Title 35, Chapter 8, Section 25
( 35-8-25)
(a)(1) Any person who is employed by an agency or authority of
this state or an agency or authority of a political subdivision of
this state as a bomb technician, explosive ordnance disposal
technician, handler of an animal trained to detect explosives, or
any person who is assigned to such duties shall be required to
complete successfully a training program prescribed by the council
which shall consist of an initial training program, an
apprenticeship, and annual recertification. (2) The council is authorized to award a distinctive device to any
person certified as an explosive ordnance disposal technician or
as a handler of an animal trained to detect explosives upon
completion of the initial training program and apprenticeship
period. The council may also establish and award distinctive
devices for certified explosive ordnance disposal technicians who
qualify as senior or master explosive ordnance disposal
technicians. Such devices may be worn on any law enforcement
officer's or fire official's uniform. (b)(1) The head of any agency which employs one or more certified bomb technicians, explosive ordnance disposal technicians, handlers of animals trained to detect explosives, or emergency medical technicians or emergency medical professionals who provide medical support of explosive ordnance disposal operations may establish a mutual aid agreement with any other agency for the purpose of assisting with the detection, rendering safe, and disposal of destructive devices as such term is defined by Code Section 16-7-80. Any such mutual aid agreement shall be subject to approval of the governing authority of such agency. (2) A political subdivision which is aided pursuant to this
subsection shall reimburse the political subdivision providing the
aid for any loss or damage to equipment other than fair wear and
tear and shall pay any expenses incurred in the operation and
maintenance of such equipment; provided, however, that no such
claim shall be allowed unless, within 60 days after the same is
sustained or incurred, the political subdivision providing the aid
provides to the chief financial officer of the political
subdivision receiving the aid an itemized notice of the claim made
under oath. The political subdivision which received the aid
shall also pay and reimburse the political subdivision furnishing
the aid for any overtime compensation paid to any employee
furnished under this Code section during the time of the rendering
of the aid and shall defray the actual traveling and maintenance
expenses of any employee while such employee was engaged in
rendering the aid. Such reimbursement shall include any amounts
paid or due for compensation due to personal injury or death while
such employee was engaged in rendering the aid. (3) Unless otherwise expressly provided by its terms, a mutual aid
agreement established pursuant to this subsection shall not be
construed as superseding or amending any mutual aid agreement
adopted pursuant to Chapter 6 of Title 25, Chapter 69 of Title 36,
or Chapter 3 of Title 38 which applies to emergencies involving
explosives or destructive devices. (c)(1) Whenever a bomb technician, explosive ordnance disposal technician, handler of an animal trained to detect explosive devices, or an emergency medical technician or emergency medical professional who provides medical support of explosive ordnance disposal operations employed by an agency or authority of local government provides assistance at the request of a state agency or authority, such person shall be considered an employee of this state for the purposes of Code Section 50-21-22, paragraph (3) of Code Section 34-9-1, and Code Section 45-9-3. Such person shall also be entitled to reimbursement by the requesting agency or authority for actual expenses incurred in the same manner as other employees of the agency or authority. (2) A state agency or authority receiving assistance from an
agency or authority of a local government shall reimburse such
political subdivision for any loss or damage, other than fair wear
and tear, to any equipment owned by such political subdivision.
No claim for the loss, damage, or expense shall be allowed unless,
within 60 days after the same is sustained or incurred, the local
government submits an itemized notice of the claim under oath to
the fiscal officer of the state agency or authority. (3) A state agency or authority which receives aid from a local
government shall also pay and reimburse such political subdivision
for any overtime compensation paid to an employee furnished under
this Code section during the time of the rendering of the aid.
Such reimbursement shall include any amounts paid or due for
compensation due to personal injury or death while such employee
was engaged in rendering the aid. (d) An employee of a political subdivision or agency or authority
thereof who is engaged in the rendering of outside aid pursuant to a
mutual aid agreement adopted pursuant to this Code section shall
have the same powers, duties, rights, privileges, and immunities as
if such employee was engaged in the performing of his or her duties
in the political subdivisions in which he or she is normally
employed. (e) Any other provision of law to the contrary notwithstanding, any records, books, or documents, as such terms are defined by subsection (e) of Code Section 45-11-1, which are prepared for use in any training program conducted pursuant to the provisions of this Code section and any rules or regulations relating to such training which contain or may disclose techniques and procedures for the manufacture or rendering safe of any destructive device, as such term is defined by Code Section 16-7-80, or would disclose guidelines for law enforcement investigations or prosecutions of violations of the laws of this state or of the United States relating to destructive devices, explosives, or chemical, biological, or nuclear materials shall not be subject to public disclosure pursuant to Article 5 of Chapter 11 of Title 9 or Chapter 16 of Title 17 or Article 4 of Chapter 18 of Title 50 unless the request for disclosure is served on the Attorney General as provided by Code Section 9-10-2 and a judge of the superior court finds that such disclosure is required to prevent a manifest injustice and that the information is not available from any other source. Any such order requiring disclosure shall impose such restrictions on access or copying of the material as will ensure that such material is not disclosed beyond that required to preserve the rights of the parties. Any order requiring disclosure of such material may be appealed by the district attorney of the circuit in which such order is entered or by the Attorney General. |