GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                    1

HOUSE BILL 2367

Short Title:     Involuntary Annexation Moratorium.		(Public)
Sponsors:	Representatives Goforth, Luebke, Dollar, Steen (Primary Sponsors);  Allred, Avila, Barnhart, Blackwood, Blust, Boylan, Brisson, Brown, Brubaker, Cleveland, Coates, Coleman, Current, England, Faison, Folwell, Hall, Hilton, Holmes, Hurley, Johnson, Justice, Justus, Killian, Kiser, Langdon, McComas, McElraft, Moore, Neumann, Pate, Samuelson, Starnes, Thomas, Tillis, Walend, Walker, Womble, and Yongue.
Referred to:	Finance, if favorable, Judiciary II.

May 21, 2008

A BILL TO BE ENTITLED

AN ACT to adopt a moratorium on involuntary annexations, as RECOMMENDED by the House Select Committee on MUNICIPAL Annexation.

The General Assembly of North Carolina enacts:

SECTION 1.  No resolution of consideration, resolution of intent, or annexation ordinance may be adopted under Part 2 or 3 of Article 4A of Chapter 160A of the General Statutes from the date this act becomes law until June 30, 2009. If any annexation proceeding has been initiated under those Parts prior to the date this act becomes effective but the annexation ordinance has not yet been adopted, any provision of law requiring any action or notice by the municipality or any person within a certain period of time is tolled during the suspension of authority provided by this section.

SECTION 2.  An annexation ordinance adopted under Part 2 or 3 of Article 4A of Chapter 160A of the General Statutes that has an effective date on or after the day this act becomes law shall not become effective until after June 30, 2009, unless the municipality by ordinance adopts a new effective date later than June 30, 2009, for the annexation ordinance.  An annexation ordinance that was adopted under Part 2 or 3 of Article 4A of Chapter 160A of the General Statutes prior to the effective date of this act and is the subject of litigation in any court on the effective date of this act shall not become effective until after June 30, 2009, unless the municipality by ordinance adopts a new effective date later than June 30, 2009, for the annexation ordinance.

SECTION 3.  This act shall not apply to any annexation ordinance adopted under Part 2 or 3 of Article 4A of Chapter 160A of the General Statutes that has an effective date on or before the day this act becomes law, if the ordinance is not yet effective solely due to section 5 of the Voting Rights Act of 1965.

SECTION 4.  If any municipality has adopted its budget ordinance for the 2008-2009 fiscal year prior to the date this act becomes effective and the total amount of assessed valuation estimated in that budget ordinance has been reduced because of this act, the municipality may amend the budget ordinance to account for this act including establishment of a different tax rate.

SECTION 5.  This act is effective when it becomes law.