Fairhope, Alabama
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| Senate Bill 107 |
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| Fairhope's police jurisdiction |
SENATE BILL 107
A bill sponsored by Fairhope Senator Chris Elliot to limit municipal policing and planning jurisdictions beyond city limits (see at bottom) is being opposed by the city's leadership, as well as the Alabama League of Municipalities.
In a recent WPMI TV interview, Elliot defended his bill; questioned why those living outside city limits should pay city taxes:
The bill's sponsor, Senator Chris Elliott, says this year's version keeps the municipal sales tax rate in effect to continue funding public safety.
"I have constituents that look at me and say, 'Why am I paying a city tax if I’m not in the city?' You have to wonder why that is. What we've done is we've left some of the funding there to allow for the continued exercise of law enforcement," said Elliot.
(Funding for police and fire protection outside city limits are often cited as reasons for the taxes.)
CITY LEADERS' OPPOSITION
When asked about it by the Times, council president Burrell said he found it "odd" that city leadership was never consulted by Elliot before filing the bill:
"No, I do not support this bill. Neither does Mayor Sullivan. In fact, the Alabama League of Municipalities representing over 400 towns and cities throughout Alabama, is opposed to this bill. I find it odd that our own Senator would introduce such legislation without consulting the leaders of the very city he is from. I will actively oppose this bill."
Below is the excerpt from the ALM’s newsletter, The State House Advocate, published yesterday, February 12th.
Police & Planning Jurisdictions – SB107 by Senator Elliott,
as introduced, eliminated municipal planning jurisdictions.
Additionally, it placed a moratorium on police jurisdictions and removed
all building code enforcement authority. The bill was amended and
phases out police and planning jurisdictions. It accomplishes
this through freezing the police jurisdictions after the 2020 Census and
immediately restricting planning jurisdictions to one and a half miles
for those municipalities exercising police jurisdiction authority and to
the corporate limits for those municipalities
who do not exercise police jurisdiction authority. SB107 as
amended passed the Senate this week and now heads to the House County
and Municipal Government Committee. ALM is opposed to SB107. Contact members of the House committee, here,
and respectfully voice your opposition.
The bill has passed the Senate and is currently under consideration in the House.
SYNOPSIS OF BILL
Senate Bill 107 as introduced: (1) prohibits municipalities from further extending their police jurisdictions; (2) limits the territorial jurisdiction of a municipal planning commission to the land located within the corporate limit of the municipality; (3) provides that a municipality may not regulate the construction of buildings within the police jurisdiction of the municipality; (4) provides that no business license tax or other municipal fees may be levied in the police jurisdiction of municipalities; and (5) provides that any taxes and fees levied in the police jurisdiction shall be audited for compliance to ensure they were expended in the police jurisdiction.
These changes would: (1) increase the obligations of counties to regulate the construction of subdivisions where municipalities previously provided the service by an undetermined amount, while simultaneously resulting in a decrease in the fiscal and administrative obligations of the municipality; (2) increase the fiscal and administrative obligations of municipalities by an undetermined amount to provide an audit report to the Department of Examiners of Public Accounts; and (3) decrease revenues of any non-compliant municipality that fails to remedy the noncompliance within 12 months by an undetermined amount dependent upon the amount of licenses and taxes those municipalities collect in their police jurisdictions and how long it would take them to provide an audit proving them to be in compliance.
As amended and reported by the Committee on Governmental Affairs, limits the territorial jurisdiction of a municipal planning commission to certain lands in the police jurisdiction of the municipality.
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| Senator Elliot |
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