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H_LG_2017A 03/22/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date: 03/22/2017
ATTENDANCE
Time: 02:14 PM to 03:38 PM
Coleman
X
Exum
X
Place: HCR 0107
Gray
X
Liston
X
This Meeting was called to order by
McKean
*
Representative Lebsock
Navarro
X
Ransom
X
This Report was prepared by
Singer
*
Juliann Jenson
Thurlow
X
Valdez
X
Wilson
X
Rosenthal
X
Lebsock
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-097

SB17-112
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





02:15 PM -- SB17-097




Representative Coleman, sponsor, discussed the provisions of SB17-097 regarding vacated right-of-ways. He explained that under current law, a conveyance by warranty deed carries the presumption that the grantor's interest in an adjoining vacated street, alley, or other right-of-way is included with the property whose legal description is contained in the deed. However, this presumption does not apply to other types of deeds or to a lease, mortgage, or other conveyance or encumbrance. The bill removes the language containing the presumption from the warranty deed statute and relocates it, with amendments, so as to broaden the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens. He distributed a fact sheet prepared by the Colorado Bar Association (Attachment A).



17HouseLocal0322AttachA.pdf17HouseLocal0322AttachA.pdf



Representative Coleman answered questions from the committee. Questions were raised about the unintended consequences for property owners acquiring a right-of way including liability, insurance, and zoning.























02:25 PM -- Warren Ward, representing the Colorado Association of County Surveyors, spoke in support of the bill. Mr. Ward explained that current law surrounding vacated property is confusing, and the bill would help clarify the transfer of property.



02:27 PM -- Charles Calvin, representing the Colorado Bar Association, testified in support of the bill. Mr. Calvin answered questions from the committee and clarified that the bill should not impact zoning or insurance rates. He also discussed utility easements and stated nothing would change in that respect with the passage of this bill.



02:39 PM -- Paul Bacus, representing the Professional Land Surveyors of Colorado, spoke in support of the measure.





02:43 PM



Representative Coleman gave closing remarks.


BILL: SB17-097
TIME: 02:44:17 PM
MOVED: Coleman
MOTION: Refer Senate Bill 17-097 to the Committee of the Whole. The motion passed on a vote of 12-0, with 1 excused.
SECONDED: Singer
VOTE
Coleman
Yes
Exum
Yes
Gray
Excused
Liston
Yes
McKean
Yes
Navarro
Yes
Ransom
Yes
Singer
Yes
Thurlow
Yes
Valdez
Yes
Wilson
Yes
Rosenthal
Yes
Lebsock
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



























02:46 PM -- SB17-112



Representative Pabon, sponsor, discussed the provisions of SB17-112 concerning tax payments to incorrect local governments. He explained that the bill seeks to clarify legisaltive intent from a bill enacted in 1985 that addressed a situation where a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government. A recent court case applied the statute of limitations to this dispute resolution process, resulting in the taxpayer having to pay the disputed amount twice to two different local governments. The bill specifies that any statutes of limitations, either local, state, or in intergovernmental transfer agreements, do not apply to the remedies set forth in law. He answered questions from the committee and distributed Amendment L. 003 (Attachment B). He explained that the amendment provides a recourse in cases where an individual is trying to take advantage of the system. Chairman Lebsock stated that forthcoming witnesses can address both the bill and the amendment.



17HouseLocal0322AttachB.pdf17HouseLocal0322AttachB.pdf



03:01 PM --
Chris Howes, representing the Colorado Retail Council, spoke in support of the measure. Mr. Howes explained that paying taxes to the incorrect local government most often happens at the borders of cities, towns, and counties. He answered questions from the committee.



03:03 PM -- Patrick Boyle, representing the Colorado Competitive Council, testified in support of the bill. He explained that the bill corrects a misunderstanding about original intent of the law and answered questions from the committee.



03:14 PM -- Diane Criswell, representing the Colorado Municipal League, explained that her organization has taken a neutral position on the bill. She answered questions from the committee and explained that collecting and paying taxes to the right entity entails cooperation between the business community and local governments. The bill and the amendment provide a remedy for inadvertent double taxation.



03:23 PM -- Michelle McCarthy, representing the Colorado Bar Association, spoke in favor of the bill.



03:24 PM -- Loren Furman, representing the Colorado Association of Commerce & Industry, spoke in favor of the bill. Ms. Furman explained the the bill protects taxpayers and local jurisdictions and streamlines the process by providing a remedy. She further supported that the bill addressed statute of limitations issues.







































03:34 PM



Representative Pabon made closing remarks about the bill and amendment.



BILL: SB17-112
TIME: 03:34:44 PM
MOVED: Thurlow
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED: Liston
VOTE
Coleman
Exum
Gray
Liston
McKean
Navarro
Ransom
Singer
Thurlow
Valdez
Wilson
Rosenthal
Lebsock
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection












































BILL: SB17-112
TIME: 03:35:13 PM
MOVED: McKean
MOTION: Refer Senate Bill 17-112, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED: Gray
VOTE
Coleman
Yes
Exum
Yes
Gray
Yes
Liston
Yes
McKean
Yes
Navarro
Yes
Ransom
Yes
Singer
Yes
Thurlow
Yes
Valdez
Yes
Wilson
Yes
Rosenthal
Yes
Lebsock
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:38 PM




The committee adjourned.


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