House Committee on Agriculture, Livestock, & Natural Resources (01/19/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	01/19/2010	ATTENDANCE

Time:	10:03 AM to 11:45 AM	Baumgardner	X
		Curry	X
Place:	HCR 0107	Gardner C.	*
		Hullinghorst	X
This Meeting was called to order by		Looper	X
	Representative Fischer	McKinley	*
		Ryden	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Pace	X
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Sunset Hearing for the Regulation of River Outfitters Sunset Hearing for the Forest Advisory Board		Requested that a bill be drafted to extend the program Requested that a bill be drafted to sunset the Board

10:04 AM -- Welcome

Representative Fischer, Chair, called the first meeting of the House Agriculture, Livestock, and Natural Resources Committee to order. He welcomed members to the committee and discussed a memo on committee expectations and procedures that was placed in members mailboxes. He specifically mentioned a newly created committee web site (http://www.colorado.gov/lcs/HouseAgNatResCmte) where a variety of information is available including the committee schedule, links to meeting summaries, agency reports, and staff memoranda.

10:07 AM -- Sunset Process Overview

Bryan Jameson, Department of Regulatory Agencies (DORA), provided the committee a brief overview of sunset review process. The House Agriculture, Livestock, and Natural Resources Committee has two sunset reviews: the Forestry Advisory Board and the River Outfitters Act In the year preceding sunset hearings DORA produces “sunset reports” for each of the agencies and functions of government subject to sunset laws. These reports describe the history of the entity, examine the laws which created the entity, and make recommendations regarding changes to the law and continuation of the entity. A committee of reference may endorse all, some, or none of the recommendations made by DORA in a sunset report for continuing, terminating, or amending the law establishing an agency or government function. In making their recommendations, DORA considers whether regulation by the agency is necessary to protect the public health, safety, and welfare; whether the conditions which led to the initial regulation have changed; and whether other conditions have arisen which would warrant more, less, or the same degree of regulation. Mr. Jameson explained that if legislation is not introduced to continue the programs scheduled to sunset, they will be terminated on July 1.

10:14 AM -- Sunset Hearing for the Regulation of River Outfitters

Jameson, DORA, described the River Outfitters Act (Act). River outfitters perform two main tasks: they guide trips through whitewater rapids in Colorado rivers and guide fishing trips on flat water stretches in Colorado rivers. There are approximately 170 commercial river outfitter licenses issued annually in Colorado. According to Mr. Jameson, the program employs three temporary rangers who inspect boating equipment, inspect outfitter documentation, including guide qualifications, investigate boating accidents, assist boaters, and enforce all provisions of the Act. In fiscal year 07-08, the River Outfitter License (ROL) program cost approximately $76,000 to operate and employed one year-round and 1.5 temporary full-time equivalent employees. During fiscal year 07-08, the program issued nine fines and 116 verbal warnings to licensees.

10:19 AM

Mr. Jameson explained each of DORA's recommendations in the sunset review to the committee (Attachment A). The draft bill is based on DORA's recommendations (Attachment B). The first recommendation is to continue the ROL program for nine years, until 2019. Representative Sonnenberg raised a question about when the last sunset review occurred. Mr. Jameson explained that the last review was in 2003 and that reviews were based on DORA's sunset workload.

10:25 AM

The committee asked additional questions about how outfitters are regulated and the increase in the number of verbal warnings that have been issued over the last few years.

10:28 AM

Mr. Jameson discussed DORA's second recommendation to establish a separate fishing guide category and qualification guidelines. He explained that the guide qualifications section of the Act does not distinguish between fishing guides and whitewater rafting guides; yet, the two activities are very different. Because of the incongruities in both the nature of the businesses and the technical expertise needed, he said that the General Assembly should amend into the Act to create separate qualification standards for Fishing Guides. Additionally, DORA recommends that the State Board of Parks and Outdoor Recreation, should define by rule, a new time-based measurement standard to qualify fishing guides, “trip day,” rather than using the current measurement standard of miles traveled. Representative Tipton asked about the additional expense for establishing a separate category. Mr. Jameson indicated that he did not believe there would be an added expense as a result of this recommendation.

10:35 AM

DORA's third recommendation is that all guides, trip leaders, and guide instructors be trained in cardiopulmonary resuscitation (CPR). Mr. Jameson explained that currently, regulations require that all guides be trained in CPR. This rule takes the Act, which merely requires a standard first-aid card, further and enhances safety. According to Mr. Jameson, because most of the river trips are in remote areas of Colorado and whitewater rafting is an adventure activity that carries a degree of danger, the guide training requirements in the Act should be changed to require all guides, trip leaders, and guide instructors to be trained in CPR.

10:38 AM

The fourth recommendation is to repeal the guide qualification exemption for higher education faculty members. Mr. Jameson explained that institutions of higher education sometimes offer classes in water sports, including river rafting. If the school advertises the class and students pay a fee for the class, then the school is obligated, under the Act, to obtain a river outfitter license. However, the class instructor is exempt from the guide qualification section of the Act. DORA concluded that there is no reason for the exemption. Representative Curry questioned whether this would also apply to high school water sport classes. Mr. Jameson clarified that this recommendation applies only to commercial trips.

10:39 AM

The fifth recommendation is to redefine "advertising" to include all printed materials and electronic media used in the marketing and messaging of river outfitter operations. Mr. Jameson explained that the current definition of advertising in the Act contains a list of several non-digital communication mediums. The sixth recommendation makes language consistent throughout the Act that describes mile qualifications for guides.

10:40 AM

Kris Wahlers, program manager for the River Outfitters Licensing Program in the Division of Parks and Outdoor Recreation, addressed an earlier question about why there has been an increase in verbal warnings. Mr. Wahlers explained that there has been an increase in staffing which has lead to more employees in the field that are able to issue warnings.

