Author: doris beaver

Doris Beaver’s
EYE ON THE LEGISLATURE . . . 
May 7, 2012 
   Today’s edition is the final for Eye on the Legislature 2012. Next week begins the Wrap Up for the legislation of the Sixty-Eighth General Assembly – passed, killed, vetoed. 
House Bill 12-1352:  The disastrous Lower North Fork Fire Wildfire (LNFW) resulted in 3 fatalities, 23 homes destroyed or substantially damaged, involving 1,400 acres, and is the impetus for HB 1352. 
   HB 1352, already passed by the House, had its first Senate committee hearing on May 3rd. Originally, HB 1352 provided the LNFW Commission (the Commission) with the “authority to determine that a claim could be fairly resolved on the basis of the written record without input from the claimant.” That language was amended by the House Judiciary Committee “to allow a claimant to request an evidentiary hearing before the LNFWC, if the claimant explicitly requests the same.” 
   The LNFWC is created by HB 1352 and tasked with “developing recommendations for the compensation of persons who suffered personal or property damage or loss of life as a result of the LNF Wildfire” (the wildfire). 
   The bill expressly limits the jurisdiction of the Commission to claims arising out of this specific wildfire, and clarifies that other civil remedies such as the courts may be available to claimants who do not seek relief from the Commission. 
   The main points of HB 1352: 
•	Claims made under the bill must be presented in a petition, in a form prescribed by the LNFWC; 
•	At the time a petition is filed, claimants are required to waive the right to file any other civil action addressing damages arising out of the wildfire; 
•	With the acceptance of an award or settlement from the LNFWC, a claimant releases any related claims against state or local governments or the employees of these governments; and
•	Insurance proceeds and other sources of compensation for claimant losses will offset awards from the LNFWC. 
   The state and local fiscal impact analysis also makes note of the damage to electric transmission facilities as a result of the wildfire, with that figure placed at $1.3 million by Intermountain Rural Electric Association. Without HB 1352, claimants would have damages capped at $150,000.00 for the claim of any individual party, and a total recovery of $600,000.00 for the wildfire as a single occurrence, pursuant to the Colorado Governmental Immunity Act (CGIA). 
   According to the Colorado Legislative Staff’s impact analysis, “For claims against local governments the CGIA authorizes the governing body to adopt a resolution allowing for recovery in excess of the statutory limits.” The Act also “authorizes the General Assembly to pass a bill modifying the maximum recovery (to be paid from the General Fund) for any specific judgment or judgments that exceed the statutory maximum amounts.” 
   Considering these two points, one has to wonder about Colorado’s Attorney General John Suthers’ opposition to HB 1352, but then he is a Republican. 
   Governor Hickenlooper’s review team recommended creation of a streamlined wildfire management administration in the Colorado Department of Public Safety. Embers from a prescribed burn on publicly-owned land started by the Colorado State Forest Service (CSFS) “are believed to have ignited the Lower North Fork Wildfire.” The CSFS wildfire resources reside under Colorado State University administration, and the Division of Emergency preparedness resides in the Department of Local Affairs, according to the legislative staff’s impact analysis. Refer to the “Eye on Gilpin County” page of this website for excerpts of the report by Governor Hickenlooper’s review team headed by William Blass of the U.S. Forest Service. 
Lead Sponsors of House Bill 12-1352:  Representatives Bob Gardner, R-El Paso, Freemont, 866-2191, and Cheri Gerou, R-Jefferson, 866-2582; and Senator Bill Cadman, R-El Paso, 866-2737. 
Senate Bill 12-183:  Colorado has a Commission on Low Income Energy Assistance to which HB 183 would direct the Public Utilities Commission (the PUC) to “require natural gas and electric utilities subject to its jurisdiction to provide data concerning notification and discontinuance of utility service to residential customers.” 
    SB 183 requires that recommendations be made by December 25, 2013 to the Governor and the General Assembly on “any necessary legislative changes to existing measures intended to prevent the disconnection of utility service during period of extreme weather.” The bill sets out factors to be considered for disconnection exemptions. “During the cold weather period [November 1 through March 31st] a utility shall not disconnect utility heating service of a customer:” 
•	when household is a low-income household if the customer has applied for a payment plan with the utility, and the customer has demonstrated by providing documentation to the utility, that the customer is eligible and has applied for low-income energy assistance; and
•	a customer is a member of the armed services deployed on active duty or who shares a household with a service member deployed on active duty. 
   The possibility of SB 183 receiving consideration is rather slim as the bill is yet to have its first committee hearing with adjournment of the General Assembly scheduled for Wednesday, May 9th. 
Sponsors of Senate Bill 12-183:  Senator Betty Boyd, D-Jefferson, 866-4857. No sponsor as yet in the House of Representatives. 
House Bill 12-1358:  This bill is yet another piece of legislation necessary for medical marijuana enforcement or licensure. 
   The legislative declaration states:  “The general assembly declares that it is transferring funds from the medical marijuana program cash fund to the department of revenue to ensure that compliance and enforcement measures related to medical marijuana and article 43.3 of title 12, Colorado Revised Statutes, can be implemented beginning July 1, 2012.” 
   Transfer amount is not chump change – $9,793,600.00:
•	$7,700,000.00 to the Medical Marijuana Program Cash Fund in the Department of Revenue; 
•	$2,000,000.00 to the General Fund for the Colorado Department of Health and Environment; and’
•	$93,600.00 to the Department of Public Safety. 
   Application and licensing fees are to be collected at time of application, but must be refunded should applicant not be issued a license by the local licensing authority, or if application is withdrawn by the applicant before the local licensing authority acts on the application. 
   Coloradans will finally be able to view specific information about the medical marijuana industry later this year, if HB 1358 is enacted. By October 31, 2012, “the state licensing authority in consultation with the Colorado Bureau of Investigation and each local licensing authority for medical marijuana must publish a report on its website that shows specific information about applications, inspections, compliance and enforcement. 
   Lest readers have forgotten, the Colorado Board of Health in June of 2011 adopted new regulations regarding caregivers (medical marijuana providers serving five or fewer patients). Law enforcement officials will use the new regulations to enforce the law against people who are dealing drugs but claiming they are legitimate medical marijuana caregivers. 
   Introduced late (April 30th), HB 1358 also faces an uncertain fate in this legislative session. 
Lead Sponsors of House Bill 12-1358: Representatives Tom Massey, R-Chaffee/Custer/Freemont/Park/Pueblo/Saguache, 866-2747; and Beth McCann, D-Denver, 866-2959. No sponsor as yet in the Senate. 
The reader’s comments or questions are always welcome.  E-mail me at doris@dorisbeaver.com.
Doris Beaver