HB 0446 St. Louis County Boundary Commission
Sponsor:SCHEVE Handling House Bill:GOODE
Committee:LAIR LR Number:S0685.06T
Last Action:06/02/95 - Signed by Governor
Effective Date:Varies
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Current Bill Summary

CCS/SS/SCS/HCS/HB 446 - This act revises the Boundary Commission law for St. Louis County.

DEFINITIONS - The definition of St. Louis County is revised. "Boundary change" shall include a transfer between a municipality and the county. Proposing agents may submit petitions with exclusions for certain areas.

CURRENT BOUNDARY CHANGES - Several types of ongoing boundary changes will not be subject to the Boundary Commission: proposals submitted to the voters and passed, but which are not yet effective; a petition for incorporation with at least 6,000 signatures submitted to the county by June 30; and a proposal for annexation initiated and publicly heard by June 12, 1995. The county handling a proposal may make corrections and redefine metes and bounds in accordance with intervening changes. Petitions may have exclusions for areas where intervening annexations or incorporations occurred.

ESTABLISHMENT OF COMMISSION - A first classification county must have 50 or more cities to have a Boundary Commission. The moratorium on boundary changes is shortened to 120 days after August 28, 1995. The Boundary Commission shall have 11 members: 6 directly appointed by the three groups of cities in the county; 3 nominated (2 nominees for each member) by county council members and appointed by the county executive; and 2 directly appointed for the unincorporated areas by the County Executive.

Commission members may not be in organizations representing political subdivisions. No commissioner shall serve more than two terms, and commissioners shall be bound by the conflict of interest law and the sunshine law.

EXPIRATION DATE - The Commission shall expire on 12/31/02.

RULES - Rules of the Boundary Commission cannot become effective for at least 27 days following notice to all municipalities and the county, and they may not apply retroactively.

BOUNDARY DECISIONS - The plan of intent submitted to the Commission shall address all of the factors which the Commission will consider. The Commission shall consider the orderly incorporation of the county. The factor of tax distribution must have an extraordinary effect. The Commission may advise proposing agents, government entities and county residents.

SIMPLIFIED CHANGES - "Simplified boundary changes" are limited to annexation petitions by 75% of residential property owners. No simplified changes may occur to territory in a proposal before the Commission.

MULTIPLE AREAS/PROPOSALS - A city wishing to annex two separate areas must submit two separate proposals. Questions for annexation and incorporation of the same area shall not be submitted at one election.

COMMISSION OPERATIONS - The Boundary Commission shall be an independent commission. It shall submit a budget to the county, and the county shall appropriate sufficient funds to carry out its duties, including funds for at least one attorney, one professional staff person and clerical staff for the attorney and professional staff. The county shall also provide information upon request to petitioners.

FIRE PROTECTION - The residents in a newly created city shall pay their taxes for fire service to the fire district instead of to the city and then to the district. The fire district may approve or reject any proposal for the provision of fire service by a new city in its service area.

EMERGENCY CLAUSE - The act has an emergency clause for the section with the 120-day moratorium, the grandfathering provisions and the establishment of the Commission.