Bill Summary for Bill Number HB12-1239

Date: 02/27/2012

Final
BILL SUMMARY for HB12-1239

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View-->	Action Taken:
Moved amendment L.001 (Attachment D). The motion p Moved to refer House Bill 12-1239, as amended, to	PASS

01:45 PM -- House Bill 12-1239

Representative Vaad, prime sponsor, presented House Bill 12-1239, concerning the amount of approval required for certain special district actions. He explained that the bill allows anyone who owns property within an existing or proposed service area of a special district to vote in special district elections. The bill also requires approval from a board of county commissioners before a special district can expand its service area into the county and also increases the percentage of electors required to organize a metropolitan district. Representative Vaad discussed the need to amend the bill and distributed a strike-below amendment, L.001, (Attachment D).


BILL:	HB12-1239
TIME:	01:49:11 PM
MOVED:	Szabo
MOTION:	Moved amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Balmer
	Conti
	Fields
	Gardner B.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Szabo
	Bradford

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

01:49 PM

Michael Welch, representing himself, testified in support of the bill and discussed his problems with a metropolitan district that was formed in Adams County, but later expanded its service plan into Weld County.

01:53 PM

Barbara Kirkmeyer, representing herself, testified in support of the bill, as amended, and discussed the strike-below amendment. Ms. Kirkmeyer discussed problems with a special district that was originally formed in Adams County, but planned to expand into Weld County. She talked about the need for the bill in order for a special district to notify a board of county commissioners, as well as property owners, when a district plans to expand its service areas into another county. Ms. Kirkmeyer addressed questions from the committee concerning the special district that is expanding into Weld County and discussion ensued concerning service plans and the formation process of special districts.

02:08 PM

Evan Goulding, representing the Special District Association, testified in support of the bill as amended, explained amendment L.001 to the committee, and discussed the formation process of special districts. Mr. Goulding responded to questions from the committee concerning the service areas of special districts and explained that voting rights are not currently granted to property owners outside of the district boundary. He explained that the bill, as amended, would allow a board of county commissioners to hold a hearing on the expansion of a special district's service plan, allow landowners to be excluded from the special district, and would require a written agreement between the district and the property owners for the expansion of domestic water and sewer services.

02:18 PM

Jeff Hare, representing himself, testified in support of the bill, discussed the need for the bill in order to notify property owners who may be included into the service area of a special district. Mr. Hare responded to questions from the committee concerning the process under the bill for homeowners to opt out of a special district's service area and distributed his comments to the committee (Attachment E).

02:23 PM

Wayne Muhler, representing himself, testified in support of the bill and explained the need to notify homeowners who may be included in the service area of a special district and his objection to being included into a metropolitan district in Adams County.

02:33 PM

Cindy DeYoung, representing herself, testified in support of the bill and talked about her property taxes increasing after being included in the service area of a special district.

02:39 PM

Deborah Weinstein, representing herself, testified in support of the bill, talked about her property taxes going up after being included in the service area of a special district, and distributed her comments to the committee (Attachment F). Ms. Weinstein responded to questions from the committee and explained that, under current law, she would not be allowed to serve on the board of her special district.

02:47 PM

Hazel Frank, representing herself, testified in support of the bill, talked about the need to protect the rights of property owners, and discussed the need for special districts to notify property owners before being included in the service area of a special district.

02:50 PM

Mike Lloyd, representing himself, testified in support of the bill and discussed the need to notify property owners being impacted by a special district.

02:52 PM

Bill Wycoff, representing himself, testified in support of the bill and discussed the need to notify property owners and boards of county commissioners before the service area of a special district is expanded in to another county.

02:54 PM

Paul Edwards, representing himself, testified in support of the bill and talked about having his property rights threatened by a special district that may include his property in the district's service plan.

02:56 PM

David Dechant, representing himself, testified in support of the bill, discussed problems of his ditch company being included into several types of special districts, and explained the need to provide property owners a voice when dealing with special districts.

03:01 PM

Amos Ochs, representing himself, testified in support of the bill and talked about the need to notify property owners who are going to be included in a special district's service area.

03:05 PM

Representative Vaad made closing comments on the bill.


BILL:	HB12-1239
TIME:	03:08:51 PM
MOVED:	Pace
MOTION:	Moved to refer House Bill 12-1239, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Conti
		VOTE
	Balmer	Yes
	Conti	Yes
	Fields	Excused
	Gardner B.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Bradford	Yes

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

03:09 PM

The committee adjourned.