Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:02/07/2006
ATTENDANCE
Time:02:14 PM to 05:44 PM
Cadman
X
Carroll T.
X
Place:HCR 0107
Coleman
X
Crane
X
This Meeting was called to order by
Gallegos
X
Representative Weissmann
Liston
X
Lundberg
X
This Report was prepared by
Schultheis
X
Bo Pogue
Todd
X
Ragsdale
X
Weissmann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1075
HB06-1096
HB06-1099
HB06-1208
HB06-1010		Laid Over
Amended, Laid Over
Amended, Laid Over
Laid Over
Referred to the Committee of the Whole


02:14 PM

The committee was called to order. A quorum was present.

02:14 PM -- House Bill 06-1075

 Representative Todd presented an overview of House Bill 06-1075, concerning the sale of surplus state property. Representative Todd provided some background information regarding her reasons for sponsoring the bill.

The following people testified on House Bill 06-1075:

02:18 PM -- Representatives Jahn and Knoedler testified regarding the bill. Representative Jahn explained her role as the chair of the Correctional Industries Advisory Board and expressed the need to reach a compromise regarding the surplus process. Representative Jahn discussed a situation involving surplus property at the Lowry campus left over from Hurricane Katrina relief efforts and potential amendments to the bill. Representative Knoedler discussed the importance of the state surplus process to the Department of Corrections (DOC) and the impact of House Bill 06-1075 on the prison system and institutions of higher learning. Representative Jahn responded to questions regarding the granting of waivers from certain surplus disposal deadlines and the potential for referring the issue to the Correctional Industries Advisory Board. Representatives Jahn and Knoedler explained the potential monetary impact on Correctional Industries programs if the bill passes.



02:30 PM -- Dr. Linda S. Bowman, President of Community College of Aurora and Vice President of the Colorado Community College System, and Ms. Barbara McDonnell, Executive Vice President of the Colorado Community College System, testified in favor of House Bill 06-1075. Dr. Bowman explained the current situation regarding the disposal of surplus materials at the Lowry facility, and the burdens of adhering to the process of surplus disposal. Ms. McDonnell provided further detail regarding the surplus property situation at Lowry. Dr. Bowman responded to questions regarding transferring surplus property to charter schools and the use of college staff to inventory surplus property. Ms. McDonnell provided an overview of the process involved in disposing surplus properties.

02:38 PM -- Mr. John Utterback, Director of Purchasing for Colorado State University (CSU), testified in favor of the bill. Mr. Utterback explained the benefits realized by CSU handling its disposal of surplus property.

02:42 PM -- Representative Todd provided closing comments in favor of House Bill 06-1075. A discussion ensued regarding a potential revenue-sharing compromise between DOC and higher education institutions and what institutions should benefit from the sale of surplus property.

02:49 PM

The committee recessed briefly.

02:51 PM

The committee came back to order. Representative Weissmann took House Bill 06-1075 off the table.

02:52 PM -- House Bill 06-1096

Representative Hefley presented an overview of House Bill 06-1096, concerning a limitation on the exercise of the power of eminent domain by certain special districts. Representative Hefley deferred a question regarding a special districts electors by distributing amendments she planned on moving that addressed the question (Attachments A and B).

The following persons testified regarding House Bill 06-1096:

02:59 PM -- Mr. Evan Golding, representing the Special District Association of Colorado, testified in opposition to House Bill 06-1096. Mr. Golding explained the impact of the bill on certain special districts and the number of such districts that would be affected by the bill and the powers vested in special districts. Mr. Golding also discussed the population size of special districts in Colorado. Mr. Golding responded to a question the handling of eminent domain proceedings in a court of law.

03:03 PM -- Ms. Pat Ratliff, representing Colorado Counties Incorporated, testified in opposition to the bill.

03:05 PM

Ms. Mary Ann McGreedy, an attorney representing special district clients, testified in opposition to House Bill 06-1096. Ms. McGreedy explained how the bill will shift the use of eminent domain from special districts to local governments. The committee had no questions for Ms. McGreedy.


