House Committee on Agriculture, Livestock, & Natural Resources (02/06/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/06/2012	ATTENDANCE

Time:	01:31 PM to 06:30 PM	Brown	X
		Coram	X
Place:	HCR 0107	Fischer	X
		Jones	X
This Meeting was called to order by		Looper	*
	Representative Sonnenberg	McKinley	X
		Ryden	X
This Report was prepared by		Scott	X
	Lauren Ris	Vaad	X
		Vigil	X
		Wilson	X
		Baumgardner	X
		Sonnenberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1147 HB12-1125 HB12-1158 HB12-1060		Amended, Referred to the Committee of the Whole Referred to Appropriations Referred to the Committee of the Whole Postponed Indefinitely

01:33 PM -- House Bill 12-1147

Representative Williams, bill sponsor, presented House Bill 1147, which designates the western tiger salamander as the state amphibian of Colorado and distributed Attachment A.

The following individuals testified on the bill:

01:36 PM -- Larissa and Marko Babiak, students representing themselves, spoke in support of the bill and explained why the salamander should be the state amphibian.

01:41 PM -- Richard Stucky, Denver Museum of Nature and Science, spoke in support of the bill and discussed the salamander's paleontology in the state.

01:49 PM -- Avery Dell, student representing herself, spoke in support of the bill and talked about the salamander's habitat.

01:53 PM -- Ben Vagle, student representing himself, spoke in support of the bill and discussed some of his experiences with salamanders.

01:59 PM -- Jason Crow, Colorado for the Tiger Salamander, spoke in support of the bill and answered questions from the committee.


BILL:	HB12-1147
TIME:	02:04:43 PM
MOVED:	Brown
MOTION:	Moved amendment L.001(Attachment B) as amended. The motion passed on a vote of 10-3.
SECONDED:	Vaad
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	No
	Jones	No
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	No
	Baumgardner	Yes
	Sonnenberg	Yes

YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1147
TIME:	02:07:38 PM
MOVED:	McKinley
MOTION:	Moved an amendment to L.001 to add "or agriculture activity" after "construction project". The motion passed without objection.
SECONDED:	Baumgardner
		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

02:09 PM

The committee recessed.

02:11 PM

The committee came back to order.


BILL:	HB12-1147
TIME:	02:16:51 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 12-1147, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Wilson
		VOTE
	Brown	Yes
	Coram	No
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Yes
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:18 PM -- House Bill 12-1125

The committee recessed.

02:24 PM

The committee came back to order.

02:28 PM

Representative Ramirez, bill sponsor, presented House Bill 12-1125, which modifies procedural requirements related to the payment of impoundment, care, and provision costs for an animal that has been impounded due to alleged neglect, abuse, or other criminal acts involving animals. Current law allows an animal owner to file a bond with the court to cover the costs of impoundment for at least 30 days. He or she may request a hearing within ten days after impoundment to determine the reasonableness and fairness of the costs. The bill expands the purpose of the hearing to include a determination as to probable cause for the impoundment of the animal and release of the animal to the impounding agency for disposition if the owner elects not to pay the costs associated with impoundment. It specifies that the hearing must be held within ten days after the request is made by the owner.

The following individuals testified on the bill:

02:30 PM -- Tamar Wilson, Colorado District Attorney's Council, spoke in opposition to the bill and discussed the existing procedural requirements for impounding animals compared to the requirements under the bill. She answered questions from the committee.

02:43 PM -- Linda Hart, Colorado Federation of Dog Clubs, spoke in opposition to the bill and discussed the amount the impoundment agencies can charge a person who's animal was impounded. She answered questions from the committee.

02:59 PM -- Joe Stafford, Humane Society, spoke in support of the bill and discussed how the bill gives animal owners more rights. He discussed existing procedures under current law and answered questions from the committee about when animals are confiscated.

03:25 PM -- Nick Colglazier, Colorado Farm Bureau, spoke in support of the bill.

03:27 PM -- Bret Smith, Colorado Humane Society, spoke in support of the bill and discussed the body condition scale that is used to determine the condition of horses and the bonding process. Mr. Smith answered questions from the committee.

03:33 PM -- Emily Stone, Dumb Friends League, spoke in support of the bill and discussed how the bonding and hearing process works under current law and how it would change under the bill. She answered questions from the committee.

03:46 PM -- Representative Ramirez provided closing comments.


BILL:	HB12-1125
TIME:	03:48:20 PM
MOVED:	Brown
MOTION:	Moved to refer House Bill 12-1125 to the Committee on Appropriations.The motion passed on a vote of 10-2.
SECONDED:	Fischer
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	No
	Ryden	Excused
	Scott	Yes
	Vaad	Yes
	Vigil	No
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1125
TIME:	03:48:20 PM
MOVED:	Brown
MOTION:	Moved to refer House Bill 12-1125 to the Committee on Appropriations. The motion passed on a vote of 10-2.
SECONDED:	Fischer
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	No
	Ryden	Excused
	Scott	Yes
	Vaad	Yes
	Vigil	No
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:50 PM -- House Bill 12-1158

Representative Baumgardner, bill sponsor, presented House Bill 1158, which repeals the "Colorado Inedible Meat Rendering and Processing Act of 1967" (Act), including the licensing and inspection requirements for disposal plants (rendering businesses) and transporters of inedible meat products. In addition, the bill grants the Commissioner of Agriculture rule-making authority to specify the labeling and operating requirements for the production of commercial feed under the existing "Commercial Feed Law".

03:52 PM -- Steve Bornmann, Colorado Department of Agriculture, spoke in support of the bill and described the current animal rendering law. Mr. Bornmann answered questions from the committee.


