House Committee on Local Government (01/21/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	01/21/2010	ATTENDANCE

Time:	09:36 AM to 11:01 AM	Acree	X
		Apuan	X
Place:	HCR 0111	Bradford	X
		Liston	E
This Meeting was called to order by		Massey	X
	Representative Peniston	McKinley	X
		Priola	X
This Report was prepared by		Schafer S.	X
	Raegan Robb	Vigil	X
		Soper	X
		Peniston	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1046 HB10-1069 HB10-1062		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

09:36 PM

Representative Peniston, chairman, called the meeting to order and made opening comments to the committee concerning the House Local Government Committee and the 2010 legislative session.

09:37 AM -- House Bill 10-1046

Representative Tyler, prime sponsor, presented House Bill 10-1046, concerning the recorded date of receipt of property tax payments by a county treasurer's office when the payment has no United States Postal Service (USPS) postmark. He explained that when a payment with no postmark is received by a county treasurer no later than five days after the due date, the treasurer must record the due date as the date of payment. If payment is received six or more days after the due date, the treasurer must record the date of actual receipt as the date of payment. Representative Tyler discussed the problems of county treasurers receiving property tax payments after the due date without a USPS postmark, and explained that the bill would eliminate the requirement that late payments sent via private post have a USPS postmark in addition to a private postage meter postmark.

09:44 AM

John LeFebvre, County Treasurer, Weld County, addressed questions from the committee concerning the process for county treasurers that receive late property tax payments and payments received beyond the due date with valid postmarks from USPS.

09:50 AM

Representative Tyler made closing comments on the bill and addressed questions from the committee concerning the safety clause on the bill. He explained that the clause was added for upcoming property tax deadlines in 2010.


BILL:	HB10-1046
TIME:	09:51:21 AM
MOVED:	Schafer S.
MOTION:	Moved to refer House Bill 10-1046 to the Committee of the Whole. The motion passed on a 10-0-1 roll call vote.
SECONDED:	Priola
		VOTE
	Acree	Yes
	Apuan	Yes
	Bradford	Yes
	Liston	Excused
	Massey	Yes
	McKinley	Yes
	Priola	Yes
	Schafer S.	Yes
	Vigil	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:53 AM -- House Bill 10-1069

Representative Vigil, prime sponsor, presented House Bill 10-1069, concerning the reclassification of Mineral County. Representative Vigil talked about the history of Mineral County and explained that this county was reclassified from a category V county to a category IV when the assessed value of the county had fallen. He explained that the classification change in House Bill 10-1069 was supported by the county officials and citizens within Mineral County. Representative Vigil addressed questions from the committee concerning support for the bill in Mineral County.

09:57 AM

Eryn Follman, Clerk and Recorder, Mineral County, testified in support of the bill and explained that Mineral County was reclassified from a category V county to a category IV when the assessed value of the county had fallen. Ms. Follman and Representative Vigil addressed questions from the committee concerning the category change, the assessed value of Mineral County, and the potential for the General Assembly to increase county salaries during the 2010 legislative session.

10:02 AM

Chuck Fairchild, County Commissioner, Mineral County, testified in support of the bill and explained the increasing assessed value of Mineral County.

10:03 AM

Representative Vigil entered closing comments on the bill.


BILL:	HB10-1069
TIME:	10:04:09 AM
MOVED:	Vigil
MOTION:	Moved to refer House Bill 10-1069 to the Committee of the Whole. The motion passed on a 7-3-1 roll call vote.
SECONDED:	Schafer S.
		VOTE
	Acree	No
	Apuan	Yes
	Bradford	Yes
	Liston	Excused
	Massey	Yes
	McKinley	No
	Priola	No
	Schafer S.	Yes
	Vigil	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:06 AM -- House Bill 10-1062

Representative Schafer, prime sponsor, presented House Bill 10-1062, concerning the ability to allow a county to purchase crime insurance coverage in lieu of surety bonds. Representative Schafer explained reasons that counties would benefit from purchasing crime insurance instead of surety bonds. He explained that county officials are individually responsible for meeting certain bond requirements to take office, under current law. The bill would allow counties to purchase crime insurance coverage in lieu of surety bonds to protect county officers, their deputies, and certain employees while in office.

10:12 AM

Andy Karsian, Colorado Counties, Inc., testified in support of the bill and explained that House Bill 10-1062 was a strong priority for Colorado counties. Mr. Karsian addressed questions from the committee concerning minimum insurance requirements for county officials and concerning whether insurance companies sell crime insurance policies to public officials. Committee discussion ensued concerning the difference between crime insurance and surety bonds and the drawbacks of surety bonds for county elected officials.

10:23 AM

John LeFebvre, County Treasurer, Weld County, testified in support of the bill and explained that allowing county officials to purchase crime insurance coverage in lieu of surety bonds would be more efficient and cost effective for counties.

10:28 AM

Leslie Taylor, Colorado Cross-Disability Coalition, testified against the bill and talked about the need for accountability for elected officials, and discussed why crime insurance may not provide a solution. Ms. Taylor discussed her concerns with criminal insurance, which she felt could be overlitigated and costly to county taxpayers.

10:33 AM

Representative Schafer explained that the bill would be permissive legislation to provide choices to county elected officials, but would not require crime insurance in lieu of surety bonds.

10:37 AM

Sheryle Hutter, Colorado Cross-Disability Coalition, testified against the bill and discussed the need for county elected officials to be bonded and insured.

10:39 AM

Representative Schafer and Mr. Karsian addressed questions from the committee concerning the costs of crime insurance policies compared to surety bonds. Mr. Karsian explained that a comparison was difficult due to different insurance policies for different counties, but that crime insurance is offered for county officials in other states. Committee discussion ensued concerning the differences between crime insurance and surety bonds and the maximum required in law.

10:49 AM

Representative Schafer discussed prepared amendments.


BILL:	HB10-1062
TIME:	10:51:33 AM
MOVED:	Schafer S.
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Peniston
		VOTE
	Acree
	Apuan
	Bradford
	Liston	Excused
	Massey
	McKinley
	Priola
	Schafer S.
	Vigil
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:53 AM

Carol Haller, Judicial Department, testified to explain prepared amendments L.002 (Attachment B) and L.003 (Attachment C).


BILL:	HB10-1062
TIME:	10:56:01 AM
MOVED:	Schafer S.
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Vigil
		VOTE
	Acree
	Apuan
	Bradford
	Liston	Excused
	Massey
	McKinley
	Priola
	Schafer S.
	Vigil
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1062
TIME:	10:57:42 AM
MOVED:	Schafer S.
MOTION:	Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Acree
	Apuan
	Bradford
	Liston	Excused
	Massey
	McKinley
	Priola
	Schafer S.
	Vigil
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:58 AM

Representative Schafer entered closing comments on the bill.


BILL:	HB10-1062
TIME:	10:59:21 AM
MOVED:	Schafer S.
MOTION:	Moved to refer House Bill 10-1062, as amended, to the Committee of the Whole. The motion passed on a 10-0-1 roll call vote.
SECONDED:	Priola
		VOTE
	Acree	Yes
	Apuan	Yes
	Bradford	Yes
	Liston	Excused
	Massey	Yes
	McKinley	Yes
	Priola	Yes
	Schafer S.	Yes
	Vigil	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:01 AM

The committee adjourned.