HB355INTRODUCED
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HB355
Z07EKK-1
By Representative Yarbrough (N & P)
RFD: Local Legislation
First Read: 21-Mar-24
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5 Z07EKK-1 03/20/2024 JC (L)tgw 2023-2695
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First Read: 21-Mar-24
A BILL
TO BE ENTITLED
AN ACT
Relating to Lawrence County; to provide for the
formation of fire districts by the county commission and
municipalities; to provide by voter approval for the funding
of fire districts by fire protection fees with collection by
the revenue commissioner; to further provide for election
procedures; and to repeal Act 92-409 of the 1992 Regular
Session (Acts 1992, p. 838), now appearing as Part 2, Article
14, Chapter 40 of Title 45, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act applies only to Lawrence County.
Section 2. For the purposes of this act, the following
words have the following meanings:
(1) BUSINESS. Any occupation or enterprise that
requires purchase of a business license, regardless of whether
the occupation or enterprise is the sole occupant of a
structure or shares the structure with at least one other
occupation, enterprise, or a dwelling.
(2) DISTRICT BOARD. A board of directors of a fire
district as authorized by the county commission or a municipal
governing body pursuant to Chapter 89, Title 11, Code of
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governing body pursuant to Chapter 89, Title 11, Code of
Alabama 1975.
(3) DWELLING. A structure that is inhabited for at
least a part of a calendar year as a residence by at least one
individual regardless of whether it is also used for a
nonresidential purpose, including all of the following:
a. A structure assessed for the purpose of ad valorem
taxation as a Class III single-family, owner-occupied
residential property.
b. A unit in a condominium, duplex, or apartment
building.
c. A manufactured home, mobile home, or house trailer.
(4) INCORPORATED AREA. Any area within Lawrence County
which is within the corporate limits of a municipality.
(5) LEVY. Any introduction of a fire protection fee or
the increase of an existing fire protection fee.
(6) MUNICIPAL GOVERNING BODY. The governing body of a
municipality as defined in Section 11-89-1, Code of Alabama
1975.
(7) UNINCORPORATED AREA. Any area within Lawrence
County which is outside the corporate limits of a
municipality.
Section 3. (a) Any volunteer fire department that
serves an area within Lawrence County may apply to incorporate
as a fire district pursuant to Chapter 89, Title 11, Code of
Alabama 1975.
(b) The application shall be filed with the county
commission if the proposed fire district is for an
unincorporated area or with the municipal governing body and
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unincorporated area or with the municipal governing body and
the county commission if the proposed fire district includes
incorporated and unincorporated areas.
(c) A fire district authorized by the county
commission, or the county commission and a municipal governing
body if applicable, may upon incorporation provide for its
governance under bylaws best suited to the needs of the fire
district.
Section 4. (a) Fire protection may be funded by a fee
collected from a business or dwelling located in any fire
district.
(b) A fire protection fee may not be assessed on any of
the following:
(1) A school, church, hospital, or senior care
facility.
(2) A building used for fire protection or emergency
rescue service.
(3) A building or structure used primarily for
agricultural purposes.
(4) A structure or any part of a structure occupied by
a political subdivision of the State of Alabama.
(5) Any structure owned and used exclusively by any
fraternal veterans organization, community service
organization, or fraternal lodge as provided in Section
40-9-1, Code of Alabama 1975.
(6) Any structure owned or used by the Alabama National
Guard.
(7) The dwelling of any individual who is 65 years of
age or older having a net annual taxable income of twelve
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age or older having a net annual taxable income of twelve
thousand dollars ($12,000) or less as shown on that
individual's latest United States income tax return or, if the
individual is not required to file a United States income tax
return, as shown by an affidavit attesting that the net annual
taxable income for the preceding tax year was twelve thousand
dollars ($12,000) or less.
(c)(1) Fire protection fee revenue shall only be spent
on the expenses of providing fire protection and related
emergency services within the district in which the fee is
collected, including training, salaries, supplies,
administration, buildings, capital improvements, equipment,
insurance, and professional services.
(2) Fire protection fee revenue may not be spent for
food and drink, social activities, or fundraising.
Section 5. (a) A municipal governing body shall
determine, in consultation with the district board, the amount
of any fire protection fee to be levied in that municipality's
incorporated area of a fire district and approve the proposed
fee by ordinance without an election.
