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Colorado House Bill HB1219

Colorado 2025 Regular Session

Colorado House Bill HB1219 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REREVISED
5-This Version Includes All Amendments
6-Adopted in the Second House
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
77 LLS NO. 25-0671.01 Megan McCall x4215
88 HOUSE BILL 25-1219
99 House Committees Senate Committees
1010 Transportation, Housing & Local Government Local Government & Housing
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING REQUIREMENTS FOR METROPOLITAN DISTRICTS THAT101
1414 AID THE PUBLIC 'S UNDERSTANDING OF METROPOLITAN102
1515 DISTRICTS.103
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 Under current law, certain metropolitan districts are required to
2424 hold annual public meetings at which residents can ask questions about
2525 the metropolitan district and financial information about the metropolitan
2626 district is shared. The bill requires that, in addition to notice requirements
2727 under the Colorado open meetings law, notice of this annual meeting be
2828 SENATE
29-3rd Reading Unamended
30-April 17, 2025
29+Amended 2nd Reading
30+April 16, 2025
3131 HOUSE
3232 3rd Reading Unamended
3333 March 19, 2025
3434 HOUSE
3535 Amended 2nd Reading
3636 March 17, 2025
37-SENATE
38-Amended 2nd Reading
39-April 16, 2025
4037 HOUSE SPONSORSHIP
4138 Phillips and Barron, Bird, Duran, Hamrick, Lindstedt, Smith, Titone, Willford
4239 SENATE SPONSORSHIP
43-Mullica and Frizell, Amabile, Bridges, Cutter, Daugherty, Exum, Hinrichsen, Jodeh, Kipp,
44-Marchman, Michaelson Jenet, Roberts
40+Mullica and Frizell,
4541 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4642 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4743 Dashes through the words or numbers indicate deletions from existing law. provided by postcard or letter to residents or by electronic mail to any
4844 electronic mailing addresses that the metropolitan district has on file and
4945 be posted on the homepage of the metropolitan district's website. The bill
5046 also requires that, if the annual meeting is held at a physical location,
5147 there be available hard copies of self-nomination and acceptance forms,
5248 which are forms required to be filed for an eligible elector to be a
5349 candidate for a board position at a special district election.
5450 The bill also requires that metropolitan districts that are required
5551 to have a publicly accessible website must establish a system or a process
5652 for residents to contact someone associated with the metropolitan district
5753 at times when district personnel is otherwise unavailable or unreachable
5854 to address any questions or concerns regarding services of the
5955 metropolitan district.
6056 For a metropolitan district that is required to have a publicly
6157 accessible website, the bill requires the following additional information
6258 to be provided on the website:
6359 ! The date, time, and location of the annual meeting;
6460 ! An explanation of what metropolitan districts are generally
6561 and how the metropolitan district operates;
6662 ! The services that the metropolitan district provides and, if
6763 a service to the metropolitan district's residents is not
6864 provided by the metropolitan district, the name of the entity
6965 that provides the service;
7066 ! The name of the county or municipality with which the
7167 metropolitan district must file its annual report; and
7268 ! The name and contact information of someone who
7369 residents can contact with questions or concerns about the
7470 services of the district when district personnel is otherwise
7571 unavailable or unreachable.
7672 The bill also specifies that the following information must be
7773 provided on the home page of the metropolitan district's website:
7874 ! The names, terms, and contact information of individuals
7975 serving on the board of directors and of any manager of the
8076 metropolitan district;
8177 ! The date, time, and location of scheduled regular meetings,
8278 including the annual meeting;
8379 ! The call for nominations for candidates to run for election
8480 to the board of directors;
8581 ! Information about the services the metropolitan district
8682 provides and the services that are provided by other
8783 entities; and
8884 ! The name and contact information of who residents can
8985 contact with questions or concerns about the services of the
9086 district when district personnel is otherwise unavailable or
9187 unreachable.
9288 1219
9389 -2- Current law requires that each owner of real property that sells real
9490 property that includes a newly constructed residence and that is in the
9591 boundaries of a metropolitan district must provide certain disclosures to
9692 purchasers of the property including access to the annually required
9793 notice to electors and the metropolitan district's service plan; information
9894 on the authority the metropolitan district has to issue debt, levy property
9995 taxes, and impose fees, rates, tolls, penalties, or other charges; an estimate
10096 of property taxes levied by the metropolitan district for collection during
10197 the year the sale occurs; and a copy of the most current certificate of taxes
10298 due or tax statement to provide an estimate of the sum of additional mill
10399 levies levied by other taxing entities that overlap the property. The bill
104100 requires this disclosure to be made by all owners of any residential real
105101 property, regardless of whether it is new construction, that is located
106102 within the boundaries of a metropolitan district organized after January
107103 1, 2000.
