S.B. 04-2 Audits of local governments - exemption. Increases the maximum amount of revenues or expenditures that a local government may have in a fiscal year in order to qualify for an exemption from a local government audit.
APPROVED by Governor April 1, 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. 04-18 Retirement systems - maximum required contribution. Increases the maximum contribution that a county, municipal, or special district retirement plan may require employees to make from 6% to 8% of the employee's basic salary or wage.
APPROVED by Governor March 9, 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. 04-176 Conservation trust fund - local government expenditures - state oversight - appropriation. Authorizes the division of local government in the department of local affairs ("division") to oversee local governments' expenditures of moneys distributed from the state conservation trust fund ("fund") by:
● Authorizing the division to promulgate rules to allow the division to monitor expenditures, require annual reporting, inspect records, encourage compliance through issuance of guidance on allowable expenditures, and enforce compliance through orders, penalties, and withholding of local taxes and fund distributions;
● Requiring local treasurers or other custodians of local conservation trust funds to annually certify that local expenditures comply with standards established in the statute and rules;
● Requiring local governments that commingle fund moneys with nonfund moneys to separately account for such moneys; and
● Allowing the division to recoup its direct and indirect costs in overseeing the fund from the fund.
Specifies that interest earned on investments of local fund revenues remains in the local fund. Applies the act to distributions and expenditures of conservation trust fund moneys occurring on or after July 1, 2004.
Appropriates $112,860 and 2 FTE to the division from the fund for the implementation of the act. Adjusts appropriations made in the 2004-05 long bill.
APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2004
S.B. 04-198 Volunteer firefighter pension plans - state contribution - administration - transfer of duties from fire and police pension association to department of local affairs. Transfers the responsibility for allocating the state contribution moneys to assist in funding volunteer firefighter pension plans from the fire and police pension association (FPPA) to the department of local affairs as of July 1, 2004. Requires the allocation of state funds to each plan to be based on the prior year contributions to the plan by the municipality or fire protection district for which the plan was established. Transfers the responsibility for procuring a volunteer firefighter death and disability insurance policy from the FPPA to the department as of July 1, 2004. Directs the department to develop an application procedure for municipalities and fire protection districts to receive a distribution of state assistance moneys. Authorizes the department to charge an application fee to any municipality or fire protection district that applies to the department for a distribution of the state assistance moneys. Establishes the volunteer firefighter advisory committee and directs the department to consult with the committee in the performance of its duties in connection with the distribution of the state contribution moneys to assist in providing certain benefits to volunteer firefighters.
APPROVED by Governor May 27, 2004
EFFECTIVE July 1, 2004
H.B. 04-1065 Human services referral service - grant of immunity. Immunizes 2-1-1 human services referral service providers and the Colorado 2-1-1 collaborative from certain types of civil liability in a manner similar to the providers of 9-1-1 services.
APPROVED by Governor February 20, 2004
EFFECTIVE February 20, 2004
H.B. 04-1203 Acquisition of private property by eminent domain by urban renewal authority for subsequent transfer to a private party - restrictions - exceptions - right of civil action - damages - limitations on extraterritorial condemnation by municipalities. Except as otherwise provided in the act, prohibits private property acquired by eminent domain by an urban renewal authority after the effective date of the act from being subsequently transferred to a private party unless:
● The owner of the property consents in writing to acquisition of the property by eminent domain by the authority;
● The governing body of the authority determines that the property is no longer necessary for the purpose for which it was originally acquired, and the authority first offers to sell the property to the owner from whom it was acquired, if the owner can be located, at a price not more than that paid by the authority and the owner of the property declines to exercise such right of first refusal;
● The property acquired by the authority has been abandoned; or
● The owner of the property requests or pleads in an eminent domain action that the authority acquiring the property also acquire property that is not essential to the purpose of the acquisition on the basis that acquiring less property would leave the owner of the property holding an uneconomic remnant.
Specifies that, where a proposed transfer of private property acquired by an urban renewal authority does not satisfy a specified exception under the act, property acquired by eminent domain by an authority after the effective date of the act may be subsequently transferred to a private party only upon satisfaction of each of the following conditions:
● The governing body has made a determination that the property is located in a blighted area or the property itself is blighted, and the urban renewal project for which the property is being acquired is to be commenced no later than seven years from the date the blight determination is made. Specifies that, for purposes of the act, the determination of whether a particular area or property is blighted is to be based upon reasonably current information obtained at the time the blight determination is made.
● Not later than the commencement of the negotiation of an agreement for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the authority provides notice and invites proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the urban renewal area by mailing notice to their last known address of record. Authorizes the authority at the same time to invite proposals for redevelopment or rehabilitation from other interested persons who may not be property owners, owners of business concerns, or residents within the urban renewal area, and to provide public notice thereof by publication in a newspaper having a general circulation within the municipality in which the authority has been established.
