HB4 Alabama 2015 1st Special Session

Summary

Primary Sponsor

Berry ForteRepresentative

Democrat

Session

First Special Session 2015

Title

Russell Co. volunteer fire departments, fire protection service fees authorized for certain property outside corp. limits of City of Phenix City, exemptions, collection, purposes, uses, distribution of funds provided for, referendum

Summary

HB4 would create a local fire protection service fee outside Phenix City in Russell County to fund volunteer fire departments and emergency medical services, with exemptions and a referendum requirement.

What This Bill Does

The bill imposes an annual fee of $50 for each residence and $100 for each commercial building outside Phenix City to fund fire and EMS services. Revenue goes to a special county fund, then to the Russell County Fire Fighters Association, which distributes it to eligible volunteer fire departments using a fixed 32.5% and a district-based 67.5% formula; funds must be used only for fire/EMS activities and related costs. The act also sets ISO rating improvement goals, oversight by the county, penalties for improper use, and rules for dissolution and elections.

Who It Affects

• Residential property owners outside the City of Phenix City limits would pay a $50 annual fee per residence (subject to exemptions).
• Commercial property owners outside Phenix City limits would pay a $100 annual fee per location (subject to exemptions).
• Senior citizens (65+) and other property tax-exempt individuals would be exempt from the fee, and low-income residents under 65 (AGI $12,000 or less) may qualify for a principal-residence exemption after annual proof of income.
• Eligible volunteer fire departments in Russell County (nonprofit, certified, and part of the Russell County Firefighters Association) would receive funds to provide fire protection and EMS, must maintain ISO ratings, and must keep records of expenditures; a portion of funds may be used for insurance and related protections but not for food or fundraising.
• The Russell County Fire Fighters Association would receive funds and distribute them to eligible departments according to the specified distribution rules (32.5% equally, 67.5% by district-based need); the county commission oversees administration and enforcement.
• The Russell County Commission would regulate, collect, and oversee the fee program, with liability protections for participating departments and authorities, and would handle issues related to misexpended funds and dissolution.
• Voters in Russell County would decide the measure in a referendum; Phenix City residents would not vote in the county-wide referendum, and the act would take effect only if approved.

Key Provisions

• Section 5 sets the fee amounts: $50 per year for each residence outside Phenix City and $100 per year for each commercial building outside Phenix City.
• Section 5 provides exemptions: 65+ seniors and certain low-income residents may be exempt; exemptions require proof of income or tax status and must be requested annually.
• Section 6 describes collection and distribution: fees are collected like ad valorem taxes; proceeds go to a special county fund, then to the Russell County Fire Fighters Association, which distributes 32.5% equally among eligible departments and 67.5% based on the number of eligible residences/commercial buildings in each district outside Phenix City.
• Section 7 limits use of funds to fire protection and EMS services (including training, supplies, equipment) and permissible insurance; funds cannot be used for food, social events, or fundraising; departments must maintain records and the county can adopt regulations, including adjusting the fee.
• Section 7 includes penalties for improper expenditure and requires reimbursement plus a 10% penalty, with funds returned to the association for redistribution.
• Section 8 outlines dissolution/abandonment: remaining funds/assets go to the county, and if a department is dissolved, funds are divided among remaining eligible departments.
• Section 9 provides liability protections: volunteers and associations are not county employees or liable for actions of their personnel absent their own negligence or misconduct.
• Section 10 requires a referendum for enactment; specifies ballot language and that the act becomes law if the majority votes yes.
• Section 11 establishes the act’s effective date as immediately after governor approval or when it becomes law.

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

Subjects

Russell County