S.B. 07-28 Metropolitan sewage disposal districts - board of directors - representation - member compensation. Modifies the representation on a metropolitan sewage disposal district board having 11 or more member municipalities from one representative for each 25,000 people plus any fractional remainder to one representative for each 75,000 people plus any fractional remainder. Requires the board to be reapportioned every 4 years.
Increases the compensation of members of the board of directors of any metropolitan sewage disposal district from $2,000 to $3,000 per year.
APPROVED by Governor
March 22, 2007
EFFECTIVE March 22,
2007
S.B. 07-88 Regional transportation district - parking facility - fees - penalties for failure to pay. Expands the regional transportation district's (district) authority to charge a parking fee at a district parking facility (facility). Reduces the time that the district is required to post signs that warn of a future parking fee. Expands the information that is to be included on the warning signs. Modifies when the district may request personal information, which includes any motor vehicle registration or driver's license information. Requires parking fees to be payable in advance. Permits the district to establish customer accounts for prepaid parking fees. Permits the district to establish rules prohibiting a person who is not using the mass transportation system from parking at a facility. Limits the percentage of a facility that may be set aside for reserved parking spaces to 15% of the facility.
Establishes a penalty and related procedures for failure to pay a parking charge or parking in the facility without using the mass transportation system. Establishes when a motor vehicle left at a facility is to be considered abandoned.
Requires the department of revenue to allow the district to inspect any motor vehicle registration electronic database that includes the name and address of registered owners.
APPROVED by Governor
May 22, 2007
EFFECTIVE May 22,
2007
S.B. 07-111 Local marketing district - marketing and promotion tax - exemption from limit on total sales or use tax. Exempts a marketing and promotion tax levied by a local marketing district from the 6.9% limitation on the total amount of sales or use tax.
APPROVED by Governor
April 19, 2007
EFFECTIVE April 19,
2007
S.B. 07-205 Regional transportation district - transportation expansion plans - utility relocation. Requires the regional transportation district (district), subject to existing agreements and rights regarding the funding of the relocation work, to negotiate with any effected utility company in a fixed guideway corridor (corridor) of the district's transportation expansion plan (plan) to determine whether the utility company or a district contractor is responsible for any utility relocation projects necessitated by the plan. Allows the district to enter into a fixed guideway corridor utility relocation agreement (agreement) with a utility company for timely relocation of utilities.
Makes all design and construction of utility relocation subject to review and approval by district and utility company engineers. Allows a utility company to upgrade utilities being relocated so long as the upgrade is done at the utilities expense and without delaying project construction. Establishes a dispute resolution process if the district and a utility company cannot reach an agreement if a dispute arises under an agreement, and, if the dispute cannot be resolved, specifies corridor-specific venues for district court litigation.
Requires the district to provide utility companies with detailed corridor-specific maps, drawings, plans, and profiles of the district's proposed improvements at specified stages of the plan's completion. Establishes notice requirements whereby the district must notify the utility company of any necessary utility relocation construction within a specified time depending on when the district became aware of the need for utility relocation or what type of utility must be relocated.
Authorizes the district to condemn or otherwise obtain replacement easements for relocation of utilities. Requires the district to endeavor to meet the utility's existing standards, if any, for easements. Requires the district to pay for a replacement easement when the district has acquired, at no extra cost, an easement previously owned and occupied by the utility. Requires the utility to pay for a replacement easement if the district has compensated the utility for a previously occupied easement from which the utility is being relocated. Requires that relocation easements be acquired as close as possible to the original location to minimize the cost of utility facility reconfiguration, that aboveground utilities facilities be relocated aboveground, and that underground utilities facilities be relocated underground.
Subjects a utility company to liability for actual damages if it causes a delay in the performance of utility relocation work or interference with the performance of construction by other contractors. States that a utility company is not liable for damages if the delay or interference is caused by a force majeure.
APPROVED by Governor
May 3, 2007
EFFECTIVE May 3, 2007
S.B. 07-251 Regional transportation district - service provided by private businesses. Eliminates the requirement that the regional transportation district (RTD) contract with private businesses to provide at least 50% of RTD's vehicular service. Authorizes RTD to contract with private businesses to provide up to 58% of its vehicular service.
States that an arbitrator appointed by the director of the division of labor in the department of labor and employment may not establish a level of vehicular service to be provided by private businesses. Repeals the provision limiting the term of any collective bargaining or other agreement related to privatization of RTD service or competitive contracting of jobs.
APPROVED by Governor
May 18, 2007
EFFECTIVE August 3,
2007
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1159 Manner of conducting of ballot elections. Requires all special district ballot issue elections that are not part of an organizational election to be conducted either as part of a coordinated election or in accordance with the provisions of the "Mail Ballot Election Act". Modifies deadlines related to the secretary of state's review of a mail ballot for a regular special district election.
APPROVED by Governor
May 17, 2007
EFFECTIVE May 17,
2007
H.B. 07-1168 Forest improvement districts. Authorizes a municipality or county to adopt an ordinance or resolution proposing to create or join a forest improvement district (district). Specifies that a district shall include the entire territory of the municipality or county. States that a district is created upon approval by the voters of one or more municipalities or counties.
Specifies the manner of appointment, powers, and duties of the board of directors of a district. Requires the board to include at least:
● One representative of the state forest service;
● One representative of an environmental protection organization;
● One representative of a conservation district within the proposed district;
● One representative of a water conservancy district within the proposed district; and
● One representative of a federal land management agency.
