House Committee on Agriculture, Livestock, & Natural Resources (04/01/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	04/01/2009	ATTENDANCE

Time:	10:12 AM to 08:01 PM	Gardner C.	X
		Hullinghorst	X
Place:	HCR 0107	Labuda	X
		Looper	X
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	X
		Pace	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Fischer	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-154 SB09-174 SB09-158 HB09-1317 HB09-1303 SB09-024		Amended, Referred to Appropriations Amended, Referred to Finance Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

10:14 AM -- Senate Bill 09-154

Representative Curry, prime sponsor, presented HB 09-154 concerning the funding of personnel for the "Livestock Health Act". The bill allows the Commissioner of Agriculture to use the continuously appropriated Veterinary Vaccine and Service Fund to hire staff. Moneys in the fund are currently specified for the purchase of supplies, laboratory expenses, and expenses incidental to the infectious or contagious disease control and eradication program. A letter from Paul Chard, Cattleman's Resources, Inc. was distributed to the committee (Attachment A).

The following individuals testified:

10:19 AM -- Jim Miller, Department of Agriculture, spoke in favor of the bill and described various tests for livestock diseases, their costs, and the effects diseases can have on livestock. Mr. Miller answered questions from the committee about stakeholder groups that were consulted about the bill. The committee discussed the differences between the roles of the Veterinary Diagnostic Laboratories at Colorado State University and the Department of Agriculture in testing livestock for diseases.

10:33 AM -- Steve Holdren, representing the Colorado Livestock Association and the Colorado Cattlemen's Association, indicated that both organizations support the bill.


BILL:	SB09-154
TIME:	10:35:40 AM
MOVED:	Gardner C.
MOTION:	Moved amendment L.002 (Attachment B). The motion passed on a 12-1 roll call vote.
SECONDED:	Sonnenberg
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Not Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-154
TIME:	10:42:25 AM
MOVED:	Curry
MOTION:	Moved to refer Senate Bill 09-154, as amended, to the Committee on Appropriations. The committee discussed their positions on the bill. The motion passed on a 10-3 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	No
	Pace	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:45 AM

The committee recessed until 1:30 PM.

01:34 PM -- Senate Bill 09-174

The committee reopened SB 09-174 concerning pari-mutuel racing, in the amendment phase. Testimony was heard on the bill on March 24 and March 31.


BILL:	SB09-174
TIME:	01:36:30 PM
MOVED:	Solano
MOTION:	Moved amendment L.009 (Attachment C ). A substitute amendment, L.015 was offered and was passed (see vote sheet below).
SECONDED:	Hullinghorst
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-174
TIME:	01:45:53 PM
MOVED:	Looper
MOTION:	Moved substitute amendment L.015 (Attachment D). The motion passed on a 10-3 roll call vote.
SECONDED:	Labuda
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	No
	McNulty	Yes
	Pace	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-174
TIME:	01:43:56 PM
MOVED:	Solano
MOTION:	Moved amendment L.010 (Attachment E). The motion failed on a 3-10 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	No
	Looper	No
	McKinley	No
	McNulty	No
	Pace	No
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	Yes
	Fischer	No
	Curry	No
Not Final YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-174
TIME:	01:37:09 PM
MOVED:	Solano
MOTION:	Moved amendment L.016 (Attachment F). The motion failed on a 3-10 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	No
	Looper	No
	McKinley	No
	McNulty	No
	Pace	No
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	No
	Fischer	Yes
	Curry	No
Not Final YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-174
TIME:	01:49:17 PM
MOVED:	Looper
MOTION:	Moved amendment L.008 (Attachment G). An amendment to L.008 was moved and passed without objection (see vote sheet below). Amendment L.008, as amended, passed without objection.
SECONDED:	Solano
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-174
TIME:	01:50:56 PM
MOVED:	Solano
MOTION:	Moved to amend L.008, line 6, to say that reports must be submitted in 2010, 2011, and 2012. The motion passed without objection.
SECONDED:	Vigil
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-174
TIME:	01:53:52 PM
MOVED:	Fischer
MOTION:	Moved to refer Senate Bill 09-174, as amended, to the Committee on Finance. The motion passed on a 12-1 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:55 PM -- Senate Bill 09-158

Representative Baumgardner, prime sponsor, presented SB 09-158 concerning analysis by the Department of Natural Resources of conservation programs implemented on private lands. The bill, as amended by the Senate Agriculture and Natural Resources Committee, requires the Department of Natural Resources to carry out a study of federal and state landowner conservation programs that offer monetary compensation to landowners who set aside lands or adopt specific land management strategies. The purpose of the study is to gather data and information about state and federal programs.