108104 The bill also requires an owner of residential real property that is
109105 located within the boundaries of a metropolitan district organized after
110106 January 1, 2000, that sells the property to provide a hard copy of the
111107 explanation of what metropolitan districts are generally and how the
112108 metropolitan district operates that is required to be provided on the
113109 metropolitan district's website.
114110 Be it enacted by the General Assembly of the State of Colorado:1
115111 SECTION 1. In Colorado Revised Statutes, 32-1-104.5, amend2
116112 (3)(a)(V) and (3)(a)(VIII); and add (3)(a)(X), (3)(a)(XI), (3)(a)(XII),3
117113 (3)(a)(XIII), (3)(a.5), and (4) as follows:4
118114 32-1-104.5. Audit and budget requirements - election results5
119115 - description on state websites - official websites for metropolitan6
120116 districts - requirement for designated contact person. (3) (a) Except7
121117 as provided in subsection (3)(d) of this section, within one year of the8
122118 date an order and decree has been issued by a district court for a newly9
123119 organized metropolitan district, or by January 1, 2023, for any10
124120 metropolitan district that has received an order and decree from the11
125121 district court in connection with its organization after January 1, 2000, but12
126122 before January 1, 2022, the metropolitan district shall establish, maintain,13
127123 1219-3- and, unless otherwise specified, annually update an official website in a1
128124 form that is readily accessible to the public that contains the following2
129125 information:3
130126 (V) By January 30 of each year, the date, time, and location of4
131127 scheduled regular meetings of the district's board for the current fiscal5
132128 year
133129 AND THE DATE, TIME, AND LOCATION OF THE ANNUAL MEETING , IF6
134130 APPLICABLE, REQUIRED BY SECTION 32-1-903 (6);7
135131 (VIII) A current map depicting the boundaries of the metropolitan8
136132 district as of January 1 of the current fiscal year; and
137133 9
138134 (X) A
139135 GENERAL EXPLANATION IN PLAIN , NONTECHNICAL10LANGUAGE, ABOUT WHAT A METROPOLITAN DISTRICT IS, THE PUBLIC11
140136 IMPROVEMENTS AND SERVICES IT PROVIDES, THE AMOUNT OF DEBT IT CAN12
141137 INCUR TO PROVIDE AND PAY FOR PUBLIC INFRASTRUCTURE, WHAT13
142138 REVENUE MAY BE USED TO REPAY SUCH DEBT, THE MAXIMUM MILL LEVY14
143139 IT MAY ASSESS TO REPAY SUCH DEBT, AND HOW A RESIDENT CAN SERVE ON15
144140 THE BOARD OF THE METROPOLITAN DISTRICT ;16
145141 (XI) THE NAMES OF THE GOVERNMENTAL ENTITIES THAT OVERLAP17
146142 THE METROPOLITAN DISTRICT'S BOUNDARIES;18
147143 (XII) T
148144 HE NAME OF THE COUNTY OR THE MUNICIPALITY WITH19
149145 WHICH THE METROPOLITAN DISTRICT MUST FILE ITS ANNUAL REPORT AND20
150146 WHICH MAY REQUEST THAT MONEY OF THE METROPOLITAN DISTRICT BE21
151147 WITHHELD PURSUANT TO SECTION 32-1-209 IF THE ANNUAL REPORTING22
152148 REQUIREMENTS ARE NOT MET ; AND23
153149
154150 (XIII) INFORMATION REGARDING THE SYSTEM OR PROCESS FOR24
155151 CONTACTING SOMEONE ASSOCIATED WITH THE METROPOLITAN DISTRICT25
156152 DURING REGULAR BUSINESS HOURS AND OUTSIDE OF REGULAR BUSINESS26
157153 HOURS OR WHEN METROPOLITAN DISTRICT PERSONNEL ARE OTHERWISE27
158154 1219
159155 -4- UNAVAILABLE OR UNREACHABLE AS REQUIRED BY SUBSECTION (4) OF THIS1
160156 SECTION.2
161157 (a.5) I
162158 NFORMATION THAT IS REQUIRED BY SUBSECTIONS (3)(a)(I),3
163159 (3)(a)(V), (3)(a)(VI), (3)(a)(XI),
164160 AND (3)(a)(XIII) OF THIS SECTION MUST4
165161 BE PROVIDED ON THE HOME PAGE
166162 OF THE METROPOLITAN DISTRICT 'S5
167163 WEBSITE; EXCEPT THAT INFORMATION ABOUT THE ANNUAL MEETING MUST6
168164 BE EITHER POSTED ON THE HOME PAGE OR ACCESSIBLE BY A LINK ON THE7
