Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:02/14/2006
ATTENDANCE
Time:01:30 PM to 04:06 PM
Berens
X
Cerbo
*
Place:HCR 0112
Curry
X
Decker
*
This Meeting was called to order by
Massey
X
Representative Hodge
May M.
X
Merrifield
*
This Report was prepared by
Soper
*
Carl Jarrett
Stafford
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1242
HB06-1268
HB06-1253
HB06-1304
HB06-1254
HB06-1250		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Postponed Indefinitely
Referred to Appropriations
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:31 PM -- House Bill 06-1242

Representative Benefield, bill sponsor, explained the provisions of HB 06-1242 to extend the repeal date for the filing and recording surcharge collected by clerk and recorders





















01:33 PM

Scott Doyle, County Clerk's Association of Colorado, spoke in support of the bill.
BILL:HB06-1242
TIME: 01:35:05 PM
MOVED:Lindstrom
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 9-1-1 roll call vote.
SECONDED:Berens
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
No
Massey
Yes
May M.
Yes
Merrifield
Excused
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:37 PM -- House Bill 06-1268

Representative Riesberg, bill sponsor, provided an explanation of the provisions of HB 06-1268 regarding the right of cemeteries to reclaim abandoned grave sites. He clarified that when individuals purchase a plot, they are purchasing the right to be buried in that plot but they are not purchasing a property right. He indicated the problems cemeteries are facing that point to the need for the bill. He spoke to estimates from cemeteries on the numbers of grave sites this bill would open. Representative Riesberg responded to a committee question about why this property is not treated as other unclaimed property through the unclaimed property program in the state treasurer's office. Representative Riesberg also responded to committee questions regarding whether cemetery plots are, or are not, deeded property. Representative Riesberg also responded to questions regarding the adequacy of the 75-year time period the bill specifies cemeteries must wait before beginning the process to have the site declared abandoned. In response to a committee question regarding the "double billing" for cemetery plots that are declared abandoned and then resold, Representative Riesberg spoke to the costs of upkeep for cemeteries. Representative Riesberg also responded to committee questions regarding notification to individuals who have moved to another state since purchasing the plot and regarding the effective date of the bill.













02:02 PM

Barbara Eastin, Colorado Association of Cemeteries, spoke in support of the bill. She indicated that years ago, families purchasing preened plots were required to buy plots for everyone in the family and single plots were not sold. Such plots were perhaps sold for $5 to $10 each, particularly those sold in the early 1900s. In the 1960s, the endowment care statute was passed to require that 15% of the cost of a plot be placed in an endowment care fund for the care and maintenance of the plot. Ms. Eastin indicated that Fort Collins, Golden, and Colorado Springs have enacted legislation similar to that proposed in this bill (the time period is 50 years in Fort Collins and Golden, and 100 years in Colorado Springs). Golden enacted the legislation in 1953 and claimed the first plot in 1983. Since 1983, Golden has reclaimed 1,400 plots. Golden has only had two people initially ask to retain their property but eventually sign the property back over to the cemetery. Ms. Eastin responded to a committee question regarding the care and maintenance of Riverside Cemetery in Denver. Ms. Eastin also responded to committee questions regarding historical costs and current costs of cemetery plots at Fairmont Cemetery. Ms. Eastin clarified, in response to a committee question, that individuals who purchase a plot do not own a piece a property but own a right to be interred and therefore the plot cannot be subject to the unclaimed property laws. Ms. Eastin responded to numerous other committee questions.


02:33 PM

Phil Carpenter, Colorado Association of Cemeteries, spoke in support of the bill. He indicated he can reclaim 1,446 graves under the bill's provisions. He provided similar information for other graves in Fort Collins, Golden, and Colorado Springs. He indicated at his cemetery he puts 30 percent of his sales in his endowment care fund.


02:37 PM

Representative Riesberg provided closing comments on the bill.
BILL:HB06-1268
TIME: 02:39:18 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
No
Cerbo
Yes
Curry
Yes
Decker
Yes
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





02:44 PM -- House Bill 06-1253

Representative Sullivan, bill sponsor, explained that, because of problems with the way the bill has been drafted, he is asking the bill be postponed indefinitely.
BILL:HB06-1253
TIME: 02:45:52 PM
MOVED:Stafford
MOTION:Postpone the bill indefinitely. The motion carried on an 8-2-1 roll call vote.
SECONDED:Massey
VOTE
Berens
No
Cerbo
Excused
Curry
Yes
Decker
Yes
Massey
Yes
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:47 PM -- House Bill 06-1304

Representative Sullivan, bill sponsor, explained that HB 06-1304 addresses the issue of contributions to volunteer firefighter pension funds in municipalities of population less than 100,000, fire protection districts, and county improvement districts. Fire protection districts do not collect property taxes and some have been funded from other sources without statutory authorization.


