1 SB107
2 212997-2
3 By Senator Elliott
4 RFD: Governmental Affairs
5 First Read: 02-FEB-21
6 PFD: 01/28/2021
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1 SB107
2
3
4 ENROLLED, An Act,
5 Relating to municipalities; to amend Section
6 11-40-10, Code of Alabama 1975, to limit the police
7 jurisdiction of a municipality to the territory of the police
8 jurisdiction of the municipality on the effective date of this
9 act; to provide for the reduction or elimination by a
10 municipality of its police jurisdiction; to limit municipal
11 authority for the enforcement of certain ordinances in the
12 police jurisdiction; to further provide for and limit the
13 authority of a municipality to enforce building codes within
14 its police jurisdiction; to amend Section 11-52-30, Code of
15 Alabama 1975, to reduce the planning jurisdiction of a
16 municipality; to clarify that a municipality may only regulate
17 subdivisions within its planning jurisdiction; and to provide
18 for certain exemptions from subdivision regulation by a
19 municipality in its planning jurisdiction; to amend Section
20 11-51-91, Code of Alabama 1975, to further provide for the
21 reporting and auditing of revenue collected within the
22 municipal police jurisdiction; and to make nonsubstantive,
23 technical revisions to update the existing code language to
24 current style.
25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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1 Section 1. Section 11-40-10, Code of Alabama 1975,
2 is amended to read as follows:
3 "11-40-10.
4 "(a)(1) The Except as otherwise provided in this
5 section, the police jurisdiction in municipalities having
6 6,000 or more inhabitants shall cover all adjoining territory
7 within three miles of the corporate limits, and in
8 municipalities having less than 6,000 inhabitants and in
9 towns, the police jurisdiction shall extend also to the cover
10 all adjoining territory within a mile and a half of the
11 corporate limits of the municipality or town.
12 "(2) After May 12, 2016, and in addition to any
13 other requirements of this section, any extension of the
14 police jurisdiction of any municipality as otherwise provided
15 in subdivision (1) shall not be effective beyond the corporate
16 boundaries of the municipality without an affirmative vote of
17 the municipal governing body. Notwithstanding the foregoing,
18 this subdivision shall not affect the boundaries of the police
19 jurisdiction of a municipality existing on May 12, 2016.
20 "(2)a. Except as provided in paragraph b.,
21 notwithstanding any other provisions of this section, the
22 police jurisdiction of a municipality outside of the corporate
23 limits of the municipality shall not extend beyond the police
24 jurisdiction of the municipality on January 1, 2021. The
25 annexation of property by general or local law shall not
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1 extend the area of a police jurisdiction of a municipality
2 after January 1, 2021, except to include that property annexed
3 into the corporate limits.
4 "b. Notwithstanding paragraph a., the governing body
5 of a municipality having less than 6,000 inhabitants according
6 to the 2010 federal decennial census which has 6,000 or more
7 inhabitants according to the 2020 federal decennial census,
8 not later than 180 days following the final release of the
9 2020 federal decennial census population data by the United
10 States Census Bureau, may extend its police jurisdiction to
11 include all territory within three miles of the corporate
12 limits upon adoption of an ordinance.
13 "(3)a. Any municipality which has a three mile
14 police jurisdiction pursuant to subdivision (1), by ordinance,
15 may eliminate or reduce its police jurisdiction to a mile and
16 a half by ordinance of the outside the corporate limits of the
17 municipality by any number of half-mile increments, which
18 shall take effect on the first day of January following its
19 adoption on or before the preceding first day of October. A
20 municipality eliminating or reducing its police jurisdiction
21 outside the corporate limits shall send written notice to the
22 county commission no later than 30 days following the adoption
23 of the ordinance. A municipality shall cease to levy any
24 licenses or fees under Section 11-51-91 or any other taxes,
25 licenses, or fees, except for those relating to the regulation
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1 of subdivisions, within the area removed from the police
2 jurisdiction. Once a municipality has adopted an ordinance to
3 reduce its police jurisdiction to a mile and one-half, that A
4 municipality may reduce its police jurisdiction pursuant to
5 this paragraph no more than once during any 24 month period.
6 An ordinance adopted under this paragraph cannot otherwise be
7 amended, altered, or repealed, except by local law.
8 "b. Any municipality, by ordinance, may cease to
9 provide any service to its police jurisdiction outside its
10 corporate limits, which shall take effect on the first day of
11 January following its adoption on or before the preceding
12 first day of October. A municipality ceasing to provide a
13 service in its police jurisdiction outside its corporate
14 limits shall send written notice to the county commission no
15 later than 30 days following the adoption of the ordinance. A
16 municipality may adopt an ordinance pursuant to this paragraph
17 no more than once during any 24 month period. An ordinance
18 adopted under this paragraph cannot otherwise be amended,
19 altered, or repealed, except by act of the Legislature.
