SB193 Alabama 2020 Session

Relating to St. Clair County; to amend Act 2017-265 of the 2017 Regular Session authorizing the establishment of the Davis Lake Volunteer Fire Department as a fire district for fire protection purposes; providing further for the levy and collection of fire protection service fees and for the operation of the district.

Section 1

Sections 2, 10, 11, 12, 13, 14, and 15 of Act 2017-265 of the 2017 Regular Session are amended to read as follows:

Section 2. The following words and terms shall have the following meanings:

(1) BOARD. The board of directors of a district established pursuant to this act.

(2) COUNTY. St. Clair County.

(3) DISTRICT. The district created under this act for establishing and maintaining a system for fighting or preventing fires and performing recognized scopes of practice of emergency services.

(4) FIRE PROTECTION SERVICE CHARGE or FEE. The annual fee to be paid by an owner of a structure not to exceed seventy-five dollars ($75) for a residence or commercial building. This fee does not include any late fees or penalties for late payment which may be assessed by the revenue commissioner of the county and exclusively used for the operation of the office of the revenue commissioner.

Section 10. (a) The affairs and business of each district shall be managed by a board of directors established as provided in the bylaws of the district. The initial board shall consist of seven members from the existing board of directors of the volunteer fire department serving the district.

(b) A vacancy on the board shall be filled at the next annual meeting for the unexpired term in the same manner as herein required. The board may appoint a qualified elector from the district in which the vacancy occurs who will serve until the next annual meeting.

(c) The board shall elect annually from its own number a president, secretary, and a treasurer. The board shall disseminate information concerning election of officers and board members to residents and businesses of the district. The board shall use newsletters, social media, and any other reasonable and effective means to inform the public. Notice of a meeting of the board shall be posted on an Internet website maintained by the district not less than 30 days prior to the meeting. Minutes of the board meeting shall be posted on the website within 30 days after the meeting. The members of the board shall not be entitled to any compensation for their services, but they shall be entitled to reimbursement for all expenses incurred by them in the performance of their duties.

Section 11. (a) The district shall constitute a public corporation, which shall have the power to do any and all acts or things necessary and convenient for carrying out the purposes for which it is created including, but not limited to, all of the following:

(1) To sue or be sued.

(2) To have a seal and alter the same at pleasure.

(3) To acquire, hold, and dispose of property, real and personal, tangible and intangible, or interests therein and to pay therefor in cash or credit, and to secure and procure payment of all or any part of the purchase price thereof on such terms and conditions as the board shall determine.

(4) To acquire, own, operate, maintain, and improve a system or systems.

(5) To pledge all or any part of its revenues, mortgage, or otherwise encumber, all or any part of its property for the purpose of securing the payment of the principal of and interest on any of its obligations.

(6) To sell, lease, mortgage, or otherwise encumber or dispose of all or any part of its property, as hereinafter provided.

(7) To contract debts, borrow money, and to issue or assume the payment of obligations.

(8) To levy and collect service charges or fees, as herein provided, subject to the limitations prescribed in this act. The fees shall not include any late fees assessed by the board.

(9) To provide refunds of overpaid service charges and fees previously collected by the district and to otherwise correct errors made in assessment or collection of service charges and fees.

(10) To immediately and automatically terminate the assessment and collection of service charges and fees upon the withdrawal of a property owner from the district as provided herein and to inform the revenue commissioner and property owner in writing that the termination has occurred.

(11) To employ agents, servants, and attorneys.

(12) To enter into mutual assistance agreements and response and coverage agreements with municipalities and other governmental and public entities.

(13) To perform any and all of the foregoing acts and to do any and all foregoing things under, through, or by means of its own officers, agents, and employees, or by contracts with any person, federal agency, or municipality.

(b) This act shall constitute the articles of incorporation of the public corporation; however, the board shall adopt bylaws for the governance of the district.

Section 12. (a) Upon approval at an election as provided in this act, the expenses of establishing and maintaining a district shall be paid for by the proceeds of a fire protection service fee which shall be levied and collected in an amount not to exceed one hundred fifty dollars ($150) seventy-five dollars ($75) on each residence and commercial building in the district. The fee shall be levied at a uniform flat rate upon each residence. The fee shall be collected at the same time and in the same manner as are the ad valorem taxes of the state. Any fee that is unpaid shall constitute a lien on property. Any exemption granted by the revenue commissioner shall be consistent with the exemptions from ad valorem tax.

(b) The board may provide that upon a person being in default for more than 60 days in paying any service charge or fee due, the person shall be liable to pay, in addition to the service charge or fee, a reasonable late fee and any reasonable attorney's fees incurred by the district in its efforts to enforce payment of the service charge or fee whether suit is filed or not. A reasonable late fee may be assessed by the Revenue Commissioner of St. Clair County for the payment of the fire protection service fee which shall be consistent with other late fees or penalties assessed for late ad valorem taxes.

