Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT

Date:03/02/2006
ATTENDANCE
Time:10:15 AM to 11:41 AM
Bacon
X
Entz
*
Place:SCR 353
Jones
X
Kester
X
This Meeting was called to order by
Tochtrop
X
Senator Hanna
Groff
X
Hanna
X
This Report was prepared by
Raegan Robb
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1181
HB06-1250
SB06-052		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


10:15 AM -- House Bill 06-1181

Senator Tochtrop, prime sponsor, introduced her bill and explained that HB06-1181 addresses changes to statutory provisions that are arcane and impractical in the pleasure of the sheriff' statute. She explained that this bill will eliminate the language that currently allows the county sheriffs to revoke appointments at their own pleasure.


10:19 AM

Sheriff Doug Darr, County Sheriffs of Colorado, testified in support of HB06-1181 explaining that the sheriff's statutes are antiquated and date back to when Colorado became a state. Sheriff Darr explained that HB06-1181 was a product of compromise between the County Sheriff's of Colorado and the Fraternal Order of Police. He explained that the issues addressed in HB06-1181 are crucial to providing due process within a sheriff's department to give deputies the right to know why they are losing their jobs when they are fired.


10:23 AM

Scott Fitzgerald, Fraternal Order of Police, testified in support of HB06-1181 and explained that this bill will level the playing field by providing sheriff deputies due process rights similar to municipal police officers.








10:25 AM

Mike Prange, Fraternal Order of Police, testified in support of the HB06-1181 and spoke to how this bill will improve relations between county sheriffs and their deputies.


10:27 AM

Sheriff Jim Alderden, Larimer County, testified in support of the bill and spoke to additional aspects of HB06-1181 that will eliminate the requirements that a county post a bond for their sheriffs, and will provide limited liability to county sheriffs regarding the actions of sheriff deputies. Sheriff Alderden responded to questions and comments from the committee.


10:31 AM

Hal Warren, Chief Deputy County Attorney, Adams County, addressed legal questions from the committee regarding the bonding requirements of county sheriffs and how this bill will require county sheriffs to be bonded in the manner of other elected county officials.


10:32 AM

David Osborne, General Counsel, Colorado Fraternal Order of Police, introduced himself and opened himself up to any legal questions from the committee. There were no legal questions from the committee.


10:33 AM

J.D. Cordova, State President, Colorado Fraternal Order of Police, testified in support of HB06-1181 and spoke of the collaborative effort for HB06-1181 between the County Sheriff's of Colorado and the Fraternal Order of Police.


10:35 AM

Senator Tochtrop entered closing comments on HB06-1181.


















BILL:HB06-1181
TIME: 10:35:42 AM
MOVED:Tochtrop
MOTION:Move HB06-1181 to the Committee of the Whole. Motion passed on a 6-0-1 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Yes
Jones
Yes
Kester
Yes
Tochtrop
Yes
Groff
Excused
Hanna
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


10:41 AM -- House Bill 06-1250

Senator Entz, prime sponsor, explained that this bill increases the fine for violations listed in the "Ski Safety Act" from $300 to a maximum of $1,000.


10:44 AM

Derek Woodman, Undersheriff, Summit County, testified in support of the bill and explained this increase is a much needed deterrent to these types of violations listed in the act. Undersheriff Woodman explained that violations for skiing out of bounds often require dangerous search and rescue operations by the county. The Undersheriff addressed questions from the committee regarding the relationship between county sheriff departments and ski resorts and whether these fines revert to local funding for search and rescue.


10:52 AM

Chuck Tolton, Colorado Ski Country, testified in support of HB06-1250 and explained that this bill will provide needed updates to the Ski Safety Act, which was created in 1979. Mr. Tolton entered testimony regarding the amount of effort and resources involved in search and rescue operations. Mr. Tolton explained that the increased fines adjusted in HB06-1250, along with increased education, will help limit these types of incidences. Mr. Tolton and Senator Entz addressed questions from the committee regarding whether skiers would be protected from skiing out of bounds by the State Search and Rescue cards.


