Wildfire Commission (09/25/2012)

Final
STAFF SUMMARY OF MEETING

WILDFIRE COMMISSION

Date:	09/25/2012	ATTENDANCE

Time:	09:08 AM to 03:32 PM	Davis	X
		Gerou	X
Place:	SCR 356	Levy	X
		Nicholson	X
This Meeting was called to order by		Roberts	X
	Senator Roberts

This Report was prepared by
	Bo Pogue
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Opening Remarks from the Chair Draft Bill #3 Draft Bill #5 Draft Bill #6 Draft Bill #7 Draft Bill #8 Draft Bill #2 Discussion on Final Report		Discussion Only Recommended to Legislative Council Not Recommended to Legislative Council Recommended to Legislative Council Recommended to Legislative Council Not Recommended to Legislative Council Recommended to Legislative Council Briefing Only

09:09 AM -- Opening Remarks from the Chair

The commission was called to order. A quorum was present. Senator Roberts, commission chair, recapped the commission's activities to date, outlined the agenda for the day's meeting, and discussed the commission's charge. She also explained the process for the commission to refer bills to the General Assembly, and other avenues for introducing legislation. Senator Roberts then discussed the processes to be observed as draft legislation is considered. Commission members received copies of the draft bills and prepared amendments (Attachment A).

120925 AttachA.pdf

09:20 AM

Senator Roberts discussed the draft legislation to be considered by the commission.

09:22 AM -- Draft Bill #3 -- Wildfire Matters Review Committee

Mr. Bob Lackner, Office of Legislative Legal Services, briefed the commission on Draft Bill #3, concerning the creation of a permanent interim committee of the General Assembly to review matters relating to wildfires in the state. Discussion ensued regarding the title of the draft bill, and the potential for amending the bill conceptually. The commission members discussed the interim committee process, and the potential for including a sunset provision in the bill. Mr. Lackner responded to questions regarding the scope of the charge of the interim committee created by the bill.

09:35 AM

Discussion ensued regarding the title of the interim committee created by Draft Bill #3. Mr. Lackner responded to questions about the latitude allowed to sponsors for changing draft legislation that comes out of an interim committee. The commission members discussed the process for forwarding legislation to the Legislative Council. Mr. Lackner responded to questions regarding the number of members on the interim committee created by Draft Bill #3.


BILL:	Draft Bill #3
TIME:	09:44:02 AM
MOVED:	Roberts
MOTION:	Moved to increase the number of the interim committee created by Draft Bill #3 to 10 members, with the majority party from each house assigning three and the minority party assigning two members. The motion passed without objection.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Draft Bill #3
TIME:	09:44:41 AM
MOVED:	Levy
MOTION:	Moved to insert a sunset provision after five years for the interim commission created by Draft Bill #3. The motion passed without objection.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

09:45 AM

Discussion ensued regarding the title of the interim committee created by the bill and whether to add "catastrophic" to the title of the bill.


BILL:	Draft Bill #3
TIME:	09:46:05 AM
MOVED:	Nicholson
MOTION:	Moved to amend the title of the commission created by Draft Bill #3 to "Catastrophic Wildfire Review Committee." The motion failed on a 2-2 vote.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	No
	Levy	Yes
	Nicholson	Yes
	Roberts	No


YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	Draft Bill #3
TIME:	09:46:52 AM
MOVED:	Levy
MOTION:	Moved to amend page 3, line 11, after "state policies," insert "and resources." The motion passed without objection.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Draft Bill #3
TIME:	09:49:44 AM
MOVED:	Nicholson
MOTION:	Moved to amend the committee title to include "Forest Health." The motion was withdrawn.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

09:52 AM

Discussion continued among the commission members regarding the effects of changing the title of the committee created by Draft Bill #3 in the manner proposed by Senator Nicholson. Mr. Lackner and the commission members reviewed the amendments to Draft Bill #3 that passed.


