HB195 Alabama 2012 Session

Summary

Primary Sponsor

Mike Hill

Republican

Session

Regular Session 2012

Title

Improvement districts, additional powers, notice of hearing not required if held during regular meeting, assessment fees on lands included, nonpayment of fees, remedies, bonds, Alabama Improvement District Act amended, Sec. 11-99A-52 added; Secs. 11-99A-2, 11-99A-3, 11-99A-4, 11-99A-6, 11-99A-8, 11-99A-9, 11-99A-11, 11-99A-12, 11-99A-13, 11-99A-15, 11-99A-19, 11-99A-21, 11-99A-36, 11-99A-42, 11-99A-43 am'd.; Secs. 11-99A-17, 11-99A-30 repealed

Summary

HB195 broadens and updates the Alabama Improvement District Act to expand what districts can build and finance, streamlines hearing requirements, and strengthens financing and governance tools for districts.

What This Bill Does

It adds a wide range of potential improvements that a district may acquire and finance, including water and sewer systems, streets, utilities, parks, flood control, and public facilities. It allows districts to assess lands within the district and levy service and user fees, with remedies for nonpayment and options for reassessment. It authorizes revenue and temporary revenue bonds to fund improvements, with security provisions and potential guarantees from public entities. It also updates district governance and formation rules, including board appointments, terms, the ability to hire a district manager, and provisions for retroactive validation of districts formed under the Act.

Who It Affects

• Landowners within an improvement district who may be assessed for costs of improvements and charged service or user fees, with remedies (including foreclosure) if payments are not made, and who have rights to notice and hearings about assessments.
• County or municipal governments (appointing governments) and the improvement districts themselves (boards and managers) who gain expanded powers to form, govern, fund, and operate districts, issue bonds, manage finances, and oversee improvements (including potential eminent-domain authority with consent).

Key Provisions

• Expands the list of permissible improvements districts may acquire and finance, including water/sewer systems, streets, utilities, parks, flood control, fire and police facilities, mass transit, libraries, and other public improvements.
• Public notice and hearing rules are updated to allow hearings to occur during regularly scheduled meetings without separate public notice, while other hearings continue to follow notice requirements.
• Authorizes districts to appoint a district manager and to set board terms, while allowing board structure to include a chair, secretary, treasurer, and other officers, with mandatory records of proceedings.
• Allows assessment of lands within the district and the levy of service and user fees, with procedures for notices, hearings, and the ability to reassess or amend assessments as needed.
• Permits districts to issue revenue bonds and temporary revenue bonds, establish security for those bonds, and use bonds to fund improvements; includes debt-related covenants and enforcement remedies for bondholders.
• Provides for formation procedures (petitions from landowners, contiguity requirements, articles of incorporation, and approval steps), and allows for zoning/subdivision approvals and other required consents from appointing governments.
• Includes provisions for budgeting, auditing, and management of district funds, along with authority to contract, insure, and hire staff; requires records to be kept and made available for inspection.
• Affirms both prospective and retroactive operation of the amendments, and adds Section 11-99A-52 validating existing districts formed under the Act; repeals sections 11-99A-17 and 11-99A-30.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Improvement Districts