S.B. 98-27 County treasurers - authority to accept partial payments of delinquent personal property taxes - audits. Authorizes the county treasurer to accept partial payments for delinquent personal property taxes so long as the owner of the personal property has entered into a written payment plan with the county treasurer. Requires that a payment plan specify the total amount due, the amount of each payment, and the payment due dates. Requires that the total amount due under a payment plan be paid in full no later than 24 months from the date the owner of the personal property enters into a written payment plan with the county treasurer. Requires the county treasurer to keep a copy of the payment plan until the amount due is paid and, once paid, to mark the plan "paid in full". Authorizes the county treasurer to terminate the payment plan if the owner of the personal property fails to abide by the terms and conditions of the plan.
Authorizes the county treasurer to periodically cause to be performed an audit of the operations and accounts of the county treasurer's office.
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
S.B. 98-55 Zoning and building code violations - civil penalty. Authorizes a county attorney to seek civil penalties in county court for violations of a county zoning resolution or amendment or for building code violations. Sets the civil penalty at not less then $250 but not more than $500. Requires service of a summons and complaint upon the violator and requires the county zoning official or building inspector to give the violator a notice to correct the violation within 30 days. Provides that if the alleged violation has been cured or removed at least 5 days prior to the appearance date in the summons, the county attorney shall request that the court dismiss the action without fine or appearance of the defendant. Directs the court to order the violator to pay the civil penalty if the court finds that a violation of zoning laws or building codes has occurred. Applies to violations occurring on or after July 1, 1998.
APPROVED by Governor April 17, 1998
EFFECTIVE July 1, 1998
S.B. 98-199 County sheriffs - qualifications - peace officers standards and training - basic certification. Relocates the requirement of obtaining peace officers standards and training (P.O.S.T.) basic certification from the list of training requirements for sheriffs to the list of qualifications for the office of sheriff. Requires that such basic certification be obtained within one year after taking office as sheriff and maintained throughout the term as sheriff.
Eliminates the provision that allows the P.O.S.T. board to grant an extension of up to one year to obtain basic P.O.S.T. certification upon a showing of good cause. Clarifies that a sheriff's pay may be suspended for failure to comply with the training requirements or for failure to obtain basic certification within one year of taking office or to maintain such certification during the term of office. Permits reinstatement of pay and back pay once a sheriff is again in compliance.
Applies to all persons serving as sheriffs as of July 1, 1998, and to all persons elected or appointed as sheriff on or after said date.
VETOED by Governor June 2, 1998
H.B. 98-1033 Categorization of counties for fixing salaries of county officers. Designates Pueblo county as a category I county for purposes of fixing county officers' salaries, rather than as a category II county. Designates Fremont and Garfield counties as category II counties for purposes of fixing county officers' salaries, rather than as category III counties. Designates Archuleta, Chaffee, Clear Creek, Las Animas, and Park counties as category III counties for purposes of fixing county officers' salaries, rather than as category IV counties.
APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998
H.B. 98-1253 Payment of claims against counties. Allows county treasurers to maintain a registry of county orders in any record form, rather than in book form. Requires county treasurers to register county orders and warrants only when there are insufficient funds to pay the indebtedness evidenced thereon. Defines "order" to mean all orders and authorizations issued by the board of county commissioners for the payment of claims against the county. Specifies that "order" includes any warrants issued by the board of county commissioners and any written authorization issued by the board of county commissioners directing the treasurer to make payment of claims against the county by electronic transfer. Clarifies that payment of a county order or warrant by electronic transfer shall be made only after the treasurer approves the release of funds therefor.
Shifts the responsibility for ensuring that county warrants and orders are drawn on the proper fund, and that there are sufficient moneys in said fund, from the county treasurer to the board of county commissioners.
APPROVED by Governor April 2, 1998
EFFECTIVE April 2, 1998
H.B. 98-1305 County boundary adjustment - petition of landowners - conditions for adjustment - county approval - limitation - boundary control commission - repeal. Authorizes a portion of the territory of one county to be stricken off and added to an adjoining county without an election upon the petition of 100% of the landowners in the territory of the county proposed to be stricken off. Requires a hearing on the boundary adjustment after published notice. Specifically requires notification of all owners of real property in and any special district serving the territory to be stricken.
Prohibits a boundary adjustment unless:
Requires the board of county commissioners of the county from which the territory is proposed to be stricken off, upon approval of the boundary adjustment, to negotiate an intergovernmental agreement with the board of county commissioners of the adjoining county. Specifies certain terms that must be included in that agreement. Upon approval of the agreement, requires the board of county commissioners of each county to adopt a resolution approving the boundary adjustment and to record that resolution in both counties.
Prohibits any county from striking or adding more than 250 acres pursuant to this procedure. Prohibits striking off territory of a county pursuant to this procedure that contains an occupied residential unit. Requires prior approval by the boundary control commission prior to initiating a boundary adjustment striking territory off of Adams, Arapahoe, or Jefferson county and adding that territory to the city and county of Denver.
Provides for the repeal of these provisions created in this act five years after these provisions take effect.
APPROVED by Governor May 22, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1328 Powers - prohibit minors from possessing tobacco. Authorizes a board of county commissioners to enact a resolution or an ordinance that prohibits a minor from possessing cigarettes or tobacco products.
APPROVED by Governor April 2, 1998
EFFECTIVE July 1, 1998
H.B. 98-1390 Joint zoning boards of adjustment - authorization. Authorizes the governing bodies of a municipality and the county or counties in which it is located to enter into an intergovernmental agreement to establish a joint zoning board of adjustment if such governing bodies have entered into an intergovernmental agreement for the purposes of joint participation in land use planning, subdivision procedures, and zoning.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
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