Senate Committee on Agriculture and Natural Resources (03/05/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:	03/05/2009	ATTENDANCE

Time:	01:40 PM to 05:57 PM	Brophy	X
		Gibbs	X
Place:	SCR 353	Harvey	X
		Kester	X
This Meeting was called to order by		Schwartz	X
	Senator Isgar	Hodge	X
		Isgar	X
This Report was prepared by
	David Beaujon
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-235		Amended, Referred to Appropriations

01:42 PM -- Senate Bill 09-235

Senator Gibbs and Senator Isgar, sponsors, described the provision of SB 09-235 that changes the fees for Wildlife Habitat Stamps issued by the Division of Wildlife, creates the Colorado Wildlife Passport, and sets priorities for the moneys raised. It prohibits the use of Wildlife Habitat Stamp proceeds for the purchase of a third-party conservation easement unless 15 percent or more of the purchase price comes from a source other than the division. The Colorado Wildlife Habitat Stamp Committee is authorized to waive this requirement under certain circumstances. The sunset review of the committee is extended to December 31, 2015. Senator Gibbs also described financial support from sportsmen for wildlife habitat protection.

01:50 PM

Senator Isgar and Gibbs responded to questions from the committee about the wildlife passport and whether a person must purchase the passport to access Division of Wildlife owned lands. They also distributed Amendment L. 003 (Attachment A).

The following persons testified on the bill:

01:57 PM -- Tom Remmington, Director of the Division of Wildlife (DOW), explained that Colorado is rapidly loosing rural lands and wildlife habitat due to residential development. He described use of the Wildlife Habitat Stamp moneys to purchase wildlife habitat and spoke in support of the bill. He also described efforts to increase contributions from nonhunters and nonanglers (hikers, bikers, conservationists who are also known as nonconsumptive users wildlife resources) for habitat preservation and how a portion of the moneys obtained from the sale of the Wildlife Passport will be used to market the passport to nonconsumptive users. He responded to questions from the committee concerning the bill's fiscal impact and use of Wildlife Habitat Stamp moneys for big game winter range and habitat for Gunnison Sage Grouse. He also described the authority of the state to impose a mandatory assessment on nonconsumptive users for wildlife habitat. Mr. Remmington also described the provisions of Amendment L. 003 and responded to questions from the committee about the requirements for nonresidents to purchase Wildlife Habitat Stamps as a condition of applying for a hunting or fishing license.

02:33 PM -- Bob Andreasen, Green Mill Sportsman's Club, spoke in opposition to the bill and spoke in support of using Wildlife Habit Stamp moneys to purchase land with public access for anglers and hunters.

02:40 PM -- Dave Gill, Colorado State Shooting Association, spoke in opposition to the bill and expressed concern about the role of conservation organizations on the Habitat Stamp Committee that makes recommendations to the DOW Director and the Wildlife Commission concerning the allocation of Wildlife Habitat Stamp revenue. He also described the need for additional big game migration corridors and winter range preservation.

02:46 PM -- Ed Robinson, representing himself, spoke in opposition to the bill and described habitat stamp program in Nebraska that uses money for habitat improvement and public access (Attachment B). He also responded to questions from the committee.

02:57 PM -- Eddie Coachman, representing himself, spoke in opposition to the bill and described the need for greater public access to lands purchased with public money (Attachment C). He also proposed amendments to the bill to implement a program to encourage public access and habitat protection on private land and to allow use of Wildlife Habitat Stamp moneys for operations and maintenance of DOW owned lands. He also responded to questions from the committee.

03:12 PM -- Terry Fankhauser, Colorado Cattlemen's Association, Colorado Outfitters Association, spoke in opposition to the bill and described the need for more public access to private lands using access agreements as an alternative to fee title land acquisition. He also spoke in opposition to using Wildlife Habitat Stamp moneys to purchase water rights and proposed amendments to the bill. He also responded to questions from the committee concerning the use of Wildlife Habitat Stamp money for access management instead of fee title land acquisition.

03:24 PM -- Troy Bredenkamp, Colorado Farm Bureau, spoke in opposition to the bill and the use of Wildlife Habitat Stamp revenue for fee title land acquisition by the DOW. He also proposed amendments that would resolve his organization's concern with the bill.

