H_LG_2016A 02/24/2016 01:32:00 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON LOCAL GOVERNMENT
| Date: | 02/24/2016 |
ATTENDANCE
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| Time: | 01:32 PM to 08:53 PM |
Arndt
|
*
|
|
Danielson
|
X
|
||
| Place: | RM 271 |
Klingenschmitt
|
X
|
|
Navarro
|
X
|
||
| This Meeting was called to order by |
Ransom
|
X
|
|
| Representative Fields |
Rosenthal
|
*
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|
|
Saine
|
X
|
||
| This Report was prepared by |
Singer
|
X
|
|
| Damion Pechota |
Thurlow
|
X
|
|
|
Lebsock
|
X
|
||
|
Fields
|
X
|
||
|
X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB16-1163 HB16-1149 HB16-1191 |
Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely |
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01:33 PM -- HB16-1163
Representative Rankin presented HB16-1163 concerning appropriations for noxious weeds. The bill specifies that all state moneys in the Noxious Weed Management Fund are subject to annual appropriations and that any unexpended and unencumbered moneys from an appropriation from the fund remain available for expenditure by the Department of Agriculture in the next fiscal year without further appropriation.
| BILL: | HB16-1163 | |
| TIME: | 01:34:23 PM | |
| MOVED: | Saine | |
| MOTION: | Refer House Bill 16-1163 to the Committee of the Whole. The motion passed on a vote of 10-0. | |
| SECONDED: | Lebsock | |
|
VOTE
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||
|
Arndt
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Yes
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|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
Excused
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|
|
Saine
|
Yes
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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||
01:38 PM -- HB16-1149
Representative Melton presented HB16-1149 concerning budget reporting exemptions for homeowners associations (HOAs). Under current law, common interest communities (referred to in the residential context as HOAs) established prior to the 1992 enactment of the Colorado Common Interest Ownership Act (CCOIA) are exempt from certain budget reporting provisions. The bill removes this exemption and requires that the executive boards of HOAs that predate CCOIA: provide a summary of a proposed budget to each unit owner; hold a meeting for unit owners to consider the proposed budget; and continue using the most recent approved budget if there is a veto of the proposed budget by a majority of unit owners. Representative Melton distributed an informational handout (Attachment A), a document of HOA assessments (Attachment B), a letter from East Hatchet Ranch HOA, Inc. (Attachment C), and a letter from an HOA member (Attachment D).
16HouseLocal0224AttachA.pdf 16HouseLocal0224AttachB.pdf
16HouseLocal0224AttachC.pdf 16HouseLocal0224AttachD.pdf
Representative Melton answered questions from the committee regarding the budget submission process.
01:44 PM -- Jennifer Berman, Office of Legislative Legal Services, provided clarification on the bill.
01:47 PM -- Candice Compton, presenting herself, spoke in favor of the bill. She discussed her experience as an HOA resident and expressed her concerns regarding with the budget requirements in current law.
Ms. Compton answered questions from the committee regarding the budget of her HOA.
01:52 PM -- Paula Moore, representing herself, spoke in favor of the bill. She spoke about her experience on HOA executive boards and discussed the budgetary requirements.
01:58 PM -- John Wallace, representing himself, spoke in favor of the bill. He discussed his experience with HOAs and their annual budget process.
02:01 PM -- Noreen Dahl, representing herself, spoke in favor of the bill. She shared her experience with HOAs and discussed budget requirements.
02:05 PM -- Joy McGlawn, representing herself, spoke in favor of the bill.
Representative Melton provided closing comments on the bill.
| BILL: | HB16-1149 | |
| TIME: | 02:14:05 PM | |
| MOVED: | Saine | |
| MOTION: | Refer House Bill 16-1149 to the Committee of the Whole. The motion passed on a vote of 10-0. | |
| SECONDED: | Singer | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
Excused
|
|
|
Saine
|
Yes
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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||
02:14 PM -- HB16-1191
The committee recessed.
02:20 PM
The committee came back from recess.
Representative Salazar and Representative Melton presented and summarized HB16-1191 concerning the bill of rights for persons who are homeless. This bill establishes a set of rights for persons experiencing homelessness. A person experiencing homelessness is permitted to use public spaces in the same manner as any other person. Public spaces include any property partially or wholly owned by a state or local government, any other property with an easement for public use, and, when used in the context of an enclosed area, only applies to those enclosed areas open to the public. The rights of a person experiencing homelessness are enforceable against both public and private parties, and include the right to: use and move freely in public spaces; rest, which includes sleeping in public spaces and seeking shelter from the elements in a manner that does not obstruct the use of or access to private property; eat and share food; occupy a person's own legally parked car; and maintain privacy over personal property. Providers of services to homeless persons are not obligated to provide shelter or other services that are unavailable.
