House Committee on Agriculture, Livestock, & Natural Resources (02/04/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	02/04/2009	ATTENDANCE

Time:	01:44 PM to 09:27 PM	Gardner C.	X
		Hullinghorst	X
Place:	LSB A	Labuda	X
		Looper	E
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	*
		Pace	*
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	X
		Fischer	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1172 HB09-1152 HB09-1159		Postponed Indefinitely Amended, Referred to Finance Amended, Referred to the Committee of the Whole

01:45 PM -- House Bill 09-1172

Representative McCann, bill sponsor, presented her bill concerning an increase in the protection of animals under the Pet Animal Care and Facilities Act (PACFA). She stated that the intent of the bill was to ensure the safety of dogs in breeding facilities. The bill amends PACFA to limit the number of dogs allowed in a facility, requires the dog breeder to have a dog certified by a veterinarian before being bred, authorizes the Commissioner of Agriculture unimpeded access to a licensee's property, and makes the denial or revocation of a license mandatory if the applicant has been convicted of cruelty to animals. She indicated that she did not know how many breeders this would affect. She answered questions from the committee concerning the number of pet license facility inspectors and the frequency of inspections, how Colorado compares to other states when it comes to inspections, and whether the bill calls for an increase in funding.

Representative Curry asked witnesses to be concise in light of the number signed up to testify.

The following individuals testified on this bill:

01:55 PM -- Dr. Jed Rogers, Colorado Veterinary Medical Association, testified in support of the bill. He discussed the conditions at larger facilities. He also stated that dogs need to have a relationship with veterinarians and that this can be lacking at larger facilities. Dr. Rogers answered questions from the committee regarding costs of vet examinations, the number of large breeding facilities in the state, the number of licensed vets in the state, and requirements for taking breeding dogs to vets. He provided a handout (Attachment A) with the main points of his testimony.

02:04 PM -- Linda Heart, Colorado Federation of Dog Clubs, testified against the bill. Packets of information were distributed to the committee including letters from satisfied dog owners (Attachment B). She explained that existing PACFA laws address the need to care for dogs responsibly. She indicated her opposition to the bill's requirement to have dogs certified by a vet before being bred, and the bill's provision authorizing inspectors to have access to facilities at any time. She stated that the bill would result in unnecessary hardship to breeders. She answered questions from the committee regarding facilities that are not following the current law, the workload of inspectors, how much inspectors cost, problems with larger facilities, and the number of unlicensed facilities in the state.

02:18 PM -- Dr. Kate Anderson, Department of Agriculture, explained the classification of facility sizes. She distributed a handout detailing the Department of Agriculture's analysis of the bill (Attachment C). She described the location of large breeding facilities in the state and the current veterinary requirements under law. She discussed the care of animals respective to the number of animals in a facility. She explained what inspectors can require of facilities under current law. Dr. Anderson discussed the inspection process and commented that inspectors do not provide advanced notice prior to visiting a facility. She responded to questions from the committee concerning the number of veterinarians in rural areas and whether these veterinarians could serve as inspectors, license fees and caps, and the cost of additional inspectors to the Department of Agriculture. The committee discussed ways fees could be increased to cover the cost of an additional inspector in the department. Questions also concerned minimum staffing levels needed at facilities, current criteria for shutting down a facility, the number of facilities that are not licensed, investigating unlicensed facilities, and breeders responses to inspections after they are evaluated.

02:47 PM -- Douglas Johnson, a small scale breeder and president of the Colorado Springs Kennel Club, testified against the bill. He explained that the bill would affect small breeders in a number of different ways. He described how he cares for the dogs he breeds. He indicated that if he hit the cap on the number of dogs he was allowed to have in a facility, he may be forced to euthanize animals. He also indicated his support for PACFA as it currently exists.

02:55 PM -- Dawn Craig, a classified large-scale breeder, testified against the bill. She explained how the bill would affect her business and the impact that the bill would have in terms of increasing the number of dogs imported from out of state. She indicated her opposition to the veterinary requirements in the bill.

03:00 PM -- John Ebright, a large-scale kennel owner in eastern Colorado, testified against the bill. He commented that none of the licensed breeders like the "bad" kennels. He stated that professional kennels and puppy mills are not the same thing and described the differences between puppy mills and professional kennels.

03:04 PM -- Debbie Willard, a breeder, testified against the bill. She explained how she cares for the dogs that she breeds. She stated that the number of dogs a person owns is not indicative of the care the dogs receive. She discussed how much money she spent last year in caring for her dogs. The committee discussed whether or not it is possible to determine a specific number of dogs that can be properly cared for in a facility.

03:16 PM -- Teresa Cloud, a kennel owner, testified against the bill. She described how she cares for dogs in her facility and how she has developed responsible breeding practices. She indicated support for additional license fees. She also described her involvement with USDA and the frequency of inspections. She answered questions from the committee concerning the frequency of inspections.