03:27 PM -- Mark Smith, Wildlife Habitat Stamp Committee, spoke in support of the bill and described the benefits of conservation easements purchased with Wildlife Habitat Stamp funds. He also responded to questions from the committee concerning the composition of the Wildlife Habitat Stamp Committee (Section 33-4-102.7, C.R.S.) and the cost of hunting and fishing licenses.

03:39 PM -- Chris Crosby, representing himself, spoke in support of the bill and described the need for public access to reservoirs and other wildlife resource areas in the state.

03:42 PM -- Kent Ingram, Sportsmen Advisory Group, spoke in support of the bill and described the benefits from Wildlife Habitat Stamp funds. He described the need for public access to lands purchased with Wildlife Habitat Stamp funds. He also responded to questions from the committee concerning the composition of the Wildlife Habitat Stamp Committee and the need for public access to private property.

03:52 PM -- Rod Power, representing himself, described a conservation easement on land he owns in Mesa County and the benefits it provides to wildlife and the general public. He also testified in support of the bill.

03:55 PM -- Dick Steele, Colorado Resident Hunters Equality Task Force, Colorado Mule Deer Association, Colorado Sportsmen's Wildlife Fund, testified in support of the bill and the need to use Wildlife Habitat Stamp funds to preserve habitat for big game animals (Attachment D).

04:01 PM -- Ron Tipping, representing himself, testified in support of the bill and described the need to protect big game habitat in Colorado.

04:04 PM -- Lynn Ensley, Colorado Sportsmen's Wildlife Fund, testified in support of the bill. He also described the loss of big game winter range and migratory corridors in Colorado and the efforts of sportsmen that lead to the creation of the Wildlife Habitat Stamp program. He also responded to questions about current law (Section 33-4-102.7 (4), C.R.S.) that requires that at least 60 percent of the Wildlife Habitat Stamp revenue be used for big game winter range or big game migration corridors.

04:08 PM -- Denny Behrens, Colorado Mule Deer Association, testified in support of the bill. He also expressed concern about the loss of big game migratory corridors and big game winter range in Colorado and the efforts of sportsmen that lead to the creation of the Wildlife Habitat Stamp program (Attachment E). He also responded to questions concerning the history of the Wildlife Habitat Stamp program and efforts to obtain public access to wildlife habitat.

04:14 PM -- Tommy Lorden, Colorado Trout Unlimited, testified in support of the bill and described Wildlife Habitat Stamp revenue obtained from anglers. He also described the need to preserve fish habitat.

04:21 PM -- Paige Lewis, Nature Conservancy, testified in support of the bill and explained that conservancy groups have donated over $2 million that was used to match Wildlife Habitat Stamp revenue to preserve wildlife habitat. She also read a letter of support for the bill from Mr. Thomas Gilmore, former President of Adams State College, who placed a conservation easement on his family's ranch in the San Luis Valley using Wildlife Habitat Stamp revenue. Ms. Lewis responded to questions concerning the requirement in Section 5 of the bill (Page 8 of the printed bill) that at least 15 percent of conservation easements price be paid by conservation groups as a condition of using Wildlife Habitat Stamp revenue.

04:25 PM -- Robin Knox, American Federation of Fly Fishing Association, testified in support of the bill and described the economic benefits related to fishing in the state. He also spoke in support of using Wildlife Habitat Stamp moneys to preserve fish habitat and identified provisions of the bill that will benefit Colorado anglers.

04:32 PM -- Bryan Martin, Executive Director, Colorado Mountain Club, testified in support of the bill and described efforts to increase purchases of Wildlife Habitat Stamps by nonhunters and nonanglers (Attachment F). He also described financial contributions from conservation organizations for the purchase of wildlife habitat.

04:39 PM -- Suzanne O'Neil, Colorado Wildlife Federation, testified in support of the bill and described the benefits of preserving migratory corridors and winter ranges for numerous species. She also responded to earlier testimony about using Wildlife Habitat Stamp for fee title land purchases.

04:41 PM -- Dan Larkin, Wildlife Habitat Stamp Committee, testified in support of the bill and described the implementation of the 2005 law that created the Wildlife Habitat Stamp program. He also described the committee's process for making recommendations for spending from the Wildlife Habitat Stamp fund and described the need for habitat preservation throughout the state. He also commented on the requirement in current law that at least 60 percent of the Wildlife Habitat Stamp revenue be used for big game winter range or big game migration corridors.

