House Committee on Local Government (02/13/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	02/13/2012	ATTENDANCE

Time:	01:30 PM to 04:41 PM	Conti	*
		Fields	X
Place:	HCR 0111	Gardner B.	X
		Kerr J.	X
This Meeting was called to order by		Labuda	X
	Representative Szabo	Lee	X
		Pace	X
This Report was prepared by		Soper	X
	Raegan Robb	Swerdfeger	X
		Balmer	X
		Szabo	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1117 HB12-1094 HB12-1157 HB12-1099 HB12-1207		Amended, Referred to the Committee of the Whole Laid Over Amended, Referred to the Committee of the Whole Referred to Appropriations Referred to the Committee of the Whole

01:30 PM

Representative Szabo, committee chair, called the meeting to order.

01:31 PM -- House Bill 12-1117

Representative Balmer, prime sponsor, presented House Bill 12-1117, concerning the ability of a local government to permit the collection of charitable solicitations from motorists on a certain number of days per calendar year. Representative Balmer explained that the bill allows local governments to authorize charitable organizations to solicit donations on public roadways. He talked about problems with Senate Bill 11-270, which was postponed indefinitely due to the fact that it only allowed public safety officers to conduct charity events in roadways. He explained that House Bill 12-1117 allows any charitable organization to hold a collections event with the approval of the local government, and the area of solicitation must be completely within the jurisdiction of the local government. Representative Balmer addressed questions from the committee concerning the safety clause in the bill and the other types of charitable organizations that may solicit donations from motorists. Committee discussion ensued concerning the "Fill The Boot" campaigns for the Muscular Dystrophy Association (MDA), safety for firefighters collecting donations in roadways for the MDA, and whether the bill should limit the number of charitable collection events per year.

01:46 PM

Dennis Eulberg, representing Colorado Professional Fire Fighters, testified in support of the bill, discussed the importance of continuing to allow fire departments to collect donations for the MDA, and talked about the need for the bill to allow local governments to approve events where donations are collected from motorists. Mr. Eulberg addressed questions from the committee concerning safety for firefighters during collection campaigns for the MDA, and talked about the need for collaboration between fire departments and local governments to plan appropriate donation periods. Committee members received handouts concerning other states that allow soliciting from motorists (Attachment A) and the impact of local ordinances that allow or ban the charitable campaign for the MDA (Attachment B). Committee discussion ensued concerning laws in other states that have authorized fire departments to collect donations from motorists in roadways.

01:59 PM

Kevin Bommer, representing the Colorado Municipal League (CML), addressed the committee to provide background concerning charitable organizations collecting donations from motorists, and discussed Senate Bill 11-270, which CML opposed.

02:00 PM

Steve Findley, representing the MDA, testified in support of the bill, explained that his son has muscular dystrophy, and discussed the importance of the MDA.

02:01 PM

Kimberley Horan, representing the MDA, testified in support of the bill, explained that her three sons all have muscular dystrophy, and discussed the importance of allowing fire departments to collect donations on behalf of the MDA.

02:03 PM

Tricia Essenpreys, representing the MDA, testified in support of the bill and discussed the importance of the Fill The Boot campaigns for the MDA.

02:05 PM

Pam Feely, representing the West Metropolitan Fire District, testified in support of the bill, discussed Fill The Boot campaigns conducted by the West Metropolitan Fire District, and explained that firefighters are protected under the liability of the MDA during these campaigns.


BILL:	HB12-1117
TIME:	02:07:30 PM
MOVED:	Lee
MOTION:	Moved amendment L.001 (Attachment C). The motion passed without objection.. The motion passed without objection.
SECONDED:	Conti
		VOTE
	Conti
	Fields
	Gardner B.
	Kerr J.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Balmer
	Szabo

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


BILL:	HB12-1117
TIME:	02:08:20 PM
MOVED:	Balmer
MOTION:	Moved to refer House Bill 12-1117, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.. The motion passed on a vote of 11-0.
SECONDED:	Pace
		VOTE
	Conti	Yes
	Fields	Yes
	Gardner B.	Yes
	Kerr J.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Balmer	Yes
	Szabo	Yes

YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:15 PM -- House Bill 12-1094

Representative A. Kerr, prime sponsor, presented House Bill 12-1094, concerning increasing the fine for parking in front of a fire hydrant in an unincorporated area of a county. Representative A. Kerr discussed the problem of people parking in front of fire hydrants in unincorporated areas of Jefferson County and the need to provide the authority for counties to raise the fines for this offense. He explained that the current law only provides for a penalty between $15 and $100, and House Bill 12-1094 would allow counties to increase the penalty to be between $150 to $200. Representative A. Kerr responded to questions from the committee concerning the problem of people parking in front of fire hydrants and explained the need to raise the fine for this offense.

