Yesterday, the House introduced a bill (HB 9) that would put a moratorium on annexations that are still “in the process.”
The House members should be commended for introducing a moratorium bill on the first day of session. The bill appears to be good, but it also is very confusing to figure out. Below is my initial analysis of the bill in order to help the public make sense of the bill (the analysis is subject to change).
1) What happens when an annexation ordinance has not been adopted prior to the effective date of the moratorium bill?
A municipality can’t move forward with any part of the annexation process until July 1, 2012. Municipalities still can do things such as planning and research, but they can’t take actions that move the annexation forward in the process.
2) What happens when an annexation ordinance has been adopted but the effective date of the annexation is on or after the moratorium bill becomes law?
The ordinance doesn’t become effective until July 1, 2012.
3) Is there protection when an annexation ordinance has been adopted and the effective date of the ordinance is before the effective date of the moratorium bill?
Yes, so long as the annexation is subject to litigation in any court on the effective date of the moratorium bill. The ordinance can’t become effective until July 1, 2012.
4) What happens to all litigation pending in state court?
The litigation is stayed upon enactment of the moratorium bill.
5) Does the bill cover all forced annexations in the process?
This is a tough call, but it appears to. More to come on this issue.