03:27 PM -- Scott Deetz, a licensed large-scale breeder, explained that he has been inspected by PACFA and described how he cares for the dogs he breeds. He explained that the bill would not address the overcrowding in shelters or the number of dogs euthanized.

03:39 PM -- Carmen Rerard, a breeder, testified against the bill. She stated that animal care is the responsibility of individuals and is not the result of the number of dogs in a facility.

03:46 PM -- Christina Wanamaker, Buckhorn Valley Kennel Club, testified against the bill. She commented that the current PACFA is sufficient. She also commented that there is not a magic number for how many dogs can be cared for in a facility because it depends on a variety of factors including the type of breed. She discussed her concerns with the fiscal note and with implementing the bill. She also indicated her opposition to the provision in the bill that allows inspectors access to kennels at any time.

03:56 PM -- Marc Patoile, representing himself, testified against the bill. He discussed definitions currently in statute.

04:04 PM -- Dr. Marvin Beeman, a practicing veterinarian, testified against the bill. He indicated that PACFA is sufficient and that the Department of Agriculture enforces the existing law adequately.

04:10 PM -- Valerie Manning, Buckhorn Valley Kennel Club, testified against the bill. She described the efforts her kennel club has made to responsibly breed dogs and the efforts the kennel has made to educate other breeders about responsible care.

04:14 PM -- Janele Caldwell, a breeder and trainer, testified against the bill. She discussed the additional expenses that would be incurred by small breeders as a result of the bill.

04:16 PM -- Gary Gallway, Buckhorn Valley Kennel Club, testified against the bill. He explained the problem, in his view, is that the Department of Agriculture would not be able to enforce the bill with its existing resources.

04:18 PM -- Beverly Fritz, a large-scale breeder, testified against the bill for the reasons already stated by previous witnesses.

04:19 PM -- Nick Van Duren, Rocky Mountain Mastiff Fanciers, testified against the bill. He indicated that the veterinary requirement in the bill would be difficult to comply with.

04:26 PM -- Elizabeth Perea, Arapahoe Kennel Club, testified against the bill. She explained that the issue is not the number of dogs owned but the quality of care that they receive.

04:27 PM -- Cindy Knox, Boxer Club of Colorado and Rocky Mountain Mastiff Fanciers, testified against the bill. She expressed concern about the limitation on the number of allowable dogs established in the bill.

04:32 PM

The following individuals testified in support of House Bill 1172:

04:33 PM -- Martha Smith, Colorado Federation of Animal Welfare Agencies, spoke in support of the bill. She stated that limiting the number of dogs that licensed facilities can hold will alleviate the stresses on the PACFA inspection process.

04:34 PM -- Lisa Marvin, a volunteer with a dog rescue organization, spoke in support of the bill. She read a letter from a person who purchased a puppy from a local pet store. The puppy ended up having significant health problems and the pet store did not seem to be concerned that the puppy was so sick. Ms. Marvin also talked about conditions for dogs in puppy mills.

04:40 PM -- Bob Roberts, representing the National Mill Dog Rescue, testified in support of the bill. He answered questions from the committee concerning the number of dogs rescued this year. A few of the dogs were rescued in Colorado, though not the majority. He explained that the bill would address the issue of animal cruelty in facilities.

04:54 PM -- Dr. Anderson answered a question from committee regarding how the Department of Agriculture responds to a complaints against a facilities. She also discussed the department's policies relating to facility owners that have been convicted of animal cruelty.

04:57 PM -- Debbie Faulkner, Citizens for Animal Welfare, testified in support of the bill. She described visits she made to facilities with poor conditions where dogs were found to have been mistreated. She stated that these facilities were PACFA certified. She indicated that in her view, more frequent visits to a vet in these instances may have stopped these breeders from continuing to breed dogs. She also commented that cleanliness does not necessarily indicate that dogs are treated well. She stated her support for the 25 dog limit specified in the bill.

05:05 PM -- Keith Davis, Dumb Friends League and the Colorado Division of Animal Protection, spoke in favor of the bill. He described some of the affects of having a large number of animals at a facility. He described a facility he inspected with poor conditions where dogs had been mistreated. He indicated his support for limiting the number of dogs allowed at a facility. He answered questions from the committee regarding his role as an inspector under the Colorado Division of Animal Protection, the number of inspectors in the Denver metropolitan area, where inspectors have the authority to investigate facilities, the number of inspectors needed, and who furnishes inspector's vehicles.

05:14 PM -- Bill Faborcini, Voices for Krabloonik Working Dogs, testified in favor of the bill. He showed pictures of working dogs in a facility on five foot chains. He discussed the current law under PACFA which allows dogs to be chained on 6 foot chains. He answered questions from the committee regarding what the local government has done to address the case he used as an example.