169165 HOME PAGE IN ACCORDANCE WITH SECTION 32-1-903 (6)(c).8
170166 (4) A
171167 METROPOLITAN DISTRICT THAT IS REQUIRED TO ESTABLISH9
172168 AND MAINTAIN AN OFFICIAL WEBSITE PURSUANT TO SUBSECTION (3) OF10
173169 THIS SECTION SHALL ESTABLISH A SYSTEM OR
174170 PROCESS FOR RESIDENTS11
175171 TO CONTACT SOMEONE ASSOCIATED WITH THE METROPOLITAN DISTRICT12
176172 WHO CAN ADDRESS ANY QUESTIONS OR CONCERNS OF A RESIDENT13
177173 REGARDING THE METROPOLITAN DISTRICT DURING REGULAR BUSINESS14
178174 HOURS. THE METROPOLITAN DISTRICT SHALL ALSO ESTABLISH A SYSTEM15
179175 OR PROCESS FOR RESIDENTS TO CONTACT SOMEONE ASSOCIATED WITH THE16
180176 METROPOLITAN DISTRICT OUTSIDE OF REGULAR BUSINESS HOURS OR17
181177 DURING ANY TIMES WHEN METROPOLITAN DISTRICT PERSONNEL ARE18
182178 OTHERWISE UNAVAILABLE OR UNREACHABLE TO ADDRESS MA TTERS OF AN19
183179 EMERGENT NATURE THAT CANNOT WAIT UNTIL REGULAR BUSINESS HOURS20
184180 RESUME. 21
185181 SECTION 2. In Colorado Revised Statutes, 32-1-202, amend22
186182 (2)(n); and add (2)(o) as follows:23
187183 32-1-202. Filing of service plan required - report of filing -24
188184 contents - fee. (2) The service plan shall contain the following:25
189185 (n) For a metropolitan district that submits a service plan to one26
190186 or more boards of county commissioners pursuant to this section on or27
191187 1219
192188 -5- after January 1, 2024, the maximum debt that may be issued by the1
193189 district, as determined by the board of county commissioners of each2
194190 county that is approving the service plan; AND3
195191 (o) FOR A METROPOLITAN DISTRICT THAT SUBMITS A SERVICE PLAN4
196192 TO ONE OR MORE BOARDS OF COUNTY COMMISSIONERS PURSUANT TO THIS5
197193 SECTION ON OR AFTER JANUARY 1, 2025, THE MAXIMUM TERM FOR6
198194 IMPOSITION OF A DEBT SERVICE MILL LEVY ON ANY PROPERTY DEVELOPED7
199195 FOR RESIDENTIAL PURPOSES AFTER THE INITIAL YEAR OF IMPOSITION OF8
200196 SUCH DEBT SERVICE MILL LEVY, AS DETERMINED BY THE BOARD OF9
201197 COUNTY COMMISSIONERS OF EACH COUNTY THAT IS APPROVING THE10
202198 SERVICE PLAN.11
203199 SECTION 3. In Colorado Revised Statutes, 32-1-903, amend12
204200 (6)(c); and add (6)(a.5) as follows:13
205201 32-1-903. Meetings - definitions. (6) (a.5) T
206202 HE BOARD SHALL14
207203 ENSURE THAT AT AN ANNUAL M EETING THAT IS HELD IN
208204 PERSON AND IS15
209205 HELD IN A YEAR IMMEDIATELY PRECEDING A YEAR IN WHICH A REGULAR16
210206 SPECIAL DISTRICT ELECTION WILL BE HELD, SELF-NOMINATION AND17
211207 ACCEPTANCE FORMS AS PROVIDED IN SECTION 1-13.5-303 ARE AVAILABLE18
212208 TO RESIDENTS IN PAPER FORM. THE BOARD SHALL MAKE REASONABLE19
213209 EFFORTS TO ENSURE THAT RESIDENTS ARE ADVISED THAT , IN ACCORDANCE20
214210 WITH SECTION 1-13.5-303 (1) AND 1-13.5-303 (4), SELF-NOMINATION AND21
215211 ACCEPTANCE FORMS ARE TO BE FILED WITH THE DESIGNATED ELECTION22
216212 OFFICIAL OR, IF NONE HAS BEEN DESIGNATED , WITH THE PRESIDING23
217213 OFFICER OR THE SECRETARY OF THE BOARD NO EARLIER THAN JANUARY24
218214 1
219215 AND NO LATER THAN THE NORMAL CLOSE OF BUSINESS ON THE25
220216 SIXTY-SEVENTH DAY BEFORE THE DATE OF A REGULAR SPECIAL DISTRICT26
221217 ELECTION.27
222218 1219
223219 -6- (c) Notice of the time and location of an annual meeting required1
224220 by this subsection (6) must be provided in accordance with subsection (2)2
225221 of this section AND BY MAILING THE NOTICE, AT THE LOWEST COST OPTION,3
226222 TO EACH ADDRESS OF ELIGIBLE ELECTORS WITHIN THE METROPOLITAN4
227223 DISTRICT AS LISTED ON THE LIST PROVIDED BY THE COUNTY ASSESSOR AS5
228224 OF THE DATE THAT IS NO MORE THAN NINETY DAYS PRIOR TO THE ANNUAL6
229225 MEETING OR BY EMAIL TO ANY EMAIL ADDRESSES OF ELIGIBLE ELECTORS7
