Amendments for HB23-1066
House Journal, March 13
17 Amend printed bill, strike everything below the enacting clause and
18 substitute:
19
20 "SECTION 1. In Colorado Revised Statutes, add 33-1-127 as
21 follows:
22 33-1-127. Public land access task force - report - definitions -
23 repeal. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
24 REQUIRES:
25 (a) "PRIVATELY OWNED LAND" MEANS REAL PROPERTY NOT
26 OWNED BY A GOVERNMENT ENTITY.
27 (b) "PUBLIC LAND" MEANS REAL PROPERTY OWNED BY A
28 GOVERNMENT ENTITY.
29 (c) "TASK FORCE" MEANS THE PUBLIC LAND ACCESS TASK FORCE
30 CREATED IN SUBSECTION (2) OF THIS SECTION.
31 (2) THERE IS HEREBY CREATED IN THE DIVISION THE PUBLIC LAND
32 ACCESS TASK FORCE TO STUDY THE ISSUE OF ACCESS TO PUBLIC LAND
33 THAT SHARES A BORDER WITH PUBLIC LAND BUT TO WHICH ACCESS IS
34 BLOCKED BY PRIVATELY OWNED LAND.
35 (3) (a) THE TASK FORCE CONSISTS OF NINE MEMBERS APPOINTED
36 AS FOLLOWS:
37 (I) THE EXECUTIVE DIRECTOR SHALL APPOINT ONE NONVOTING, EX
38 OFFICIO MEMBER WHO REPRESENTS THE DIVISION;
39 (II) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
40 APPOINT:
41 (A) ONE MEMBER WHO REPRESENTS A STATEWIDE HUNTING
42 ORGANIZATION;
43 (B) ONE MEMBER WHO REPRESENTS A STATEWIDE AGRICULTURAL
44 ORGANIZATION;
45 (C) ONE MEMBER WHO IS A LAWYER WHO PRACTICES CIVIL
46 LITIGATION IN THE AREA DESCRIBED IN SUBSECTION (8)(a) OF THIS
47 SECTION; AND
48 (D) ONE MEMBER WHO IS AN OUTDOOR RECREATIONAL
49 ENTHUSIAST; AND
50 (III) THE PRESIDENT OF THE SENATE SHALL APPOINT:
51 (A) TWO MEMBERS WHO REPRESENT OWNERS OF PRIVATELY
52 OWNED LAND THAT BLOCKS ACCESS TO PUBLIC LAND;
53 (B) ONE MEMBER WHO REPRESENTS A STATEWIDE OUTDOOR
54 RECREATIONAL ASSOCIATION; AND
55 (C) ONE MEMBER WHO IS A HUNTER OR ANGLER.
1 (b) EACH APPOINTING AUTHORITY SHALL MAKE THE INITIAL
2 APPOINTMENTS TO THE TASK FORCE NO LATER THAN SEPTEMBER 1, 2023.
3 (4) EACH MEMBER OF THE TASK FORCE WHO IS APPOINTED IN
4 ACCORDANCE WITH THIS SECTION SERVES AT THE PLEASURE OF THE
5 OFFICIAL WHO APPOINTED THE MEMBER.
6 (5) THE MEMBERS OF THE TASK FORCE SERVE WITHOUT
7 COMPENSATION AND WITHOUT REIMBURSEMENT FOR EXPENSES FROM THE
8 STATE; EXCEPT THAT MEMBERS WHO ARE STATE EMPLOYEES MAY BE
9 COMPENSATED AS STATE EMPLOYEES.
10 (6) (a) THE EXECUTIVE DIRECTOR SHALL ORGANIZE AND CALL THE
11 FIRST MEETING OF THE TASK FORCE BY SEPTEMBER 15, 2023.
12 (b) THE TASK FORCE SHALL ELECT A CHAIR FROM AMONG ITS
13 MEMBERS.
14 (c) THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES BY
15 NOVEMBER 15, 2023. THE CHAIR MAY CALL SUCH ADDITIONAL MEETINGS
16 AS ARE NECESSARY FOR THE TASK FORCE TO COMPLETE ITS DUTIES.
17 (7) THE TASK FORCE MAY SEEK INFORMATION AND OPINIONS FROM
18 AND TAKE TESTIMONY FROM RELEVANT GOVERNMENT AGENCIES AND
19 INTERESTED INDIVIDUALS, BUSINESSES, GROUPS, AND ASSOCIATIONS.
20 (8) THE TASK FORCE SHALL:
21 (a) STUDY THE ISSUE OF PRIVATELY OWNED LAND BLOCKING
22 ACCESS TO PUBLIC LAND, PARTICULARLY WHEN TWO PARCELS OF PUBLIC
23 LAND SHARE A BORDER, USUALLY AT THE CORNERS;
24 (b) ALLOW INTERESTED PARTIES TO GIVE ORAL OR WRITTEN
25 TESTIMONY AS TO THE ISSUES DESCRIBED IN THIS SUBSECTION (8) AND
26 SUBSECTION (9) OF THIS SECTION; AND
27 (c) MAKE LEGISLATIVE RECOMMENDATIONS, IN ACCORDANCE
28 WITH SUBSECTION (11) OF THIS SECTION, DESIGNED TO ALLOW THE PUBLIC
29 TO ACCESS PUBLIC LAND THAT IS BLOCKED AS DESCRIBED IN SUBSECTION
30 (8)(a) OF THIS SECTION.
