Joint Committee Committee on Legislative Council (10/15/2012)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGISLATIVE COUNCIL

Date:	10/15/2012	ATTENDANCE

Time:	09:03 AM to 09:40 AM	Boyd	X
		Cadman	*
Place:	HCR 0112	Carroll	X
		Court	X
This Meeting was called to order by		Duran	X
	Representative McNulty	Ferrandino	X
		Grantham	*
This Report was prepared by		Hodge	X
	Hillary Smith	Kerr J.	X
		Morse	X
		Nikkel	X
		Priola	X
		Renfroe	X
		Scheffel	*
		Stephens	X
		Todd	X
		Shaffer B.	*
		McNulty	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Water Resources Review Committee Police Officers' and Firefighters' Pension Reform Commission Educational Success Task Force Transportation Legislation Review Committee Lower North Fork Wildfire Commission		Recommendations Approved Recommendation Approved Recommendations Approved Seven Recommendations Approved, One Not Approved Recommendations Approved

09:03 AM -- Water Resources Review Committee

Speaker McNulty, chair, called the committee to order. He explained that the purpose of the meeting is to decide whether bills proposed by interim committees fit the charge of the interim committee.

Representative Sonnenberg, Water Resources Review Committee Chair, came to the table to present Bills A through F and Resolutions A and B recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment A. The bills are as follows:

WRRC Merged.pdf

Bill A — Final Well Permit Requirements for Denver Basin Designated Basin Wells. Bill A deletes the requirement for a final permit for all wells withdrawing designated ground water from the Denver Basin aquifers.

Bill B — Promote Water Conservation in Designated Basins. Bill B directs the Ground Water Commission to disregard the decrease in use of water from water conservation programs in its determinations of historical consumptive use.

Bill C — Protect Water Rights Ownership Rights. Bill C prohibits a landowner from demanding as a condition of granting a right-of-way or special use permit that a water right or conditional water right owner assign to the landowner partial or joint ownership of the water right or limit the alienability of the water right. Also, a court may not order as a condition of an eminent domain proceeding that a water right or conditional water right owner assign to the landowner partial or joint ownership of the water right or limit the alienability of the water right. The bill states that any such condition is void and unenforceable as against public policy.

Bill D — Erroneously Located Water Diversion Points. Bill D provides a process for a holder of a decreed water right with an erroneously located point of diversion to apply for a correction in the point of diversion if the point of diversion meets the definition of an "established erroneous point of diversion" as set forth in the bill.

Bill E — Resolution of Ambiguities in Old Water Right Decrees Regarding the Place of Use of Irrigation Water. Bill E creates a mechanism to determine the amount of acreage for an irrigation water right for which the original decree predates 1937 and does not specify the amount of acreage that may be irrigated.

Bill F — Require Rule-making for Changes to General Permits. Bill F requires the Water Quality Control Division to comply with the rule-making procedures set forth in the State Administrative Procedure Act when the division proposes new or amended permit requirements with respect to general permits related to water quality control.

Resolution A — Oppose Forest Service Water Permit Requirements. Resolution A encourages the U.S. Forest Service to rescind its 2012 directive to ski areas concerning the transfer of water rights owned by a ski area to third parties and other policies in which water rights are demanded in exchange for federal permits.

Resolution B — Use Severance Tax Water Infrastructure. Resolution B urges the General Assembly to avoid future diversions of water infrastructure revenues for budget balancing purposes and to remain cognizant of the important role that water infrastructure plays in Colorado's economic and social well being when prioritizing its expenditures.

09:07 AM

Representative Court asked for information about the committee's discussion on Bill F. Representative Sonnenberg noted that it takes seven votes to pass a bill in the Water Resources Review Committee. Representative Priola sought additional information on Bill B. Representative Sonnenberg explained the effects of the bill. Representative Sonnenberg responded to questions from Senator Carroll about Bill A.


