Senate Committee on Local Government and Energy (03/24/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	03/24/2009	ATTENDANCE

Time:	02:05 PM to 02:42 PM	Cadman	X
		Hodge	X
Place:	SCR 353	Kester	E
		Lundberg	X
This Meeting was called to order by		Newell	X
	Senator Schwartz	Foster	*
		Schwartz	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-249		Referred to the Committee of the Whole

02:06 PM -- Senate Bill 09-249

Senator Carroll, M., sponsor, described the provision of Senate Bill 09-229 that requires certain small communities under the Colorado Common Interest Ownership Act to allow the display of American flags, service flags, and political signs and the parking of emergency vehicle by residents employed as first responders. It also requires these communities to allow the trimming of vegetation for fire mitigation purposes; modifications required for accessibility by a resident with disabilities; and the installation or use of energy efficiency measures. She explained that the bill addresses a problem experienced by a constituent of Senator Penry's concerning the diplay of political yard sign. She also distributed a letter of support for Senate Bill 09-249 from Ms. Bridgett Eggleston (Attachment A).

02:09 PM

Senator Penry, sponsor, described a problem experienced by his constituent who was sued by her homeowners association over the display of a political sign. He also distributed a report from NBC 11 News in Grand Junction on this issue (Attachment B).

02:17 PM

Senator Carroll responded to questions from the committee regarding the provisions of the Colorado Common Interest Ownership Act (Section 38-33.3-101, C.R.S., et seq.) and the authority of such communities to regulate displays of political signs and other issues.

The following persons testified on the bill:

02:21 PM -- Micki Hackenberger, National Association of Industrial and Office Properties (NAIOP), commented on the bill and spoke in support of Amendment L. 001 (Attachment C). She also responded to questions from the committee about the effect of the Amendment L. 001 and whether it would expand the single subject of the bill as reflected in its title. Amendment L. 001 pertains to cooperative or planned communities created after July 1, 1992 that are also mixed-use developments containing certain retail or commercial space.

02:30 PM -- Duane Gall, bill drafter for the Office of Legislative Legal Services, responded to questions from the committee about Amendment L. 001 and the title of the bill.

02:33 PM -- Jerry Orten, Community Associations Institute, spoke in support of the bill and described court decisions concerning the authority of common interest ownership communities to regulate the time, place, and manner of certain forms of expression.

02:37 PM

Senator Carroll closed her remarks on the bill.


BILL:	SB09-249
TIME:	02:37:51 PM
MOVED:	Newell
MOTION:	Moved to refer SB 09-249 to the Committee of the Whole, without amendment. The motion passed on a vote of 6 to 0.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Excused
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 6 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:41 PM

Committee discussion followed about whether the bill should be added to the consent calendar and the meeting adjourned. No motion was made to the refer the bill to the consent calendar.