BILL:	HB12-1158
TIME:	03:54:37 PM
MOVED:	Baumgardner
MOTION:	Moved to refer House Bill 12-1158 to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:	Brown
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	Yes
	Jones	Yes
	Looper	Yes
	McKinley	Yes
	Ryden	Excused
	Scott	Yes
	Vaad	Yes
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:55 PM -- House Bill 12-1060

Representative Massey, bill sponsor, presented House Bill 1060, which creates the five member State Board of Dietitians (board) to regulate the licensing of dietitians and specifies the experience and education requirements for licensing. The board will operate within the Division of Registrations (division) of the Department of Regulatory Agencies (DORA). He explained a strike below amendment (Attachment C). Representative Massey answered questions from the committee.

The following individuals testified on the bill:

04:10 PM -- Rosanne Ainscough, Colorado Dietetic Association spoke in support of the strike below amendment and distributed a letter from the Department of Regulatory Agencies (Attachment F) concerning the regulation of dietitians. She spoke about the need for a licensing program in Colorado and answered questions from the committee.

04:18 PM -- Heidi Fritz, Colorado Dietetic Association, spoke support of the bill with amendment L.003 and explained the process for becoming a dietitian and answered questions from the committee.

04:26 PM -- Shana Patterson, Colorado Dietetic Association, spoke in support of the bill described her involvement in the Haiti earthquake recovery as a dietitian.

04:30 PM -- Stephanie Gall, Colorado Dietetic Association, spoke in support of the bill and discussed what she does as a dietitian.

04:32 PM -- Jan Kochis, Colorado Dietetic Association, spoke in support of the bill. She also responded to questions about license requirements for Kansas and the current regulation of dieticians in Colorado.

04:53 PM -- Jeff Thormodsgaard, Colorado Association of Family Practitioners, spoke in support of the bill.

04:55 PM -- Kirsten West, Colorado Association of Naturopathic Doctors, spoke in support of Amendment L.005 (Attachment E).

04:56 PM -- Kurtis Brown, Colorado Association of Naturopathic Doctors, spoke in support of Amendment L.005 (Attachment E).

04:59 PM -- Coleen Walsh, representing herself, spoke in opposition to the bill and distributed a letter from DORA (Attachment F).

05:01 PM -- Dawn Martinez, Colorado Registered Voters Nutrition Freedom, spoke in opposition to the bill and discussed some of the exemptions to the bill and discussed opportunities to obtain licenses in other states.

05:07 PM

Representative Massey responded to questions about how the bill preserves Colorado jobs and the oversight of the licensure program.

05:08 PM -- John Bollwerte, representing himself, spoke in support of the bill with amendments.

05:09 PM -- Alan Lewis and Karen Falbo, Natural Grocers Vitamin Cottage, spoke in opposition to the bill and discussed the professionals employed by Vitamin Cottage. Mr. Lewis distributed a list of states with laws that regulate the practice of dietetics (Attachment G). He discussed the definitions in the bill and answered questions from the committee.

05:22 PM

Representative Massey discussed the parties that were involved in drafting the bill.

05:23 PM -- Melodi Nelson, student at the Nutrition Therapy Institute, spoke in opposition to the bill.

05:25 PM -- Charlene Leberer, Nutrition Therapy Institute, spoke in opposition to the bill and discussed the history of the institute.

05:29 PM -- Nicole Monson, representing herself, spoke in opposition to the bill and discussed some of the definitions in the bill.

05:32 PM -- Dino Ioannides, Department of Regulatory Agencies, spoke in opposition to the bill and discussed amendments L.003 and L.004 (Attachments C and D). He discussed problems with voluntary licensure programs and answered questions from the committee.

05:49 PM -- Tom Morris, Legislative Legal Services, responded to questions from the committee concerning language in the bill concerning grounds for discipline.

05:50 PM -- Ann Tenner, National Health Freedom Action, spoke in opposition to the bill and discussed protections that already exist in Colorado statutes and the criminal penalties in the bill.

05:58 PM -- Jolene Park, representing herself, spoke in opposition to the bill and spoke about some of her experiences in the medical field.

06:03 PM -- Sheryl Strom, Colorado Coalition for Natural Health, spoke in opposition to the bill.

06:08 PM -- Don Kerschner, Colorado Sunshine Health Freedom, spoke in opposition to the bill and discussed the nutrition store he owns.

06:12 PM -- Cheri Watson, representing herself, spoke in opposition to the bill.


BILL:	HB12-1060
TIME:	06:15:13 PM
MOVED:	Brown
MOTION:	Moved amendment L.005 (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:	HB12-1060
TIME:	06:17:04 PM
MOVED:	Fischer
MOTION:	Moved amendment L004. 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:	HB12-1060
TIME:	06:20:48 PM
MOVED:	Fischer
MOTION:	Moved amendment L003. 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:	HB12-1060
TIME:	06:25:18 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 12-1060, as amended, to the Committee on Finance. The motion failed on a vote of 5-7.
SECONDED:	Jones
		VOTE
	Brown	No
	Coram	No
	Fischer	Yes
	Jones	Yes
	Looper	No
	McKinley	No
	Ryden	Yes
	Scott	No
	Vaad	Excused
	Vigil	No
	Wilson	Yes
	Baumgardner	No
	Sonnenberg	Yes

YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1060
TIME:	06:29:00 PM
MOVED:	Baumgardner
MOTION:	Moved to postpone House Bill 12-1060 indefinitely. The motion passed on a vote of 9-3.
SECONDED:	Looper
		VOTE
	Brown	Yes
	Coram	Yes
	Fischer	No
	Jones	No
	Looper	Yes
	McKinley	Yes
	Ryden	No
	Scott	Yes
	Vaad	Excused
	Vigil	Yes
	Wilson	Yes
	Baumgardner	Yes
	Sonnenberg	Yes

YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:30 PM

The committee adjourned.