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BIRMINGHAM, Alabama — State Rep. Owen Drake, R-Leeds, died this morning following a battle with cancer.

State Rep. Allen Treadway, R-Morris, said he was with Drake and the family when the lawmaker died at 2:58 a.m.

Drake missed much of the 2011 regular session of the Legislature while undergoing cancer treatment.

He returned in the final days of the session and received a standing ovation.

Drake most recently sponsored House Bill 142, which would have prohibited any county from enacting a sewer fee on nonusers. The bill was meant to prevent Jefferson County residents not on the sewer system from being charged fees to help pay off the county’s $3.2 billion sewer debt.

That bill passed in the House, but did not pass in the Senate.

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