House Committee on Agriculture, Livestock, & Natural Resources (01/30/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	01/30/2012	ATTENDANCE

Time:	01:31 PM to 04:21 PM	Brown	X
		Coram	X
Place:	HCR 0107	Fischer	X
		Jones	X
This Meeting was called to order by		Looper	X
	Representative Sonnenberg	McKinley	X
		Ryden	X
This Report was prepared by		Scott	X
	Lauren Ris	Vaad	X
		Vigil	X
		Wilson	*
		Baumgardner	X
		Sonnenberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1037 HB12-1105 HB12-1087 HB12-1083		Amended, Referred to Finance Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Finance

01:32 PM -- House Bill 12-1037

Representative Becker, bill sponsor, presented House Bill 12-1037, which classifies the sale of certain agricultural items as wholesale sales rather than retail sales. The effect of this classification change is that the items will not be subject to sales tax. The majority of items identified for use in agricultural production in HB 12-1037, however, are already exempt from the collection of sales and use tax. The one exception is products used to enhance the activity of a pesticide and intended to be used with a pesticide as an aid to the application or effect of the pesticide. These products, collectively known as adjuvants, include any wetting agent, spreading agent, deposit builder, adhesive emulsifying agent, deflocculating agent, water modifier, or similar agent. Under current law, the sales of adjuvants is taxable. Mr. Becker answered questions from the committee.

The following individuals testified on the bill:

01:39 PM -- Geoff Wilson, Colorado Municipal League, spoke in opposition to the bill. He spoke about the fiscal impact to Colorado cities. Mr. Wilson answered questions from the committee.

01:44 PM -- Erik Hansen, Colorado Counties Inc., spoke in opposition to the bill. He spoke about the impact of the bill on local economies.

01:49 PM -- Troy Bradenkamp, Colorado Farm Bureau, spoke in support of the bill and explained why certain agricultural items should be classified as wholesale.

01:51 PM -- Terry Fankhauser, Colorado Cattleman's Association, spoke in support of the bill and discussed the added certainty for businesses that the bill provides.

01:54 PM -- Jerry Cooksey, Colorado Association of Wheat Growers, spoke in support of the bill and discussed the cost of agricultural compounds.

01:59 PM -- Shayn Madson, Rocky Mountain Agribusiness Association, spoke in support of the bill.

02:02 PM -- Ed Bowditch, Rocky Mountain Farmers Union, spoke in support of the bill.

02:03 PM -- Bill Hammerick, Colorado Livestock Association, spoke in support of the bill.

02:04 PM -- Mark Sponsler, Colorado Corn Growers, spoke in support of the bill and indicated that they agreed with the other supporters of the bill.


BILL:	HB12-1037
TIME:	02:06:09 PM
MOVED:	Vaad
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Brown
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1037
TIME:	02:07:51 PM
MOVED:	Baumgardner
MOTION:	Moved to refer House Bill 12-1037, as amended, to the Committee on Finance. The motion passed on a vote of 11-2.
SECONDED:	Vaad
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	No
	Jones	No
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

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

02:15 PM -- House Bill 12-1105

Representative Becker, bill sponsor, presented House Bill 12-1105, which establishes that wind energy rights are not severable from the surface estate to real property in Colorado. Under the bill, development of wind energy rights is accomplished through a wind energy agreement, which may be styled as a lease, license, easement, or other grant or reservation, but must be evidenced in the real property records of the clerk and recorder in the county where the subject land is located. The bill also defines the procedure for release from a wind energy agreement that has terminated and for reversion of wind energy rights that have been undeveloped for a continuous period of ten years. State and local taxation of wind energy rights and wind energy agreements is prohibited under the bill. Equipment and generated electricity are also not subject to taxation until wind energy production commences.

The following individuals testified:

02:17 PM -- Troy Bredenkamp, Colorado Farm Bureau, spoke in support of the bill.

02:18 PM -- Ed Bowditch, Rocky Mountain Farmers Union, spoke in support of the bill and explained that Wyoming has a similar policy.

02:19 PM -- K.K. DuVivier, on behalf of herself, spoke in support of the bill and discussed other states that have banned severance of wind from surface ownership. She provided Attachment B. Ms. DuVivier answered questions from the committee. She distributed Attachments B and C.

02:32 PM -- Andy Karsian, Colorado Counties, Inc, spoke in support of the bill and answered questions from the committee.

02:35 PM -- Craig Cox, Interwest Energy Alliance, spoke in support of the bill.

02:37 PM

Alax Schatz, Legislative Council Staff, spoke about the expenditure impacts in the fiscal note.

02:40 PM -- JoAnn Groff, Property Tax Administrator, Department of Local Affairs, spoke about the effect of Amendment L.001 and indicated her support for the amendment. Ms. Groff answered questions from the committee.


