House Committee on Local Government (02/01/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	02/01/2005	ATTENDANCE

Time:	01:34 PM to 04:32 PM	Berens	X
		Cerbo	X
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	X
		Lindstrom	X
		Hodge	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1063 HB05-1120 HB05-1159 HB05-1154		Amended and Referred to the Committee of the Whole Postponed Indefinitely Referred to the Committee of the Whole Amended and Referred to the Committee of the Whole

01:35 PM -- House Bill 05-1063

Representative Pommer, sponsor, described the provisions of the bill pertaining to the Land Use Commission. Testimony on the bill was also provided on January 25, 2005.

The following person testified on the bill:

01:37 PM -- Pat Ratliff, Colorado Counties, Inc., spoke in support of the bill.

01:38 PM

Testimony was closed.


BILL:	HB05-1063
TIME:	01:39:16 PM
MOVED:	May M.
MOTION:	Moved to amend page 3 of the printed bill, strike lines 10 through 16 pertaining to review by the Land Use Commission of local government designations as matters of state interest on or after January 1, 1998. The motion lost on a roll call vote of 4-7.
SECONDED:	Sullivan
		VOTE
	Berens	Yes
	Cerbo	No
	Curry	No
	Decker	No
	May M.	Yes
	Merrifield	No
	Soper	No
	Sullivan	Yes
	Welker	Yes
	Lindstrom	No
	Hodge	No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

01:38 PM

Representative Pommer spoke in opposition to the amendment.


BILL:	HB05-1063
TIME:	01:50:45 PM
MOVED:	Cerbo
MOTION:	Moved Amendment L. 002 (see Attachment A). 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:	HB05-1063
TIME:	01:52:49 PM
MOVED:	Cerbo
MOTION:	Moved to refer HB05-1063 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 10-1.
SECONDED:	Merrifield
		VOTE
	Berens	No
	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: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:55 PM -- House Bill 05-1120

Representative Stengel, sponsor, described the provisions of the bill concerning streetscape enhancements. He also described the provisions of Amendment L. 002 (see Attachment B) and Amendment L. 003 (see Attachment C).

The following persons testified on the bill:

02:19 PM -- David Broadwell, City and County of Denver, spoke in opposition to the bill because it will allow advertisements in areas where such signs are currently prohibited. He also described the City and County of Denver's policies pertaining to advertising on public right of ways and other areas.

02:30 PM -- Erin Goff, Colorado Municipal League, spoke in opposition to the bill because it limits the ability of a local government to regulate advertising.

02:32 PM -- Gregory Staritzky, representing himself, spoke in opposition to the bill.

02:35 PM -- Mark Giordano, United Advertising Corporation, spoke in support of the bill and described types of streetscape advertisement such as bus stop benches (see Attachment D).

02:50 PM -- Ronald Fano, United Advertising Corporation, spoke in support of the bill and Amendments L. 002 and L. 003. He also responded to questions from the committee regarding the purpose of the bill's legislative declaration, probable location of advertisements on private lands if the bill is enacted, and other issues.

03:13 PM

Testimony was closed.


BILL:	HB05-1120
TIME:	03:13:55 PM
MOVED:	May M.
MOTION:	Moved Amendment L. 002, as amended by Amendment L. 003. The motion passed 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


BILL:	HB05-1120
TIME:	03:15:09 PM
MOVED:	May M.
MOTION:	Moved Amendment L. 003 that amends Amendment L. 002. The motion passed without objection.
SECONDED:	Curry
		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:	HB05-1120
TIME:	03:15:52 PM
MOVED:	Merrifield
MOTION:	Moved to amend page 2 of the printed bill, strike lines 6 through 15 that includes the legislative declaration. The motion passed without objection.
SECONDED:
		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:	HB05-1120
TIME:	03:16:56 PM
MOVED:	Sullivan
MOTION:	Moved to refer the HB05-1120 to the Committee of the Whole, as amended. The motion failed on a roll call vote of 5-6.
SECONDED:	Berens
		VOTE
	Berens	Yes
	Cerbo	No
	Curry	Yes
	Decker	Yes
	May M.	No
	Merrifield	No
	Soper	No
	Sullivan	Yes
	Welker	Yes
	Lindstrom	No
	Hodge	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1120
TIME:	03:21:45 PM
MOVED:	Cerbo
MOTION:	Moved to Postpone Indefinitely HB05-1120. The motion passed on a roll call vote of 7-4.
SECONDED:	Merrifield
		VOTE
	Berens	No
	Cerbo	Yes
	Curry	Yes
	Decker	No
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	No
	Welker	No
	Lindstrom	Yes
	Hodge	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:13 PM

The meeting was recessed.

