S.B. 05-10 Local government retirement plans - administration. Clarifies that any county, municipality, or other political subdivision by itself or in conjunction with any other county, municipality, or political subdivision may establish a retirement plan or system for its elected or appointed officers and its employees.
Allows any municipality, special district, fire authority, or county improvement district offering fire protection services that is not required to affiliate with the police officers' and firefighters' pension plans established pursuant to statute to affiliate with a retirement plan or system established by a county, municipality, or political subdivision. Allows any entity that is not a county, municipality, or political subdivision but that was previously included in a retirement plan or system to remain in the plan or system.
Requires that the management of a retirement plan or system that is comprised of one or more counties, one or more municipalities, and one or more political subdivisions be vested in a joint board of retirement consisting of 7 members. Specifies certain requirements for the composition of the joint board. Requires that the management of a retirement plan or system that is comprised of any county and municipality, any county and political subdivision, or any municipality and political subdivision be vested in a joint board of retirement consisting of 7 members. Specifies certain requirements for the composition of the joint board.
For a joint board of a retirement plan or system comprised of one or more counties, one or more municipalities, and one or more political subdivisions, states the following:
● A person shall not be a member of a joint board if the person has been adjudicated of violating one or more specified statutory provisions relating to local government employees' retirement systems or convicted of a felony or any crime involving the misappropriation of funds.
● A joint board member shall be entitled to $100 compensation for each meeting attended and may be reimbursed for any actual and necessary expenses incurred in the conduct of his or her official duties on the joint board.
● A joint board member shall not engage in activities that might result in a conflict of interest with his or her functions as a fiduciary for the retirement plan or system.
Specifies certain requirements for a joint board of a retirement plan or system comprised of one or more counties, one or more municipalities, and one or more political subdivisions regarding obtaining insurance or self-insuring against liability, setting the time and place and the conduct of meetings, holding executive sessions of the joint board, and taking votes of the joint board.
States that the state auditor may conduct an audit once every 3 years of any retirement plan or system established and maintained by any county in conjunction with any other county.
States that all information contained in records of members of a retirement plan or system of retirement benefits established and maintained pursuant to the act, former members, inactive members, and benefit recipients and their dependents shall be kept confidential by the retirement plan or system.
APPROVED by Governor April 22, 2005
EFFECTIVE April 22, 2005
S.B. 05-59 Funding for mental health care services - authority to form special taxing districts - county authority for voter-approved sales tax. Authorizes the creation of a mental health care service district to provide mental health care services to residents of the district who are in need of mental health care services and to family members of such residents. Allows the district to seek voter approval to levy a sales tax in the district to generate revenues to provide mental health care services.
Makes legislative findings. For purposes of a mental health care district that will levy a property tax, requires that the district be organized in accordance with the "Special District Act". For purposes of a mental health district that will levy a sales tax, requires the district to be organized in accordance with the "Special District Act" as modified by this act to allow all eligible electors in the proposed district, rather than the property owners, to vote on the organization of the district and related ballot issues.
Upon voter approval, allows any county in the state to impose an additional sales tax of up to a specified amount for the purpose of providing mental health care services in the county. Exempts such additional sales tax from the total cap on total county sales tax imposed by law.
APPROVED by Governor June 2, 2005
EFFECTIVE June 2, 2005
S.B. 05-80 Notification to military installations by local governments of land use changes. Requires each local government within whose territorial boundaries is located all or any portion of specified military installations the total acreage of which is in excess of 1,000 acres to timely provide to the commanding officer of that installation, or his or her designee, information relating to proposed changes to the local government's comprehensive plan, amendments to the plan, or land development regulations that, if approved, would significantly affect the intensity, density, or use of any area within the territorial boundaries of the local government that is within 2 miles of the military installation. Specifies that nothing in the act is intended to require submission of any information in connection with a site-specific development application under consideration by the local government.
Upon submission of the required information under the act, requires the local government to provide the military installation an opportunity to review the information and comment on the impact the proposed changes may have on the mission of the military installation. Specifies certain items that may be included within the comments.
Requires the local government to review any comments received from the commanding officer or his or her designee pursuant to the act when considering approval of a comprehensive plan, amendments to the plan, or its land development regulations. Requires the local government to forward a copy of any such comments received to the office of smart growth.
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.
S.B. 05-152 Provision of communications services - limitation on local governments. Prohibits a local government from providing cable television service, telecommunications service, and high speed internet access (advanced) service to subscribers, as well as taking specified actions related to providing the services. Allows such services to be provided if a local government calls an election in accordance with certain requirements on whether or not the local government shall be allowed to provide the proposed service, and a majority of those voting approve the ballot proposition.
Creates an exemption that allows a local government to provide such services if no private provider provides the service within the boundaries of the local government, the governing body of the local government has submitted a written request to provide the service to a provider of the service, and the provider has not agreed to provide or commenced providing the service within certain deadlines.
Requires a local government that provides cable television, telecommunications, or advance service to comply with all state and federal laws governing provision of the service by a private provider. Prohibits a local government from granting preferences to itself or any provider of services and requires a local government to apply its ordinances, rules, and policies without discrimination as to itself and private providers of services. Specifies enforcement and appeal provisions.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
S.B. 05-160 Submission of application by utility or power authority to local government - siting of major electrical or natural gas facilities - notice of additional information required to complete application - period for local government to take action on application. In connection with the submission by a public utility or power authority of an application to a local government relating to the location, construction, or improvement of major electrical or natural gas facilities, requires the local government, within 28 days of the submission of an application, to give notice to the utility or authority of additional information that must be supplied by the utility or authority to complete the application. Requires the notice to specify the particular provisions of the local government's land use regulations that necessitate submission of the required information. Specifies that the applicable 120- or 90-day review period is to commence on the date that the utility or authority provides the requested information to the local government in response to the notice required by the act.
