Colorado House Bill 12-1352


HOUSE BILL 12-1352
BY REPRESENTATIVE(S) Gardner B. and Gerou, Baumgardner, Beezley,
Bradford, Holbert, Joshi, Kerr J., Liston, Looper, Miklosi, Murray, Nikkel,
Pace, Priola, Ramirez, Scott, Stephens, Summers, Szabo, McNulty,
Ferrandino, Kerr A., Peniston, Schafer S., Todd, Young;
also SENATOR(S) Cadman, Boyd, Foster, Giron, Heath, Jahn, King K.,
Lambert, Lundberg, Morse, Neville, Nicholson, Schwartz, Williams S.
CONCERNING THE CREATION OF A STATE COMMISSION TO ADDRESS MATTERS
ARISING OUT OF THE LOWER NORTH FORK WILDFIRE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 17 to article
2 of title 2 as follows:
PART 17
LOWER NORTH FORK WILDFIRE COMMISSION
2-2-1701. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY FINDS, DETERMINES, AND DECLARES THAT:
(a) IN MARCH 2012, A CONTROLLED BURN CONDUCTED BY THE
COLORADO STATE FOREST SERVICE IN THE LOWER NORTH FORK AREA OF
NOTE: The governor signed this measure on 6/4/2012.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
JEFFERSON COUNTY, COLORADO, RESULTED IN A WILDFIRE ON MARCH 26,
2012, THAT KILLED THREE PEOPLE, DESTROYED HOMES AND OTHER
STRUCTURES RESULTING IN EXTENSIVE PROPERTY DAMAGE, AND BURNED
MORE THAN ONE THOUSAND FOUR HUNDRED ACRES SOUTH OF CONIFER,
COLORADO. THE LOWER NORTH FORK WILDFIRE OCCURRING ON MARCH 26,
2012, IS REFERRED TO IN THIS PART 17 AS THE “WILDFIRE”.
(b) THE IMPACT ON THE AFFECTED COMMUNITY RESULTING FROM
THE WILDFIRE INCLUDES NOT ONLY LOSS OF LIFE AND FINANCIAL
DEVASTATION BUT ALSO A LOSS OF CONFIDENCE BY PERSONS AFFECTED IN
THE ABILITY OF THE STATE AND OTHER EMERGENCY RESPONDERS TO
RESPOND TO THIS OR OTHER DISASTERS THAT MAY OCCUR IN THE FUTURE.
ACCORDINGLY, IT IS AN APPROPRIATE USE OF THE PLENARY POWER OF THE
GENERAL ASSEMBLY TO EMPOWER A BODY SUCH AS THE COMMISSION
CREATED UNDER THIS PART 17 TO INVESTIGATE THE CAUSES OF THE
WILDFIRE AND TO MAKE RECOMMENDATIONS FOR LEGISLATIVE OR OTHER
ACTION THAT WOULD PREVENT THE OCCURRENCE OF A SIMILAR TRAGEDY.
2-2-1702. Lower north fork wildfire commission – created –
membership – chair – meetings – quorum – reimbursement of expenses
– staff assistance – public meetings. (1) THE LOWER NORTH FORK WILDFIRE
COMMISSION, REFERRED TO IN THIS PART 17 AS THE “COMMISSION”, IS
HEREBY CREATED.THE COMMISSION IS COMPRISED OF THE FOLLOWING FIVE
MEMBERS:
(a) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE EACH
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;
(b) TWO MEMBERS OF THE SENATE, ONE EACH APPOINTED BY THE
PRESIDENT OF THE SENATE AND THE MINORITY LEADER OF THE SENATE; AND
(c) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC
SAFETY CREATED IN SECTION 24-33.5-103 (1), C.R.S., OR HIS OR HER
DESIGNEE.
(2) THE COMMISSION SHALL SELECT A CHAIR FROM AMONG ITS
MEMBERS.THE COMMISSION SHALL MEET AT SUCH TIME AND SUCH PLACE AS
DESIGNATED BY THE CHAIR; EXCEPT THAT THE FIRST MEETING OF THE
COMMISSION SHALL TAKE PLACE NOT LATER THAN JULY 1, 2012. A
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MAJORITY OF THE MEMBERS OF THE COMMISSION CONSTITUTE A QUORUM.
(3) MEMBERS OF THE COMMISSION SHALL RECEIVE NO
COMPENSATION FOR SERVING ON THE COMMISSION; EXCEPT THAT
COMMISSION MEMBERS ARE ENTITLED TO REIMBURSEMENT FOR THEIR
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
THEIR OFFICIAL DUTIES. IN THE CASE OF THE LEGISLATIVE MEMBERS OF THE
COMMISSION, IN CONNECTION WITH THEIR NECESSARY ATTENDANCE AT
MEETINGS OF THE COMMISSION, SUCH MEMBERS ARE ENTITLED TO RECEIVE
THE AMOUNT SPECIFIED IN SECTION 2-2-307 (3) (a) (I) FOR NECESSARY
ATTENDANCE AT A MEETING OF AN INTERIM COMMITTEE.
(4) SUBJECT TO THE PROVISIONS OF PART 4 OF ARTICLE 6 OF TITLE 24,
C.R.S., MEETINGS OF THE COMMISSION ARE PUBLIC MEETINGS.
(5) ANY STAFF ASSISTANCE REQUIRED BY THE COMMISSION SHALL BE
PERFORMED BY EXISTING EMPLOYEES OF THE LEGISLATIVE STAFF AGENCIES
OF THE GENERAL ASSEMBLY OR THE DEPARTMENT OF PUBLIC SAFETY WITHIN
EXISTING APPROPRIATIONS.
2-2-1703. Investigation of causes of wildfire – recommendations
for legislative or other action – report to general assembly. (1) DURING
THE 2012 LEGISLATIVE INTERIM THE COMMISSION SHALL INVESTIGATE,
REPORT ITS FINDINGS, AND MAKE RECOMMENDATIONS FOR LEGISLATIVE OR
OTHER ACTION ON ALL MATTERS RELATING TO THE WILDFIRE, INCLUDING,
WITHOUT LIMITATION, CAUSES OF THE WILDFIRE, THE IMPACT ON THE
AFFECTED COMMUNITY CAUSED BY THE WILDFIRE, THE LOSS OF LIFE AND
FINANCIAL DEVASTATION INCURRED BY THE COMMUNITY, THE LOSS OF
CONFIDENCE BY THE COMMUNITY IN THE RESPONSE TO THE EMERGENCY BY
GOVERNMENTAL BODIES AT ALL LEVELS, AND MEASURES TO PREVENT THE
OCCURRENCE OF A SIMILAR TRAGEDY. IN CONNECTION WITH THIS DUTY, THE
COMMISSION SHALL SOLICIT AND ACCEPT REPORTS AND TAKE TESTIMONY AT
ONE OR MORE PUBLIC HEARINGS HELD FOR SUCH PURPOSES. THE
COMMISSION MAY SOLICIT OTHER SOURCES, INCLUDING, WITHOUT
LIMITATION, REPRESENTATIVES FROM STATE AND LOCAL GOVERNMENTS AND
ORGANIZATIONS OF CITIZENS, TO PROVIDE TESTIMONY, WRITTEN COMMENTS,
AND OTHER RELEVANT INFORMATION.
(2) NOT LATER THAN DECEMBER 31, 2012, THE COMMISSION SHALL
SUBMIT A WRITTEN REPORT OF ITS FINDINGS AND ANY RECOMMENDATIONS
PAGE 3-HOUSE BILL 12-1352
MADE PURSUANT TO THIS SECTION FOR LEGISLATIVE OR OTHER ACTION TO
THE JUDICIARY AND LOCAL GOVERNMENT COMMITTEES OF THE SENATE AND
THE HOUSE OF REPRESENTATIVES. UPON THE REQUEST OF ANY MEMBER OF
THE COMMISSION, SUMMARIES OF DISSENTING OPINIONS SHALL BE PREPARED
AND ATTACHED TO THE FINAL REPORT OF THE COMMISSION’S FINDINGS AND
RECOMMENDATIONS.THE FINAL REPORT REQUIRED BY THIS SUBSECTION (2)
IS SUBJECT TO THE REQUIREMENTS OF SECTION 24-1-136 (9), C.R.S.
2-2-1704. Repeal of part. THIS PART 17 IS REPEALED, EFFECTIVE
JULY 1, 2014.
SECTION 2. Safety clause. The general assembly hereby finds,
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determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Frank McNulty Brandon C. Shaffer
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
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