Three bills harmful to municipalities can be heard at any time on the Senate Floor before the Legislative deadline on Thursday, March 15. 

* The preemption bill removes municipal authority over auxiliary containers such as plastic bags (SB 1465).

* Two county bills that restrict cities and towns by allowing the county to stop de-annexation of territory (SB 1259) and authority to transfer property to municipalities to maintain or bill for the county cost of maintenance (1272). 

These bills are summarized below:

Plastic Bag Preemption 

SB 1465: This bill by Rep. Leewright creates new law preempting political subdivisions regarding auxiliary containers. An auxiliary container is any bag, cup, package, container, bottle or other packing that is made of a variety of substances designed for, but not limited to, consuming, transporting, or protecting merchandise, food or beverages from a food service facility or retail facility. Political subdivisions are prohibited from restricting, taxing, prohibiting or issuing any ordinance regulating the use, disposition or sale of auxiliary containers. An exception for this preemption is if the use of the auxiliary container is on property owned by a county or municipality. Nothing shall prohibit or limit any county or municipal ordinance or agreement regarding a recycling program or the disposal of solid waste.    

Counties

SB 1259: This bill by Sen. Dahm provides that the Board of County Commissioners shall have the authority to approve or disapprove any attempt by a municipality to de-annex property to a county.

SB 1272: This bill by Sen. Dahm authorizes county commissioners that receive, as a result of the failure to pay taxes, any real property, otherwise designated as a common area, greenbelt or detention pond for a neighborhood development, to transfer ownership to the municipality that created the areas or shall have the authority to invoice the municipality for maintenance and care of such areas. 

Please contact your Senators by clicking here and ask them to vote NO on these three bills.