SB142 Alabama 2020 Session

Summary

Primary Sponsor

Chris Elliott Senator

Republican

Session

Regular Session 2020

Title

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

Description

Under existing law, the police jurisdiction in municipalities having 6,000 or more inhabitants covers all adjoining territory within three miles of the corporate limits, and the police jurisdiction in smaller municipalities extends to all adjoining territory within one and one half miles of the corporate limits.

Also under existing law, any municipality which has a three mile police jurisdiction may reduce its police jurisdiction to a mile and a half by ordinance of the municipality, but may not completely eliminate its police jurisdiction.

Also under existing law, a municipality may enforce police and sanitary regulations within the areas of the police jurisdiction beyond the corporate limits, as well as certain zoning regulations and subdivision planning requirements.

The planning jurisdiction of a municipality, including the approval of subdivisions, extends for five miles beyond the corporate limits.

Also under existing law, a municipality may fix and collect licenses for businesses within the police jurisdiction, as well as levy sales and use taxes within the police jurisdiction. A municipality is required to prepare an annual report which includes an accounting of all revenues collected in the police jurisdiction and a list of all services provided by the municipality within the police jurisdiction, to demonstrate to the Department of Examiners of Public Accounts that the revenues received by the municipality from the police jurisdiction are being expended within that same area.

This bill would eliminate municipal authority beyond the corporate limits of each municipality, and would provide a method for each judge of probate to call for a referendum to decide whether to reinstate police jurisdictions within that county as they currently operate. This bill would also limit the jurisdiction of a municipal planning commission to the corporate limits of a municipality.

This bill would also clarify and supplement the reporting requirements of municipalities as they relate to revenues derived from police jurisdictions.

This bill would specify that the bill would not affect any existing public or private contracts or mutual aid agreements between certain public agencies.

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Subjects

Police Jurisdiction