House Committee on Local Government (03/22/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	03/22/2005	ATTENDANCE

Time:	01:35 PM to 07:47 PM	Berens	X
		Cerbo	X
Place:	LSB A	Curry	*
		Decker	X
This Meeting was called to order by		May M.	X
	Representative Hodge	Merrifield	*
		Soper	X
This Report was prepared by		Sullivan	E
	David Beaujon	Welker	X
		Lindstrom	X
		Hodge	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-106 SB05-012 SB05-078 SB05-100 HB05-1304		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 Witness Testimony Only

01:35 PM -- Senate Bill 05-106

Representative Plant, sponsor, described the provision of SB05-106 concerning the classification of Gilpin County for the setting of its officer's salaries.

The following persons testified on the bill:

01:36 PM -- Jeanne Nickelson, Gilpin County, spoke in support of the bill (Attachment A).

01:40 PM -- Alynn Huffman, Gilpin County Treasurer, spoke in support of the bill.

01:41 PM -- Jessica Loringier, Gilpin County Clerk and Recorder, spoke in support of the bill

01:42 PM

Testimony closed.


BILL:	SB05-106
TIME:	01:42:22 PM
MOVED:	Berens
MOTION:	Moved to refer SB05-106 to the Committee of the Whole, without amendment. The motion passed on a vote of 9-0.
SECONDED:	Lindstrom
		VOTE
	Berens	Yes
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Absent
	Soper	Yes
	Sullivan	Excused
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 1 FINAL ACTION: PASS

01:43 PM -- Senate Bill 05-012

Representative Harvey, sponsor, described the provisions of SB05-012 concerning the compensation of special district board members.

The following persons testified on the bill:

01:45 PM -- Glen Neidert, Southgate Water and Sanitation District, spoke in support of the bill.

01:50 PM -- Evan Goulding, Special District Association, spoke in support of the bill.

01:54 PM -- J.M. Faye, representing herself, spoke in opposition to the bill and described the lack of facilities in Colorado county offices that are handicapped accessible. Ms. Faye's remarks were read by Representative Harvey.

01:58 PM

Testimony was closed.


BILL:	SB05-012
TIME:	01:58:45 PM
MOVED:	Decker
MOTION:	Moved to amend the reengrossed bill, page 2, strike lines 18 through 27, Page 3, strike lines 1 - 6 concerning cost of living adjustments. The motion failed on a vote of 3-7.
SECONDED:	Curry
		VOTE
	Berens	Yes
	Cerbo	No
	Curry	Yes
	Decker	Yes
	May M.	No
	Merrifield	No
	Soper	No
	Sullivan	Excused
	Welker	No
	Lindstrom	No
	Hodge	No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	SB05-012
TIME:	02:03:24 PM
MOVED:	May M.
MOTION:	Moved to refer SB05-012, to the Committee of the Whole, without amendment. The motion passed on a vote of 9-1.
SECONDED:	Welker
		VOTE
	Berens	Yes
	Cerbo	Yes
	Curry	Yes
	Decker	No
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Excused
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:04 PM -- Senate Bill 05-078

Representative Rose, sponsor, described the provisions of SB05-078 concerning emergency telephone charges associated with providing emergency services and distributed Amendment L 003 (Attachment B).

The following persons testified on the bill:

02:11 PM -- Kevin Bommer, Colorado Municipal League, spoke in support of the bill and identified potential uses of the surcharge to pay for emergency services.

02:16 PM -- JM Fay, representing herself, spoke in opposition to the bill and requested that emergency phone services be compatible with telecommunications device for the deaf (TDD).

02:18 PM

Testimony was closed.


