Ala. Code
Code of Alabama

Ala. Code § 31-9-3 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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As used in this article, these terms shall have the following meanings:

(1) EMERGENCY MANAGEMENT. The preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, or by fire, flood, earthquake, or other natural cause. These functions include, without limitation, public safety services including, fire-fighting services; police services; medical and health services; rescue, engineering, and air raid warning services; communications; radiological, chemical, and other special weapons of defense; evacuation of persons from stricken areas; emergency welfare services (civilian war aid); emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

(2) LOCAL ORGANIZATION. The organization of local emergency management forces designed principally for operation within their own community but capable of moving to other areas.

(3) POLITICAL SUBDIVISION. Any county or municipality created pursuant to law.

(4) STATE OF EMERGENCY. When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, or man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, or energy shortage requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.

(5) STATE PUBLIC HEALTH EMERGENCY. An occurrence or imminent threat of an illness or health condition that does all of the following:

a. Is believed to be caused by any of the following:

1. Bioterrorism.

2. The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.

3. A natural disaster.

4. A chemical attack or accidental release.

5. A nuclear or radiological attack or accident.

b. Poses a high probability of any of the following harms:

1. A large number of deaths in the affected population.

2. A large number of serious or long-term disabilities in the affected population.

3. Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

(6) STATE TECHNOLOGICAL EMERGENCY. An emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.

(Acts 1955, No. 47, p. 267, §3; Act 2006-522, p. 1210, §1; Act 2022-187, §1.)

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2003–2024 · leading case: Archie v. State, 875 So. 2d 336 (Ala. Crim. App. 2003).
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Archie v. State, 875 So. 2d 336 (Ala. Crim. App. 2003). “§ 31-9-3 (Michie 2000); 18 Pa. Cons. Stat.”
City of Selma v. Dallas Cnty., 964 So. 2d 12 (Ala. 2007). “The authority of [the county] department is further defined in § 31-9-3(1) of the 1975 Code of Alabama, as amended, and includes: “ ‘[the] carrying out [of] all emergency functions, other than [functions] for which [military forces or other] federal agencies are primarily…”
Ex parte Jackson Hosp. & Clinic, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Theresa Johnson, individually & as of the Est. of Nathaniel Johnson v. Jackson Hosp. & Clinic, Inc.) (Montgomery Circuit Court: CV-21-900980). (Ala. 2024). · cites it 3× “Code 1975, § 31-9-3(4) (defining a "state of emergency" as, among other things, "the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by ... epidemic ...."), and § 31-9-3(5) (defining a "state public health…”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “See Ala Code 31-9-1 and Ala Code 31-9-3(4); Alas Stat 26.23.020(i); Ariz Rev Stat Ann 26-301(15), Ariz Rev State Ann 26-303(D) and Ariz Rev Stat Ann 36-787; Ark Code Ann 12-75-102 and Ark Code Ann 20-7-110; Cal Gov Code 8558; Colo Rev Stat 24-33.”
— Ala. Code § 31-9-3(1) — 1 case
City of Selma v. Dallas Cnty., 964 So. 2d 12 (Ala. 2007). “The authority of [the county] department is further defined in § 31-9-3(1) of the 1975 Code of Alabama, as amended, and includes: “ ‘[the] carrying out [of] all emergency functions, other than [functions] for which [military forces or other] federal agencies are primarily…”
— Ala. Code § 31-9-3(4) — 2 cases
Ex parte Jackson Hosp. & Clinic, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Theresa Johnson, individually & as of the Est. of Nathaniel Johnson v. Jackson Hosp. & Clinic, Inc.) (Montgomery Circuit Court: CV-21-900980). (Ala. 2024). “Code 1975, § 31-9-3(4) (defining a "state of emergency" as, among other things, "the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by ... epidemic ...."), and § 31-9-3(5) (defining a "state public health…”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “See Ala Code 31-9-1 and Ala Code 31-9-3(4); Alas Stat 26.23.020(i); Ariz Rev Stat Ann 26-301(15), Ariz Rev State Ann 26-303(D) and Ariz Rev Stat Ann 36-787; Ark Code Ann 12-75-102 and Ark Code Ann 20-7-110; Cal Gov Code 8558; Colo Rev Stat 24-33.”
— Ala. Code § 31-9-3(5) — 1 case
Ex parte Jackson Hosp. & Clinic, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Theresa Johnson, individually & as of the Est. of Nathaniel Johnson v. Jackson Hosp. & Clinic, Inc.) (Montgomery Circuit Court: CV-21-900980). (Ala. 2024). “Code 1975, § 31-9-3(4) (defining a "state of emergency" as, among other things, "the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by ... epidemic ...."), and § 31-9-3(5) (defining a "state public health…”
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