Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:02/07/2006
ATTENDANCE
Time:02:01 PM to 05:46 PM
Berens
X
Cerbo
*
Place:HCR 0112
Curry
X
Decker
X
This Meeting was called to order by
Massey
*
Representative Hodge
May M.
X
Merrifield
*
This Report was prepared by
Soper
X
Carl Jarrett
Stafford
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1085
HB06-1159
HB06-1183
HB06-1165
HB06-1181
HB06-1155		Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Postponed Indefinitely


02:03 PM -- House Bill 06-1085

Representative Garcia, bill sponsor, re-introduced HB 06-1085 that expands the purposes for which moneys in the building regulation fund can be used. He provided an explanation of prepared amendment L.001 (Attachment A). The bill was put on the table for action.


















BILL:HB06-1085
TIME: 02:03:37 PM
MOVED:Stafford
MOTION:Prepared amendment L.001 (Attachment A). The motion carried without objection.
SECONDED:Lindstrom
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1085
TIME: 02:04:44 PM
MOVED:Curry
MOTION:Refer the bill to the Committee on Appropriations. The motion carried on an 11-0 roll call vote.
SECONDED:Stafford
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


02:07 PM -- House Bill 06-1159

Representative Paccione, bill sponsor, provided an explanation of the provisions of HB 06-1159 prohibiting "forced" annexations. She explained the provisions of prepared amendment L.001 to the bill (Attachment B) and responded to committee questions regarding any specific incidents or situations driving the need for the bill. She explained that her intent is to provide for public input during annexation proceedings in a meaningful way.




02:20 PM

Tess Heffernan, City of Fort Collins, spoke in support of the bill. She agreed with the premise that enclave residents should have a voice in the annexation process in a timely manner. She explained the intent of forming transition committees as proposed in the bill. Ms. Heffernan responded to a committee question regarding notification and participation of enclave residents in prior Fort Collins annexations.


02:25 PM

Sandra Robbins spoke in support of the bill. She described the enclave in which she lives which is in unincorporated Larimer County with a Fort Collins address. She explained that individuals living within a certain distance must be notified of annexation proceedings under current law but that because of the size of the enclave in which she lives, she does not receive notification. In addition, because enclave inhabitants are county residents, they have no representation on the city council. She explained how the management of her property and use of utilities will change if her enclave is annexed and she expressed frustration that she is not able to participate fully in proceedings on annexation.


02:36 PM

John Cockson spoke in support of the bill. He spoke to the lack of a process for participation by residents in proceedings to annex the enclave in which he lives. He indicated there are three forced annexations in process in Fort Collins right now. In response to committee questions, Mr. Cockson indicated there are about 3,000 residents living in his enclave.


02:49 PM

Karen Rose spoke in support of the bill indicating she is a resident of unincorporated Larimer County with a Fort Collins address (Attachment C). She responded to a committee question regarding the status of a current annexation proceeding. She spoke to prior testimony alluding to pressure from lobbyists on this bill and indicated that the bill her group originally requested was not drafted because her group was told that lobbyists representing municipalities would have the bill killed. She reiterated prior testimony regarding the lack of representation on the city council.


03:00 PM

Neil Hurst, Citizens Against Forced Annexation, Fossil Creek Meadows Homeowners Association, spoke in support of the bill. He reiterated prior testimony regarding the lack of county enclave resident representation on the Fort Collins City Council and the lack of any requirement that the viewpoints of those residents be taken into consideration during annexation proceedings.












03:05 PM

Lynn Colter, Citizens Against Forced Annexation, spoke in support of the bill. She reiterated prior testimony regarding the concentration of power at the municipal government level and she provided further detail on the limited input county residents are allowed to provide at city council meetings. She additionally spoke to the lack of any response to that input. Ms. Colter provided more detail on the proceedings in Fort Collins. Committee members suggested Ms. Colter contact the news media and the attorney general with her group's complaints.


03:16 PM

Steve Sydes spoke in support of the bill. He reiterated prior testimony advocating the need for participation and a decision-making voice in annexation proceedings.


