S.B. 03-96 County and Municipality Development Revenue Bond Act - definitions. Makes the following modifications to the definitions section of the "County and Municipality Development Revenue Bond Act" (Act):
● Modifies existing language to exclude "other working capital" as among the types of enumerated assets that form part of the definition of "project" under the Act.
● Expands a provision in the Act listing facilities for the furnishing of water as among the uses of various assets that constitute a project to include facilities for the storage of water.
● Expands a provision in the Act listing facilities for private institutions of higher education as among the uses of various assets that constitute a project to include facilities for private and not-for-profit educational institutions.
Modifies the legislative declaration in the Act to further specify the enumerated list of types of business enterprises that the general assembly intends to locate, expand, or remain in the state by means of the Act.
APPROVED by Governor March 20, 2003
EFFECTIVE July 1, 2003
S.B. 03-326 Modifications to Colorado Library Law - establishment of regional library authorities - creation of Library Capital Facilities Districts Act - creation of Children's Internet Protection Act. In connection with the "Colorado Library Law":
● Clarifies the duties of the state librarian with respect to the state library and other publicly-supported libraries in the state.
● Authorizes the state librarian to make reasonable rules for state institutional libraries. Expands the duties of the state librarian to include the development and promulgation of service standards for school, public, and institutional libraries.
● Makes the state librarian, instead of the state board of education, the state agency to receive and administer state or federal funds that may be appropriated to further library development within the state.
● Clarifies existing statutory provisions governing the formation of new libraries to include the formation of new library districts.
● Specifies that the costs of the election to form a library district may be assumed by an existing library where the assumption of the costs has been approved by the board of trustees of the library.
● As part of the initial appointment of the board of trustees of public libraries, specifies that in a library district appointed by one governmental unit, the governing body of the governmental unit shall decide the number of members to be appointed to a committee that shall appoint the initial board of trustees. Clarifies that, in the case of a library district, the length and number of terms of a trustee are set by the bylaws adopted by the board.
● Modifies public-reporting requirements applicable to specified libraries and any library district. Expands the reporting requirements applicable to the board of trustees of every public library.
● Authorizes any combination of 2 or more governmental units acting through their governing bodies by contracting with or among each other to form a separate governmental entity to be known as a regional library authority. Specifies that the authority may be used by the contracting parties to effect the acquisition, construction, financing, operation, or maintenance, of publicly-supported library services on a regional basis within the jurisdiction of the authority. Specifies procedures to be followed in connection with the establishment of the authorities. Specifies items that shall be included in any contract establishing the authority.
● Specifies general powers of the authority.
● Permits the authority to levy, in all of the area within the boundary of the authority, a sales or use tax, or both, at a rate not to exceed 1%. Specifies that any sales tax authorized shall not be levied on the sale of tangible personal property under specified conditions. Authorizes the authority to levy, in all of the area within the boundaries of the authority, an ad valorem tax. Specifies procedures to be followed in connection with the collection, administration, and enforcement of these taxes. Specifies that no action by the authority to establish or increase any tax shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority in which the tax is proposed to be collected. Specifies procedures governing the elections.
● Clarifies that, whenever the board of trustees of a library district determines that the interest of the district and the public interest or necessity requires the creation of general obligation indebtedness of a particular county on behalf of the district, the board of trustees shall adopt a resolution requesting the board of county commissioners of said county to submit the question of creating such indebtedness at the next general election or on the election held on the first Tuesday in November of odd-numbered years. Requires the board of county commissioners to either adopt the resolution subject to mutually agreed upon changes or reject the resolution. When the board of county commissioners adopts the resolution, it shall order an election on the question of incurring said indebtedness. Specifies procedures to be followed in connection with the conduct of said election.
● Authorizes a library district to issue general obligation indebtedness in its own name to finance the acquisition, construction, expansion, or remodeling of any real or personal property for library purposes of the district. Specifies that the district shall submit to the registered electors residing in the district the question of whether the district shall incur the proposed indebtedness. Specifies that the process of incurring the debt shall commence with the passage of a resolution. Specifies the contents of the resolution. Specifies procedures to be followed in connection with the conduct of the election.