BILL:	SB05-078
TIME:	02:19:04 PM
MOVED:	Berens
MOTION:	Moved Amendment L. 003. The motion was adopted without objection.
SECONDED:	Decker
		VOTE
	Berens
	Cerbo
	Curry
	Decker
	May M.
	Merrifield
	Soper
	Sullivan	Excused
	Welker
	Lindstrom
	Hodge
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB05-078
TIME:	02:20:17 PM
MOVED:	Berens
MOTION:	Moved to refer to SB05-078, to the Committee of the Whole, as amended. The motion passed on a vote of 10-0.
SECONDED:	Lindstrom
		VOTE
	Berens	Yes
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Excused
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:22 PM -- Senate Bill 05-100

Representative Carroll, sponsor, described the provision of SB05-100 concerning homeowners property rights. She also distributed Amendments L. 032 (Attachment C), 034 (Attachment D), 035 (Attachment E), 036 (Attachment F), 042(Attachment G) , 044 (Attachment H), 045 (Attachment I), 046 (Attachment J), 047 (Attachment K), 048 (Attachment L), 049 (Attachment M), 050 (Attachment N), 051 (Attachment O), 052 (Attachment P), 053 (Attachment Q), 055 (Attachment R), 056 (Attachment S), and 057 (Attachment T).

Representative May also distributed Amendment L. 038 (Attachment U), Representative Berens distributed Amendment L 039 (Attachment V).

The following persons testified on the bill:

02:40 PM -- Ray Colavita, Villas At Cherry Creek, spoke in opposition to the bill and proposed an amendment to allow a homeowners association (HOA) to exempt itself from the bill (Attachment W).

02:43 PM -- Mary Armstrong, Windsor Gardens, spoke in opposition to the bill and proposed an amendment to exempt her association from the bill.

02:54 PM

Representative Carrol explained that Mr. Armstrong's testimony pertained to the introduced bill and does not recognize amendments that may address her concerns.

02:56 PM -- Mary Schierferecke, Raintree East Homeowners Association, spoke in opposition to the bill and proposed an amendment to the bill.

03:00 PM -- Carrol Richmond, Colorado Association of Realtors, spoke in opposition to the bill and described the state law pertaining to purchase contrasts.

03:14 PM

Representative Carrol described amendments that address Ms. Richmond's concerning including Amendments L. 050, 051, and 052.

03:17 PM -- Brian Terhark, Westwind Management, spoke in opposition to the bill including Sections 7 of the reengrossed bill pertaining to management agents.

03:22 PM -- Maureen Shul, Castle Pines North (CPN) Master Association, commented on the bill and expressed concern about Section 3 of the reengrossed bill pertaining to merged common interest communities.

03:30 PM -- Lynn Chris Pacetti, Community Association Institute (CAI), spoke in support of certain amendments and spoke in opposition to Amendments L. 53, and 56, and expressed concern about Amendment L. 039.

03:34 PM -- Lynn Jordon, CAI, commented on the bill and described provisions Section 38-33.3-101, C.R.S., et seq., "the Common Interest Ownership Act" (CIOA). She also spoke in opposition to certain amendments including Amendment L 053.

03:39 PM -- Christine Heron, CAI, commented on the bill.

03:47 PM -- Michael Marotta, representing himself, spoke in support of the bill and described problems with his HOA including unauthorized closed meetings, withholding financial records, and imposing unreasonable limits on homeowner participation during meetings (Attachment X).

03:55 PM -- Jan Jackson, representing herself, spoke in support of the bill and described problems with her HOA (Attachment Y).

04:02 PM -- Ronald Klein, representing himself, spoke in support of the bill and described problems with his HOA (Attachment Z and AA).

04:18 PM -- Jeremy Bergren, representing himself, spoke in support of the bill and described problems with his HOA.

04:22 PM -- Jim Burneson, representing himself, described problems with his homeowners association (Attachment BB).

04:27 PM -- Emmett Johnson, representing himself, spoke in support of the bill (Attachment CC).

04:31 PM -- Jeanne Thomas, representing herself, spoke in support of the bill and identified documents should be provided to prospective buyers of property in HOAs.

04:36 PM -- Karl Riters, representing himself, spoke in support of the bill.

04:41 PM -- Angela Powell Moore, representing herself, spoke in support of the bill (Attachment DD).