02:27 PM

Sheriff Ted Mink, representing the Jefferson County Sheriff's Office, testified in support of the bill, discussed the problem of people parking in front of fire hydrants in unincorporated areas of Jefferson County, and talked about the need to raise the limit in order to be similar to the fines of surrounding cities. Sheriff Mink addressed questions from the committee concerning the need to raise the statutory limit placed on counties for Class B traffic infractions in order to increase the fine for parking in front of fire hydrants.

02:36 PM

Pam Feely, representing the West Metropolitan Fire Protection District, testified in support of the bill and discussed a specific incident where access to a fire hydrant was blocked and the response to a house fire was delayed. Ms. Feely addressed questions from the committee, explained that the last time the fine was raised was in 1994, and distributed photos to the committee where access to fire hydrants had been obstructed by parked vehicles (Attachment D).

02:44 PM

Representative A. Kerr entered closing comments on the bill, responded to questions from the committee concerning the need to raise the fine to equal surrounding cities, and discussed whether the $200 limit in the bill was too high.

02:50 PM

Representative Szabo, committee chair, laid House Bill 12-1094 over for action only.

02:53 PM -- House Bill 12-1157

Representative Vigil, prime sponsor, presented House Bill 12-1157, concerning the court hearing on a petition for the organization of a special district. Representative Vigil explained that, under current law, if a service plan for a proposed special district is approved by a board of county commissioners, any interested party who appeared and objected to the plan must be given notice and have the right to appear at a court hearing on the petition to organize the district. The bill requires that any objecting party must either be a taxpayer of the proposed special district or an eligible elector of the proposed district in order to be given notice and to have the right to protest at the court hearing.

02:54 PM

Evan Goulding, representing the Special District Association, testified in support of the bill, discussed the formation process for a proposed special district, and explained the need for the bill in order to prevent individuals from objecting to the formation of a special district when they would not be an elector within the district. Mr. Goulding responded to questions from the committee concerning certified mail versus registered mail, publication requirements for service plan hearings, and the need to exclude an eligible elector from protesting on the service plan in court if they would not be a resident within the proposed district. According to the bill, the notice of court hearing may be sent by certified mail rather than by registered mail. Committee discussion ensued concerning certified mail, the role of the county clerk and recorder as the election official of the special district, and whether individuals should be excluded from protesting the formation of a new special district. Current law allows the court to name either the county clerk or another eligible elector to serve as the election official in an election to organize a special district. Under the bill, the court could select either the county clerk or a person experienced in conducting special district elections to serve as the designated election official.

03:15 PM
The committee stood in a brief recess.

03:21 PM

The committee returned to order. Representative Vigil entered closing comments on the bill and discussed prepared amendment L.001 (Attachment E).

03:25 PM

Mr. Goulding addressed the committee to explain L.001 and explained that the bill would allow either the county clerk and recorder or a designee to be the designated election official of the special district.


BILL:	HB12-1157
TIME:	03:27:01 PM
MOVED:	Soper
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.. The motion passed without objection.
SECONDED:	Pace
		VOTE
	Conti
	Fields
	Gardner B.
	Kerr J.
	Labuda
	Lee
	Pace
	Soper
	Swerdfeger
	Balmer
	Szabo

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


BILL:	HB12-1157
TIME:	03:27:31 PM
MOVED:	Balmer
MOTION:	Moved amendment L.002 (Attachment F). The motion passed on a vote of 7-3.. The motion passed on a vote of 7-3.
SECONDED:	Lee
		VOTE
	Conti	Excused
	Fields	Yes
	Gardner B.	Yes
	Kerr J.	Yes
	Labuda	No
	Lee	Yes
	Pace	No
	Soper	Yes
	Swerdfeger	No
	Balmer	Yes
	Szabo	Yes

YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1157
TIME:	03:31:37 PM
MOVED:	Lee
MOTION:	Moved to refer House Bill 12-1157, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0.. The motion passed on a vote of 10-0.
SECONDED:	Soper
		VOTE
	Conti	Excused
	Fields	Yes
	Gardner B.	Yes
	Kerr J.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Balmer	Yes
	Szabo	Yes

YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:33 PM -- House Bill 12-1099

