House Committee on Agriculture, Livestock, & Natural Resources (03/17/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/17/2010	ATTENDANCE

Time:	01:33 PM to 05:28 PM	Baumgardner	X
		Curry	X
Place:	HCR 0107	Gardner C.	*
		Hullinghorst	X
This Meeting was called to order by		Looper	X
	Representative Fischer	McKinley	X
		Ryden	X
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Pace	*
		Fischer	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-071 SB10-098 SB10-025 SB10-072		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to Appropriations

01:35 PM -- Senate Bill 10-071

Representative Riesberg, sponsor, presented Senate Bill 10-71. The bill creates an Aspen Leaf Lifetime Pass to Colorado State Parks for residents that meet the age requirement for the existing Aspen Leaf Annual Pass, which is currently 64 years or older. The price of the lifetime pass will be set by the Colorado State Parks Board but cannot exceed $150. Current laws regarding the use, display, and suspension of the Aspen Leaf Annual Pass will apply to the Aspen Leaf Lifetime Pass. Representative Riesberg explained changes that were made in the Senate.

The following individuals testified:

01:42 PM -- Mike King, Department of Natural Resources, spoke in support of the bill.


BILL:	SB10-071
TIME:	01:44:36 PM
MOVED:	Baumgardner
MOTION:	Moved amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Pace
		VOTE
	Baumgardner
	Curry
	Gardner C.	Excused
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-071
TIME:	01:45:22 PM
MOVED:	Hullinghorst
MOTION:	Moved to refer Senate Bill 10-071, as amended, to the Committee on Appropriations. The motion passed 11-0.
SECONDED:	Vigil
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	Excused
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:46 PM -- Senate Bill 10-098

Representative Sonnenberg, sponsor, presented Senate Bill 10-098. The reengrossed bill allows each county, municipality, or special district that has created a conservation trust fund to cooperate or contract with a conservation district or a local noxious weed control program. Cooperation includes the sharing of moneys for the acquisition, development, and maintenance of new conservation sites. Representative Sonnenberg answered questions from the committee.

01:49 PM

Representative Hullinghorst distributed Amendment L.008 (Attachment B).

01:51 PM -- Sean Conway, Weld County Board of Commissioners, spoke in support of the bill. He described how Weld County would use Conservation Trust Fund moneys. He answered questions from the committee. The committee discussed whether the bill applies to private lands or only public lands.

01:59 PM -- Richard Daily, representing himself, spoke against the bill and distributed a handout describing his position to the committee (Attachment C). He answered questions from the committee. The committee discussed whether the constitution permits using Great Outdoors Colorado (GOCO) moneys to fund noxious weed control.

02:29 PM -- Jo Evans, representing herself, spoke in opposition to the bill and described how lottery proceeds are allocated by the Colorado Constitution. Article XXVII, Section 3 (b) of the Colorado Constitution, the Great Outdoors Colorado Amendment, specifies that the Division of State Parks and Outdoor Recreation receives 10 percent of net lottery proceeds; the Conservation Trust Fund receives 40 percent of net proceeds; and the Great Outdoors Colorado Trust Fund receives the remaining 50 percent of net proceeds up to $35 million, adjusted for inflation. She discussed the definition of "open space," and the history of the constitutional amendment that created GOCO. She answered questions from the committee.

02:47 PM

Representative Sonnenberg responded to a question from the committee about the definition of open space.

02:53 PM

The committee continued to discuss the constitutionality of the bill with Ms. Evans.

02:58 PM -- Ruth Wright, representing herself, spoke in opposition to the bill. She discussed the definition of "eligible entities" in statute. She also discussed the history of GOCO and explained that it is not subject to TABOR. She explained how GOCO funding could be used on publicly funded conservation easements.

03:17 PM -- Ruth Grant, representing herself, spoke in opposition to the bill. She discussed the importance of open space and public lands.

03:21 PM -- Ron Harden, representing himself, spoke in opposition to the bill.

03:22 PM -- Stephanie DeMattee, representing himself, spoke in opposition to the bill and discussed the history of her family in Colorado.

03:25 PM -- Nancy Stocker, representing herself, spoke in opposition to the bill, and discussed the importance of open space.

03:28 PM -- Polly Reetz, representing herself, spoke in opposition to the bill She described how she uses open spaces and how the bill will reduce funding for eligible entities.

03:31 PM -- Bruce Eisenhauer, Department of Local Affairs, spoke against the bill. He described how local governments conduct weed control and described other funding that is available for weed control activities. He indicated that the Colorado Municipal League would support the bill with Amendment L.008. He discussed the requirements for qualifying as an eligible entity. He also explained the reporting requirements associated with receiving funding through the Conservation Trust Fund.

03:45 PM -- Ken Strom, Audubon Colorado, spoke in opposition to the bill. He spoke about the intent of the GOCO amendment when it was originally passed by Colorado voters. Jen Boulton, Audubon Colorado, indicated that Colorado Trout Unlimited also opposes the bill. Ms. Boulton responded to questions from the committee about who eligible entities can currently contract with. Ms. Boulton provided a letter in opposition to the bill from the Sierra Club (Attachment D).

03:58 PM -- Ms. Wright, came back to the table to address questions from the committee.

The following individuals spoke in support of the bill:

04:00 PM -- Jonathan Rife, Colorado Weed Supervisors Association, spoke in favor of the bill. He described the use of conservation trust fund moneys and how weed management activities are currently funded.

04:05 PM -- Brian Neufeld, Colorado Association of Conservation Districts, spoke in support of the bill.