03:07 PM

Mr. Duncan Bremer, an attorney and former county commissioner representing himself, testified in favor of the bill. Mr. Bremer explained the creation and operation of special districts, and discussed the proper use of eminent domain powers. Mr. Bremer also discussed the threshold of the number of electors established in the bill. Mr. Bremer then made comments regarding earlier testimony, and referenced changes to the bill to be made by a forthcoming amendment, Attachment A. Mr. Bremer responded to a question regarding the threshold of the number of electors established by the bill.

03:19 PM

Mr. Carl Filler, representing himself and his family, testified in favor of House Bill 06-1096. The committee had no questions for Mr. Filler.

03:21 PM

Mr. Rick Rafter, representing himself, testified in favor of the bill. Mr. Rafter explained a situation regarding the use of eminent domain by a special district that affects property he holds. Mr. Rafter provided some history regarding the original creation of special districts.

03:26 PM

Representative Hefley explained prepared amendments L.001 and L.002 (Attachments A and B).
BILL:HB06-1096
TIME: 03:27:17 PM
MOVED:Cadman
MOTION:Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Liston
VOTE
Cadman
Carroll T.
Coleman
Crane
Gallegos
Liston
Lundberg
Schultheis
Todd
Ragsdale
Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1096
TIME: 03:27:39 PM
MOVED:Cadman
MOTION:Moved prepared amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:Liston
VOTE
Cadman
Carroll T.
Coleman
Crane
Gallegos
Liston
Lundberg
Schultheis
Todd
Ragsdale
Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:29 PM

Representative Weissmann explained that House Bill 06-1096, and all of the eminent domain-related bills, would be heard for testimony and some amendments, and then laid over for future action. He explained the reason for proceeding in this manner and said that the future action would allow for further amendment of the bills. With that, House Bill 06-1096 was taken off the table.

03:31 PM -- House Bill 06-1099

Representative Gardner presented House Bill 06-1099, concerning a limitation on the exercise of the power of eminent domain by public entities. Representative Gardner provided background regarding the subject of eminent domain usage and the recent United States Supreme Court decision on eminent domain, Kelo vs. City of New London. A discussion ensued regarding moving forward with eminent domain-related legislation in light of a provision in the Colorado constitution. Further discussion ensued regarding differences between Colorado and Connecticut eminent domain statutes as they pertain to the Kelo decision. Representative Gardner responded to a question pertaining to what constitutes "public use" in the exercise of eminent domain powers. A discussion followed regarding the process by which property is condemned under eminent domain. Representative Gardner responded to questions regarding certain court cases listed in the legislative declaration of House Bill 06-1099, and provided an example of the proper exercise of eminent domain under the bill.

The following people testified regarding House Bill 06-1099:

03:55 PM -- Mr. Bob Hoban, attorney, testified in favor of House Bill 06-1099. Mr. Hoban discussed the use of the power of eminent domain in the context of urban renewal. Mr. Hoban also briefly revisited the subject of the eminent domain process.



04:03 PM -- Ms. Joanne Herlihy, representing the Colorado Water Congress, testified in opposition to House Bill 06-1099. Ms. Herlihy explained that her organization may withdraw this opposition if the bill is amended as contemplated by Representative Gardner. Ms. Herlihy explained that this amendment would limit the bill so as to not affect water conveyance systems, and Representative Gardner commented on the amendment. The committee had no questions for Ms. Herlihy.

04:07 PM -- Ms. Pat Ratliff, representing Colorado Counties Incorporated, testified in favor of the bill. Ms. Ratliff explained that the bill would not affect the mission of her organization.

04:09 PM -- Mr. Gene Hohensee, representing the Denver Urban Renewal Authority and the Colorado Municipal League, testified in opposition to House Bill 06-1099. Mr. Hohensee explained that the type of eminent domain proceeding contemplated in the Kelo vs. City of New London decision would not be allowed under Colorado law. Mr. Hohensee also explained the use of eminent domain for urban renewal, and provided background regarding certain eminent domain proceedings in Colorado. Mr. Hohensee provided an update regarding one of these proceedings. Representative Gardner commented briefly on Mr. Hohensee's testimony, and Mr. Hohensee responded.

04:21 PM -- Mr. Carl Filler, representing himself and his family, testified in favor of the bill.

