Government - County - Digest of Bills

Digest of Bills - 2006

GOVERNMENT - COUNTY

S.B. 06-52 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 or management of 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 one-half of one percent, and that the duration of the additional increment shall not exceed 20 years from voter approval.

Requires each county to specify in ballot language what percentage of total revenue generated will be used for the management of open space and parks. Specifies that the percentage shall not exceed 30% of total revenue generated from the additional increment. Also specifies that the funding for management shall be solely used to manage open space and parks acquired with the additional increment.

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 May 4, 2006

S.B. 06-53 County authority to remove overgrown vegetation - expansion in lot size.Expands the size of the residential lot for which county governments are authorized to provide for and compel the removal of weeds and brush from one to 2 1/2 acres or less.

APPROVED by Governor March 31, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-74 Zoning and building codes - enforcement - civil penalties - liens - attorney fees.In connection with the enforcement of requirements arising under county zoning and building codes:

● Shortens the time from 30 days to 10 days within which a potential violator of county zoning or building code requirements is able to cure a violation before a summons and complaint is issued to the violator.

● Increases the amount of the civil penalties that may be levied for zoning or building code violations to not less than $500 and not more than $1000.

● Increases the amount of the additional penalty that may be levied for the continuation of a violation after issuance of a court order levying the original penalty to $100.

● States that any assessment levied for violation of a county zoning or building code violation shall be a lien against the property on which the violation has been found to exist until paid. Requires that, in case the assessment is not paid within 30 days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a 10% penalty for the cost of collection, in the same manner as other taxes are collected. Requires any lien placed against the property to be recorded with the county clerk and recorder.

● Authorizes a county zoning official or building inspector to issue a summons and complaint to the violator instead of requesting the county sheriff or county attorney to issue the summons and complaint.

● In connection with a county court action for a zoning or building code violation, authorizes the county attorney to request that an action for zoning code enforcement be dismissed where, among other things, the violator has notified the zoning or building inspector of the cure or removal of the violation within a specified time.

● In connection with a county court action for a zoning or building code violation, authorizes the court to dismiss the action, where among other things, the county attorney files a motion indicating that the matter has been otherwise resolved.

Expands the list of matters to which statutory provisions granting courts the authority to impose attorney fees are inapplicable to include matters involving violations of local government ordinances and resolutions.

APPROVED by Governor March 31, 2006
EFFECTIVE July 1, 2006

H.B. 06-1009 Property tax - penalty for delinquent payment - increase in amount county treasurer may refrain from collecting. Increases the limit to $50 on the amount of money to be collected as a penalty, interest, or costs for delinquent property tax payments that the county treasurer is authorized to refrain from collecting.

APPROVED by Governor March 13, 2006
EFFECTIVE March 13, 2006

H.B. 06-1087 Category - salaries of officers - Montezuma county. Changes the classification of Montezuma county from category 4 to category 3 for purposes of fixing the salaries of county officers.

Specifies that the act shall not take effect if House Bill 06-1295 is enacted and becomes law.

APPROVED by Governor April 6, 2006
EFFECTIVE
NOTE: (1) This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.
(2) House Bill 06-1295 became law on April 14, 2006.

H.B. 06-1181 Sheriffs - power to revoke appointment of deputy - personnel policy - liability. Limits the power of a county sheriff to revoke the appointment of a deputy at will by requiring a sheriff to adopt personnel policies for the review of revocation of appointments and by giving a deputy the right to prior notice of the reason for a proposed revocation of an appointment and an opportunity to be heard by the sheriff.

Repeals the provision under which:

● The sheriff and the sheriff's sureties are responsible for the acts of the undersheriff and deputies;

● Any default or misconduct by a deputy or jailer after the death, resignation, or removal of a sheriff is a breach of the sheriff's bond;

● An action for default or misconduct of a sheriff, undersheriff, jailer, or deputy may be prosecuted against the executors or administrators of the sheriff;

● A sheriff is subject to an action for damages for default or misconduct in relation to a writ of process delivered to the sheriff for execution;

● A sheriff and the sheriff's sureties are liable for the acts of a deputy or jailer with respect to the county jails and the supervision of prisoners in the jails; and

● An appointment of an undersheriff or deputy and the revocation of such an appointment shall be in writing and filed with the county clerk and recorder.

BECAME LAW March 28, 2006
EFFECTIVE August 7, 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. 06-1242 Clerk and recorder filing surcharge - extension - expansion of uses. Changes the expiration of the one dollar recording or filing surcharge collected by a county clerk and recorder from June 30, 2007, to June 30, 2012. Expands how a county clerk and recorder may use the proceeds of the surcharge.

APPROVED by Governor March 31, 2006
EFFECTIVE August 7, 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. 06-1287 Public fund investments. Clarifies maturity periods and reorganizes the requirements related to the investment of public funds in the following securities:

● Treasury securities;

● Securities issued, fully guaranteed by, or for which the full credit of a specified entity or organization is pledged;

● Any security that is a general obligation of any state of the U.S., D.C., or any territorial possession of the U.S. or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities;

● Any security that is a revenue obligation of any state of the U.S., D.C., or any territorial possession of the U.S. or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities;

● Repurchase agreements;

● Reverse repurchase agreements;

● Securities lending agreements;

● Money market funds;

● Guaranteed investment contracts, guaranteed interest contracts, annuity contracts, or funding agreements; and

● Corporate and bank securities.

Specifies that public entities shall adopt criteria for designating eligible broker-dealers for the purchase of term securities, except for bond proceed investments. Updates broker-dealer liability provisions for illegal securities and authority of public trustees of counties to establish and manage specified accounts. Clarifies that public funds do not include funds invested by the public employees' retirement association and also do not include trusts managed on behalf of the board of education of a school district coterminous with a city and county for the benefit of a retiree's health insurance and teacher compensation. Specifies that a trust for the benefit of a teacher compensation system in a school district coterminous with a city and county shall manage and invest the funds and assets held in trust in accordance with the "Colorado Uniform Prudent Investor Act".

APPROVED by Governor April 24, 2006
EFFECTIVE August 7, 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. 06-1295 Salaries of county officers. Increases the salaries of county commissioners, sheriffs, treasurers, assessors, clerk and recorders, and coroners in counties of each category. Sets the salary of county surveyors in counties of each category, and allows a board of county commissioners to pay additional compensation to a surveyor for services in addition to the surveyor's official duties.

Creates a new category VI for the purpose of setting the salaries of county officers. Places Dolores, Jackson, Kiowa, Mineral, and Sedgwick counties in category VI.

BECAME LAW April 14, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.