Specifies that, if the local government does not notify the public utility or power authority within 28 days that additional information is required to complete the application, the applicable 120- or 90-day review period is to commence on the date of the submission by the utility or authority of its application. In such circumstances, specifies that any request by a local government for additional information after the completion of the 28-day period will not extend the statutory deadline for final local government action.
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. 05-1032 Planned unit development - modifications for land set aside for governmental purposes. In the case of any land located within a planned unit development (PUD) that has been set aside for a governmental use or purpose as specified in the plan of the PUD, the plan agreement, or related documents, authorizes a governmental entity that holds legal title to the land, with the approval of the county or municipality in which the land is located, as applicable, and following a public hearing, to do any of the following, singularly or in combination:
● Subdivide all or any portion of the land;
● Remove or release all or any portion of the land from any limitations on its use or purpose by the governmental entity as specified in the plan, plan agreement, or related documents; or
● Sell or otherwise dispose of all or any portion of the land.
Specifies that any action authorized in accordance with the requirements of the act shall only be undertaken upon a finding by the county or municipality, as applicable, following a public hearing that all or any portion of the land is not reasonably expected to be necessary for a governmental use or purpose or that the governmental use or purpose will be furthered by disposal of the land. Specifies that, where action has been undertaken in accordance with the requirements of the act, the future use of all or any portion of the land shall in all other respects be consistent with the efficient development and preservation of the entire PUD and with the plan.
APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005
H.B. 05-1210 Inclusion of a governmental unit into an existing library district. Authorizes any governmental unit sharing at least one common boundary with an existing library district (district) to become part of the district upon a resolution executed by the board of trustees of the district and the adoption of an ordinance or resolution by the legislative body of the governmental unit approving the inclusion of the governmental unit into the district. Requires the electors to approve the tax levy imposed by the district before the governmental unit may be included in the district unless the levy has been previously approved by the registered electors of the governmental unit. Specifies that the election shall be held in conformity with existing election law procedures. Specifies the dates on which the election shall be held.
Requires the legislative body of the governmental unit and the board of trustees of the district to enter into a written agreement setting forth the rights, obligations, and responsibilities, financial and otherwise, of the parties to the agreement upon the approval by the electors of the inclusion of a governmental unit into a district.
Authorizes the governmental unit to follow the procedures specified in the act to bring about the inclusion of the entire governmental unit into the district when only a portion of the governmental unit is included in the district. Specifies that only the registered electors residing within the portion of the governmental unit that is not included within the district at the time of the commencement of the inclusion proceedings shall be allowed to vote to approve the district tax levy.
APPROVED by Governor April 20, 2005
EFFECTIVE April 20, 2005
H.B. 05-1230 Public utility facility siting - compliance with local government zoning rules. Subject to existing statutory provisions governing the siting of major utility facilities, prohibits a public utility from constructing or installing any new facility, plant, or system within the territorial boundaries of any local government unless the construction or installation complies with the zoning rules, resolutions, or ordinances of the local government applicable to the property on which the facility, plant, or system is to be constructed or installed. Specifies that nothing in the act shall be construed to either prohibit a local government from granting a variance from its zoning rules, resolutions, or ordinances for such uses of the property or to grant the public utilities commission any additional authority to restrict a siting application.
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.
H.B. 05-1273 Intergovernmental contracts - term of contracts providing for sharing of costs or imposition of taxes. Specifies that any intergovernmental contract providing for the sharing of costs or the imposition of taxes may be entered into for any period, notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments.
APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005
H.B. 05-1304 Prohibition on discrimination against manufactured housing and factory-built residential structures. Prohibits any local government from enacting, establishing, or enforcing any regulation, resolution, ordinance, or other legal requirement that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that the regulation, resolution, ordinance, or other legal requirement is not equally applicable to all homes. Specifies that this requirement does not apply to a mobile home.
Prohibits any local government from enacting, establishing, or enforcing any regulation, resolution, ordinance, or other legal requirement regarding manufactured homes or factory-built residential structures that is inconsistent with any regulation, resolution, ordinance, or other legal requirement imposed on any other types of dwellings permitted in the same residential district or zone.
Subject to exceptions specified in the act, prohibits any local government from enacting, establishing, or enforcing any regulation, resolution, ordinance, or other legal requirement that imposes a construction or safety standard:
● For manufactured homes that is not identical to those contained in federal legislation governing construction and safety standards for manufactured housing; or
● For factory-built residential structures that is not identical to a building code adopted by the state housing board and applicable to such structures.
Specifies that nothing in the act shall be construed to prevent a local government from requiring that a manufactured home or factory-built residential structure:
● Comply with specified local standards and requirements to the extent that such standards or requirements are applicable to existing or new housing within the specified use district of the local government;
● Be connected to utilities in accordance with all applicable standards;
● Comply with local wind shear requirements and snow load requirements; and
● Otherwise meet all additional requirements for a manufactured home or factory-built residential structure in accordance with state law.
Stipulates that nothing in the act shall be construed as overriding any legally recorded covenants or restrictions.
Specifies that the provisions of the act shall apply only to the first residential placement of a manufactured home or a factory-built residential structure on a permanent foundation and shall not apply to mobile homes.
VETOED by Governor June 1, 2005
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