SB337

By Senator McClendon

ENROLLED, An Act,

Relating to St. Clair County; to authorize the establishment of the Davis Lake Volunteer Fire Department as a fire district for the purpose of preventing fires and for fire protection; providing for the manner in which the district may be created for any area; providing for the petition for a proposed district and the election thereon; providing for payment of the costs of elections; providing that no district shall be created unless the creation thereof has been approved by the majority of votes cast at an election; providing that if the creation of the proposed district is approved by the majority of votes cast at an election, the proposed district shall be created and shall constitute a public corporation; providing for the management and operation of the district; providing for the election of a fire district board, except the initial board made up of the existing board of the directors of the volunteer fire department; providing for the duties of the members of the board; defining the rights, power, and authority of the district; authorizing any district to pledge all or any part of its revenues, or to 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; authorizing any such district to levy and collect a service charge or fee subject to this act; and providing for the dissolution of any district.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only in St. Clair County.

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.

Section 3. The Davis Lake Volunteer Fire Department may be established as a district for fighting fires pursuant to this act.

Section 4. (a) Upon any petition being filed in the office of the judge of probate, he or she shall order an election to be held in the proposed district on the question or questions on which the petition requests an election. The petition shall be signed by at least 50 qualified electors residing within the boundaries of the proposed district.

(b) The petition shall state the name of the proposed district. The board of a district may change the name of a district by filing in the office of the judge of probate a copy of the resolution changing the name thereof, which copy shall be certified by the president of the board.

(c) The petition for election on the establishment of a district may be accompanied by a petition for an election on the question of levying a proposed service charge or fee which last named petition shall be signed by at least 50 qualified electors residing within the proposed district. A petition for an election on the establishment of a district shall be deemed to be accompanied by a petition for an election on the question of levying a proposed service charge or fee and a petition for an election on the question of the proposed composition of the board, if the request for the election on the proposed district, the request for the election proposed service charge or fee, and the request for an election on the proposed composition of the board are combined in a single petition.

Section 5. (a) When a petition for the holding of any election is filed with the judge of probate not less than 30 days and not more than 90 days prior to some other election to be held in the territory in which an election is sought by the petition, the judge of probate shall order the election sought by the petition to be held the same day as the other election is held.

(b) If the petition is not filed at a time that will permit the election sought thereby to be held at the time some other election is held, as herein provided, the judge of probate shall order the election sought by the petition to be held on a day not less than 30 days nor more than 60 days from the date on which the judge of probate enters the order with the costs assumed by the district requesting the special election.

(c) The provisions of this section shall apply to all elections provided for by this act.

Section 6. The provisions of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at a general election shall apply to any election for a fire district.

Section 7. The judge of probate shall give notice of any election held under this act by publishing for three weeks at least once a week, on the same day of each week, in a newspaper of general circulation in the territory where the election is to be held, a notice that on the day fixed for the election the questions to be voted on shall be submitted to the electors of the territory.

Section 8. Where an election is held on the question of the establishment of a district in conjunction with another election, the governing body of the county shall pay for the necessary expenses of advertising and conducting the election out of the general funds of the county. The district shall pay the expense of any special election held on behalf of the district.

Section 9. No district shall be created unless the creation thereof is approved by the majority of votes cast at the election at which the proposed creation is submitted. Only residents of the district who are qualified electors may vote in an election. Upon the officers canvassing the returns of the election certifying that the creation of the district was approved by the majority of the votes cast at the election, the proposed district shall be created and shall constitute a public corporation.

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 members 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 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.

(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 terminate the assessment and collection of service charges and fees upon the withdrawal of a property owner from the district as provided herein.

(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 fee which shall be levied and collected in an amount not to exceed one hundred fifty dollars ($150) 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.

(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.

(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.

(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.

(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.

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 shall be filed with the St. Clair County Commission.

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.

(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 16. All laws or parts of laws which conflict with this act are repealed.

Section 17. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

St. Clair County

Counties

Fire Protection Districts

Volunteer Fire Departments