Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:02/20/2014
ATTENDANCE
Time:10:47 AM to 12:38 PM
Dore
X
Exum
X
Place:HCR 0107
Garcia
X
Gardner
X
This Meeting was called to order by
Landgraf
X
Representative Fields
Lebsock
X
Navarro
X
This Report was prepared by
Rankin
X
Damion Pechota
Rosenthal
X
Vigil
X
Wright
X
Singer
X
Fields
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1196
HB14-1210
HB14-1219		Amended, Laid Over
Amended, Referred to the Committee of the Whole
Postponed Indefinitely


10:49 AM -- HB14-1196

Representative Gerou, sponsor, presented House Bill 14-1196 concerning the creation of a local government marijuana impacts task force. The bill creates a 17-member Marijuana Task Force (task force) within the Department of Local Affairs (DOLA) to study the local government impacts related to the cultivation, testing, sale, consumption, and regulation of retail marijuana and retail

10:52 AM -- Donald Rosier, Jefferson County Commissioner, spoke in support of the bill. He discussed the importance of reviewing the regulation of marijuana sales. Commissioner Rosier talked about the Colorado Gaming Fund as an example a revenue source provided to impacted counties to counties. He discussed the importance of establishing an objective task force to review the direct and indirect impacts on local governments in relation to marijuana regulation and revenue.

10:56 AM -- Jack Hilbert, Douglas County Commissioner, spoke in favor of the bill. He discussed the potential impacts to local governments in relation to the regulation of marijuana. He discussed the unknown impacts of marijuana use in Colorado and the current provisions of regulation. He discussed the importance of creating a task force to review and determine proper policies.

Commissioner Rosier answered questions from the committee regarding the use of Limited Gaming Fund moneys for communities directly and indirectly impacted by the gaming industry. Commissioner Hilbert discussed the impacts of gaming on counties without gaming and the issues related to oil and gas severance as an offset of impact to local jurisdictions.







Representative Singer discussed studies recommended by Senate Bill 13-283. Commissioner Rosier spoke on the importance of creating a task force that includes all communities, and not just jurisdictions that allow retail marijuana.


11:08 AM

Commissioner Hilbert answered questions from the committee regarding the positive impact of marijuana sales on communities. He discussed the importance of reviewing all impacts.

The committee discussed the sale of marijuana in different counties.


11:18 AM

The committee continued to discuss the direct and indirect impacts of marijuana sales on local communities and neighboring jurisdictions.

Commissioner Rosier answered questions from the committee regarding child welfare issues related to marijuana in private residences.

Representative Rankin discussed the national significance of creating a task force to review marijuana sales and regulation.

Representative Landgraf discussed the impact of marijuana on military service members.

11:30 AM -- Samantha Walsh, 36 Solutions, was neutral on the bill. She discussed the success of regulation policies related the marijuana industry and the potential impacts to local governments. Ms. Walsh discussed the current use of marijuana since legalization and the impacts already seen. Ms. Walsh answered questions from the committee regarding studies enacted by legislation and the need of a task force.

11:35 AM -- Annmarie Jensen, Colorado Association of Chiefs of Police, was neutral on the bill. She discussed the needs of local governments to properly collect data related to marijuana enforcement. Ms. Jensen discussed issues related to retail marijuana compared to home grown marijuana.

Representative Gerou discussed concerns related the review of home grown marijuana. Ms. Jensen answered questions from the committee regarding policies for home grown marijuana.


















11:50 AM

Representative Gardner presented and distributed amendment L.001 (Attachment A) and amendment L.002 (Attachment B). Representative Gerou distributed amendment L.003 (Attachment C).

14HseLocal0220AttachA.pdf14HseLocal0220AttachA.pdf 14HseLocal0220AttachB.pdf14HseLocal0220AttachB.pdf

14HseLocal0220AttachC.pdf14HseLocal0220AttachC.pdf

The committee members discussed amendment L.001.
BILL:HB14-1196
TIME: 11:54:10 AM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Rosenthal
VOTE
Dore
Exum
Garcia
Gardner
Landgraf
Lebsock
Navarro
Rankin
Rosenthal
Vigil
Wright
Singer
Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Representative Gerou discussed and summarized amendment L.002 and amendment L.003. She asked that the motion to move amendment L.002 be withdrawn.











BILL:HB14-1196
TIME: 11:57:50 AM
MOVED:Gardner
MOTION:Adopt amendment L.002 (Attachment B). The motion was withdrawn.
SECONDED:Singer
VOTE
Dore
Exum
Garcia
Gardner
Landgraf
Lebsock
Navarro
Rankin
Rosenthal
Vigil
Wright
Singer
Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

Representative Gerou discussed the current bill in relation to amendment L.002 and amendment L.003. She requested that the committee lay the bill over for action only. The committee members discussed amendment L.002 and amendment L.003. The bill, as amended, was laid over for action.