BILL:	HB12-1105
TIME:	02:46:13 PM
MOVED:	Baumgardner
MOTION:	Moved amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1105
TIME:	02:46:31 PM
MOVED:	Baumgardner
MOTION:	Moved to refer House Bill 12-1105, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Wilson
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:49 PM -- House Bill 12-1087

Representative Labuda, bill sponsor, presented House Bill 12-1087, which creates an online animal abusers registry within the Department of Public Safety (DPS). Any person over the age of 18 who is convicted of cruelty to animals, cruelty to a service animal, aggravated cruelty to animals, or animal fighting is required to register with DPS. Failure to register within five business days of conviction is a class 2 misdemeanor. DPS is required to confirm a person's identity and conviction for a relevant offense prior to including information in the registry. Registry details are retained for five years, during which time an offender is required to notify the department of an address change within three business days. The Department of Public Safety is directed to contract with a nonprofit agency for the creation and maintenance of the registry, and to require the nonprofit agency to pay its associated costs. In the event that a nonprofit agency does not enter into a contract with the state, the bill's requirements will not take effect.

The following individuals testified on the bill:

02:56 PM -- Linda Hart, Colorado Federation of Dog Clubs, spoke in opposition to the bill and discussed the existing animal cruelty laws in the state. She also explained the impacts to individuals placed on the registry.

03:01 PM -- Karen Nainian, representing herself, spoke in support of the bill, and discussed some cases of animal cruelty and some of the associations to other violent crimes. Ms. Nainian answered questions from the committee.

03:21 PM -- Bonnie Mandell-Rice, representing herself, spoke in support of the bill and discussed the intent of the registry.

03:26 PM -- Larry Weiss, representing himself, spoke in support of the bill and discussed possibilities for exemptions to being listed on the registry. Mr. Weiss answered questions from the committee.

03:35 PM -- Diane Balkin, Animal Legal Defense Fund, spoke in support of the bill and discussed the connection between animal cruelty and other violent crimes. Ms. Balkin answered questions from the committee concerning whether a nonprofit agency has been contacted about contracting with the state to administer the registry program.

03:42 PM -- Mr. Torza, the Misha May Foundation, spoke in support of the bill and described some of the actions that the foundation takes to ensure that their rescued animals go to a good home and how they would use the information available on the registry.


BILL:	HB12-1087
TIME:	03:47:30 PM
MOVED:	Wilson
MOTION:	Moved amendment L.001(Attachment E). The motion passed without objection.
SECONDED:	Fischer
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1087
TIME:	03:48:51 PM
MOVED:	Fischer
MOTION:	Moved amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:	Wilson
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1087
TIME:	03:50:03 PM
MOVED:	Fischer
MOTION:	Moved amendment L.003 (Attachment G). The motion passed without objection.
SECONDED:	Jones
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:48 PM

Kerry White, Legislative Council Staff, answered questions from the committee concerning the fiscal impact of the bill.


BILL:	HB12-1087
TIME:	04:07:03 PM
MOVED:	Baumgardner
MOTION:	Moved to postpone House Bill 12-1087 indefinitely. The motion passed on a vote of 11-1.
SECONDED:	Coram
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	No
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1087
TIME:	03:52:08 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 12-1087, as amended, to the Committee of the Whole. The motion failed on a vote of 3-9.
SECONDED:	Wilson
		VOTE
	Brown	No
	Coram	No
	Fischer	Yes
	Jones	Yes
	Looper	No
	McKinley	No
	Ryden	Yes
	Scott	No
	Vaad	Excused
	Vigil	No
	Wilson	No
	Baumgardner	No
	Sonnenberg	No

Final YES: 3 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL

04:07 PM -- House Bill 12-1083

Representative Sonnenberg, bill sponsor, presented House Bill 1083. Under current law, the Environmental Agriculture program in the Colorado Department of Public Health and Environment (CDPHE) is substantially supported by a fee increase expiring on July 1, 2012. To continue the program at its current funding level, the bill extends until July 1, 2015, the current fee structure for water quality permits that regulate confined animal feeding operations (CAFOs) and housed commercial swine feeding operations (HCSFOs).

The following individuals testified on the bill:

04:14 PM -- Ed Bowditch, Rocky Mountain Farmers Union, spoke in support of the bill.

04:14 PM -- Randy Van Horden, Colorado Livestock Association, spoke in support of the bill.

04:16 PM -- Phyllis Woodford, Department of Public Health and Environment, spoke in support of the bill and described the Environmental Agriculture program.


BILL:	HB12-1083
TIME:	04:19:08 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.001 (Attachment H). The motion passed without objection.
SECONDED:	Coram
		VOTE
	Brown
	Coram
	Fischer
	Jones
	Looper
	McKinley
	Ryden
	Scott
	Vaad
	Vigil
	Wilson
	Baumgardner
	Sonnenberg

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1083
TIME:	04:19:58 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer House Bill 12-1083, as amended, to the Committee on finance. The motion passed on a vote of 11-0.
SECONDED:	Coram
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Excused
	Vigil	Excused
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

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

04:21 PM

The committee adjourned.