Date: 01/31/2006

Final
BILL SUMMARY for HB06-1053

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Prepared amendment L.002 (Attachment A). The moti
Prepared amendment L.004 (Attachment C). The moti
Refer the bill to the Committee of the Whole. The		Pass Without Objection
PASS
PASS


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