SB142 Alabama 2020 Session

Summary

Primary Sponsor

Chris ElliottSenator

Republican

Session

Regular Session 2020

Title

Police jurisdictions, No Taxation Without Representation Act, referenda to abolish extraterritorial jurisdiction of municipalities

Summary

SB 142 would end municipalities' police and planning authority beyond their city limits, require countywide referenda to decide whether to keep or reinstate such powers, and tighten how police-jurisdiction revenues are audited and spent.

What This Bill Does

It eliminates municipal authority outside corporate limits after January 1, 2023, with limited exceptions for rights-of-way or certain uninhabited islands. It requires a referendum in each county (to be held in November 2020) to decide whether extraterritorial authority should continue, and sets process rules for how ballots and results are handled; if the majority votes no, extraterritorial authority ends, and if yes, municipalities may exercise police jurisdiction beyond limits as allowed by law. It also tightens reporting by requiring audits of police-jurisdiction taxes/fees to ensure funds are spent directly in the police jurisdiction, with penalties for noncompliance and a delay before collection is allowed again. The act does not affect existing contracts or mutual aid agreements and takes effect immediately upon governor approval.

Who It Affects

• Municipal governments: lose authority to police and plan beyond city limits after the effective date, with limited exceptions for certain rights-of-way and nearby islands.
• Counties and judges of probate: must conduct and publicly announce countywide referenda to decide whether extraterritorial authority should continue, and manage the ballot process.
• Residents/taxpayers within counties: will vote on whether municipalities can keep extraterritorial powers and will be affected by how police-jurisdiction revenues must be spent.
• Public safety and planning agencies (within municipalities): planning commissions would be limited to corporate limits, and police powers outside those limits could change based on referendum results; existing mutual aid agreements are preserved.

Key Provisions

• Section 2: After January 1, 2023, a municipality may not exercise authority outside its corporate limits.
• Section 3: Requires a November 2020 general election referendum in each county to decide whether municipalities shall continue extraterritorial authority; mandates public notice by the county judge of probate and specifies ballot language and voting rules.
• Section 3: If the majority votes 'No', municipalities cannot exercise authority beyond corporate limits after Jan 1, 2023, except for limited rights-of-way and one uninhabited island across a waterway; if the majority votes 'Yes', municipalities may exercise police jurisdiction beyond corporate limits as provided by specified statutes and general/local law.
• Section 4: Immediately after the act's effective date, taxes/fees in the police jurisdiction must be audited to ensure expenditures stay within the police jurisdiction; audits must be shared with the Department of Examiners of Public Accounts, and noncompliance allows 12 months to correct or collection may be halted until compliance is shown.
• Section 5: The act does not affect existing public/private contracts or mutual aid agreements in place on the effective date.
• Section 6: The act becomes effective immediately upon governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Police Jurisdiction