The following individuals testified:

01:58 PM -- Doug Robotham, Department of Natural Resources, spoke in favor of the bill and described what the study in the bill would encompass and provided a summary of the bill (Attachment H). He answered questions from the committee.

02:03 PM -- Troy Bredenkamp, representing the Colorado Farm Bureau, spoke in favor of the bill because the study would provide information that would be useful to landowners.

02:04 PM -- Terry Fankhauser, Colorado Cattlemen's Association, spoke in favor of the bill. He indicated support for provisions in the bill that would protect the confidentiality of landowner's information.


BILL:	SB09-158
TIME:	02:06:53 PM
MOVED:	McNulty
MOTION:	Moved to refer Senate Bill 09-158, as amended, to the Committee on Appropriations. A substitute motion was offered to postpone SB 09-158 indefinitely. The motion passed but was reconsidered. See the votesheets below. The motion to refer SB 09-158, as amended, to the Committee on Appropriations passed on a 13-0 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	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-158
TIME:	02:08:57 PM
MOVED:	Sonnenberg
MOTION:	Moved to reconsider the motion to postpone indefinitely. The motion passed on a 13-0 roll call vote.
SECONDED:	Labuda
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Not Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-158
TIME:	02:07:37 PM
MOVED:	Sonnenberg
MOTION:	Moved a substitute motion to postpone indefinitely. The motion passed on a 7-6 roll call vote.
SECONDED:	Labuda
		VOTE
	Gardner C.	Yes
	Hullinghorst	No
	Labuda	Yes
	Looper	No
	McKinley	No
	McNulty	Yes
	Pace	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	No
	Fischer	No
	Curry	Yes
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:12 PM -- House Bill 09-1317

Representative McKinley and Representative Pace, co-prime sponsors, presented HB 09-1303 concerning state lands sought to be acquired by the federal government associated with the expansion of the Pinon Canyon Maneuver site. The bill sponsors provided the committee an Analysis of Alternatives Study (Attachment I), a study from the U.S. Government Accountability Office (Attachment J), and Base Closure and Realignment Commission (BRAC) Findings (Attachment K). Representative Pace and Representative McKinley answered questions from the committee.

The following individuals testified:

02:28 PM -- Harris Sherman and John Brejcha representing the Department of Natural Resources, explained their neutral position as a result of conflicting legal positions about the constitutionality of the bill. They discussed the precedent the bill may established and other issues related to land stewardship.

02:33 PM

The committee discussed memos from the Attorney General's Office and the Office of Legal Services that have conflicting opinions about the constitutionality of the bill (Attachments L and M) and an e-mail from the Senior Assistant to the Attorney General who wrote the Attorney General's memo (Attachment N).

02:42 PM

The committee continued to discuss the legal opinions and the authority of the Attorney General under the bill. The committee also discussed a potential amendment to clarify the intent of the bill's language on page 2.

02:48 PM -- Mark Grueskin, representing himself, spoke in favor of the bill. He discussed the authority of the legislature and the history of challenges about the constitutionality of other legislative actions, including the recent Colorado Supreme Court decision affirming the mill levy freeze. He answered questions from the committee.
02:58 PM -- Tyrel Berry, representing Hoehne Future Farmers of America (FFA), spoke in favor of the bill. He described his family's history on land in the area. He expressed concern about the expansion of the maneuver site and how it would impact area farmers.

03:06 PM -- Kimmi Walter, representing Hoehne FFA, spoke in favor of the bill. She described her family's history of losing their land through eminent domain in the past as a result of army activities.

03:11 PM -- Patrick DaRan, representing Hoehne FFA, spoke in favor of the bill. He discussed his family's history owning land near army property.

03:14 PM -- Avery Hollingsworth, representing Kim FFA, spoke in favor of the bill. He stated that army expansion would be detrimental to families who ranch on the state land. He also stated that expansion would negatively impact the local economy.

03:19 PM -- Commissioner Keith Goodwin, Otero County Commissioner, spoke in support of the bill and indicated that the Pueblo County Commissioners also support the bill. He discussed the difficulty of succession planning in the face of the potential expansion of the training site.

