House Committee on Local Government (03/08/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	03/08/2005	ATTENDANCE

Time:	01:36 PM to 06:26 PM	Berens	*
		Cerbo	X
Place:	HCR 0112	Curry	X
		Decker	X
This Meeting was called to order by		May M.	X
	Representative Hodge	Merrifield	X
		Soper	X
This Report was prepared by		Sullivan	X
	David Beaujon	Welker	X
		Lindstrom	X
		Hodge	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-008 SB05-154 SB05-043 HB05-1304 SB05-069 HB05-1256 SB05-056		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Witness Testimony Only Laid Over Witness Testimony Only Referred to the Committee of the Whole

01:36 PM -- Senate Bill 05-008

Representative Plant, sponsor, described the provisions of SB05-008 concerning retirees in the Fire and Police Pension Plans

The following persons testified on the bill:

01:38 PM -- Steve Stolz, Colorado State Fire Chiefs Association, spoke in support of the bill.

01:38 PM -- Kevin Bommer, Colorado Municipal League, spoke in support of the bill.

01:39 PM

Testimony was closed.


BILL:	SB05-008
TIME:	01:39:38 PM
MOVED:	Soper
MOTION:	Moved to refer SB05-008 to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 10-0.
SECONDED:	Lindstrom
		VOTE
	Berens	Excused
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Yes
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:41 PM -- Senate Bill 05-154

Representative Sullivan, sponsor, described the provision of SB05-154 concerning the payment of taxes to the county treasurer. There was no testimony.


BILL:	SB05-154
TIME:	01:47:15 PM
MOVED:	Sullivan
MOTION:	Moved to refer SB05-154 to the Committee of the Whole,without amendment. The motion passed on a roll call vote of 10-0.
SECONDED:	Decker
		VOTE
	Berens	Excused
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Yes
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:49 PM -- Senate Bill 05-043

Representative Stengel, sponsor, described the provision of SB05-043 concerning Fire and Police Pension exemptions for Social Security. He also described the provision of Amendment L. 002 (Attachment A).

The following person testified on the bill:

01:51 PM -- Kevin Lindahl, Fire and Police Pension Association, spoke in support of the bill.

01:52 PM

Testimony was closed.


BILL:	SB05-043
TIME:	01:52:37 PM
MOVED:	Curry
MOTION:	Moved Amendment L. 002. The motion passed without objection.
SECONDED:	Soper
		VOTE
	Berens	Excused
	Cerbo
	Curry
	Decker
	May M.
	Merrifield
	Soper
	Sullivan
	Welker
	Lindstrom
	Hodge
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB05-043
TIME:	01:53:52 PM
MOVED:	Curry
MOTION:	Moved to refer SB05-043, to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:	Lindstrom
		VOTE
	Berens	Yes
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Yes
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:55 PM -- House Bill 05-1304

Representative Hodge, sponsor, described the provisions of HB05-1304 that prohibits local governments from restricting consumer choices in housing construction alternatives.

The following persons testified on the bill:

01:58 PM -- Meghan Pfanstiel, Colorado Manufactured Homes Association, spoke in support of the bill and explained that similar bills have been adopted in 21 other states. She also described the International Residential Building Code (IRBC) that local governments typically adopt to regulate home construction.

02:11 PM -- Don Etnier, Residential Building System, spoke in support of the bill and described the effect of manufactured housing restrictions on the cost of residential housing.

02:24 PM -- Doug Tollin, Summit Crest Homes, spoke in support of the bill and described the time and cost savings of manufactured home. He also compared the materials used in manufactured homes with traditional "stick built" homes.

02:42 PM -- Robert Taylor, Modular Housing, spoke in support of the bill. He compared the regulation of manufactured homes by the Town of New Castle, that allows such homes, with the Town of Silt, that denied Mr. Taylor a permit to build the same type of manufactured homes.

02:43 PM -- Martin Morgan, representing himself, spoke in support of the bill explained that the Town of Silt denied him a permit to build manufactured homes.

02:48 PM -- Bob Smith, Bob's Quality Homes, Colorado Manufactured Housing Association, spoke in support of the bill and described restrictions placed on manufactured homes in the Cities of Montrose and Delta.

02:55 PM -- Sam Mamet, Colorado Municipal League, spoke in opposition to the bill. He expressed concern that the bill limits local control and described court decisions pertaining to the authority of local governments to regulate manufactured housing (Attachment B).

Representative Mark Larson submitted information from the City of Cortez pertaining to regulation of manufactured homes (Attachment C).

03:20 PM -- Mr. Smith returned to answer a question from the committee regarding manufactured homes' cost if a local government imposes the same building standards on manufactured home and "stick built" homes. He also described the use of local labor to install manufactured homes including excavators and masons.

03:36 PM

Testimony was closed and the bill was laid over until March 22.

03:37 PM -- Senate Bill 05-069

Representative Brophy, sponsor, described the provisions of SB05-069 concerning the publication of county employees' names and their salary information.

