First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0941.01 Bob Lackner x4350    SENATE BILL 15-284
                   SENATE SPONSORSHIP
 Cadman and Scheffel,  Guzman, Grantham
 
                    HOUSE SPONSORSHIP
 Vigil and Lundeen,  Williams, Carver, Dore, Klingenschmitt, Landgraf, Saine
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a requirement that the voters of a municipality
            approve payments made from tax collections into the
            special fund of an urban renewal authority for all
            urban renewal plans covering an urban renewal area
            that includes agricultural land in connection with the
            existing statutory obligation to obtain the consent of
            each public body that levies an ad valorem property
            tax on the agricultural land for which the allocation
            between base and increment tax revenues in accordance
            with the urban renewal plan has not taken effect as of
            May 7, 2015.
       
       
                           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 urban renewal plan (plan) covering an urban
       renewal area that includes agricultural land, the bill prohibits the payment
       of the tax increment authorized by the plan into the special fund of the
       authority unless the plan has been approved at a regular election of the
       municipality by a majority of the registered electors of the municipality.
            The bill allows any registered elector of the municipality to file an
       action in state district court to enforce its provisions.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 31-25-102, amend
       (4) as follows:
            31-25-102.  Legislative declaration. (4)  The general assembly
       further finds and declares that:
            (a)  Urban renewal areas created for the purposes described in
       subsections (1) and (2) of this section shall not include agricultural land
       except in connection with the limited circumstances described in this part
       1; and
            (b)  The inclusion of agricultural land within urban renewal areas
       is a matter of statewide concern; and
            (c)  The ability to incorporate agricultural land within
       areas designated as blighted under this part 1 should be
       narrowly construed so that such designation is not used to
       encourage the subsidized development of open spaces but instead
       is focused on eliminating urban decay and slum areas injurious
       to the public health, safety, morals, and welfare of the
       residents of the state and the affected municipalities.
            SECTION 2.  In Colorado Revised Statutes, 31-25-107, add (1.5)
       as follows:
            31-25-107.  Approval of urban renewal plans by local
       governing body - approval of certain payments into special fund of
       the authority by voters of municipality. (1.5) (a)  The provisions of
       paragraph (b) of this subsection (1.5) apply to any urban renewal
       plan covering an urban renewal area that includes
       agricultural land under the condition specified in
       sub-subparagraph (D) of subparagraph (II) of paragraph (c) of
       subsection (1) of this section for which the allocation of
       property tax revenues to be deposited into the special fund of
       the authority pursuant to subparagraph (II) of paragraph (a) of
       subsection (9) of this section for the purpose of financing an
       urban renewal project has not taken effect as of May 7, 2015.
            (b)  Notwithstanding any other provision of law, in the
       case of any urban renewal plan described in paragraph (a) of this
       subsection (1.5), no payments shall be made into the special fund
       of the authority in accordance with subparagraph (II) of
       paragraph (a) of subsection (9) of this section unless the urban
       renewal plan has been approved at a regular election of the
       municipality by a majority of the registered electors of the
       municipality. The governing body of the municipality shall refer
       the question described in this paragraph (b) to the voters of the
       municipality in accordance with the procedures specified in
       article 11 of this title.
            (c)  Any registered elector of the municipality may file an
       action in state district court to enforce the provisions of this
       subsection (1.5).
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.