SENATE Amended 2nd Reading March 14, 2014 HOUSE 3rd Reading Unamended February 14, 2014 HOUSE Amended 2nd Reading February 13, 2014Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 14-0195.01 Bob Lackner x4350 HOUSE BILL 14-1007 HOUSE SPONSORSHIP Hamner, SENATE SPONSORSHIP Crowder, House Committees Senate Committees Local Government Local Government A BILL FOR AN ACT Concerning the authority of county governments to limit certain forms of fire, and, in connection therewith, permitting county governments to restrict agricultural burning during periods of high fire danger. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Wildfire Matters Review Committee. In connection with the existing statutory authority permitting county governments to ban open fires to reduce the danger of wildfires, the bill permits counties to prohibit or restrict the ability of agricultural producers to conduct burning on their own property during periods when red flag warnings or fire weather watches have been issued by the national weather service. In connection with the existing statutory authority permitting county governments to prohibit or restrict the sale, use, and possession of fireworks, the bill deletes existing statutory language limiting the use of such authority between May 31 and July 5 of each year in times of high fire danger. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 30-15-401, amend (1) (n.5) (I) and (1) (n.5) (III) as follows: 30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers: (n.5) (I) To ban open fires to a degree and in a manner that the board of county commissioners deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence. The authority granted the board of county commissioners by this subparagraph (I) includes the power to restrict the ability of agricultural producers to conduct burning on their own property during periods when red flag warnings or high wind warnings have been issued by the national weather service or where the danger of forest or grass fires is found to be high based on competent evidence. Any ordinance or resolution adopted pursuant to this subparagraph (I) must specify the agency responsible for the administration or enforcement of, and the dissemination of public information relating to, burn restrictions. (III) Except as otherwise authorized pursuant to subparagraph (I) of this paragraph (n.5), nothing in this paragraph (n.5) infringes upon or otherwise affects the ability of agricultural producers to conduct burning on their property. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.