S.B. 05-69 County employees - salary information - publication. Requires that county employees be identified by title only rather than by name and title when the board of county commissioners publishes salary information for all county employees twice annually in a legal newspaper in the county.
VETOED by Governor April 14, 2005
S.B. 05-106 Classification - salaries of county officers - Gilpin county. Changes the classification of Gilpin county from category IV to category III for the purpose of establishing the salaries of county officers.
APPROVED by Governor April 22, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 05-141 Public improvements - solid wastes disposal limitations. Prohibits the land disposal of lead-acid batteries as of July 1, 2007. Establishes a collection system for the batteries. Requires waste haulers to notify customers that the land disposal of the batteries is prohibited. Allows a retailer selling replacement batteries to accept from customers used batteries of the same general type and collect a deposit of at least $10 on the sale of a replacement battery that is not accompanied by the return of a used battery of the same general type.
Prohibits the land disposal of used oil. Specifies that every quart of improperly disposed of used oil constitutes a separate violation. Conditionally allows the disposal of an item or substance that contains de minimis quantities of used oil. Establishes a collection system for used oil. Requires waste haulers to notify customers that the land disposal of used oil is prohibited.
Prohibits the land disposal of waste tires. Specifies that each waste tire improperly disposed of constitutes a separate violation. Establishes a collection system for waste tires. Requires waste haulers to notify customers that the land disposal of waste tires is prohibited. Allows a retailer selling replacement tires in the state to accept from customers waste tires of the same general type and in a quantity at least equal to the number of new tires purchased. Allows a wholesaler selling tires to accept from customers waste tires of the same general type and in a quantity at least equal to the number of new tires purchased.
Specifies provisions governing inspection, enforcement, nuisances, violations, and civil penalties applicable to the provisions of the act.
APPROVED by Governor June 3, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
S.B. 05-174 County sales or use tax - incremental exemption from statutory limitation for county-owned open space and parks. States that any increment of sales tax or use tax imposed by any county for the specific purposes of funding the acquisition, conservation, or long-term maintenance of county-owned open space and parks within such county shall be exempt from the statutory limitation on the total amount of sales tax or use tax that may be imposed by the state, any county, and any city or town.
Specifies that in no case shall such additional increment of sales tax or use tax exceed a rate of 1/2 of one percent.
States that this does not limit the total sales tax or use tax that a county may levy, collect, or expend for funding the purchase of land within such county for county-owned open space, parks, or conservation purposes or funding the long-term maintenance of such lands.
Specifies that the county may only impose an additional increment of sales tax or use tax after voter approval from eligible electors in the county.
VETOED by Governor April 14, 2005
S.B. 05-188 County elected officials - salary commission. Establishes a commission to study and make recommendations to the general assembly concerning salaries of county elected officials. Provides that the commission shall have 13 members, 12 members to be appointed by the speaker of the house of representatives and the president of the senate and one member to be appointed by the executive director of the department of local affairs. Specifies requirements pertaining to appointees to the commission. Specifies the terms of commission members. Specifies requirements pertaining to commission meetings. Provides that commission members shall serve without compensation.
Requires the commission to make a study of the salaries paid to county elected officials, the responsibilities of each county elected official and the scope of authority of the entity in which the official serves, the relative level of difficulty in performing the duties of each county elected official, the amount of time directly or indirectly related to the performance of the duties, functions, and services of each county elected official; and the current levels of salaries for comparable employment in other places of public and private employment in competitive labor markets. Requires the commission to submit a report to the local government committees of the general assembly on or before a specified date and on the first day of convening of the general assembly every 4 years thereafter. Requires the report to contain recommendations of the commission as to the appropriate level of salaries to be paid to county elected officials for the quadrennial period following the submission of the report and any additional facts and information in the judgment of the commission that are relevant to this determination. Specifies that the recommendations contained in the report are to be based on sound, systematic occupational analysis and job evaluation methods.
Requires the general assembly, in considering and enacting legislation concerning the salaries to be paid to county elected officials, to give consideration to the recommendations contained in the report.
Authorizes the commission to request information or assistance from the department of local affairs.
APPROVED by Governor June 7, 2005
EFFECTIVE June 7, 2005
S.B. 05-224 County service impacts related to an urban renewal project - urban renewal impact report - allocation of tax increment revenues created by urban renewal project - dispute resolution process where agricultural land is involved. Expands existing statutory provisions governing the approval of urban renewal plans to add the urban renewal authority (authority) as a party required to submit information, besides the governing body of the municipality (governing body) in which an authority has been established. Specifies that the information required under existing law is to be provided 30 days prior to the hearing on the plan. Clarifies that statutory provisions addressed in the plan include a substantial modification to the plan. Specifies that the information required to be submitted to the board of county commissioners with the plan or modification to the plan includes an urban renewal impact report under specified circumstances. Expands the type of information to be provided by the governing body or the authority concerning the impact of the plan.
Specifies that the inadvertent failure of a governing body or an authority to submit an urban renewal plan, substantial modification to the plan, or an urban renewal impact report, as applicable, to a board of county commissioners neither creates a cause of action in favor of any party nor invalidates any urban renewal plan or modification to the plan.
Upon request of the governing body or the authority, requires each county that is entitled to receive a copy of the plan to provide available county data and projections to assist the governing body or the authority in preparing the report.