Representative Melton and Representative Salazar presented a video.
02:34 PM -- Ray Lyall, representing himself, spoke in favor of the bill. He discussed criminalizing the act of homelessness.
02:43 PM -- Mike Homner, representing Boulder Rights Watch, spoke in favor of the bill. He shared his experience with being homeless.
02:47 PM -- Nathan Woodliff Stanley, representing the American Civil Liberties Union (ACLU), spoke in favor of the bill. He shared the ACLU's concerns regarding the unfair treatment of homeless persons.
Mr. Stanley answered questions regarding a case against the City of Grand Junction.
Representative Salazar discussed the definition of homeless individuals in the bill.
03:00 PM
Mr. Stanley answered questions from the committee regarding public space as defined in the bill.
03:10 PM
The committee continued to discuss the provisions of the bill. Representative Salazar answered questions regarding whether space in public universities us considered public space.
Mr. Stanley answered questions regarding public health issues.
03:20 PM
Representative Salazar answered questions regarding private property.
03:23 PM -- Haven Rohnert, representing the Colorado Cross Disability Coalition, spoke in favor of the bill. He discussed his experience with homelessness.
03:28 PM -- Darren O'Connor, representing Boulder Rights Watch, spoke in favor of the bill. He read a story concerning a homeless man who died in jail.
03:32 PM -- Meghan Dollar, representing the Colorado Municipal League, spoke in opposition to the bill. She discussed the issues of homelessness at the municipal level.
Ms. Dollar answered questions from the committee regarding municipal ordinances. She also answered questions regarding potential litigation against municipalities.
03:42 PM -- Dawn Riley Duvall, representing herself, spoke in favor of the bill. She shared a personal story of her uncle who was homeless.
03:46 PM -- Aimee Cox, representing the City of Colorado Springs, spoke in opposition to the bill. She discussed the municipal issues regarding the needs of homeless individuals.
Ms. Cox answered questions regarding ordinances in Colorado Springs.
03:56 PM -- John Parvensky, representing the Colorado Coalition of the Homeless, spoke in favor of the bill. He discussed the issues regarding homelessness.
04:00 PM -- Peter Jacobson, International Council of Shopping Centers, spoke in opposition of the bill. He discussed his concerns regarding safety concerns and issues regarding private property.
Mr. Jacobson answered questions from the committee regarding consequences to the business community.
A letter from the Downtown Denver Partnership, Inc. was distributed to the committee (Attachment E).
16HouseLocal0224AttachE.pdf
04:04 PM -- Tristia Bauman, representing the National Law Center on Homelessness and Poverty, spoke in favor of the bill. She discussed national issues regarding homelessness and the criminalization of homeless individuals.
04:09 PM -- Randle Loeb, representing himself, spoke in opposition to the bill. He discussed the need to provide services and trauma care for homeless individuals.
04:12 PM -- ChairMan SeKu, representing the Black Star Movement for Self-Defense, spoke in favor of the bill. He reiterated previous comments on the bill.
04:16 PM -- Regi Hueoter, representing the City and County of Denver, spoke in opposition to the bill. Ms. Hueoter discussed the programs to try and address homelessness.
Ms. Hueoter answered questions from the committee regarding the regulation of public spaces. She also answered questions regarding the effect of camping bans.
04:26 PM
Ms. Hueoter answered questions from the committee regarding the filing of complaints against violations of camping bans.
04:36 PM -- Becca Butler-Dines, University of Denver College of Law, discussed the data examined while conducting its study on the criminalization of homelessness and spoke in support of the bill. She also discussed the cost of enforcing ordinances against homeless compared with the cost of providing services to the homeless.
04:38 PM -- Elie Zwiebel, University of Denver College of Law, discussed the finding of its study on the criminalization of homelessness and spoke in support of the bill. He also explained that the study is available on the University of Denver College of Law's website.
04:48 PM -- Ms. Butler-Dines and Mr. Zweibel responded to questions from the committee about the findings of the study on the criminalization of homelessness and discussed effective homeless programs in other state's including Utah's Housing First Program. They also distributed a packet of information regarding the study (Attachments F, G, H, and I).