05:23 PM -- Mike Stabler, Executive Director of Rocky Mountain Animal Defense, spoke in support of the bill. He distributed a handout (Attachment D). He indicated that some of the people who testified earlier had PACFA complaints filed against them. Representative Curry asked for a copy of the list of complaints Mr. Stabler referenced. Mr. Stabler answered questions from the committee regarding enforcement issues. He indicated that he would like to see the limit of dogs allowed in a facility to be less than 25. Representative Solano read an existing law regarding animal neglect and the required care of animals and asked about how this law has been enforced.

05:37 PM -- Dr. Anderson indicated that violating this statute is a criminal offense and that it is enforced by the Bureau of Animal Protection.

05:39 PM

Representative Curry described the PACFA sunset bill which will be heard February 5 in the Senate. Representative Curry indicated that she would like to see the $350 cap in fees be addressed in the sunset bill so that additional inspectors could be hired.

05:43 PM -- Holley Terry, Colorado Director for the Humane Society of the United States, spoke in support of the bill. She indicated that enforcement is an issue and that current PACFA laws are good. She explained that the regulations that are in place are primarily reactive and that one of the roots of the problem is the number of dogs allowed in a facility. She distributed a list of Large Scale Dog Breeders and their evaluated risk (Attachment E). She also distributed a list of organizations that endorse the bill (Attachment F). Representative Gardner read 35-80-109, C.R.S and discussed the existing authority to regulate facilities. Ms. Terry discussed the composition of the PACFA advisory committee.

06:00 PM -- Jean Medberry, spoke in favor of the bill. She commented that she thought the bill was enforceable and affordable.


BILL:	HB09-1172
TIME:	06:06:26 PM
MOVED:	McNulty
MOTION:	Moved amendment L.004 (Attachment G). The motion passed on a 7-5 roll call vote.
SECONDED:	Fischer
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	No
	Looper	Excused
	McKinley	No
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	Yes
	Vigil	No
	Fischer	Yes
	Curry	Yes

Not Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1172
TIME:	06:08:43 PM
MOVED:	Fischer
MOTION:	Moved amendment L.006 (Attachment H ). The motion failed on an 8-4 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	No
	Looper	Excused
	McKinley	No
	McNulty	No
	Pace	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	No
	Fischer	Yes
	Curry	No

Not Final YES: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL

6:11 PM

Kate Meyer, Legislative Legal Services, explained what the amendment inserts into the statute.

6:14 PM

Dr. Anderson commented on the role of inspectors in relation to the amendment. The committee discussed how much funding would be needed to hire an additional inspector.


BILL:	HB09-1172
TIME:	06:19:11 PM
MOVED:	McNulty
MOTION:	Moved amendment L.008 (Attachment I ). The motion failed on an 1-11 roll call vote.
SECONDED:	Tipton
		VOTE
	Gardner C.	No
	Hullinghorst	No
	Labuda	No
	Looper	Excused
	McKinley	No
	McNulty	Yes
	Pace	No
	Solano	No
	Sonnenberg	No
	Tipton	No
	Vigil	No
	Fischer	No
	Curry	No

Not Final YES: 1 NO: 11 EXC: 1 ABS: 0 FINAL ACTION: FAIL

6:23 PM

Representative McCann provided closing comments and asked for support of the bill.


BILL:	HB09-1172
TIME:	06:24:18 PM
MOVED:	Fischer
MOTION:	Moved to refer House Bill 09-1172, as amended, to the Committee of the Whole. The motion failed on a 5-7 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Gardner C.	No
	Hullinghorst	Yes
	Labuda	No
	Looper	Excused
	McKinley	No
	McNulty	No
	Pace	Yes
	Solano	Yes
	Sonnenberg	No
	Tipton	No
	Vigil	No
	Fischer	Yes
	Curry	Yes

Not Final YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1172
TIME:	06:26:12 PM
MOVED:	Gardner C.
MOTION:	Moved to postpone House Bill 09-1172 indefinitely. The motion passed on a 10-2 roll call vote.
SECONDED:
		VOTE
	Gardner C.	Yes
	Hullinghorst	No
	Labuda	Yes
	Looper	Excused
	McKinley	Yes
	McNulty	Yes
	Pace	No
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Not Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:37 PM -- House Bill 09-1152

Representative Sonnenberg, bill sponsor, presented the bill concerning horse racing. The bill authorizes two new methods of conducting pari-mutuel wagering on horse races including advance deposit account wagering and historical horse racing. He answered questions from the community and amendment L.001 was distributed (Attachment J).

06:48 PM -- Ira Rhodes, Cunningham Fire Protection District, spoke against the bill. He indicated that the lottery commission has not had much experience managing facilities. He expressed concern about the bill's impact on the saftey of facilities.