Representative McKinley, prime sponsor, presented House Bill 12-1099, concerning the establishment of an industrial hemp remediation pilot program to study phytoremediation through the growth of hemp on contaminated soil. He explained that this pilot program would allow the program to grow hemp and study the ability of hemp to be used for phytoremediation, which is an environmental cleanup method mitigating contaminated soil through the use of plants.http://www.wisegeek.com/what-are-fungi.htm

03:35 PM

Jason Lauve, representing himself, testified in support of the bill, discussed the benefits of hemp for the restoration of polluted soils, and distributed a packet of information to the committee supporting the hemp remediation program (Attachment G). Mr. Lauve addressed questions from the committee concerning the need for a hemp remediation pilot program and explained the process of using hemp for phytoremediation.

03:44 PM

Representative McKinley addressed questions from the committee concerning the pilot program and the benefits of hemp. Mr. Lauve discussed similar hemp pilot programs throughout the world and responded to questions from the committee concerning whether hemp is legal to be grown in the United States. Committee discussion ensued concerning the ability to grow hemp in the U.S. and the comparison of hemp with cannabis.

04:08 PM

Clare Pramuk, Fiscal Note Analyst, Legislative Council Staff, addressed the committee to discuss the legality of growing hemp in the United State. She explained that it is not legal to grow hemp in the U.S., but it is legal to sell hemp products. She also discussed the issue of holding funds for the pilot program in a bank that is insured by the Federal Deposit Insurance Corporation (FDIC). Ms. Pramuk also explained that the pilot program would require the Colorado Department of Law to execute a Memorandum of Understanding (MOU), required by the federal Drug Enforcement Administration (DEA), in order to grow industrial hemp under the program. She explained that industrial hemp is any variety of the cannabis plant that contains no more than three-tenths of one percent of tetrahydrocannabinols (THC). Committee discussion ensued concerning the legality of growing hemp and how the pilot program would work.

04:11 PM

Lynda Parker, representing herself, testified in support of the bill, discussed the history of hemp, and explained that cannabis is controlled under the 1970s Controlled Substance Act. Ms. Parker discussed the benefits of hemp, talked about the ongoing hemp pilot program in South Dakota that began in 1997. She referred to a letter, within Attachment G, from U.S. Representative David Monson of South Dakota, concerning the benefits of hemp and the success of the pilot program in South Dakota.

04:24 PM

Erik Hunter, representing himself, testified in support of the bill, explained the benefits of hemp, and discussed studies that have shown the benefits of phytoremediation. Mr. Hunter addressed questions from committee concerning phytoremediation studies involving hemp.

04:32 PM

Mr. Lauve and Ms. Pramuk addressed the committee to discuss the issue of holding funds for the pilot program in a bank that must be insured by the FDIC. They explained that the MOU between the state and the DEA would allow the program to grow industrial hemp in Colorado and authorize any funds from the pilot program to be held in an FDIC bank.


BILL:	HB12-1099
TIME:	04:35:46 PM
MOVED:	Kerr J.
MOTION:	Moved to refer House Bill 12-1099 to the Committee on Appropriations. The motion passed on a vote of 11-0.. The motion passed on a vote of 11-0.
SECONDED:	Soper
		VOTE
	Conti	Yes
	Fields	Yes
	Gardner B.	Yes
	Kerr J.	Yes
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Balmer	Yes
	Szabo	Yes

YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:38 PM -- House Bill 12-1207

Representative Labuda, prime sponsor, presented House Bill 12-1207, concerning the repeal of the Advisory Committee on Covering all Children in Colorado. Representative Labuda explained the bill repeals the committee.

04:39 PM

Brian Tobias, representing the Department of Regulatory Agencies, addressed the committee and explained that the advisory committee was established in 2007 to oversee a plan to provide health coverage for all low-income children in Colorado by 2010.


BILL:	HB12-1207
TIME:	04:39:28 PM
MOVED:	Labuda
MOTION:	Moved to refer House Bill 12-1207 to the Committee of the Whole. The motion passed on a vote of 9-0.. The motion passed on a vote of 9-0.
SECONDED:	Lee
		VOTE
	Conti	Yes
	Fields	Yes
	Gardner B.	Excused
	Kerr J.	Excused
	Labuda	Yes
	Lee	Yes
	Pace	Yes
	Soper	Yes
	Swerdfeger	Yes
	Balmer	Yes
	Szabo	Yes

YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:41 PM

The committee adjourned.