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HB119 ENROLLED
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HB119
3PHW5ZV-2
By Representative Brown (N & P)
RFD: Mobile County Legislation
First Read: 13-Jan-26
PFD: 06-Jan-26
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PFD: 06-Jan-26
Enrolled, An Act,
Relating to Mobile County; to amend Section
45-49-140.10, Code of Alabama 1975, to further provide for the
collection of fire service fees to maintain firefighting
districts by providing a definition for "residence"; and to
make other, nonsubstantive changes to update the code language
to existing style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-49-140.10, Code of Alabama 1975,
is amended to read as follows:
"§45-49-140.10
(a) The expense of establishing and maintaining a
district shall be paid for by the proceeds of a service charge
whichthat shall be levied and collected in an amount
sufficient to pay the expense. The service charge shall be
levied upon and collected from persons and properties served
by the system. SuchThe charge shall be a personal obligation
of the owner of the property served by the system, and to
secure the collection of the charge there shall be a lien
against the property in favor of the district , which lien
which shall be enforceable by sale thereof in the same manner
in which the foreclosure of a municipal assessment for public
improvements is authorized.
(b) A property owner who owns a structure, used solely
as a residence, which at the time of its original construction
was situated located on a county line, may avoid the payment of
a service charge which is based upon the presence of such
structure, if all of the following requirements are met :
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structure, if all of the following requirements are met :
(1) Between January 1, 1990 , and December 28, 1990,
suchthe structure was not assessed for taxes in Mobile County.
(2) Between January 1, 1990 , and December 28, 1990, any
homestead exemption was not claimed for suchthe structure in
reduction of taxes assessed in Mobile County.
(3) The property owner furnishes proof to the district,
of an agreement between suchthe property owner and another
district or municipality located in the county within whose
boundaries the remaining portion of the structure is located,
to provide fire fighting firefighting and emergency medical
services to such property owner's the property so long as the
structure is existent while the structure stands .
(4) The property owner furnishes to the district all of
the following:
a. An irrevocable waiver of liability absolving the
district from any and all liability for failure to respond to
calls for fire fighting firefighting or emergency medical
services to any portion of suchthe owner's property contiguous
to the aforesaid structure.
b. An agreement that any service charges imposed with
respect to future construction on the property shall
constitute a lien upon the entire property located within the
district, including the property upon which the residence is
situated located .
(c) Subsection (b) may be applied retroactively in
respect of unpaid service charges if : (1)(i) in the opinion of
the board of trustees the waiving of previously imposed
service charges will have no significant impact on the
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service charges will have no significant impact on the
financial viability of the district; and (2)(ii) the district
has long term debt outstanding, the aggregate amount of which
is such that retroactive waiver for all properties covered by
subsection (b) is no more than one-tenth of one percent of the
amount of suchthe long term long-term debt then outstanding .
(d) In any district established under this subpart that
levies and collects a service fee on a residence, the fee
shall be collected from the owner of each of the following:
(1) A structure or improvement assessed for purposes of
ad valorem taxation as Class III single-family, owner-occupied
residential property.
(2) A unit in a duplex, multiplex, or condominium
building.
(3) An apartment building.
(4) A house trailer as defined in Section 32-1-1.1 or a
manufactured home as defined in Section 32-20-2.
(5) A lot in a residential park or development divided
into lots for the use of motor homes or recreational vehicles
to be occupied as dwellings on a seasonal, semipermanent, or
permanent basis ."
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 22-Jan-26.
John Treadwell
Clerk
Senate 10-Feb-26 Passed
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