03:21 PM

Sam Mamet, Colorado Municipal League, indicated the league has not taken a position on the bill. He clarified that "forced" annexations are provided for in Section 2 of Article 30 of the Colorado constitution pursuant to an initiated measure approved by the voters of Colorado. He indicated that when first submitted to municipalities for comment, many municipalities questioned whether the bill addresses a matter of statewide concern or whether the bill addresses a local dispute.
BILL:HB06-1159
TIME: 03:26:16 PM
MOVED:Hodge
MOTION:Prepared amendment L.001 (Attachment B) as amended. The motion carried without objection.
SECONDED:Lindstrom
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1159
TIME: 03:29:34 PM
MOVED:May M.
MOTION:Amend prepared amendment L.001, page 1, line 12 strike "BE". The motion carried without objection.
SECONDED:Stafford
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1159
TIME: 03:30:20 PM
MOVED:Curry
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 6-5 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
No
Hodge
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:39 PM -- House Bill 06-1183

Representative Berens, bill sponsor, provided an explanation of the bill's provisions regarding land surveyors. He indicated the changes are technical in nature. He spoke to a proposed amendment to the bill (Attachment D).




03:42 PM

Ron Perkins, Professional Land Surveyors of Colorado, spoke in support of the bill. He provided background into the changes the bill proposes.


03:44 PM

Doyle Abrahamson, Professional Land Surveyors of Colorado, spoke in support of the bill and the proposed prepared amendment.
BILL:HB06-1183
TIME: 03:47:14 PM
MOVED:Berens
MOTION:Prepared amendment L.002 (Attachment D). The motion carried without objection.
SECONDED:Stafford
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1183
TIME: 03:48:08 PM
MOVED:Berens
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 10-0-1 roll call vote.
SECONDED:Lindstrom
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
Excused
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:49 PM -- House Bill 06-1165

Representative Hodge, bill sponsor, provided an explanation of the provisions of HB 06-1165 regarding the powers of local governments to declare quiet zones at railroad crossings.


03:52 PM

John Bramble, City of Brighton, Colorado Municipal League, spoke in support of the bill. He explained the process by which municipalities can, pursuant to federal law, declare certain railroad crossings quiet zones, and to how the bill will allow, via improvement special districts, quiet zones to be financed. He explained the various ways railroad quiet zones are accomplished.
BILL:HB06-1165
TIME: 03:59:15 PM
MOVED:Hodge
MOTION:Prepared amendment L.001 (Attachment E). The motion carried without objection.
SECONDED:Berens
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1165
TIME: 04:00:08 PM
MOVED:Hodge
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 10-0-1 roll call vote.
SECONDED:Decker
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
Excused
Soper
Yes
Stafford
Yes
Lindstrom
Yes
Hodge
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
In response to a committee question regarding how crossing arms operate when the electricity is out, Mr. Bramble indicated the arms are triggered by the approaching movement of the train.


04:05 PM -- House Bill 06-1181

Representative Cerbo, bill sponsor, provided an explanation of the changes HB 06-1181 makes to the statute known as the 'pleasure of the sheriff' statute. He indicated that many of the changes are to provisions that are arcane, outdated, and impractical.


04:08 PM

Sheriff Jim Alderden, County Sheriffs of Colorado, spoke in support of the bill. He indicated that all of the state's county sheriffs unanimously support the bill.


04:10 PM

Sheriff Doug Darr, County Sheriffs of Colorado, spoke in support of the bill. He spoke to SB 05-234 making similar changes last year and to the reasons the sheriffs opposed that bill. He also spoke to the work of the sheriffs and the Fraternal Order of Police to come to compromise on this bill. Sheriff Darr responded to committee questions regarding the need for a bond under current law and the liability of sheriffs for the actions of their deputies.











04:16 PM

Hal Warren, Adams County Sheriffs Office, responded to prior questions regarding the liability of sheriffs for the actions of their deputies. He also explained that the portion of the bill that subjects sheriffs to damages in relation to a writ of process was deleted due to double jeopardy concerns since there is a fine attached as well.


