House Committee on Local Government (02/22/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	02/22/2012	ATTENDANCE

Time:	09:46 AM to 11:23 AM	Balmer	X
		Conti	X
Place:		Fields	X
		Gardner B.	*
This Meeting was called to order by		Labuda	X
	Representative Bradford	Lee	X
		Pace	X
This Report was prepared by		Soper	X
	Raegan Robb	Swerdfeger	X
		Szabo	X
		Bradford	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1254 HB12-1244 HB12-1205		Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

09:47 AM

Representative Bradford, committee chair, called the meeting to order.

09:47 AM -- House Bill 12-1254

Representative Swerdfeger, prime sponsor, presented House Bill 12-1254, concerning the reallocation of the Conservation Trust Fund (CTF) to a metropolitan district that only provides parks and recreation services within the unincorporated area of a county. Representative Swerdfeger explained that the bill changes how moneys from the CTF are allocated. He discussed how the current distribution formula to metropolitan districts was not equal and explained that the bill changes the allocation from one-half percent to a larger percentage based on the population within a district compared to the total population of the unincorporated area of the county.

09:51 AM

Commissioner Jeff Chostner and Dan Kogovsek, representing Pueblo County, testified against the bill and discussed the distribution of CTF moneys to the City of Pueblo and Pueblo County. Commissioner Chostner explained that taxpayers within the City of Pueblo pay more taxes than taxpayers in the unincorporated areas of Pueblo County and distributed a handout to the committee showing the distribution of CTF moneys in Pueblo County (Attachment A).

10:03 AM

Commissioner Chostner and Representative Swerdfeger responded to questions from the committee concerning the distribution formula of CTF moneys and the use of CTF dollars by the City of Pueblo and by the Pueblo West Metropolitan District (PWMD) in Pueblo County.

10:09 AM

Jack Johnston, District Manager, PWMD, testified in support of the bill, explained the CTF distribution to the district, and discussed the need for the bill to provide more CTF dollars to all metropolitan districts in the state that provide parks and recreation services to unincorporated areas. He explained that requests by the PWMD for additional CTF funds from Pueblo County have been denied despite the county surplus of over $400,000 in unspent CTF dollars. Mr. Johnston addressed questions from the committee and distributed a letter of support for the bill from the PWMD (Attachment B).

10:20 AM

Carol Cosby, Director of Parks and Recreation, PWMD, testified in support of the bill, discussed the need for funding for more parks and recreation activities within the PWMD, and distributed a handout to the committee showing the parks and recreation facilities of the district (Attachment C).

10:25 AM

John Lisi, Board Member, PWMD, testified in support of the bill and discussed the population growth within the PWMD and the need for more CTF dollars to aide the district for park and recreation services.

10:28 AM

Kim Arline, representing herself, testified in support of the bill and discussed the need for improvements in Pueblo West for infrastructure and parks and recreation services.

10:32 AM

Jen Boulton, representing the Colorado Audubon Society, testified in support of the bill and discussed the need for fair distribution of CTF dollars to metropolitan districts that provide parks and recreation services. Ms. Boulton responded to questions concerning the reason for the current distribution formula of CTF dollars.

10:34 AM

Evan Goulding, representing the Special District Association, testified in support of the bill and talked about different types of districts that provide parks and recreation services.

10:37 AM

Bill Clayton, representing Colorado Counties, Inc., testified against the bill, talked about cases where counties and metropolitan districts share CTF dollars, and discussed the opt-out provision in the bill that allows a district entitled to a full distribution of CTF dollars to opt out and receive the one-half percent distribution as a regular special district.

10:38 AM

Representative Swerdfeger made closing comments on the bill and discussed prepared amendments L.002 (Attachment D) and L.001 (Attachment E). Committee discussion ensued concerning the need for the bill and the opt-out provision in the bill.