03:22 PM -- Steve Wooten, representing the Pinon Canyon Expansion Opposition Coalition, spoke in favor of the bill. He explained the mission of the coalition. He also discussed the condition of the land on the Pinon Canyon maneuver site and how it has been managed by the Department of Defense in contrast to the stewardship practices of private land owners. Mr. Wooten referenced a report from Colorado State University titled: "Southeastern Colorado Survey of Critical Biological Resources" available at http://www.pinoncanyon.com/documents/BioExecSum.pdf.

03:31 PM -- Lon Robertson, President of Pinon Canyon Expansion Opposition Coalition, spoke in favor of the bill and discussed the importance of state lands in the region. He discussed the economic dynamics in the community and the importance of ranching state lands.

03:35 PM -- Larry Daves, Colorado Legal Services representing a land owner, spoke in favor of the bill. He discussed the authority of the General Assembly to regulate the State Land Board. He answered questions from the committee about who might challenge the statute if it were to pass.

03:41 PM -- Kennie Gyurman, representing himself, spoke in favor of the bill. He explained his family's history leasing land from the state. He described how selling the land to the Army would negatively impact to the community.

03:44 PM -- Linda Mahoney, representing herself, spoke in favor of the bill. She discussed the spiritual and ecological importance of keeping the land in state ownership and undeveloped.

03:47 PM -- Commissioner James Vigil, representing the Las Animas Board of County Commissioners, discussed the threat of eminent domain and how this threat impacts the local economy. Commissioner Vigil also discussed some of his experiences in the military.

03:51 PM -- Commissioner Jim Montoya, representing the Las Animas Board of County Commissioners, spoke in favor of the bill. He discussed actions of the U.S. Congress related to keeping the lands in state ownership and discussed HB 07-1069. Commissioner Montoya distributed a letter from the Las Animas County Commissioners (Attachment O).

03:55 PM -- Commissioner Gary Hill, representing the Las Animas Board of County Commissioners, spoke in favor of the bill.

03:58 PM -- Rebecca Goodwin, representing the Otero County Historic Preservation Board, spoke in favor of the bill. She described the historic importance of the land and why it is important for the community's economy.

04:07 PM -- Commissioner Kevin Karney, representing the Southern Colorado Economic District and Otero County, spoke in favor of the bill. He discussed the negative economic impact that expanding the training site would have on the community.

04:10 PM -- Representative McKinley read a statement from the Huerfano County Commissioners in support of the bill.

04:11 PM -- Terry Fankhauser, representing the Colorado Cattlemen's Association, spoke in support of the bill and discussed the importance of supporting the livelihood of ranchers in southeast Colorado. He answered questions from the committee.

04:14 PM -- Bob Kinsey, representing the Green Party of Colorado, spoke in favor of the bill. He explained the principles of the Green Party. He also discussed the importance of buying local agricultural goods and explained how this land allows the community to buy local goods.

04:17 PM -- Troy Bredenkamp, representing the Colorado Farm Bureau, spoke in support of the bill. He described the how state owned land impacts the local tax base, schools, and local economy.

04:19 PM -- Geoff Blue, Colorado Attorney Generals Office, clarified that Attorney General Suthers has not taken position on bill or on legality of the bill. He explained that the legal memorandum distributed earlier only represents the opinion of the document's author, and does not state unequivocally that the bill would be unconstitutional. He indicated that he felt that the bill would be defensible and that the Attorney General would defend the statute if the bill passed and was challenged. He answered questions from the committee.


BILL:	HB09-1317
TIME:	04:27:24 PM
MOVED:	Pace
MOTION:	Moved amendment L.002 (Attachment P). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:30 PM

Representative Pace distributed section 24-19.8-101, C.R.S. (Attachment Q). Representative Labuda distributed a handout describing the authority of the State Board of Land Commissioners (Attachment R).

04:35 PM

Kate Meyer, Office of Legislative Legal Services, explained language in the bill on page 3, line 24.

04:40 PM

The committee discussed their positions on the bill.


