Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:02/12/2009
ATTENDANCE
Time:10:28 AM to 12:02 PM
Cadman
X
Hodge
X
Place:SCR 353
Kester
X
Lundberg
X
This Meeting was called to order by
Newell
*
Senator Schwartz
Foster
A
Schwartz
X
This Report was prepared by
Kori Donaldson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-149
SB09-020
Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations


10:28 AM -- Senate Bill 09-149

The committee was called to order. A quorum was present. Senator Betty Boyd, prime sponsor, presented Senate Bill 09-149, which concerns the method by which a county home rule charter commission is created. Senator Boyd made introductory remarks about the bill. She also spoke to and distributed Amendments L.001 and L.002 (Attachments A and B, respectively). Discussion ensued about the process of establishing a home rule charter commission and approving a home rule charter.

09SenateLoc0212AttachA.pdf 09SenateLoc0212AttachB.pdf

The following people testified on the bill:

10:36 AM --
Commissioner Kevin McCasky, representing Jefferson County and Colorado Counties Inc., spoke in support of the bill. Commissioner McCasky explained some cost savings that can realized by the bill, particularly for a large county like Jefferson. He also explained how the process of voter approval for establishing a home rule charter commission will be changed by the bill. Commissioner McCasky addressed questions about how home rule charters are approved by a Board of County Commissioners and the voters. Senator Lundberg expressed his concerns about the bill. Discussion ensued.












10:56 AM --
Ms. Ellen Wakeman, also representing Jefferson County, addressed questions from the committee about how charter commissions are formed and the number of hearings held by a home rule charter commission prior to publishing a proposed home-rule charter. Commissioner McCasky answered a question about the length of time that the language of a proposed home-rule charter is made public before an election. He also said that county commissioners would like more time to consider charters and the recommendations of charter commissions than is allowed by current law. Discussion ensued. In response to a question, Commissioner McCasky said that he is not aware of any counties opposed to the bill.

11:07 AM --
Ms. Wakeman addressed a question about page 3 of the introduced bill. Senator Schwartz noted that it is very important to have public input about home rule charters. Senator Boyd spoke to potential amendments that can be made to the bill prior to consideration by the whole Senate. Commissioner McCasky compared the number of commissioners per county versus the size of various counties. Senator Lundberg continued to express his concerns about the bill and outlined a potential conceptual amendment, which would remove the part of the bill that changes how a home rule charter commission is created. Commissioner McCasky said he would not support this conceptual amendment. Senator Cadman expressed concerns about removing the provision in current law that requires a vote of the people to establish a home rule charter commission.


11:25 AM
BILL:SB09-149
TIME: 11:25:12 AM
MOVED:Hodge
MOTION:Refer Senate Bill 09-149, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 4-2-1.
SECONDED:
VOTE
Cadman
No
Hodge
Yes
Kester
Yes
Lundberg
No
Newell
Yes
Foster
Absent
Schwartz
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 1 FINAL ACTION: PASS

Prior to the vote Senator Schwartz asked whether, under current law, the vote to establish a home rule charter commission can be allowed in a general election, or if a special election is required.
BILL:SB09-149
TIME: 11:25:21 AM
MOVED:Hodge
MOTION:Adopt Amendment L.001 (Attachment A). The motion passed without objection by those members present.
SECONDED:
VOTE
Cadman
Hodge
Kester
Lundberg
Newell
Foster
Absent
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: Pass Without Objection

Prior to the vote, Senator Hodge briefly explained Amendment L.001.

BILL:SB09-149
TIME: 11:26:40 AM
MOVED:Hodge
MOTION:Adopt Amendment L.002 (Attachment B). The motion passed without objection by those members present.
SECONDED:
VOTE
Cadman
Hodge
Kester
Lundberg
Newell
Foster
Absent
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: Pass Without Objection
BILL:SB09-149
TIME: 11:27:17 AM
MOVED:Lundberg
MOTION:Amend Senate Bill 09-149 to strike sections 1, 2, and 3 of the bill. The motion failed on a vote of 2-4-1.
SECONDED:
VOTE
Cadman
Yes
Hodge
No
Kester
No
Lundberg
Yes
Newell
No
Foster
Absent
Schwartz
No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 1 FINAL ACTION: FAIL

Prior to the vote, Senator Lundberg explained his conceptual amendment.


11:35 AM -- Senate Bill 09-020

Senator Dan Gibbs, prime sponsor, distributed and spoke to Amendment L.001 (Attachment C), which strikes everything below the enacting clause of Senate Bill 09-020. Amendment L.001 directs each county and municipality to designate an emergency response authority that is responsible for creating a plan for responding to wild land fires in its jurisdiction. The plan may include a description of response capabilities, response tactics, and incident command structure. Senator Gibbs addressed questions from the committee.

09SenateLoc0212AttachC.pdf

The following people testified on the bill:

11:47 AM --
Mr. Paul Cooke, representing the Colorado State Fire Chiefs' Association, spoke in support of the bill. Mr. Cooke said the bill addresses a major concern that the Colorado State Fire Chiefs' Association brought to the Interim Committee on Wildfire Issues in Wild-Land Urban Interface Areas last summer. He also spoke in support of Amendment L.001. Senator Gibbs distributed Amendment L.002 (Attachment D). Mr. Cooke briefly explained and spoke in support of L.002.

11:53 AM --
Sheriff Joe Pelle, representing County Sheriffs of Colorado, spoke in support of Amendment L.001. Sheriff Pelle explained that the bill clarifies and modernizes outdated language in current law.

11:57 AM --
Mr. Rich Homann, representing the Colorado State Forest Service, spoke in support of Amendment L.001. Mr. Homann addressed the changes to the bill's' fiscal impact made by the Amendment L.001.








11:59 AM

Senator Gibbs made some concluding remarks about the bill and Amendments L.001 and L.002.
BILL:SB09-020
TIME: 12:00:32 PM
MOVED:Newell
MOTION:Refer Senate Bill 09-020, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 6-0-1.
SECONDED:
VOTE
Cadman
Yes
Hodge
Yes
Kester
Yes
Lundberg
Yes
Newell
Yes
Foster
Absent
Schwartz
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: PASS
BILL:SB09-020
TIME: 12:01:54 PM
MOVED:Cadman
MOTION:Adopt Amendment L.002 (Attachment D). The motion passed without objection by those members present.

09SenateLoc0212AttachD.pdf
SECONDED:
VOTE
Cadman
Hodge
Kester
Lundberg
Newell
Foster
Absent
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: Pass Without Objection
BILL:SB09-020
TIME: 12:01:13 PM
MOVED:Newell
MOTION:Adopt Amendment L.001 (Attachment C). The motion passed without objection by those members present.
SECONDED:
VOTE
Cadman
Hodge
Kester
Lundberg
Newell
Foster
Absent
Schwartz
Not Final YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: Pass Without Objection


12:02 PM

The committee adjourned.