Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT
Date:04/19/2005
ATTENDANCE
Time:02:02 PM to 03:45 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
X
David Beaujon
Welker
X
Lindstrom
X
Hodge
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1277Amended, Referred to the Committee of the Whole


02:02 PM -- House Bill 05-1277

Representative Massey, sponsor, described the provisions of HB05-1277 concerning municipal nuisance ordinances pertaining to rental properties. He also distributed Amendment L. 003 that strikes everything below the enacting clause (Attachment A).


02:08 PM

Representative Sullivan moved, Representative Berens seconded, Amendment L. 003 that strikes everything below the enacting clause. The vote on the motion was taken at 3:33 PM and passed without objection (see vote sheet at the end of testimony).

The following persons testified on the bill:

02:11 PM --
Leslie Ebert, Colorado Legal Services, commented on Amendment L. 003 and spoke against Amendment L. 004 that allows a landlord to enter a property to abate a nuisance (Attachment B).

02:26 PM --
Erin Goff, Colorado Municipal League, spoke in support Amendment L. 003 and against the printed HB05-1277 if Amendment L. 003 is not adopted.


02:39 PM -- Dan Levin, Colorado Apartment Association, spoke in support of the bill and commented on Amendment L. 004. Committee discussion followed about contract law and the right of a land lord to access his or her property to abate a nuisance.

03:01 PM --
Jamie Glonek, Colorado Apartment Association, spoke in support of the bill and responded to prior testimony and committee questions.

03:22 PM --
Jenifer Knight, Colorado Legal Services, spoke in opposition to Amendment L. 004 and described problems with unauthorized evictions by land lords.


03:31 PM

Testimony ended and Representative Massey closed his remarks.
BILL:HB05-1277
TIME: 02:03:58 PM
MOVED:Sullivan
MOTION:Moved amendment L.003, a strike below the enacting clause amendment (Attachment A). An amendment to L.003 was offered and adopted (see next vote sheet). The motion before the committee was the adoption of amendment L.003, as amended. The motion passed without objection.
SECONDED:Berens
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:HB05-1277
TIME: 03:32:28 PM
MOVED:Lindstrom
MOTION:Moved to amend L.003, page 1, line 13, after "PROPERTY OWNER" insert "AND TENANT". The amendment was adopted without objection.
SECONDED:Soper
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:HB05-1277
TIME: 03:33:29 PM
MOVED:Sullivan
MOTION:Moved amendment L.004 (Attachment B). An amendment to L.004 was offered and passed (see next vote sheet). The motion before the committee was the adoption of amendment L.004, as amended. The motion passed on a 6-5 roll call vote.
SECONDED:May
VOTE
Berens
Yes
Cerbo
No
Curry
No
Decker
No
May M.
Yes
Merrifield
No
Soper
Yes
Sullivan
Yes
Welker
Yes
Lindstrom
Yes
Hodge
No
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB05-1277
TIME: 03:37:57 PM
MOVED:Berens
MOTION:Moved an amendment to L.004, line 7, after "AN OWNER" insert "AND TENANT". The amendment was adopted without objection.
SECONDED:May
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:HB05-1277
TIME: 03:43:47 PM
MOVED:May M.
MOTION:Moved to refer HB 05-1277, as amended, to the Committee of the Whole. The motion passed 7-4.
SECONDED:Berens
VOTE
Berens
Yes
Cerbo
Yes
Curry
No
Decker
No
May M.
Yes
Merrifield
No
Soper
Yes
Sullivan
Yes
Welker
Yes
Lindstrom
Yes
Hodge
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:44 PM

The meeting adjourned.