Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT
Date:03/15/2005
ATTENDANCE
Time:01:33 PM to 04:42 PM
Berens
X
Cerbo
*
Place:HCR 0112
Curry
X
Decker
X
This Meeting was called to order by
May M.
X
Representative Hodge
Merrifield
*
Soper
X
This Report was prepared by
Sullivan
X
David Beaujon
Welker
*
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1256
SB05-007
SB05-069
SB05-105
SB05-174
SB05-067
SB05-010
SB05-160
SB05-080		Amended, Referred to Committee on Appropriations
Referred to Committee on Appropriations
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:33 PM -- Senate Bill 05-069

Representative Brophy, sponsor, described the provision of SB05-069 concerning the publication of county employee salaries. Testimony on the bill was provided at the March 8 meeting.


01:36 PM

The committee recessed.


01:39 PM

The bill was laid over until later in the meeting.




01:39 PM -- House Bill 05-1256

Representative Paccione, sponsor, described the provisions of Amendment L. 009 (Attachment A), Amendment L. 010 (Attachment B), and Amendment L. 011 (Attachment C) and distributed an unofficial pre-amended bill that includes these amendments (Attachment D). She also described the effect of Amendment L. 009 on the bill's fiscal impact (Attachment E).
BILL:HB05-1256
TIME: 01:40:47 PM
MOVED:Lindstrom
MOTION:Moved Amendment L. 009, as amended. The motion passed without objection
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB05-1256
TIME: 01:44:53 PM
MOVED:Merrifield
MOTION:Moved Amendment L. 011. The motion passed without objection.
SECONDED:Lindstrom
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB05-1256
TIME: 01:43:43 PM
MOVED:Lindstrom
MOTION:Moved Amendment L. 010. The motion passed without objection.
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1256
TIME: 01:47:53 PM
MOVED:Merrifield
MOTION:Moved HB05-1256 to the Committee on Appropriations, as amended. The motion passed on a roll call vote of 6-5.
SECONDED:Soper
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
No
May M.
No
Merrifield
Yes
Soper
Yes
Sullivan
No
Welker
No
Lindstrom
Yes
Hodge
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:50 PM

Committee discussion followed about the bill's fiscal impact. It also discussed the bill's effect on private waste management companies and the economic benefits that may result from the proposed recycling program.


02:08 PM -- Senate Bill 05-007

Representative Paccione, sponsor, described the provision of SB05-007 concerning the authority of the Department of Local Affairs to impose fees on local governments and other entities wishing to issue tax exempt bonds.

The following person testified on the bill:

02:11 PM -- Kathi Williams, Colorado Division of Housing, spoke in favor of the bill.


02:11 PM

Testimony was closed.
BILL:SB05-007
TIME: 02:13:47 PM
MOVED:Soper
MOTION:Moved SB 05-007 to the Committee on Appropriations, without amendment. The motion passed on a roll call vote 11-0.
SECONDED:Sullivan
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





02:15 PM -- Senate Bill 05-069

The bill was placed back on the table for action. Testimony on the bill was provided at the March 8 meeting.
BILL:SB05-069
TIME: 02:15:21 PM
MOVED:Soper
MOTION:Moved to refer SB05-069, to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 7-4.
SECONDED:Sullivan
VOTE
Berens
Yes
Cerbo
No
Curry
Yes
Decker
No
May M.
Yes
Merrifield
Yes
Soper
Yes
Sullivan
Yes
Welker
Yes
Lindstrom
No
Hodge
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:19 PM -- Senate Bill 05-105

Representative McCloskey, sponsor, described the provisions of SB05-105 concerning the alternative protest and appeal process for county tax payers.

The following persons testified on the bill.

02:21 PM -- Jim Everson, Jefferson County Assessor, spoke in support of the bill and described the alternative tax appeal process for larger counties.

02:25 PM -- Mary Kay Hogan, Colorado Counties, Inc., identified the counties that will be affected by the bill.



02:27 PM

Testimony was closed.
BILL:SB05-105
TIME: 02:27:24 PM
MOVED:Berens
MOTION:Moved to refer SB05-105 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:Sullivan
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




02:30 PM

Committee discussion followed about an amendment to allow all counties to adopt the alternative tax appeal process that is currently available to certain large counties.
BILL:SB05-105
TIME: 02:34:15 PM
MOVED:Sullivan
MOTION:Moved a conceptual amendment to Page 4 of the reengrossed bill to allow all counties to adopt the alternate protest and appeal procedure. The motion was adopted without objection.
SECONDED:Berens
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:36 PM -- Senate Bill 05-174

Representative White, sponsor, described the provisions of SB05-174 to exempt county sales and use taxes for open space and park land from the statutory limit on such taxes. Committee discussion followed about the impact of the bill on municipalities and businesses located within counties that exceed the statutory limit.

The following person testified on the bill:

02:44 PM -- Kathy Rennels, Colorado Counties, Inc., spoke in support of the bill and described the Larimer County's sales and use tax for open space and parks.

02:51 PM -- Adam Eichberg, Trust for Public Land, spoke in support of the bill and identified other land trust organizations that support the bill. Committee discussion followed about use of Great Outdoors Colorado (GOCO) moneys to acquire open space and pay for maintenance.



