Date: 04/05/2006

Final
BILL SUMMARY for SB06-037

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
moved amendment L.024 (Attachment C) as a substitu
moved an amendment to amendment L.024 to put a def
moved to refer SB 37, as amended, to the Committee
moved to strike the following language on page 5,
PASS
FAIL
PASS
PASS



12:16 PM -- Senate Bill 06-037

Representative Curry explained Senate Bill 06-037 concerning the adjudication of recreational in-channel diversions. She stated that the bill was up for action only at today's hearing, and that no additional public testimony would be taken. The bill has previously been heard by the House Agriculture Committee on March 20, March 22, and March 24.


12:19 PM

Representative Curry moved, seconded by Representative White, amendment L.023 (Attachment B), stating that the drafter is working on some additional technical amendments to this amendment, thus, when that amendment arrives, she may be offering it as a substitute to L.023. She walked through L.023.

12:26 PM

There was considerable discussion about proposed amendment L.023, including whether there should be some sort of a time limit on how long the RICD is granted to users. Representative Curry stated that the bill currently has a limit from April 1 through Labor Day, so that at least addresses the year round use issue.


12:32 PM

Representative Curry continued discussing the amendment.


12:34 PM

Recess.


12:38 PM

Reconvene.

BILL:SB06-037
TIME: 12:38:50 PM
MOVED:Curry
MOTION:moved amendment L.024 (Attachment C) as a substitute to L.023. Representative Curry requested that Peggy Montano, representing the Northern Colorado Water Conservation District, come to the table to help explain this new amendment since she had been involved in helping to draft the compromise language in this amendment. Ms. Montano and Representative Curry responded to questions from the committee.

Amendment L.024 was adopted on a 7-4 roll call vote.
SECONDED:Gallegos
VOTE
Gallegos
Yes
Gardner
No
Harvey
No
Hodge
Yes
Hoppe
No
McFadyen
Yes
Rose
No
Solano
Yes
White
Yes
McKinley
Yes
Curry
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB06-037
TIME: 12:48:52 PM
MOVED:Hoppe
MOTION:moved an amendment to amendment L.024 to put a definition of "boating" on page 4, line 19 of the reengrossed bill to read: "FOR PURPOSES OF THIS SUBSECTION (10.1), "BOATING" SHALL NOT INCLUDE USING AN INNER TUBE, BOOGIE BOARD, SURF BOARD, MOTOR BOAT, SAIL BOAT, OR YACHT.". Representative Curry expressed concern about narrowing the definition of boating, stating that the boating community might object to this. There was committee discussion.

The amendment failed on a 5-6 roll call vote.
SECONDED:Rose
VOTE
Gallegos
No
Gardner
Yes
Harvey
Yes
Hodge
No
Hoppe
Yes
McFadyen
No
Rose
Yes
Solano
No
White
Yes
McKinley
No
Curry
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB06-037
TIME: 12:55:35 PM
MOVED:Gardner
MOTION:moved to strike the following language on page 5, lines 2-4 of the reengrossed bill: "UNLESS THE APPLICANT CAN DEMONSTRATE THAT THERE WILL BE DEMAND FOR THE REASONABLE RECREATION EXPERIENCE IN ADDITIONAL HOURS OR MONTHS.".

The amendment was adopted on a 9-2 roll call vote.
SECONDED:Hoppe
VOTE
Gallegos
No
Gardner
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
No
Rose
Yes
Solano
Yes
White
Yes
McKinley
Yes
Curry
Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:56 PM

Representative Curry concluded her comments on the bill. The committee commented.

BILL:SB06-037
TIME: 01:01:51 PM
MOVED:Curry
MOTION:moved to refer SB 37, as amended, to the Committee of the Whole. The motion passed 7-4.
SECONDED:Hodge
VOTE
Gallegos
Yes
Gardner
No
Harvey
No
Hodge
Yes
Hoppe
No
McFadyen
Yes
Rose
No
Solano
Yes
White
Yes
McKinley
Yes
Curry
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:03 PM

The committee adjourned.