(b)(1) A fire protection fee for an unincorporated area
may not be levied unless the fee has been approved for
collection by the county revenue commissioner by a majority of
the votes cast by the qualified electors residing in the
unincorporated area of a fire district according to the
following steps:
a. A district board shall determine the proposed amount
of a fire protection fee for an unincorporated area of a fire
district subject to approval by the county commission.
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district subject to approval by the county commission.
b. Immediately upon approval of the proposed amount by
the county commission, the county commission shall pass a
resolution requesting that the judge of probate call an
election on one of the following questions:
1. "Do you favor the assessment of a fee in the amount
of $__ a month, to be collected annually with property tax
payments by the county revenue commissioner for the purpose of
funding fire protection services in this fire district?
Yes__ No__."
2. "Do you favor raising the existing fee from the
current amount of $__ a month to the amount of $__ a month, to
be collected annually with property tax payments by the county
revenue commissioner for the purpose of funding fire
protection in this fire district?
Yes__ No__."
c. When the county commission has filed the resolution
with the office of the judge of probate, the judge of probate
shall order an election on the question to be held in the fire
district not less than 60 nor more than 360 days from the date
of submission of the request. The judge of probate may order
that the vote be taken in conjunction with the next scheduled
statewide or countywide election.
d. The county commission shall pay all expenses of the
election held in the fire district unless the election is held
in conjunction with a statewide or countywide election, in
which case the district board shall pay all expenses of the
election not otherwise reimbursed by a governmental agency.
e. The district board shall be responsible for
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e. The district board shall be responsible for
publishing the notice of the election, which shall specify the
amount of the fire protection fee proposed to be levied. No
later than 30 days before the election, the notice shall be
published by posting it on the website of the county, at the
office of the county commission, and prominently on or within
at least three public or commercial buildings located within
the unincorporated area of the fire district which are
frequented by the public.
(2) If a majority of qualified electors in the
unincorporated area of a fire district approve the levy of the
fire protection fee, another election on levy of a fire
protection fee may not be held within five years of the
election. If a majority of the qualified electors in the
unincorporated area of a fire district disapprove the levy of
the fire protection fee, another election on levy of the fire
protection fee may not be held within two years of the
election.
(c) Any fire protection fee levied pursuant to this
section shall be collected by the revenue commissioner of the
county.
(1) The fire protection fee as levied shall be assessed
on the basis of a year beginning October 1 and ending
September 30, with a new assessed rate starting on the October
1 immediately following approval by the municipal governing
body or the qualified electors.
(2) The fire protection fee shall be assessed at the
same rate for a business and a dwelling.
(3) The fire protection fee shall be collected at the
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(3) The fire protection fee shall be collected at the
same time each year as ad valorem taxes.
(4) The revenue commissioner of the county shall
dispense the fire protection fee revenue to the fire district
on terms as agreed upon by the revenue commissioner and the
district board.
(5) The district board may provide that when a person
has been delinquent for more than 60 days in paying the annual
fire protection fee due, the person shall be liable for, in
addition to the fire protection fee, a reasonable late fee
subject to the approval of the county commission or the
municipal governing body and any costs and attorney fees
incurred by the fire district in collecting the fire
protection fee.
Section 6. (a) This act does not supersede any valid
act relating to fire service fees in the county.
(b) If a fire protection fee has not been levied for
any unincorporated area pursuant to section 5, any district
board may fix, revise, and collect a reasonable fee for fire
protection as provided under Chapter 89, Title 11, Code of
Alabama 1975.
Section 7. No fire district shall have the power to
exercise eminent domain.
Section 8. A fire district shall have primary
responsibility in its area as defined pursuant to Chapter 89,
Title 11, Code of Alabama 1975, for all fire and related
emergency incidents that are not the primary responsibility of
law enforcement authorities.
Section 9. Any individual serving as chief of a fire
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Section 9. Any individual serving as chief of a fire
district created pursuant to this act, at the request of the
state Fire Marshal, shall provide support and assistance in
carrying out the duties imposed by Article 1, Chapter 19,
Title 36, Code of Alabama 1975.
Section 10. Act 92-409 of the 1992 Regular Session
(Acts 1992, p. 838), now appearing as Part 2, Article 14,
Chapter 40 of Title 45, Code of Alabama of 1975, providing for
the levy of a fire protection services and emergency medical
care fee, is repealed.
Section 11. This act shall become effective on October
1, 2024.
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