02:55 PM

Testimony was closed.
BILL:SB05-174
TIME: 02:55:24 PM
MOVED:Sullivan
MOTION:Moved to refer SB05-174 to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 9-1.
SECONDED:Berens
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Excused
May M.
No
Merrifield
Yes
Soper
Yes
Sullivan
Yes
Welker
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:57 PM -- Senate Bill 05-067

Representative Cadman, sponsor, described the provisions of SB05-067 concerning the authority of the Fire and Police Pension Association's Board to add certain defined benefit pension plans into the Statewide Defined Benefit Plan.

The following persons testified on the bill:

02:58 PM -- Kevin Lindahl, Fire and Police Pension Association, spoke in support of the bill.

02:58 PM -- Terry Valasquez, City of Colorado Springs, spoke in support of the bill.



02:59 PM

Testimony was closed.
BILL:SB05-067
TIME: 02:59:33 PM
MOVED:Berens
MOTION:Moved to refer SB05-067, to the Committee of the Whole, without amendment. 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


03:02 PM

The meeting recessed.


03:02 PM -- Senate Bill 05-010

Representative Coleman, sponsor, described the provision of SB05-010 concerning the administration of retirement plans for officers and employees of local governments and explained that the bill was recommended by the Legislative Audit Committee. She also distributed Amendments L 006 (Attachment F) and Amendment L 008 (Attachment G).

The following persons testified on the bill:

03:06 PM -- Kevin Bommer, Colorado Municipal League., spoke in support of the bill and amendment L 007 (Attachment H).

03:08 PM -- Lydia Mangan, Adams County Board of Retirement, commented on the bill.

03:10 PM -- Monica Bowers, State Auditor's Office, commented on the bill.



03:11 PM -- Greg Romberg, Colorado Press Association, spoke in support of the bill and Amendment L. 008.

03:12 PM -- Mark Paschall commented on the bill and proposed amendments concerning membership requirements for the Colorado County Employee Retirement Association (COERA) Board.


03:20 PM

Testimony was closed.
BILL:SB05-010
TIME: 03:21:17 PM
MOVED:Lindstrom
MOTION:Moved Amendment L. 006. The motion passed on a roll call vote of 8-3.
SECONDED:Merrifield
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
No
May M.
Yes
Merrifield
Yes
Soper
Yes
Sullivan
Yes
Welker
No
Lindstrom
Yes
Hodge
Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:29 PM

Mark Paschall returned to answer questions from the committee.



03:37 PM

Kevin Bommer returned to described the state law pertaining to the COERA Board.
BILL:SB05-010
TIME: 03:41:38 PM
MOVED:Lindstrom
MOTION:Moved Amendment L. 008. The motion passed without objection.
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-010
TIME: 03:42:29 PM
MOVED:Lindstrom
MOTION:Moved Amendment L. 007. The motion passed without objection.
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB05-010
TIME: 03:43:44 PM
MOVED:Berens
MOTION:Moved to refer SB05-010 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:Merrifield
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


03:45 PM

The committee recessed.


03:53 PM -- Senate Bill 05-160

Representative McFadyen, sponsor, described the provision of SB05-160 concerning review by local governments of applications for the siting of major facilities by a utility.

The following persons testified on the bill:

03:54 PM -- Patrick Mooney, Intermountain Rural Electric Association, spoke in opposition to the bill.

04:00 PM -- Nick Faes, representing himself, spoke in support of the bill and described the siting process for major utility facilities.

04:03 PM -- Natalie Shelbourn, Kinder Morgan, spoke in support of the bill and described the economic impact of delays in obtaining local government approval for the siting of her company's gas facilities.

04:07 PM -- Donna Moody, Colorado Rural Electric Association, spoke in support of the bill.



04:08 PM

Testimony was closed
BILL:SB05-160
TIME: 04:09:01 PM
MOVED:Berens
MOTION:Moved SB05-160 to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 11-0.
SECONDED:Sullivan
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


04:10 PM -- Senate Bill 05-080

Representative Merrifield, sponsor, described the provision of SB05-080 concerning notification to military installation by local governments of certain land use changes. He also identified military facilities in Colorado that would be affected by the bill.

The following persons testified on the bill:

04:12 PM -- Kevin Ward, U.S. Army, spoke in support of the bill and identified residential growth around military installations in Colorado.

04:20 PM -- Bob Stovall, City of Colorado Springs, spoke in support of the bill, He also described voluntary cooperative efforts between the city and the federal government that have help avoid conflicts between the rapidly growing city and its nearby military facilities


04:32 PM

Committee discussion followed about amending the bill to include deadlines for the federal government to respond to a local government's notification of land use decisions.



04:35 PM -- Eric Bergeman, Department of Local Affairs' Office of Smart Growth, described its programs to promote cooperation between local and federal government activities.


04:37 PM

Testimony was closed.
BILL:SB05-080
TIME: 04:37:19 PM
MOVED:Merrifield
MOTION:Moved to refer SB05-080 to the Committee of the Whole, without amendment. The motion passed on a roll call vote 11-0.
SECONDED:Soper
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


04:40 PM

The meeting adjourned.