Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
LOCAL GOVERNMENT
Date:
01/25/2005
ATTENDANCE
Time:
02:53 PM
to
05:04 PM
Berens
X
Cerbo
X
Place:
HCR 0112
Curry
X
Decker
*
This Meeting was called to order by
May M.
X
Representative
Hodge
Merrifield
*
Soper
X
This Report was prepared by
Sullivan
X
David Beaujon
Welker
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1032
HB05-1067
HB05-1153
HB05-1063
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Laid Over
02:53 PM -- House Bill 05-1032
Representative Rose, sponsor, explained that the bill was laid over from January 18 to allow time to answer questions about the potential effect of the bill.
The following person testified on the bill:
02:56 PM --
Pat Ratliff, Colorado Counties, Inc., described the authority of boards of county commissioners to modify planned unit developments (PUD). She also spoke in support of the bill and explained that it provides clear guidelines for local governments when they amend a PUD.
03:00 PM
Testimony was closed and Representative Rose explained Amendment L. 001 (see Attachment A).
BILL:
HB05-1032
TIME:
03:00:25 PM
MOVED:
Berens
MOTION:
Moved Amendment L. 001 (see Attachment A). The motion passed without objection.
SECONDED:
May M.
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1032
TIME:
03:01:57 PM
MOVED:
May M.
MOTION:
Moved HB05-1032 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:
Berens
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
May M.
Yes
Merrifield
Yes
Soper
Yes
Sullivan
Yes
Welker
Yes
Lindstrom
Yes
Hodge
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:02 PM
The meeting was recessed.
03:05 PM -- House Bill 05-1067
Representative Buescher, sponsor, described the provisions of the bill that allows counties to provide fire protection services. He explained that the bill helps address a problem experienced by a fire protection district in Mesa County (see Attachment B)
The following persons testified on the bill:
03:08 PM --
Bob Jasper, Mesa County, spoke in support of the bill and explained that the bill also allows counties to form public improvement districts to provide fire protection services (see Attachment C).
03:12 PM --
Evan Goulding, Special District Association, spoke in support of the bill.
03:12 PM --
Kevin Klein, Colorado Fire Chiefs Association, spoke in support of the bill.
03:13 PM
The testimony was closed.
BILL:
HB05-1067
TIME:
03:13:39 PM
MOVED:
Lindstrom
MOTION:
Moved Amendment L. 001 that deletes Section 1 of the bill (see Attachment D). The motion passed without objection.
SECONDED:
Merrifield
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1067
TIME:
03:14:51 PM
MOVED:
Berens
MOTION:
Moved HB05-1067 to the Committee of the Whole, as amended. The motion passed on a roll call vote of 11-0.
SECONDED:
Merrifield
VOTE
Berens
Yes
Cerbo
Yes
Curry
Yes
Decker
Yes
May M.
Yes
Merrifield
Yes
Soper
Yes
Sullivan
Yes
Welker
Yes
Lindstrom
Yes
Hodge
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:15 PM
The meeting was recessed.
03:18 PM -- House Bill 05-1153
Representative Hall, sponsor, described the provisions of the bill that allows counties with three county commissioners to elect commissioners by district.
The following persons testified on the bill:
03:29 PM --
Roger Phelps, representing himself, described a recent county commission election in La Plata County and spoke in support of the bill.
03:34 PM --
Carol Snyder, County Clerks Association, commented on the bill and asked questions of sponsor about the eligibility requirements for a candidate for a county commissioner who runs by district. She also identified potential costs for a county that elects its commissioners by districts. For such counties, three separate ballots would need to be prepared for commissioner elections instead of one ballot for the entire county.
03:41 PM --
Dan Willis, representing himself, spoke in support of the bill.
03:44 PM --
Bob Lackner, Office of Legislative Legal Services, responded to questions about the number of signatures required to petition for an election to allow commissioners to be elected by district.
03:52 PM
The testimony was closed.
03:52 PM
Representative Curry moved to amend page 3, line 20 of the bill to clarify that a county commissioner must reside within the district for which they are running. The motion was withdrawn after discussion.
BILL:
HB05-1153
TIME:
03:55:06 PM
MOVED:
May M.
MOTION:
Moved to replace the bill's effective date clause with a safety clause, and to amend Section 2 of the bill to expand the times when a county may hold an election to decide whether to elect commissioners by district. The motion passed without objection.
SECONDED:
Sullivan
VOTE
Berens
Cerbo
Curry
Decker
May M.
Merrifield
Soper
Sullivan
Welker
Lindstrom
Hodge
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1153
TIME:
03:58:10 PM
MOVED:
May M.
MOTION:
Moved to refer the bill to the Committee of the Whole, as amended. The motion passed on a roll call vote of 9-2.
SECONDED:
Merrifield
VOTE
Berens
Yes
Cerbo
No
Curry
Yes
Decker
Yes
May M.
Yes
Merrifield
Yes
Soper
No
Sullivan
Yes
Welker
Yes
Lindstrom
Yes
Hodge
Yes
Final YES:
9
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:59 PM
The meeting was recessed.
04:04 PM -- House Bill 05-1063
The committee returned from recess and the chair announced that the committee will not act on HB05-1063. However testimony would be allowed.
04:05 PM
Representative Pommer, sponsor, described the provisions of the bill that amends the provisions of Areas and Activities of State Interest Act (Section 24-65.1-101, C.R.S., et seq.) pertaining to the Land Use Commission. This act is also known as the"1041 powers." He also described a recent court decision pertaining to a land use dispute between Boulder County and the University of Colorado and distributed Amendment L. 001 (see Attachment E).
The following persons testified:
04:14 PM --
David Hughes, Boulder County, spoke in support of the bill and described a recent decision by the Land Use Commission concerning a Boulder County regulation. He also described the history of the Land Use Commission since its creation in 1974.
04:19 PM --
David Eason, Regents of the University of Colorado, spoke in opposition to bill and expressed concern about the bill's potential effect on a case pending before the Colorado Supreme Court concerning the authority of Boulder County to regulate the University of Colorado's capital development. Committee discussion followed about use of 1041 powers by counties and the need for legislation prior to the Supreme Court decision.
04:48 PM --
Pat Ratliff, Colorado Counties, Inc., spoke in support of the bill. She also described the history of the Land Use Commission and the authority of counties to regulate state interests.
05:02 PM
Representative Pommer closed his remarks and the bill was laid over until the end of the calendar on the January 31.