12:07 PM -- HB14-1210

Representative Gerou, sponsor, presented House Bill 14-1210, concerning a requirement that a state agency enter into an intergovernmental agreement with a county to address wildland fires affecting certain state lands located within the county. The bill requires state agencies that own forest land, rangeland, or wildland area to, by January 1, 2017, enter into agreements with counties in which the land is located. The agreement must delineate the responsibilities, objectives, authorities, and procedures of acting parties for the prevention, suppression, and rehabilitation of wildfires on state land. The bill does not apply to rights-of-way, conservation easements, or state trust lands. In addition, the bill does not require counties or state agencies to modify existing or future negotiated agreements concerning the reimbursement of wildfire suppression costs.

12:10 PM -- Paul Cooke, Director, Division of Fire Prevention and Control, spoke for questions only. He provided a handout to the committee (Attachment D). Director Cooke discussed the current procedure of fire prevention and suppression regardless of land ownership and costs until after an emergency is declared. He discussed the number and impact of fires on state lands.

14HseLocal0220AttachD.pdf14HseLocal0220AttachD.pdf






Representative Gerou answered questions from the committee regarding the state agencies involved in the negotiation process and the current policies of wildland fires on federal lands.

12:18 PM -- Adam Smith, representing La Plata County, spoke in favor of the bill. He discussed the issues related to the ambiguity of current policies addressing wildland fires. Mr. Smith said that uncertainty in the law disrupts wildlife responses. He discussed concerns that the bill does not address state trust lands.

12:24 PM -- Eric Bergman, Colorado Counties Inc., spoke in favor of the bill.

12:25 PM -- Matt Schultz, Colorado Parks and Wildlife, was neutral on the bill. He discussed current procedures for wildfire mitigation and suppression. Mr. Schultz discussed current resources for state parks to prevent and suppress wildfires and the impact assistance grants provided to local governments.

Representative Gerou answered questions from the committee regarding the ability of counties to negotiate with state agencies related to wildfires.

Representative Gerou distributed and discussed amendment L.001 (Attachment E).
14HseLocal0220AttachE.pdf14HseLocal0220AttachE.pdf
BILL:HB14-1210
TIME: 12:32:15 PM
MOVED:Landgraf
MOTION:Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:Rankin
VOTE
Dore
Exum
Garcia
Gardner
Landgraf
Lebsock
Navarro
Rankin
Rosenthal
Vigil
Wright
Singer
Fields
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Representative Gerou provided closing comments on the bill.

BILL:HB14-1210
TIME: 12:33:36 PM
MOVED:Dore
MOTION:Refer House Bill 14-1210, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:Singer
VOTE
Dore
Yes
Exum
Yes
Garcia
Yes
Gardner
Yes
Landgraf
Yes
Lebsock
Excused
Navarro
Yes
Rankin
Yes
Rosenthal
Yes
Vigil
Yes
Wright
Yes
Singer
Yes
Fields
Yes
FINAL YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:36 PM -- HB14-1219

Representative Rankin presented House Bill 14-1219 concerning clarification that the obligation of a local government to maintain at its own expense a structure that allows water to cross the path of a highway without interfering with travel on the highway does not require the local government to bear the costs of constructing any new structure or completely reconstructing or replacing any existing structure. Current law requires a person or corporation owning or constructing a ditch, race, drain, or flume upon or across any highway to also construct a culvert, bridge, or other similar structure to conduct the water so as to ensure that the highway is open for safe and convenient travel. The costs of constructing said culvert, bridge, or structure must be borne by the individual or corporation that owns the ditch, race, drain, or flume. The city or county in which the culvert, bridge, or structure is located is then required to maintain the structure after it is built, at its own expense. The bill clarifies that local governments are not required to construct any new culvert, bridge, or similar structure, or to completely reconstruct or replace the structure. The bill declares that new construction and complete reconstruction or replacement of said structures is the obligation of the individual or corporation.

Representative Rankin requested that the bill be postponed indefinitely.











BILL:HB14-1219
TIME: 12:37:08 PM
MOVED:Rankin
MOTION:Postpone House Bill 14-1219 indefinitely. The motion passed on a vote of 10-2.
SECONDED:Singer
VOTE
Dore
Yes
Exum
Yes
Garcia
Yes
Gardner
No
Landgraf
Yes
Lebsock
Excused
Navarro
Yes
Rankin
Yes
Rosenthal
Yes
Vigil
Yes
Wright
No
Singer
Yes
Fields
Yes
FINAL YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:38 PM

The committee adjourned.