230226 WITHIN THE METROPOLITAN DISTRICT THAT ELIGIBLE ELECTORS HAVE8
231227 PROVIDED TO THE METROPOLITAN DISTRICT FOR PURPOSES OF RECEIVING9
232228 COMMUNICATIONS FROM THE METROPOLITAN DISTRICT, and must be10
233229 EITHER posted on the HOME PAGE OF THE metropolitan district's website11
234230 OR ACCESSIBLE BY A LINK ON THE HOME PAGE OF THE METROPOLITAN12
235231 DISTRICT.13
236232 SECTION 4. In Colorado Revised Statutes, 38-35.7-110, amend14
237233 (2) introductory portion and (2)(d); repeal (1); and add (2)(c)(V) as15
238234 follows:16
239235 38-35.7-110. Disclosure - estimated future property taxes for17
240236 residences within the boundaries of a metropolitan district - rules -18
241237 definition. (1) As used in this section, "newly constructed residence"19
242238 means a residential improvement as defined in section 39-1-102 (14.3)20
243239 that:21
244240 (a) Has not been previously sold to its intended occupant as a22
245241 place of residence; and23
246242 (b) Is located within the territorial boundaries of a metropolitan24
247243 district.25
248244 (2) On and after January 1, 2022, each AN owner of RESIDENTIAL26
249245 real property that
250246 IS LOCATED WITHIN THE BOUNDARIES OF A27
251247 1219
252248 -7- METROPOLITAN DISTRICT ORGANIZED ON OR AFTER JANUARY 1, 2000,1
253249 THAT sells real THE property, that includes a newly constructed residence,2
254250 concurrently with or prior to the execution of a contract to sell the3
255251 property, shall provide to the purchaser of the property:4
256252 (c) A statement in writing disclosing that:5
257253 (V) ACTIONS BY THE METROPOLITAN DISTRICT PURSUANT TO ITS6
258254 AUTHORITY TO ISSUE DEBT, IMPOSE MILL LEVIES, AND IMPOSE FEES, RATES,7
259255 TOLLS, PENALTIES, OR OTHER CHARGES MAY INCREASE COSTS TO8
260256 RESIDENTS LIVING IN THE METROPOLITAN DISTRICT .9
261257 (d) (I) An estimate of the DOLLAR AMOUNT OF property taxes10
262258 levied by the metropolitan district that are applicable to the property for11
263259 collection during the year in which the sale occurs, which estimate must12
264260 include any debt service mill levies that are specified in subsection13
265261 (2)(c)(II) of this section and any mill levies for general operating14
266262 expenses that are specified in subsection (2)(c)(III) of this section, shown15
267263 both as the total mill levy as well as the total dollar amount that could be16
268264 collected based upon the purchase price of the property, the residential17
269265 assessment rate, and mill levies that are in effect in the district at the time18
270266 of the sale; AND19
271267 (II) A seller has complied with subsection (2)(d)(I) of this section20
272268 if the seller provides to the purchaser the mill levy, the residential21
273269 assessment ratio, and a formula by which the purchaser may calculate the22
274270 estimated property taxes on the property for the current year.23
275271 24
276272 SECTION 5. Act subject to petition - effective date. This act25
277273 takes effect at 12:01 a.m. on the day following the expiration of the26
278274 ninety-day period after final adjournment of the general assembly; except27
279275 1219
280276 -8- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
281277 of the state constitution against this act or an item, section, or part of this2
282278 act within such period, then the act, item, section, or part will not take3
283279 effect unless approved by the people at the general election to be held in4
284280 November 2026 and, in such case, will take effect on the date of the5
285281 official declaration of the vote thereon by the governor.6
286282 1219
287283 -9-