Amendments for HB23-1090
House Journal, February 8
1 HB23-1090 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 2, strike lines 2 through 12 and substitute:
6
7 "SECTION 1. In Colorado Revised Statutes, 32-1-202, amend
8 (2) introductory portion; and add (2)(m) as follows:
9 32-1-202. Filing of service plan required - report of filing -
10 contents - fee. (2) The service plan shall MUST contain the following:
11 (m) FOR A PROPOSED METROPOLITAN DISTRICT THAT HAS
12 PROPERTY WITHIN ITS BOUNDARIES THAT IS ZONED OR VALUED FOR
13 ASSESSMENT AS RESIDENTIAL, OR THAT IS ANTICIPATED TO BE ZONED OR
14 VALUED FOR ASSESSMENT AS RESIDENTIAL, A PROHIBITION ON THE
15 PURCHASE OF DEBT ISSUED BY THE DISTRICT BY AN ENTITY WITH RESPECT
16 TO WHICH A DIRECTOR OF THE DISTRICT HAS A CONFLICT OF INTEREST
17 REQUIRING DISCLOSURE UNDER SECTION 24-18-109.
18 SECTION 2. In Colorado Revised Statutes, 32-1-203, add (2)(e)
19 as follows:
20 32-1-203. Action on service plan - criteria. (2) The board of
21 county commissioners shall disapprove the service plan unless evidence
22 satisfactory to the board of each of the following is presented:
23 (e) FOR A PROPOSED METROPOLITAN DISTRICT THAT HAS PROPERTY
24 WITHIN ITS BOUNDARIES THAT IS ZONED OR VALUED FOR ASSESSMENT AS
25 RESIDENTIAL, OR THAT IS ANTICIPATED TO BE ZONED OR VALUED FOR
26 ASSESSMENT AS RESIDENTIAL, THE SERVICE PLAN PROHIBITS DEBT ISSUED
27 BY THE DISTRICT FROM BEING PURCHASED BY AN ENTITY WITH RESPECT TO
28 WHICH A DIRECTOR OF THE DISTRICT HAS A CONFLICT OF INTEREST
29 REQUIRING DISCLOSURE UNDER SECTION 24-18-109.
30 SECTION 3. In Colorado Revised Statutes, 32-1-205, add (3) as
31 follows:
32 32-1-205. Resolution of approval required. (3) NO COURT IN
33 THIS STATE SHALL CONSIDER A PETITION FOR THE ORGANIZATION OF A
34 METROPOLITAN DISTRICT THAT HAS PROPERTY WITHIN ITS BOUNDARIES
35 THAT IS ZONED OR VALUED FOR ASSESSMENT AS RESIDENTIAL, OR THAT IS
36 ANTICIPATED TO BE ZONED OR VALUED FOR ASSESSMENT AS RESIDENTIAL,
37 UNLESS THE SERVICE PLAN FOR THE DISTRICT PROHIBITS DEBT ISSUED BY
38 THE DISTRICT FROM BEING PURCHASED BY AN ENTITY WITH RESPECT TO
39 WHICH A DIRECTOR OF THE DISTRICT HAS A CONFLICT OF INTEREST
40 REQUIRING DISCLOSURE UNDER SECTION 24-18-109.".
41
42 Renumber succeeding sections accordingly.
House Journal, February 17
24 Amend printed bill, page 3, line 14, after the period add "HOWEVER, IF AN
25 ACTOR IS PROSECUTED FOR A CRIMINAL OFFENSE IN CONNECTION WITH A
26 BREACH OF FIDUCIARY DUTY AND THE PUBLIC TRUST, ALL ELEMENTS OF
27 THE CRIMINAL OFFENSE MUST BE PROVED BEYOND A REASONABLE
28 DOUBT.".
29
30 Amendment No. 3, by Representative Bottoms:
31
32 Amend printed bill, page 3, strike lines 15 through 17 and substitute:
33
34 "SECTION 1. Act subject to petition - effective date. This act
35 takes effect at 12:01 a.m. on the day following the expiration of the
36 ninety-day period after final adjournment of the general assembly; except
37 that, if a referendum petition is filed pursuant to section 1 (3) of article V
38 of the state constitution against this act or an item, section, or part of this
39 act within such period, then the act, item, section, or part will not take
40 effect unless approved by the people at the general election to be held in
41 November 2024 and, in such case, will take effect on the date of the
42 official declaration of the vote thereon by the governor.".
43
44 As amended, ordered engrossed and placed on the Calendar for Third
45 Reading and Final Passage.