BILL:	Draft Bill #3
TIME:	09:58:12 AM
MOVED:	Roberts
MOTION:	Moved to amend line 26, after "relating matters" add: "including, but not limited to public safety and forest health issues." The motion passed without objection.
SECONDED:
		VOTE
	Davis	Excused
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

09:59 AM

The following people testified on Draft Bill #3:

09:59 AM

Andy Hoover, representing himself, suggested that the commission is avoiding its charge, established by House Bill 12-1352, to investigate the causes and effects of the Lower North Fork wildfire.

10:01 AM

Representative Gerou and Senator Roberts provided closing remarks pertaining to the need for the interim committee created by Draft Bill #3.


BILL:	Draft Bill #3
TIME:	10:05:04 AM
MOVED:	Nicholson
MOTION:	Move that Bill #3, concerning the creation of a permanent interim committee, be forwarded by the commission to the Legislative Council, as amended. The motion passed on a vote of 3-1.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	No
	Levy	Yes
	Nicholson	Yes
	Roberts	Yes


YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:06 AM

Discussion ensued between Mr. Lackner and the commission members to determine the sponsors of Draft Bill #3. Representative Levy and Senator Nicholson were designated as the House and Senate sponsors.

10:05 AM -- Draft Bill #5

Mr. Lackner briefed the commission on Draft Bill #5, concerning a requirement that counties adopt land development regulations addressing wildfire risks for property located in wildland-urban interface areas. Mr. Lackner also discussed prepared amendment #1 to the bill (Attachment B). Representative Levy provided further background on the effect of the draft bill and its intent.

120925 AttachB.pdf

10:15 AM

Discussion ensued regarding the mandatory rather than discretionary nature of the bill with respect to local governments, , and changes to the nature of the bill from when it was discussed at the commission's September 5th meeting. Discussion followed regarding the specific land development regulation model referenced in Draft Bill #5, and the impact of the bill on counties and county planning.

10:25 AM

Discussion continued regarding the impact of Draft Bill #5 on county planning and zoning.


BILL:	Draft Bill #5
TIME:	10:26:41 AM
MOVED:	Levy
MOTION:	Move prepared amendment #1, as amended, on page 1, line 6, strike "would" and substitute "shall"; line 10, strike "emergency" and substitute "in emergency conditions." Page 2, line 5, strike "this"; line 6, strike "area" and substitute "the wildland-urban interface." The motion passed on a vote of 3-1.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	No
	Levy	Yes
	Nicholson	Yes
	Roberts	Yes


YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:29 AM

The following persons testified regarding Draft Bill #5:

10:29 AM

Mr. Andy Karsian, representing Colorado Counties, Inc., testified regarding Draft Bill #5, and explained that many of the activities encouraged or mandated by the bill are already being performed at the county level. Mr. Karsian responded to questions regarding the number of counties affected by Draft Bill #5. Discussion ensued regarding the definition of "wildland-urban interface" under the bill.

10:34 AM

Mr. Paul Cooke, Interim Director, Division of Fire Prevention and Control, Department of Public Safety, testified regarding the draft bill, discussed wildfires in the wildland-urban interface, and suggested that land use requirements in these areas would be beneficial. Director Cooke discussed the potential for the state to provide technical assistance to counties in the area of land use.

10:37 AM

Mr. Tom Scanlan, representing himself, testified regarding the draft bill. Mr. Scanlan objected to opening remarks made by the chair, and discussion ensued between Mr. Scanlan and the commissioners concerning the process of draft bills introduced by the commission. Mr. Scanlan discussed the burdens Draft Bill #5 places on local communities, and expressed frustration about the focus of the commission shifting away from the Lower North Fork wildfire to other issues.

10:42 AM

Mr. Andy Hoover requested that his remarks on Draft Bill #3 be incorporated into Draft Bill #5 and forthcoming bill drafts.

10:44 AM

Discussion ensued regarding issues addressed by the land use regulations mandated by the Draft Bill #5 that are already addressed at the county level, and the impact of the bill on local land use control. Representative Levy suggested that local minimum safety standards be established for areas within the wildland-urban interface. Senator Nicholson discussed her experiences as a county commissioner, and provided closing remarks in support of Draft Bill #5. She discussed the potential for creating incentives to comply with the mandates in the bill. Senator Roberts provided closing remarks about Draft Bill #5.


BILL:	Draft Bill #5
TIME:	10:50:51 AM
MOVED:	Levy
MOTION:	Move that Bill #5, concerning a requirement that counties adopt land development regulations addressing wildfire risks in wildland-urban interface areas, as amended, be forwarded by the commission to the Legislative Council. The motion failed on a 2-2 vote.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	No
	Levy	Yes
	Nicholson	Yes
	Roberts	No


YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE

10:52 AM -- Draft Bill #6

Ms. Esther van Mourik, representing the Office of Legislative Legal Services, explained the effect of Draft Bill #6, concerning the extension of financial incentives for wildfire mitigation. The bill extends an income tax deduction of one-half the actual costs of certain wildfire mitigation measures performed on the property of the taxpayer, up to a $2,500 deduction per year. The bill also extends the authority of the Colorado Water Resources and Power Development Authority to issue up to $50 million in bonds for the watershed protection and forest health projects of government agencies through July 1, 2023. Discussion ensued regarding the cost of the financial incentives continued by the bill, and the changes made by the bill to the current in state law.

10:57 AM

The following individuals testified regarding Draft Bill #6:

10:57 AM

Mr. Andy Hoover testified regarding Draft Bill #6 and suggested that the commission is acting beyond the charge of House Bill 12-1352. Discussion ensued regarding the charge of the commission, and the benefits of maintaining financial incentives for wildfire mitigation. Discussion ensued between Mr. Hoover and the commission members concerning the charge of the commission pursuant to House Bill 12-1352.

11:01 AM

Ms. Beth Semptimphelter asked whether the bill's provisions apply to lands owned by the Denver Water Board. Senator Roberts provided additional background on the financial incentives extended by Draft Bill #6. Ms. Septimphelther asked about the maximum tax deduction that may be claimed by individuals under the bill, and the impact of the bill on bonding authority by public utilities. Discussion ensued regarding the ability of the Denver Water Board to claim tax deductions under the bill. Ms. van Mourik provided additional input about the eligibility of the Denver Water Board to claim a tax deduction under Draft Bill #6.

11:09 AM

Mr. Tom Scanlan suggested including a provision in Draft Bill #6 to publicize the tax deduction extended by the bill. Discussion ensued on this point.


BILL:	Draft Bill #6
TIME:	11:10:59 AM
MOVED:	Roberts
MOTION:	Move that Bill #6, concerning the extension of financial incentives for wildfire mitigation, be forwarded by the commission to the Legislative Council. The motion passed on a vote of 4-0.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	Yes
	Levy	Yes
	Nicholson	Yes
	Roberts	Yes


YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:11 AM

Discussion ensued regarding the sponsorship of Draft Bill #6. Senators Nicholson and Roberts, and Representatives Levy and Gerou were designated as the Senate and House co-prime sponsors.

11:12 AM -- Draft Bill #7

Mr. Lackner provided an overview of Draft Bill #7, concerning statewide all-hazards resource mobilization, and, in connection therewith, clarifying the powers and duties of the Department of Public Safety with respect to the statewide all-hazards resource mobilization plan and specifying how mobilized entities receive reimbursement for expenses incurred by rendering assistance.

11:17 AM

Mr. Kevin Klein, Director of the Division of Homeland Security and Emergency Management, Department of Public Safety, provided additional background on the effect of Draft Bill #7. He explained the background on the existing inter-agency all-hazards response system, and explained how Draft Bill #7 improves this system. Discussion ensued regarding the similarities and differences between the system addressed by the draft bill and the emergency response system in place in Washington state. Director Klein responded to questions regarding how the all-hazards resource mobilization system was utilized to respond to the Lower North Fork wildfire, and the reimbursement process between various levels of government under the system. He responded to questions regarding the ability to implement Draft Bill #7 through agency rule making or through other non-legislative means.


BILL:	Draft Bill #7
TIME:	11:34:33 AM
MOVED:	Nicholson
MOTION:	Page 4, line 24, incorporate "will exceed". The motion passed on a vote of 3-1.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	No
	Levy	Yes
	Nicholson	Yes
	Roberts	Yes


YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:31 AM

Mr. Klein returned to address concerns about the all-hazards resource mobilization plan by Mr. Mike Chard, Director of the Boulder County Office of Emergency Management. The commissioners received copies of Boulder County's comments (Attachment C). Senator Nicholson discussed a potential amendment to Draft Bill #6. Discussion ensued regarding the amendment, with Mr. Lackner providing input on the matter.

120925 AttachC.pdf


BILL:	Draft Bill #7
TIME:	11:30:19 AM
MOVED:	Gerou
MOTION:	Move that Bill #7, concerning statewide all-hazards resource mobilization, be forwarded by the commission to the Legislative Council. The motion passed on a vote of 4-0.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	Yes
	Levy	Yes
	Nicholson	Yes
	Roberts	Yes


YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:38 AM

The committee discussed sponsorship for Draft Bill #7. Representatives and Levy and Gerou, and Senators Nicholson and Roberts were designated as the House and Senate co-prime sponsors.

11:39 AM -- Draft Bill #8

Mr. Lackner explained the effect of Draft Bill #8, concerning an increase in the maximum amount that may be recovered from a public entity for an injury to more than any one person in any single occurrence under the "Colorado Governmental Immunity Act" (CGIA). Representative Levy provided additional input on the effect and intent of the bill. Representative Levy responded to questions from commission members regarding the rationale behind the new recovery cap established by Draft Bill #8, and the application of the bill to all torts, not just those involving wildfires. Representative Levy responded to further questions regarding the applicability of the new cap in instances of negligence and liability.

11:47 AM

The following persons testified regarding Draft Bill #8:

11:47 AM

Mr. David Blake, representing the Colorado Attorney General, testified from a neutral position on Draft Bill #8. Mr. Blake updated the commission on the number of claimants of property loss due to the Lower North Fork wildfire, and the total dollar amount of the claims. Mr. Blake provided background on past changes made to the liability caps in the CGIA, and compared these caps to similar caps in other states. Mr. Blake discussed the number of claims received by the Department of Law each year under the CGIA. He also discussed the rationale behind the caps established by Draft Bill #8, and brought up issues regarding the retroactivity of the bill. Mr. Blake discussed the effect of a safety clause in the bill for for claims submitted around the effective date of the bill, if it were to pass out of the General Assembly. Discussion ensued regarding the timing of claims in order to be eligible for the increase proposed in Draft Bill #8. Mr. Blake responded to questions from the commission members regarding the ability of a claimant to open settled claims under the new caps, and the number of claims the Department of Law currently receives that are multiple claims for the same incident. He responded to additional questions regarding the number of claimants of the Lower North Fork wildfire incident were subject to insurance claims, and the applicability of the CGIA to non-property recovery for claimants.

12:04 PM

Mr. Tom Scanlan discussed the amount of money that would be available to individuals who lost property due to the Lower North Fork wildfire under the new caps created by Draft Bill #8. Mr. Scanlan compared his insurance liability limits with the caps in place under the CGIA, and talked about the need for the state to insure itself in matters of negligence.

12:06 PM

Discussion ensued about the timing of Draft Bill #8, and the need to have a more thorough discussion about the CGIA caps. Discussion followed regarding the applicability of the new caps created by the draft bill on the Lower North Fork wildfire, and constitutional issues associated with the effective date of the bill.


BILL:	Draft Bill #8
TIME:	12:11:50 PM
MOVED:	Levy
MOTION:	Move that Bill #8 be forwarded by the commission to the Legislative Council. The motion failed on a 2-2 vote.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	No
	Levy	Yes
	Nicholson	Yes
	Roberts	No


YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE

12:12 PM

The commission recessed.

01:06 PM -- Draft Bill #2

The commission returned to order. Senator Roberts provided background on the drafting process as it pertains to amending bills. Mr. Lackner provided an overview of Draft Bill #2, concerning the creation of a prescribed burning program under the Division of Fire Prevention and Control in the Department of Public Safety, and, in connection therewith, specifying the power and duties of the division and its director with respect to that program. Commission members received a pre-amended version of the bill (Attachment D), as amended by prepared amendment #2 (Attachment E), and also received prepared amendment #1 (Attachment F).