● In addition to the board of county commissioners, authorizes the board of trustees of a library district to levy an ad valorem tax on all taxable property within the county within which the district is located to pay the indebtedness of the district.
● Specifies the information that shall be included in a contract to receive library service.
● Specifies that a plan for the provision of a regional library service system shall be approved by the state librarian. Specifies that the bylaws of each system shall provide for a governing board. Specifies that the board shall consist of representatives from specified types of publicly-supported libraries participating in the system. Specifies that the bylaws of a regional library service system may provide for membership in the system by libraries that are not publicly-supported. Specifies that the board shall be elected by a system membership council, and further specifies the entities that shall form said council. Eliminates existing statutory provisions preventing the board from holding or acquiring title to its own land or buildings. Clarifies that dissolution of such system shall be undertaken pursuant to regulations established by the state board of education. Clarifies that the membership council may, in its sole discretion by a specified vote, dissolve the system and file with the state library a plan for effectuating such dissolution with the approval of the state board of education.
● In connection with the privacy of library user records, adds an exception to the list of existing statutory provisions authorizing disclosure in the case of a custodial parent or legal guardian who has access to a minor's library card or its authorization number for the purpose of accessing by electronic means library records of the minor.
In connection with statutory provisions governing the state publications depository and distribution center:
● Requires the center to ensure that all state publications are available to residents of Colorado through a system of depository libraries. Specifies the purposes of the center.
● Specifies the manner by which copies of various state publications, whether produced in print or in electronic form, are to be deposited with the center.
● Requires the center to coordinate permanent public access to state publications with state agencies, depository libraries, or other entities.
● Requires the center to maintain an on-line catalog providing free public access to state publication records.
In connection with statutory provisions governing the Colorado computer information network:
● Renames the network as the Colorado virtual library (library).
● Requires the library to provide electronic resources to libraries. Specifies required components of the library. Subject to available appropriations, requires the state librarian to procure on-line databases necessary to provide on behalf of all publicly-supported libraries indexes and databases that are a required component of the library.
● Provides that access to the library by any person within the state shall be through the world wide web or successive technology.
Creates the "Library Capital Facilities District Act". In connection with the act:
● Authorizes the board of trustees of a library district to establish one or more facilities districts within the boundaries of the library district for the purpose of financing the acquisition, construction, installation, operation, or maintenance of any real or personal property, improvement, or facility, including, without limitation, land, buildings, site improvements, equipment, furnishings, or collections that are directly related to any service that a library district is authorized to provide, together with any necessary costs related to the acquisition, construction, installation, operation, or maintenance of the property, improvement, or facility.
● Specifies procedures to be followed in connection with the organization of a library capital facilities district. Requires a public hearing prior to the establishment of the facilities district, after notice, and specifies the contents of the notice. Authorizes the board of trustees to order that the question of the organization of the facilities district, the issuance of bonds, or other matters for which voter approval is required be submitted to the registered electors residing within the boundaries of the proposed facilities district. Specifies procedures to be followed in connection with the conduct of the election.
● Specifies that, at the election, the registered voters residing within the boundaries of the proposed facilities district shall vote for or against the organization of the district and other matters, including, without limitation, the issuance of bonds of the library district or facilities district or other matters for which voter approval is required under the TABOR amendment to the state constitution.
● Specifies that the board of trustees of the library district that creates the facilities district shall constitute the governing body of the facilities district. Specifies the powers and duties of the board as the governing body of the facilities district.
● Specifies general powers of the facilities district. Subject to the voter approval requirements of the TABOR amendment to the state constitution, authorizes the board of trustees to levy and collect ad valorem taxes on and against all taxable property located within the boundaries of the facilities district. Specifies that the rate of levy to be submitted to the registered electors for their approval shall be specified in the resolution creating the facilities district.
● Authorizes the governing body to fix a rate of levy upon the taxable property within the facilities district to finance organizational expenses of the facilities district and costs incurred in connection with the acquisition, financing, installation, operation, or maintenance of library capital facilities. Authorizes the governing body to make additional levies as necessary to cover deficiencies.
