Government - County - Digest of Bills

Digest of Bills - 2004

GOVERNMENT - COUNTY

S.B. 04-47 County clerk and recorder - filings - deadlines - exceptions. Requires a county clerk and recorder to:

● Make legible size prints of all recorded instruments on demand for a fee at any time after the first 3 business days after a document is recorded;

● Properly list a recorded document on the grantor and grantee index as soon as practicable but not later than 7 business days from the date on which it is endorsed;

● Endorse any document that is received by 1 p.m. on a business day by the end of that day;

● Endorse any document that is received after 1 p.m. by 5 p.m. on the following business day.

Permits a clerk and recorder to extend the foregoing deadlines for a reasonable period if an extenuating circumstance prevents the clerk and recorder from meeting the deadlines.

APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004

S.B. 04-188 Speeding violations - surcharge - Colorado traumatic brain injury trust fund. Specifies that the surcharge on fines for violation of certain county ordinances that is paid to the Colorado traumatic brain injury trust fund shall be imposed only on persons convicted of operating a vehicle in excess of the speed limit. Reduces the amount of the surcharge from $12 to $10.

APPROVED by Governor May 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 04-219 County clerk and recorder - filing surcharge - electronic filings. Makes the following changes to the surcharge (surcharge) related to electronic filing capabilities that is collected for each document received for recording or filing by a county clerk and recorder:

● Requires the surcharge, which is set to expire on June 30, 2005, to be collected through June 30, 2007.

● Raises the amount of the surcharge from at least 50 cents to one dollar.

● Establishes new uses by the county clerk and recorder of the moneys retained from the surcharge.

Authorizes the general assembly to appropriate moneys in the clerk and recorder technology fund, which was formerly called the clerk and recorder electronic filing technology fund, to either the clerk and recorder technology panel (panel), which was formerly called the clerk and recorder electronic filing technology fund advisory panel, or the secretary of state, instead of just the panel. Changes the ways that the panel may use moneys from the fund.

Grants powers to the secretary of state to ensure uniformity among electronic filing systems, including the power to:

● Assist a clerk and recorder in conducting certain assessments;

● Provide certain training;

● Provide accounting services and staffing for the panel;

● Establish a statewide purchasing network (purchasing network) for the acquisition of hardware, software, and services related to an electronic filing system; and

● Promulgate rules in specified areas, which is an expansion of the rule-making authority that the secretary of state currently has in this area.

Permits the secretary of state to establish standards by which a county officer other than a county clerk and recorder may voluntarily become part of the purchasing network for the acquisition of hardware, software, and services related to the administration of the officer's duties.

APPROVED by Governor May 27, 2004
EFFECTIVE July 1, 2004

H.B. 04-1129 Property taken for delinquent taxes - sale - lease - retention. Requires a county treasurer to post a notice of sale of personal property seized by the county for delinquent taxes within 180 days after the property is seized. If the amount bid at the sale is less than the minimum price, requires the county treasurer to sell the property within 150 days in the manner prescribed by the board of county commissioners.

Prohibits the county from operating a business seized for delinquent taxes.

States that when real property is conveyed to a county for delinquent taxes, the board of county commissioners may:

● Retain the property for a stated public project;

● Lease the property to a nonprofit entity affiliated with the county; or

● Sell the property within one year for the highest and best bid; except that the board may reject a bid that is less than the assessed value of the property.

Requires the notice of sale of real property by a county to state that if the property is at least 50 years old, it may be eligible for inclusion in the state register of historic properties or designation as a landmark and may be eligible for rehabilitation grants and incentives.

APPROVED by Governor March 17, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 04-1341 Sheriff fees. On and after July 1, 2004, authorizes fees collected by sheriffs for committing and discharging convicted prisoners to and from the county jail to be raised to a reasonable fee, not to exceed $30. Requires each county to expend an amount equal to 20% of the revenues generated annually from the fee for the administration of a community-based treatment program, if the county has established, or chooses to establish, such a program. Requires each county to expend an amount equal to 20% of the revenues generated for training of sheriffs and local law enforcement officers. Requires each county to expend the balance of the revenues on law-enforcement-related expenditures to defray the costs of processing prisoners into and out of custody.

APPROVED by Governor April 23, 2004
EFFECTIVE July 1, 2004

H.B. 04-1401 City and county of Broomfield - boundaries. Describes the territorial boundaries of the city and county of Broomfield, as it was created pursuant to provisions of the state constitution. Redefines the areas of the counties of Adams, Boulder, Jefferson, and Weld to exclude those portions that are designated as part of the city and county of Broomfield.

APPROVED by Governor April 23, 2004
EFFECTIVE April 23, 2004

H.B. 04-1413 FY 2004-05 budget reduction bill - county clerk and recorder - surcharge - electronic filings. Makes the following changes to the one dollar surcharge that is collected by a county clerk and recorder on each document received for recording or filing and that is set to expire on July 1, 2005:

● Eliminates the portion of the surcharge that was transmitted to the state for the purpose of making grants to counties to defray the costs of providing the technology necessary to accept electronic filings.

● For the 2004-05 fiscal year, requires a county clerk and recorder to collect a surcharge of up to 50 cents to be used to defray the costs of implementing and providing electronic filing and recording capabilities.

Eliminates the requirement that a clerk and recorder transmit to the state treasurer any moneys that were retained for the purpose of defraying the costs of implementing and providing electronic filing and recording capabilities but were not used by January 1, 2006. Eliminates the repeal of the statutory section that created the surcharge.

APPROVED by Governor May 12, 2004
EFFECTIVE May 12, 2004