03:25 PM -- House Bill 05-1159

Representative Crane, sponsor, described the provisions of the bill concerning the sale of tax liens by county treasurers.

The following persons testified on the bill:

03:28 PM -- Roxy Huber, Colorado County Treasurers Association, spoke in support of the bill. She also described the current process for selling tax lien sales by a county treasurer.

03:31 PM -- Mark Paschall, Jefferson County Treasurer, spoke in support of the bill and described current law pertaining to selling of tax liens by counties. He also spoke in support of Amendment L. 001 (see Attachment E).

03:35 PM -- Mark Hubbard, Jefferson County Treasurer's Office, described the process of selling tax liens and a recent internet auction of tax liens that was conducted by Jefferson County.

03:37 PM

Testimony was closed.


BILL:	HB05-1159
TIME:	03:37:53 PM
MOVED:	Berens
MOTION:	Moved Amendment L 001. The motion passed without objection
SECONDED:	Sullivan
		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:	HB05-1159
TIME:	03:38:42 PM
MOVED:	Berens
MOTION:	Moved to refer HB05-1159 to the Committee of 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

03:44 PM

Mr. Paschall returned to describe training opportunities provided by the county to assist persons with on-line sales of tax liens by the county. He also explained that the county provides use of its computers for persons who do not have access to such equipment.

03:45 PM -- House Bill 05-1154

Representative Sullivan, sponsor, described the provisions of the bill and described the economic challenges facing rural communities in Colorado.

The following persons testified on the bill:

03:47 PM -- Harold Boade, Neoplan, spoke in support of the bill and described economic challenges facing bus manufacturers. He also described economic incentives provided by other states to manufacturers located in those states that limit the ability of Neoplan to remain competitive.

03:55 PM -- Barbara Kirkmeyer, Colorado Department of Local Affairs, described the provisions of Amendment L. 002 (see Attachment F) that transfers part of the money collected from the Waste Tire and Recycling Fee to the Rural Local Government Economic Development Incentives Matching Grant Fund established by HB05-1154. Committee discussion followed about the impact of Amendment L. 002 on research programs funded by the Colorado Commission on Higher Education (CCHE) that are currently receiving a portion of the Waste Tire and Recycling Fee.

04:04 PM -- Clark Becker, Colorado Rural Development Council, spoke in support of the bill and described the need for economic development in rural Colorado.

04:09 PM

Testimony was closed and Representative Sullivan closed his remarks.


BILL:	HB05-1154
TIME:	04:10:29 PM
MOVED:	Berens
MOTION:	Moved Amendment L. 002. The motion failed on a roll call vote of 5-6.
SECONDED:	May M.
		VOTE
	Berens	Yes
	Cerbo	No
	Curry	No
	Decker	Yes
	May M.	Yes
	Merrifield	No
	Soper	No
	Sullivan	Yes
	Welker	Yes
	Lindstrom	No
	Hodge	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1154
TIME:	04:10:47 PM
MOVED:	Merrifield
MOTION:	Moved a substitute motion to allow CCHE to continue receiving its portion of the Waste Tire and Recycling Fund and to obtain the money for Rural Local Government Economic Development Incentives Matching Grant Fund from the other portion of the fee. The motion was withdrawn after discussion.
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: TIE

04:11 PM

Ms. Kirkmeyer responded to questions from the committee regarding allocation of the Waste Tire and Recycling Fee under current law.


BILL:	HB05-1154
TIME:	04:23:26 PM
MOVED:	Berens
MOTION:	Moved to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 10-1.
SECONDED:	Curry
		VOTE
	Berens	Yes
	Cerbo	No
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Yes
	Soper	Yes
	Sullivan	Yes
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:25 PM

The meeting was adjourned.