BILL:	HB09-1317
TIME:	04:42:21 PM
MOVED:	McKinley
MOTION:	Moved to refer House Bill 09-1317, as amended, to the Committee of the Whole. The motion passed on an 11-2 roll call vote.
SECONDED:	Pace
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	No
	Looper	No
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:43 PM -- House Bill 09-1303

Representative Curry, prime sponsor, presented HB 09-1303 concerning the application of engineering criteria to increase efficiency in the administration of wells that withdraw ground water in conjunction with the mining of minerals and integrating wells that withdraw ground water in conjunction with the mining of minerals into the prior appropriation system and extending the time schedule for well owners to correct deficiencies in permitting and operation. The bill establishes guidelines regarding the removal of ground water from geological formations in conjunction with the mining of minerals. In doing so, it directly affects the number of well permits that will need to be processed by the Division of Water Resources in the Department of Natural Resources. Two summaries of HB 09-1303 were distributed to the committee (Attachment S and T). The committee discussed amendment L.003, which Representative Curry explained had been agreed to by the stakeholders involved in bill negotiations. A memorandum describing the fiscal impact of the bill with amendment L.003 was distributed to the committee (Attachment U).

The following individuals testified:

04:56 PM -- Tom Shipps, Legal Counsel for the Southern Ute Indian tribe, spoke in favor of the bill. He distributed a letter from Matthew Box, Chairman of the Southern Ute Indian Tribe (Attachment V). Mr. Shipps discussed how potential amendments would affect the bill and offered suggestions for language he would like amended on page 4 regarding well spacing (Attachment W). Mr. Shipps answered questions from the committee.

05:14 PM

Mr. Shipps continued to answer questions from the committee about well spacing.

05:18 PM -- Kevin Rein, State Engineers Office, spoke in favor of the bill. Mr. Rein stated that Doug Kemper asked him to convey the support of the Colorado Water Congress for the bill with Amendment L.003. He explained the position of the State Engineer's Office on the bill and the issues surrounding the pending Vance v. Simpson Colorado Supreme Court case regarding coal bed methane (CBM) produced water permitting. Mr. Rein answered questions from the committee about water rights and CBM produced water.

05:32 PM -- Steve Sims, representing Pioneer Natural Resources, spoke in favor of the bill. He explained the collaborative effort that led to the bill and expressed that Pioneer was not completely satisfied with all aspects of the bill but that they would be willing to work with the other stakeholders to resolve these issues.

05:35 PM -- Alan Curtis, White and Sankowski representing the Vance family, spoke in favor of the bill. He expressed concern about the language proposed by Mr. Shipps. He indicated that the Vance family would continue to work through the Colorado Water Congress to find a solution to well spacing issues raised.

05:38 PM -- Becky Long, representing the Colorado Environmental Coalition, spoke in support of the bill with Amendment L.003. She also indicated that she was comfortable with Amendments L.004 and L.005.

05:40 PM -- Ken Wonstolen, representing the Colorado Oil and Gas Association, spoke in favor of the bill. He indicated a need for more attention to well spacing issues raised.

05:43 PM -- Pat Ratliff, representing Colorado Counties, Inc, spoke against the bill. She indicated that the county commissioners decided to oppose the bill because they were concerned that it would be considered preemptive of the pending Colorado Supreme Court case. She also expressed concern about how the bill addresses tributary and nontributary water resources.

05:47 PM -- Landon Gates, representing the Colorado Farm Bureau, spoke in support of the bill with Amendments L.003, L.004 and L.005.


BILL:	HB09-1303
TIME:	05:48:39 PM
MOVED:	Curry
MOTION:	Moved amendment L.003 (Attachment X). The motion passed without objection.
SECONDED:	Looper
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1303
TIME:	05:49:25 PM
MOVED:	Curry
MOTION:	Moved amendment L.004 (Attachment Y). The motion passed without objection.
SECONDED:	Looper
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1303
TIME:	05:51:59 PM
MOVED:	Curry
MOTION:	Moved amendment L.005 (Attachment Z). The committee discussed how the bill would address depletions and injuries to water rights that may have occurred from past pumping. Kate Meyer, Office of Legislative Legal Services, explained language in the amendment. The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Representative Curry provided closing comments.


BILL:	HB09-1303
TIME:	06:00:25 PM
MOVED:	Curry
MOTION:	Moved to refer House Bill 09-1303, as amended, to the Committee of the Whole. The motion passed on a 13-0 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:02 PM -- Senate Bill 09-024

Representative Sonnenberg, co-prime sponsor, presented SB 09-024 concerning responsibilities of the Division of Wildlife (DOW) with respect to game damage issues. To stop damage from occurring, the DOW provides damage prevention materials to landowners under specified conditions. This bill would require the DOW to contact landowners within 48 hours and consult with the landowner within 5 business days of a request being filed; provide temporary game damage prevention materials within 15 days of receiving a request; provide permanent game damage prevention materials within 45 days of receiving a request; and pay for damages that occur between the request of damage prevention materials and the receipt of damage prevention materials if the deadlines are not met.