● In the case of a set of parcels to be acquired by the authority in connection with an urban renewal project, at least one of which is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the authority makes a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the urban renewal plan without the parcel at issue.
Specifies that any owner of property located within the urban renewal area may challenge the determination of blight made by the governing body by filing, not later than 30 days after the date of the blight determination, a civil action in district court for the county in which the property is located pursuant to C.R.C.P. 106 (a) (4) for judicial review of the exercise of discretion on the part of the governing body in making the blight determination. Specifies that any such action shall be governed in accordance with the procedures and other requirements specified in the rule; except that the governing body shall have the burden of proving that, in making its blight determination, it has neither exceeded its jurisdiction nor abused its discretion.
Requires any authority seeking to acquire property by eminent domain in accordance with the requirements of the act to reimburse the owner of the property for reasonable attorney fees incurred by the owner in connection with the acquisition where the owner is the prevailing party on a challenge to a blight determination.
Requires any authority that exercises the power of eminent domain to transfer acquired property to another private party as authorized in accordance with the requirements of the act to adopt relocation assistance and land acquisition policies to benefit displaced persons that are consistent with those set forth in existing statutory provisions to the extent applicable to the facts of each specific property, and, at the time of the relocation of the owner or the occupant, to provide compensation or other forms of assistance to any displaced person in accordance with such policies. In addition, in the case of a business concern displaced by the acquisition of property by eminent domain, requires the authority to make a business interruption payment to the business concern not to exceed the lesser of $10,000 or one-fourth of the average annual taxable income shown on the 3 most recent federal income tax returns of the business concern.
In any case where the acquisition of property by eminent domain by an authority displaces individuals, families, or business concerns, requires the authority to make reasonable efforts to relocate such individuals, families, or business concerns within the urban renewal area, where such relocation is consistent with the uses provided in the urban renewal plan, or in areas within reasonable proximity of, or comparable to, the original location of such individuals, families, or business concerns.
Specifies that, in the case of private property acquired by eminent domain by an authority for subsequent transfer to a private party, "blighted area" shall have the same meaning as set forth in the existing statutory definition governing urban renewal; except that, for purposes of such acquisitions only, "blighted area" means an area that, in its present condition and use and, by reason of the presence of at least 5 of the factors specified in the existing statutory definition of blight, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.
Adds a new factor to the existing list of factors that define "blighted area" for purposes of statutory provisions governing urban renewal.
In connection with statutory provisions granting urban renewal authorities their condemnation powers, specifies that the acquisition of property by condemnation by an authority shall also satisfy the requirements of the act.
Where an authority intends to acquire private property by eminent domain within the urban renewal area to be subsequently transferred to a private party in accordance with the requirements of the act, requires the governing body, prior to the commencement of the acquisition of such property, to first hold a public hearing on the use of eminent domain as a means to acquire such property after written notice of the time, date, place, and purpose of the hearing has been provided to each owner of property that is within the urban renewal area at least 30 days prior to the date of the hearing. In order to authorize the use of eminent domain as a means to acquire property, requires the governing body to base its decision on such authorization on a finding of blighted or slum conditions without regard to the economic performance of the property to be acquired.
In addition to the findings otherwise required to be made by the governing body under existing statutory provisions governing urban renewal, where an urban renewal plan seeks to acquire private property by eminent domain for subsequent transfer to a private party pursuant to the act, authorizes the governing body to approve the urban renewal plan where it finds, in connection with a hearing, that the urban renewal plan has met the requirements of the act and that the principal public purpose for adoption of the urban renewal plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted or slum areas.
Effective January 1, 2004, prohibits any home rule or statutory municipality from either acquiring by condemnation property located outside of its territorial boundaries or providing any funding, in whole or in part, for the acquisition by condemnation by any other public or private party of property located outside of its territorial boundaries. Specifies that this prohibition shall not apply to condemnation for water works, light plants, power plants, transportation systems, heating plants, any other public utilities or public works, or for any purposes necessary for such uses.
Effective January 1, 2004, prohibits any home rule or statutory municipality from either acquiring by condemnation property located outside of its territorial boundaries for the purpose of parks, recreation, open space, conservation, preservation of views or scenic vistas, or for similar purposes, or providing any funding, in whole or in part, for the acquisition by condemnation by any other private or public party of property located outside of its territorial boundaries for the purpose of parks, recreation, open space, conservation, preservation of views or scenic vistas, or for similar purposes. Specifies that this prohibition does not apply where the municipality has obtained the consent of both the owner of the property to be acquired by condemnation and the governing body of the local government in which territorial boundaries the property is located.
APPROVED by Governor June 4, 2004
PORTIONS EFFECTIVE June 4, 2004
PORTIONS EFFECTIVE January 1, 2004
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