House Committee on Agriculture, Livestock, & Natural Resources (04/22/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	04/22/2009	ATTENDANCE

Time:	03:27 PM to 09:02 PM	Gardner C.	X
		Hullinghorst	*
Place:	HCR 0107	Labuda	X
		Looper	X
This Meeting was called to order by		McKinley	*
	Representative Curry	McNulty	*
		Pace	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	E
		Vigil	*
		Fischer	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-118 SB09-235		Amended, Referred to Appropriations Amended, Referred to Appropriations

03:27 PM -- Senate Bill 09-118

Representative Fischer, prime sponsor, presented Senate Bill 09-118 concerning the continuation of pet animal care regulation. The reengrossed bill continues the Pet Animal Care and Facilities Act (PACFA) until July 1, 2019, and the Pet Animal Advisory Committee indefinitely. Changes to the regulation of pet animal care and facilities by the PACFA program in the Department of Agriculture include authorizing the Commissioner of Agriculture to set fees and dates for licensing; adding a new facilities inspector; expanding the definition of pet animal to include rats and gerbils; allowing a person who breeds turtles to own turtles smaller than 4 inches; directing that fines collected for civil violations be deposited in the General Fund rather than the Pet Animal Care and Facility Fund; repeals the requirement that the commissioner consider the effect of a penalty on the ability of the person charged to stay in business; and requires each facility to display signs that contains contact information for the department. Representative Fischer answered questions from the committee.

The following individuals testified:

03:32 PM -- Dr. Keith Roehr, a veterinarian with the Colorado Department of Agriculture, spoke in support of the bill. He specifically expressed support for the additional FTE specified in the bill. Dr. Roehr responded to questions about the Commissioner of Agriculture's authority to set fees and current caps on fees, which are capped in statute at $350 per year. He also responded to questions from the committee about the provisions in the bill regarding owning and breeding turtles.

03:36 PM -- Douglas Johnson, representing the Colorado Federation of Dog Associations (CFDA) and the Colorado Springs Kennel Club, stated that the both organizations support the bill. He also indicated support for the additional inspector provided through the bill.

03:38 PM -- Joann Farrend, Colorado Association of Dog Daycares, spoke in support of adding an amendment that a representative of dog day care facilities be included on the advisory committee.

03:41 PM -- Holly Tarry, Humane Society of the United States, spoke in support of the bill. She explained that while her organization supports the passage of the bill, she still believes that there are problems with PACFA. She described instances of animal cruelty that she believed were a result of existing problems with the act.

03:48 PM -- Carmen Revord, a licensed dog breeder representing the Colorado Pet Association, spoke in favor of the bill. She described a number of improvements that she believes are still needed, including having the next sunset review in five years rather than ten years. She also discussed the need for term limits for members on the Pet Animal Advisory Committee.

03:55 PM -- Cristal Newell, Colorado Association of Dog Day Cares, spoke in support of the bill. She discussed her support for an amendment to include representation from the dog daycare industry on the advisory committee and why it is important to have the perspectives of that industry on the committee. She also described the hardship experienced by dog day care owners when they are inspected. She ended by expressing her support for the addition of an additional inspector in the bill. Ms. Newell answered questions from the committee.

04:00 PM -- Will Miller, a dog daycare owner in Colorado, spoke in support of the bill and also expressed support for an amendment to an add advisory committee member from the dog daycare industry.

04:01 PM -- Dr. Kate Anderson, State Veterinarian with the Colorado Department Agriculture, spoke in support of the bill and the provision in the bill that provides funding for the additional inspector. She explained the current composition of the advisory committee and responded to discussion about conducting another sunset review in five years rather than ten and the costs associated with an earlier review. She answered questions from the committee concerning facilities that are able to continue operating in spite of an animal cruelty charges.


BILL:	SB09-118
TIME:	04:09:37 PM
MOVED:	Curry
MOTION:	Moved amendment L.013 (Attachment A). The motion passed without objection.
SECONDED:	Looper
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-118
TIME:	04:10:29 PM
MOVED:	Curry
MOTION:	Moved a conceptual amendment to L.013 on line 16 to strike "non-overnight". The amendment passed without objection.
SECONDED:	McNulty
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-118
TIME:	04:10:54 PM
MOVED:	Curry
MOTION:	Moved amendment L.014 (Attachment B). The motion passed without objection.
SECONDED:	Looper
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-118
TIME:	04:12:48 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.015 (Attachment C) to change the sunset review date from 2019 to 2014. Kate Meyer, Office of Legislative Legal Services, explained the amendment. The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-118
TIME:	04:22:40 PM
MOVED:	Fischer
MOTION:	Moved to refer Senate Bill 09-118, as amended, to the Committee on Appropriations. The motion passed on a 12-0 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Excused
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:24 PM -- Senate Bill 09-235

Representative Merrifield, prime sponsor, presented Senate Bill 09-235, concerning certain fees charged by the Division of Wildlife. The bill makes changes to 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 habitat stamp fee 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 Wildlife Commission is authorized to waive this requirement under certain circumstances. The sunset review of the Colorado Wildlife Habitat Stamp Committee is extended to December 31, 2013.

The following individuals testified on the bill:

04:38 PM -- Terry Fankhauser, Colorado Cattlemen's Association, spoke against the bill because of the provisions in the bill relating to fee title acquisition. He also discussed concerns regarding public access to conservation easements. He also expressed opposition to a Senate amendment that would direct funding for purchasing instream flow water rights. Mr. Fankhauser answered questions from the committee regarding wildlife habitat that exists on private lands.

04:50 PM

Representative Merrifield discussed the loss of agricultural land in the state and the value these lands provide to wildlife.