● Authorizes the governing body to issue bonds of the library district or facilities district for the purpose of financing the acquisition, construction, installation, operation, or maintenance of library capital facilities. Specifies certain required procedures to be followed in connection with the issuance of the bonds.
● Specifies procedures to be followed in the case of the dissolution of a facilities district. Specifies that income or other revenues of the library or facilities district, any property owned by the library or facilities district, and any income from any bonds issued by the library or facilities district shall be exempt from taxation. Requires any legal or equitable action brought with respect to certain acts or proceedings in connection with certain action taken under the act to be commenced within 30 days after the performance of such action.
Creates the "Children's Internet Protection Act". In connection with the act:
● Requires the governing body of each school district by December 21, 2003, to adopt and implement a policy of internet safety for minors that includes the operation of a technology protection measure for each computer operated by the school district that allows for access to the internet by a minor. After the adoption and implementation of the internet safety policy, requires the governing body of each school district to continue to enforce the operation of the technology protection measure for each computer operated by the school district that allows for access to the internet by a minor.
● Allows the technology protection measure to be temporarily disabled to enable access to the internet by an adult for bona fide research or other lawful purposes or by a minor for bona fide research or other lawful purposes where the internet use is supervised by an administrator, supervisor, or other authorized person.
● Provides that the requirements of the act pertaining to internet protection shall not be construed to apply to any library facility maintained by any postsecondary educational institution. Provides that nothing in the requirements shall be construed to require any additional action on the part of any school district that is already in compliance with the requirements of the act as of July 1, 2003.
● Precludes the state board of education from waiving any of the internet safety requirements contained in the act.
● Precludes a charter school from operating free of the internet safety requirements contained in the act.
Repeals existing statutory provisions concerning metropolitan library districts and participation by established libraries.
APPROVED by Governor June 5, 2003
EFFECTIVE August 15, 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. 03-1077 Resolution of disputes - petition for annexation of land located within the boundaries of a development plan. Requires the parties to an intergovernmental agreement establishing a development plan to provide notice and a copy of the agreement, together with a map demonstrating the territory covered by the agreement, to each neighboring jurisdiction.
Requires each municipality that has received a petition for annexation that covers territory included within the boundaries encompassed within a development plan to which the municipality is not a party and that has received notice and a copy of the plan to provide to the parties to the development plan written notice of the petition for annexation and a copy of the petition prior to the referral of the petition by the municipal clerk to the governing body of the municipality. Where any portion of the area to be annexed under the petition is located within the boundaries of a development plan, requires each neighboring jurisdiction that is a party to such plan to file with the governing body of the annexing municipality a written objection to the petition no later than 30 days after receipt of the petition. In the written objection filed, authorizes the neighboring jurisdiction to additionally request that the annexing municipality participate in a mediation of the dispute arising out of the petition with the assistance of a qualified professional from the list of such professionals maintained by the department of local affairs. Requires the annexing municipality to participate in the mediation upon the request of any neighboring jurisdiction that is a party to the development plan.
Prohibits a municipal clerk from referring to a petition for annexation to the governing body of the municipality for any action until the mediation is completed or not less than 90 days have passed from the date on which the municipality was notified of a request to mediate by a neighboring jurisdiction in accordance with the requirements of the act.
Specifies that the costs of obtaining the assistance of a qualified professional for the mediation are to be assumed by the neighboring jurisdiction requesting the mediation. Where more than one neighboring jurisdiction requests the mediation, specifies that the costs of obtaining the assistance of a qualified professional are to be allocated pro rata between or among all such jurisdictions.
APPROVED by Governor April 9, 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. 03-1124 Local government budget law - expenditures - exclusion of pass-through moneys. Clarifies that, for purposes of the "Local Government Budget Law of Colorado", the term "expenditure" does not include the payment or transfer of moneys by the office of the public trustee that are received from and required to be paid to another person or entity.
APPROVED by Governor March 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.
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