HB 596 — AN ACT relating to annexation.

UNOFFICIALCHAPTER COPY158 241 RSCHAPTER 158 ( HB 596/GA596 ) AN ACT relating to annexation.

The ordinance shall accurately define the boundary of the unincorporated territory proposed to be annexed, and declare it desirable to annex the Page 1 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA unincorporated territory.

Page 2 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA (3) In not less than sixty (60) days after the enactment of the ordinance, if no petition containing the signatures of fifty-one percent (51%) or more of the resident voters or owners of real property within the limits of the territory proposed to be annexed in opposition to the proposal has been received by the mayor as set [out herein, or within sixty (60) days of the certification of election results in which less than fifty-five percent Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (55%) of those persons voting opposed annexation, ]forth in subsection (2) of this section, and if the city has provided the written notice described in subsection (1) of this section at least forty-five (45) days prior, the legislative body may enact an ordinance annexing to the city the territory described in the ordinance.

The organization, composition, authority, and nature of the interlocal Page 3 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA agency, including the terms and qualifications of the members of the governing authority and their manner of appointment or selection;

(a) Provision for an administrator responsible for the joint or cooperative Page 4 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA undertaking;

CHAPTER 158 3 (1) When a city annexes territory in a county that contains active residential, commercial, or industrial uses on a substantial part of the territory, and the crediting provisions set forth in KRS 68.197 apply to the county, the city shall remit payments to the county on January 1 of each year for a period of ten (10) years following the enactment of the ordinance finally annexing territory into the city, pursuant to the following formula unless the city and county otherwise agree in writing:

and Page 5 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA (c) The county shall then subtract from the figure calculated in paragraph (b) of this subsection the property tax, occupational licensure tax, and insurance premium tax revenue it has collected or anticipates it will be able to collect for each year following the annexation, which figure will represent the remittance payment required to be paid by the city to the county.

Page 6 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA b.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) If the parties fail to reach an agreement within the sixty (60) day period described in paragraph (c) of this subsection:

Page 7 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA a.

(f) Any agreement made pursuant to this subsection, including a default Page 8 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA agreement under subsection (2)(e) of this section, shall be considered an interlocal agreement and be subject to the provisions of the Interlocal Cooperation Act, including the reporting requirements set forth in KRS 65.260.

Page 9 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA SECTION 7.

CHAPTER 158 5 (2) "District" means a designated county industrial district;

If a county fails to obtain the consent of each property owner of Page 10 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA record, the county shall be barred from including the land owned by a property owner who did not consent within a district for a period of five (5) years in any future attempts to include that land in the district.

Page 11 of 12 HB059610.100 - 2058 - XXXX 3/1/2024 10:04 AM GA UNOFFICIAL COPY 24 RS HB 596/GA (6) A landowner of property located within a district may have the property removed from the district with the consent of the county that established the district.

(1) Notwithstanding any statute to the contrary, and except as set out in subsection (2) of this section, a city shall not annex any territory that is within a designated county industrial district, or territory that is part of Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY a proposed district between the enactment of the initial ordinance but before the enactment of the final ordinance as described in subsection (1)(c)1.

PageBecame 12law ofwithout 12Governor's HB059610.100signature -April 205810, -2024. XXXX 3/1/2024 10:04 AM GA