Government - County - Digest of Bills

Digest of Bills - 1996

GOVERNMENT - COUNTY

S.B. 96-61 County planning - review of plats, plans, agreements, and planned unit developments - limitations. When reviewing or considering the approval of plats and plans for the subdivision of land, agreements made in connection with the subdivision of land to construct public improvements, and certain plans concerning the buildings, structures, and other equipment of public utilities, specifies that counties: Conduct the review pursuant to duly adopted county resolutions, ordinances, or regulations; base denials of plats, plans, or agreements on a failure to conform with a resolution, ordinance, or regulation and support any denial with written findings; and appraise applicants of deficiencies or nonconformities in plats, plans, and agreements before any required public hearings. States that an applicant may request that state employees make recommendations to resolve disputes between licensed or registered professionals of the applicant and the county.

In addition, when the approval of plats, plans, agreements, and planned unit developments is being reviewed or considered: Limits redesigns that may be required by the county; and deems plans, plats, agreements, and planned unit developments to be approved if not approved, conditionally approved, or denied within a time period agreed to by the county and the applicant at the time of filing and allows such time period to be extended in order for the county to receive a recommendation from a state agency.

Allows applicants to waive any of these requirements in writing. Imposes guidelines for conducting public hearings on the approval of plats, plans, agreements, and planned unit developments.

APPROVED by Governor June 5, 1996
EFFECTIVE June 5, 1996

S.B. 96-104 County subdivision regulations - school site dedications - right of first refusal. Provides that county subdivision regulations may allow sites and land areas dedicated for schools to be conveyed directly to a school district. Grants boards of county commissioners the authority to have moneys provided in lieu of site dedications paid directly to school districts. Grants subdividers a 20-year right of first refusal to repurchase dedicated sites.

Provides for the periodic transfer of dedicated land areas and moneys paid in lieu of such land dedications to school districts or local government entities in certain circumstances. Requires such transferred lands and moneys to be used only for specified purposes. States that moneys paid in lieu of land dedications that are received by boards of county commissioners and transferred to school districts and local governmental entities shall not be considered county revenue for purposes of section 20 (7) (d) of article X of the state constitution.

APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996

H.B. 96-1064 Entities eligible to receive compensation for fighting wild fires - limitation on amount of property tax levied - appropriation. Adds municipal and county fire departments and fire authorities to the list of entities that may receive compensation for assisting in controlling and extinguishing forest or prairie fires. Changes the current limitation on the power of a board of county commissioners, subject to approval of the voters, to levy a property tax to pay the costs of controlling and preventing wild fires from $10,000 to the amount raised by one mill or $500,000, whichever is less. Prior to the appropriation of the property tax revenues, requires the board of county commissioners to consult with representatives of fire fighting entities in the county.

APPROVED by Governor May 2, 1996
EFFECTIVE May 2, 1996

H.B. 96-1117 County ordinance violations - fines. Increases the maximum fine for violating a county ordinance from $300 to $600.

Applies to offenses committed on and after July 1, 1996.

APPROVED by Governor April 16, 1996
EFFECTIVE July 1, 1996

H.B. 96-1231 Sheriffs - fees for civil process. Increases the maximum amount that may be collected by sheriffs for various civil process fees as follows:

For service of summons and subpoenas, from $15.00 to $30.00;
For attempted service of summons and subpoenas, from $5.00 to $8.00;
For service of garnishments, from $7.50 to $15.00;
For levying execution, writs of attachment, and writs of replevin, from either $7.50 or $10.00 to $50.00; and
For advertising property for sale, making and recording a certificate of levy, and making certificates of sale, from $7.50 to $15.00.

Increases mileage allowances from 12¢ or the maximum allowed for state employees to 31¢ per mile. Increases the percentages charged and maximum amount of a commission collected on sheriffs' sales. Increases other miscellaneous fees. Requires the court to assess as costs against parties to the action the fees of the sheriff when the judicial department delivers to a sheriff civil process for service, and prohibits the court from dismissing the action until the costs have been paid to the court.

