Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:03/21/2006
ATTENDANCE
Time:01:39 PM to 03:53 PM
Berens
X
Cerbo
X
Place:HCR 0112
Curry
X
Decker
X
This Meeting was called to order by
Massey
X
Representative Hodge
Merrifield
X
Soper
*
This Report was prepared by
Stafford
X
Carl Jarrett
Stengel
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1378
SB06-068		Postponed Indefinitely
Witness Testimony Only


01:39 PM -- House Bill 06-1378

Representative Plant, bill sponsor,explained the provisions of HB 06-1378 that are intended to preserve open space. The bill creates a fund (from existing severance tax revenues) from which the board of the Great Outdoors Colorado (GOCO) Trust can provide grant funds to counties to preserve open space throughout the state. Representative Plant explained the process by which moneys would be transferred from severance tax and local government trust funds in order to provide the grant funds. Representative Plant also responded to committee questions regarding how the grant funds would be doled out to local governments by GOCO.


01:49 PM

Charles Bedford, The Nature Conservancy, spoke in support of the bill and to the need for more funding for the acquisition of conservation easements. He provided examples of land parcels that have been preserved via conservation easements. Mr. Bedford responded to a committee question regarding conservation easements in areas of the state that are not in danger of development.

Representative Plant responded to a committee question about unused severance tax revenues that are in reserve.









01:56 PM

Jim Evans, City of Rifle, spoke in opposition to the bill (Attachment A). He indicated that while the City of Rifle supports conservation of open space, they are concerned for the impact the loss of severance tax revenues would have in the area.


02:03 PM

Aron Diaz, Associated Governments of Northwest Colorado, spoke in opposition to the bill (Attachment B). He spoke to how the bill would divert revenue away from regions of the state that are impacted by development of energy resources.


02:07 PM

Mary Kay Hogan, Colorado Counties, Inc. (CCI), spoke in opposition to the bill as introduced. She indicated that if Section 3 of the bill were taken out of the bill, CCI would be neutral on the bill.


02:09 PM

Mike Braaten, Colorado Municipal League, spoke in opposition to the bill as introduced, reiterating the prior testimony of Ms. Hogan.


02:10 PM

Doug Robinson, Rocky Mountain Elk Foundation, spoke in support of the bill and in support of the expanded funding for land conservation programs.


02:12 PM

Stan Dempsey, Colorado Petroleum Association, spoke in opposition to the bill and to diverting severance tax revenues to land conservation. He spoke in opposition to diverting severance tax revenues for most purposes.

In response to a committee question, Representative Plant explained how severance tax trust fund revenue is allocated under current law


02:20 PM

Mark Vissering, Ducks Unlimited, spoke in support of the bill. He spoke to the land conservation efforts of Ducks Unlimited and to the lack of funding for such efforts.









02:24 PM

Will Shafroth, Colorado Conservation Trust, spoke in support of the bill. He reported on the demand for open space in Colorado and spoke to the degree to which HB 06-1378 would help meet the shortfall in funding for conservation of open space.


02:26 PM

John Swartow, GOCO, indicated that the GOCO board has taken no position on the bill. Mr. Swartow responded to a committee question with regards to how GOCO allocates grant funds under current law. Mr. Swartow indicated that the current funding provisions in the Colorado Constitution are separate from the granting mechanism outlined on page 3 of the bill. Mr. Swartow explained the different grant funding priorities for the various GOCO programs under current law. Mr. Swartow responded to additional committee questions regarding the balance between the use of severance tax revenues under current law and the need for more funding for open space as proposed by the bill.
BILL:HB06-1378
TIME: 02:39:38 PM
MOVED:Curry
MOTION:Prepared amendment L.001 (Attachment C). The motion carried without objection.
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
Massey
Merrifield
Soper
Stafford
Stengel
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1378
TIME: 02:43:42 PM
MOVED:Curry
MOTION:Prepared amendment L.003 (Attachment C). The motion carried without objection.
SECONDED:Merrifield
VOTE
Berens
Cerbo
Curry
Decker
Massey
Merrifield
Soper
Stafford
Stengel
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1378
TIME: 02:44:45 PM
MOVED:Curry
MOTION:Refer the bill to the Committee on Appropriations. The motion failed on a 5-6 roll call vote.
SECONDED:Merrifield
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
No
Massey
No
Merrifield
Yes
Soper
Yes
Stafford
No
Stengel
No
Lindstrom
No
Hodge
Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1378
TIME: 02:46:35 PM
MOVED:Stafford
MOTION:Postpone the bill indefinitely. The motion carried on a 7-4 roll call vote.
SECONDED:Decker
VOTE
Berens
Yes
Cerbo
No
Curry
No
Decker
Yes
Massey
Yes
Merrifield
No
Soper
Yes
Stafford
Yes
Stengel
Yes
Lindstrom
Yes
Hodge
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:47 PM -- Senate Bill 06-068

Representative Frangas, bill sponsor, explained the provisions of HB 06-068 regarding the transfer of liquor licenses. Representative Frangas responded to committee questions regarding the authority of local governments to transfer liquor licenses under current law.


02:54 PM

Zack Ford, Colorado Licensed Beverage Association, spoke in support of the bill. He spoke to the degree to which the bill interferes with the capacity to for property owners to sell property. He noted the association fears that the prospective proprietor would be rejected by neighbors who don't agree with how the new proprietor would want to run the business. Mr. Ford responded to a committee question noting that neighborhoods should provide input into the use of an establishment but not prior to establishing the new ownership of a property.


03:09 PM

Manual L. Martinez spoke in opposition to the bill. He spoke to his background in liquor license work for the City and County of Denver. He said the bill will apply to the transfer of every retail liquor license, not just those for taverns. He explained the hearing process by which neighborhoods provide input on issuing a liquor license and said the bill would create a whole new needs and desires license process any time a license is transferred. Additionally, licensing authorities now will be able to determine acceptable moral character. He explained that different jurisdictions handle license transfers differently since liquor licensing boards are formed differently from jurisdiction to jurisdiction, but that in Denver, a change in ownership of a property with a liquor license will require a new needs and desires hearing if only one person objects to the change in ownership.






03:26 PM

Mark Valente, Valente's Restaurant, Sanborn & Co., spoke in opposition to the bill. He spoke to how the bill will be detrimental to restaurant owners and sellers. He noted most transactions are conversions in that the establishment is turned from on concept to another (Italian restaurant to French restaurant) and he explained how any transfer of ownership would raise the specter of a needs and desires hearing, even if the transfer is between parents and children.


03:44 PM

Christine O'Donnell, Colorado Restaurant Association, spoke in opposition to the bill (Attachment E). She spoke to the transfer of licensing authority the bill would transfer from state law to local government entities such as liquor licensing boards. She explained how this will result in different standards being approved by the differing liquor licensing boards across the state.


03:47 PM

Max Scott, Oedipus, Inc., spoke in opposition to the bill. He indicated that some of his clients are multiple location larger retailers such as King Soopers and he indicated the bill would also affect connivence stores. He explained the requirements in Denver for various kinds of liquor licenses for different establishments.


03:53 PM

The chair noted that two members had left the meeting to go to precinct caucuses and the bill was taken off the table. The chair announced that witness testimony would continue when the bill was put back on the table and the committee adjourned.