BILL:	Water Resources Review Committee
TIME:	09:11:58 AM
MOVED:	Priola
MOTION:	Approve Bills A through F and Resolutions A and B forwarded by the Water Resources Review Committee as fitting under the committee's charge. The motion passed on a vote of 18-0.
SECONDED:	Court
		VOTE
	Boyd	Yes
	Cadman	Yes
	Carroll	Yes
	Court	Yes
	Duran	Yes
	Ferrandino	Yes
	Grantham	Yes
	Hodge	Yes
	Kerr J.	Yes
	Morse	Yes
	Nikkel	Yes
	Priola	Yes
	Renfroe	Yes
	Scheffel	Yes
	Stephens	Yes
	Todd	Yes
	Shaffer B.	Yes
	McNulty	Yes

Final YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:12 AM -- Police Officers' and Firefighters' Pension Reform Commission

Senator Morse, Police Officers' and Firefighters' Pension Reform Commission Chair, came to the table to present Bill A recommended by the commission. The summary report prepared for the Legislative Council Committee, a copy of the bill, and the committee's charge can be found in Attachment B. The bill is as follows:

Police Officers Merged.pdf

Bill A — Fire and Police Pension Association Limitation On Liability. Bill A amends existing statutes related to Fire and Police Pension Association's (FPPA) statewide defined benefit (pension) plan and the statewide death and disability plan. The bill provides that the FPPA is not liable for or obligated to pay any benefit when a local government fails to enroll its employees as members of the FPPA.


BILL:	Police Officers' and Firefighters' Pension Reform Commission
TIME:	09:14:35 AM
MOVED:	Morse
MOTION:	Approve Bill A forwarded by the Police Officers' and Firefighters' Pension Reform Commission as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Duran
		VOTE
	Boyd
	Cadman
	Carroll
	Court
	Duran
	Ferrandino
	Grantham
	Hodge
	Kerr J.
	Morse
	Nikkel
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	Shaffer B.
	McNulty

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

09:15 AM -- Educational Success Task Force

Senator K. King, Educational Success Task Force Co-Chair, came to the table to present Bills A through C recommended by the task force. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment C. The bills are as follows:

Ed Success Merged.pdf

Bill A — Basic & Career & Tech Education Pilot Program. Bill A requires that the State Board for Community Colleges and Occupational Education (board), in consultation with local district junior colleges and area vocational schools, implement a pilot program of 20 career and technical education certificate programs that combine basic education in information and math literacy with career and technical education. Each certificate program must be designed to allow a student to complete the program within 12 months, and each course in a certificate program must combine information and math literacy with career and technical skills. The certificate programs will be available on a pilot basis to underemployed or unemployed adults who have insufficient levels of information or math literacy. The board may enter into memorandums of understanding with local district junior colleges, area vocational schools, and local adult education programs to implement the certificate programs locally. A community college, area vocational school, or local district junior college may choose to offer the certificate programs. Each institution that offers one or more of the certificate programs must report data concerning student participation and results to the Colorado Department of Higher Education. By fall semester of the 2013 academic year, the board is required to have developed ten certificate programs and must develop at least the remaining ten certificate programs by the spring semester of the 2014 academic year. The pilot program repeals on July 1, 2018.

Bill B — Academic Acceleration School District Policy. Bill B requires that, no later than July 1, 2014, each school district and institute charter school adopt a policy concerning academic acceleration for students. The acceleration policy may include academic interventions such as accelerating a student in a single subject, compacting curriculum, concurrent enrollment, credit by examination, advanced placement or international baccalaureate programs, grade acceleration, grade telescoping, early entrance to college, specialized advanced academic programs, and independent academic studies. The policy may also include, but need not be limited to, a process for referral for academic acceleration that ensures fair, systematic, and objective evaluation of students referred; a decision-making process for accelerated placement that involves multiple persons; guidelines for the practice of academic acceleration; guidelines for preventing nonacademic barriers to the use of acceleration as an educational intervention; an appeals process; and an academic acceleration policy evaluation process.

Bill C — Student ID Number for Adult Education Programs. Bill C requires the Commissioner of Education to assign a unique student identifier for each person enrolled in an adult basic education program or high school equivalency certificate (GED) program, if the person has not previously been assigned a state-assigned student identifier in Colorado. The Colorado Department of Education is required to retain records of the state-assigned student identifiers for persons enrolled in adult basic education and GED programs.

09:18 AM

Senator K. King responded to questions from Senator Cadman. Representative Todd asked about the discussions concerning Bill B.


BILL:	Educational Success Task Force
TIME:	09:19:43 AM
MOVED:	Court
MOTION:	Approve Bills A through C forwarded by the Educational Success Task Force as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Todd
		VOTE
	Boyd
	Cadman
	Carroll
	Court
	Duran
	Ferrandino
	Grantham
	Hodge
	Kerr J.
	Morse
	Nikkel
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	Shaffer B.
	McNulty

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

09:20 AM -- Transportation Legislation Review Committee

Senator Hudak, Transportation Legislation Review Committee Chair, came to the table to present Bills A through H recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment D. The bills are as follows:

TLRC Merged.pdf

Bill A — Add Two At-Large Members to Transportation Commission. Bill A adds two at-large members to the Transportation Commission. Under current law, the commission has 11 members representing each transportation district. The two additional at-large members proposed under this bill are appointed by the Governor. One at-large member must reside on the western slope, and the other must reside on the eastern slope. The terms of the at-large members begin on July 1, 2013, and last for four years, but the first term of the western slope at-large member expires July 1, 2015.

Bill B — Report on Alternative Fuel Fleet Vehicles. Under current law, the Department of Personnel (DPA) is required to purchase compressed natural gas (CNG) vehicles if the life cycle or base cost of the vehicle does not exceed ten percent over the cost of a dedicated petroleum vehicle. This bill expands the requirement to include vehicles using other alternative fuels in addition to CNG.

In addition, under this bill, DPA must provide a report to the General Assembly that includes the number of CNG and other alternative fuel vehicles purchased by DPA since 2008, and the number of dedicated petroleum vehicles purchased since 2008 instead of CNG and alternative fuel vehicles. The report must also address a number of policy decisions DPA is taking regarding CNG and alternative fuel vehicles. The report is due March 1, 2013.

Bill C — Vehicle Registration Penalty Statement and Repeal Specialty Plates. Bill C changes the penalty stated on the notice for motor vehicle registration for failure to register a vehicle from $100 to $500 to align with the actual statutory penalty. The bill also eliminates the U.S. Olympic Committee and Colorado Foundation for Agriculture and Natural Resources specialty plates.

Bill D — Penalty for Driving Under the Influence (DUI) Involving Marijuana. Bill D changes the definition of DUI per se to include drivers who test positive for blood that contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter of blood, either while driving or within two hours after driving. Drivers testing positive for blood exceeding this threshold will be subject to the same penalties as stated for DUI per se. The bill also alters the definition of habitual user.

Bill E -— Ownership Tax Rental Mobile Machinery Electronic. Bill E allows fleet owners of special mobile machinery to file or report electronically with the Department of Revenue (DOR). The bill also allows such fleet owners to pay specific ownership tax directly to the DOR, as opposed to the county clerks where each fleet vehicle operates.

Bill F — Repeal Branch of Service Identifier Fee. Bill F eliminates the fee charged to a member or veteran of the armed services to have a military service branch identifier affixed to his or her driver's license or state-issued identification card. Currently, the identifier requires payment of a $15 fee, which is credited toward the cost of creating the identifier and the Highway Users Tax Fund (HUTF).

Bill G — Vehicle Special License Plate Limit. Bill G limits the number of special license plates to 96 available plate types.

Bill H — PUC Oversight of Rail Fixed Guideway Systems. Bill H aligns state and federal law to prohibit the Public Utilities Commission (PUC) from charging fees to cover the oversight and administration of rail fixed guideway system safety. The PUC may still expend funds from the Public Utilities Fixed Utility Fund to cover administrative expenses.

09:24 AM

Senator Carroll asked for information about Bill A and current transportation districts. Senator Hudak responded to her question. Representative Priola shared additional remarks, as did Senator Carroll. Discussion continued. Representative Ferrandino noted that the Legislative Council Committee's charge is to determine whether the bills fit the committee's charge.

09:27 AM

Senator Morse stated that Bill D is also being considered by the Colorado Commission on Criminal and Juvenile Justice. Representative Court asked for additional information concerning Bill A. Representative Priola responded to her question, as did Senator Hudak.

09:29 AM

Senator Carroll expressed her view that Bill D does not fall under the Transportation Legislation Review Committee's charge.

09:30 AM

Senator Renfroe asked for information about Bill E. He spoke about possible opposition from counties to the bill. Senator Hudak responded to his question.


