictional disaster emergency plans in the affected
political subdivisions or geographic areas. Such declaration authorizes
the deployment and use of any forces to which the plans apply and the
use or distribution of any supplies, equipment, and materials and
facilities assembled, stockpiled, or available pursuant to this article.
(c) When a state of public health emergency has been declared or
terminated, the State Board of Health shall inform members of the public
on how to protect themselves and what actions are being taken to
control the emergency.
(d)(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.
(Acts 1955, No. 47, p. 267, §8; Act 2006-522, p. 1210, §1; Act 2009-572, p. 1679, §1.)
