Date: 02/16/2010

Final
BILL SUMMARY for HB10-1275

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Moved to refer House Bill 10-1275 to the CommitteePASS



01:59 PM -- House Bill 10-1275

Representative Baumgardner, prime sponsor, presented House Bill 10-1275, concerning a requirement that the location of a private burial be recorded with the county clerk and recorder. He explained that the bill requires a landowner to record information about a private burial with the county clerk and recorder, and sets recording requirements. These burial requirements include: the deceased person's name, location of burial, dates of birth and death, cause of death, the legal description of the property where the body is interred, and the reception number for the death certificate. The bill requires a burial permit to contain a notice of the recording requirements. Representative Baumgardner addressed questions from the committee concerning illegal burials in the state, and transferring land titles where burials have been recorded.


02:03 PM

Committee discussion ensued concerning the process for notifying county officials of legal burials on private property and disclosing burial sites when property is sold.


02:08 PM

Dr. Robert Bux, County Coroner, El Paso County, representing the Colorado Coroners Associations and the State Medical Examiners, testified in support of the bill and discussed the cost of exhuming unidentified bodies that were buried on private property without proper records. Dr. Bux explained that the "green burial" movement was becoming more popular and he discussed specific cases where unrecorded bodies were discovered in El Paso County. Mr. Bux responded to questions concerning using global positioning system coordinates to locate recorded burials and how new property owners could have bodies removed. Dr. Bux explained that recorded burials would be displayed on a property deed and addressed questions from the committee concerning additional recording requirements that could be used for private burials.


02:17 PM

Terry Maketa, County Sheriff, El Paso County, representing Colorado Sheriffs of Colorado, testified in support of the bill and talked about the procedures that law enforcement officers must follow when bodies are discovered. Sheriff Maketa discussed the importance of recording private burials with the longitude and latitude coordinates, addressed questions from the committee concerning burials within common interest communities, and whether any burial standards existed to ensure proper burial.


02:25 PM

Dr. Robert Bux, County Coroner, El Paso County, addressed the committee to respond to the green burial movement and discussed the standard procedure to ensure a proper burial. Committee discussion ensued concerning the process for burials to be recorded properly with county officials.


02:31 PM

Joe Pelle, County Sheriff, Boulder County, representing Colorado Sheriffs of Colorado, testified in support of the bill and explained the costs of exhuming unidentified bodies on county budgets. Sheriff Pelle explained that the bill would not prevent local land use regulations to control burials, but it would help improve county records when bodies were discovered. Committee discussion ensued concerning proper burial methods, the green burial movement, and the requirements in the bill to record the location of private burials.


02:40 PM

Representative Baumgardner entered closing comments on the bill.
BILL:HB10-1275
TIME: 02:42:15 PM
MOVED:Acree
MOTION:Moved to refer House Bill 10-1275 to the Committee of the Whole. The motion passed on a 10-0-1 roll call vote.
SECONDED:Liston
VOTE
Acree
Yes
Apuan
Yes
Bradford
Yes
Liston
Yes
Massey
Yes
McKinley
Yes
Priola
Excused
Schafer S.
Yes
Vigil
Yes
Soper
Yes
Peniston
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



02:43 PM

The committee adjourned.