Annexation bill amended

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A bill that initially required county-commission approval for annexations across county lines made it through an initial House floor vote Tuesday, but not before it was amended -- removing the county-approval section and instead requiring cities and counties to jointly plan before a municipality may annex into an adjoining county.

The bill, by Cardwell Republican Sen. Terry Murphy, has been moved back to the House Business and Labor Committee.

The legislation stems from an ongoing debate between Helena and Jefferson County officials over an annexation request by a Montana City developer whose property is located just a few steps from the city limits.

Rep. Michele Reinhart, D-Missoula, amended the bill on the House floor Tuesday, removing county commission vetoes of proposed annexations and instead requiring counties and cities to develop a joint planning board for the area, with equal representation from the city and the county, before an annexation can occur.

"The purpose is to bring both sides to the table," Reinhart said. "This way, neither side is able to walk away from the process."

Rep. Scott Mendenhall, R-Clancy, who chairs the Business and Labor Committee and has supported Murphy's legislation, said Reinhart's amendments gut the bill.

He called Murphy's bill "pretty simple, straightforward public policy."

"There's a lot more to those amendments than there is to the bill itself," Mendenhall said.

Helena officials, who have staunchly opposed Murphy's bill, supported the amendments.

"It substantially goes back to a joint planning process where both governments are involved, as well as the landowners," City Manager Tim Burton said. "That's how we plan today. It's not rocket science ... I think it just brings some more balance to the process."

City officials have opposed the bill in concept and in substance.

They disagree with the idea that annexations across county lines should be handled differently than annexations within a city's home county. They also say the bill's lack of criteria by which a county commission would decide to accept or reject a proposed annexation opens the door to litigation.

Reinhart agrees with the city's assessment.

"If the bill passes as it is, it's not clear what the due process is," she said. "My concern is that private property (owners) get caught in the middle."

Jefferson County Commission Chair Ken Weber said he hadn't had a chance to review the amendments and declined to comment on them.

The amendments passed 51-49, and the amended bill passed its first floor vote 78-22 before it was moved back to the committee on a 50-49 vote.

The bill is SB339.

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