Allows a district to levy and collect property and sales taxes with the approval of the voters of the district and to accept aid or contributions from any source. Requires a sales tax levied by a district to take effect on either January 1 or July 1. Exempts a sales tax levied by a district from the 6.9% limitation on total sales tax. Allows the municipalities or counties that create a district to impose a limit on the amount of revenue that a district may receive.
Authorizes the board of directors of a district to use revenue for the following purposes:
● Planning and implementing forest improvement projects in wild land-urban interface areas in cooperation with state and federal agencies and conservation districts, including projects to reduce hazardous fuels and protect communities;
● Establishing financial incentives for private landowners to mitigate wildfire risks on their property, including a state income tax deduction;
● Establishing incentives for local wood products industries to improve the use of or add value to small-diameter or beetle-infested trees;
● Matching state and federal grants for bioheating conversion and infrastructure support for biomass collection and delivery; and
● Assisting the state forest service in ensuring that all communities at risk of wildfire within the district have adopted a community wildfire protection plan and are using appropriate planning, education, and outreach tools.
Allows a landowner who performs approved wildfire mitigation measures on private land in a district to request reimbursement from the district in an amount up to 50% of the direct costs of the measures or $10,000, whichever is less. Authorizes a district to reimburse the landowner at its discretion.
APPROVED by Governor
April 9, 2007
EFFECTIVE April 9,
2007
H.B. 07-1186 Regional transportation district - incorporated portions of counties - inclusion. Authorizes incorporated portions of counties to be included in the regional transportation district in the same manner as unincorporated portions of counties.
APPROVED by Governor
April 26, 2007
EFFECTIVE April 26,
2007
H.B. 07-1190 Regional transportation authority - cost of sales tax administration. Specifies that the amount of sales or use tax levied by a regional transportation authority that the department of revenue may retain as payment for collecting, administering, and enforcing the tax may not exceed the net incremental cost of the collection, administration, and enforcement.
APPROVED by Governor
May 18, 2007
EFFECTIVE January 1,
2008
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1219 Health service and health assurance districts - formation under the "Special District Act" - exemptions - authorization to levy sales tax - voting requirements - counties - authorization to impose sales tax for health care services. Specifies that the service plan filed with a county for a special district that is a health service district or health assurance district shall not be referred to the planning commission for the county in which the special district is proposed to be located. Directs the board of county commissioners (board) to conduct a public hearing regarding the service plan.
Specifies that the board shall not accept or act upon the request of a person to have his or her property excluded from a health service district or health assurance district.
Specifies an alternative to a court hearing for the petition for a health service district or health assurance district. Upon receipt of a petition for a district, directs the district court with jurisdiction in the county in which the special district will be located (court) to review the petition, the information required to be submitted with the petition, and the ruling of the board. Directs the court to determine whether the petitioners have satisfied all of the legal requirements for the formation of a special district. Specifies that in the event that the petition does not satisfy the legal requirements, the court shall either dismiss the petition or allow the petitioners to correct technical defects in the petition. Specifies that the court shall not accept or act upon the request of a person that his or her property be excluded from a health service district or health assurance district. Specifies that the court shall direct the question of the formation of the special district to be placed on the ballot in the event that the petition satisfies all of the legal requirements.
Specifies the election during which a question regarding the formation of a health service district or a health assurance district shall be presented to the voters.
Allows a health assurance district to be formed in any area of the state rather than only in rural areas. Authorizes a health service district or a health assurance district to seek voter approval to levy a sales tax in the district to generate revenues to provide health care services or facilities, as applicable. Maintains the authority for a district to be organized in accordance with the "Special District Act" and to levy a property tax in the district to generate revenues to provide health care services. Authorizes a district to seek voter approval to retain and spend revenues in excess of the constitutional spending limit.
For purposes of a health service district or a health assurance district that will levy a sales tax, exempts the district from certain requirements of the "Special District Act" and allows all eligible electors in the proposed district, rather than the property owners, to vote on the organization of the district and any related ballot issues.
Authorizes any health service district or health assurance district to contract with or work in cooperation and in conjunction with another district or any other existing health care provider or service in order to provide health care services and facilities to residents of such district.
Upon voter approval, allows any county in the state to impose an additional sales tax for the purpose of providing 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
May 24, 2007
EFFECTIVE July 1,
2007
H.B. 07-1295 Regional transportation district - area within district - identification. Specifies the area that comprises the regional transportation district (district) on and after July 1, 2007. Requires the board of directors of the district to prepare and update written documents with descriptions of the area as well as maps of the district boundaries. Requires the board to follow specified guidelines for depicting and describing the district area. Specifies that the written documents and maps are to be maintained at the district office and available for public inspection and copying. Requires the secretary of the board to file copies of the documents and maps with the secretary of state, the division of local government in the department of local affairs, the department of revenue, the transportation and energy committee of the house of representatives and the transportation committee of the senate. Requires the board to ensure that copies are recorded with the county clerk and recorder of any appropriate county.
Repeals statutory sections regarding district boundaries that are included in the new identification of land area within the district.
APPROVED by Governor
May 14, 2007
PORTIONS EFFECTIVE
May 14, 2007
PORTIONS EFFECTIVE
October 1, 2007
H.B. 07-1351 Metropolitan districts - economic development activities. Authorizes a metropolitan district to provide activities in support of business recruitment, management, and development within the district if the valuation for assessment of the commercial property within the district is more than $1.25 billion.
APPROVED by Governor
May 17, 2007
EFFECTIVE August 3,
2007
NOTE: This act was
passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
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