04:53 PM -- Troy Bredenkamp, representing the Colorado Farm Bureau, spoke against the bill. He expressed his opinion that the stakeholder process facilitated by the Division of Wildlife was flawed and that farmers and ranchers did not have an adequate opportunity to have their voices heard. He also indicated opposition to the provision of the bill that would allow for the acquisition of instream flow rights.

04:58 PM -- Bob Andreasen, representing the Green Mill Sportsmans Club, spoke in opposition to the bill. He stated that he is not in opposition to habitat stamps, but is opposed to the percentage increase of the fees. He explained that he believes this would be a financial hardship to many sportsmen and discussed hunting fee structures in other states.

05:04 PM -- David Nickum, representing Colorado Trout Unlimited, spoke in support of the bill. He expressed support of habitat improvement projects that were funded through the Habitat Stamp Program. He indicated that his organization supports the fee increase from $5 to $10.

05:06 PM -- Ivan James, representing the Colorado Bowhunters Association, spoke in support of the bill. He indicated that he supported Representative Merrifield's description of the bill and why it was needed. He outlined the variety of groups and interests that support the fee increase and distributed copies of the Bowhunter Magazine that had article on the Habitat Stamp Program. (The magazine is available to association members only. See www.coloradobowhunting.org for more information.) He concluded his testimony by discussing habitat loss in Colorado as a result of increasing development. Mr. James answered questions from the committee concerning funding in the bill for acquiring instream flows.

05:15 PM -- Suzanne O'Neill, Executive Director of the Colorado Wildlife Federation, spoke in favor of the bill. She expressed support for restoring the sunset of the program from three years to five years. When asked about her position regarding provisions in the bill that allow the acquisition of instream flow water rights, she indicated that her organization preferred that the habitat committee make those types of decisions but that her organization did not oppose the amendment in the Senate.

05:18 PM -- Kent Ingram, representing the Sportsmen's Advisory Group, spoke in favor of the bill. He expressed support for having a five year sunset term rather than three years. He discussed the importance of having the option for fee title land acquisition in the bill. He also talked about the need for the wildlife passport fund as a way to involve non-hunters and non-anglers in funding wildlife conservation.

05:22 PM -- Bryan Martin, representing the Colorado Mountain Club, spoke in support of the bill and discussed the need to involve non-consumptive users in the Habitat Stamp Program. He distributed a fact sheet with the conservation community's ideas for involving non-consumptive users in the Habitat Stamp Program (Attachment D).

05:25 PM -- Ed Robinson, representing himself, spoke neutrally about the bill. He expressed concern about the habitat stamp fee structure and discussed Nebraska's habitat stamp program.

05:33 PM

The committee recessed until later in evening.

07:18 PM

The committee reconvened and continued to take testimony on Senate Bill 09-235.

07:19 PM -- Eddie Kochman, a retired Division of Wildlife employee representing himself, spoke about his concerns with the bill. He explained that he was active in the original habitat stamp bill and believed that this bill could be improved. He also discussed the need for improvements in the division's outreach efforts and his views about the instream flow provisions in the bill.

07:31 PM -- Jen Boulton, representing Colorado Trout Unlimited, responded to an earlier question from the committee that Trout Unlimited supports the bill with the Senate amendment regarding instream flow acquisition and would oppose the removal of the amendment, but that if this provision was removed Trout Unlimited would continue to support the bill.

07:32 PM -- Tom Remington, Director of the Division of Wildlife, discussed the economic importance of wildlife hunting and recreation. He explained that sportsmen asked that at least a portion of the fees from habitat stamps be directed to habitat conservation and that this funding has become an important funding source for the division's wildlife protection programs. Director Remington described the stakeholder process that went into crafting this bill, and the discussions about how to reach non-consumptive use stakeholders that lead to the idea for the wildlife passport. He further explained how several portions of the bill address administrative problems the division identified with the program. He explained his belief that this is the right time for a fee increase and the support for the increase among sportsmen's groups. He explained that Colorado's fee are comparable to the fee structures in other states. He addressed concerns about fee title acquisition raised in earlier testimony and concluded that the issue is not whether to increase fees but where to spend the money. He answered questions from the committee and discussed the division's position on some of the possible amendments.

08:09 PM

The committee continued to ask Director Remington questions. The committee and Director Remington discussed the purpose of conservation easements and easements held by the Division of Wildlife.

08:17 PM

Director Remington discussed federal aid provided to the division from the Pittman-Robertson Act and restrictions on how the division can use federal funding.

08:26 PM

The committee recessed.

08:43 PM

The committee came back to order.


BILL:	SB09-235
TIME:	08:44:22 PM
MOVED:	Pace
MOTION:	Moved amendment L.033 (Attachment E). The motion was withdrawn.
SECONDED:	Gardner C.
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: WITHDRAWN


BILL:	SB09-235
TIME:	08:46:10 PM
MOVED:	Labuda
MOTION:	Moved amendment L.038 (Attachment F ). Kate Meyer, Office of Legislative Legal Services, explained the effect of amending the date in the amendment from March to June. The amendment was amended (see vote sheet below). The motion as amended passed without objection.
SECONDED:	Fischer
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-235
TIME:	08:56:30 PM
MOVED:	McNulty
MOTION:	Moved to change the date in Amendment L.038 from March 1, 2010 to June 1, 2010 on lines 2, 4, 16, and 21. (Attachment G reflects the changes made to Amendment L.038.) The motion passed on a 10-1 roll call vote.
SECONDED:	Sonnenberg
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	No
	Looper	Yes
	McKinley	Excused
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Excused
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Not Final YES: 10 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-235
TIME:	09:01:18 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer Senate Bill 09-235, as amended, to the Committee on Appropriations. The motion passed on an 11-0 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Excused
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Excused
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

09:02 PM

The committee adjourned.