First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0735.01 Bob Lackner SENATE BILL 11-117 SENATE SPONSORSHIP Mitchell, HOUSE SPONSORSHIP (None), Senate Committees House Committees Local Government and Energy A BILL FOR AN ACT Concerning limitations on restrictions by governmental bodies on specified private activities. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits restrictions by the state or any political subdivision on specified private activities. Specifically, the bill prohibits the state and any political subdivision from: Requiring any parent or guardian of a minor child to provide a notice or other form of communication from a doctor or other health care professional in order to attest to illness on the part of the child; or Requiring any person or entity to make any particular monetary or in-kind gift or contribution or other form of benefit to a charitable organization as a condition of granting the person or entity any license, approval, grant, permit, or other form of discretionary approval in connection with a matter over which the state or a political subdivision possesses jurisdiction. The bill prohibits any private property acquired by the state or a political subdivision, pursuant to legal provisions authorizing private and public takings upon the payment of just compensation, from being subsequently transferred to a private party. The bill prohibits the state and political subdivisions from using an automated vehicle identification system to detect a violation of motor vehicle laws without citing nationally recognized standards demonstrating enhanced benefits to public safety resulting from the use of such system. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 19.9 Repeal of Unreasonable Restrictions by Governmental Bodies on Private Activities 24-19.9-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Political subdivision" means a county, city and county, city, town, service authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law. 24-19.9-102. Elimination of restrictions by state and political subdivisions - private activities. (1) Notwithstanding any other provision of law, neither the state nor any political subdivision may: (a) Require any parent or guardian of a minor child to provide a notice or other form of communication from a doctor or other health care professional in order to attest to illness on the part of the child; or (b) Require any person or entity to make any particular monetary or in-kind gift or contribution or other form of benefit to a charitable organization as a condition of granting the person or entity any license, approval, grant, permit, franchise, or other form of discretionary approval in connection with a matter over which the state or a political subdivision possesses jurisdiction. SECTION 2. 38-1-101 (1), Colorado Revised Statutes, is amended to read: 38-1-101. Compensation - public use - commission - jury - court - prohibition on elimination of nonconforming uses or nonconforming property design by amortization - limitation on extraterritorial condemnation by municipalities - definitions. (1) (a) Notwithstanding any other provision of law, in order to protect property rights, without the consent of the owner of the property, private property shall not be taken or damaged by the state or any political subdivision for a public or private use without just compensation. Notwithstanding any other provision of law, no private property acquired by the state or a political subdivision after the effective date of this subsection (1), as amended, pursuant to this article or sections 14 and 15 of article II of the state constitution shall be subsequently transferred to a private party. (b) (I) For purposes of satisfying the requirements of this section, "public use" shall not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenue. Private property may otherwise be taken solely for the purpose of furthering a public use. (II) By enacting subparagraph (I) of this paragraph (b), the general assembly does not intend to create a new procedural mechanism to bring about the condemnation of private property. By enacting subparagraph (I) of this paragraph (b), the general assembly intends to limit only as provided in subparagraph (I) of this paragraph (b), and not expand, the definition of "public use". (c) Nothing in this section shall affect the right of a private party to condemn property as otherwise provided by law. SECTION 3. 42-4-110.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 42-4-110.5. Automated vehicle identification systems. (7) Notwithstanding any other provision of this article, on or after the effective date of this subsection (7), neither the state nor a political subdivision may use an automated vehicle identification system in accordance with the requirements of this section to detect a violation of this article without citing nationally recognized standards demonstrating enhanced benefits to public safety resulting from the use of such system. SECTION 4. Act subject to petition - effective date - applicability. (1) This act shall take effect September 1, 2011; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to acts of the state or a political subdivision carried out on or after the applicable effective date of this act.