In connection with existing statutory provisions governing the allocation of tax increment revenues created by an urban renewal project, deletes the requirement that the revenues be used for financing projects only within an urban renewal area.
Authorizes the governing body or the authority to enter into an agreement with any county within the boundaries of which property taxes collected as a result of the county levy, or portion of the levy, will be subject to allocation pursuant to existing statutory provisions. Specifies certain matters that may be provided for in the agreement. Permits tax increment revenues to be used to make payments under the agreement.
Permits a county to enforce the requirements of the act through the arbitration process established by the act under specified circumstances.
Requires a county objecting to the urban renewal plan to file written notice of the objection with the authority as well as the governing body that has approved the plan within 15 days of the approval of the plan. Specifies the required contents of the notice.
Specifies that, if the county, governing body, and authority have not reached a written agreement resolving the county's objections within 30 days after the receipt by the governing body of the notice of objection, the objections shall be submitted to arbitration. Specifies the manner in which the panel of arbitrators charged with resolving the county's objections is to be selected. Permits the county, governing body, and authority to agree upon a single arbitrator.
Specifies when the arbitration hearing is to commence. Specifies the parties to the arbitration. Specifies which party is to assume the burden of proof at the arbitration hearing, and what the party needs to establish to sustain its burden. Requires the decision of the arbitrators to be based upon the notice of objection and upon the record of the public hearing. Specifies certain factors the arbitrators are required to take into consideration in rendering a decision. Requires the arbitration hearing to be concluded not later than 7 days after its commencement, and the decision of the arbitrators to be rendered not less than 30 days after the conclusion of the hearing. Requires the order of the arbitrators to be limited to either approving the urban renewal plan or, upon a finding of abuse of discretion, remanding the plan to the governing body for reconsideration of the county's objections. Makes the order final and binding on the parties and not subject to judicial review except to enforce the order or to determine whether the order was procured by corruption, fraud, or other similar wrongdoing.
Specifies the percentage of the necessary fees and expenses of arbitration that are to be borne by the parties to the arbitration.
Specifies that the provisions of the act shall not apply to any urban renewal plan in which less than 10% of the area identified in such plan:
● Has been classified as agricultural land for purposes of the levying and collection of property tax at any time during the 3-year period prior to the date of adoption of the plan; and
● Is currently identified for agricultural uses in a master plan adopted by the municipality and has been so identified for more than one year prior to the date of adoption of the plan.
Specifies that the arbitration process established in the act is to be the exclusive remedy available to a county for contesting the sufficiency of compliance by a governing body or an authority with the requirements of the act.
In connection with the conditions that must be found under existing law for the governing body to approve the urban renewal plan, adds as a new condition whether the authority or the municipality will adequately finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development within the urban renewal area for the period in which all or any portion of the tax increment revenues are paid to the authority.
Deletes from the existing statutory definition of "urban renewal project" language restricting the project to undertakings and activities located within an urban renewal area.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1062 Forcible entry and detainer - writ of restitution - expiration - sheriff's services - fees. Specifies that a writ of restitution issued by a court in a forcible entry and detainer action shall expire after 45 days following issuance of the writ. Eliminates the $75 cap on fees that a sheriff may charge for certain services, and permits a sheriff to charge mileage for those services.
Replaces the $60 cap on fees that a sheriff may charge for serving and executing a writ of restitution with a $200 cap. Permits a sheriff to exceed the $200 cap if the work performed exceeds two hours in duration. Specifies that a sheriff may charge a fee for serving and executing a writ of restitution after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service.
APPROVED by Governor April 14, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1067 County public improvement district - fire protection improvements or services. Authorizes a public improvement district created by or within a county to construct, install, acquire, operate, maintain, or provide fire protection regardless of whether or not the county is authorized to provide fire protection improvements or services.
APPROVED by Governor April 14, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 05-1159 Sale of tax liens - public auction - internet - form of payment. States that a county treasurer may conduct a public auction to sell tax liens on lands and town lots on which taxes, interest, and fees have not been paid by means of the internet or other electronic medium.
Requires the notice of a sale of tax liens at public auction by means of the internet or other electronic medium to contain:
● The electronic address of the public auction;
● The location of computer workstations that are available to the public and information about how to obtain instructions on participating in the public auction; and
● A statement that the bidding rules for the public auction will be posted on the internet or other electronic medium at least 2 weeks before the date of sale.
States that, for a public auction conducted by means of the internet or other electronic medium:
● The treasurer may add a fee to cover the cost of conducting the public auction.
● The system shall allow members of the public to submit bids by computer and permit the treasurer to accept bids for as long as the treasurer deems necessary.
● The county and its employees are not liable for the failure of a computer or internet device that prevents a person from participating in the auction.
● The treasurer shall cause the internet bidding rules to be posted on the electronic medium for at least 2 weeks before the date of sale, and the posted internet bidding rules shall apply to all bidders in the auction.
● If a bidder fails to pay the amount due, the treasurer may offer the tax lien to another bidder without additional advertisement or recover the amount bid by civil action.
● The treasurer may prohibit a bidder who fails to pay the amount due from bidding on a tax lien sale for up to 5 years.
Authorizes the treasurer to accept payment for a tax lien in the form of cash, negotiable paper, or electronic funds transfer.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.