Date: 03/10/2009

Final
BILL SUMMARY for SB09-101

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Moved amendment L.003 (Attachment A). The motion
Moved to refer Senate Bill 09-101, as amended, to
Pass Without Objection
PASS


01:34 PM


The committee chair, Representative Peniston, called the meeting to order.


01:35 PM -- Senate Bill 09-101

Representative Levy, prime sponsor, presented Senate Bill 09-101, concerning the creation of an independent historic preservation commission by any city that is not a certified local government (CLG), but receives money from the state historical fund for historic preservation purposes. She stated that the bill creates a seven-member independent historic preservation commission for any city that is not a CLG, but receives moneys from the State Historical Fund for historic preservation purposes. She talked about the definition of a CLG and the gaming cities that receive historical restoration money from the State Historical Fund, which is generated from limited gaming in the state. She also discussed prepared amendment L.003 (Attachment A) and explained that the amendment takes the bill back to the introduced version.

090310AttachA.pdf

01:39 PM

Representative Levy addressed questions from the committee concerning the reason the city of Black Hawk lost its CLG status and is no longer eligible to receive additional historic preservation funds.

01:43 PM

Corey Hoffman, Legal Counsel, City of Black Hawk, addressed the committee and discussed House Bill 04-1381, which addressed standards for gaming grants from the State Historical Fund. Mr. Hoffman explained that the bill addressed the historic grant program for residential property and lifted the limitation on grants to allow income tax liability payment for residential grant program to be paid by gaming cities. Mr. Hoffman defended the use of residential grant program funds used by the City of Black Hawk and distributed a handout to the committee (Attachment B). Mr. Hoffman discussed the issue of becoming eligible for CLG status and discussed the need to preserve historical structures in the City of Black Hawk. Mr. Hoffman addressed questions from the committee and talked about how the relationship between the City of Black Hawk and an independent historic preservation commission, established by the bill, for the use of state historical funds. He addressed questions about accusations regarding the misuse of state historical funds, the city's loss of CLG status, and an investigation by the state into the use of funds. Mr. Hoffman explained that the city never spent funds on improvements that were in question and discussed his views on whether the bill would be unconstitutional.

090310AttachB.pdf

01:58 PM

Dan Corson, Colorado Historical Society, addressed the committee for questions. Mr. Corson provided a history of the National Preservation Program and the definition of a CLG. He talked about the need to have gaming communities achieve CLG status, discussed the requirements on CLGs, and how the City of Black Hawk was not meeting the requirements to maintain its CLG status. He discussed the process of how a city's CLG status becomes decertified and recertified.

02:03 PM

Mr. Hoffman addressed the committee and discussed provisions in Article XVIII, Section 9 of the Colorado Constitution concerning the distribution of 20 percent of gaming funds to the governing bodies of gaming cities, and distributed copies of the constitutional provisions to the committee (Attachment C). He explained that the constitutional provisions allow the residential grant program to restore infrastructure that pre-dates limited gaming, including residential improvements. He also talked about Article V, Section 35 of the Colorado Constitution concerning the state's interference in municipal functions.

090310AttachC.pdf

02:13 PM

Mr. Hoffman addressed questions concerning the residential grant program and requirements place on homeowners prior to receiving funds for improvements. Committee discussion ensued concerning the use of Black Hawk's preservation and restoration funds and the five-year restriction on homeowners reselling homes that have received funds. Mr. Hoffman addressed questions concerning other gaming cities that have maintained their CLG status and explained that Black Hawk intends to achieve CLG status in 2009.

02:23 PM

Representative Levy explained prepared amendment L.003 (Attachment A), which addressed the appointing authority of the historic preservation commission and would return the bill to its introduced version prior to changes made by the Senate. Representative Levy entered closing comments on the bill.

BILL:SB09-101
TIME: 02:26:26 PM
MOVED:Schafer S.
MOTION:Moved amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:Acree
VOTE
Acree
Bradford
Liston
McKinley
Middleton
Schafer S.
Tipton
Vigil
Waller
Soper
Peniston
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-101
TIME: 02:29:19 PM
MOVED:Schafer S.
MOTION:Moved to refer Senate Bill 09-101, as amended, to the Committee of the Whole. The motion passed on a 8-1-2 vote.
SECONDED:Acree
VOTE
Acree
Yes
Bradford
No
Liston
Excused
McKinley
Yes
Middleton
Yes
Schafer S.
Yes
Tipton
Yes
Vigil
Excused
Waller
Yes
Soper
Yes
Peniston
Yes
Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS