Date: 03/16/2010

Final
BILL SUMMARY for SB10-097

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Moved to postpone Senate Bill 10-097 indefinitely.
Moved to refer Senate Bill 10-097 to the Committee		PASS
FAIL



01:30 PM

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


01:30 PM -- Senate Bill 10-097

Representative Gagliardi, prime sponsor, presented Senate Bill 10-097, concerning the method by which a county home rule charter commission is created for the purpose of proposing a home rule charter. Representative Gagliardi explained that the reengrossed bill modifies the method of appointing members to a home rule charter commission and removes the authority of a county to establish a mill levy to pay for the expenses of the commission. Currently, counties must hold a special election to decide if a home rule charter commission will be established and to elect its members. Representative Gagliardi explained that, in place of a special election, the bill would require that county commissioners appoint charter commission members following a public hearing where the board determines whether a commission should be formed. The bill also sets requirements for the appointments by the board and for the development of a proposed charter by the commission. Representative Gagliardi addressed questions from the committee and explained that all qualified electors of the county are eligible to serve on the commission and are nominated by filing an application with the board of county commissioners.


01:34 PM

Ben Frei, representing the Colorado Stone, Sand, and Gravel Association (CSSGA), testified against the bill and talked about the negative impacts of home rule authority for counties. Mr. Frei explained that home rule authority could allow home rule counties to broaden tax authority and incur initial debt beyond the requirements in Section 20 of Article X of the state constitution (TABOR). Mr. Frei addressed questions from the committee concerning the increased authority of home rule counties and talked about additional bonding requirements for mining activities in Weld County, which is a home rule county.


01:43 PM

Kevin McCasky, County Commissioner, representing the Jefferson County Board of County Commissioners, testified in support of the bill, discussed the current process of appointing members to a charter commission, and explained how the bill would change the process. Commissioner McCasky discussed the benefits of becoming a home rule county and addressed questions concerning current problems with counties appointing a home rule charter commission. Committee discussion ensued concerning the current process for a county home rule charter commission compared to changes made by the bill.


02:03 PM

Andy Karsian, representing Colorado Counties Inc., testified in support of the bill and explained that the bill primarily eliminates the first special election for voters to decide whether a home rule charter commission should be formed. Mr. Karsian talked about the benefits and flexibility of home rule counties and discussed the need for changes to the process of appointing members to a charter commission. He addressed questions from the committee and explained that home rule counties do not have the authority to place additional requirements on mining operations or interfere with neighboring municipalities. Committee discussion ensued concerning the history of home rule county charters in the state.


02:14 PM

Committee members made closing comments on the bill.
BILL:SB10-097
TIME: 02:15:40 PM
MOVED:Schafer S.
MOTION:Moved to refer Senate Bill 10-097 to the Committee of the Whole. The motion failed on a 5-6 roll call vote.
SECONDED:Apuan
VOTE
Acree
No
Apuan
Yes
Bradford
No
Liston
No
Massey
Yes
McKinley
No
Priola
No
Schafer S.
Yes
Vigil
No
Soper
Yes
Peniston
Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB10-097
TIME: 02:16:33 PM
MOVED:Priola
MOTION:Moved to postpone Senate Bill 10-097 indefinitely. The motion passed on a 7-4 roll call vote.
SECONDED:Liston
VOTE
Acree
Yes
Apuan
No
Bradford
Yes
Liston
Yes
Massey
Yes
McKinley
Yes
Priola
Yes
Schafer S.
No
Vigil
Yes
Soper
No
Peniston
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS