H_LG_2016A 04/06/2016 01:33:13 PM Committee Summary

01:33 PM -- SB16-115



Representative Moreno and Representative Conti presented and summarized Senate Bill 16-115 concerning electronic recording technology board. The bill creates the Electronic Recording Technology Board (board) in the Secretary of State's office (SOS) as a Type 1 transfer. The nine-member board is established as an enterprise and is authorized to issue revenue bonds. The board repeals in September 1, 2022, pending a sunset review. The board is authorized to impose a surcharge of up to $2 on all documents that a clerk and recorder retains for recording or filing between January 1, 2017, and December 31, 2021. If imposed, counties are required to collect the surcharge on behalf of the board and transmit it to the State Treasurer for deposit in the newly created Electronic Recording Technology Fund (fund). Revenue in the fund is TABOR-exempt and continuously appropriated to the board to be used for the following:

• developing a strategic plan that incorporates the core goals of security, accuracy, sequencing, online public access, standardization, and preservation of public records;

• determining functionality standards for an electronic filing system that support the core goals;

• issuing a request for proposal for electronic filing system equipment and software that will be available to counties on an optional basis;

• developing best practices for an electronic filing system; providing training to clerk and recorders related to electronic filing systems; and

• making grants to counties to establish, maintain, improve, or replace electronic filing systems for documents that are recorded with a clerk and recorder.

The board is required to give priority for grants to rural counties and counties that do not have sufficient revenue from the surcharge proceeds to maintain their existing electronic filing systems. The bill repeals the SOS's power to ensure uniformity related to electronic filing systems and grants these powers to the board. The board is required to prepare an annual report that is published online about the grants that the board made in the prior fiscal year and also to report to the General Assembly before January 1, 2021, about the overall success of the grant program. The bill also extends the $1 surcharge that a clerk and recorder is currently required to collect and use for the county's core or electronic filing system until December 31, 2026. This surcharge was set to repeal June 30, 2017.



Representatives Moreno and Conti answered questions from the committee regarding the Electronic Recording Technology Board and the services provided. They also discussed why the program is an enterprise.



The committee continued to discuss the fees collected and the designation of the program as an enterprise.



01:45 PM -- Charles Calvin, the Colorado Bar Association, spoke in favor of the bill. He discussed the issues with current recording technology systems.



Mr. Calvin answered questions from the committee regarding obsolete systems.



Mr. Calvin continued to answer questions from the committee regarding state administered programs regarding recording technology.



01:56 PM -- Debra Johnson, County Clerk and Recorder for the City and County of Denver, spoke in favor of the bill. She discussed the recording process for local governments and the current status of technology systems.



02:03 PM -- Pam Anderson, Colorado County Clerks Association, spoke in favor of the bill. She answered a question from the committee regarding privacy capability for recording technology systems. Ms. Anderson discussed the standardization of recording systems.



Ms. Johnson and Ms. Anderson answered a question from the committee regarding upgrades to recording technology systems.



02:11 PM -- Don Booher, Land Title Association of Colorado, spoke in favor of the bill. He discussed the current process and procedures for recording documents with a county.



02:18 PM -- Mike Rosser, Colorado Mortgage Lenders Association, spoke in favor of the bill.



02:20 PM -- Tim Griesmer, Colorado Secretary of State's Office, spoke in favor of the bill.



Representative Conti and Representative Moreno answered questions from the committee regarding the classification of the program as an enterprise fund.



Mr. Griesmer answered a question from the committee regarding existing oversight and funding mechanisms of recording technology systems. He also answered a question regarding the bonding authority.























Representative Moreno answered a question from the committee regarding standard language concerning enterprise funds. Representative Conti discussed the approval process for issuing bonds.



02:31 PM -- Erin Reynolds, Legislative Council Staff, discussed Senate amendments and changes made to the bill. She answered questions from the committee regarding the appropriations made in the provisions of the bill.



02:33 PM -- Ed DeCecco, Office of Legislative Legal Services, answered previous questions from the committee regarding enterprise status.



Representative Conti and Representative Moreno provided closing comments on the bill.



The committee members provided closing comments on the bill.

02:43 PM -- HB16-1340



Representative Tyler presented and summarized House Bill 15-1340 concerning county planning commission approval requirement exemption. Under current law, if a county or regional planning commission has adopted a master plan for all or part of the county or region, then any authorization for or construction of public spaces or buildings in an unincorporated territory of the county, including roads, parks, and public utilities, must be approved by the planning commission. This bill specifies that a planning commission does not need to review a proposed project that is permitted under existing zoning laws or is contemplated by a plan, including the county's master plan, a proposal, or an application that has already been approved by the planning commission.



02:45 PM -- Donald Rosier, Jefferson County Commission, spoke in favor of the bill. He discussed the current process for planning commission approval.



Mr. Rosier answered questions from the committee regarding public hearing meetings regarding public planning projects.





02:55 PM



Mr. Rosier continued to answer questions from the committee regarding types of items that would go through the planning commission approval process. He also answered questions regarding notifications to keep track of project approvals.



Representative Tyler provided closing comments on the bill.



The committee members provided closing comments on the bill.

03:02 PM -- HB16-1303



Representative Landgraf presented and summarized House Bill 16-1303 concerning vacant land sales tax. This bill prevents a Regional Transportation Authority (RTA) from levying sales taxes on a business located on previously vacant property that was annexed by a non-member jurisdiction of the RTA.



Representative Landgraf also distributed an informational handout (Attachment A).



16HouseLocal0406AttachA.pdf



The committee members discussed the provisions of the bill.



































03:12 PM



The committee members continued to discuss the provisions of the bill concerning taxes collected on vacant property.



03:18 PM -- Pat McDevitt, Attorney for the City of Fountain, spoke for information purposes. He provided some clarification regarding the litigation concerning the authority of the RTA to tax vacant property.



Mr. McDevitt answered questions from the committee regarding the litigation process.



03:23 PM -- Marcy Morrison, representing herself, spoke in opposition to the bill. She discussed her experience in local government and the importance of intergovernmental agreements.



Ms. Morrison answered questions from the committee regarding autonomy of local authority.





03:33 PM



Ms. Morrison continued to answer questions regarding the RTA process.



03:35 PM -- Jeff Greene, City of Colorado Springs, El Paso County, spoke in opposition to the bill and responded to prior testimony regarding the Pike Peak RTA. He also discussed an annexation made by the City of Colorado Springs and problems associated with it.



Mr. Greene answered questions from the committee regarding taxing regions.



A magazine on the Pikes Peak RTA (Attachment B), a handout on the timeline for the annexed property (Attachment C), and a map of the annexed property (Attachment D) were distributed to the committee members.



Attachment B can be viewed at Legislative Council 16HouseLocal0406AttachC.pdf



Attachment D can be viewed at Legislative Council





03:49 PM -- Wayne Williams spoke in opposition to the bill. Mr. Williams is representing himself and not as the Secretary or a representative of the Office of the Secretary of State. He explained that he was part of the officials to implement the Pikes Peak RTA. He discussed his concerns with the bill regarding road projects on land that could potentially be annexed.



























Mr. Williams answered questions from the committee regarding road construction projects.



Representative Klingenschmitt distributed a handout on the Pikes Peak RTA (Attachment E).



16HouseLocal0406AttachE.pdf



03:59 PM



Mr. Williams continued to answer questions from the committee regarding taxing regions and services provided.





04:09 PM



Mr Williams continued to answer questions from the committee.



04:22 PM -- Tyler Stevens, Mayor pro tem for Green Mountain Falls, spoke in opposition to the bill. He said that Green Mountain Falls is part of the Pikes Peak RTA.



Mr. Stevens answered questions regarding concerns with governmental agreements.



04:28 PM -- Andy Mereitt, Colorado Springs Regional Business Alliance, spoke in opposition to the bill. He discussed the importance of infrastructure to business development.



04:39 PM -- Ed Icenugle, Legal Council for Pikes Peak RTA, spoke in opposition to the bill. He discussed the current litigation regarding the continuation of the Pike Peak RTA tax.



Mr. Icenugle answered questions from the committee regarding the cause for the litigation.



The committee members discussed the levels of taxation in different taxing regions.



04:58 PM -- Scott Trainor, City of Fountain, spoke in favor of the bill. He distributed a informational document on the construction of the annexed land (Attachment F) and a copy of receipt with the regional tax (Attachment G). Mr. Trainor discussed the understanding association with taxing in the annexed land.



16HouseLocal0406AttachF.pdf 16HouseLocal0406AttachG.pdf





























05:08 PM



Mr. Trainor answered questions from the committee regarding the Pikes Peak RTA.



05:19 PM -- Tony Gagliardi, National Federation of Independent Business, spoke in favor of the bill. He discussed his concerns regarding tax issues in the annexed area and the impact to businesses.



Representative Klingenschmitt presented and summarized amendment L.002 (Attachment H).



16HouseLocal0406AttachH.pdf



Kate Meyer, Office of Legislative Legal Services, provided clarification amendment L.002.

Rep. Landgraf distributed and discussed amendment L.001 (Attachment I).



16HouseLocal0406AttachI.pdf

Representative Landgraf provided closing comments on the bill.



The committee members provided closing comments on the bill.

05:44 PM



The committee adjourned.