The following individuals testified.

10:45 AM

David Costlow, Colorado River Outfitters Association (Association), handed out proposed changes to the program (Attachment C). He began by commending Mr. Jameson's review of the program. He first offered a suggestion regarding the differences in classifications for white water guides and fishing guides. He recommended that the number of required miles for fishing guides be changed to allow 250 miles logged as a commercial guide and 250 miles logged privately. In response to a question from Representative McKinley, he explained that guide training programs are paid for by the outfitter companies, not by the state.

10:55 AM

Mr. Costlow indicated that the Association supports DORA's recommendation for CPR requirements and to repeal exemptions for higher education trips. He indicated that he understands the concern with advertizing and also supports the recommendation to clarify phrasing in the Act. Additionally, he said they would like to see provisions for multi-year licensing for outfitters and would also like to re-establish an advisory committee to review, add, modify, or remove regulations. Representative Curry clarified that the advisory committee's responsibility was to advise, not to amend or change regulations. Mr. Costlow indicated that they would like authority to modify regulations.

10:59 AM

In response to concerns expressed by the committee that they would like additional time to consider the recommendations proposed by the Association, Representative Fischer asked that the bill sponsor work with the drafter, the Association, and the others on the committee to reconcile some of the proposed recommendations with the draft bill.

11:05 AM

Mr. Costlow explained that the Association's recommends that requirements should be established for rangers that include rangers meeting the minimum qualifications of a Guide Instructor, that rangers receive orientation regarding customer interaction, and that rangers provide at least 72 hours notice prior to an office inspection unless overriding evidence exists that a violation has occurred. He also indicated that the association would not like to see outfitters fees raised. Additionally, they would like to see changes to the current rules that focus on public safety rather than what they consider to be unnecessary regulations.

11:12 AM

Representative Pace asked how the recession has affected the industry. Mr. Costlow said that they saw an impact to tourism by the end of 2008. Within the past year, he explained, outfitters have seen a reduction in business. He attributed this in part to the fact that business groups and banks are not booking company trips like they have in past years.

11:14 AM

Representative Solano asked about the prevalence of illegal outfitters. Mr. Costlow said that he cannot quantify this because not he is not in enforcement. He indicated that the Association has seen people on the water regularly that they believe are not licensed.

11:18 AM

Mr. Wahlers commented that he had not reviewed the Association's recommendations and was not prepared to offer a response. In response to a question from Representative McKinley, he indicated that there were 75 accident investigations in FY 2007-08.

11:21 AM

Representative Curry volunteered to be the prime sponsor of the bill and said that she would work with the Association and the other members of the committee to reconcile some of the recommendations, but indicated that she would be mindful of staying within the boundaries of what she considered to be appropriate for a sunset bill.


BILL:	River Outfitters
TIME:	11:21:52 AM
MOVED:	Hullinghorst
MOTION:	Moved to draft a bill to continue the regulation of river outfitters. The motion passed on a roll call vote of 11-0 with 2 excused.
SECONDED:	Vigil
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Excused
	Sonnenberg	Excused
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Not Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

11:23 AM

Tom Morris, Legislative Legal Services, asked the committee whether they would like a safety clause included in this bill. The committee discussed whether this was necessary. Representative Fischer indicated that it was the sense of committee that safety clause was not needed on this bill. Representative Fisher also asked that the bill sponsor inform the drafter who on the committee would like to co-sponsor the bill.

11:24 AM -- Sunset Hearing for the Forest Advisory Board

11:28 AM -- Ellen Graham, DORA, explained that the Forestry Advisory Board (Board) has been inactive for most of its existence. In 2008, Governor Ritter created the Colorado Forest Health Advisory Council (Council), which has far broader stakeholder representation and more power to shape policy than the Board. Therefore, she explained that DORA recommends that the Board sunset. Representative Sonnenberg asked whether the new Council has a sunset date and whether the committee has oversight over the Council. Ms. Graham explained that the Council was created by executive order and there is not a sunset date. She further explained that this bill can only create or dissolve the Forest Advisory Board. She added that the new Council does report annually to the General Assembly. DORA's sunset review and the draft bill, based on DORA's recommendation, were distributed to committee members (Attachments D and E).

11:34 AM -- Jan Hackett, Colorado State Forest Service, explained that the new Council was designed to be a simplified version of the Board without legislative attachment, but that it is still accountable to the Governor and the General Assembly. She indicated that the Colorado State Forest Service supports sunsetting the Advisory Board. Representative Pace indicated that he would like to see the committee have some oversight over the new Council. Ms. Hackett explained that the committee does receive an annual State of the Forest Health briefing and report which is from the Advisory Council.


BILL:	Forest Advisory Sunset
TIME:	11:37:30 AM
MOVED:	Looper
MOTION:	Moved to draft a bill to Sunset the Forest Advisory Board. The motion passed on a roll call vote of 13-0.
SECONDED:	Tipton
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Yes
	Hullinghorst	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Not Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

Representative Baumgardner volunteered to be the prime sponsor. Representatives Looper, Hullinghorst, Pace, Vigil, Ryden, and Fischer asked to be added as co-sponsors.

11:39 AM

Tom Morris, Legislative Legal Services, explained that without a safety clause, the Board will sunset July 1. Representative Sonnenberg indicated that he does not believe this is a matter of public safety and would like to not include a safety clause.


BILL:	Forest Advisory Sunset
TIME:	11:42:01 AM
MOVED:	Looper
MOTION:	Moved to remove the safety clause (section 7 lines 9-11) and to insert petition language. The motion passed without objection.
SECONDED:	Sonnenberg
		VOTE
	Baumgardner
	Curry
	Gardner C.
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

11:45 AM

The committee adjourned.