31 (9) THE TASK FORCE SHALL CONSIDER THE FOLLOWING ISSUES:
32 (a) THE RIGHT OF THE PUBLIC TO HAVE ACCESS TO AND USE PUBLIC
33 LAND;
34 (b) THE RIGHTS OF LANDOWNERS TO THEIR PRIVATELY OWNED
35 LAND;
36 (c) THE RELATIVE COST AND DIFFICULTY OF COMPLIANCE WITH
37 ANY LEGISLATIVE RECOMMENDATIONS MADE BY THE TASK FORCE; AND
38 (d) THE LEGAL FRAMEWORK RELEVANT TO ANY LEGISLATIVE
39 RECOMMENDATIONS MADE BY THE TASK FORCE AND TO THE ISSUES
40 DESCRIBED IN THIS SUBSECTION (9) AND SUBSECTION (8) OF THIS SECTION.
41 (10)(a) UPON REQUEST BY THE TASK FORCE, THE DEPARTMENT
42 SHALL PROVIDE OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS MAY
43 BE NECESSARY TO IMPLEMENT THIS SECTION.
44 (b) THE DIVISION, DEPARTMENT, AND EXECUTIVE DIRECTOR MAY
45 CONTRACT WITH THIRD PARTIES TO IMPLEMENT THIS SECTION.
46 (11) ON OR BEFORE NOVEMBER 15, 2023, THE TASK FORCE SHALL
47 TRANSMIT A REPORT TO THE HOUSE OF REPRESENTATIVES AGRICULTURE,
48 WATER, AND NATURAL RESOURCES COMMITTEE AND THE SENATE
49 AGRICULTURE AND NATURAL RESOURCES COMMITTEE, OR ANY SUCCESSOR
50 COMMITTEES. THE REPORT MUST INCLUDE THE TASK FORCE'S LEGISLATIVE
51 RECOMMENDATIONS.
52 (12) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
53
1 SECTION 2. Act subject to petition - effective date. This act
2 takes effect at 12:01 a.m. on the day following the expiration of the
3 ninety-day period after final adjournment of the general assembly; except
4 that, if a referendum petition is filed pursuant to section 1 (3) of article V
5 of the state constitution against this act or an item, section, or part of this
6 act within such period, then the act, item, section, or part will not take
7 effect unless approved by the people at the general election to be held in
8 November 2024 and, in such case, will take effect on the date of the
9 official declaration of the vote thereon by the governor.".
10
11 Page 1, strike line 103 and substitute "CORNERS, AND, IN CONNECTION
12 THEREWITH, CREATING A TASK FORCE TO STUDY THE ISSUE OF ACCESS
13 TO PUBLIC LANDS THAT ARE BLOCKED BY PRIVATELY OWNED LANDS.
House Journal, April 29
29 HB23-1066 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend the Agriculture, Water, and Natural Resources Committee Report,
34 dated March 13, 2023, page 1, line 10, after "(b)" insert "(I)".
35
36 Page 1, after line 11 insert:
37
38 "(II) "PUBLIC LAND" DOES NOT INCLUDE STATE TRUST LAND OR
39 LAND UNDER THE CONTROL OF THE STATE BOARD OF LAND
40 COMMISSIONERS.".
41
42 Page 1, strike line 19 and substitute "BY THE DIRECTOR, AS FOLLOWS:".
43
1 Page 1, strike line 20 and substitute:
2
3 "(I) ONE NONVOTING, EX".
4
5 Page 1, strike lines 22 and 23.
6
7 Page 1, line 24, strike "(A)" and substitute "(II)".
8
9 Page 1, line 26, strike "(B)" and substitute "(III)".
10
11 Page 2, line 1, strike "(C)" and substitute "(IV)".
12
13 Page 2, line 3, strike "AND".
14
15 Page 2, line 4, strike "(D)" and substitute "(V)".
16
17 Page 2, line 5, strike "AND".
18
19 Page 2, strike line 6.
20
21 Page 2, line 7, strike "(A)" and substitute "(VI)".
22
23 Page 2, line 9, strike "(B)" and substitute "(VII)".
24
25 Page 2, line 11, strike "(C)" and substitute "(VIII)".
26
27 Page 2, line 12, strike "EACH APPOINTING AUTHORITY" and substitute
28 "THE DIRECTOR".
