Date: 05/04/2015

Final
BILL SUMMARY for SB15-039

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Adopt a conceptual amendment. Page 9, line 2, stri
Postpone Senate Bill 15-039 indefinitely. The moti
Refer Senate Bill 15-039 to the Committee of the W		Pass Without Objection
PASS
FAIL



01:32 PM -- SB 15-039

Representative Humphrey, sponsor, presented Senate Bill 15-039, concerning the possession by the state of Colorado of police power jurisdiction over certain federal lands for which the federal government has asserted only a proprietorial interest. Because the federal government currently holds exclusive jurisdiction over United States Forest Service (USFS) and Bureau of Land Management (BLM) lands, the state has no authority to legislate or to exercise executive and judicial powers over those lands. Under this bill, the state retains concurrent legislative jurisdiction with the United States under the laws of the state and in and over all USFS and BLM lands. The stated purposes of retaining concurrent legislative jurisdiction is to reserve the rights to allow civil and criminal cases to be brought on these lands; tax persons, corporations, and their property; and exercise legislative power to protect the life, health, and safety of state residents. Representative Humphrey responded to questions from the committee regarding what is considered proprietoral interest in a land.

01:43 PM -- Scott Braden, Conservation Colorado, spoke in opposition to the bill and responded to questions regarding the bill. Mr. Braden discussed House Bill 15-1225, and preferred the methods used in that bill to help provide jurisdiction of USFS and BLM lands, specifically in relation to fire mitigation. Committee discussion ensued regarding jurisdiction of lands owned by USFS and BLM.

01:57 PM -- Steve Bonowski, Conservatives for Responsible Stewardship and Conserve America, spoke in opposition to the bill. Mr. Bonowski discussed the recent Hyde Park fire and how fire mitigation relates to jurisdiction over USFS lands.

02:10 PM -- Kelly Sloan, Mesa County, spoke in support of the bill. Mr. Sloan described instances in which local jurisdiction over USFS and BLM lands would be beneficial. Discussion ensued regarding the constitutionality of the bill and the current role of local governments in managing public lands.
BILL:SB15-039
TIME: 02:20:54 PM
MOVED:Coram
MOTION:Adopt a conceptual amendment. Page 9, line 2, strike "OWNED AND" and substitute "PUBLIC LANDS". Page 9, line 20, strike "OWNED AND" and substitute "PUBLIC LANDS". The motion passed without objection.
SECONDED:Buck
VOTE
Arndt
Becker J.
Brown
Buck
Coram
Danielson
Dore
Ginal
Lebsock
Excused
Mitsch Bush
Saine
Becker K.
Vigil
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



02:22 PM

The committee took a brief recess.

02:29 PM

The committee came back to order. Committee discussion continued regarding the bill.

BILL:SB15-039
TIME: 02:38:26 PM
MOVED:Saine
MOTION:Refer Senate Bill 15-039 to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:Coram
VOTE
Arndt
No
Becker J.
Yes
Brown
Yes
Buck
Yes
Coram
Yes
Danielson
No
Dore
Yes
Ginal
No
Lebsock
No
Mitsch Bush
No
Saine
Yes
Becker K.
No
Vigil
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB15-039
TIME: 02:39:14 PM
MOVED:Becker K.
MOTION:Postpone Senate Bill 15-039 indefinitely. The motion passed on a vote of 7-6.
SECONDED:Ginal
VOTE
Arndt
Yes
Becker J.
No
Brown
No
Buck
No
Coram
No
Danielson
Yes
Dore
No
Ginal
Yes
Lebsock
Yes
Mitsch Bush
Yes
Saine
No
Becker K.
Yes
Vigil
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS