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S_LG_2017A 04/26/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON LOCAL GOVERNMENT

Date: 04/26/2017
ATTENDANCE
Time: 01:56 PM to 09:36 PM
Coleman
X
Exum
X
Place: HCR 0107
Kennedy
X
Liston
X
This Meeting was called to order by
McKean
X
Representative Lebsock
Navarro
X
Ransom
*
This Report was prepared by
Singer
*
Juliann Jenson
Thurlow
*
Valdez
X
Wilson
X
Rosenthal
X
Lebsock
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-228

HB17-1309

HB17-1311

HB17-1354

HB17-1312

SB17-252

HB17-1348
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Witness Testimony and/or Committee Discussion Only

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to House Transportation & Energy





01:56 PM



Representative Lebsock called the meeting to order and announced that Representative Kennedy would take Representative Gray's place for the hearing.





01:56 PM -- SB17-228



Representative Wist, sponsor, explained SB17-228 concerning the relocation of Title 12 dance hall and escort and pawnbroker. This bill relocates the statutes concerning local government regulation of dance halls from Title 12 to Title 30 and the regulation of escort services and pawnbrokers from Title 12 to Title 29 of the Colorado Revised Statutes (C.R.S.) and makes minor technical changes.





























Representative Wist further explained that this bill was recommended by the Committee on Legal Services. This committee is currently supervising the Office of Legislative Legal Services in a two-year project to recodify Title 12 of the C.R.S., as directed by Senate Bill 16-163. In anticipation of this recodification, HB 17-1006 was enacted to allow agencies to ask the Secretary of State to update statutory citations in the Code of Colorado Regulations without the agency notice, comment, or hearing requirements of the Administrative Procedure Act.



Representative Wist answered questions from the committee.

BILL: SB17-228
TIME: 01:58:18 PM
MOVED: McKean
MOTION: Refer Senate Bill 17-228 to the Committee of the Whole. The motion passed on a vote of 10-0, with 3 members excused.
SECONDED: Liston
VOTE
Coleman
Yes
Exum
Yes
Kennedy
Yes
Liston
Yes
McKean
Yes
Navarro
Yes
Ransom
Excused
Singer
Excused
Thurlow
Excused
Valdez
Yes
Wilson
Yes
Rosenthal
Yes
Lebsock
Yes
Final YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS





02:00 PM -- HB17-1309



Representative Winter and Representative Jackson, co-prime sponsors, explained HB17-1309 concerning a documentary fee to fund affordable housing. They explained that under current law, when the total amount paid by the purchaser on a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of the amount paid for the recording of a real estate deed or other documents. The bill increases the documentary fee to two cents per $100.



























Beginning January 1, 2018, 50 percent of the fees generated must be used as prescribed by current law and 50 percent must be deposited in the newly created Statewide Affordable Housing Investment Fund (fund) administered by the Colorado Housing and Finance Authority (CHFA). The bill specifies that moneys in the fund, as allocated by CHFA, must be used for new or existing programs that:



• facilitate the construction or rehabilitation of residential affordable housing units; and

• provide financial assistance to a nonprofit or political subdivision that make loans to households for the financing, purchase, or rehabilitation of residential housing.



The bill defines affordable housing as housing that is affordable for households with an income that is up to 80 percent of the area median income for rental occupancy and up to 110 percent for home ownership. It also specifies that a portion of the funds must be used for programs that serve counties with a population of 175,000 or less. Beginning November 1, 2021, CHFA must submit a report every three years to the Governor and to the Finance committees of the General Assembly specifying how the new funds were used.



The representatives explained the necessity for the bill and emphasized housing issues across the states, including lack of affordable housing, low inventory, and high housing prices. They said this fund is designed to provide gap funding for affordable housing or to assist lower or middle income home buyers with down payments. The representatives answered questions from the committee about middle income home buyers, real estate developers, CHFA, and the bill's applicability to rural and urban areas. The representatives also emphasized that Colorado is one of the few states that does not have a trust fund or a steady stream of funding for affordable housing.

