Government - Municipal - Digest of Bills

Digest of Bills - 1999

GOVERNMENT - MUNICIPAL
S.B. 99-5 Fire and police pensions - acquisition of service credit. Allows members of the fire and police pension association who are covered by the statewide defined benefit plan on and after January 1, 2000, to purchase service credit for public safety employment not covered by the plan and for periods of active duty in the uniformed services of the United States. Limits the number of years of service credit that may be purchased for periods of active duty in the uniformed services to 5 years. Requires service credit to be purchased for periods of not less than one year. Specifies conditions to be met in order to purchase service credit.

Clarifies that, in order to restore prior service credit of any member who terminates service with the statewide defined benefit plan and who subsequently returns to service as a member of the association, the member must pay interest on the returned refunded contributions from the date of refund to the date of return according to terms and conditions established by the board.

APPROVED by Governor March 15, 1999
PORTIONS EFFECTIVE August 4, 1999, January 1, 2000
NOTE: (1)Section 1 of this act shall take effect January 1, 2000, unless a referendum petition is filed during 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. If such a referendum petition is filed against section 1 of this act or an item, section, or part of section 1 of this act within such period, then section 1 of the act, or the item, section, or part of section 1, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) Section 2 of 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 section 2 of this act or an item, section, or part of section 2 of this act within such period, then section 2 the act, or the item, section, or part of section 2, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

S.B. 99-32 Fire and police pensions - disability benefit options - relocation of provisions. Relocates the statutory provisions regarding the 3 reduced annual disability benefit options with survivor benefits that a member may elect in lieu of the normal annual disability benefit for occupational disability and on-duty disability. Relocates the provisions that specify a disability benefit option for occupational disability and on-duty disability if a member is awarded occupational or on-duty disability, is survived by a spouse or dependent child, and dies before making an election. Relocates the provisions that specify when an option election for disability benefits becomes irrevocable.

APPROVED by Governor March 15, 1999
EFFECTIVE January 1, 2000
NOTE: This act shall take effect January 1, 2000, unless a referendum petition is filed during 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. If such 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. 99-1062 Fire and police pensions - increase in total disability benefits - options in lieu of normal benefits. Increases the normal annual disability benefit for total disability of members of the statewide death and disability plan for firefighters and police officers from up to 60% of a member's salary to 70% of the member's salary. Eliminates the increases in total disability benefit amounts for dependent children and spouses. Relocates and modifies the 3 annual disability payment options with survivor benefits that a member may elect in lieu of the normal annual disability benefit for total disability.

Allows a member to elect a different disability benefit option once within 90 days of receiving written notice from the board of directors of the fire and police pension association.

APPROVED by Governor March 5, 1999
EFFECTIVE January 1, 2000
NOTE: This act shall take effect January 1, 2000, unless a referendum petition is filed during 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. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then this 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. 99-1063 Fire and police pensions - survivor benefits - remarriage of spouse. Eliminates the termination upon remarriage of benefits paid under the statewide death and disability plan to a surviving spouse of a fire and police pension association member who dies while in active service.

APPROVED by Governor April 22, 1999
EFFECTIVE January 1, 2000
NOTE: This act shall take effect January 1, 2000, unless a referendum petition is filed during 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. If such 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. 99-1099 Incorporation proceedings - area of more than 75,000 inhabitants - priority over annexation. Creates an exception to the prohibition on commencing a municipal incorporation for all or a part of an area that is subject to a prior municipal annexation proceeding by allowing such an incorporation petition to be filed if the area to be incorporated contains more than 75,000 inhabitants.

Authorizes a municipal incorporation petition for a particular area to be filed after the effective date of an annexation ordinance that annexes all or a part of that area if the petition is filed prior to the expiration of the 60-day period for review of the annexation or after a review proceeding on such annexation ordinance has been commenced but before the date a judicial declaration or final judgment, including an appellate judgment, is entered in such a review proceeding.

Specifies that this act applies to any annexation petition or petition for incorporation that is pending on or after February 1, 1999, and to any annexation ordinance that is subject to judicial review on or after February 1, 1999, whether or not such review is sought after said date.

APPROVED by Governor February 1, 1999
EFFECTIVE February 1, 1999

H.B. 99-1122 Municipal regulation of businesses outside municipal boundaries - limitations - review and comment. Limits the authority of municipalities to prohibit offensive or unwholesome businesses, to prohibit the carrying on of any business in an offensive and unwholesome manner, and to direct the location and regulate the management and construction of specific agricultural businesses to those businesses that are within the limits of the municipality rather than those businesses that are within or within one mile beyond the municipal limits.

Requires boards of county commissioners to refer any proposed land use decision involving certain business or agricultural activities within one mile of a municipality's boundaries to the governing body of the municipality for review and comment.

APPROVED by Governor March 17, 1999
EFFECTIVE July 1, 1999

H.B. 99-1326 Urban renewal. Clarifies the circumstances under which an area can be designated as "blighted" for purposes of urban renewal. Includes goodwill and lost profits as among the reasonable relocation payments that the governing authority may make to a business concern that has been displaced by an urban renewal project. Requires the boundaries of an area determined to be blighted to be drawn as narrowly as the governing body determines feasible to accomplish the planning and development objectives of the proposed urban renewal area. Promulgates additional requirements concerning timing, notice, and relocation of business concerns that must be followed before a governing body may approve an urban renewal plan. Requires the municipality in which an urban renewal authority has been established to timely notify the assessor of the county in which such authority has been established when certain urban renewal plans have been approved, any outstanding obligation incurred by that authority have been paid off, and the purposes of such authority have otherwise been achieved.

APPROVED by Governor May 3, 1999
EFFECTIVE May 3, 1999