BILL:	Transportation Legislation Review Committee
TIME:	09:33:16 AM
MOVED:	Cadman
MOTION:	Approve Bills A through C and Bills E through H forwarded by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Cadman
	Carroll
	Court
	Duran
	Ferrandino
	Grantham
	Hodge
	Kerr J.
	Morse
	Nikkel
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	Shaffer B.
	McNulty

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


BILL:	TLRC
TIME:	09:33:45 AM
MOVED:	Priola
MOTION:	Approve Bill D forwarded by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion failed on a 9-9 vote.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Cadman	Yes
	Carroll	No
	Court	No
	Duran	No
	Ferrandino	Yes
	Grantham	Yes
	Hodge	Yes
	Kerr J.	Yes
	Morse	No
	Nikkel	No
	Priola	No
	Renfroe	No
	Scheffel	Yes
	Stephens	No
	Todd	No
	Shaffer B.	Yes
	McNulty	Yes

Final YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE

09:34 AM -- Lower North Fork Wildfire Commission

Senator Roberts, Lower North Fork Wildfire Commission Chair, came to the table to present Bills A through D recommended by the commission. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment E. The bills are as follows:

Lower North Fork Merged.pdf

Bill A — Prescribed Burn Program in the Division of Fire Prevention and Control. Bill A creates the Colorado Prescribed Burning Act, requiring the Division of Fire Prevention and Control to conduct rulemaking and adopt standards for prescribed burning in the state, including the consideration of alternative fuel reduction strategies and the presence of qualified state officials to supervise, and to establish standards for the training and certification of prescribed burn managers. The bill further defines the role of the Division of Fire Prevention and Control in the
Department of Public Safety, as created by House Bill 12-1283, including coordination of multiagency initiatives to reduce fuel loads and conduct a formal review following the escape of a prescribed fire.

Bill B — Wildfire Matters Review Committee. Bill B creates an interim committee to review state policies addressing wildfire prevention and mitigation, with sufficient scope to examine forest health, emergency management, and other issues relating to wildfires. Under the bill, ten members of the General Assembly, five members from the House of Representatives and five members from the Senate, must meet as the Wildfire Matters Review Committee at least once in each legislative interim. By July 1, 2013, three majority party members and two minority party members are to be appointed from each chamber to serve two-year terms. Existing legislative
agency staff must provide assistance to the committee, with cooperation from the Department of Public Safety, the Colorado State Forest Service, and other state and local agencies. The bill contains a five-year sunset provision.

Bill C — Extend Wildfire Mitigation Financial Incentives. Bill C extends the sunset date of two current state statutes that provide financial assistance for wildfire mitigation activities. For tax years 2014 through 2024, Section 1 of the bill provides a deduction from taxable income 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. Eligible wildfire mitigation measures include the creation of a defensible space around structures and fuel reduction. The bill does not require eligible mitigation measures to be preapproved by a community wildfire protection plan, as required
under current statute for tax years 2009 through 2013. Section 2 of the bill extends from July 1, 2013, to July 1, 2023, the authorization 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.

Bill D — All-hazards Resource Mobilization and Reimbursement. Bill D requires that the director of the Division of Homeland Security and Emergency Management in the Department of Public Safety develop a statewide resource mobilization plan, providing for distribution of funding and allocation of other assets in the event of disasters and other large-scale emergencies and incidents. Under the resource mobilization plan, standard procedures will be established for resource mobilization, allocation, deployment, tracking, accounting, demobilization, and integration with the Colorado state emergency operations plan. The bill provides that the Governor or a local emergency manager may request the mobilization of state resources, and that the state will provide personnel for a unified command in such incidents.

09:37 AM

Senator Renfroe sought additional information on Bill C. Senator Roberts clarified that the bill concerns a tax deduction, not a tax credit. She provided statistics concerning the tax deduction.

09:39 AM

Representative Court asked for information about the commission's discussion concerning whether the cap on the government's liability for wildfire damage should be raised. Senator Roberts responded to her question.


BILL:	Lower North Fork Wildfire Commission
TIME:	09:40:30 AM
MOVED:	Ferrandino
MOTION:	Approve Bills A through D forwarded by the Lower North Fork Wildfire Commission as fitting under the committee's charge. The motion passed without objection.
SECONDED:	Duran
		VOTE
	Boyd
	Cadman
	Carroll
	Court
	Duran
	Ferrandino
	Grantham
	Hodge
	Kerr J.
	Morse
	Nikkel
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	Shaffer B.
	McNulty

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

09:40 AM

The committee adjourned.