02:49 PM

Barbara Kirkmeyer, Department of Local Affairs, explained the provisions of the bill to fund volunteer firefighter pension funds from sources other than property taxes. She explained how the contributions would be made from the newly allowed sources and provided calculations of the amount of such contributions under the bill's provisions. Ms. Kirkmeyer responded to committee questions regarding the other types of taxes that would be used as sources for contributions and regarding how the bill fits in with the passage of Referendum C.


03:02 PM

Mike Middleton, Steamboat Springs Volunteer Fire Department, spoke in support of the bill. He spoke to the problems current law has caused for funding the Steamboat Springs volunteer fire department's pension fund.






03:05 PM

Jay Muhme, Steamboat Springs Volunteer Fire Department, spoke in support of the bill. He provided background on the funding of the fire department pension fund in Steamboat Springs.


03:08 PM

Art Morales, Chief, Castle Rock Fire Department, spoke in support of the bill. He spoke to the funding of his department's pension fund and to how using those funds to purchase equipment became a problem when it was determined that funding from sources without statutory authorization would no longer be allowed.


03:10 PM

Representative Sullivan provided closing comments on the bill.
BILL:HB06-1304
TIME: 03:11:49 PM
MOVED:Stafford
MOTION:Refer the bill to the Committee on Appropriations. The motion carried on an 11-0 roll call vote.
SECONDED:Berens
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
Yes
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:14 PM -- House Bill 06-1254

Representative Cerbo, bill sponsor, provided an explanation of the provisions of HB 06-1254 that make changes to the laws regarding joint tenancy instruments and death. The bill also deletes the concept of tenancy by the entirety in the state of Colorado.









03:17 PM

Diane Davies, Colorado Bar Association, spoke in support of the bill (Attachment A). She provided an explanation of the concept of tenancy by the entirety which, in essence, did not allow women to hold property and gave property rights to the husband, in a marriage, in the entirety. She clarified that the bill declares that any tenancy in the entirety that was created prior to the bill's effective date is presumed to be a joint tenancy. She also provided an explanation of the provisions of the bill regarding joint tenancy when one of the co-trustees in joint tenancy dies. Ms. Davies responded to committee questions.


03:30 PM

Representative Cerbo provided closing comments on the bill.
BILL:HB06-1254
TIME: 03:33:18 PM
MOVED:Cerbo
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 10-1 roll call vote.
SECONDED:Massey
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:34 PM -- House Bill 06-1250

Representative Lindstrom, bill sponsor, provided an explanation of the provisions of HB 06-1250 that increase the fine for ski-related violations. The bill is in response to skiers who ski out of bounds and then require extensive rescue operations from county sheriffs departments and search and rescue units. Committee members discussed the need for requiring individuals who are the subjects of searches to pay for search and rescue operations.

03:45 PM

Derek Woodman, County Sheriffs of Colorado, spoke in support of the bill. He spoke to the number of ski violations per year in Summit County and he explained that search and rescue units are not allowed to seek reimbursement when criminal offenses are involved. In other instances, reimbursement funds are available through grants from the Department of Local Affairs. Sheriff Woodman responded to committee questions regarding how fines are collected and distributed by courts.


Representative Lindstrom explained that a portion of fees that are collected for fishing licenses and all-terrain vehicle licenses, for instance, are made available in the form of grant funds for sheriffs and search and rescue teams in order to recover some of the costs of such rescue efforts.



03:57 PM

Chuck Tolton, Colorado Ski Country, USA, spoke in support of the bill. He indicated the current fine was set in 1979 and he spoke to the changes in ski offenses and in the ski industry since that time. He indicated that in one recent case, the lost individual was ordered to reimburse the search and rescue unit including $1,000 for a flight-for-life flight to a hospital. In addition, sheriffs have requested that search and rescue teams submit bills for their efforts in ski rescues.


04:04 PM

Representative Lindstrom provided closing comments on the bill.
BILL:HB06-1250
TIME: 04:05:24 PM
MOVED:Lindstrom
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:Merrifield
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
Yes
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:06 PM

The meeting was adjourned