HB 2383

House Bill (HB) 2383: contracting; TPT; land value (S/E: invalid annexation; return procedure)

Sponsor: Representative Olson (S/E sponsor Senator Lesko)

Overview: The strike everything amendment to HB 2383 establishes an alternative method of de-annexation if certain conditions are met.

League Position: NEUTRAL - The strike everything amendment is intended to address a very unique situation with very specific circumstances. The policy it creates is very problematic long term, but we understand its intent and the sponsor agreed to close the window on its provisions after 2 years.

Summary: State law currently establishes a method to allow de-annexation to take place in certain instances. This strike everything amendment establishes a new alternative method to allow for de-annexation if, after 10 years in newly annexed territory, a developer doesn't perform the improvements necessary to support the property and the municipality didn't follow annexation procedures properly. The strike everything amendment is written in such a way that the conditions that trigger de-annexation can only be met in a very limited number of circumstances in order to address a certain problem. Therefore, a limited window on the provisions is appropriate so we can avoid long term unintended consequences.

Updates

04/13/15: signed by the governor. Chapter 284, Laws 2015

04/02/15: Senate adopted conference report. House adopted conference report and passed on final reading 56-2. Passed Senate on final reading 28-2; ready for governor.

04/01/15: Bowers replaces Peterson on the free Conference Committee. House members now: Representatives Olson, Gabaldon, Bowers. Senate named Worsley, Farnsworth and Farley.

03/31/15: House refused to concur in Senate amendments and named Olson, Gabaldon, and Peterson to a FREE Conference Committee. Senate conferees awaited.

03/30/15: passed Senate 29-0; ready for House action on Senate amendments

03/25/15: Senate COW approved with amendment and rules tech amendment

03/24/15: passed from Senate rules with technical amendment

03/18/15: HB 2383 strike everything amendment passed Senate Finance Committee with a 4-0-1 vote.