.. i" . ACT #2016- ‘ 39 I SB218 173549—3 By Senator Ward RFD: County and Municipal Government First Read: ll-FEB-16 Page 0 83218 SB218 ENROLLED, An Act, Relating to municipalities; 11—40—10 of the Code of Alabama 1975, 2015*361, 2015 Regular Session, to amend Section as amended by Act to provide prospectively that the police jurisdiction of municipalities would not extend beyond the corporate boundaries of the municipality without an 10 affirmative vote of the municipal governing body. ll BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 12 Section 1. Section 11-40—10 of the Code of Alabama 13 1975, 14 amended to read as follows: as amended by Act 2015~361, 2015 Regular Session, is 15 "§ll-40-10. 16 "(a)ilL The police jurisdiction in municipalities 17 having 6,000 or more inhabitants shall cover all adjoining 18 territory within three miles of the corporate limits, 19 municipalities having less than 6,000 inhabitants and in 20 towns, 21 adjoining territory within a mile and a half of the corporate 22 limits of the municipality or town. and in the police jurisdiction shall extend also to the 23 "(2) After the effective date of the act adding this 24 subdivision and in addition to any other requirements of this 25 section, any extension of the police jurisdiction of any Page 1 SB218 municipality as otherwise provided in subdivision (1) shall not be effective beyond the corporate boundaries of the municipality without an affirmative vote of the municipal governing body. Notwithstanding the foregoing, this subdivision shall not affect the boundaries of the police jurisdiction of a municipality existing on the effective date of the act adding this subdivision. "(3) Any municipality which has a three mile police jurisdiction pursuant to subdivision (1) may reduce its police 10 jurisdiction to a mile and a half by ordinance of the 11 municipality, 12 January following its adoption on or before the preceding 13 first day of October. Once a municipality has adopted an 14 ordinance to reduce its police jurisdiction to a mile and 15 one—half, 16 except by local law. 17 which shall take effect on the first day of that ordinance cannot amended, "(b) altered or repealed Ordinances of a city or town enforcing police 18 or sanitary regulations and prescribing fines and penalties 19 for violations thereof shall have force and effect in the 20 limits of the city or town and on any property or 21 rights—of—way belonging to the city or town. 22 ordinance adopted after September 1, 23 effect in a police jurisdiction of a municipality or town, 24 municipal governing body shall provide a 30-day notice that 25 the ordinance shall be effective in the police jurisdiction. Page 2 2015, In order for an to have force and the SB218 The notice given shall be the same as required for adoption of an ordinance under Section 11-45-8. Additionally, at no cost to the municipality, if available the notice shall be submitted to the Atlas Alabama state website or any successor state—operated website providing information to businesses. No ordinance adopted after September 1, 2015, may be enforced against an individual or entity in the police jurisdiction affected by the ordinance until and unless the municipality has complied with the notice requirements provided for in this 10 11 section. "(c) The police jurisdiction of any municipality 12 which pursuant to this section extends to include part of any l3 island which has water immediately offshore adjacent to the 14 boundary of the State of Florida, 15 of the municipality, 16 including the water adjacent to the island extending to the 17 existing police jurisdiction of the municipality and extending 18 to the Florida state boundary where applicable. 19 "(d) upon approval of the council shall extend to include the entire island Any alterations to a police jurisdiction based 20 upon the annexation or deannexation of property after 21 September 1, 22 and shall take effect for any annexation or deannexation which 23 was finalized on or before the preceding first day of October. 24 No later than the first day of January in each year, 25 showing the boundaries of the municipal limits and police 2015, shall take effect the first day of January Page 3 a map 53218 jurisdiction of the municipality shall be submitted to, available at no cost to the municipality, if the Atlas Alabama state website or any successor state—operated website providing information to businesses. permit, No ordinance, license, or tax levy may be enforced against an individual or entity included in the alteration of the police jurisdiction unless the municipality has complied with the notice requirements provided for in this section. "(e) The annexation of property by general or local 10 law may not extend the police jurisdiction of a municipality ll except as expressly provided in general or local law. Any 12 extension of a police jurisdiction expressly provided for in 13 general or local law is subject to subsection 14 shall take effect only on the next January 1 following the 15 annexation by general or local law. 16 "(f) (d) and {f2 and When any noncontiguous property has been 17 annexed or is annexed into a municipality, 18 governing body by-resolution—may—elect shall not to exercise 19 any jurisdiction or authority7—inc1uding—the-assessmentmof-any '20 21 €22 the municipal taxr in any portion of the police jurisdiction extended as a result of the annexation, notwithstanding any other law to the contrary." 23 Section 2. This act shall become effective 24 immediately following its passage and approval by the 25 Governor, or its otherwise becoming law. Page 4 SB218 Kay/M7 President and Preéiding Officer of the Senate Speaker of the House of Representatives SB218 Senate 15*MAR—l6 I hereby certify that the within Act originated in and passed the Senate, as amended. Patrick Harris Secretary 16 17 House of Representatives Passed: 04—MAY-16 19 20 21 By: Senator Ward APPROyED K52555/Q TIME AXEO 4AA» Alabama Secretary Of State Rot Nun....: 2016w391 Bill Nun...= 5-818 GOVERNOR Recv’ d mama/16 Page 5 1 1 =m33I5LF . ._.._ .19 as 1. .1..11...-.-_ 1 991.... 27 26 cl: (‘1 ~55 _ ”:1 3. 1.111 . ~ .__.1 .. . -_ 1 1 111 ' "_”“’ ...... 1 1111.1. . - "'__"""'4‘ 24 23“ 1. 22 21 TI .11 .11.- -1- j _________ 1” 1 g1,11_____.. _ 1.11.. 11111-1. 1. __ {-1 I SENATE ACTION abstain Q // upon by such committee In session. and returned therefrom to the Senate Conferees 1 111.... _ 1 - . .-.._....-.-. 11- CONFERENCE COMMITTEE PATRICK HARRIS, Secretary as reqUIred in the General Acts of Alabama, 1975 Act No. 919. L RECOMMITTED 20_ YEAS - -—- -- 11- 1 -111 85111—1 .._.-u-‘nlnnnnnn NAYS 111__1_1__. was adonteo‘ and is attached to the BIIL I hereby- certify that the Resoiution as require-g; a: Section C oi Act No 814389 Committee . 2011b: RD 2 CAL Imairperson 4 I . (ff LL/fpu . L') / J; REeREFERRED DATE. RF DATE: _ _ hisIIciie" day of__33 L3 __,20 Ha. -11 fjfl' wisub Passed w/amend(s , acted . 1111(1xime1-11__1was House to its standing committee on This inI having been referred by the REPORT OF STANDING COMMITTEE J 20159 House with the recommendation that it be _ . PATRICK HARRIS, 1, Sec feta ry I 3 43 "T C t_\ lit \ C3 E hereby certify that the notIce 8‘ proof '5 9}»! nays RD1 RFD DATE: HOIISF ACTION Clerk attached to the BI”- SB _1—1 yeas 88 a I 8 hereby certify that the Resoluhon as reduIredI‘ Sec ilOf" of Act No 81-988 ..as aoopteo‘ and is attached to. the Bit. ”ea-1. i. - ll JtH- wuuunnui