HB181 Alabama 2011 Session

Summary

Primary Sponsor

Demetrius C. Newton

Democrat

Co-Sponsors

Darrio MeltonJim PattersonJohn MerrillMike BallMac McCutcheonMike HillJeremy OdenJohnny Mack MorrowPatricia ToddJohn RobinsonDexter Grimsley

Session

Regular Session 2011

Title

Counties, optional home rule powers regarding public safety and health, and land regulation and use, const. amend.

Summary

HB181 would allow certain counties to adopt limited optional home rule over public safety/health services and land use in unincorporated areas, subject to voter approval.

What This Bill Does

It would let counties authorize optional supplemental powers in two sets: Set 1 for public health and safety services in unincorporated areas, and Set 2 for land use regulation and zoning in unincorporated areas. A county could only exercise these powers after a referendum approved by a majority of county voters, with powers taking effect on October 1 after the election; counties could add or repeal sets later using the same referendum process. Set 2 includes safeguards such as needing a general zoning law from the Legislature (and a 2014 deadline), area-specific referendums to start zoning, and planning commissions made up of unincorporated-area residents. If a set is repealed, the county reverts to its prior powers, and existing contracts are protected.

Who It Affects

• County governments: gain authority to implement Set 1 and/or Set 2 powers if approved by voters.
• Qualified electors in each county: vote in referendums to authorize these powers.
• Residents of unincorporated areas: subject to county-provided public safety/health services and any county zoning/land use regulations.
• Landowners and developers in unincorporated areas: potentially affected by new or modified land use and zoning rules.

Key Provisions

• Establishes optional supplemental county governmental powers in two sets via constitutional amendment, subject to referendum.
• Set 1 powers allow public health and safety services in unincorporated areas, with necessary resolutions and ordinances to carry out these functions.
• Set 2 powers allow land use regulation and zoning in unincorporated areas, to be exercised under Legislature's general laws; includes conditions if those laws are not enacted.
• Referendum requirements: authorization can be approved by a majority of county electors voting; referendum may be held only with a general election and requires either county governing body approval or a petition with at least 20% of qualified electors.
• Effectiveness: approved powers take effect on October 1 following the referendum; counties may later add or repeal sets of powers using the same process.
• Set 2 safeguards: if the Legislature does not pass a general zoning law by October 1, 2014, counties must follow applicable state laws for municipalities; zoning in any area requires a separate area-specific referendum with majority local support.
• Planning commissions for Set 2 must be composed of residents of the unincorporated area; no mandatory local body composition from incorporated areas.
• Repeal of a authorized set reverts the county to its previous powers, and existing contracts entered under the authorized powers are protected.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments