Alabama 2022 Regular Session

Alabama Senate Bill SB129 Compare Versions

OldNewDifferences
11 1 SB129
2-2 215793-2
3-3 By Senator McClendon (N & P)
4-4 RFD: Local Legislation
2+2 215793-1
3+3 By Senator McClendon
4+4 RFD: Banking and Insurance
55 5 First Read: 01-FEB-22
66
7-Page 0 SB129
8-1 SB129
9-2
10-3
11-4 With Notice and Proof
12-5
13-6 ENROLLED, An Act,
14-7 Relating to St. Clair County; to amend Act 2017-265
15-8 of the 2017 Regular Session, authorizing the establishment of
16-9 the Davis Lake Volunteer Fire Department as a fire district
17-10 for fire protection purposes; to specify that the fire
18-11 protection fees would be separately stated on the ad valorem
19-12 tax bills by the revenue commissioner.
20-13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
21-14 Section 1. Section 13 of Act 2017-265 of the 2017
22-15 Regular Session, as last amended by Act 2020-174 of the 2020
23-16 Regular Session, is amended to read as follows:
24-17 "(a) No service charge or fee shall be levied unless
25-18 the same has first been approved by the majority of the votes
26-19 cast at an election held hereunder by the qualified electors
27-20 residing within the district, or within the proposed district.
28-21 No additional fee shall be assessed in addition to one hundred
29-22 fifty dollars ($150) per residence or commercial building. Any
30-23 property owner may withdraw from the district if the property
31-24 owner has fire protection services from another district or
32-25 from a municipality as a result of annexation into the
33-Page 1 SB129
34-1 municipality. If a property owner in the district requests to
35-2 withdraw from the district and the withdrawal is not
36-3 effectuated by the district, the property owner may appeal the
37-4 withdrawal to a board of review composed of the local
38-5 legislative delegation. Upon a majority vote of the board of
39-6 review, a letter confirming the withdrawal shall be forwarded
40-7 to the 911 agency and the revenue commissioner approving
41-8 withdrawal from the district, which removal shall be effective
42-9 immediately. No service charge or fee may be levied upon the
43-10 withdrawal of a property owner from the district. No service
44-11 charge or fee may be levied upon a property owner if he or she
45-12 contracts with a different fire department.
46-13 "(b) An election on the question levying a service
47-14 charge or fee in a proposed district may be held at the same
48-15 time that the election is held on the creation of the
49-16 district; provided that the petition for the election on the
50-17 question of the service charge or fee accompanies the petition
51-18 for the election on the establishment of the proposed district
52-19 as provided herein. An election on the question of a service
53-20 charge or fee may be held upon the board of the district
54-21 submitting to the judge of probate a petition for an election
55-22 as provided. The board shall file in the office of the judge
56-23 of probate a petition that he or she call an election in the
57-24 district on the question of whether the service charge or fee
58-25 proposed should be levied. No election shall be required to
59-Page 2 SB129
60-1 refund overpaid service charges or fees to correct errors in
61-2 the assessment thereof or to terminate the assessment and
62-3 collection thereof upon withdrawal of a property owner from a
63-4 district as provided herein, all of which shall be effectuated
64-5 automatically and immediately upon the effective date of the
65-6 written withdrawal. In addition, any property annexed into a
66-7 municipality shall be automatically and immediately withdrawn
67-8 from the district and the property owner shall not be liable
68-9 for any additional fees or costs.
69-10 "(c) After the effective date of the act adding this
70-11 language, the The fire protection service charge or fee on
71-12 each residence or commercial building may not exceed one
72-13 hundred fifty dollars ($150) per year.
73-14 "(d) The fire protection service fee of the Davis
74-15 Lake Volunteer Fire Department and the exact amount of the
75-16 fee, including the account number, shall be separately stated
76-17 by the Revenue Commissioner of St. Clair County on the ad
77-18 valorem tax bill of the taxpayer."
78-19 Section 2. This act shall become effective
79-20 immediately following its passage and approval by the
80-21 Governor, or its otherwise becoming law.