20 "(b)(1)a. Ordinances of a city or town municipality
21 enforcing police or sanitary regulations and prescribing fines
22 and penalties for violations thereof shall have force and
23 effect only in the corporate limits of the city or town
24 municipality and on any property or rights-of-way belonging to
25 the municipality or town, and on any drinking water reservoir
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1 owned by the municipality and on any property adjoining that
2 reservoir.
3 "Ordinances of a county enforcing police or sanitary
4 regulations and prescribing fines and penalties for violations
5 thereof shall have force and effect in any area in that county
6 not lying within the corporate limits of any municipality or
7 on any property or rights-of-way belonging to a municipality
8 and that is not a drinking water reservoir owned by the
9 municipality or on any property adjoining that reservoir.
10 "b. Ordinances of a municipality prescribing fines
11 and penalties for violations thereof which are state
12 misdemeanors adopted as municipal ordinance violations shall
13 have force and effect in the police jurisdiction of the
14 municipality.
15 "(2)a. Except as provided in paragraph b., a
16 municipality enforcing ordinances regulating the construction
17 of buildings in the area of its police jurisdiction outside
18 the corporate limits on January 1, 2021, including the
19 issuance of building permits, inspection of construction, and
20 enforcement of building codes, may continue to adopt and
21 enforce ordinances regulating the construction of buildings
22 within the area of its police jurisdiction outside the
23 corporate limits.
24 "b.1. In any county where the county commission is
25 enforcing ordinances regulating the construction of buildings
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1 in the area of a municipality's police jurisdiction outside
2 the corporate limits of the municipality, the municipality
3 shall discontinue enforcing any ordinance regulating the
4 construction of buildings within that area no later than 24
5 months after the receipt of written notice by the municipal
6 governing body from the county commission detailing that the
7 county commission is enforcing those ordinances, except as
8 provided by agreement adopted under subparagraph 2.
9 "2. The county and the municipality may enter into
10 an agreement for the municipality to regulate by ordinance the
11 construction of buildings in the area of the municipality's
12 police jurisdiction outside its corporate limits upon adoption
13 of an ordinance by the municipal governing body and a
14 resolution by the county commission. The county or the
15 municipality may waive this agreement upon adoption of an
16 ordinance by the municipal governing body or a resolution by
17 the county commission; provided, that the waiver shall take
18 effect 24 months after receipt of written notice by the
19 non-waiving body from the waiving body detailing the adoption
20 of the ordinance or resolution.
21 "c. A municipality may not collect a fee for a
22 building permit unless the municipality conducts a building
23 inspection. The cost of the fee for any building permit shall
24 be reasonably related to the cost of providing building code
25 enforcement and inspection services, and revenue from the fees
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1 shall be used for building code enforcement and inspection
2 services and not for general revenue purposes.
3 "(3) In order for an ordinance adopted after
4 September 1, 2015, the effective date of the act adding this
5 amendatory language to have force and effect in a police
6 jurisdiction of a municipality or town, the municipal
7 governing body shall provide a 30-day notice that the
8 ordinance shall be effective in the police jurisdiction. The
9 notice given shall be the same as required for adoption of an
10 ordinance under Section 11-45-8. Additionally, if available at
11 no cost to the municipality, the notice shall be submitted to
12 the Atlas Alabama state website or any successor
13 state-operated website providing information to businesses as
14 directed by the Department of Revenue. No ordinance adopted
15 after September 1, 2015, may be enforced against an individual
16 or entity in the police jurisdiction affected by the ordinance
17 until and unless the municipality has complied with the notice
18 requirements provided for in this section.
19 "(c)(1) Notwithstanding any provision of this
20 section to the contrary, the The police jurisdiction of any
21 municipality which pursuant to this section extends to include
22 part of any island which has water immediately offshore
23 adjacent to the boundary of the State of Florida, upon
24 approval of the council of the municipality, shall extend to
25 include the entire island including the water adjacent to the
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1 island extending to the existing police jurisdiction of the
2 municipality and extending to the Florida state boundary where
3 applicable.
4 "(2) Nothing in this section shall prohibit or
5 restrict a municipality from exercising authority within
6 existing rights-of-way, in any public waterway immediately
7 adjacent to territory within its corporate limits, on any
8 uninhabited island which lies directly across a public
9 waterway from territory within the corporate limits and would
10 be contiguous with that territory except for the intervention
11 of that public waterway, or on any public land or beach within
12 its police jurisdiction. For purposes of this subdivision,
13 "uninhabited island" means any land surrounded by water which
14 has no residential or commercial buildings on it.