16HouseLocal0224AttachF.pdf 16HouseLocal0224AttachG.pdf
16HouseLocal0224AttachH.pdf Attachment I can be viewed at Legislative Council
04:57 PM -- Ross Cunniff, City of Fort Collins, spoke in opposition to the bill. He discussed ordinances for camping activities.
05:01 PM -- Jeremy Yonce, City of Fort Collins police department, spoke in opposition to the bill. He discussed the current camping ordinance in Fort Collins.
Mr. Cunniff answered questions regarding provide shelter and space for individuals.
05:09 PM -- Alison Daley, representing herself, spoke in favor of the bill. She reiterated previous comments on the bill.
05:12 PM -- Carrie Baatz, People's Access To Homes, spoke in favor of the bill. She discussed the issues of people with disabilities and the lack of affordable housing.
05:14 PM -- Dr. Nori Rost, representing herself, spoke in favor of the bill. She discussed the need of services for individuals.
Dr. Rost and Ms. Baatz discussed the trauma of homeless individuals.
05:20 PM -- Dianna Orf, representing the Associated Governments of Northwest Colorado, spoke in opposition to the bill. She discussed the local issues for addressing homelessness.
05:24 PM -- Rob Smoke, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
Mr. Smoke answered a question from the committee regarding his experience being homeless.
05:32 PM -- Violet Disaquin, representing herself, spoke in favor of the bill. She discussed her experience being homeless.
05:35 PM -- Mary Dancer, representing herself, spoke in favor of the bill. She spoke about her experience with being homeless.
05:39 PM -- Kenndrick Burrell, representing the Denver Homeless Outloud, spoke in favor of the bill. He discussed his experience being homeless.
05:43 PM -- Paul Boden, representing the Western Regional Authority Project, spoke in favor of the bill. He reiterated previous comments on the bill.
05:46 PM -- Sophia Lawson, Denver Street Collaborative Outreach, spoke in favor of the bill. She discussed the impact of criminalization on housing and outreach programs.
05:50 PM -- Stephanie Marrero, representing herself, spoke in favor of the bill. She reiterated previous comments on the bill.
05:57 PM -- Antonio Smith, representing himself, spoke in favor of the bill. He discussed his experience being homeless.
06:03 PM -- Deborah Cave, representing herself, spoke in favor of the bill. She reiterated previous comments on the bill.
06:10 PM -- Arenthian Bohannon, representing himself, spoke in favor of the bill. He discussed his experience being homeless.
06:14 PM -- Benjamin Donlon, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
06:18 PM -- Athena Rose, representing the Denver Homeless Outloud, spoke in favor of the bill.
06:21 PM -- Ken Blosser, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
06:24 PM -- Tate Viviano, Denver Homeless Outloud, spoke in favor of the bill. He reiterated previous comments on the bill.
Mr. Viviano answered questions from the committee regarding his experience with being homeless.
06:28 PM -- Jesse Parris, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
Mr. Parris answered questions from the committee regarding how the provisions of the bill with help homeless individuals.
06:33 PM -- Imran Cooper, representing himself, spoke in favor of the bill. He discussed his experience being homeless.
06:37 PM -- Marcus Hyde, Denver Homeless Outloud, Catholic Workers Community, spoke in favor of the bill. He reiterated previous comments on the bill.
06:41 PM -- Denise Maes, ACLU, responded to questions from the committee.
06:44 PM -- Robert Lopez, Colorado Latin Forum, spoke in favor of the bill. He spoke about his experience being homeless.
06:50 PM -- Lynn Barker, Fort Collins Homeless Coalition, spoke in favor of the bill. She discussed her experience being homeless.
06:56 PM -- T.J. Bryant, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
07:03 PM -- Carol Andersen, League of Women Voters of Colorado, spoke in favor of the bill. She reiterated previous comments on the bill.
07:06 PM -- Daniel Ellen, Occupy Denver, spoke in favor of the bill. He discussed the urban camping ban in relation to the Occupy Denver movement.
07:10 PM -- Frank Surgel, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
07:16 PM -- Reverend Amanda Henderson, representing the Interfaith Alliance, spoke in favor of the bill. She reiterated previous comments on the bill.
Reverend Henderson answered questions from the committee regarding successful programs. She also answered questions regarding food share services in public spaces.
