Summary of HB10-1259

Sponsors: Nikkel/Lundberg

The state constitution prohibits an unincorporated area from being annexed to a municipality unless one of the following constitutional annexation requirements first has been met:

• The question of annexation has been submitted to the vote of the landowners and the registered electors in the area proposed to be annexed, and the majority of the persons voting on the question have voted for the annexation;
• The annexing municipality has received a petition for the annexation of the area signed by persons comprising more than 50% of the landowners in the area and owning more than 50% of the area, excluding public streets and alleys and any land owned by the annexing municipality; or
• The area is entirely surrounded by or is solely owned by the annexing municipality.

The bill amends the "Municipal Annexation Act of 1965" (act) to conform its provisions to the constitutional annexation requirements. In particular:

• Section 1 of the bill amends the legislative declaration in the act to add as a purpose of the act the implementation of the constitutional annexation requirements.
• Section 2 of the bill conforms existing definitions in the act to the provisions of the bill.
• Section 3 of the bill prohibits an unincorporated area from being annexed to a municipality unless one of the constitutional annexation requirements first has been met. Section 3 also specifies that an area is eligible for annexation if the constitutional annexation requirements
  have been satisfied in addition to satisfying existing statutory requirements.
• Sections 4 and 5 remove obsolete provisions in the act.
• Section 6 of the bill specifies that persons comprising more than 50% of the landowners in an area and owning more than 50% of the area may petition the governing body of any municipality for the annexation of the territory. Section 6 also clarifies the requirements affecting a petition for annexation to specify that a petition must contain an allegation that the signers of the petition comprise more than 50% of the landowners in the area and own more than 50% of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality.
• Section 7 of the bill specifies that the required hearing to establish eligibility for annexation need not be held if the municipality has determined conclusively that the constitutional annexation requirements, in addition to existing statutory requirements, have not been met.
• Section 8 of the bill specifies that a finding by the governing body of the annexing municipality that the area proposed for annexation does not comply with the applicable provisions of the constitutional annexation requirements, in addition to existing statutory requirements, shall terminate the annexation proceeding.
• Section 9 makes conforming amendments to the act.
• Section 10 of the bill clarifies that annexation elections are to be decided by a majority of the landowners and registered electors in the relevant area and not the qualified electors or qualified electors and landowners as under existing law. Other sections of the bill contain changes conforming to this new requirement.
• Section 11 of the bill addresses conflicting annexation claims of 2 or more municipalities. In particular, upon the filing of a petition by the second municipality indicating its intent to annex the disputed area, the bill permits the first municipality and the petitioners for the annexation being considered by the first municipality to file a responsive pleading. If either or both of the parties files a responsive pleading, the district court is required to determine whether the annexation being processed by the second municipality complies with the constitutional annexation requirements and the applicable provisions of the act. In the absence of the filing of a responsive pleading or upon a determination that the annexation being processed by the second municipality complies with the constitutional annexation
  requirements and the applicable provisions of the act, all further proceedings for the annexation of the area claimed by both municipalities are to be held in abeyance pending an election of the landowners and the registered electors within the area for the purpose of determining to which municipality the electors prefer to annex.
• Section 12 of the bill specifies that review proceedings instituted under the act shall not extend further than determining whether the annexation complies with the constitutional annexation requirements in addition to whether the governing body has exceeded its jurisdiction or abused its discretion under the provisions of the act.

Status:

02/04/2010 Introduced In House - Assigned to Local Government + Judiciary
03/02/2010 House Committee on Local Government Refer Amended to Judiciary
03/08/2010 House Committee on Judiciary Refer Unamended to House Committee of the Whole
03/12/2010 House Second Reading Laid Over Daily
03/15/2010 House Second Reading Passed with Amendments
03/16/2010 House Third Reading Passed
03/18/2010 Introduced In Senate - Assigned to Local Government and Energy + Judiciary
03/23/2010 Senate Committee on Local Government and Energy Refer Unamended to Judiciary
03/26/2010 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/31/2010 Senate Second Reading Laid Over Daily
04/01/2010 Senate Second Reading Passed
04/05/2010 Senate Third Reading Passed
04/28/2010 Signed by the Speaker of the House
04/30/2010 Signed by the President of the Senate
04/30/2010 Sent to the Governor
05/06/2010 Governor Action - Signed

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