S.B. 97-47 Property rights - land use approvals - conditions - actions by landowners. Declares that the right to own and use private property is fundamental, citing constitutional provisions and disapproving the placement of burdens on individual property owners to achieve general public purposes. Declares the issue a matter of statewide concern.
Prohibits local governments, when imposing conditions upon land use approvals, from requiring a landowner to dedicate land to the public or pay a specific amount of money to a public entity except when:
Requires a local government to base any requirement for such dedication or payment on duly adopted standards that ensure rational and consistent application of the requirements.
Gives property owners the right to seek a court order relieving them of the duty of complying with a requirement for dedication of land or payment of money that does not meet the statutory standards. Places the burden of proof on the local governmental entity involved in any such action.
States that nothing in these provisions shall affect the ability to bring an action under existing eminent domain statutes or limit claims under constitutional due process guarantees, but requires an action under the act to be combined with any pending action under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. States that the authority of local governments to regulate land use under other laws shall not be limited except as expressly provided in these provisions.
VETOED by Governor May 5, 1997
S.B. 97-69 Sales and use tax - use of precinct locators for collection purposes. Allows public utilities to rely upon precinct locators when determining whether to collect local sales or use taxes. Defines "precinct locator" as the record maintained by a county clerk and recorder and used to determine the jurisdiction within which an address is located for voting purposes and, for commercial or industrial addresses, includes the record used to determine the jurisdiction within which an address is located for the purpose of remitting sales or use tax on motor vehicles.
Provides that no penalty or interest shall be charged and that no action for deficiency shall be maintained against a public utility if the public utility relied in good faith upon the most recently updated version of a precinct locator in making a determination as to whether to collect a particular local sales or use tax. Specifies that a public utility will not be exempt from penalties, interest, or an action for deficiency if the public utility was informed in writing prior to a taxable transaction that the precinct locator was inaccurate and the public utility was given correct information.
APPROVED by
Governor April 24, 1997
EFFECTIVE April 24,
1997
S.B. 97-132 Emergency services - 9-1-1 access - public safety answering points - funding mechanisms - charges for wireless carriers. Declares that dialing 9-1-1 is the most effective and familiar way the public has of seeking emergency assistance and that extending the availability of 9-1-1 service to users of wireless (e.g., cellular) phones is in the public interest.
Defines and directs the implementation of wireless automatic location identification (wireless ALI) and wireless automatic number identification (wireless ANI).
Authorizes local governments to impose a charge for the support of public safety answering points (PSAPs) on wireless communications access, in the same manner and subject to the same 70 cents-per-month cap as for the existing charge on wireline exchange access facilities. Requires parity between the charges imposed on wireless and wireline access. Removes the current prohibition on imposing such charges on more than 100 exchange access facilities within a governing body's jurisdiction.
Includes resellers in the definition of "service suppliers" who must collect and remit charges for the support of PSAPs. Limits expenditure of moneys collected through such charges to the purchase, installation, and maintenance of equipment and other directly related costs of operating a PSAP, excluding personnel costs except in counties of 50,000 or less operating PSAPs under intergovernmental agreements.
Requires that wireless carriers and basic emergency service providers (BESPs) be reimbursed for the equipment they must purchase to provide wireless ANI and wireless ALI at the request of local governments.
Grants BESPs and service suppliers, and their employees and agents, immunity from liability for violations of privacy, personal injury, and other claims arising out of the operation of PSAPs except where injury is caused through intentional or grossly negligent conduct.
APPROVED by
Governor April 30, 1997
EFFECTIVE April 30,
1997
H.B. 97-1093 Local government master plans. Provides that in creating the master plan of a county or region, the county or regional planning commission may take into consideration the availability of affordable housing within the county or region. Encourages counties to examine regulatory impediments to the development of affordable housing. Declares that county, regional, and municipal master plans are advisory only. Allows counties or regional planning commissions to include in their master plans designated utility corridors to facilitate the provision of utilities to all developments in the county or region. Adds affordable housing to the list of considerations that a municipal planning commission is to take into account when preparing a master plan.
APPROVED by
Governor April 24, 1997
EFFECTIVE April 24,
1997
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