House Bill 25-1219 Introduced

A Bill for an Act

• Page 1, Line 101Concerning requirements for metropolitan districts that

• Page 1, Line 102aid the public's understanding of metropolitan

• Page 1, Line 103districts.

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://leg.colorado.gov.)

Under current law, certain metropolitan districts are required to hold annual public meetings at which residents can ask questions about the metropolitan district and financial information about the metropolitan district is shared. The bill requires that, in addition to notice requirements under the Colorado open meetings law, notice of this annual meeting be provided by postcard or letter to residents or by electronic mail to any electronic mailing addresses that the metropolitan district has on file and be posted on the homepage of the metropolitan district's website. The bill also requires that, if the annual meeting is held at a physical location, there be available hard copies of self-nomination and acceptance forms, which are forms required to be filed for an eligible elector to be a candidate for a board position at a special district election.

The bill also requires that metropolitan districts that are required to have a publicly accessible website must establish a system or a process for residents to contact someone associated with the metropolitan district at times when district personnel is otherwise unavailable or unreachable to address any questions or concerns regarding services of the metropolitan district.

For a metropolitan district that is required to have a publicly accessible website, the bill requires the following additional information to be provided on the website:

• The date, time, and location of the annual meeting;
• An explanation of what metropolitan districts are generally and how the metropolitan district operates;
• The services that the metropolitan district provides and, if a service to the metropolitan district's residents is not provided by the metropolitan district, the name of the entity that provides the service;
• The name of the county or municipality with which the metropolitan district must file its annual report; and
• The name and contact information of someone who residents can contact with questions or concerns about the services of the district when district personnel is otherwise unavailable or unreachable.
• The names, terms, and contact information of individuals serving on the board of directors and of any manager of the metropolitan district;
• The date, time, and location of scheduled regular meetings, including the annual meeting;
• The call for nominations for candidates to run for election to the board of directors;
• Information about the services the metropolitan district provides and the services that are provided by other entities; and
• The name and contact information of who residents can contact with questions or concerns about the services of the district when district personnel is otherwise unavailable or unreachable.

The bill also specifies that the following information must be provided on the home page of the metropolitan district's website:

Current law requires that each owner of real property that sells real property that includes a newly constructed residence and that is in the boundaries of a metropolitan district must provide certain disclosures to purchasers of the property including access to the annually required notice to electors and the metropolitan district's service plan; information on the authority the metropolitan district has to issue debt, levy property taxes, and impose fees, rates, tolls, penalties, or other charges; an estimate of property taxes levied by the metropolitan district for collection during the year the sale occurs; and a copy of the most current certificate of taxes due or tax statement to provide an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property. The bill requires this disclosure to be made by all owners of any residential real property, regardless of whether it is new construction, that is located within the boundaries of a metropolitan district organized after January 1, 2000.

The bill also requires an owner of residential real property that is located within the boundaries of a metropolitan district organized after January 1, 2000, that sells the property to provide a hard copy of the explanation of what metropolitan districts are generally and how the metropolitan district operates that is required to be provided on the metropolitan district's website.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 32-1-104.5, amend

• Page 3, Line 3(3)(a)(V) and (3)(a)(VIII); and add (3)(a)(X), (3)(a)(XI), (3)(a)(XII), (3)(a)(XIII), (3)(a.5), and (4) as follows:

• Page 3, Line 432-1-104.5.  Audit and budget requirements - election results

• Page 3, Line 5- description on state websites - official websites for metropolitan

• Page 3, Line 6districts - requirement for designated contact person. (3) (a)  Except

• Page 3, Line 7as provided in subsection (3)(d) of this section, within one year of the

• Page 3, Line 8date an order and decree has been issued by a district court for a newly

• Page 3, Line 9organized metropolitan district, or by January 1, 2023, for any

• Page 3, Line 10metropolitan district that has received an order and decree from the

• Page 3, Line 11district court in connection with its organization after January 1, 2000, but

• Page 3, Line 12before January 1, 2022, the metropolitan district shall establish, maintain,

• Page 4, Line 1and, unless otherwise specified, annually update an official website in a

• Page 4, Line 2form that is readily accessible to the public that contains the following information:

• Page 4, Line 3(V)  By January 30 of each year, the date, time, and location of

• Page 4, Line 4scheduled regular meetings of the district's board for the current fiscal

• Page 4, Line 5year and the date, time, and location of the annual meeting, if applicable, required by section 32-1-903 (6);

• Page 4, Line 6(VIII)  A current map depicting the boundaries of the metropolitan district as of January 1 of the current fiscal year; and

• Page 4, Line 7(X)  A general explanation in plain, nontechnical

• Page 4, Line 8language, about what a metropolitan district is and the

• Page 4, Line 9mechanics of how the metropolitan district operates, including

• Page 4, Line 10information on how public improvements are, or will be,

• Page 4, Line 11financed, how ongoing operations of the metropolitan district

• Page 4, Line 12and maintenance of public improvements are funded, and

• Page 4, Line 13information on how a resident can serve on the board of the metropolitan district;

• Page 4, Line 14(XI)  The services that the metropolitan district provides

• Page 4, Line 15and the services that other entities provide to residents of the

• Page 4, Line 16metropolitan district, including the names of the entities that provide the other services;

• Page 4, Line 17(XII)  The name of the county or the municipality with

• Page 4, Line 18which the metropolitan district must file its annual report and

• Page 4, Line 19which may request that money of the metropolitan district be

• Page 4, Line 20withheld pursuant to section 32-1-209 if the annual reporting requirements are not met; and

• Page 4, Line 21(XIII)  The name and contact information of someone who

• Page 5, Line 1residents can contact to address any questions or concerns

• Page 5, Line 2about the services the metropolitan district provides as required by subsection (4) of this section.

