HB206

ENROLLED, An Act,

Relating to Mobile County; to authorize the Mobile County Commission to create a North Mobile County Volunteer Fire Department Board to review and evaluate the delivery of volunteer fire services to property owners within the unincorporated area in Mobile County Commission District 1 and any incorporated area in the district served by a volunteer fire department; to authorize the Mobile County Commission to assess and implement a fire protection and suppression plan and service fee on certain owners of dwellings and commercial buildings in Mobile County Commission District 1; to provide for certain exemptions and collection of the service fee; and to provide for the distribution of funds derived from the service fee.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall only apply to Mobile County.

Section 2. For the purposes of this act, the following words shall have the following meanings:

(1) COMMERCIAL BUILDING. 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 does not include a 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.

(2) DWELLING. 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, any of the following:

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

b. A duplex or an apartment building.

c. Residential property used to generate rental income.

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

(3) VOLUNTEER FIRE DEPARTMENT. An organized group of area residents who meet the requirements of Section 9-3-17, Code of Alabama 1975.

Section 3. (a) The Mobile County Commission may create a North Mobile County Volunteer Fire Department Board, hereinafter referred to as the "board."

(b) The jurisdiction of the board pursuant to this act shall be all unincorporated area in Mobile County Commission District 1 and any incorporated area in the district served by a volunteer fire department.

(c) The board shall be composed of five members who are qualified electors in the unincorporated area in Mobile County Commission District 1 or any incorporated area in the district served by a volunteer fire department and property owners subject to the service fee provided in this act. All members shall serve without compensation, and no member shall be a county officer or employee.

(d) The Mobile County Commission shall appoint the members of the board as follows: Three members shall be members of a volunteer fire department; one member shall be a representative or employee of a public water supplier; and one member shall be a member of the general public. The members of the board shall elect a chair for conducting business. Meetings of the board shall be held on call of the chair and at other times as the board may determine.

Section 4. The board shall review and evaluate the delivery of volunteer fire services to owners of dwellings and commercial buildings within the unincorporated area in Mobile County Commission District 1 and any incorporated area in the district served by a volunteer fire department. The board shall study and evaluate fire suppression, emergency communication and dispatch, water supply and facilities, and the adequacy of fire protection within the district. The board shall also review and collect data regarding a reasonable service fee for funding fire protection, suppression, and emergency dispatch. The board shall report its findings to the Mobile County Commission no later than August 1, 2015. Thereafter, the board shall continue to serve in an advisory capacity as long as needed by the Mobile County Commission.

Section 5. Upon receiving the report from the board, the Mobile County Commission shall adopt all rules necessary to provide for and facilitate the adequacy of fire protection services in Mobile County Commission District 1. The county commission may impose a service fee not to exceed fifty dollars ($50), on the owner or owners of any dwelling or commercial building in any unincorporated area in Mobile County Commission District 1 or any incorporated area in the district served by a volunteer fire department.

Section 6. The fire protection and suppression service fee shall be effective October 1, 2015, and shall be billed and collected annually by the Mobile County Revenue Commissioner at the same time and in the same manner as the ad valorem tax bill of the state. In the event a service fee payable to a volunteer fire department district is assessed and paid on the property where the dwelling or commercial building is located, a credit against the service fee shall be given the owner for any amount assessed for a volunteer fire department district. No service fee shall be levied or collected on any commercial building on a governmental dedicated industrial park or on any commercial building owned by or on property where the business provides its own established fire protection department. The Mobile County Commission and the board shall provide to the Mobile County Revenue Commissioner the appropriate information for the billing and collection of the service fee.

Section 7. The proceeds of the service fee levied shall be paid into the Mobile County General Fund. The Mobile County Commission may retain two percent of the funds to cover the cost of administration of the program and also an additional two percent shall be held by the county commission in a segregated account for future unexpected expenses of the volunteer fire departments covered under this act.

Section 8. The remaining proceeds from this act shall be distributed among the volunteer fire departments serving residents in Mobile County Commission District 1 and which have written contracts with the Mobile County Commission. The funds may only be expended for fire protection, emergency medical services, training, supplies and equipment, and to purchase insurance including liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by a fire department and the personnel of a volunteer fire department. The funds may not be expended for food, drink, social activities, fund-raising activities, or salaries for the volunteer fire department. After receiving the funds, the fire departments shall keep accurate records to verify that the funds were properly expended.

Section 9. If the Mobile County Commission finds or determines that funds provided by this act have been improperly expended by an eligible fire volunteer department, the department shall return all funds improperly expended and in addition thereto shall pay a penalty equal to 10 percent of all improperly expended funds. At the discretion of the Mobile County Commission, any volunteer fire department that fails to comply with this act may be deemed to have forfeited its right to receive any funds generated by this act.

Section 10. If the Mobile County Commission finds or determines that the funds provided by this act, after the deductions for administrative costs and investment, exceed the financial needs of the eligible volunteer fire departments, the Mobile County Commission may invest any excess funds for future expenses or use those funds for other fire suppression or protection service programs located within Mobile County Commission District 1.

Section 11. Any service fee levied pursuant to this act shall not be construed as a tax on property. The service fee shall be levied for the purpose of funding fire protection and suppression under this act.

Section 12. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Mobile County

Volunteer Fire Departments

County Commissions

Counties

Fire Protection

Property, Real and Personal