S.B. 02-7 Commissioner districts - alteration based on precinct changes - mandatory public hearing - inmates in correctional facilities. States that county commissioners' districts shall be as nearly equal in population as possible based on the most recent federal census minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year.
States that when the board of county commissioners establishes or alters commissioners' districts after each federal census to assure that the districts are as nearly equal in population as possible, the population of the county shall be calculated using the data of the federal census minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year.
States that when the electors of a county change the number of county commissioners or the method of electing commissioners by referendum or initiative and the board of county commissioners creates new commissioners' districts as nearly equal in population as possible, the population of the county shall be calculated using the data of the federal census minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year.
Allows the board of county commissioners to alter commissioner districts more often than once every 2 years based on changes in precinct boundaries when necessary to ensure that no precinct is located in more than one district.
Requires the board of county commissioners to hold a public hearing on proposed changes in commissioner districts at least 30 days before making such changes.
APPROVED by Governor March 27, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-28 Surveyors - vacancy - appointment of nonresident. States that if a vacancy occurs in the office of county surveyor, the board of county commissioners shall, no later than 90 days after the vacancy occurs, appoint some suitable and qualified person, who need not be a resident of the county, to fill the vacancy until the next general election.
APPROVED by Governor March 22, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-31 Classification of counties - Custer county. Changes Custer county from a category V to a category IV county for purposes of establishing salaries of county officers.
APPROVED by Governor March 5, 2002
EFFECTIVE March 5, 2002
S.B. 02-143 County treasurer - recommendations or findings in audits - report to board of county commissioners - penalties. Requires a county treasurer to promptly address any recommendations or findings contained in any audit conducted of the treasurer's office and to report to the board of county commissioners on the disposition of the recommendations or findings no later than 90 days after issuance of the final audit report. Subjects the treasurer to penalties for contempt of court for failure to satisfy these requirements.
Specifies that if a county treasurer fails, neglects, or refuses to perform the duties of the treasurer as set forth in law, the treasurer is subject to certain fines and may be removed from office.
APPROVED by Governor March 22, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-166 Coroners - salary - reimbursement of expenses - additional compensation for post-mortem examination. Sets the salaries of county coroners whose terms begin on or after January 1, 2002. States that the board of county commissioners in each county sets salaries only for county coroners whose terms begin before January 1, 2002. States that the salaries of county coroners whose terms begin on or after January 1, 2002, are set by law.
Requires the board of county commissioners to reimburse coroners for expenses related to travel by the coroner for the purpose of testifying as a witness or acting in any other official capacity in any legal proceeding involving a death investigated by that coroner. States that this reimbursement may include a mileage allowance and actual and necessary lodging, subsistence, and incidental expenses. Specifies that the reimbursement shall be paid out of the county treasury.
Permits the board of county commissioners to provide additional compensation from the county treasury to a coroner who performs a post-mortem examination of the body of a deceased person.
APPROVED by Governor April 22, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1007 Coroners - removal of corneal tissue. Eliminates the authorization for coroners to permit the removal of corneal tissue from decedents in specified circumstances.
APPROVED by Governor March 13, 2002
EFFECTIVE March 13, 2002
H.B. 02-1119 County clerk and recorder - electronic filing - electronic notary - appropriation. Authorizes a county clerk and recorder to accept all documents that may be recorded by electronic filing. Allows a clerk and recorder to electronically store recorded documents. Permits a clerk and recorder to electronically forward documents to the office of the county assessor. Allows a clerk and recorder to maintain electronic indices.
Requires a clerk and recorder to endorse specified information upon a document as soon as practical after a document has been received. Establishes that a document shall be deemed accepted as of the date and time of such endorsement. Permits a clerk and recorder to make electronic endorsements on such documents within established deadlines. Requires an electronic endorsement by a clerk and recorder to be immediately perceptible and reproducible. Allows a clerk and recorder to electronically return recorded documents to authorized persons.
Requires a clerk and recorder who decides to accept electronic filings to establish procedures for such filings, but only after he or she has considered the recommendations made by the clerk and recorder electronic filing technology fund advisory panel (panel). Prohibits a clerk and recorder from accepting electronic filings until the procedures for electronic filings have been made publically available. Authorizes a clerk and recorder to designate the method by which he or she will accept fee payments for electronic filings.
Requires a clerk and recorder to collect a one dollar surcharge for each filing he or she receives after September 1, 2002. Mandates that 50 cents out of each dollar shall be credited to the clerk and recorder electronic filing technology fund (fund). Allows a clerk and recorder to keep the remaining 50 cents to be utilized to defray the costs of implementing and providing electronic filing and recording capabilities, or to credit the 50 cents to the fund. Exempts certain electronic filings by a county from the surcharge. Repeals the surcharge on July 1, 2005.
Creates the fund for the purpose of making grants to counties that otherwise lack sufficient resources to purchase the technology necessary for a clerk and recorder to accept electronic filings. Prohibits the transfer of moneys in the fund to the general fund or any other fund of the state.
Creates the panel in the department of state. Requires the secretary of state (secretary) to appoint 5 members to the panel, with each member serving a 4-year term. Requires the panel to meet at least 2 times each year to make grants from the fund to counties consistent with the purpose of the fund. Requires the secretary to promulgate the rules for the grant application process and any other rules necessary to implement the panel. Repeals the panel on July 1, 2006.
Creates the elements of an electronic signature of a notary public (notary). Requires the secretary to promulgate the rules necessary to establish standards, procedures, practices, forms, and records relating to a notary's electronic signature.
Makes the following conforming amendments to the "Notaries Public Act" to permit an electronic notary signature:
Appropriates $522,714 and 0.1 FTE to the department state for implementation of this act, of which, $520,834 shall be from the fund and $1,880 shall be from the notary administration cash fund.
APPROVED by Governor May 30, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1224 Local improvement districts - use of sales tax for informational products and materials. Defines "informational products and materials" to mean any marketing or advertising device used to promote the general development of business within a local improvement district, but does not include any marketing or advertising device used to promote a single store or company. Allows a district to use a district sales tax to produce and distribute informational products and materials.
APPROVED by Governor April 19, 2002
EFFECTIVE April 19, 2002
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