Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:02/27/2012
ATTENDANCE
Time:01:30 PM to 03:09 PM
Balmer
X
Conti
X
Place:HCR 0111
Fields
E
Gardner B.
*
This Meeting was called to order by
Labuda
X
Representative Bradford
Lee
X
Pace
*
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:
HB12-1062
HB12-1239		Postponed Indefinitely
Amended, Referred to the Committee of the Whole


01:30 PM

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


01:30 PM -- House Bill 12-1062

House Bill 12-1062 was taken up by the committee for action only. The bill was heard by the committee and laid over on Monday, February 6. Representative Barker, prime sponsor of House Bill 12-1062, explained the prepared amendments to the bill. The committee members received prepared amendments L.001 (Attachment A), L.005 (Attachment B), and L.006 (Attachment C).

HseLocal0227AttachA.pdf HseLocal0227AttachB.pdf

HseLocal0227AttachC.pdf













BILL:HB12-1062
TIME: 01:34:20 PM
MOVED:Soper
MOTION:Moved amendment L.001 (Attachment A). The motion passed on a vote of 6-3, with 2 excused.
SECONDED:Conti
VOTE
Balmer
Yes
Conti
Yes
Fields
Excused
Gardner B.
Yes
Labuda
No
Lee
No
Pace
Excused
Soper
No
Swerdfeger
Yes
Szabo
Yes
Bradford
Yes
YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB12-1062
TIME: 01:36:07 PM
MOVED:Conti
MOTION:Moved amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:Soper
VOTE
Balmer
Conti
Fields
Gardner B.
Labuda
Lee
Pace
Soper
Swerdfeger
Szabo
Bradford
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection






BILL:HB12-1062
TIME: 01:36:58 PM
MOVED:Conti
MOTION:Moved amendment L.006 (Attachment C ). The motion passed without objection.
SECONDED:Lee
VOTE
Balmer
Conti
Fields
Gardner B.
Labuda
Lee
Pace
Soper
Swerdfeger
Szabo
Bradford
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

































01:39 PM

Representative Barker made final comments on the bill.
BILL:HB12-1062
TIME: 01:41:10 PM
MOVED:Pace
MOTION:Moved to refer House Bill 12-1062, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-6, with 1 excused.
SECONDED:Lee
VOTE
Balmer
No
Conti
No
Fields
Excused
Gardner B.
No
Labuda
Yes
Lee
Yes
Pace
Yes
Soper
Yes
Swerdfeger
No
Szabo
No
Bradford
No
YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL

























BILL:HB12-1062
TIME: 01:42:10 PM
MOVED:Szabo
MOTION:Moved to postpone House Bill 12-1062 indefinitely. The motion passed on a vote of 6-4, with 1 excused.
SECONDED:Gardner B.
VOTE
Balmer
Yes
Conti
Yes
Fields
Excused
Gardner B.
Yes
Labuda
No
Lee
No
Pace
No
Soper
No
Swerdfeger
Yes
Szabo
Yes
Bradford
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:45 PM -- House Bill 12-1239

Representative Vaad, prime sponsor, presented House Bill 12-1239, concerning the amount of approval required for certain special district actions. He explained that the bill allows anyone who owns property within an existing or proposed service area of a special district to vote in special district elections. The bill also requires approval from a board of county commissioners before a special district can expand its service area into the county and also increases the percentage of electors required to organize a metropolitan district. Representative Vaad discussed the need to amend the bill and distributed a strike-below amendment, L.001, (Attachment D).

HseLocal0227AttachD.pdf


















BILL:HB12-1239
TIME: 01:49:11 PM
MOVED:Szabo
MOTION:Moved amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:Gardner B.
VOTE
Balmer
Conti
Fields
Gardner B.
Labuda
Lee
Pace
Soper
Swerdfeger
Szabo
Bradford
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


01:49 PM

Michael Welch, representing himself, testified in support of the bill and discussed his problems with a metropolitan district that was formed in Adams County, but later expanded its service plan into Weld County.


01:53 PM

Barbara Kirkmeyer, representing herself, testified in support of the bill, as amended, and discussed the strike-below amendment. Ms. Kirkmeyer discussed problems with a special district that was originally formed in Adams County, but planned to expand into Weld County. She talked about the need for the bill in order for a special district to notify a board of county commissioners, as well as property owners, when a district plans to expand its service areas into another county. Ms. Kirkmeyer addressed questions from the committee concerning the special district that is expanding into Weld County and discussion ensued concerning service plans and the formation process of special districts.
















02:08 PM

Evan Goulding, representing the Special District Association, testified in support of the bill as amended, explained amendment L.001 to the committee, and discussed the formation process of special districts. Mr. Goulding responded to questions from the committee concerning the service areas of special districts and explained that voting rights are not currently granted to property owners outside of the district boundary. He explained that the bill, as amended, would allow a board of county commissioners to hold a hearing on the expansion of a special district's service plan, allow landowners to be excluded from the special district, and would require a written agreement between the district and the property owners for the expansion of domestic water and sewer services.


02:18 PM

Jeff Hare, representing himself, testified in support of the bill, discussed the need for the bill in order to notify property owners who may be included into the service area of a special district. Mr. Hare responded to questions from the committee concerning the process under the bill for homeowners to opt out of a special district's service area and distributed his comments to the committee (Attachment E).

HseLocal0227AttachE.pdf

02:23 PM

Wayne Muhler, representing himself, testified in support of the bill and explained the need to notify homeowners who may be included in the service area of a special district and his objection to being included into a metropolitan district in Adams County.


02:33 PM

Cindy DeYoung, representing herself, testified in support of the bill and talked about her property taxes increasing after being included in the service area of a special district.


02:39 PM

Deborah Weinstein, representing herself, testified in support of the bill, talked about her property taxes going up after being included in the service area of a special district, and distributed her comments to the committee (Attachment F). Ms. Weinstein responded to questions from the committee and explained that, under current law, she would not be allowed to serve on the board of her special district.

HseLocal0227AttachF.pdf











02:47 PM

Hazel Frank, representing herself, testified in support of the bill, talked about the need to protect the rights of property owners, and discussed the need for special districts to notify property owners before being included in the service area of a special district.


02:50 PM

Mike Lloyd, representing himself, testified in support of the bill and discussed the need to notify property owners being impacted by a special district.


02:52 PM

Bill Wycoff, representing himself, testified in support of the bill and discussed the need to notify property owners and boards of county commissioners before the service area of a special district is expanded in to another county.


02:54 PM

Paul Edwards, representing himself, testified in support of the bill and talked about having his property rights threatened by a special district that may include his property in the district's service plan.


02:56 PM

David Dechant, representing himself, testified in support of the bill, discussed problems of his ditch company being included into several types of special districts, and explained the need to provide property owners a voice when dealing with special districts.


03:01 PM

Amos Ochs, representing himself, testified in support of the bill and talked about the need to notify property owners who are going to be included in a special district's service area.

















03:05 PM

Representative Vaad made closing comments on the bill.
BILL:HB12-1239
TIME: 03:08:51 PM
MOVED:Pace
MOTION:Moved to refer House Bill 12-1239, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Conti
VOTE
Balmer
Yes
Conti
Yes
Fields
Excused
Gardner B.
Yes
Labuda
Yes
Lee
Yes
Pace
Yes
Soper
Yes
Swerdfeger
Yes
Szabo
Yes
Bradford
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:09 PM

The committee adjourned.