First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0415.02 Bob Lackner x4350    HOUSE BILL 13-1108
                    HOUSE SPONSORSHIP
 Sonnenberg,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the annexation by a municipality of land area
            contained within the service area of a fire protection
            district.
       
       
                           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.)
       
            In the case of any annexation that will result in the annexation by
       a municipality of an area that is within the service area of a fire protection
       district (district), section 1 of the bill preserves the boundaries of the
       district as they exist at the time of the commencement of the annexation
       proceedings. The fire protection district is required to continue to provide
       service, and perform its other duties and responsibilities for, the residents
       of the area as if the area had not been annexed. The bill is not intended to
       limit the ability of a district to modify its boundaries as otherwise
       provided by law.
            Current law requires an annexing municipality to prepare an
       annexation impact report to be considered in connection with the hearing
       held by a governing body regarding the legality of the proposed
       annexation. Section 2 of the bill adds as an item to be included in the
       impact report a statement identifying the effects of the annexation upon
       fire protection districts whose service area overlaps to any extent with the
       land area to be annexed.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 31-12-105, add (1)
       (i) as follows:
            31-12-105.  Limitations. (1)  Notwithstanding any provisions of
       this part 1 to the contrary, the following limitations shall apply to all
       annexations:
            (i)  In the case of any annexation that will result in the
       annexation by a municipality of an area that is within the
       service area of a fire protection district, the boundaries of the
       district are preserved as they exist at the time of the
       commencement of the annexation proceedings. The district must
       continue to provide service to, and perform its other lawful
       duties and responsibilities for, the residents of the area as if the
       area had not been annexed. Nothing in this paragraph (i) is meant
       to limit the ability of a fire protection district to modify its
       boundaries as otherwise provided by law.
            SECTION 2.  In Colorado Revised Statutes, 31-12-108.5, add (1)
       (g) as follows:
            31-12-108.5.  Annexation impact report - requirements.
       (1)  The municipality shall prepare an impact report concerning the
       proposed annexation at least twenty-five days before the date of the
       hearing established pursuant to section 31-12-108 and shall file one copy
       with the board of county commissioners governing the area proposed to
       be annexed within five days thereafter. Such report shall not be required
       for annexations of ten acres or less in total area or when the municipality
       and the board of county commissioners governing the area proposed to be
       annexed agree that the report may be waived. Such report shall include,
       as a minimum:
            (g)  A statement identifying the effects of the annexation
       upon fire protection districts that have any portion of the
       service area overlapping the area to be annexed.
            SECTION 3.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect September 1, 2013; 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 will not take effect unless
       approved by the people at the general election to be held in November
       2014 and, in such case, will take effect on the date of the official
       declaration of the vote thereon by the governor.
            (2)  This act applies to annexations commenced on or after the
       applicable effective date of this act.