(c) For the purposes of this act, a "residence" shall be defined as any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including, but not limited to:

(1) Any building, structure, or improvement assessed, for the purposes of state and county ad valorem taxation, as Class III single-family owner-occupied residential property.

(2) A duplex or an apartment building.

(3) Residential property used to generate rental income.

(4) Any manufactured home or house trailer used or expected to be used as a dwelling or residence for one or more human beings.

(d) A building, structure, or other improvement shall be classified as a "dwelling" for purposes of this act notwithstanding the following:

(1) That it is wholly or partially vacant or uninhabited at any time during the year for which a fire protection and emergency medical service fee with respect thereto is to be levied.

(2) That it is also used or expected to be used simultaneously for a purpose, whether or not commercial in nature, other than as a dwelling or residence.

(e) For the purposes of this act, a "commercial building" shall be defined as any building, structure, or other improvement to real property used or expected to be used for commercial or business purposes including rental property. The term "commercial building" shall not apply to any school, church, senior citizens facility, or utility distribution or transmission poles or towers, utility substations, or any building used primarily for fire or emergency services, and shall not apply to any building or structure used primarily for agricultural production purposes by the owner or an employee of an agricultural business or concern.

Section 13. (a) No service charge or fee shall be levied unless the same has first been approved by the majority of the votes cast at an election held hereunder by the qualified electors residing within the district, or within the proposed district. No additional fee shall be assessed in addition to seventy-five dollars ($75) per residence or commercial building. Any property owner may withdraw from the district if the property owner has fire protection services from another district or from a municipality as a result of annexation into the municipality. If a property owner in the district requests to withdraw from the district and the withdrawal is not effectuated by the district, the property owner may appeal the withdrawal to a board of review composed of the local legislative delegation. Upon a majority vote of the board of review, a letter confirming the withdrawal shall be forwarded to the 911 agency and the revenue commissioner approving withdrawal from the district, which removal shall be effective immediately. No service charge or fee may be levied upon the withdrawal of a property owner from the district. No service charge or fee may be levied upon a property owner if he or she contracts with a different fire department.

(b) An election on the question levying a service charge or fee in a proposed district may be held at the same time that the election is held on the creation of the district; provided that the petition for the election on the question of the service charge or fee accompanies the petition for the election on the establishment of the proposed district as provided herein. An election on the question of a service charge or fee may be held upon the board of the district submitting to the judge of probate a petition for an election as provided. The board shall file in the office of the judge of probate a petition that he or she call an election in the district on the question of whether the service charge or fee proposed should be levied. No election shall be required to refund overpaid service charges or fees to correct errors in the assessment thereof or to terminate the assessment and collection thereof upon withdrawal of a property owner from a district as provided herein, all of which shall be effectuated by written authorization of the president of the board automatically and immediately upon the effective date of the written withdrawal. In addition, any property annexed into a municipality shall be automatically and immediately withdrawn from the district and the property owner shall not be liable for any additional fees or costs.

(c) The petition shall state specially the charge or fee for which it is proposed to be levied. The petition may request that an election be held on more than one proposed charge or fee. Upon the petition being filed with the probate judge, he or she shall order an election to be held within the time provided for by this act. After the effective date of the act adding this language, the fire protection service charge or fee on each residence or commercial building shall be reduced to seventy-five dollars ($75) per year.

Section 14. (a) Funds from any service charge or fee paid to the district shall only be expended for fire protection services, including training, supplies, and equipment.

(b) In addition to subsection (a), funds may be expended to purchase insurance, including liability insurance, to insure coverage of acts or omissions which are directly related to the functions of the district.

(c) The funds may not be expended for food, social activities, or fund-raising activities.

(d) After receiving the funds, the eligible district shall keep accurate records to verify that the funds were properly expended. The records of the district concerning the receipt and expenditure of funds shall be audited annually and a copy of the audit and bylaws of the district shall be filed with the St. Clair County Commission and copies shall be readily available at no charge to the public. A copy of the audit shall be posted on the website of the district within 30 days after completion of the audit.

Section 15. (a) The district created hereunder may be abolished in the manner provided for by this section; provided, however, that no district shall be abolished when it has any indebtedness. All assets and equipment shall go to the St. Clair County Volunteer Firefighters Association to be distributed to any fire department or departments that provide services to the area previously served by the defunct department.

(b) Upon the petition for abolition of a district, conforming to the requirements set forth below, being filed with the judge of probate, he or she shall order an election on abolition of the district within the time provided, at which the qualified electors residing within the district shall be entitled to vote. The petition shall be signed by at least 50 qualified electors of the district. It shall contain a recital that the district is not indebted and it shall request the judge of probate to order an election on whether the district shall be abolished. Upon the officers canvassing the returns of the election certifying that abolition of the district was approved by a majority of the votes cast at the election, the district shall be abolished."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.