Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT

Date:03/21/2006
ATTENDANCE
Time:02:06 AM to 03:27 PM
Bacon
X
Entz
X
Place:SCR 353
Jones
E
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:
HB06-1085
HB06-1165
HB06-1183
HB06-1268		Referred to Appropriations
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


02:06 PM -- House Bill 06-1085

Senator Entz, prime sponsor, introduced HB06-1085, which expands the purposes for allocating the Building Regulation Cash Fund. Senator Entz explained that this bill was proposed by the Department of Local Affairs and the Division of Housing.


02:09 PM

Steve Bernia, Code Section Manager, Division of Housing, testified in support of HB06-1085 and explained that this bill was proposed by the division to benefit consumers and everyone attached to the manufactured home industry.


02:12 PM

Larry Weber, Rocky Mountain Home Association, testified in support of HB06-1085 and explained that this program is needed and will be provided by the Division of Housing. Mr. Weber addressed questions from the committee regarding the state Division of Housing.









02:15 PM

Senator Entz entered closing comments.
BILL:HB06-1085
TIME: 02:16:10 PM
MOVED:Entz
MOTION:Refer HB06-1085 to the Committee on Appropriations. The motion passed on a 6-0-1 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Yes
Jones
Excused
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:17 PM -- House Bill 06-1165

Senator Tapia, prime sponsor, explained HB06-1165, which allows local governments to create districts for the purpose of creating quiet zones in residential areas near railroads.


02:19 PM

John Bramble, City of Brighton and the Colorado Municipal League, testified in support of HB06-1165 and explained that the bill does not automatically create quiet zones or increase taxes in such districts, but it will allow local governments the financial mechanisms to create quiet zones according to federal codes. Mr. Bramble explained that the City of Brighton, like many communities in Colorado, has several neighborhoods which are in need of railroad quiet zones. He explained how a community goes about making improvements towards creating railroad quiet zones. Mr. Bramble addressed questions regarding the minimum length requirements, safety measures, and safety devices of railroad quiet zones.

















02:30 PM

Senator Tapia, entered closing comments.
BILL:HB06-1165
TIME: 02:30:22 PM
MOVED:Tochtrop
MOTION:Move HB06-1165 to the Committee of the Whole with the recommendation that it be placed on the Consent Calendar. Motion passed on a 5-0-2 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Excused
Jones
Excused
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


02:32 PM -- House Bill 06-1183

Senator Tapia, prime sponsor, explained that this bill is a clean-up bill that requires a surveyor to provide evidence in order to replace surveying monuments. Senator Tapia explained what a surveying monument is and the purposes that they serve.


02:37 PM

Ron Perkins, Professional Land Surveyors of Colorado, testified in support of the bill and explained that he was part of the committee which produced HB06-1183 and explained that this bill will allow surveyors to correct inaccuracies from past surveying practices.


02:41 PM

Doyle Abrahamson, citizen, testified in support of HB06-1183 and explained that the wording from previous legislation was confusing and that this bill will clarify this language to the agreement of professional land surveyors throughout the state.













02:46 PM

Senator Tapia entered closing comments on HB06-1183.
BILL:HB06-1183
TIME: 02:49:07 PM
MOVED:Tochtrop
MOTION:Move HB06-1183 to the Committee of the Whole with the recommendation that it be placed on the Consent Calendar. The motion passed on a 5-0-2 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Excused
Jones
Excused
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


02:50 PM -- House Bill 06-1268

Senator Bacon, prime sponsor, explained that this bill will allow cemeteries to reclaim title to lots or crypts where no remains have been interred for at least 75 years. Senator Bacon explained that this bill was amended in the House and will be re-amended to return to its original form to prevent the large fiscal impact that resulted from the House amendment. Senator Bacon addressed questions regarding the ownership of cemetery lots.


02:58 PM

Barbara Eastin, Colorado Association of Cemeteries, testified in support of HB06-1268 and explained that cemeteries need the ability to reclaim lots that have been inactive for 75 years. Ms. Eastin explained that many cemeteries throughout the state have become landlocked and need to utilize spaces that have not been active for 75 years and that burials are decreasing in the state leaving cemeteries with falling revenues. She explained that cemeteries will implement some due diligence to ensure that they are not reclaiming cemetery lots to which individuals have a legitimate claim. Ms. Eastin addressed questions from the committee regarding the holding capacity of cemeteries, cemetery funding, and veterans cemeteries -- which are national cemeteries with different methods of reclamation.














03:12 PM

Phil Carpenter, Colorado Association of Colorado Cemeteries, testified in support of HB06-1268 and explained that this bill will primarily help municipal and district cemeteries to extend the use of their property without developing bordering property. Mr. Carpenter explained that cemetery care is largely subsidized by municipalities or districts and spoke to the needs of cemeteries, throughout the state, that will benefit from this bill. Mr. Carpenter also spoke to the different procedures and regulations that different cemeteries have throughout the state.


03:21 PM

Senator Bacon entered closing comments and explained the prepared amendments.
BILL:HB06-1268
TIME: 03:23:15 PM
MOVED:Bacon
MOTION:Move prepared Amendment L.006 (Attachment A). Senator Bacon explained that this amendment will eliminate the requirement that cemeteries report abandoned lots to the State Treasurer and changes the time frame for lot owners to contact the cemetery in order to retain rights and title to the lot. Motion passed without objection.
SECONDED:
VOTE
Bacon
Entz
Excused
Jones
Excused
Kester
Tochtrop
Groff
Hanna
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1268
TIME: 03:24:09 PM
MOVED:Bacon
MOTION:Move prepared amendment L.007 (Attachment B). Senator Bacon explained that this amendment clarifies that cemeteries shall not convey title to the real property of a lot for use as a burial space and instead shall grant interment rights to cemetery lots. Motion passed without objection.
SECONDED:
VOTE
Bacon
Entz
Excused
Jones
Excused
Kester
Tochtrop
Groff
Hanna
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1268
TIME: 03:25:19 PM
MOVED:Bacon
MOTION:Move prepared amendment L.008 (Attachment C). Senator Bacon explained that this amendment allows a person who have a legitimate claim to a cemetery lot that has been reclaimed to be compensated with an equal plot. Motion passed without objection.
SECONDED:
VOTE
Bacon
Entz
Excused
Jones
Excused
Kester
Tochtrop
Groff
Hanna
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:HB06-1268
TIME: 03:26:59 PM
MOVED:Bacon
MOTION:Move HB06-1268 to the Committee of the Whole. The motion passed on a 5-0-2 roll call vote.
SECONDED:
VOTE
Bacon
Yes
Entz
Excused
Jones
Excused
Kester
Yes
Tochtrop
Yes
Groff
Yes
Hanna
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


03:27 PM

The meeting adjourned.