120925 AttachD.pdf

120925 AttachE.pdf

120925 AttachF.pdf

01:18 PM

Mr. Lackner continued to provide an overview of Draft Bill #2, as amended by prepared amendment #2. Senator Roberts discussed the process for forwarding the bill for introduction in the General Assembly.

01:23 PM

The following people testified regarding Draft Bill #2:

01:23 PM

Mr. Paul Cooke, Interim Director for the Division of Fire Prevention and Control within the Department of Public Safety, discussed the transfer of wildland fire responsibilities to the Department of Public Safety, and explained how Draft Bill #2 clarifies the responsibility for conducting prescribed burns. Mr. Cooke explained how certain prescribed burn guidelines were integrated into the bill, and discussed the stakeholders affected by the bill. Mr. Cooke discussed the elements covered by Draft Bill #2, and the guidelines that would be established by rulemaking under the bill. Mr. Cooke responded to questions regarding how the policies enacted under the draft bill would help to prevent future occurrences similar to the Lower North Fork wildfire.

01:34 PM

Discussion continued regarding provisions in the bill that may help to avoid a situation similar to the Lower North Fork wildfire in the future. Mr. Cooke responded to questions regarding current policy pertaining to taking weather, such as wind events, into consideration when conducting controlled burns, and the need to amend Draft Bill #2 to address this issue. The discussion included details of the particular weather patterns associated with the Lower North Fork wildfire. Mr. Cooke responded to further questions regarding how sound science is incorporated into the prescribed burning program created by Draft Bill #2.

01:47 PM

Mr. Cooke explained the ramifications of not moving forward with Draft Bill #2. Mr. Cooke responded to questions regarding the level of specificity contained in the bill for governing the prescribed burning program, such as specific directives for apportioning costs among participating entities. The discussion returned to taking certain considerations such as weather into account when conducting prescribed burns under Draft Bill #2.

01:58 PM

Discussion continued regarding taking weather into account when conducting prescribed burns under Draft Bill #2. Mr. Cooke responded to questions regarding specific language in the draft bill concerning considering alternatives to prescribed burning, and the burning of masticated fuels in controlled burns. Discussion ensued regarding options available for removing fuels from the forest. Mr. Cooke responded to further questions regarding the preemption by the state of a landowner's decision to conduct a prescribed burn under Draft Bill #2, and a provision in the bill concerning assessing the need to conduct a prescribed burn.

02:10 PM

Representative Gerou explained the effect of amendment #1 to Draft Bill #2. Mr. Cooke provided input on the amendment. Representative Gerou discussed the reasons for bringing amendment #1 forward. Mr. Cooke reiterated that certain portions of the amendment would be covered by agency rulemaking under Draft Bill #2, and implementing other portions would be problematic. Discussion ensued regarding the public trust in the prescribed burn program.

2:22 PM

Ms. Beth Semptimphelther, representing herself, discussed provisions of Draft Bill #2 and asked the commission about being part of stakeholder meetings during the legislative process to suggest changes to the draft bill. Ms. Semptimphelter responded to questions from the commission members about the content of the draft bill, and the commission members received a packet of information from Ms. Semptimphelter (Attachment G).

120925 AttachG.pdf

2:28 PM.

Tom Scanlan, representing himself, addressed the committee to discuss problems with having prescribed burns in the state being under the oversight of the Division of Fire Prevention. He discussed the need to add incentives for the timber industry to clear forest fuels from Colorado forests. Mr. Scanlan also express interest in being part of any stakeholder meetings during the legislative process for Draft Bill 2.

2:34 PM

Commissioner Roberts discussed present and future projects in Colorado where the timber industry was operating projects that involved forest thinning.

2:34 PM

Scott Appel, representing himself, explained the difficulty of losing everything to the Lower North Fork wildfire, and talked about the problems with using prescribed fire as a tool for forest health. He cautioned against using prescribed burns simply because it is the cheapest method for clearing forest areas. Mr. Appel questioned the reasons and benefits for performing the prescribed burn that resulted in the Lower North Fork wildfire.

