Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:01/31/2006
ATTENDANCE
Time:01:35 PM to 04:16 PM
Berens
*
Cerbo
*
Place:HCR 0112
Curry
X
Decker
X
This Meeting was called to order by
Massey
X
Representative Hodge
May M.
X
Merrifield
*
This Report was prepared by
Soper
X
Carl Jarrett
Stafford
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1085
HB06-1053
HB06-1143
HB06-1139
HB06-1067		Witness Testimony Only
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Postponed Indefinitely


01:36 PM -- House Bill 06-1085

Representative Garcia, bill sponsor, explained the provisions of HB 06-1085 which expand the purposes for which moneys in the building regulation fund can be used to include education and training for manufacturers and consumers of manufactured housing. Representative Garcia provided a history of the funds' use explaining how current law limits the use of the funds. Currently there are five monitoring programs that are paid for from this fund: manufactured residential housing monitoring; nonresidential manufactured housing monitoring; dealer monitoring; installer monitoring; and monitoring multi-family homes without building codes.


01:41 PM

Meghan Pfanstiel, Rocky Mountain Home Association, spoke in support of the bill. She indicated that increased education for manufactured housing installers and staff is better for consumers. She spoke to changes in manufactured housing over the years and noted that increased education will serve the industry.










01:43 PM

Kathi Williams, Division of Housing, Colorado Department of Local Affairs, spoke in support of the bill. The division works, free of charge, with smaller local governments that have no building inspection department. The division also works to provide appropriate and affordable housing. She indicated that manufactured housing is one way the division can ensure that affordable housing is available. She explained the differences in purchasing manufactured housing and purchasing housing via a contractor; i.e., individuals purchasing manufactured housing purchase a product and serve as their own general contractor whereas individuals purchasing a "stick" home purchase land, hire a general contractor, and make decisions regarding the construction of the home. Ms. Williams further explained that currently, the division returns unexpended funds to the General Assembly, but under the bill's provisions, wants to be able to use this excess funding for grants to provide training. Ms. Williams responded to committee questions about reducing fees as opposed to either returning excess collections to the General Fund or requesting additional spending authority to provide education and training as the bill proposes.


01:58 PM

Representative Garcia provided closing comments. The bill was taken off the table.


02:02 PM -- House Bill 06-1053

Representative Pommer, bill sponsor, explained the provision of the strike below the enacting clause amendment to HB 06-1053 (L.002, Attachment A). He explained the difference between the bill as introduced which required certain local governments to prepare, adopt, and update master plans and the bill as proposed in the strike-below amendment which provides that local governments may adopt master plans and strikes current language that makes master plans advisory. Representative Pommer responded to committee questions regarding the mandate that counties and municipalities adopt master plans and whether current law provides for cities and counties to adopt master plans. He also responded to committee questions regarding the need for the bill given the permissive language in the bill. Representative Pommer responded to additional questions regarding the effect of master plans on property owners and property rights.


02:13 PM

Jim Johnson, Colorado Concern, Colorado Competitiveness Council, spoke in opposition to the bill (Attachment B). He explained how local governments develop and use master plans and spoke to how difficult changes to these plans would become under the bill as originally proposed. He described the difficulty in binding master plans in law. Committee discussion focused on the need for flexibility in master plans as opposed to codifying such plans in law.

Representative Pommer responded to additional questions regarding the effect of codified master plans on property owners and property rights, and regarding the need for the bill given the permissive nature of the bill.











02:34 PM

Heidi Greer Mosher, Colorado Association of Realtors, spoke in opposition to the bill as introduced. She expressed concern with the strike-below amendment as well, and spoke to unintended consequences of the amendment. She indicated she would take the strike-below back to the realtors' legislative committee for comment.


02:35 PM

Susan Wood, Colorado Chapter, American Planning Association, spoke in support of the bill as amended by the strike-below. She explained the function of land use planning and spoke to how the bill will facilitate good planning for local governments. She explained how master plans are developed and to public input on the development of master plans. She spoke to the amendment process for master plans and indicated the strike-below amendment will not change that process.


02:38 PM

Tim Baldwin, Colorado Chapter, American Planning Association, spoke in support of the bill as amended by the strike-below. He spoke to the degree to which the bill will allow communities to make their plans statutory as opposed to advisory and to the advantages for communities in this case.


02:41 PM

Pat Ratliff, Colorado Counties, Inc., spoke in support of the bill as amended by the strike-below. She spoke to the flexibility provided by the amendment for local governments to make the plans advisory or statutory. Ms. Ratliff responded to a committee question regarding unintended consequences of the proposed bill on private property rights indicating that danger exists under current law.


























02:48 PM

Erin Goff, Colorado Municipal League, spoke in support of the bill as amended by the strike-below.
BILL:HB06-1053
TIME: 02:49:24 PM
MOVED:Merrifield
MOTION:Prepared amendment L.002 (Attachment A). The motion carried without objection.
SECONDED:Soper
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1053
TIME: 02:50:40 PM
MOVED:Massey
MOTION:Prepared amendment L.004 (Attachment C). The motion carried without objection.
SECONDED:Cerbo
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
No
Massey
No
May M.
Yes
Merrifield
Yes
Soper
Yes
Stafford
No
Lindstrom
No
Hodge
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1053
TIME: 02:53:21 PM
MOVED:Merrifield
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 7-4 roll call vote.
SECONDED:Cerbo
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
No
Massey
No
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
No
Lindstrom
Yes
Hodge
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:00 PM -- House Bill 06-1143

Representative Gallegos, bill sponsor, provided an explanation of the provisions of HB 06-1143 requiring arrest records for election workers.


