S.B. 04-114 Regional transportation district - audits. Requires the state auditor to conduct or cause to be conducted performance audits of the regional transportation district to determine whether the district is effectively and efficiently fulfilling its statutory obligations. Requires the first performance audit to begin on or after January 1, 2005, and subsequent audits once every 5 years thereafter, or more frequently in the state auditor's discretion. Requires the state auditor to submit a written report of an audit of the district to the legislative audit committee upon completion of the audit. Requires the cost of the performance audits to be paid by the district. Eliminates the requirement that the state auditor shall only conduct a performance audit upon the affirmative vote of a majority of the members of the committee.
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. 04-221 Metropolitan districts - security services - covenant enforcement and design review services. Authorizes the board of a metropolitan district to provide security services for areas within the district. Requires the board of the district to provide written notice to, consult with, and obtain the written consent of local law enforcement agencies and master associations with the authority to provide security services in the area. Allows the agencies or associations to withdraw their consent after consulting with and providing written notice to the district.
Allows the board of a metropolitan district to furnish covenant enforcement and design review services within the district if authorized by a contract with the association or by the declarations of the association. Requires revenues used to furnish such services to be derived from the area in which the service is furnished.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1066 Regional transportation district - metropolitan football stadium district - election to be included in or excluded from district area - Castle Rock. Allows registered electors in the town of Castle Rock in Douglas county to elect to have all of the area included within the boundaries of the town included in or excluded from the boundaries of the regional transportation district and the metropolitan football stadium district. Requires that 2 separate ballot questions be presented to the electors, one regarding the town's inclusion in and one regarding the town's exclusion from each special district.
Specifies the requirements for the ballot questions to be presented to the electors and for conducting the election regarding the town of Castle Rock's inclusion in or exclusion from each special district.
Specifies that if one question is approved by a majority of the registered electors who voted in the election and the other question is not approved by a majority of such electors, the question that was approved shall take effect. Specifies that if both questions are approved by a majority of the registered electors who voted in the election, only the question that received the greater number of votes in favor of the question shall take effect. Specifies that if neither question is approved by a majority of registered electors who voted in the election, neither question shall take effect and the boundaries of the district shall remain as they were before the election.
If the registered electors of the town of Castle Rock elect to be included in or excluded from the boundaries of one or both special districts, the town shall make a grant to the department of revenue for any of the costs that the department incurs as a result of the election. Specifies that no moneys from the general fund shall be appropriated to the department for any of the costs that the department incurs as a result of the election.
BECAME LAW April 27, 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. 04-1212 Denver metropolitan scientific and cultural facilities district - extension of district - amendments to ballot question - modifications concerning the administration of the district. Amends the ballot question and other provisions concerning the extension of the scientific and cultural facilities district (district) that will be submitted to the voters as follows:
● Extends the authority of the district to levy a sales and use tax 12 years from the date upon which the authority of the district is scheduled to expire.
● Authorizes the district to continue to collect, retain, and spend all revenue generated by the district tax in excess of the revenue and spending limitations provided in the taxpayer's bill of rights (TABOR).
● Modifies the rates of the 3 taxes collected annually by the district that are used to fund the following:
● The Denver museum of nature and science, the Denver art museum, the Denver zoological gardens, the Denver botanical gardens, and the Denver center for the performing arts (tier I facilities);
● Certain regional scientific and cultural facilities within the district that are not tier I facilities (tier II facilities); and
● County scientific and cultural organizations (tier III facilities).
● Specifies that the rates of the 3 taxes collected annually by the district shall change after the district collects $38 million in revenue and specifies how such rates will change.
● Adds the Denver center for the performing arts to the tier I facilities.
● Specifies that for the purpose of the election for the extension of the district, all of the electors within the boundaries of the counties of Adams, Arapahoe, Boulder, and Jefferson, within the boundaries of the city and county of Broomfield and the city and county of Denver, and within the boundaries of the county of Douglas with the exception of the town of Castle Rock and the town of Larkspur shall be eligible electors.
● If the voters approve the extension of the district, before the expiration of such extension, authorizes the district to submit to registered electors within the geographical boundaries of the district the question of whether the district shall be authorized to continue to levy and collect the tax for a period not to exceed 12 years.
Effective July 1, 2006, modifies statutory provisions concerning the administration of the district as follows:
● Defines "annual operating expenses" as expenditures for all purposes except capital construction, endowment, and payment of debt.
● Includes foundation income and endowment income in the definition of "annual operating income" for organizations that receive funds from the district.
● Specifies that the members of a county cultural council shall reside within the district.
● Separates the boundaries of the district from the boundaries of the regional transportation district, and states that the district boundaries shall consist of all of the area within the boundaries of the counties of Adams, Arapahoe, Boulder, and Jefferson, all of the area within the boundaries of the city and county of Broomfield and the city and county of Denver, and all of the area within the boundaries of the county of Douglas with the exception of the town of Castle Rock and the town of Larkspur.
● Authorizes the eligible electors in any area within the boundaries of Douglas county that is not included within the boundaries of the district but is contiguous to the district to hold an election to vote on the inclusion of such area in the district.
● Specifies the rates of the 3 taxes to be collected by the district upon voter approval of the extension of the tax.
● Changes the number of directors on the board of directors of the district (board) by requiring the governor to appoint 4 directors if there is an odd number of county directors and 3 directors if there is an even number of county directors. Specifies that the total number of directors entitled to vote shall not exceed 11.
● Specifies that the board has the authority to determine the eligibility of tier II and tier III facilities that apply to the district for moneys and that the board may consider the applicants' financial and organizational capacity to further the goals of the district.
● Changes the allocation of the tax to each of the tier I facilities.
● Eliminates the board's authority to distribute 5% of tier I and tier II funds to facilities solely based on enhanced or innovative programs. Adds enhanced or innovative programs to the criteria for the distribution of 5% of said funds to facilities based on regional impact, accessibility, quality, need, and collaboration.
● In order to be eligible for district funds, requires tier II and tier III facilities to have a letter in effect from the internal revenue service verifying that the facility is a 501(c) (3) organization.
● Increases the annual operating income threshold required in order to qualify as a tier II facility.
● Increases the number of years that an organization shall have been in existence, operating, and providing service to the public in order to qualify for tier II facility funds, and specifies a minimum number of years that an organization shall have been in existence, operating, and providing service to the public in order to qualify for tier III facility funds.
● For organizations that receive tier II facility funds, reduces the total percentage of such funds that may be distributed to an organization in any year.
APPROVED by Governor April 6, 2004
PORTIONS EFFECTIVE August 4, 2004
PORTIONS EFFECTIVE July 1, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1344 Denver metropolitan scientific and cultural facilities district - ability of landowners to petition into district - requirements. Allows the landowners of any area that has a boundary that is contiguous to any boundary of the Denver metropolitan scientific and cultural facilities district (district) to petition to be included in the district. Requires the petition to be signed by 100% of the landowners in the area sought to be included in the district. Specifies the information that shall be included in the petition. States that in order for the area in the petition to be included in the district, the board of directors of the district shall accept the area into the district.
Prior to including any new area into the district, requires the district to file a notice and map containing a legal description of the new district area with specified state and local government entities. Requires the department of revenue to notify any taxing jurisdiction affected by the inclusion of the new district area in order to facilitate the collection of taxes in such area.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
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