04:07 PM -- Dr. George Beck, Colorado State University and the Colorado Weed Management Association, spoke in support of the bill and described the magnitude of the weed management problem in Colorado. He explained how Senate Bill 10-098 would assist in weed control efforts. He answered questions from the committee. He explained that he believes that Amendment L.008 would hinder weed management activities.

04:14 PM -- Cindy Lair, Colorado Department of Agriculture, spoke in support of the bill and explained the need for funding for weed management activities. She also clarified that the Department of Agriculture would not be directing the GOCO dollars in the bill.

04:18 PM -- Andy Karsian, Colorado Counties, spoke in support of the bill. He explained the weed control needs of counties and explained that he believes the bill is constitutional. He discussed the auditing requirements for Conservation Trust Fund recipients. In response to questions from the committee, Mr. Karsian explained that funding received by counties from the Conservation Trust Fund is dependant on the size of the county's population.

04:31 PM -- Brian Starkebaum, Colorado Association of Conservation Districts, spoke in support of the bill.

04:32 PM -- Robert Werner, Colorado Association of Conservation Districts, spoke in support of the bill as it was amended in the Senate.

04:33 PM -- Benjamin Waters, Rocky Mountain Farmers Union, supports the bill as it was amended in the Senate.

04:34 PM -- Crystal Korrey, Colorado Farm Bureau, spoke in support of the bill.

04:36 PM -- Becky Brooks, Colorado Corn Growers, spoke in support of the bill.

04:37 PM -- Letters were distributed to the committee in support of the bill from the board of county commissioners of Fremont County, San Miguel County, and Douglas County (Attachment E). A fact sheet was also distributed from Kiowa Conservation District (Attachment F).

04:36 PM

The committee recessed.

04:55 PM

The committee came back to order. Representative Sonnenberg explained that he would work with Representative Hullinghorst on a second reading amendment.


BILL:	SB10-098
TIME:	04:56:42 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.007 (Attachment G ). The motion passed, as amended, without objection.
SECONDED:	Pace
		VOTE
	Baumgardner
	Curry
	Gardner C.	Excused
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-098
TIME:	04:56:59 PM
MOVED:	Sonnenberg
MOTION:	Moved a conceptual amendment to L007 to add "as defined in section 29-21-101 (1) (e), C.R.S." after the word "site" on page 5, line 14. The motion passed without objection.
SECONDED:	Looper
		VOTE
	Baumgardner
	Curry
	Gardner C.	Excused
	Hullinghorst
	Looper
	McKinley
	Ryden
	Solano
	Sonnenberg
	Tipton
	Vigil
	Pace
	Fischer
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-098
TIME:	04:58:41 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer Senate Bill 09-098, as amended, to the Committee of the Whole. The motion passed on a vote of 10-2.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	No
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:01 PM -- Senate Bill 10-025

Representative Baumgardner, sponsor of Senate Bill 10-025, explained that this bill extends the Water Efficiency Grant Program until July 1, 2020, and authorizes up to $550,000 of annual appropriations from the program cash fund. The program is currently scheduled to be repealed on July 1, 2012. The bill authorizes annual transfers of $550,000 for FY 2012-13 through FY 2019-20 from the Operational Account of the Severance Tax Trust Fund to the program cash fund. Of this funding, $50,000 is to be used for administrative costs. Any funds that remain in the cash fund on June 30, 2020, must be transferred to the Operational Account of the Severance Tax Trust Fund.

05:03 PM -- Jennifer Gimble, spoke in support of the bill and discussed the importance of the program.

05:03 PM -- Dianna Orf, Colorado Water Congress, spoke in support of the bill.


BILL:	SB10-025
TIME:	05:03:40 PM
MOVED:	Baumgardner
MOTION:	Moved to refer Senate Bill 09-025 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	McKinley
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	Excused
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	Excused
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

05:05 PM -- Senate Bill 10-072

Representative Vigil, sponsor, presented Senate Bill 10-072. The bill creates the Colorado Seed Potato Act which requires potato growers who plant one or more acres of potatoes to use certified seed potatoes, with some exceptions. Colorado State University is the certifying authority for Colorado grown seed potatoes. Seed potatoes grown outside of Colorado must be certified by the certifying authority of the state, territory, or country of origin. The bill also creates the commissioner-appointed 9-member Seed Potato Advisory Committee, and specifies their duties.

05:09 PM -- Byron Kunugi, commercial potato grower, spoke in support of the bill.

05:11 PM -- Bob Mattive, Colorado Certified Potato Growers Association, spoke in support of the bill. He explained that most other states have seed laws and discussed why it is important for Colorado to also have seed laws.

05:16 PM -- Jim Ehrlich, Colorado Potato Administrative Committee, spoke in support of the bill. He discussed the Seed Potato Advisory Committee created by the bill.

05:21 PM -- Mitch Yergert, Colorado Department of Agriculture, answered questions from the committee concerning the department's position about adding a continuous appropriations clause to the bill.

05:25 PM -- Mr. Ehrlich, returned to the table to discuss the effect of adding a continuous appropriations clause to the bill.


BILL:	SB10-072
TIME:	05:26:20 PM
MOVED:	Vigil
MOTION:	Moved to refer Senate Bill 09-10-072 to the Committee on Appropriations. The motion passed on a vote of 12-0.
SECONDED:	Pace
		VOTE
	Baumgardner	Yes
	Curry	Yes
	Gardner C.	Excused
	Hullinghorst	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Pace	Yes
	Fischer	Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:28 PM

The committee adjourned.