Bill Summary for Bill Number HB12-1322

Date: 04/16/2012

Final
BILL SUMMARY for HB12-1322

HOUSE COMMITTEE ON EDUCATION

Votes: View-->	Action Taken:
Adopt prepared Amendment L.001 (Attachment D). The Move to postpone indefinitely House Bill 12-1322. Refer House Bill 12-1322, as amended, to the House	PASS PASS FAIL

02:18 PM -- House Bill 12-1322

The committee came back to order.

Representative Sonnenberg, sponsor of House Bill 12-1322, presented the bill. The bill requires the United States government to sell agricultural public lands on or before December 31, 2014, and provides that any agricultural public lands not sold as of that date will no longer be exempt from property tax. The bill requires the United States to pay the state 5 percent of the net proceeds of any land sold. Proceeds will be deposited in the Internal Improvements Trust Fund (trust fund), created in the bill. The bill requires the State Treasurer to credit 50 percent of the interest and income earned on the trust fund to the State Education Fund at the end of each fiscal year. The General Assembly may annually appropriate the remaining 50 percent for water storage projects recommended by the Colorado Water Conservation Board.

The bill defines "agricultural public lands" to mean any lands within the state that are, or could be, used for agriculture, except those privately held, or those held in trust by the state, a political subdivision, or an independent entity, including all land owned by the Colorado State Land Board. Other specific exemptions include national parks, land used for military purposes, and land belonging to an Indian, Indian tribe, or community that is held in trust by the United States.

Representative Sonnenberg distributed Amendment L.001 (Attachment D) and explained that instead of selling the lands, the United State government would be required to cede the lands to the State of Colorado. He distributed Attachment E and described the maps that appear on pages four and five of the handout. Finally, he discussed the Supreme Court case of Hawaii concerning its public federal lands.

Representative Ramirez asked if the bill would exempt national parks and monuments. Representative Sonnenberg responded that yes, those items are exempted from the provisions of the bill. Representative Hamner asked a follow-up question regarding whether or not national forest lands would be included under the bill. Representative Sonnenberg responded in the affirmative.

Representative Hamner asked about the composition of the State Land Board. Representative Sonnenberg deferred the question until witness testimony.

02:26 PM

Representative Solano asked if the land was ceded to the state, would the State Land Board have the opportunity to sell the land. Representative Sonnenberg stated that yes, they would, but that the incentive is not in selling the land because the federal government would receive 95 percent of the revenue from the sale.

The following persons testified:

02:31 PM -- Bill Ryan, Director, State Board of Land Commissioners, came to the table to respond to committee questions. He discussed the composition of the State Land Board, saying that it is a five-member board with no more than three members being from the same political party. He said that the State Land Board currently manages about three million surface acres primarily to benefit education in Colorado.

Representative Murray asked how much land would be added to the State Land Board's management through the bill. Representative Sonnenberg stated that roughly 23 million acres would be added.

02:33 PM -- Molly Streff, a student at the University of Colorado, testified in opposition to the bill. She stated that she was testifying as part of a class on public policy that she is taking. She discussed the idea of private ownership of the lands, saying that this will ensure the most efficient and effective use of the lands.

02:36 PM -- Scott Braden, Director of Conservation and Education, Colorado Mountain Club (CMC), testified in opposition to the bill. He discussed the background and activities of CMC. He stated that CMC opposes the bill because the members of CMC and the citizens of Colorado benefit so much from these lands and that the lands are an essential part of Colorado. He stated that, from the bill, it is hard to determine which lands are considered to be agricultural lands. He asserted that the bill will not raise funds for education, but rather, will cost the citizens of the state money for litigation with the federal government. He described a Colorado that is privately owned, noting the fences, no trespassing signs, and limited access that would prevent citizens from using the public lands.

Representative Massey asked Mr. Braden if his position would change in light of Amendment L.001 (Attachment D). Mr. Braden said that it would not change. Conversation between Mr. Braden and the committee ensued.

02:46 PM -- Kristina Kibler, representing the Colorado Mountain Bike Association, testified in opposition to the bill. Ms. Kibler provided background of the Colorado Mountain Bike Association. She stated that Colorado's lands support 170,000 jobs in Colorado. She stated that the bill would undermine the outdoor recreation industry in Colorado and that the bill puts a lot of power into the hands of a five-person board and would undermine the current public process. She stated that she is also concerned about the definition of agricultural lands in the bill. She stated that the amendment does not change her position on the bill.