02:15 PM --
Sara Reynolds, representing Housing Colorado, spoke in support of the bill. She reported on the current state of the Colorado housing market. She confirmed that rental costs continue to increase and many people are spending over 50% of their income on rent. She stated the reasons why she supports the bill, including its flexibility and steady funding stream. She answered questions from the committee about the distribution of the funds between rural and urban jurisdictions and "deBrucing."



02:33 PM --
Lynn Crist, representing herself, spoke in support of the bill. As a developer, she explained the complexities of securing funding for affordable housing. She answered questions from the committee regarding the housing market, grant funds, and middle-income home buyers.



02:44 PM --
Jason Hopfer, representing the Colorado Association of Realtors, spoke in opposition to the measure. He expressed concerns about the bill's financial impact on real estate transactions and reported that the fee is disproportionately impacting low-and middle-income buyers. He answered questions from the committee regarding fees and affordable housing.



02:55 PM --
Michelle Webster, representing the Colorado Center on Law & Policy, presented a neutral position on the bill. She explained her organization is neutral because the bill does not place priority on low-income individuals. She answered questions from the committee regarding affordable housing, dedicated funding, and the steep increases in rent.



03:16 PM --
Monica Martinez, representing the Fax Partnership, spoke in support of the bill. She explained that her organization is trying to preserve affordable housing on the East Colfax corridor.























03:19 PM --
Neil Mendel, representing the Mendel Development Company, spoke in favor of the measure. He explained the difficulties and complexities of securing funding for affordable housing projects. He stressed that the bill is important as many of the federal funding sources are drying up. He answered questions from the committee regarding carry-backs and funding sources.



03:32 PM -- Don May, representing himself, spoke in support of the bill. He explained his experience working in the affordable housing field and confirmed that Colorado has no permanent funding source for low-income housing.



03:40 PM --
Cathy Alderman, representing the Colorado Coalition for the Homeless, presented a neutral position on the bill. She explained that the bill should be more focused on low-income housing. She discussed the 100-unit housing development the Colorado Coalition for the Homeless has financed and developed for chronically homeless individuals. She answered questions from the committee about leveraging funds and wrap-around services.



03:58 PM --
Richard Cimino, representing Grand County, spoke in support of the measure. Mr. Cimino explained that he is a Grand County Commissioner, and discussed the problems his county is facing regarding affordable housing. He answered questions from the committee about seasonal workers and equitable distribution of the funds.



04:09 PM --
Kevin Marchman, representing the Stapleton Development Corporation, spoke in support of the bill. He explained that housing funds at the federal level are decreasing and Colorado needs to a response in place.



04:14 PM --
Ed Shackelford, representing the Colorado Senior Lobby, testified in support of the bill. He discussed seniors and affordable housing.



























































04:18 PM



Representative Jackson distributed Amendment L.001 (Attachment A).



17HouseLocalGov0426AttachA.pdf17HouseLocalGov0426AttachA.pdf

BILL: HB17-1309
TIME: 04:22:51 PM
MOVED: Singer
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED: Kennedy
VOTE
Coleman
Exum
Kennedy
Liston
McKean
Navarro
Ransom
Singer
Thurlow
Valdez
Wilson
Rosenthal
Lebsock
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















































04:23 PM



Representative Singer distributed amendment L.002 (Attachment B).



17HouseLocalGov0426AttachB.pdf17HouseLocalGov0426AttachB.pdf

BILL: HB17-1309
TIME: 04:23:46 PM
MOVED: Singer
MOTION: Adopt amendment L.002 (Attachment B). This motion was withdrawn.
SECONDED: Lebsock
VOTE
Coleman
Exum
Kennedy
Liston
McKean
Navarro
Ransom
Singer
Thurlow
Valdez
Wilson
Rosenthal
Lebsock
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn





04:28 PM



Representative Jackson made closing remarks and stressed the importance of safe and affordable living options.



































04:30 PM



Representative Winter gave her closing remarks and emphasized that affordable housing is a statewide problem.

