Anti-Annexation Legislation: Local Bills that Would Harm Municipalities Statewide

The Issue:
Opponents of annexation are active and well organized. Some in Cary maintain a website, www.StopNCAnnexation.org (.com). They have written all legislators asking them to pledge to repeal the current municipal annexation laws and recently visited the Legislature to make their views known.

The General Assembly reviewed the state’s annexation laws thoroughly in 1998 and made a number of significant revisions. The league negotiated and agreed those 1998 changes.

The Legislation:
Two pending local bills would restrict annexation laws authority in particular municipalities—Fayetteville and Kernersville. While these are technically local bills, this is really legislation that will harm all municipalities statewide. Both bills would require voters in areas proposed for annexation to vote approval for annexation. If either of these bills were to pass, similar restrictions would soon be imposed on other cites and towns

SB 1126—Fayetteville Annexation Referendum would amend the city charter, adding a provision that annexations do not become effective unless voters in the area to be annexed approve

HB 1695—Kernersville Annexation Referendum would require a referendum on an annexation if 5 percent of the voters in a proposed area submitted a petition. The House Ways and Means Committee may discuss this bill at noon today. The Committee meets in Room 1228 of the Legislative Building

The Municipal Position:
We strongly oppose SB 1126 and HB1695, based on long-standing municipal policy on local annexation authority. Annexation authority allows a city or town to include on its boundaries more of the citizens and property it actually serves when the area becomes urban. Without annexation, municipal residents, with their tax dollars, subsidize the municipal services that non residents receive. These include streets, transportation, police, fire, EMS, parks, recreation, cultural, economic development and other services

What You Can Do Today:
Talk with your legislators about the importance of annexation authority to your town or city. Tell them these local bills are really legislation with statewide implications, and ask them to oppose the bills and any attempts this year or in the future to weaken local annexation authority
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The text of the League Bulletin:
Another bad annexation bill

Last week we told you about SB 1126 - Fayetteville Annexation Referendum, legislation to strip the City of Fayetteville of its statutory annexation authority. This week saw another bad local bill introduced. HB 1695 – Kernersville Annexation Referenda, sponsored by Rep. Mike Decker, seeks to restore the pre-1959 annexation law by requiring a referendum on annexations in the Town of Kernersville upon petition of five percent of the voters in the annexation area. The League opposes attempts to limit local annexation authority, whether local or statewide. Local bills of this type set a bad precedent and encourage more attacks on annexation. Please continue to talk with your legislators at every opportunity about the importance of annexation authority to the strength and viability of your city or town. Let them know that you support the preservation of annexation authority for all municipalities, and cities and towns will stand in unity to oppose local bills that seek to divide and conquer.

Annexation foes make their case

On Tuesday of this week, (May 25, 2004) the Citizens for a Sound Economy and opponents of local annexation authority visited the General Assembly to make their case to legislators. In addition to opposing municipal annexation authority, the CSE members urged repeal of the stormwater utility fees some cities charge to partially offset the costs of stormwater management programs that are in many cases mandated by federal or state law. These groups are making themselves heard, so don’t be left out of the debate. Come to Town Hall Day for a show of municipal strength.

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(After their Town Hall Day was over, the League posted this to their website:)

Thanks for a great Town Hall Day
Hundreds of municipal officials gathered in Raleigh on Wednesday for the League’s annual legislative action day.  Town Hall Day drew participants from across the state, and many local officials were able to make valuable contacts with their legislators on key issues.  Thanks to all who attended.

Anti-annexation bill fails to advance
After an hour’s debate, the House Ways and Means Committee declined to endorse HB 1695 – Kernersville Annexation Referenda, a local bill that would have put Kernersville back under pre-1959 annexation laws.  The motion for a favorable report was defeated on a vote of 5 to 7, and the bill remains in committee.  The committee met on Wednesday, which was NCLM Town Hall Day, and a number of municipal officials observed the committee meeting.  Greensboro Mayor Keith Holliday, NCLM Executive Director Ellis Hankins and Apex Manager Bruce Radford spoke against the bill, and a Wake County citizen spoke in support. 
Although this bill only applies to one municipality, annexation opponents would attempt to add other cities and towns.  The League will continue to oppose such efforts.  We expect annexation to be a major issue in the 2005 legislative session.

(and it certainly is!)