BILL:	HB12-1254
TIME:	10:39:32 AM
MOVED:	Swerdfeger
MOTION:	Moved amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Balmer
	Conti
	Fields
	Gardner B.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Szabo
	Bradford

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1254
TIME:	10:40:41 AM
MOVED:	Swerdfeger
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Balmer
	Conti
	Fields
	Gardner B.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Szabo
	Bradford

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1254
TIME:	10:48:02 AM
MOVED:	Swerdfeger
MOTION:	Moved to refer House Bill 12-1254, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-3.
SECONDED:	Soper
		VOTE
	Balmer	No
	Conti	No
	Fields	Yes
	Gardner B.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	No
	Bradford	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:49 AM

The committee stood in a brief recess.

10:54 AM

The committee returned from recess.

10:54 AM -- House Bill 12-1244

Representative Scott, prime sponsor, presented House Bill 12-1244, concerning an inventory of local governmental entities created by the Secretary of State (SOS), and specifying the information that must be included in the inventory. Representative Scott discussed situations which may require accessing contact information for local governments and explained that the bill directs the SOS to create an inventory of local governmental entities and provides for the information that must be included in the inventory. According to the bill, the inventory must be available electronically, but the SOS is required to charge a user fee to access the data related to agents authorized to receive notices of claims according to the "Colorado Governmental Immunity Act".

10:56 AM

Pat Ratliff, representing Colorado Counties, testified against the bill, explained that local governments are not corporations for the oversight of the SOS, and discussed a prepared amendment that may allow the Department of Local Affairs (DOLA) to maintain the inventory required under the bill.

10:58 AM

Eric Pizzuti, representing Coloradans For Legal Freedom, testified in support of the bill, discussed the need to comply with public notice requirements when a legal claim is filed against a local governmental entity, and talked about the need to access contact information for local government entities. Mr. Pizzuti discussed the need to clarify current law concerning an inventory of local governmental entities and the costs associated with public notice requirements.

11:04 AM

Jason Jordan, representing Coloradans For Legal Freedom, testified in support of the bill, talked about the need to clarify the process of filing a claim against local governmental entities, and discussed the need for an inventory of local governmental entities.

11:07 AM

Representative Scott distributed prepared amendment L.002 (Attachment F) and explained that the amendment places responsibility for implementation of the bill on DOLA instead of the SOS.

11:09 AM

Evan Goulding, representing the Special District Association, addressed the committee to discuss amendment L.002, explained the current transparency notice requirements for special districts with DOLA, and distributed a handout to the committee concerning transparency notice requirements for special districts (Attachment G).


BILL:	HB12-1244
TIME:	11:12:21 AM
MOVED:	Soper
MOTION:	Moved amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:	Pace
		VOTE
	Balmer
	Conti
	Fields
	Gardner B.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Szabo
	Bradford

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1244
TIME:	11:12:34 AM
MOVED:	Balmer
MOTION:	Moved to refer House Bill 12-1244, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Szabo
		VOTE
	Balmer	Yes
	Conti	Yes
	Fields	Yes
	Gardner B.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Bradford	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:15 AM

The committee stood in a brief recess.

11:15 AM

The committee returned from recess.

11:16 AM -- House Bill 12-1205

Representative Fields, prime sponsor, presented House Bill 12-1205, concerning the regulation of persons who engage in business related to persons with hearing impairments, and implementing the Department of Regulatory Agencies' (DORA) sunset review recommendations for audiologists and hearing aid providers. Representative Fields explained that the bill implements the recommendations of DORA in its sunset review of the state Audiology and Hearing Aid Provider Licensure Program, and continues the licensure of audiologists and hearing aid providers until September 1, 2019. Committee members received an unofficial preamended version of the bill (Attachment H) and prepared amendment L.008 (Attachment I).

11:120 AM

The Department of Regulatory Agencies submitted a handout to the committee concerning facts about the bill (Attachment J).


BILL:	HB12-1205
TIME:	11:22:03 AM
MOVED:	Fields
MOTION:	Moved amendment L.008 (Attachment I). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Balmer
	Conti
	Fields
	Gardner B.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Szabo
	Bradford

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1205
TIME:	11:22:33 AM
MOVED:	Fields
MOTION:	Moved to refer House Bill 12-1205, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:	Swerdfeger
		VOTE
	Balmer	No
	Conti	Yes
	Fields	Yes
	Gardner B.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Bradford	Excused

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:23 AM

The committee adjourned.