04:22 PM -- Jerry Sonnenberg, representing the Colorado Farm Bureau, testified in favor of House Bill 06-1099. Mr. Sonnenberg discussed the Kelo vs. New London decision and the effect of eminent domain proceedings on the owners of agricultural property. The committee had no questions for Mr. Sonnenberg.

04:25 PM -- Ms. Cynthia French, representing Colorado Dairy Farmers Association, testified in favor of the bill.

04:26 PM

Representative Gardner explained prepared amendment L.004 (Attachment C).
BILL:HB06-1099
TIME: 04:27:29 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:Carroll T.
VOTE
Cadman
Carroll T.
Coleman
Crane
Gallegos
Liston
Lundberg
Schultheis
Todd
Ragsdale
Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


House Bill 06-1099 was taken off the table.

04:28 PM -- House Bill 06-1208

Representative Lundberg presented House Bill 06-1208, concerning special compensation to property owners whose property has been taken through exercise of the power of eminent domain. Representative Lundberg provided historic and legislative background regarding eminent domain. Representative Lundberg then provided an overview of House Bill 06-1208 and examples of the impact of the bill on the use of the power of eminent domain.

The following people testified regarding House Bill 06-1208:

04:42 PM -- Joanne Herlihy, representing the Colorado Water Congress, testified in opposition to House Bill 06-1208. Ms. Herlihy explained the potential economic impact of the bill on Colorado water users. Representative Lundberg addressed Ms. Herlihy's reservations regarding the bill.

04:47 PM -- Mr. Herman Stockinger, representing the Department of Transportation (CDOT), testified in opposition to the bill. Mr. Stockinger explained that CDOT has reservations regarding the fiscal impact of the bill. Mr. Stockinger responded to a question regarding the payment of relocation assistance as part of the compensation to persons whose property is condemned.

04:50 PM -- Ms. Erin Goff, representing the Colorado Municipal League and Colorado Counties Incorporated, testified in opposition to House Bill 06-1208. Ms. Goff explained the process of reaching a compensation settlement when property is condemned and mentioned a potential equal protection issue in connection with certain language in the bill.

04:55 PM -- Mr. Chuck Saxton, representing himself, testified in favor of the bill. Mr. Saxton discussed the nature of property rights and public sentiment regarding eminent domain.

04:58 PM -- Mr. Carl Filler, representing himself and his family, testified in favor of House Bill 06-1208. Mr. Filler discussed the emotional and financial impact of property condemnation. Mr. Filler responded to a question regarding specific examples of persons involved in eminent domain proceedings.

05:01 PM

Representative Lundberg discussed the potential for future amendments to House Bill 06-1208. Representative Lundberg responded to questions regarding the bill's impact on the urban renewal process and the level of compensation provided to landowners under the bill.


05:08 PM

The bill was removed from further consideration.

05:09 PM -- House Bill 06-1010

Representative Weissmann provided an overview of House Bill 06-1010, concerning state participation in government procurement rules of an international trade agreement. Representative Weissmann responded to questions regarding the relationship of the bill to the North American and Central American Free Trade Agreements and the existence of similar legislation in other states. A discussion ensued regarding the Governor's position on the bill. Representative Weissmann then responded to a question regarding his stance on free trade in general. A discussion followed regarding the potential for amending the bill to clarify the legislature's role in trade governance. Representative Weissmann then responded to questions regarding the process by which the state agrees to sign on to an international trade agreement. Representative Weissmann agreed to find out how many states proceed with international trade agreements in a similar fashion to Colorado. A discussion followed regarding the involvement of competing interests in authorizing trade agreements. Representative Weissmann clarified that House Bill 06-1010 only applies to government procurement rules.

05:35 PM

No one signed up to testify, and no amendments were forthcoming, regarding House Bill 06-1010.
BILL:HB06-1010
TIME: 05:36:54 PM
MOVED:Weissmann
MOTION:Refer House Bill 06-1010 to the Committee of the Whole with favorable recommendation. The motion carried on a 9-2 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
No
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:38 PM

The committee discussed the decision to hold up final action on eminent domain-related legislation for a later date.