S.B. 03-29 Compensation of county officers - pay schedule - county officers paid at least one time each month. Changes the pay schedule for deputies, assistants, and employees appointed by the county clerk and recorder, county treasurer, county assessor, and county coroner from monthly to at least once each month. Changes the pay schedule for undersheriffs and deputy sheriffs appointed by county sheriffs from monthly to at least once each month.
APPROVED by Governor March 28, 2003
EFFECTIVE July 1, 2003
S.B. 03-35 Classification of Alamosa county. Changes Alamosa from a category IV county to a category III county for purposes of establishing salaries of county officers.
APPROVED by Governor March 28, 2003
EFFECTIVE March 28, 2003
S.B. 03-42 County clerk and recorder - exclusion from surcharge. Clarifies that the one dollar surcharge collected on each document received for recording or filing in a county clerk and recorder's office shall not apply to any filing received by the clerk and recorder as an authorized agent of the executive director of the department of revenue.
APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003
S.B. 03-67 Procedures to be followed in connection with the merging of parcels of land. Requires that where a county merges 2 or more parcels of land for the purpose of eliminating interior lot lines, obsolete subdivisions, or otherwise, county subdivision ordinances, regulations, or resolutions shall provide that:
● Prior to the completion of the merger, in addition to any public notice required under law, the county is required to send notice of the county's intent to complete the merger to the owner of each of the affected parcels by certified mail.
● Requires the notice to specify that each such owner may request a hearing on the proposed merger and to specify action to be taken by the owner to request the hearing, including, without limitation, the requirement that the owner is required to request the hearing within 120 days of the date of the required notice.
● Prior to the completion of the merger, where the owner of each affected parcel has timely requested a hearing on the proposed merger, provides that a public hearing on the merger is to be held before the board of county commissioners of the county. Specifies that the hearing is to be conducted for the purpose of allowing the board to discuss with the owner of each affected parcel its reasons for proceeding with the merger and to give each owner the opportunity to submit any basis provided under law for challenging the merger. States that, in such case, notice of the time, place, and manner of the hearing is to be provided to the owner of each affected parcel and is also to be published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of the hearing.
● Where the owner of each affected parcel fails to timely request a hearing on the proposed merger, specifies that no such hearing is required, and the affected parcels shall be merged in accordance with the requirements of the act.
● In order to give the owner of the parcels the opportunity to take whatever remedial action is allowed under law, specifies that the hearing authorized by the act is to take place no sooner than 90 days after the required notice of the hearing.
● Specifies that no merger of parcels shall be effective unless the owner of the parcels has given consent to the merger of the parcels and the merger has been approved by a majority of the board of county commissioners.
● Specifies that, upon completion of any merger of parcels in accordance with the requirements of the act, the county shall, for purposes of the levying and collection of the tax on real and personal property, assess the merged parcels as one parcel of real property and file of record a notice of merger in the office of the clerk and recorder of deeds for the county in which the merged parcels of real property are located. Specifies that such notice shall constitute prima facie evidence that all of the requirements of the act have been satisfied.
● Specifies that the requirements of the act do not apply to any merger of parcels of land that is requested in writing by each owner of an affected parcel.
● Specifies that nothing in the act shall be construed to abrogate or otherwise diminish or expand any rights a landowner may have under existing statutory provisions pertaining to vested property rights.
APPROVED by Governor April 17, 2003
EFFECTIVE October 1, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-344 Retirement plan or system - audit. Requires the state auditor to conduct a financial audit of any retirement plan or system of retirement benefits established and maintained by any county in conjunction with another county. Specifies the contents of the audit. Requires the results of the audit to be reported to the legislative audit committee, the speaker of the house of representatives, the president of the senate, and the boards of county commissioners of each county that participates in the plan or system.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
H.B. 03-1018 Limit on aggregate amount of indebtedness to be issued by a county. Authorizes county governments to increase the limit on the aggregate amount of indebtedness that may be issued by a county, currently set at one and one-half percent of the valuation for assessment, to 3% of the actual value, as determined by the assessor, of the taxable property in the county.
APPROVED by Governor March 20, 2003
EFFECTIVE March 20, 2003
H.B. 03-1105 Coroners - qualifications - training. States that to be eligible for the office of coroner, a person must:
● Be a United States citizen and a resident of the state and of the county in which the person will serve as coroner;
● Have a high school diploma or its equivalent or a college degree; and
● Have a set of fingerprints taken by a law enforcement agency.
Requires a person nominated for the office of coroner to submit proof that fingerprints were taken along with the written acceptance of the nomination. States that a county may not appoint a person to fill a vacancy in the office of coroner unless the person has submitted proof that fingerprints were taken.