BILL: HB17-1309
TIME: 04:33:03 PM
MOVED: Singer
MOTION: Refer House Bill 17-1309, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Rosenthal
VOTE
Coleman
Yes
Exum
Yes
Kennedy
Yes
Liston
No
McKean
No
Navarro
No
Ransom
No
Singer
Yes
Thurlow
No
Valdez
Yes
Wilson
No
Rosenthal
Yes
Lebsock
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



















































04:40 PM -- HB17-1311



Representative Weissman and Representative Michaelson Jenet, co-prime sponsors, explained HB17-1311 concerning the disclosure of future estimated property taxes for the sale of a newly constructed residence. They distributed the following handouts: a table depicting various property tax scenarios (Attachment C); a property tax and valuation timeline (Attachment D); and an example of a loan agreement (Attachment E). They explained how the bill would help home buyers better understand how property taxes are assessed in Colorado.



17HouseLocalGov0426AttachC.pdf17HouseLocalGov0426AttachC.pdf 17HouseLocalGov0426AttachD.pdf17HouseLocalGov0426AttachD.pdf



17HouseLocalGov0426AttachE.pdf17HouseLocalGov0426AttachE.pdf



The representatives also distributed Amendment L.002 (Attachment F). They explained that the state Department of Local Affairs (DOLA) was involved in the drafting of the amendment. The amendment is a strike-below and creates an on-line tool that projects property taxes on specific addresses.



17HouseLocalGov0426AttachF.pdf17HouseLocalGov0426AttachF.pdf



04:51 PM -- Bruce Eisenhauer, representing DOLA, answered questions from the committee. He explained that he was unsure about the fiscal impact of the amendment.



04:54 PM -- Larson Silbaugh, economic and fiscal analyst with Legislative Council Staff, answered questions from the committee about the potential fiscal impact of the bill, as amended. He explained that he would need to prepare an updated fiscal note based on the proposed amendment in order to answer the questions posed by the committee.





04:58 PM




Chairman Lebsock announced that the vote on both the bill and amendment would be laid over until the following day as an action-only item and related testimony would be heard at this hearing.



































05:00 PM



Representative Weissman and Michaelson Jenet answered further questions from the committee about the state property tax administrator, real estate agents, the development and accuracy of the on-line tool, and mill levy and other tax rates.



05:15 PM --
Scott Smith, representing the Colorado Association of Homebuilders, opposed the bill as introduced but expressed that he was neutral on the bill if amended. He explained that taxes are included in real estate closing documents, but emphasized that taxes are subject to change.





05:22 PM



Representative Michaelsen Jenet made closing remarks and stated that the online tax rate tool the bill would create primarily applies to newly constructed homes





05:23 PM



Chairman Lebsock laid over the bill until April 27, 2017, with the meeting to be held upon adjournment of the House.





05:26 PM -- HB17-1354



Representative K. Becker explained HB17-1354 concerning the collection of delinquent taxes on mobile homes. The bill modifies procedures for county treasurers to collect delinquent taxes on mobile homes, including manufactured homes, that are not affixed to the ground. Under current law, county treasurers must enforce collection of delinquent taxes on mobile homes through a court action or by seizing and selling the mobile home. The bill gives discretion to county treasurers to determine how to collect delinquent taxes on mobile homes. In addition, the bill authorizes a county treasurer to declare tax liens for mobile homes as county-held, and to prevent tax liens for mobile homes from being sold to investors.



Representative Becker distributed an article about tax liens on mobile homes in Boulder County (Attachment G) and responded to committee questions.



17HouseLocalGov0426AttachG.pdf17HouseLocalGov0426AttachG.pdf



05:34 PM --
Jill Grano, representing herself, spoke in support of the bill. She explained that many vulnerable individuals live in mobile home communities and are terrified of losing their homes. She further explained that mobile homes should be treated as real property and given the same amount of time and leeway to work out taxes, titles, and other related issues.























05:44 PM




Representative K. Becker emphasized that mobile home values in Boulder are not representative statewide.

05:45 PM --
John Lafebvre, representing Weld County and the Colorado Treasurer's Association, spoke in support of the bill. He explained that Weld County has a high number of mobile homes and answered questions from the committee regarding the transference of mobile homes, titles, and taxes.