The following persons testified on the bill:

03:50 PM -- Ed Otte, Colorado Press Association, spoke in opposition to the bill and described the benefits of the current law regarding the publication of county salaries.

03:54 PM -- Bill Clayton, Colorado Counties, Inc., spoke in support of the bill.

03:55 PM

Testimony ended and Representative Brophy closed his remarks.


BILL:	SB05-069
TIME:	03:56:10 PM
MOVED:	May M.
MOTION:	Moved to refer SB05-069 to the Committee of the Whole, without amendment. The motion failed on a roll call vote of 5-6.
SECONDED:	Sullivan
		VOTE
	Berens	No
	Cerbo	No
	Curry	Yes
	Decker	No
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Yes
	Welker	No
	Lindstrom	No
	Hodge	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB05-069
TIME:	03:59:49 PM
MOVED:	Lindstrom
MOTION:	Moved to postpone indefinitely SB05-069. The motion failed on a roll call vote of 5-6.
SECONDED:	Cerbo
		VOTE
	Berens	No
	Cerbo	Yes
	Curry	No
	Decker	Yes
	May M.	No
	Merrifield	No
	Soper	No
	Sullivan	No
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

04:00 PM

The bill was laid over.

04:02 PM -- House Bill 05-1256

Representative Paccione, sponsor, described the provisions of HB05-1256 concerning waste reduction and recycling and explained that the bill creates a program similar to Utah's recycling program that was created in Section 9-2-1602, Utah Code (Attachment D and E).

The following persons testified on the bill:

04:08 PM -- Eric Lombardi, Eco-Cyle, Inc., spoke in support of the bill. He also described the growth of recycling programs and the recycling economy in Colorado and compared recycling rates for Colorado and other states and nations.

04:12 PM -- Anita Comer, Waste-Not Recycling, spoke in support of the bill.

04:15 PM -- Mick Barry, Mid America Recycling, spoke in support of the bill and compared Colorado's recycling program with the State of Iowa's program (Attachment F). He also described the challenge of expanding his recycling business in Colorado and identified sources of waste materials for recycling.

04:28 PM -- Ric Pocius, Summit County, spoke in support of the bill and described the bill's effect on the waste disposal programs of rural counties.

04:31 PM -- Bruce Philbrick, City of Loveland, spoke in support of the bill and described the city's recycling program that help reduced the city's waste stream by 58 percent.

04:45 PM -- Gerri Walsh, Ball Corporation, spoke in support of the bill and described her company's manufacturing programs that use recycled aluminum, plastic, and other resources.

04:51 PM -- Suzie Gordon, City of Fort Collins, spoke in support of the bill and described the city's recycling program.

04:57 PM -- Pat Ratliff, Colorado Counties, Inc., spoke in opposition to the bill. Committee discussion followed about the effect of the bill on counties and households.

05:16 PM -- Charles Bayley, Recycle America Alliance, Waste Management, spoke in opposition to the bill and described his company's sale of recycled materials.

05:19 PM -- Bruce Jenson, Recycle America Alliance, Waste Management, described his company's sales and marketing program for recycled materials. He also described the factors affecting the supply and demand for recycled materials.

05:36 PM -- Mike Magee, BFI, spoke in opposition to the bill and described factors affecting the recycling industry.

05:51 PM -- Jim Cole, BFI, spoke in opposition to the bill. He also responded to questions from the committee regarding the process for collecting the bill's recycling fee and spending its revenue.

06:01 PM -- Dick Brown, Colorado Recycles, described factors affecting the demand for recycled materials and recycling rates.

06:05 PM -- Marjorie Greek, Colorado Association for Recycling, spoke in support of the bill and replied to prior testimony. She also described factors affecting the demand for recycled materials.

06:13 PM

Testimony was closed and Representative Merrifield distributed Amendment L. 003, Amendment L. 004, and Amendment L. 007 (Attachments G through I ).

06:13 PM

Representative Paccione summarized the provisions of Amendment L. 005, Amendment L. 006, and Amendment L. 008 (Attachments J through L). She also described the effect of the Amendment 002 on the bill's fiscal note (Attachment M).

06:20 PM

The bill was laid over until Tuesday, March 15, for action only.

06:21 PM -- Senate Bill 05-056

Representative Jahn, sponsor, described the provisions of the bill concerning the property tax appeal process.

The following person testified on the bill:

06:23 PM -- Roxy Huber, Colorado County Treasurer's Association, spoke in support of the bill.

06:26 PM

Testimony was closed.


BILL:	SB05-056
TIME:	06:26:16 PM
MOVED:	Merrifield
MOTION:	Moved to refer SB05-056 to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 9-0.
SECONDED:	Berens
		VOTE
	Berens	Yes
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Excused
	Welker	Excused
	Lindstrom	Yes
	Hodge	Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

06:37 PM

The meeting adjourned.