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Alabama House Bill HB355

Alabama 2024 Regular Session

Alabama House Bill HB355 Compare Versions

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33 HB355
44 Z07EKK-1
55 By Representative Yarbrough (N & P)
66 RFD: Local Legislation
77 First Read: 21-Mar-24
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1212 5 Z07EKK-1 03/20/2024 JC (L)tgw 2023-2695
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1414 First Read: 21-Mar-24
1515 A BILL
1616 TO BE ENTITLED
1717 AN ACT
1818 Relating to Lawrence County; to provide for the
1919 formation of fire districts by the county commission and
2020 municipalities; to provide by voter approval for the funding
2121 of fire districts by fire protection fees with collection by
2222 the revenue commissioner; to further provide for election
2323 procedures; and to repeal Act 92-409 of the 1992 Regular
2424 Session (Acts 1992, p. 838), now appearing as Part 2, Article
2525 14, Chapter 40 of Title 45, Code of Alabama 1975.
2626 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2727 Section 1. This act applies only to Lawrence County.
2828 Section 2. For the purposes of this act, the following
2929 words have the following meanings:
3030 (1) BUSINESS. Any occupation or enterprise that
3131 requires purchase of a business license, regardless of whether
3232 the occupation or enterprise is the sole occupant of a
3333 structure or shares the structure with at least one other
3434 occupation, enterprise, or a dwelling.
3535 (2) DISTRICT BOARD. A board of directors of a fire
3636 district as authorized by the county commission or a municipal
3737 governing body pursuant to Chapter 89, Title 11, Code of
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6767 governing body pursuant to Chapter 89, Title 11, Code of
6868 Alabama 1975.
6969 (3) DWELLING. A structure that is inhabited for at
7070 least a part of a calendar year as a residence by at least one
7171 individual regardless of whether it is also used for a
7272 nonresidential purpose, including all of the following:
7373 a. A structure assessed for the purpose of ad valorem
7474 taxation as a Class III single-family, owner-occupied
7575 residential property.
7676 b. A unit in a condominium, duplex, or apartment
7777 building.
7878 c. A manufactured home, mobile home, or house trailer.
7979 (4) INCORPORATED AREA. Any area within Lawrence County
8080 which is within the corporate limits of a municipality.
8181 (5) LEVY. Any introduction of a fire protection fee or
8282 the increase of an existing fire protection fee.
8383 (6) MUNICIPAL GOVERNING BODY. The governing body of a
8484 municipality as defined in Section 11-89-1, Code of Alabama
8585 1975.
8686 (7) UNINCORPORATED AREA. Any area within Lawrence
8787 County which is outside the corporate limits of a
8888 municipality.
8989 Section 3. (a) Any volunteer fire department that
9090 serves an area within Lawrence County may apply to incorporate
9191 as a fire district pursuant to Chapter 89, Title 11, Code of
9292 Alabama 1975.
9393 (b) The application shall be filed with the county
9494 commission if the proposed fire district is for an
9595 unincorporated area or with the municipal governing body and
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125125 unincorporated area or with the municipal governing body and
126126 the county commission if the proposed fire district includes
127127 incorporated and unincorporated areas.
128128 (c) A fire district authorized by the county
129129 commission, or the county commission and a municipal governing
130130 body if applicable, may upon incorporation provide for its
131131 governance under bylaws best suited to the needs of the fire
132132 district.
133133 Section 4. (a) Fire protection may be funded by a fee
134134 collected from a business or dwelling located in any fire
135135 district.
136136 (b) A fire protection fee may not be assessed on any of
137137 the following:
138138 (1) A school, church, hospital, or senior care
139139 facility.
140140 (2) A building used for fire protection or emergency
141141 rescue service.
142142 (3) A building or structure used primarily for
143143 agricultural purposes.
144144 (4) A structure or any part of a structure occupied by
145145 a political subdivision of the State of Alabama.
146146 (5) Any structure owned and used exclusively by any
147147 fraternal veterans organization, community service
148148 organization, or fraternal lodge as provided in Section
149149 40-9-1, Code of Alabama 1975.
150150 (6) Any structure owned or used by the Alabama National
151151 Guard.
152152 (7) The dwelling of any individual who is 65 years of
153153 age or older having a net annual taxable income of twelve
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183183 age or older having a net annual taxable income of twelve
184184 thousand dollars ($12,000) or less as shown on that
185185 individual's latest United States income tax return or, if the
186186 individual is not required to file a United States income tax
187187 return, as shown by an affidavit attesting that the net annual
188188 taxable income for the preceding tax year was twelve thousand
189189 dollars ($12,000) or less.
190190 (c)(1) Fire protection fee revenue shall only be spent
191191 on the expenses of providing fire protection and related
192192 emergency services within the district in which the fee is
193193 collected, including training, salaries, supplies,
194194 administration, buildings, capital improvements, equipment,
195195 insurance, and professional services.
196196 (2) Fire protection fee revenue may not be spent for
197197 food and drink, social activities, or fundraising.
198198 Section 5. (a) A municipal governing body shall
199199 determine, in consultation with the district board, the amount
200200 of any fire protection fee to be levied in that municipality's
201201 incorporated area of a fire district and approve the proposed
202202 fee by ordinance without an election.
203203 (b)(1) A fire protection fee for an unincorporated area
204204 may not be levied unless the fee has been approved for
205205 collection by the county revenue commissioner by a majority of
206206 the votes cast by the qualified electors residing in the
