Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT

Date:02/07/2006
ATTENDANCE
Time:02:06 PM to 03:30 PM
Bacon
X
Entz
X
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:
SB06-068
SB06-160
HB06-1087		Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole


02:06 PM -- Senate Bill 06-068

Senator Sandoval, prime sponsor, presented her bill to the committee. The Senator presented a handout from the Colorado Department Revenue's Division of Liquor/Tobacco Enforcement regarding changing, altering, or modifying liquor licenses in Colorado (Attachment A). The senator explained that this bill will allow local municipalities to have more control over the transfer of liquor licenses. The Senator referred to prepared amendment L.001 (Attachment B) which eliminated a section of the bill, and addressed the legal clause defining "good moral character." Senator Sandoval spoke to the state liquor code explaining that the State Division of Liquor/Tobacco Enforcement should allow the control and enforcement of liquor license transfers on the local level. Senator Sandoval responded to committee questions.


02:13 PM

Chuck Ford, Colorado Licensed Beverage Association, testified against this bill. Mr. Ford stated that state laws do and should control liquor laws and local governments do not need any additional authority to transfer liquor licenses on the local level through local ordinances. Any changes to liquor laws should be made in state statutes, not in municipal ordinances. Mr. Ford addressed questions from the committee concerning state laws regarding the terms and conditions for transferring of liquor licenses throughout the state.










02:23 PM

Peter Meersman, Colorado Restaurant Association, testified against the bill and spoke against the ability for liquor licenses to be controlled at the local level according to the needs and desires of local communities. Mr. Meersman noted that local control would allow stricter control of liquor license transfers and municipalities could place restrictions on a transfer applicant before approving a liquor license transfer. Mr. Meersman voiced concern that this bill will place limitations on the lawful use of properties. Mr. Meersman addressed questions from the committee regarding local control of liquor licenses and establishing specific terms and conditions against license applicants.

Senator Sandoval addressed questions from the committee and referenced prepared amendment L.002 (Attachment C) which addresses the terms and conditions for the transfer of liquor licenses. Mr. Meersman responded to questions and concerns from the committee.


02:44 PM

Judy Montero, Councilwoman, Denver Council District 9, spoke in favor of the bill. Councilwoman Montero informed the committee that local bodies can only deny a liquor request according to the character, record, and reputation, of an applicant. Councilwoman Montero stressed that local governments need to objectify the criteria for the transfer of a license when a property is sold. Councilwoman Montero and Senator Sandoval responded to questions from the committee regarding the local oversight of liquor license transfer.


02:53 PM

Kevin Bommer, Colorado Municipal League, clarified some of the legal questions that surfaced during committee discussion.


02:59 PM

Richard Kisseberth, Co-Chair, Capitol Hill United Neighborhood, testified in support of the bill stating the bill would give more control to the local communities to control the transfer of liquor licenses on more substantial assurances than just "good moral character." Mr. Kisseberth addressed questions and comments from the committee regarding the process of hearings to transfer liquor licenses.


03:08 PM

Peter Meersman, Colorado Restaurant Association, re-addressed the committee to clarify questions, which surfaced in previous discussion. Senator Sandoval responded to comments from Mr. Meersman and the committee.












03:10 PM

Senator Sandoval entered closing comments on her bill and presented prepared amendments L.001 (Attachment B) and L.002 (Attachment C).
BILL:SB06-068
TIME: 03:12:10 PM
MOVED:Tochtrop
MOTION:To adopt prepared amendment L.001 (Attachment B). Motion passed without objection.
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:SB06-068
TIME: 03:12:38 PM
MOVED:Tochtrop
MOTION:To adopt prepared amendment L.002 (Attachment C), as amended. Motion passed without objection.
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:SB06-068
TIME: 03:14:12 PM
MOVED:Tochtrop
MOTION:Move SB06-068 to the Committee of the Whole. The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
No
Jones
No
Kester
No
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:17 PM -- Senate Bill 06-160

Senator Isgar, prime sponsor of the bill, cited a 2005 Audit Committee bill regarding recommended changes to the appointment structure of the Joint Board of Retirement for county and municipal employees. Senator Isgar explained that these changes are addressed in his bill, which requires two members of the Joint Board of Retirement to be nonelected county employees who are participating in the retirement plan or system. The bill also requires that one of these board members be a resident of the western slope of the continental divide and the other a resident of the eastern slope of the continental divide.


03:19 PM

Jacob Kayper, Executive Director, Colorado County Officials and Employees Retirement Association, introduced himself to the committee and offered to answer any questions from the committee. There were no questions for Mr. Kayper.
BILL:SB06-160
TIME: 03:20:58 PM
MOVED:Kester
MOTION:Move SB06-160 to the Committee of the Whole with the recommendation that it be placed on the Consent Calendar. Motion passed on a 6-0-1 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Yes
Jones
Yes
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Excused
Not Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS






03:24 PM -- House Bill 06-1087

Senator Isgar, prime sponsor, presented his bill to the committee and explained that this bill will reclassify Montezuma County from a category IV county to a category III county. Senator Isgar provided two handouts (Attachment D and Attachment E) comparing the population and assessed value of Montezuma County to other category IV counties. The Senator explained that a local resolution was passed by the Montezuma County Commissioners to reclassify Montezuma County. Senator Isgar addressed questions from the committee concerning Montezuma County and the proposed reclassification.


03:28 PM

Isgar entered closing comments on his bill and requested favorable recommendation by the committee.
BILL:HB06-1087
TIME: 03:28:59 PM
MOVED:Entz
MOTION:Move HB06-1087 to the Committee of the Whole with the recommendation that it be placed on the Consent Calendar. Motion passed on a 6-0-1 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Yes
Jones
Yes
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Excused
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:30 PM

The meeting adjourned.