Bill Summary for Bill Number SB10-098

Date: 03/17/2010

Final
BILL SUMMARY for SB10-098

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved a conceptual amendment to L007 to add "as de Moved amendment L.007 (Attachment G ). The motion Moved to refer Senate Bill 09-098, as amended, to	Pass Without Objection Pass Without Objection 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