81-Page 3 SB129
82-1
7+Page 0 1 215793-1:n:12/03/2021:FC/ma LSA2021-2455
838 2
849 3
8510 4
86-President and Presiding Officer of the Senate
87-
8811 5
89-6 Speaker of the House of Representatives
90-SB1297
91-8 Senate 03-FEB-22
92-9 I hereby certify that the within Act originated in and passed
93-10 the Senate.
94-11
95-12 Patrick Harris,
96-13 Secretary.
97-14
98-15
99-16
100-17 House of Representatives
101-18 Passed: 16-FEB-22
102-19
103-20
104-21 By: Senator McClendon
105-Page 4
12+6
13+7
14+8
15+9 A BILL
16+10 TO BE ENTITLED
17+11 AN ACT
18+12
19+13 Relating to St. Clair County; to amend Act 2017-265
20+14 of the 2017 Regular Session, authorizing the establishment of
21+15 the Davis Lake Volunteer Fire Department as a fire district
22+16 for fire protection purposes; to specify that the fire
23+17 protection fees would be separately stated on the ad valorem
24+18 tax bills by the revenue commissioner.
25+19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26+20 Section 1. Section 13 of Act 2017-265 of the 2017
27+21 Regular Session, as last amended by Act 2020-174 of the 2020
28+22 Regular Session, is amended to read as follows:
29+23 "(a) No service charge or fee shall be levied unless
30+24 the same has first been approved by the majority of the votes
31+25 cast at an election held hereunder by the qualified electors
32+26 residing within the district, or within the proposed district.
33+27 No additional fee shall be assessed in addition to one hundred
34+Page 1 1 fifty dollars ($150) per residence or commercial building. Any
35+2 property owner may withdraw from the district if the property
36+3 owner has fire protection services from another district or
37+4 from a municipality as a result of annexation into the
38+5 municipality. If a property owner in the district requests to
39+6 withdraw from the district and the withdrawal is not
40+7 effectuated by the district, the property owner may appeal the
41+8 withdrawal to a board of review composed of the local
42+9 legislative delegation. Upon a majority vote of the board of
43+10 review, a letter confirming the withdrawal shall be forwarded
44+11 to the 911 agency and the revenue commissioner approving
45+12 withdrawal from the district, which removal shall be effective
46+13 immediately. No service charge or fee may be levied upon the
47+14 withdrawal of a property owner from the district. No service
48+15 charge or fee may be levied upon a property owner if he or she
49+16 contracts with a different fire department.
50+17 "(b) An election on the question levying a service
51+18 charge or fee in a proposed district may be held at the same
52+19 time that the election is held on the creation of the
53+20 district; provided that the petition for the election on the
54+21 question of the service charge or fee accompanies the petition
55+22 for the election on the establishment of the proposed district
56+23 as provided herein. An election on the question of a service
57+24 charge or fee may be held upon the board of the district
58+25 submitting to the judge of probate a petition for an election
59+26 as provided. The board shall file in the office of the judge
60+27 of probate a petition that he or she call an election in the
61+Page 2 1 district on the question of whether the service charge or fee
62+2 proposed should be levied. No election shall be required to
63+3 refund overpaid service charges or fees to correct errors in
64+4 the assessment thereof or to terminate the assessment and
65+5 collection thereof upon withdrawal of a property owner from a
66+6 district as provided herein, all of which shall be effectuated
67+7 automatically and immediately upon the effective date of the
68+8 written withdrawal. In addition, any property annexed into a
69+9 municipality shall be automatically and immediately withdrawn
70+10 from the district and the property owner shall not be liable
71+11 for any additional fees or costs.
72+12 "(c) After the effective date of the act adding this
73+13 language, the The fire protection service charge or fee on
74+14 each residence or commercial building may not exceed one
75+15 hundred fifty dollars ($150) per year.
76+16 "(d) The fire protection service fee of the Davis
77+17 Lake Volunteer Fire Department and the exact amount of the
78+18 fee, including the account number, shall be separately stated
79+19 by the Revenue Commissioner of St. Clair County on the ad
80+20 valorem tax bill of the taxpayer."
81+21 Section 2. This act shall become effective
82+22 immediately following its passage and approval by the
83+23 Governor, or its otherwise becoming law.
84+Page 3