The following individuals testified:

06:11 PM -- Troy Bredenkamp, representing the Colorado Farm Bureau, spoke in support of the bill. He discussed the role of the DOW in providing game damage prevention materials. He described the economic impact that game damage can have to agricultural producers and how prevention materials can help protect against game damage. Mr. Bredenkamp answered questions from the committee.

06:22 PM -- Tom Remington, Director of the Division of Wildlife, spoke in support of the bill. He explained the extent to which DOW accepts liability for damaged agricultural goods as a result of wildlife and described a few of the qualifications landowners must satisfy in order to be eligible to receive damages. Mr. Remington explained the cost of providing prevention materials and processing claims. He explained DOW's position on the amendments and indicated that L.016 and L.019 were suggested by DOW. Mr. Remington answered questions from the committee.

06:36 PM -- Ivan James, representing the Colorado Bowhunters Association, explained that his organization did not support the bill as it was introduced in the Senate, but that most of the issues they were concerned with were addressed through Senate amendments. He indicated that his association does not support amendment L.013 in part because his organization was concerned that this amendment would result in sportsmen paying to support a commercial game operations. Mr. James answered questions from the committee.

06:39 PM -- Kent Ingram, representing the Colorado Wildlife Federation Sportsmen's Advisory Group, expressed concern that they were not asked to provide input on the bill. He also indicated that he was concerned that there was no cap on the cost of damage prevention materials that could be provided to landowners. He discussed amendment L.013 and stated that the $500 amount specified in the amendment was too high of a cap to allow landowners to charge hunters for access to their property. Mr. Ingram stated that his organization supports amendments L.016 and L.019. Mr. Ingram answered questions from the committee.

06:56 PM -- Jen Boulton, Colorado Trout Unlimited, indicated that her organization supports the version of the bill that came out of the Senate. She explained why Trout Unlimited was interested in the bill. Ms. Boulton discussed Trout Unlimited's position on the amendments and indicated that they were comfortable with L.013 and neutral on L.015.

06:58 PM -- Terry Faukhauser, Colorado Cattlemens Association, spoke in favor of the bill. He indicated support for amendments L.016, L.019, L.012, and L.013. Mr. Faukhouser answered questions from the committee.


BILL:	SB09-024
TIME:	07:09:07 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.012 (Attachment AA). The motion passed on an 8-5 roll call vote.
SECONDED:	Gardner C.
		VOTE
	Gardner C.	Yes
	Hullinghorst	No
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	No
	Fischer	No
	Curry	Yes
Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-024
TIME:	07:17:17 PM
MOVED:	Curry
MOTION:	Moved amendment L.0016 (Attachment BB). The motion passed without objection.
SECONDED:	Gardner C.
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-024
TIME:	07:17:42 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.013 (Attachment CC ). The motion was withdrawn
SECONDED:	Gardner C.
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: WITHDRAWN


BILL:	SB09-024
TIME:	07:24:04 PM
MOVED:	Sonnenberg
MOTION:	Moved an amendment to replace one hundred with five hundred on page 4 lines 24 and 27. The motion passed on a 10-3 roll call vote.
SECONDED:	Gardner C.
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	No
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	No
	Curry	Yes
Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-024
TIME:	07:29:08 PM
MOVED:	Fischer
MOTION:	Moved amendment L.019 (Attachment DD). The motion passed on a 7-6 roll call vote.
SECONDED:	Solano
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	Yes
	Looper	No
	McKinley	No
	McNulty	No
	Pace	No
	Solano	Yes
	Sonnenberg	Yes
	Tipton	No
	Vigil	Yes
	Fischer	Yes
	Curry	Yes
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-024
TIME:	07:32:19 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.015 (Attachment EE ). The motion passed on an 8-5 roll call vote.
SECONDED:	Gardner C.
		VOTE
	Gardner C.	Yes
	Hullinghorst	No
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	No
	Fischer	No
	Curry	Yes

Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

Representative Curry and Representative Sonnenberg provided closing comments.


BILL:	SB09-024
TIME:	07:50:52 PM
MOVED:	Curry
MOTION:	Moved to refer Senate Bill 09-024, as amended, to the Committee on Appropriations. The committee discussed the bill in relation to SB 09-235 and the broader issues of wildlife management. The motion passed on an 11-2 roll call vote.
SECONDED:	Sonnenberg
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	No
	Curry	Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:01 PM

The committee adjourned.