State Rep. Brock Colvin (R-Albertville) recently introduced a bill amending Marshall County's local volunteer fire district act, which was the subject of a lawsuit that reached the Alabama Supreme Court in 2024.
Colvin's bill, House Bill 321, would expand the act by addressing the annexation of new areas into existing fire districts and the application and enforcement of fire service fees.
Currently, the act, passed by public vote in 2013, imposes a $5 monthly fee on dwellings within the five established fire districts. The proposed amendment would broaden the definition of dwelling to include "a building, structure, or other improvement used or regularly used by an individual for sleeping, living, or lodging," such as recreational vehicles, mobile homes and tiny homes. It would also apply to business entities and structures, including a "standalone structure or designated space within a larger structure," such as a "portable structure, trailer, food truck, or other vehicle."
Failure to pay the monthly fire service fee will result in an additional $25 delinquent fee plus an "equitable lien against the property" should the fee go unpaid.
"This [bill] just clears up the definitions on where the fee is supposed to be applied. It's not on, like farm land. It's not barns. It's just simply dwellings," Colvin told 1819 News. "I think what the issue has been, people have tiny homes or mobile homes on their property, and the Revenue Office hasn't been applying the fee to those even though people live in them. So we're basically cleaning all that up. Just clarifying what a dwelling is, where the feed will be assessed on these existing already."
The bill charges the Marshall County revenue commissioner with collecting fees and enforcing penalties. However, Michael Johnson, the current revenue commissioner, said he was not consulted on the new bill and that it will likely be unenforceable. He also said that, given the scope of the changes, the issue should be put to another public vote.
Johnson successfully argued to the State Supreme Court that the fire fee was unenforceable as written in the act and that he had no authority to place a lien on delinquent properties since the fee, "by definition, is not a tax." He also argued against expanding the definition of a dwelling based on the act's wording. The Court ruled in Johnson's favor, overturning a lower court's decision that sided with the plaintiffs, Four-C Volunteer Fire Department and Georgia Mountain Volunteer Fire Department.
SEE: State Supreme Court reverses lower court decision on assessing fire service fees in Marshall County
Colvin said his bill would essentially rework the act, adding and clarifying language to reflect its "original intent," and align with the fire departments' interpretation as argued in court.
Johnson said the bill was a "massive rewrite" of the act and was tantamount to a "bait-and-switch."
"First was the attempt to get me to expand it, and I wouldn't. So then it was the court; the courts wouldn't expand it. So now the legislature's going to expand it," Johnson told 1819 News. "This is just not what people approved. It is a great, tremendous expansion of the things themselves. It's easy to focus on how much is this now going to cost everybody? What's it going to cost the county to administer? And those are absolutely valid questions, but as a citizen, as someone who has sworn an oath to defend the Constitution, I'm bewildered at how you can convince people to vote to burden themselves under a particular law and then retroactively, greatly expand it."
Johnson said if the bill passes in its current form, it could jeopardize the fire districts and fees entirely.
"It is such a tremendous leap that I just don't see how this is not going to have to be revoted on. And ultimately, my concern is that I'm afraid that jeopardizes the fire fee, fire districts, because they do need it."
During a Marshall County Commission meeting on January 28, a resident and candidate for Commission District 1, Larry Bodine, addressed the Commission about the bill, making the same argument: that people unhappy with the additional fees could force a vote to undo the act.
"It could cause people to get a petition up and do away with fire districts," Bodine said. "That's what's going to happen if you start taxing vehicles on this. I'll probably be one to sign it because it's not right what they're trying to do."
Commissioner chairman John Young said the Commission took no part in drafting the bill and encouraged Bodine and other concerned citizens to contact their legislative delegation.
Colvin told 1819 News that much work remains on the bill and that it is likely to change throughout the legislative process, during which many of Johnson's and Bodine's concerns could be addressed.
"We got some possible amendments coming," Colvin said. "Now, if it gets too broad… [w] e'll have to re-advertise, you know, and try again. We're looking at that, just clearing up some definitions. We're trying to make sure not everybody's hit for a fee for every chicken house or barn. That was never the intent. We got to clean it up a little more, review the lien language, and see kind of what that is. I haven't even got it signed out of committee yet… Our delegation is still not quite done discussing that one yet."
Editor's note: The headline was changed to reflect State Rep. Colvin's intent to "clarify" language in the bill.
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