04:44 PM -- Doug Snyder, representing himself, spoke in support of the bill.

04:52 PM -- Don Fymbo, representing himself, spoke in support of the bill (Attachment EE).

04:54 PM -- George Taylor, representing himself, spoke in support of the bill.

04:58 PM -- Melissa Cooner, representing herself, spoke in support of the bill and described problems with her HOA.

05:00 PM -- Jim Eddins, representing himself, spoke in support of the bill.

05:02 PM -- Donna Jack, representing herself, spoke in support of the bill and commented on Amendment L. 047 (Attachment FF).

05:05 PM -- Tom Hindman, Orten & Hindman, submitted a letter of support for Amendments L. 057 and L. 056 (Attachment GG).

05:11 PM -- Alva Ohl, representing himself, commented on the bill.

05:12 PM -- JM Fay, representing himself, commented on the bill. Representative Carrol read Ms. Fay's remarks on her behalf (Attachment HH).

05:17 PM -- Wes Toomey, representing himself, proposed amendments to the bill.

05:18 PM -- Carry Osterhause, representing himself, spoke in support of homeowner education about HOA.

05:19 PM -- Bernie Lumbert, representing himself, commented on the bill (Attachment II).

05:21 PM -- Mattie Zie, representing herself, spoke in support of the bill and described problems with her HOA.

05:23 PM

Testimony was closed and the bill was laid over without amendment. It is scheduled for action only on March 24, at 7:30 am in HCR 0112. The committee recessed.

05:37 PM -- House Bill 05-1304

The committee returned from recess. Representative Hodge, sponsor, described the provisions HB05-1304 to prohibit discrimination against certain consumer housing choices. Testimony on the bill was also heard on March 8.

The following persons testified on the bill:

05:40 PM -- Sam Mamet, Colorado Municipal League, identified municipal representatives attending the meeting and proposed the order of testimony.

05:41 PM -- Dennis Robson, City of Cortez, spoke in opposition to the bill and described the city's regulation of manufactured homes.

05:42 PM -- Wade Greene, City of Cortez, described the City of Cortez building inspection program and compared the construction of manufactured homes with traditional "stick built" homes. He also described federal regulation of manufactured homes and the authority of a local government to inspect such structures.

06:01 PM -- William Callison, Housing Colorado, spoke in support of the bill.

06:04 PM -- James Adams, City of Fruita, spoke in opposition to the bill and explained the difference between a modular home and a manufactured home. He also described the types of home that are allowed the City of Fruita's residential building zones.

06:19 PM -- Darlene Merling, City of Fruita, explained that Mr. Adams summarized the city's position.

06:21 PM -- Steven Dawes, Colorado Municipal League, spoke in opposition to the bill and described court decisions concerning the regulation of manufactured housing by cities. He also described the differences between manufactured homes and other types of homes including modular homes and stick built homes.

06:40 PM -- Steve Bernia, Colorado Department of Local Affairs' Division of Housing, described the regulation of various types of homes including manufactured, mobile, and modular.

06:53 PM -- Shawn Ruse, Colorado Manufactured Housing Association, spoke in support of the bill and described the challenge of finding unoccupied lots that allow manufactured homes.

06:58 PM -- Jesse Finnick, New Vision Homes, Colorado Manufactured Housing Association, spoke in support of the bill.

07:08 PM -- Christian Hendrickson, Colorado Manufactured Housing Association, spoke in support of the bill and compared modular homes with stick built homes.

07:17 PM -- Rick Aluise, Town of Silt, spoke in opposition to the bill and described the regulation of home by zones within the city.

07:20 PM -- Janet Steinbach, Town of Silt, spoke in opposition to the bill and described regulation of homes by zone within the city.

07:25 PM -- Karl Tarango, Champion Homebuilders, spoke in support of the bill and described the construction of his company's manufactured homes. He also distributed pictures of different models of manufactured homes (Attachment JJ).

07:42 PM

Testimony ended and Representative Hodge closed her remarks. The bill was laid over action only.