29
30 Page 2, line 13, strike "SEPTEMBER" and substitute "OCTOBER".
31
32 Page 2, after line 13 insert:
33
34 "(c) THE DIRECTOR SHALL INVITE A REPRESENTATIVE OF THE
35 UNITED STATES BUREAU OF LAND MANAGEMENT IN THE DEPARTMENT OF
36 THE INTERIOR TO BE A MEMBER OF THE TASK FORCE.
37 (d) AN APPOINTED MEMBER WHO CANNOT ATTEND A MEETING MAY
38 DESIGNATE A PERSON TO REPRESENT THE MEMBER FOR THE MEETING.".
39
40 Page 2, strike line 16 and substitute "DIRECTOR.".
41
42 Page 2, line 22, strike "SEPTEMBER" and substitute "OCTOBER".
43
44 Page 2, line 23, after "CHAIR" insert "WHO IS NOT A STATE OR FEDERAL
45 EMPLOYEE".
46
47 Page 2, strike lines 25 through 27 and substitute:
48
49 "(c) THE TASK FORCE SHALL MEET AS OFTEN AS NECESSARY, AS
50 DETERMINED BY THE CHAIR, TO COMPLETE ITS DUTIES.".
51
52 Page 2, line 29, strike "AND TAKE TESTIMONY FROM".
53
54 Page 2, line 34, after "CORNERS;" add "AND".
55
56 Page 2, strike lines 35 through 37.
1 Reletter succeeding paragraph accordingly.
2
3 Page 2, line 38, after "LEGISLATIVE" insert "AND OTHER".
4
5 Page 3, line 6, strike "LEGAL FRAMEWORK" and substitute "LAWS".
6
7 Page 3, strike lines 10 and 11 and substitute "SHALL SUPPORT THE TASK
8 FORCE IN ACCOMPLISHING ITS DUTIES UNDER THIS SECTION.".
9
10 Page 3, line 14, strike "NOVEMBER 15, 2023," and substitute "JANUARY
11 1, 2024,".
12
13 Page 3, after line 20 insert:
14
15 "SECTION 2. Appropriation. For the 2023-24 state fiscal year,
16 $50,000 is appropriated to the department of natural resources for use by
17 the division of parks and wildlife. This appropriation is from the general
18 fund. To implement this act, the division may use this appropriation for
19 wildlife operations.".
20
21 Renumber succeeding section accordingly.
22
23 Page 3 of the report, line 32, strike "LANDS."." and substitute "LANDS AND
24 MAKING AN APPROPRIATION.".".
25
26
House Journal, May 3
26 Amendment No. 1, Appropriations Report, dated April 29, 2023, and
27 placed in member's bill file; Report also printed in House Journal,
28 April 29, 2023.
29
30 Amendment No. 2, Agriculture, Water & Natural Resources Report, dated
31 March 14, 2023, and placed in member's bill file; Report also printed in
32 House Journal, March 14, 2023.
33
34 Amendment No. 3, by Representative Bradley:
35
36 Amend the Appropriations Committee Report, dated April 29, 2023, page
37 2, line 12, strike "AN APPOINTED MEMBER WHO CANNOT ATTEND A
38 MEETING MAY" and substitute "IF AN APPOINTED MEMBER CANNOT
39 ATTEND A MEETING, THE APPOINTING AUTHORITY MAY".
40
41 Amendment No. 4, by Representative Bradley:
42
43 Amend the Agriculture, Water, and Natural Resources Committee Report,
44 dated March 13, 2023, page 1, line 24, strike "ONE MEMBER" and
45 substitute "TWO MEMBERS".
46
47 Page 2, line 3, strike "section;" and substitute "SECTION, AND ONE
48 MEMBER WHO IS A LAWYER WITH EXPERTISE IN PRIVATE PROPERTY
49 RIGHTS;".
50
51 Page 2, lines 39 and 40, strike "ALLOW THE PUBLIC TO ACCESS PUBLIC
52 LAND THAT IS BLOCKED AS" and substitute "ADDRESS THE ISSUE".
53
54 Page 3, line 5, strike "AND".
55
1 Page 3, line 8, strike "SECTION." and substitute "SECTION; AND
2 (E) THE EFFECT AND EFFECTIVENESS OF ACTIONS TAKEN BY STATE
3 AGENCIES THAT RELATE TO THE ISSUES DESCRIBED IN THIS SUBSECTION (9)
4 AND SUBSECTION (8) OF THIS SECTION.".
5
6 As amended, ordered engrossed and placed on the Calendar for Third
7 Reading and Final Passage.
8