Government - County - Digest of Bills

Digest of Bills - 2009

GOVERNMENT - COUNTY

S.B. 09-1 Community wildfire protection plans - establishment of guidelines and criteria for preparation of plans - addressing fire hazard areas within unincorporated portions of counties. By November 15, 2009, requires the state forester, in collaboration with representatives of the United States forest service, the Colorado department of natural resources, county governments, municipal governments, local fire departments or fire protection districts, electric, gas, and water utility providers in the subject area, and state and local law enforcement agencies, to establish guidelines and criteria for counties to consider in preparing their own community wildfire protection plans (CWPPs) to address wildfires in fire hazard areas within the unincorporated portion of a county.

Requires the state forester to send timely notice of the adoption of the guidelines and criteria to the department of local affairs and statewide organizations representing Colorado counties and municipalities and to post such information on the web site of the Colorado state forest service.

Requires the board of county commissioners of each county, with the assistance of the state forester, to determine whether there are fire hazard areas within the unincorporated portion of the county.

Requires the board of county commissioners, in collaboration with the representatives of the organizations or entities that participated in establishing the guidelines and criteria, to prepare a CWPP to address wildfires in fire hazard areas within the unincorporated portion of the county. In preparing the CWPP, requires the board to consider the guidelines and criteria. Specifies that a county that has already prepared a CWPP as of the effective date of the act and, in connection with such preparation, considered the guidelines and criteria, is not required to prepare a new CWPP to satisfy the requirements of the act. Subject to the CWPP, requires sheriffs, undersheriffs, and deputies to assume charge in the case of wildfires occurring in the unincorporated area of the county.

APPROVED by Governor March 19, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-105 Firefighting - property tax levy - repeal of cap. Removes the statutory limit on the amount that may be raised in a single year by a special property tax levied by a board of county commissioners for the purpose of fighting specified types of fires in a county.

APPROVED by Governor April 30, 2009
EFFECTIVE April 30, 2009

H.B. 09-1091 Single-family and multi-family dwellings - installation of carbon monoxide alarms - duties - limitation of liability. Requires an operational carbon monoxide alarm to be installed within 15 feet of each room lawfully used for sleeping purposes, or in a location as specified in any local building code adopted by the state or any local government entity in:

An existing single-family dwelling or dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage;

A single-family dwelling or dwelling unit of a multi-family dwelling that includes either fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where a bedroom is added;

A single-family dwelling or a dwelling unit in a multi-family dwelling, except those with a specific type of alarm, that have a change in tenant occupancy on or after July 1, 2009, or that includes either fuel-fired appliances or an attached garage where on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where a bedroom is added.

Requires the real estate commission to require each listing contract for residential real property to disclose the requirements regarding carbon monoxide alarm installation.

Specifies the duties of an owner of any rental property described in the act. Specifies duties of a tenant of any such rental property.

Specifies that nothing in the act shall be construed to limit a municipality, city, home rule city, city and county, county, or other local governmental entity from adopting or enforcing more stringent requirements for the installation and maintenance of carbon monoxide alarms.

Specifies that no person shall have a claim for relief against a property owner, an authorized agent of a property owner, a person in possession of real property, or an installer for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if a carbon monoxide alarm is installed in accordance with the manufacturer's published instructions and the provisions of this article. Specifies that a purchaser shall have no claim for relief against any person licensed pursuant to the statutory provision on real estate for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if such licensed person complies with specified rules. Specifies that the limitation of liability language is not intended to affect any remedy that a purchaser may otherwise have against a seller.

APPROVED by Governor March 24, 2009
EFFECTIVE March 24, 2009

H.B. 09-1110 Property tax - residential real property advertised for rent - provision of requested information to assessor. Upon the request of the assessor of a county or a city and county made no more than twice during any year, requires a property owner or an agent of a property owner that advertises furnished residential real property that is located within the county or city and county for rent during any year to provide to the assessor a list that identifies the property by address and, in the case of an agent, by owner and address. Allows an assessor and a property owner or agent to mutually agree that the owner or agent shall annually provide the list to the assessor by a specified date.

Defines an "agent" of a property owner as a real estate broker, a property management company, a lodging company, an internet web site listing service, a print-based listing service, or any other person that either separately or as part of a package of services advertises furnished residential real property in the state for rent on behalf of the owner of the property in exchange for compensation. Specifies that, if taxable personal property that has been omitted from the assessment roll of any year or series of years is discovered due to a property owner or an agent of a property owner who advertises for rent furnished residential real property providing information to an assessor, the assessor shall not notify the treasurer of any unpaid taxes on the taxable personal property for prior years and the property owner or agent shall not be liable for any such unpaid taxes for prior years.

