House Committee on Local Government (02/16/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	02/16/2010	ATTENDANCE

Time:	01:33 PM to 02:43 PM	Acree	E
		Apuan	X
Place:	HCR 0111	Bradford	X
		Liston	X
This Meeting was called to order by		Massey	X
	Representative Peniston	McKinley	X
		Priola	E
This Report was prepared by		Schafer S.	X
	Raegan Robb	Vigil	X
		Soper	E
		Peniston	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1240 HB10-1275		Amended, Referred to Appropriations Referred to the Committee of the Whole

01:33 PM

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

01:33 PM -- House Bill 10-1240

Representative Ferrandino, prime sponsor, presented House Bill 10-1240, concerning the foreclosure deferment process for residential properties. He explained that the bill clarifies House Bill 09-1276, which was passed by the general assembly last year to establish a 90-day foreclosure deferment period for eligible borrowers. Representative Ferrandino responded to questions concerning the fiscal impact of House Bill 10-1240.

01:40 PM

Mike Rosser, representing the Colorado Mortgage Lenders Association, the Colorado Foreclosure Prevention Task Force, and the Division of Housing testified in support of the bill and discussed the need to amend state law implemented by House Bill 09-1276. Mr. Rosser discussed the fiscal impact of House Bill 10-1240, and discussed the success of the foreclosure hotline implemented by the Division of Housing. Mr. Rosser addressed questions concerning the foreclosure process, discussed the notification process implemented by House Bill 09-1276, and distributed a handout to the committee concerning the U.S. mortgage market (Attachment A).

01:47 PM

Tom Mowle, Public Trustee, El Paso County, representing the Colorado Public Trustees' Association, testified in support of the bill and explained the need to allow foreclosure rules to be promulgated by the Division of Housing, promote notices for deferment eligibility, and allow a deferment to be retracted if homeowners do not qualify.

01:51 PM

Larry Castle, Castle Meinhold and Stawiarski LLC, testified in support of the bill as amended by L.002 (Attachment B). Mr. Castle addressed questions concerning the procedure for deferments and evictions.

01:55 PM

Representative Ferrandino made closing comments on the bill and discussed prepared amendment L.002 (Attachment B).


BILL:	HB10-1240
TIME:	01:55:43 PM
MOVED:	Massey
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Schafer S.
		VOTE
	Acree
	Apuan
	Bradford
	Liston
	Massey
	McKinley
	Priola
	Schafer S.
	Vigil
	Soper
	Peniston

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1240
TIME:	01:57:10 PM
MOVED:	Apuan
MOTION:	Moved to refer House Bill 10-1240, as amended, to the Committee on Appropriations. The motion passed on a 11-0 roll call vote.
SECONDED:	Massey
		VOTE
	Acree	Yes
	Apuan	Yes
	Bradford	Yes
	Liston	Yes
	Massey	Yes
	McKinley	Yes
	Priola	Yes
	Schafer S.	Yes
	Vigil	Yes
	Soper	Yes
	Peniston	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

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.