APPROVED by Governor May 22, 1996
EFFECTIVE July 1, 1996

H.B. 96-1245 Counties - fire safety standards - prohibition against banning sale of permissible fireworks. Authorizes all counties to adopt fire safety standards by eliminating the current limitation that only counties with a population of 15,000 or more can adopt fire safety standards. Eliminates the requirement that fire safety standards shall be modeled upon the 1982 edition of the uniform fire code. Adds the international fire code institute to the list of organizations promulgating the uniform fire code.

Prohibits counties, fire protection districts, and public improvement districts providing fire protection services from banning the sale of permissible fireworks within their jurisdictions.

APPROVED by Governor April 11, 1996
EFFECTIVE April 11, 1996

H.B. 96-1287 County personnel other than sheriff's officers - enforcement of county regulations - county recreation lands and facilities. Authorizes county commissioners to designate county enforcement personnel other than a county sheriff, undersheriff, or deputy sheriff to enforce county rules and regulations on county recreation lands and facilities. Provides that designated enforcement personnel: 1) Are not required to be certified peace officers; 2) Are prohibited from making arrests and executing warrants; and 3) Are defined as "peace officers" for the purpose of the criminal assault statute.

APPROVED by Governor May 1, 1996
EFFECTIVE May 1, 1996

H.B. 96-1364 Rural land use process - cluster developments - well permits. Provides that cluster developments are not "subdivisions" or "subdivided land" for purposes of county subdivision regulations. Declares the public interest in permitting cluster developments as a means of preserving open space, protecting wildlife habitat and critical areas, enhancing the rural character of areas that are contiguous to agricultural lands, and reducing the need for development of roads and utilities to serve new residential improvements.

Defines "rural land use process" as a county planning process designed to offer development alternatives for single family residential purposes to traditional 35-acre parcels. Defines "cluster developments" as divisions of land that create parcels that contain less than 35 acres each, but no more than 2 residential units per 35-acre increment, and that reserve at least two-thirds of the total area of the tract for preservation of open space. Requires that a cluster development plan not permit development of the reserved open space for at least 40 years.

Limits cluster developments to one well permit per residential lot within the development. Except in areas where ample water is available, requires a court-approved plan for augmentation for any cluster development in which the water usage would exceed an annual withdrawal rate of one acre-foot of water for each 35 acres within the development. Requires the board of county commissioners of any county that has approved a cluster development to notify the state engineer and provide to the state engineer a copy of the county's rural land use plan.

Establishes a presumption of noninjury for wells that are requested for cluster development lots to serve one residential unit when the well will be the only well on the lot and water usage in the cluster development will not exceed one acre-foot per year for each 35 acres in the development. Expressly provides that these provisions do not limit the authority of the state engineer to require metering, periodic reporting, and cessation of water withdrawals in appropriate circumstances.

APPROVED by Governor June 6, 1996
EFFECTIVE June 6, 1996

H.B. 96-1369 Clerk and recorders - procedures - abuse of public records - reverse mortgages. Clarifies race-notice recording language on the effects of unrecorded documents. Deems documents to be recorded when accepted by the clerk and recorder for filing and the fee has been paid. Extends liability and penalties for filing fraudulent liens to recording documents that purport to convey, encumber, or otherwise affect title to real property. Expands the crime of abuse of public records to include the unauthorized alteration of a public record.

Allows clerk and recorders, in lieu of allowing access to all books and records, to provide bulk copies of all documents recorded by annual subscription. Eliminates provisions for fees on documents no longer filed and repeals obsolete provisions. Provides for additional fees for recording instruments that require multiple entries in indices. Changes the name of the "general index" to the "grantor index", the "general index inverted" to the "grantee index", and the "receiving book" to the "reception book". Requires clerk and recorders to maintain files of subdivision plats and common interest community plats or maps and specifies how such plats or maps are entered in the indices.

For reverse mortgages, provides that separate projected total loan cost disclosure statements are not required for loans subject to federal truth in lending disclosure statements. Formerly, such cost disclosure statements were not required for loans subject to federal housing and urban development disclosure requirements.

APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996