04:19 PM

Mike Prange, Fraternal Order of Police, spoke in support of the bill.


04:21 PM

J.D. Cordova, Fraternal Order of Police, spoke in support of the bill.
BILL:HB06-1181
TIME: 04:25:44 PM
MOVED:Cerbo
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:Soper
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


04:28 PM -- House Bill 06-1155

Representative Gardner, bill sponsor, explained the provisions of HB 06-1155 which provide a process by which a private business can receive tax breaks when a finding is made that a government agency has been providing services in competition with the private business (Attachment F). Representative Gardner responded to committee questions regarding the kinds of businesses being hurt by competing government operations. In response to a committee question regarding the effect the bill would have on the Division of Correctional Industries in the Department of Corrections, and the effect of the loss of sales tax revenue on localities, Representative Gardner noted he would have an amendment to address this issue. Representative Gardner also responded to committee questions regarding the fiscal note and regarding the bill's effect on state revenues. Representative Gardner responded to numerous committee questions regarding governmental entities and whether or not they are in competition with private enterprise.





04:51 PM

Sam Mamet, Colorado Municipal League, spoke in opposition to the bill. He spoke to ongoing efforts by the municipal league to look at ways in which government services can be contracted out to private entities and the degree to which such contracting already exists. He questioned the practical impacts of implementing the bill's provisions.


05:00 PM

Tony Gagliardi, National Federation of Independent Businesses, spoke in support of the bill. He provided statistics on the number of small businesses in the state and the number of individuals employed by those businesses. He spoke to the degree to which outside competition affects the profitability of small businesses. In response to a committee comment, Mr. Gagliardi suggested the definition of "local government" on page 3, line 15 of the bill, be amended to include special districts. Mr. Gagliardi responded to committee questions on examples of government services that can be privatized.


05:17 PM

Douglas Moore, American Medical Response, spoke in support of the bill. He spoke to the degree to which government ambulance services compete with private services. He described his company's operations and spoke to his company's accreditations and certifications.


05:24 PM

Andre Ransom, Colorado Child Care Association, spoke in support of the bill. She spoke to the degree to which government unfairly competes with private child care facilities. She compared the costs for private entities to provide child care services with the cost for government to provide those same services.


05:29 PM

Donnah Moody, Colorado Association of Commerce and Industry, spoke in support of the bill. She spoke, in particular, to the degree to which the bill eliminates the tax burden on private businesses.


05:32 PM

Bruce Nelson, Colorado Department of Revenue, responded to a committee question regarding the fiscal impact of the bill speaking to the difficulty in quantifying the bill's impact. Mr. Nelson spoke to the degree to which nonprofit entities pay taxes other than income tax.











BILL:HB06-1155
TIME: 05:39:15 PM
MOVED:May M.
MOTION:Prepared amendment L.002 (Attachment H). The motion failed on a 4-6-1 roll call vote.
SECONDED:Berens
VOTE
Berens
Yes
Cerbo
No
Curry
No
Decker
Yes
Massey
Yes
May M.
Yes
Merrifield
No
Soper
No
Stafford
Excused
Lindstrom
No
Hodge
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


05:40 PM

Representative Gardner provided closing comments on the bill.

Representative Lindstrom recommended that Representative Gardner propose an interim committee on this issue.
BILL:HB06-1155
TIME: 05:45:22 PM
MOVED:May M.
MOTION:Refer the bill to the Committee of the Whole. See substitute motion below.
SECONDED:Berens
VOTE
Berens
Cerbo
Curry
Decker
Massey
May M.
Merrifield
Soper
Stafford
Lindstrom
Hodge
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: SEE SUBSTITUTE MOTION
BILL:HB06-1155
TIME: 05:45:37 PM
MOVED:Curry
MOTION:Substitute motion to postpone the bill indefinitely. The motion carried on a 6-4-1 roll call vote.
SECONDED:Merrifield
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
No
Massey
No
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
Excused
Lindstrom
Yes
Hodge
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


05:46 PM

The meeting was adjourned.