15 "(d) Any alterations to a police jurisdiction based
16 upon the annexation or deannexation of property after
17 September 1, 2015, shall take effect the first day of January
18 and shall take effect for any annexation or deannexation which
19 was finalized on or before the preceding first day of October.
20 No later than the first day of January in each year, a map
21 showing the boundaries of the municipal limits and police
22 jurisdiction of the municipality shall be submitted to, if
23 available at no cost to the municipality, the Atlas Alabama
24 state website or any successor state-operated website
25 providing information to businesses. No ordinance, license,
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1 permit, or tax levy may be enforced against an individual or
2 entity included in the alteration of the police jurisdiction
3 unless the municipality has complied with the notice
4 requirements provided for in this section.
5 "(e) The annexation of property by general or local
6 law may not extend the police jurisdiction of a municipality
7 except as expressly provided in general or local law. Any
8 extension of a police jurisdiction expressly provided for in
9 general or local law is subject to subsection (d) and (f) and
10 shall take effect only on the next January 1 following the
11 annexation by general or local law.
12 "(f) (d) When any noncontiguous property has been
13 annexed or is annexed into a municipality, the municipal
14 governing body shall not exercise any jurisdiction or
15 authority in any portion of the police jurisdiction that was
16 extended beyond the corporate limits as a result of the
17 annexation, notwithstanding any other law to the contrary.
18 "(e) In no event shall a municipality, its officers,
19 agents, contractors, subcontractors, or employees be liable
20 for a reduction or elimination of the municipal police
21 jurisdiction or the reduction or elimination of any service
22 provided within the police jurisdiction, including, but not
23 limited to, any equitable relief or indirect, incidental,
24 special, punitive, exemplary, or consequential damages
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1 whatsoever arising in any manner as a result of the
2 elimination of the police jurisdiction."
3 Section 2. Section 11-52-30, Code of Alabama 1975,
4 is amended to read as follows:
5 "11-52-30.
6 "(a)(1) Except as otherwise provided herein, the
7 territorial planning jurisdiction of any municipal planning
8 commission shall include all land located in the corporate
9 limits of the municipality and all land lying within five
10 miles of the corporate limits of the municipality and not
11 located in any other municipality the police jurisdiction of
12 the municipality on January 1, 2021.
13 "(2) Notwithstanding subdivision (1), beginning
14 January 1, 2023, the planning jurisdiction of any municipal
15 planning commission shall include all land located in the
16 corporate limits of the municipality and all land not located
17 in any other municipality within a mile and a half outside the
18 corporate limits, unless extended by local law enacted after
19 January 1, 2023, to include all land not located in any other
20 municipality within three miles outside the corporate limits;
21 except that, in the case of any nonmunicipal land lying within
22 five miles the planning jurisdiction of more than one
23 municipality having a municipal planning commission, the
24 jurisdiction of each municipal planning commission shall
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1 terminate at a boundary line equidistant from the respective
2 corporate limits of such the municipalities.
3 "(3) Any alterations of a municipal planning
4 commission jurisdiction based upon annexation or deannexation
5 of property within the corporate limits of a municipality
6 shall occur once a year on the first day of January and shall
7 take effect for any annexations which were finalized on or
8 before the preceding first day of October.
9 "(b)(1) Except as otherwise provided by law on the
10 effective date of the act adding this amendatory language,
11 nothing in this section shall be interpreted as allowing the
12 municipal planning commission of a municipality to exercise
13 any authority outside the corporate limits of the municipality
14 other than the regulation of subdivisions.
15 "(2) Within a municipal planning jurisdiction
16 outside of the corporate limits of the municipality, municipal
17 subdivision regulations shall not be applied to any
18 transaction resulting in the direct sale, deed, or transfer of
19 land by the owner to any individual who may be eligible to
20 inherit that land from the owner under Article 3 of Chapter 8
21 of Title 43, relating to intestate succession. Notwithstanding
22 the foregoing, any transaction resulting in the direct sale,
23 deed, or transfer of that land occurring within 24 months of
24 the excepted transfer shall be subject to municipal
25 subdivision regulations.
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1 "(c) In all counties having a population of 600,000
2 or more according to the 1950 federal census or any succeeding
3 decennial federal census, the county planning and zoning
4 commission shall be invested with the authority to zone
5 property outside of municipal corporate limits, except where
6 that authority has