APPROVED by Governor April 22, 2009
EFFECTIVE April 22, 2009

H.B. 09-1162 Intergovernmental agreement between specified local governments and counties to mitigate forest land or wild land fires - components of agreement - division of parks and outdoor recreation - other state agencies - agreement to enter state land for fire mitigation purposes. On or before July 1, 2011, requires each local government that owns any land area that is located either entirely or partially outside its own territorial boundaries and inside the territorial boundaries of a county and that contains a specified percentage of forest land or land that constitutes a wild land area to enter into an intergovernmental agreement with the county for the purpose of mitigating forest land or wild land fires affecting the contiguous land areas of the local government and county. In association with the governmental parties entering into any such intergovernmental agreement, requires the parties to such agreement to consult with any utility providers that have facilities in the areas subject to the agreements to the extent the provisions of the agreements will affect the providers.

Specifies that the intergovernmental agreement shall address:

The identification of all parties to the agreement and their respective roles and responsibilities with respect to the mitigation of forest land and wild land fires;

The procedures for cooperation and coordination among the parties to the agreement;

Management objectives for forest land and wild land fire prevention, preparedness, mitigation, suppression, reclamation, or rehabilitation and designation of the local government with fiscal and operational authority for each objective;

A description of available emergency or mutual aid resources in the event of forest land and wild land fires;

The specification of reimbursement and billing procedures; and

Action that may be undertaken by one party to the agreement if another party to the agreement fails to satisfy its duties or responsibilities under the agreement.

Specifies that nothing in the act shall require any local government to enter into a new agreement if the local government is a party to an agreement in existence as of the effective date of the act, including, without limitation, a mutual aid agreement that satisfies the requirements of the act unless the terms of any such agreement, including a mutual aid agreement, fail to address the responsibility among local governments for mitigating wild land fires in wild land-urban interface areas.

In accordance with existing statutory requirements and pursuant to a contract, intergovernmental agreement, or memorandum of understanding, authorizes the division of parks and outdoor recreation to allow fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter state parks, state recreation areas, and natural areas for the purpose of mitigating forest land or wild land fires in or around such parks, recreation areas, and natural areas. Specifies permissible activities to be undertaken by a fire department pursuant to this requirement of the act to include prescribed burning as a component of wildfire mitigation or forest or wild land management and exercises to promote the training of firefighting personnel.

Specifies that nothing in the act shall be construed as affecting the authority of any state agency other than the division of parks and outdoor recreation to enter into a contract, intergovernmental agreement, or memorandum of understanding for the purpose of allowing fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter land areas under the jurisdiction of the state agency to undertake the permissible activities specified in the act.

APPROVED by Governor April 30, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1203 Fixing of fees - salaries of county officers - reclassification of Montezuma county. Reclassifies Montezuma county from the fourth class of counties to the third class of counties for the purpose of fixing fees. Recategorizes Montezuma county from category IV to category III for the purpose of establishing the salaries of county officers.

APPROVED by Governor April 3, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1250 Allocation of national forest payments received by a county. Requires 25% of the national forest payments received by a county to be allocated to the county road and bridge fund and to the public schools in the county. Permits the county commissioners and representatives from the public schools in the county to meet and agree upon the allocation of the remaining 50% of the national forest payments. Prohibits the spending of any unallocated national forest payments until such time as the parties agree.

In a federal fiscal year in which the state receives less than $6 million in national forest payments, permits the county commissioners and representatives from the public schools in the county to meet and agree upon the allocation of 100% of the national forest payments to either the county road and bridge fund or the public schools in the county. Prohibits the spending of any unallocated national forest payments until such time as the parties agree.

APPROVED by Governor May 11, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1252 Local access to health care pilot program - expansion to San Luis valley - prioritization of vendors for performing pilot program functions - report - repeal. Expands the "Local Access to Health Care Pilot Program Act" to allow the creation of a pilot program in the San Luis valley. Authorizes the San Luis valley county commissioners association (association) to create a pilot program to provide access to health care services to individuals employed by San Luis valley employers who are uninsured and ineligible for participation in programs available under the "Colorado Medical Assistance Act", the "Children's Basic Health Plan Act", or medicare pursuant to Title XVIII of the federal "Social Security Act".

Permits the association to contract with a nonprofit corporation for purposes of operating the pilot program. Allows the contractor to prioritize a selection of vendors that are capable, existing local entities to assist in the performance of the daily functions of the pilot program, which functions include the implementation of health benefit designs, payment of hospital and professional claims for services, provision of employer group billing, provision of actuarial and underwriting experience, and management of enrollment and eligibility for participation in the pilot program.

Requires the association and the contractor to submit a report to the general assembly by March 15, 2014, with distribution to the commissioner of insurance, the local government committee of the house of representatives, and the local government and energy committee of the senate, regarding the activities of the San Luis valley pilot program. Specifies that the report is to detail the following information:

An assessment of whether the pilot program has benefitted the San Luis valley, employers located in the valley, and individuals and families eligible to participate in the pilot program;

The number of eligible individuals and employers participating in the pilot program;

The number of months that participating individuals were uninsured prior to enrolling in the pilot program; and

Any other pertinent information.

Repeals the authority of the association to create a pilot program or contract for the operation of the pilot program on July 1, 2014.

APPROVED by Governor June 2, 2009
EFFECTIVE June 2, 2009