05:51 PM --
Ed Shackelford, representing the Colorado Senior Lobby, spoke in support of the bill. He explained that forty to fifty percent of mobile home residents are seniors, and mobile homes are increasingly being looked at as a solution to affordable housing.



05:52 PM -- Kristopher Grant, representing the Colorado Center on Law and Policy, testified in support of the bill. Although in support, he reported that he would like to see an amendment on the bill because it does not offer any long-term solutions.





05:56 PM



The committee discussed the bill and provided reasons for supporting it.







































































06:00 PM




Representative K. Becker made closing comments.

BILL: HB17-1354
TIME: 06:02:26 PM
MOVED: Singer
MOTION: Refer House Bill 17-1354 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED: Liston
VOTE
Coleman
Yes
Exum
Yes
Kennedy
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





06:03 PM -- HB17-1312



Representative Exum, co-prime sponsor, explained HB17-1312 regarding residential lease copy and rent receipt. He reported that Representative Benavidez was presenting a bill in another committee and would join this hearing later. The bill requires a residential landlord to provide each tenant with a copy of a written rental agreement signed by the parties and to give a tenant a receipt for a payment made with cash or a money order. The landlord may provide the tenant with an electronic copy of the agreement or the receipt, unless the tenant requests a paper copy. He answered questions from the committee.



06:06 PM -- Dana Lowry, representing the Colorado Apartment Association, spoke in opposition to the bill. He explained that most landlords or property owners provide receipts, and they do not want to be penalized for a problem that does not exist. He answered questions from the committee regarding money orders, cash payments, and drop-boxes.























06:11 PM -- Shauna Olan, representing an apartment complex in Aurora, spoke in opposition to the bill. She explained rent policies at the apartment complex where she works. She emphasized that it is good practice to issue receipts, but does not support the mandatory language in the bill.

.



06:18 PM



Representative Kennedy explained that not every landlord is upstanding.



Representative Liston expressed concerns that the bill is cumbersome for big apartment buildings.



06:30 PM --
Angelica Venegas, representing Growing Home, spoke in favor of the bill. She explained that rent receipts are often necessary for proof of residency.



06:34 PM -- Refugio Vanagas, representing Growing Home, spoke in support of the bill. He recounted several situations where he could not find a manager for a receipt. He explained that undocumented individuals need rent receipts for medical care and social security.



06:49 PM --
Jack Regenbogen, representing the Colorado Center on Law and Poverty, spoke in favor of the bill. He distributed a position paper (Attachment H). He reported that a large number of landlords provide receipts but some do not and a record of payment is necessary for many renters.



17HouseLocalGov0426AttachH.pdf17HouseLocalGov0426AttachH.pdf



06:52 PM --
Ed Shackelford, representing the Colorado Senior Lobby, spoke in support of the bill. He explained that many seniors need help keeping track of payments, and this bill would help caretakers as well.



06:53 PM --
Aubrey Hasvold, representing the Colorado Coalition for the Homeless, spoke in favor of the measure. She reported that the number of individuals renting is on the rise, and a miscommunication about payment could easily end in an eviction.



06:56 PM --
Brian Igel, representing Denver Urban Matters, spoke in support of the bill. He explained that some receipts are not official and cannot be used to apply for services, such as food stamps. He recommended an official or standardized receipt for these purposes.









































07:03 PM




Representative Navarro expressed concerns that this bill is not of statewide concern.




Representative McKean discussed concerns that the bill does not have an enforcement mechanism or include any standardization language.



Representative Liston stated that the bill could have unintended consequences if landlords decide not to accept checks or cash because of the receipt requirement.



07:11 PM --
April Jones, representing Colorado Affordable Legal Services, spoke in support of the measure. She explained her experiences as an attorney who represents tenants. She answered questions from the committee regarding evictions, the importance of having copies of lease and rent receipts, undocumented and low-income individuals, and seniors. She emphasized that the bill would primarily apply to small apartment owners as large complexes do not take cash.



07:14 PM --
Lynette Garcia, representing Growing Home, spoke in support of the bill. She stated that the bill is a simple concept, and tenants just want a receipt.



07:35 PM --
Andrea Chiriboga-Flor, representing 9to5 Colorado, spoke in support of the bill. She stressed that it is a common sense bill that could easily benefit many people.