2:41 PM

Sharon Scanlan, representing herself, expressed concerns with the statements made by Director Cooke about the events that resulted in the Lower North Fork wildfire, and she warned about performing prescribed burns in the type of climate and environment that resulted in the Lower North Fork wildfire.

2:45 PM

Discussion ensued between the commission members concerning the additions to the bill under prepared amendment #2 (Attachment E).


BILL:	Bill #2
TIME:	02:10:55 PM
MOVED:	Nicholson
MOTION:	Amend preamended version of Draft Bill 2, Line 14, Page 7, Strike "encourage"and "evaluation: and insert: "evaluate". The motion passed without objection.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Bill #2
TIME:	02:11:40 PM
MOVED:	Gerou
MOTION:	Moved prepared amendment #1 (Attachment F). The motion failed on a vote of 1-3.
SECONDED:
		VOTE
	Davis	Excused
	Gerou	Yes
	Levy	No
	Nicholson	No
	Roberts	No


YES: 1 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	Bill #2
TIME:	02:11:11 PM
MOVED:	Roberts
MOTION:	Moved prepared amendment #2 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

2:56 PM

Director Cooke responded to questions from the commission members concerning a proposed amendment by Representative Levy to eliminate provisions in the bill concerning the cost analysis of a prescribed burn covered on page 15.


BILL:	Bill #2
TIME:	02:51:10 PM
MOVED:	Levy
MOTION:	Moved to amend preamended version of Daft Bill #2: strike lines 21-27 on page 15 and strike lines 1-5 on page 16. The motion passed without objection.
SECONDED:
		VOTE
	Davis
	Gerou
	Levy
	Nicholson
	Roberts


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Bill #2
TIME:	03:01:55 PM
MOVED:	Roberts
MOTION:	Moved that Draft Bill #2, concerning the creation of a state prescribed burning program, be forwarded to Legislative Council, as amended. The motion passed on a vote of 4-0.
SECONDED:
		VOTE
	Davis
	Gerou	Yes
	Levy	Yes
	Nicholson	Yes
	Roberts	Yes


Final YES: 4 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

3:02 PM

Senators Nicholson and Roberts, and Representatives Gerou and Levy were designated as the Senate and House co-prime sponsors.

3:04 PM

The commission members discussed a motion made by Representative Gerou that the commission request the Governor to immediately implement the provisions of House Bill 12-1361 for the victims of the Lower North Fork wildfire. Discussion ensued concerning the motion and the Colorado Governmental Immunity Act.


BILL:	Bill #2
TIME:	03:09:19 PM
MOVED:	Gerou
MOTION:	Move that the commission send a letter to the Governor requesting the immediate implementation of House Bill 12-1361. The motion failed on a vote of 1-4.
SECONDED:
		VOTE
	Davis	No
	Gerou	Yes
	Levy	No
	Nicholson	No
	Roberts	No


YES: 1 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:11 PM -- Discussion on Final Report

Julia Jackson, Legislative Council Staff, discussed the requirement for the commission to produce a final report by the end of 2012. Ms. Jackson discussed the time line for staff to draft the commission's final report and distributed a memorandum to the commission concerning the deadlines for the final report (Attachment H).

120925 AttachH.pdf

03:18 PM

Ms. Jackson responded to questions from Representative Gerou concerning the inclusion of a dissenting opinion or minority report into the final report if it is submitted by any member of the commission. Discussion ensued between the commission members concerning the content of the report and the inclusion of a minority report.

03:22 PM

Jack Laughlin, Service Division Manager, Department of Corrections, addressed the committee to discuss the department's State Wildland Inmate Fire Team (SWIFT) crews where inmates comprise wildfire fighting crews. Mr. Laughlin discussed the need for the department to have the authority for a continuous budget appropriation to fund the SWIFT program, and responded to questions about the program and the department's budget. Discussion ensued among the commission members concerning the SWIFT program. Commission members received a memorandum from Mr. Laughlin concerning the inmate firefighting program (Attachment I).

120925 AttachI.pdf

03:32 PM

The commission adjourned.