02:49 PM -- Steve Bonowski, representing ConservAmerica and the Republicans for Environmental Protection, testified in opposition to the bill. He provided a handout to the committee members (Attachment F). He stated that Colorado's federal public lands are the gift that keeps on giving to the state's economy through recreation. He stated that if the State Land Board were to take control of the lands, it could damage the ranching industry in Colorado, explaining that the State Land Board must charge market rate for the use of its lands, and this would likely increase the fee that ranchers are required to pay. He discussed the level of volunteerism that goes into maintaining the public lands currently. He questioned whether the grass of the ski runs in Colorado would be considered to be agricultural lands.

02:56 PM

Representative Young asked Mr. Bonowski to speak to the Supreme Court case in Hawaii. Mr. Bonowski stated that he is not very familiar with the case, but that he suspects that Colorado's situation would be very different from Hawaii's situation.

Representative Schafer asked about Mr. Bonowski's confidence in the State Land Board's ability to manage the lands, and asked about the level of preparation they have for dealing with emergencies. Mr. Bonowski stated that he can only speculate on that, but believes that the State Land Board is thinly staffed. Representative Sonnenberg commented.

02:59 PM -- Kurt Kunkle, representing the Colorado Environmental Coalition, testified in opposition to the bill. Mr. Kunkle discussed the economics of the lands. He stated that taking away public lands will drastically reduce the lifestyle in Colorado. He stated that his opinion is not changed by the proposed amendment to the bill.

03:02 PM -- David Nickum, Executive Director, Colorado Trout Unlimited, testified in opposition to the bill. He discussed why he moved to Colorado and the many opportunities availed by the Bureau of Land Management (BLM) lands in the state. He expressed concern over the state's ability to take on the charge of managing an additional 23 million acres of land, saying that the state would have to find resources for this role.

03:05 PM -- John Smeltzer, representing the Colorado Wildlife Federation, testified in opposition to the bill. He stated that if the State Land Board were to acquire the lands, which would be the second largest amount of state land accumulation since the 1800's, then there would have to be a superagency created in land management. He stated that he would guess that the State Land Board is spending about $1.00 to $1.50 per acre to manage the lands that they currently hold. He discussed public access to lands in Iowa, his home state. He stated that if the lands were put under the state system, then it is probable that everyone would have to buy a $60 to $80 annual park pass to use the lands. He stated that with all of the budget constraints, he does not see the merit behind making such a drastic change in the way that the lands are managed. He added that he knows that the State Land Board staff is low and that would require several groups to be responsible for managing the lands. He concluded by stating that the bill is unwise and untimely for Colorado.

Mr. Smeltzer responded to questions from the committee members.

03:19 PM -- Bill Dvorak, representing Dvorak's Expeditions, testified in opposition to the bill. He stated that the idea of selling off public lands goes against the grain. He described his experience years ago when he was able to ask a rancher for permission to hunt on their lands, and they would let him. These days, he said, ranchers charge from $100 to $500 as a trespass fee. He stated that he has done hunts on private lands where the owner would charge $5,000 to $10,000 for access. He discussed off road vehicles. He added that he is still opposed to the bill, even with the amendment.

03:25 PM -- Catherine Sparkman, representing herself, testified in opposition to the bill. She discussed the benefit of the lands to her and other Coloradans.


BILL:	HB12-1322
TIME:	03:29:25 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.001 (Attachment D). The motion passed on a vote of 7-6.
SECONDED:	Holbert
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	No
	Ramirez	Yes
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Young	No
	Beezley	Yes
	Massey	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:29 PM

Representative Sonnenberg discussed the fiscal note to the bill and the memorandum to the fiscal note (Attachment G).

Representative Young asked if the language in the bill is the same language as was passed in Utah. Representative Sonnenberg stated that it is the same language used in Utah.

Discussion between the bill sponsor and the committee ensued.


BILL:	HB12-1322
TIME:	03:40:45 PM
MOVED:	Beezley
MOTION:	Refer House Bill 12-1322, as amended, to the House Committee on Finance. The motion failed on a roll call vote of 5-8.
SECONDED:	Murray
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	No
	Ramirez	No
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Young	No
	Beezley	Yes
	Massey	No

YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1322
TIME:	03:45:04 PM
MOVED:	Todd
MOTION:	Move to postpone indefinitely House Bill 12-1322. The motion passed on a roll call vote of 7-6.
SECONDED:	Hamner
		VOTE
	Hamner	Yes
	Holbert	No
	Joshi	No
	Murray	No
	Peniston	Yes
	Ramirez	No
	Schafer S.	Yes
	Solano	Yes
	Summers	No
	Todd	Yes
	Young	Yes
	Beezley	No
	Massey	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:45 PM

The committee adjourned.