Digest of Bills - 2001

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GOVERNMENT - COUNTY
S.B. 01-38 County subdivision regulations - fair-share reimbursement. Authorizes counties to adopt subdivision regulations that entitle subdividers to fair-share reimbursement of the cost of required improvements to be paid, less any county reimbursement, by the owners of subsequently developed property that is adjacent to or has presumed use of the improvements.

        Requires the regulations to set a period, not to exceed 15 years from the time of completion of the improvements, for seeking reimbursement.

        Permits the regulations to entitle subdividers to interest on the amount to be reimbursed.

APPROVED by Governor March 29, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

S.B. 01-102 City and county of Broomfield - statutory modifications necessary for operation. Makes modifications that are necessary for the operation of the city and county of Broomfield (Broomfield) on and after November 15, 2001.

        Establishes classifications for county fee structures, clarifies that Broomfield is a member of certain special districts, and reiterates Broomfield's constitutional powers to appoint county officers and to delegate the duties of county commissioners to boards and commissions as follows:

        Classification of Counties

• Classifies, based on population, Broomfield as a county of the fourth class for the purpose of fixing fees for treasurer, county clerk and recorder, and sheriff.
• Classifies, based on population, Broomfield as a Class 3 county for the purpose of setting fees and salaries for public trustee.
• Designates the city of Broomfield as the county seat for the city and county of Broomfield.

        Special Districts

        Regional Transportation District

• Includes Broomfield, with the exception of the portion of Weld county that was annexed by the city of Broomfield before May 25, 1994, in the regional transportation district. Allows the annexed area of Weld county, or any portion thereof, to be included in the regional transportation district.

        Urban Drainage and Flood Control District

• Includes Broomfield in the definition of "county" for the purpose of the "Urban Drainage and Flood Control Act".
• Includes Broomfield in the area comprising the urban drainage and flood control district.
• Increases the number of directors on the board of directors of the district from 15 to 16.
• States that one person shall be appointed to the board of directors of the district by the city council of Broomfield.

        Denver Metropolitan Scientific and Cultural Facilities District

• Modifies the definition of "county cultural council" for purposes of the "Scientific and Cultural Facilities District Act" to include a council comprised of members appointed by the Broomfield city council.
• Increases the number of directors on the board of directors of the Denver metropolitan scientific and cultural facilities district from 9 to 10. Specifies that one director to the board shall be appointed by the Broomfield city council.

        Division of Authority Over Streets

• Adds Broomfield to those cities in which the department of transportation must install, operate, maintain, and control traffic control signals, signs, and traffic control devices.
• Requires the Broomfield city council to annually submit to the transportation commission its priorities for the construction of roads and streets within its jurisdiction on the state highway system and all proposed projects that are not a part of the highway system but that utilize federal funding.
• Specifies that Broomfield shall not be considered a county for the purpose of county allocation of the highway users tax fund.
• Specifies that Broomfield shall continue to be considered a city for the purpose of municipal allocation of the highway users tax fund.

        City Council Performs Duties of County Commissioners

• Specifies that Broomfield shall have the duty of levying property taxes.

        City Council - Appointment of Boards

• Specifies that the county or district board of social services shall be the Broomfield city council or a board or commission appointed by the city council.
• Specifies that the county board of equalization shall be the Broomfield city council or a board or commission appointed by the city council.

        City Council Appoints County Officers

• States that the Broomfield public trustee shall be an equivalent officer as shall be provided by its charter or code.
• States that the annual salary of the Broomfield public trustee or such equivalent officer shall be set forth in Broomfield's annual budget.
• Specifies under the property tax laws that the Broomfield "assessor" and "treasurer" shall be such equivalent officers as shall be provided by its charter or code.
• States that the Broomfield clerk and recorder is designated as the "authorized agent" of the department of revenue for the administration of certain provisions relating to the registration and titling of motor vehicles and manufactured homes and makes conforming amendments.
• Authorizes the Broomfield clerk and recorder to serve on the distributive data processing advisory committee.

        Specifies that the ballot for the registered voters of the city of Broomfield for the odd-year election to be held on November 6, 2001, shall exclude any local ballot issue pertaining to Adams, Boulder, Jefferson and Weld counties that, by the terms of such ballot issue or as mandated by state law, takes effect on or after November 15, 2001. Specifies that the ballot for the registered voters of the city of Broomfield for such election may include any local ballot issue pertaining to the city and county of Broomfield that, by the terms of such ballot issue or as mandated by law, takes effect on or after November 15, 2001.

APPROVED by Governor March 30, 2001

PORTIONS EFFECTIVE March 30, 2001, November 15, 2001

S.B. 01-130 Classification of counties - Douglas county. Reclassifies Douglas county as a county of the second class from a county of the fourth class for purposes of fixing fees to be charged and collected by the county and other officers.

APPROVED by Governor April 12, 2001
EFFECTIVE April 12, 2001

S.B. 01-135 County officers - salaries. Increases salaries for county sheriffs, treasurers, and clerks for terms of office beginning on and after January 1, 2002. Moves Washington county from category V to category IV for purposes of establishing salaries of county officers.

APPROVED by Governor April 20, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1211 Planning - cluster development - land use requirements. Eliminates the requirement that open space be contiguous for a tract in a cluster development. Specifies that no rural land use process shall approve a cluster development that exceeds one residential unit for each 17½ acre increment instead of 2 units for each 35 acre increment.

APPROVED by Governor March 28, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

H.B. 01-1239 County officials - additional offices place of additional meetings of county commissioners. Authorizes county sheriffs, clerk and recorders, treasurers, and assessors to have additional offices outside the county seat, but within the same county. Allows a county assessor to keep his or her office at a location in the county seat provided by the board of county commissioners rather than in the county courthouse.

        Allows meetings in addition to the regular monthly meeting of a board of county commissioners of a large county to be held outside the county seat.

APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001

H.B. 01-1288 Fees of sheriffs - increase in civil fees collected. Increases certain civil fees collected by county sheriffs to specified amounts.

APPROVED by Governor April 20, 2001
EFFECTIVE July 1, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.

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