07:38 PM



Representative Benavidez, co-prime sponsor, joined the committee and made closing remarks.

























































07:42 PM



Committee members expressed their reasons in support of or opposition to the bill.

BILL: HB17-1312
TIME: 07:49:50 PM
MOVED: Exum
MOTION: Refer House Bill 17-1312 to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Singer
VOTE
Coleman
Yes
Exum
Yes
Kennedy
Yes
Liston
No
McKean
No
Navarro
No
Ransom
No
Singer
Yes
Thurlow
No
Valdez
Yes
Wilson
No
Rosenthal
Yes
Lebsock
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:58 PM -- SB17-252



Representative Coleman and Representative Liston, co-prime sponsors, explained SB17-252, concerning the authority of a board of any political subdivision to enter into contracts for utility cost savings. Under current law, local governments may enter into contracts for utility cost-savings which are defined to include installations, modifications, or services designed to reduce energy consumption and operating costs in buildings or other facilities. This bill authorizes local governments to enter into utility cost-savings contracts for increasing meter accuracy and clarifies that operation and maintenance cost-savings calculations must be made on a net basis.

































The representatives distributed a fact sheet regarding the bill (Attachment I). They answered questions from the committee and emphasized that the bill allows boards and businesses to enter into energy cost-saving contracts.



17HouseLocalGov0426AttachI.pdf17HouseLocalGov0426AttachI.pdf



08:07 PM --
Jorge Figueroa, representing Western Resource Advocates, spoke in support of the measure. He reported that the bill enables the financing of energy-efficient projects. He answered questions from the committee about water stewardship goals, meter accuracy, and water sustainability.



08:12 PM --
Paul Engle, representing Ameresco, spoke in support of the bill. He discussed aging infrastructure, water meters, and the importance of accurately measuring water usage. He answered questions from the committee and relayed that Colorado Counties, Inc, although not present, also supports the measure.





08:23 PM



Representative Coleman and Representative Liston made closing remarks.

BILL: SB17-252
TIME: 08:23:43 PM
MOVED: Coleman
MOTION: Refer Senate Bill 17-252 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED: Liston
VOTE
Coleman
Yes
Exum
Yes
Kennedy
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



















08:29 PM -- HB17-1348



Representative Lebsock, sponsor, explained HB17-1348, regarding high occupancy vehicle (HOV) requirements on North I-25. The bill specifies that on and after July 1, 2018, the use of any north interstate highway 25 express lane that is operated or managed by the high-performance transportation enterprise or by a partner of the transportation enterprise under the terms of a public-private partnership is free for any motor vehicle that is occupied by 2 or more individuals, including the driver.



Representative Lebsock explained that this bill is about the Colorado Department of Transportation (CDOT) not keeping promises to local governments. He emphasized trust and accountability and gave an example along the North I-25 corridor in which CDOT did not keep their word.



08:56 PM -- Ron Papsdorf, representing CDOT, spoke in opposition to the bill. He discussed high-volume corridors, traffic flow, tolls, funding, and express lanes. He stated that the bill's provision regarding HOV 2 instead of HOV 3 will jeopardize the funding mechanisms on a current North I-25 project



09:15 PM -- Gene Putnam, representing himself, spoke in favor of the bill. He explained his frustrations working with CDOT while he was employed at the city of Thornton. He also discussed traffic patterns, funding, the North I-25 corridor, and local government and state relationships.









































































09:33 PM



Representative Lebsock made closing remarks. He stressed that this bill is about trust, not revenue.

BILL: HB17-1348
TIME: 09:35:28 PM
MOVED: Lebsock
MOTION: Refer House Bill 17-1348 to the Committee on Transportation and Energy The motion passed on a vote of 7-6.
SECONDED: Kennedy
VOTE
Coleman
Yes
Exum
Yes
Kennedy
Yes
Liston
Yes
McKean
No
Navarro
No
Ransom
No
Singer
Yes
Thurlow
No
Valdez
Yes
Wilson
No
Rosenthal
No
Lebsock
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





09:36 PM




The committee adjourned.


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