A bill that would temporarily halt municipalities’ ability to annex without voter approval is making its way slowly but surely through the General Assembly. House Bill 2367 in it?s original form, would have created a one-year moratorium on involuntary annexations and ensured a real moratorium while the General Assembly studied the current law. But committee members changed the dates to give some cities and towns time to complete annexations they already have initiated and took out a section of the bill that would have stopped all annexations during the moratorium period.
The proposed moratorium period would begin July 31, 2008 and end April 30, 2009, giving lawmakers only 10 months to study the state’s annexation laws. Although study committees can be assigned and can meet during the interim period between legislative sessions, nothing can be done to change the law unless the General Assembly is meeting. The 2009 session convenes in late January 2009, giving lawmakers only three months until the end of the moratorium period to make changes to the annexation laws. They are known for taking months just to get moved in their offices, get committee assignments and get organized before the first bill is even heard.
The other significant change to the bill was in a proposed committee substitute that passed out of the House Judiciary II committee and actually allows annexations during the moratorium. It deleted the original Section 1 of the moratorium bill. Without this section, cities would still be able to initiate new annexations during the ten-month moratorium period. They could pass resolutions of intent to annex, pass annexation ordinances, and be ready to move forward with their annexation on the day the moratorium ends. Not much of a moratorium.
The bill was on the House calendar Thursday but Speaker Hackney claimed they needed to adjourn so the Appropriations Committee could continue their budget work. Of note, the House met for several hours to consider other legislation, just didn?t have time for this one. The bill remains on the calendar but we?re told Monday night?s session will be a short one and the bill will be considered Tuesday. One would hope the bill would be amended to put Section 1 back in.
Whether they amend it or not and whether the bill passes in the House and whether it passes then in the Senate, will be seen. Whatever happens, the attention and concern that has been drawn to this erosion of property rights in North Carolina is long overdue and is not over.
