House Committee on Local Government (01/23/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	01/23/2014	ATTENDANCE

Time:	10:15 AM to 12:06 PM	Dore	X
		Exum	X
Place:	HCR 0107	Garcia	X
		Gardner	X
This Meeting was called to order by		Landgraf	*
	Representative Fields	Lebsock	X
		Navarro	X
This Report was prepared by		Rankin	*
	Damion Pechota	Rosenthal	X
		Vigil	*
		Wright	X
		Singer	E
		Fields	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB14-1086 HB14-1007		Amended, Referred to the Committee of the Whole Laid Over

10:17 AM -- HB14-1086

Representative Murray, sponsor, presented HB14-1086 concerning a requirement that a legal notice published in a newspaper is also published on a statewide web site maintained by a majority of Colorado newspapers. Notices are to be published on the website at no additional cost to the entity placing the legal notice. Representative Murray discussed the importance of publishing notifications on multiple platforms.

10:23 AM -- Samantha Johnston, representing the Colorado Press Association, spoke in favor of the bill. She discussed current websites used by Colorado newspapers to post public notices. Ms. Johnston answered questions regarding the use and cost of the proposed web site.

The committee discussed the use and function of notices.

Ms. Johnston discussed the website's maintenance and back up systems to ensure proper function. She answered questions from the committee regarding rural newspapers and citizens without internet access.

10:32 AM

The committee continued to discuss the use and cost of the website.

Representative Rankin presented amendment L.001 (Attachment A).

14HseLocal0123AttachA.pdf

Ms. Johnson was called back to the table. She said that the Colorado Press Association supports the amendment.

10:34 AM -- Greg Romberg, representing Colorado Press Association, discussed the provisions of amendment L.001.


BILL:	HB14-1086
TIME:	10:35:56 AM
MOVED:	Rankin
MOTION:	Adopt amendment L.001. The motion passed without objection.
SECONDED:	Gardner
		VOTE
	Dore
	Exum
	Garcia
	Gardner
	Landgraf
	Lebsock
	Navarro
	Rankin
	Rosenthal
	Vigil	Excused
	Wright
	Singer	Excused
	Fields

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

Representative Murray discussed changes in the media and the need to adapt to changing technologies.


BILL:	HB14-1086
TIME:	10:43:18 AM
MOVED:	Landgraf
MOTION:	Refer House Bill 14-1086, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Wright
		VOTE
	Dore	Yes
	Exum	Yes
	Garcia	Yes
	Gardner	Yes
	Landgraf	Yes
	Lebsock	Yes
	Navarro	Yes
	Rankin	Yes
	Rosenthal	Yes
	Vigil	Excused
	Wright	Yes
	Singer	Excused
	Fields	Yes

FINAL YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:46 AM -- HB14-1007

The committee recessed.

10:51 AM

The committee came back to order. Representative Hamner, sponsor, introduced and discussed HB14-1007 concerning the authority of county governments to limit certain forms of fire, and, in connection therewith, permitting county governments to prohibit agricultural burning during periods of high fire danger and to prohibit fireworks activity during the summer season. The bill allows counties to ban or restrict agricultural burning on days when red flag warning or fire weather watches have been issues by the National Weather Service. The bill also allows counties to regulate fireworks all times of the year and possession of fireworks between May 31 and July 5 of each year. The bill was recommended by the Interim Wildfire Matters Review Committee.

10:54 AM -- Dale Bodstone, representing Holiday Enterprises, spoke in opposition of the bill. He discussed the National Weather Service index as a guide to firework retailers.

Representative Hamner answered questions from the committee concerning the National Weather Service.

10:59 AM -- Karen Boydston, representing Holiday Enterprises, spoke in opposition of the bill.

11:00 AM -- Lauren Collar, representing Winco Fireworks, spoke in opposition of the bill. Ms. Collar said that standards need to be adopted, in cooperation with the fireworks industry, before a ban is imposed.

11:02 AM -- Melissa Linebarger, representing the Colorado Division of Fire Prevention and Control, spoke in favor of the bill. She discussed the current rate of out of control fires that start from agricultural burns. Ms. Linebarger presented a handout to the committee on agricultural and prescribed fire spreads (Attachment B).

14HseLocal0123AttachB.pdf

Ms. Linebarger answered questions from the committee regarding an education program for fire prevention and control.

The committee discussed a county's authority for fire prevention under current law.

Representing Hamner discussed public safety and the low numbers related fire spread.

11:13 AM

The committee continued to discuss fire prevention and county authorities.

11:17 AM -- Joe Pelle, Boulder County Sheriff, representing the County Sheriffs of Colorado, spoke in favor of the bill. He discussed the importance of banning agricultural burns on days with dangerous weather conditions. Sheriff Pelle discussed the role of counties to determine restrictions based on county needs and safety.

Sheriff Pelle answered questions from the committee regarding red flag days and the number of out of control fires from agricultural burns. He discussed the enforcement procedures for bans.

The committee discussed requirements for agricultural burns.

11:27 AM -- Justin Smith, Sheriff of Larimer County, spoke in favor of the bill. He discussed the effect of a ban on agricultural burns and the ability to permit local control. Sheriff Smith discussed the restrictions of fireworks.

Sheriff Smith answered questions from the committee regarding weather changes in relation to agricultural burns.

11:33 AM -- John Martin, Garfield County Commissioner, spoke in favor of the bill. Commissioner Martin discussed the current process for county commissioners to ban agricultural burns and fireworks. He discussed the importance of allowing local governments to respond to a county's public safety needs.

The committee discussed the role of fire prevention in local governments.

11:43 AM -- Garin Vothman, representing the Colorado Farm Bureau, spoke in support of the bill.

11:44 AM -- Dan Gibbs, Summit County Commissioner, representing Colorado Counties Inc., spoke in support of the bill. Commissioner Gibbs discussed Summit County's fire bans for agricultural burns and fireworks. He discussed the current authority for counties to impose fire bans.

11:55 AM

Commissioner Gibbs continued to answer questions regarding local control of fire prevention.

11:57 AM -- Tony Lunbard, representing the Colorado State Fire Chiefs, spoke in favor of the bill.

11:58 AM -- Bill Artist, representing the fireworks industry, spoke in opposition of the bill. He discussed the importance of establishing standards for the determination of implementing or lifting a ban for fireworks. Mr. Artist discussed the potential impact on the fireworks industry. Mr. Artist answered questions from the committee regarding laws in other states and the permit process for firework retailers.

The bill was laid over for action only on a date to be determined.

12:06 PM

The committee adjourned.