03:04 PM

Sherry Wofford, Secretary of State's Office, spoke in support of the bill. She explained current procedures regarding criminal background checks for election workers and explained that the bill will codify the current practice. Ms. Wofford responded to committee questions regarding current practice in performing background checks of election workers.



















03:09 PM

Peg Ackerman, County Sheriffs of Colorado, County Clerks of Colorado, spoke in support of the bill.
BILL:HB06-1143
TIME: 03:12:00 PM
MOVED:Merrifield
MOTION:Prepared amendment L.001 (Attachment D). The motion carried without objection.
SECONDED:Soper
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
The committee recessed to ponder the amendment's provisions.
BILL:HB06-1143
TIME: 03:15:04 PM
MOVED:Massey
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:Decker
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
Yes
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:16 PM -- House Bill 06-1139

Representative White, bill sponsor, explained the provisions of HB 06-1139 that will require gaming communities to spend their funds for historic preservation.


03:18 PM

Mark Rodman, Colorado Preservation Inc., spoke in support of the bill. He explained how gaming revenues are divided and to how the historic preservation funds are intended to be used. He spoke to the kinds of historic preservation projects in which municipalities engage and to how municipalities decide in what projects to engage.


03:21 PM

Tom Noel spoke in support of the bill and spoke to the kinds of historic preservation projects that can be undertaken with the funds.


03:22 PM

Cindy Sovine, City of Black Hawk, spoke in support of the bill and in support of proposed amendment L.001 (Attachment E).






























03:23 PM

Georgi Contiguglia, Colorado Historical Society, spoke in support of the bill.
BILL:HB06-1139
TIME: 03:24:16 PM
MOVED:Lindstrom
MOTION:Prepared amendment L.001 (Attachment E). The motion carried without objection.
SECONDED:Stafford
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1139
TIME: 03:25:11 PM
MOVED:Curry
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:Lindstrom
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
Yes
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS









03:26 PM -- House Bill 06-1067

Representative Cerbo, bill sponsor, explained the provisions of the bill revising Colorado's fireworks laws by prohibiting the use and possession of fireworks under most circumstances. Representative Cerbo responded to questions regarding the ability of local governments to regulate fireworks and the ability of individuals to bring fireworks into Colorado from other states. Committee members questioned the wisdom in, and effectiveness of, a statewide ban. Committee members also questioned the need for the bill given that many fireworks are outlawed under current law. Representative Cerbo spoke to the safety issues the bill proposes to address and he responded to earlier committee comments regarding public fireworks displays.


03:47 PM

Tom Coulson, Discount Fireworks, Inc., spoke in opposition to the bill. He spoke to increasing restrictions on the sale, use, and possession of fireworks over his last 20 years as a retailer. He questioned the need for the bill given that most fireworks are illegal under current law. Mr. Coulson responded to a committee question regarding the use of fireworks for agricultural purposes.


03:51 PM

Gordon D. Sanchez, Fireking Fireworks, spoke in opposition to the bill. He spoke in support of leaving the decision to prohibit and allow the sale, use, and possession of fireworks to local governments. He also spoke to votes by communities in Wyoming in favor of the sale, use, and possession of fireworks in their communities. He further spoke to the prevalence of illegal fireworks being brought into Colorado from other states.


03:56 PM

Aeron Caulkins, Olde Glory Fireworks, spoke in opposition to the bill. He reiterated prior testimony regarding the prevalence of illegal fireworks being brought into the state and to the degree to which fires caused by fireworks are caused by illegal fireworks as opposed to legal fireworks. He responded to a committee question regarding other states that ban all fireworks.


04:00 PM

Rob Geislinger, Fire Marshal's Association of Colorado, spoke in support of the bill. He spoke to injuries to humans and damage to property caused by fireworks. He also spoke to the degree to which illegal fireworks are used in Colorado, noting that bigger problems are misuse of fireworks and the use of fireworks by children, legal or illegal. Mr. Geislinger responded to a committee question regarding the will and ability of law enforcement and fire departments to enforce current law.


04:04 PM

Chris Olson, Colorado Association of Chiefs of Police, spoke in support of the bill. Mr. Olson spoke to the increasing problem of fireworks possession and usage in Colorado.


04:07 PM

Representative Cerbo provided closing comments on the bill. Committee members provided comments on the bill.

BILL:HB06-1067
TIME: 04:14:15 PM
MOVED:Cerbo
MOTION:Refer the bill to the Committee of the Whole. The motion failed on a 4-7 roll call vote.
SECONDED:Lindstrom
VOTE
Berens
No
Cerbo
Yes
Curry
No
Decker
No
Massey
No
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
No
Lindstrom
Yes
Hodge
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1067
TIME: 04:15:11 PM
MOVED:Massey
MOTION:Postpone the bill indefinitely. The motion carried on a 7-4 roll call vote.
SECONDED:Stafford
VOTE
Berens
Yes
Cerbo
No
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
No
Soper
No
Stafford
Yes
Lindstrom
No
Hodge
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:16 PM

The committee adjourned.