• Page 5, Line 3(a.5)  Information that is required by subsections (3)(a)(I),

• Page 5, Line 4(3)(a)(V), (3)(a)(VI), (3)(a)(XI), and (3)(a)(XIII) of this section must

• Page 5, Line 5be provided on the homepage of the metropolitan district's website.

• Page 5, Line 6(4)  A metropolitan district that is required to establish

• Page 5, Line 7and maintain an official website pursuant to subsection (3) of

• Page 5, Line 8this section shall establish a system or a process for residents

• Page 5, Line 9to contact someone associated with the metropolitan district

• Page 5, Line 10who can address any questions or concerns of a resident

• Page 5, Line 11regarding services of the metropolitan district outside of

• Page 5, Line 12regular business hours or during any times when metropolitan district personnel is otherwise unavailable or unreachable.

• Page 5, Line 13SECTION 2.  In Colorado Revised Statutes, 32-1-903, amend (6)(c); and add (6)(a.5) as follows:

• Page 5, Line 1432-1-903.  Meetings - definitions. (6) (a.5)  The board shall

• Page 5, Line 15ensure that at an annual meeting that is held in person,

• Page 5, Line 16self-nomination and acceptance forms as provided in section

• Page 5, Line 171-13.5-303 are available to residents in paper form. The board

• Page 5, Line 18shall make reasonable efforts to ensure that residents are

• Page 5, Line 19advised that, in accordance with section 1-13.5-303 (1) and

• Page 5, Line 201-13.5-303 (4), self-nomination and acceptance forms are to be

• Page 5, Line 21filed with the designated election official or, if none has been

• Page 5, Line 22designated, with the presiding officer or the secretary of the

• Page 5, Line 23board no earlier than January 1 and no later than the normal

• Page 6, Line 1close of business on the sixty-seventh day before the date of a regular special district election.

• Page 6, Line 2(c)  Notice of the time and location of an annual meeting required

• Page 6, Line 3by this subsection (6) must be provided in accordance with subsection (2)

• Page 6, Line 4of this section and by postcard or letter to property owners

• Page 6, Line 5within the metropolitan district as listed on the records of the

• Page 6, Line 6county assessor on the date requested or by electronic mail to

• Page 6, Line 7any electronic mailing addresses of property owners within the

• Page 6, Line 8metropolitan district that the metropolitan district has on file,

• Page 6, Line 9and must be posted on the home page of the metropolitan district's website in accordance with section 32-1-104.5 (3)(a.5).

• Page 6, Line 10SECTION 3.  In Colorado Revised Statutes, 38-35.7-110, amend (2); and repeal (1) as follows:

• Page 6, Line 1138-35.7-110.  Disclosure - estimated future property taxes for

• Page 6, Line 12residences within the boundaries of a metropolitan district - rules -

• Page 6, Line 13definition. (1)  As used in this section, "newly constructed residence"

• Page 6, Line 14means a residential improvement as defined in section 39-1-102 (14.3) that:

• Page 6, Line 15(a)  Has not been previously sold to its intended occupant as a place of residence; and

• Page 6, Line 16(b)  Is located within the territorial boundaries of a metropolitan district.

• Page 6, Line 17(2)  On and after January 1, 2022, each an owner of residential

• Page 6, Line 18real property that is located within the boundaries of a

• Page 6, Line 19metropolitan district organized on or after January 1, 2000,

• Page 6, Line 20that sells real the property, that includes a newly constructed residence,

• Page 6, Line 21concurrently with or prior to the execution of a contract to sell the property, shall provide to the purchaser of the property:

• Page 7, Line 1SECTION 4.  In Colorado Revised Statutes, amend 38-35.7-111 as follows:

• Page 7, Line 238-35.7-111.  Disclosure - metropolitan district website -

• Page 7, Line 3residences within the boundaries of a metropolitan district. On or

• Page 7, Line 4after January 1, 2024, an owner of residential real property that is located

• Page 7, Line 5within the boundaries of a metropolitan district organized on or after

• Page 7, Line 6January 1, 2000, that sells the property shall provide the purchaser of the

• Page 7, Line 7property with the official website established by the metropolitan district

• Page 7, Line 8pursuant to section 32-1-104.5 (3) and a hard copy of the

• Page 7, Line 9information required to be provided on the metropolitan

• Page 7, Line 10district's website pursuant to section 32-1-104.5 (3)(a)(X). The

• Page 7, Line 11information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.

• Page 7, Line 12SECTION 5.  Act subject to petition - effective date. This act

• Page 7, Line 13takes effect at 12:01 a.m. on the day following the expiration of the

• Page 7, Line 14ninety-day period after final adjournment of the general assembly; except

• Page 7, Line 15that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 7, Line 16of the state constitution against this act or an item, section, or part of this

• Page 7, Line 17act within such period, then the act, item, section, or part will not take

• Page 7, Line 18effect unless approved by the people at the general election to be held in

• Page 7, Line 19November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.