House Committee on Local Government (02/08/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	02/08/2005	ATTENDANCE

Time:	02:01 PM to 04:16 PM	Berens	E*
		Cerbo	X
Place:	HCR 0112	Curry	E*
		Decker	X
This Meeting was called to order by		May M.	X
	Representative Hodge	Merrifield	E*
		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:
HB05-1192 HB05-1195 HB05-1190		Laid Over Referred to the Committee of the Whole Postponed Indefinitely

02:02 PM -- House Bill 05-1192

Representative Soper, sponsor, described the provisions of the bill concerning a requirement that a local government approve termination of certain planned communities (see Attachment A). He also responded to questions from the committee regarding the process for a homeowners association (HOA) to disband.

The following persons testified on the bill:

02:05 PM -- Robert Coney, Adams County, spoke in support of the bill. He also responded to questions from the committee regarding the responsibility of a local government to provide services to communities after an HOA disbands, such as road maintenance.

02:19 PM -- Pat Ratliff, Colorado Counties, Inc., spoke in support of the bill.

02:25 PM -- Gary Tobey, Legislative Action Committee of Community Association Institute, spoke in opposition to the bill and he proposed an amendment to limit the applicability of the bill (Attachment B).

02:32 PM -- Mr. Coney returned to explain that the bill had been reviewed by the Adams County Attorney.

02:34 PM -- Jerry Orten, Community Association Institute, spoke in opposition to the bill.

02:39 PM

Testimony was closed. Representative Soper moved to amend page 2 of the printed bill, line 8, to allow a planned community to be terminated if the local government is notified. In a response to a request for a ruling, the chair ruled that the amendment does not fit under the title of the bill.

02:42 PM

The bill was laid over until Tuesday, February 15, for action only.

02:43 PM -- House Bill 05-1195

Representative Kerr, sponsor, described the provisions of the bill that pertains to ownership of lands that have been vacated by a local government.

The following persons testified on the bill:

02:47 PM -- Jim Everson, Jefferson County Assessor's Office, spoke in support of the bill. He also described the challenge of maintaining ownership records of small tracks of land that have been vacated by a local government (Attachment C).

02:53 PM -- David Vallano, Jefferson County Treasurers, spoke in support of the bill. He also described the challenge of collecting taxes on small tracks of land that have been vacated by a local government.

02:55 PM -- Pat Ratliff, Colorado Counties, Inc., spoke in support of the bill.

02:56 PM

Testimony was closed.


BILL:	HB05-1195
TIME:	02:56:32 PM
MOVED:	Berens
MOTION:	Moved to refer HB05-1195 to the Committee of the Whole, without amendment. The motion passed on a roll call vote of 10-0.
SECONDED:	Sullivan
		VOTE
	Berens	Yes
	Cerbo	Yes
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	Excused
	Soper	Yes
	Sullivan	Yes
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Not Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:58 PM -- House Bill 05-1190

Representative Soper, sponsor, described the provisions of the bill concerning the sale of mobile homes within mobile home parks.

The following persons testified on the bill:

03:03 PM -- Tim Crawford, Mobile Home Park Association of Colorado, spoke in opposition to the bill. He also described his efforts to obtain voluntary compliance from residents of his mobile home park to maintain the appearance of their mobile home.

03:12 PM

Representative Soper proposed an amendment to page 4 of the printed bill, line 10, strike "SAFETY AND SANITATION" and substitute "THE SAFETY, SANITATION, OR CONDITION OF A MOBILE HOME". This motion was later approved as part of Amendment L. 002 (Attachment D).

The committee resumed testimony:

03:18 PM -- Scott Gisell, Affordable Residential Communities, spoke in opposition to the bill. He also described federal HUD standards that apply to manufacturers of mobile homes.

03:32 PM -- Linda Loner, Colorado Manufactured Housing Association, spoke in opposition to the bill.

03:37 PM -- Chris Seifert, Hometown America, spoke in opposition to the bill. She also described the effect of increased housing standards on the value of mobile homes in a mobile home park.

03:44 PM -- Keith Cowan, Mobil Home Park Owners Association of Colorado, spoke in opposition to the bill.

03:48 PM -- Larry Henderson, Green Acres Adult Community, spoke in opposition to the bill.

03:51 PM -- Cassandra Cooper, Animas Park for Mobil Homes, spoke in opposition to the bill (Attachment E).

03:55 PM -- John Baranway, representing himself, spoke in opposition to the bill.

03:56 PM

Testimony was closed

03:57 PM

Bob Lackner, Office of Legislative Legal Services, responded to questions from the committee regarding the effect of the legislative declaration in Section 3 of the bill.


BILL:	HB05-1190
TIME:	04:01:29 PM
MOVED:	Soper
MOTION:	Moved Amendment L. 002. At the request of Representative May, the chair severed the amendment into two sections: lines 1 through 4 was designated Severed Section 1, and lines 5 through 14, was designated Severed Section 2. The committee acted separately on each section.
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: TIE


BILL:	HB05-1190
TIME:	04:05:23 PM
MOVED:	Soper
MOTION:	Moved lines 5 through 14 of Amendment L 002 (Severed Section 2). The motion passed on a roll call vote of 6-5.
SECONDED:	Merrifield
		VOTE
	Berens	No
	Cerbo	Yes
	Curry	Yes
	Decker	No
	May M.	No
	Merrifield	Yes
	Soper	Yes
	Sullivan	No
	Welker	No
	Lindstrom	Yes
	Hodge	Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB05-1190
TIME:	04:04:13 PM
MOVED:	Soper
MOTION:	Moved lines 1 through 4 of Amendment L 002 (Severed Section 1). The motion was adopted 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:	HB05-1190
TIME:	04:07:12 PM
MOVED:	Soper
MOTION:	Moved to refer HB05-1190 to Committee of the Whole, as amended by Amendment L. 002. The motion failed on a roll call vote of 3-8.
SECONDED:	Merrifield
		VOTE
	Berens	No
	Cerbo	Yes
	Curry	No
	Decker	No
	May M.	No
	Merrifield	Yes
	Soper	Yes
	Sullivan	No
	Welker	No
	Lindstrom	No
	Hodge	No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1190
TIME:	04:13:12 PM
MOVED:	May M.
MOTION:	Moved to Postponed Indefinitely HB05-1190. The motion passed on a roll call vote of 8-3.
SECONDED:	Berens
		VOTE
	Berens	Yes
	Cerbo	No
	Curry	Yes
	Decker	Yes
	May M.	Yes
	Merrifield	No
	Soper	No
	Sullivan	Yes
	Welker	Yes
	Lindstrom	Yes
	Hodge	Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:14 PM

The meeting adjourned.