04:50 PM -- David Nickum, Colorado Trout Unlimited, testified in support of the bill and described the economic benefits of fishing in the state. He also described the need to preserve fish habitat using Wildlife Habitat Stamp moneys and responded to questions concerning the support among anglers for increasing the Wildlife Habitat Stamp fees for anglers from $5 to $10.

04:54 PM -- Ivan James, Colorado Bowhunter's Association, testified in support of the bill and described habitat conservation projects purchased with Wildlife Habitat Stamp funds. He identified sportsmen's and conservation groups that support the bill and compared the price of hunting licenses in Colorado and other states. He also spoke in support of increasing public access to hunting opportunities and the need to preserve big game migration corridors.

05:06 PM -- Paul Tochtrop, representing himself, described the need to increase public access to wildlife habitat using Wildlife Habitat Stamp moneys. He also explained that Section 33-4-102.7, C.R.S. that creates the Wildlife Habitat Stamp Program is repealed on December 31, 2010 and urged the committee to table the bill to allow additional consideration of the issues addressed in the bill.

05:10 PM -- Director Remmington commented on proposed amendments to the bill.


BILL:	SB09-235
TIME:	05:17:02 PM
MOVED:	Isgar
MOTION:	Moved amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:16 PM

Kate Meyer, Office of Legislative Legal Services, addressed the committee and explained L.010 (Attachment G), which amends L.003 and makes clarifications and corrects drafting errors.


BILL:	SB09-235
TIME:	05:17:31 PM
MOVED:	Isgar
MOTION:	Moved amendment L.010 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Brophy
	Gibbs
	Harvey
	Kester
	Schwartz
	Hodge
	Isgar

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:19 PM

Senator Brophy introduced prepared amendment L.001 (Attachment H) and explained that the amendment would retain 50 percent from the stamp fund for the preservation of big game habitat. Committee discussion ensued concerning conservation projects selected by the commission and the percentage split of the habitat stamp fund.


BILL:	SB09-235
TIME:	05:20:42 PM
MOVED:	Brophy
MOTION:	Moved amendment L.001 (Attachment H). The motion failed 3-4.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	No
	Harvey	Yes
	Kester	Yes
	Schwartz	No
	Hodge	No
	Isgar	No

Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

05:32 PM

Senator Brophy introduced prepared amendment L.002 (Attachment I) and explained the amendment.


BILL:	SB09-235
TIME:	05:32:40 PM
MOVED:	Brophy
MOTION:	Moved amendment L.002 (Attachment I). The motion failed 2-5.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	No
	Harvey	Yes
	Kester	No
	Schwartz	No
	Hodge	No
	Isgar	No

Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

05:33 PM

Senator Brophy introduced prepared amendment L.004 (Attachment J) and explained the amendment.


BILL:	SB09-235
TIME:	05:33:28 PM
MOVED:	Brophy
MOTION:	Moved amendment L.004 (Attachment J). The motion failed 2-5.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	No
	Harvey	No
	Kester	Yes
	Schwartz	No
	Hodge	No
	Isgar	No

Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

05:34 PM

Senator Brophy introduced prepared amendment L.006 (Attachment K) and explained the amendment. L.006 was withdrawn. Senator Brophy introduced prepared amendment L.005. Committee discussion ensued concerning prepared amendment L.005 (Attachment L). L.005 was withdrawn.


BILL:	SB09-235
TIME:	05:34:46 PM
MOVED:	Brophy
MOTION:	Moved amendment L.007 (Attachment M). The motion passed 4-3.
SECONDED:
		VOTE
	Brophy	Yes
	Gibbs	No
	Harvey	Yes
	Kester	Yes
	Schwartz	No
	Hodge	No
	Isgar	Yes

Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:52 PM

Senator Brophy introduced prepared amendment L.008 (Attachment N) and explained the amendment. Committee discussion ensued concerning state property. Amendment L.008 was withdrawn.


BILL:	SB09-235
TIME:	05:56:13 PM
MOVED:	Isgar
MOTION:	Moved to refer Senate Bill 09-235, as amended, to the Committee on Appropriations. The motion passed 5-2.
SECONDED:
		VOTE
	Brophy	No
	Gibbs	Yes
	Harvey	No
	Kester	Yes
	Schwartz	Yes
	Hodge	Yes
	Isgar	Yes

Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:57 PM

The committee adjourned.