207207 unincorporated area of a fire district according to the
208208 following steps:
209209 a. A district board shall determine the proposed amount
210210 of a fire protection fee for an unincorporated area of a fire
211211 district subject to approval by the county commission.
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241241 district subject to approval by the county commission.
242242 b. Immediately upon approval of the proposed amount by
243243 the county commission, the county commission shall pass a
244244 resolution requesting that the judge of probate call an
245245 election on one of the following questions:
246246 1. "Do you favor the assessment of a fee in the amount
247247 of $__ a month, to be collected annually with property tax
248248 payments by the county revenue commissioner for the purpose of
249249 funding fire protection services in this fire district?
250250 Yes__ No__."
251251 2. "Do you favor raising the existing fee from the
252252 current amount of $__ a month to the amount of $__ a month, to
253253 be collected annually with property tax payments by the county
254254 revenue commissioner for the purpose of funding fire
255255 protection in this fire district?
256256 Yes__ No__."
257257 c. When the county commission has filed the resolution
258258 with the office of the judge of probate, the judge of probate
259259 shall order an election on the question to be held in the fire
260260 district not less than 60 nor more than 360 days from the date
261261 of submission of the request. The judge of probate may order
262262 that the vote be taken in conjunction with the next scheduled
263263 statewide or countywide election.
264264 d. The county commission shall pay all expenses of the
265265 election held in the fire district unless the election is held
266266 in conjunction with a statewide or countywide election, in
267267 which case the district board shall pay all expenses of the
268268 election not otherwise reimbursed by a governmental agency.
269269 e. The district board shall be responsible for
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299299 e. The district board shall be responsible for
300300 publishing the notice of the election, which shall specify the
301301 amount of the fire protection fee proposed to be levied. No
302302 later than 30 days before the election, the notice shall be
303303 published by posting it on the website of the county, at the
304304 office of the county commission, and prominently on or within
305305 at least three public or commercial buildings located within
306306 the unincorporated area of the fire district which are
307307 frequented by the public.
308308 (2) If a majority of qualified electors in the
309309 unincorporated area of a fire district approve the levy of the
310310 fire protection fee, another election on levy of a fire
311311 protection fee may not be held within five years of the
312312 election. If a majority of the qualified electors in the
313313 unincorporated area of a fire district disapprove the levy of
314314 the fire protection fee, another election on levy of the fire
315315 protection fee may not be held within two years of the
316316 election.
317317 (c) Any fire protection fee levied pursuant to this
318318 section shall be collected by the revenue commissioner of the
319319 county.
320320 (1) The fire protection fee as levied shall be assessed
321321 on the basis of a year beginning October 1 and ending
322322 September 30, with a new assessed rate starting on the October
323323 1 immediately following approval by the municipal governing
324324 body or the qualified electors.
325325 (2) The fire protection fee shall be assessed at the
326326 same rate for a business and a dwelling.
327327 (3) The fire protection fee shall be collected at the
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357357 (3) The fire protection fee shall be collected at the
358358 same time each year as ad valorem taxes.
359359 (4) The revenue commissioner of the county shall
360360 dispense the fire protection fee revenue to the fire district
361361 on terms as agreed upon by the revenue commissioner and the
362362 district board.
363363 (5) The district board may provide that when a person
364364 has been delinquent for more than 60 days in paying the annual
365365 fire protection fee due, the person shall be liable for, in
366366 addition to the fire protection fee, a reasonable late fee
367367 subject to the approval of the county commission or the
368368 municipal governing body and any costs and attorney fees
369369 incurred by the fire district in collecting the fire
370370 protection fee.
371371 Section 6. (a) This act does not supersede any valid
372372 act relating to fire service fees in the county.
373373 (b) If a fire protection fee has not been levied for
374374 any unincorporated area pursuant to section 5, any district
375375 board may fix, revise, and collect a reasonable fee for fire
376376 protection as provided under Chapter 89, Title 11, Code of
377377 Alabama 1975.
378378 Section 7. No fire district shall have the power to
379379 exercise eminent domain.
380380 Section 8. A fire district shall have primary
381381 responsibility in its area as defined pursuant to Chapter 89,
382382 Title 11, Code of Alabama 1975, for all fire and related
383383 emergency incidents that are not the primary responsibility of
384384 law enforcement authorities.
385385 Section 9. Any individual serving as chief of a fire
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415415 Section 9. Any individual serving as chief of a fire
416416 district created pursuant to this act, at the request of the
417417 state Fire Marshal, shall provide support and assistance in
418418 carrying out the duties imposed by Article 1, Chapter 19,
419419 Title 36, Code of Alabama 1975.
420420 Section 10. Act 92-409 of the 1992 Regular Session
421421 (Acts 1992, p. 838), now appearing as Part 2, Article 14,
422422 Chapter 40 of Title 45, Code of Alabama of 1975, providing for
423423 the levy of a fire protection services and emergency medical
424424 care fee, is repealed.
425425 Section 11. This act shall become effective on October
426426 1, 2024.
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