10:58 AM

Derek Woodman, Undersheriff, Summit County, explained that skiers are not protected with the State Search and Rescue card if they are engaged in illegal trespassing.









11:00 AM

Sen. Entz entered closing comments concerning HB06-1250.
BILL:HB06-1250
TIME: 11:00:18 AM
MOVED:Entz
MOTION:Move HB06-1250 to the Committee of the Whole with the recommendation that it be placed on the Consent Calendar. Motion passed on a 7-0 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Yes
Jones
Yes
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:03 AM -- Senate Bill 06-052

Senator Grossman, prime sponsor, introduced his bill and explained that the bill will lift the cap placed on a county sales or use taxes with the approval of the voters. Senator Grossman introduced prepared amendment L.001 (Attachment A) and explained that the amendment will require this type of tax increases to sunset after twenty years, place a cap on the amount of this tax that can be used for management and/or maintenance of open space and indicate exactly how the money from the tax increase will be divided.


11:06 AM

Steve Balcerovich, Colorado Association of Commerce and Industry (CACI), testified in opposition to SB06-052. Mr. Balcerovich explained that the tax council of CACI had concerns against the bill, and said that this bill will complicate and increase sales taxes in Colorado municipalities. Mr. Balcerovich expressed concerns that these taxes will be used to offset additional expenses at the local level. Mr. Balcerovich responded to questions and comments from the committee regarding state and local tax and the protection of parks and open space in Colorado. Discussion between Senator Grossman and Mr. Balcerovich ensued concerning whether CACI was taking a position against the bill or just the tax council of CACI. Mr. Balcerovich explained that CACI was not opposed to this bill, but that he was speaking on behalf of the CACI tax council.













11:20 AM

R.J. Hicks, Jefferson County Business Lobby, testified in opposition to SB06-052 and voiced concerns for increasing sales taxes in Colorado, specifically, that sales tax fluctuations between communities could create unequal tax burdens on businesses.


11:22 AM

Adam Eichbers, Trust for Public Land, testified in support of the bill and noted that local municipalities prefer to protect open space through local sales taxes--approved by local voters. Mr. Eichbers also spoke to the need for the 20 year sunset of such sales or use tax according to SB06-052. Mr. Eichbers addressed Senator Grossman questions regarding "de-Brucing" and whether sales tax increases could be implemented without going to the voters.


11:27 AM

Cheryl Matthews, Director of Open Space and Natural Resources, Douglas County, testified in support of SB06-052 and spoke to the need for Douglas County to increase taxes, beyond the statutory cap, so the county can continue to protect open space in Douglas County. Ms. Matthews informed the committee that protecting open space, in places like Douglas County, is becoming more expensive and that increasing local sales taxes was the most viable option--with voter approval (Attachment B).


11:30 AM

Chip Taylor, Colorado Counties Inc., testified in support of SB06-052 stating that this bill addresses some of the problems from the previous legislation that was vetoed in 2005. Mr. Taylor spoke to the tax cap addressed in the bill and clarified municipal and county tax restrictions for the committee.


11:33 AM

Senator Grossman entered closing comments to his bill and reviewed L.001 (Attachment A).



















BILL:SB06-052
TIME: 11:33:45 AM
MOVED:Tochtrop
MOTION:Move to adopt prepared amendment L.001 (Attachment A).
SECONDED:
VOTE
Bacon
Entz
Jones
Kester
Tochtrop
Groff
Hanna
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB06-052
TIME: 11:38:58 AM
MOVED:Tochtrop
MOTION:Moved to adopt prepared amendment L.002 (Attachment C).
SECONDED:
VOTE
Bacon
Entz
Jones
Kester
Tochtrop
Groff
Hanna
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB06-052
TIME: 11:40:40 AM
MOVED:Tochtrop
MOTION:Move SB06-052 to the Committee of the Whole. The motion passed on a 5-2 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Yes
Jones
No
Kester
No
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:41 AM

The meeting adjourned.