Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
LOCAL GOVERNMENT
Date:
01/18/2005
ATTENDANCE
Time:
02:25 PM
to
03:44 PM
Berens
X
Cerbo
X
Place:
HCR 0112
Curry
X
Decker
X
This Meeting was called to order by
May M.
X
Representative
Hodge
Merrifield
X
Soper
X
This Report was prepared by
Sullivan
E
David Beaujon
Welker
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1062
HB05-1032
Referred to the Committee of the Whole
Laid Over
02:26 PM -- Committee Introductions
Representative Hodge, Chair, introduced herself and invited other members to introduce themselves and describe their interest in local government issues.
02:34 PM
Legislative Council Staff introduced themselves including David Beaujon, committee staff, and Marc Carey and Chris Ward, fiscal analysts.
02:38 PM -- House Bill 05-1062
Representative Judd, sponsor, described the eviction process, also known as writs of restitution, that is defined in Section 13-40-115, C.R.S., and described the provision of the bill (see Attachment A). He explained that the bill specifies that a writ of restitution expires after 30 days and it amends statutory caps on fees charged by a sheriff to recover their costs when serving and executing writs of restitution. He also responded to questions from the committee.
The following persons testified on the bill:
02:50 PM --
David Oliver, Denver Sheriff's Office, County Sheriffs of Colorado, spoke in support of the bill and described problems associated with landlords delaying the submittal of a judge's writ of restitution. He also explained that executing some writs of restitution cost his office substantially more than his office is allowed to recover under state law (see Attachment B).
03:05 PM --
Cindy Bussard, Boulder County Sheriff's Office, explained that the bill was developed with the assistance of Front Range county sheriffs and spoke in support of the bill.
03:10 PM
Testimony was closed.
BILL:
HB05-1062
TIME:
03:10:47 PM
MOVED:
Berens
MOTION:
Moved to refer the bill to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 8 - 1.
SECONDED:
Merrifield
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
No
May M.
Excused
Merrifield
Yes
Soper
Yes
Sullivan
Excused
Welker
Yes
Lindstrom
Yes
Hodge
Yes
Final YES:
8
NO:
1
EXC:
2
ABS:
0
FINAL ACTION:
PASS
03:12 PM -- House Bill 05-1032
Representative Rose, sponsor, described the provisions of the bill. He explained that it expands the ability of counties and municipalities to dispose of their land within a planned unit development (PUD). Committee discussion followed about current limits on a local government's ability to exchange government-owned property within a PUD.
The following witness testified on the measure:
03:25 PM --
Fred McKnight, Chairman of the Log Hill Fire Protection District, spoke in support of the bill. He described problems experienced by his fire district in its attempt to dispose of land owned by the district in the Log Hill community in Ouray County. This land was originally deeded to the fire district for the construction of a fire station. The district later determined that the land was not suitable for this purpose and wished to sell the land. However, it determined that the district did not have the authority to dispose of the land in the manner that it wished. Discussion followed about the authority of a county commission to amend a PUD and potential uses of the law if its changed.
03:44 PM
The bill was laid over without amendment and rescheduled for Tuesday, January 25. The meeting adjourned.