Directs a law enforcement agency that takes fingerprints from a coroner nominee or appointee to submit the fingerprints to the Colorado bureau of investigation (CBI). Directs the CBI to analyze the fingerprints and available records to determine if the person has ever been convicted of or pled guilty or nolo contendere to a felony. States that a person who has been convicted of or pled guilty or nolo contendere to a felony is ineligible for the office of coroner unless pardoned.
Creates the Colorado coroners standards and training board (C.C.S.T. board) in the department of public health and environment (department). Specifies that the C.C.S.T. board shall have 8 members:
● A coroner of a county with a population of 50,000 or more;
● A coroner of a county with a population of less than 50,000 but more than 15,000;
● A coroner of a county with a population of 15,000 or less;
● A county commissioner of a county with a population of 50,000 or more;
● A county commissioner of a county with a population of less than 50,000;
● A pathologist who performs postmortem examinations and is a member of the Colorado medical society;
● A chief of police or a county sheriff; and
● A district attorney.
Specifies that the governor shall appoint the members of the C.C.S.T. board for staggered 3-year terms.
Authorizes the executive director of the department to accept gifts, grants, and donations to cover the costs of establishing and operating the C.C.S.T. board. States that if the total amount of such gifts, grants, and donations is less than $20,000 on July 1, 2005, the provisions on the C.C.S.T. board and the training requirements for coroners shall be repealed.
Directs the department, in coordination with the C.C.S.T. board, to hire an independent contractor to administer the C.C.S.T. board.
Directs the C.C.S.T. board to develop a training course for new coroners, approve the qualifications of teachers, and approve training programs for annual in-service training.
Requires a new coroner to attend a training course unless the C.C.S.T. board decides that the coroner's education, training, and experience satisfy the training requirement. Requires new coroners to obtain certification in basic medical-legal death investigation.
Requires each coroner to complete annual in-service training unless the C.C.S.T. board decides that the coroner's education, training, and experience satisfy the training requirement.
States that each county shall pay the costs of training for its coroner. Specifies that the fees charged by the C.C.S.T. board for training programs may include the costs of establishing and operating the C.C.S.T. board.
Creates the coroner training fund, in which gifts, grants, donations, and fees for training programs shall be deposited.
Directs the board of county commissioners to suspend the salary of a coroner who fails to comply with the training requirements. Requires the board of county commissioners to reinstate the salary with back pay when a coroner complies with the requirements.
APPROVED by Governor May 21, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1111 County government authority - violations of the county's building code. Repeals and reenacts the existing statutory section containing penalty provisions for violations of a county's building code to more closely mirror the existing statutory section containing penalties for violations of a county's zoning resolutions. Among other things, the repealed and reenacted section:
● Makes it unlawful to erect, construct, reconstruct, or alter any building or structure in a manner that violates a legally enforceable building code.
● Preserves existing statutory provisions specifying that any person, firm, or corporation violating the building code is guilty of a misdemeanor and, upon conviction, is to be punished by a fine not to exceed $100 or by imprisonment of not more than 10 days, or by both such fine and imprisonment.
● Makes it unlawful to use any building or structure in violation of a legally enforceable building code. Specifies that any person, firm, or corporation committing such unlawful use is guilty of a misdemeanor and, upon conviction, is to be punished by a fine not to exceed $100 or by imprisonment of not more than 10 days, or by both such fine and imprisonment. Specifies that nothing in the act is to be construed to prohibit the use of any building or structure in violation of an otherwise applicable building code where the use complies with any building code that was in effect at the time the building or structure was erected, constructed, reconstructed, or altered.
● Requires a county building inspector who has personal knowledge of an improper use in violation of the building code to give written notice to the violator to correct the violation within 30 days of the notice. If the violator fails to cure the violation, authorizes the building inspector to request the county sheriff to issue a summons and complaint to the violator. Specifies information to be contained in the summons and complaint. Specifies procedures to be followed in connection with the service of said summons and complaint.
● Places responsibility with the county attorney for enforcing provisions of the act addressing an illegal construction or use. Specifies that the board of county commissioners of the county may appoint the district attorney of the judicial district to perform such enforcement duties in specified circumstances.
● In the case where a building or structure is, or is proposed to be, constructed or used in violation of a legally enforceable building code, authorizes the county attorney in which such building or structure is situated, in addition to any other legal remedies, to institute an appropriate legal action to prevent, enjoin, abate, or remove such construction or use.
Specifies that the provisions of the act apply to offenses committed on or after October 1, 2003.
APPROVED by Governor May 21, 2003
EFFECTIVE October 1, 2003
H.B. 03-1239 Minor boundary adjustments - parks and open space. States that if a county to which territory will be added under the procedure for minor boundary adjustments agrees to use the territory solely for park and open space purposes, the requirement of a petition signed by all landowners of the territory and a hearing by the board of county commissioners does not apply and the prohibition on minor boundary adjustments involving residential territory does not apply.
Eliminates the repeal date of the statute on minor boundary adjustments.
APPROVED by Governor April 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
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