H.B. 04-1072 Regular election date of municipality - authority of governing body of municipality to submit question to registered electors to change date. Authorizes the governing body of a municipality, in consultation with the clerk and recorder of the county in which the municipality is located, to submit to a vote of the registered electors of the municipality for placement on the ballot the question of whether the regular election date of such municipality shall be changed to either the Tuesday succeeding the first Monday of November in each odd-numbered year or the Tuesday succeeding the first Monday of November in each even-numbered year.
Specifies that, where a majority of the registered electors of the municipality voting on the question approve a change in the regular election date of the municipality, the governing body of the municipality shall by ordinance establish its new regular election date in accordance with the vote of the registered electors and may include in such ordinance any alteration in the terms of office of officials that may be necessary to accomplish the change in election dates in an orderly manner. Prohibits such ordinance from shortening the term of any elected official in office at the time of its adoption.
Authorizes any municipality that has changed its regular election date in accordance with the requirements of the act to reinstate the regular election date in effect prior to the change in the date commenced under the act.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1155 Newly annexed land used as right-of-way by agricultural users - municipal authority to regulate. Whenever a municipality annexes an area that contains any portion of a public transportation right-of-way a customary or regular use of which involves the movement of any agricultural vehicles and equipment, for the period during which land use within the annexed area is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, prohibits the municipality from adopting or enforcing any ordinance or regulation affecting the right-of-way, whether arising in connection with zoning, rezoning, the regulation of traffic, or otherwise, so as to restrict such customary or regular use of the right-of-way that is in existence as of the time of the annexation. Specifies that nothing in the act shall be construed as restricting the municipality from adopting or enforcing traffic restrictions that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-of-way.
In addition to any other applicable notice requirements provided by law, not less than 30 days prior to final adoption of an ordinance or regulation affecting the right-of-way in an annexed area that is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, requires the municipality to send notice of the proposed ordinance or regulation to the following persons by means of the following methods:
● To any person who owns property in the annexed area that is contiguous to the right-of-way, by certified mail; and
● To such persons as appear on a list maintained by the municipality of interested persons who are to receive such notice by first-class mail. Requires the name of any such person to remain on the list until such time as the person requests removal of the person's name from the list.
APPROVED by Governor April 23, 2004
EFFECTIVE September 1, 2004
H.B. 04-1430 Municipal elections - regular election date of municipalities - municipal recall elections. Conforms language governing the regular election date of cities that take place in November of odd-numbered years to election provisions contained in the taxpayer's bill of rights in the state constitution (TABOR).
Specifies that it is the responsibility of the governing body of a municipality ordering a recall election to determine whether voting in the recall election is to take place at the polling place or by mail ballot.
Specifies that a recall election is to be held as part of a regular election when the regular election is to be held within 180 days of submission of a recall petition, instead of within 90 days of submission of a recall petition, as is the deadline under current law.
Where the governing body of a municipality chooses to conduct a recall election by mail ballot, permits candidates not less than 10 calendar days beginning on the first calendar day after the governing body sets the date for the recall election within which to circulate nominating petitions, and requires such petitions to be filed no later than 45 days prior to the recall election.
Deletes references to mail ballot elections in existing statutory provisions governing petitions for nominating municipal candidates in coordinated elections.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
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