07:24 PM -- David Hughes, representing himself, spoke in favor of the bill. He reiterated previous comments on the bill.
07:29 PM -- Jacob Adams, representing himself, spoke in favor of the bill. He discussed his experience his homelessness.
Mr. Adams answered questions from the committee regarding his involvement in different programs.
07:39 PM -- Mary Anna Thompson, representing herself, spoke in favor of the bill. She shared a personal experiences and issues regarding homelessness.
07:43 PM -- P.J. D'Amico, representing the Buck Foundation, spoke in favor of the bill. He reiterated previous comments on the bill.
07:46 PM -- Lydia Waligorski, Colorado Coalition Against Domestic Violence, spoke in favor of the bill. She discussed homeless issues for women.
Representative Salazar presented and summarized amendment L.001 (Attachment J).
16HouseLocal0224AttachJ.pdf
| BILL: | HB16-1191 | |
| TIME: | 07:51:24 PM | |
| MOVED: | Lebsock | |
| MOTION: | Adopt amendment L.001 (Attachment J). The motion failed on a vote of 5-6. | |
| SECONDED: | Singer | |
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VOTE
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||
|
Arndt
|
No
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
No
|
|
|
Navarro
|
No
|
|
|
Ransom
|
No
|
|
|
Rosenthal
|
Yes
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
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YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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||
Representative Melton and Representative Salazar presented and summarized amendment L.005 (Attachment K).
16HouseLocal0224AttachK.pdf
The committee members discussed the amendment.
| BILL: | HB16-1191 | |
| TIME: | 07:53:42 PM | |
| MOVED: | Lebsock | |
| MOTION: | Adopt amendment L.005 (Attachment K). The motion passed on a vote of 9-2. | |
| SECONDED: | Klingenschmitt | |
|
VOTE
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||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
Yes
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
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YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
Representative Melton presented and summarized amendment L.006 (Attachment L).
16HouseLocal0224AttachL.pdf
The committee members discussed the amendment.
| BILL: | HB16-1191 | |
| TIME: | 08:14:57 PM | |
| MOVED: | Singer | |
| MOTION: | Adopt amendment L.006 (Attachment L). The motion passed on a vote of 6-5. | |
| SECONDED: | Lebsock | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
No
|
|
|
Ransom
|
No
|
|
|
Rosenthal
|
No
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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||
Representative Saine distributed and discussed amendment L.008 (Attachment M).
16HouseLocal0224AttachM.pdf
The committee discussed the amendment.
| BILL: | HB16-1191 | |
| TIME: | 08:21:27 PM | |
| MOVED: | Saine | |
| MOTION: | Adopt amendment L.008 (Attachment M). The motion failed on a vote of 2-9. | |
| SECONDED: | Ransom | |
|
VOTE
|
||
|
Arndt
|
No
|
|
|
Danielson
|
No
|
|
|
Klingenschmitt
|
No
|
|
|
Navarro
|
No
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
No
|
|
|
Saine
|
Yes
|
|
|
Singer
|
No
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
No
|
|
|
Fields
|
No
|
|
|
YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
Representative Singer presented and summarized amendment L.007 (Attachment N).
16HouseLocal0224AttachN.pdf
| BILL: | HB16-1191 | |
| TIME: | 08:23:23 PM | |
| MOVED: | Singer | |
| MOTION: | Adopt amendment L.007 (Attachment N). The motion passed on a vote of 7-4. | |
| SECONDED: | Lebsock | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
No
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
No
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
Representative Melton and Representative Salazar provided closing comments on the bill.
The committee members provided closing comments on the bill.
| BILL: | HB16-1191 | |
| TIME: | 08:51:00 PM | |
| MOVED: | Lebsock | |
| MOTION: | Refer House Bill 16-1191, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6. | |
| SECONDED: | Singer | |
|
VOTE
|
||
|
Arndt
|
No
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
No
|
|
|
Ransom
|
No
|
|
|
Rosenthal
|
No
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
| BILL: | HB16-1191 | |
| TIME: | 08:51:54 PM | |
| MOVED: | Saine | |
| MOTION: | Postpone House Bill 16-1191 indefinitely. The motion passed on a vote of 7-4. | |
| SECONDED: | Thurlow | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
No
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
Yes
|
|
|
Saine
|
Yes
|
|
|
Singer
|
No
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
No
|
|
|
Fields
|
No
|
|
|
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
08:53 PM
The committee adjourned.