06:54 PM -- Representative Sonnenberg answered questions about how the percents related to the distribution of the cash fund created in the bill were determined. Questions also concerned how the bill would impact the general fund.

06:58 PM -- Rod Backenfeld, Arapahoe County Commissioner, stated that the board of county commissioners are opposed to the bill. He distributed a letter from the Arapahoe County Sheriff (Attachment K). He expressed concern about the impacts the bill would have for crime enforcement. He answered questions from the committee concerning live simulcast racing at dog tracks and horse tracks, the impact the bill may have on crime, and land use compliance issues. Commissioner Backenfeld discussed the infrastructure improvements that would be needed if the bill were to pass.

07:15 PM -- Chad Hills, Analyst for Gambling Research for Focus on the Family, testified in opposition to the bill. He distributed a packet of materials (Attachment L). He walked through the materials in the packet and talked about the population that is contained in a 50-mile radius around existing gaming opportunities now, and the new areas that would be impacted if this peri-mutuel opporunity were allowed in Colorado. Mr. Hills responded to questions from the committee.

07:25 PM -- Mr. Hills continued his testimony and responded to a question about Focus on the Family's opposition to gambling in general and some of the statistics contained in his materials.

07:29 PM -- Mark Grueskin, Colorado Gaming Association, discussed the types of devices that qualify as a slot machines. A handout was distributed that quoted statutory definitions of slot machines (Attachment M). He showed pictures on an easel of what the machines in the bill would likely look like. Mr. Grueskin ended by saying that by his interpretation, the machines being proposed qualify as slot machines according to the Colorado constitution and therefore the bill requires a public vote. Mr. Grueskin responded to questions from the committee about children's game machines.

07:47 PM

The following individuals testified in favor of the bill:

07:47 PM -- Jim Heird, equine industry, testified in support of the bill. He described the various aspects of the industry and explained how the bill would benefit community colleges. He answered questions from the committee.

08:01 PM

Representative Sonnenberg responded to questions regarding pages 9 and 10 of the bill, especially lines 7-10 of page 10.

08:06 PM -- Louis Cella, Instant Racing, discussed horse racing trends currently in the U.S. He provided several examples of where pari-mutuel racing has decreased. He stated that he sees this bill as a way to modernize racing and expand the fan base. He distributed pictures of the racing machines (Attachment N) and described how instant racing works. He discussed how instant racing is already taking place in Colorado. He answered questions from the committee and distributed a packet of information that further describes pari-mutuel racing (a copy of this packet is available on file at the State Archives).

08:27 PM -- Vaughn Cook, representing the breeding industry, spoke in support of the bill. He explained that he and his wife raise race horses and that they support the bill because it provides a way for the horse industry to flourish in the state. He also described his family's history with raising horses.

08:34 PM -- Tony Grasich, Rocky Mountain Quarter Horse Association, spoke in favor of the bill and distributed a packet of information (Attachment O) that includes information about the economic activity in each state generated by horse racing as well as other statistics. He described the economic impact of the racing industry in Colorado. He described all of the horsemen's organizations that are supporting the bill. He addressed the committee's earlier question on page 10, section 2 of the bill. He explained the intent of the language in this section of the bill.

08:51 PM -- Mr. Cella answered an additional question from the committee regarding comparisons of economic benefits in other states. He also answered a question about the impact of racing on horse breeding programs.

08:54 PM -- Dan Issel, representing thoroughbred owners and breeders, spoke in favor of the bill and described how the bill will work towards reviving the horse industry in Colorado.

08:57 PM -- John Corbin, American Paint Horse Association, spoke in favor of the bill.

08:58 PM -- Chris Whitney, Colorado Horse Alliance representing himself, spoke in favor of the bill.

08:59 PM -- Dr. Marvin Beeman, equine veterinarian, spoke in support of the bill and described the benefit the bill would have for the horse industry.

09:03 PM -- Mark McGreggor, Colorado Horse Racing Association, representing himself, spoke in favor of the bill. He described the work that went into the bill as a grassroots effort. He stated that the bill would modernize the industry.

09:06 PM

Representative Sonnenberg answered questions from the committee about whether the bill would continue to require facilities to have live racing and the authority of the racing commission.


BILL:	HB09-1152
TIME:	09:08:37 PM
MOVED:	Sonnenberg
MOTION:	Moved amendment L.001 (Attachment J). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Gardner C.	Excused
	Hullinghorst
	Labuda
	Looper	Excused
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1152
TIME:	09:12:37 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer House Bill 09-1152, as amended, to the Committee on Finance. The motion passed on an 8-3 roll call vote.
SECONDED:	McKinley
		VOTE
	Gardner C.	Excused
	Hullinghorst	No
	Labuda	No
	Looper	Excused
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	No
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 8 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS

09:17 PM -- House Bill 09-1159

Representative Priola, bill sponsor, explained House Bill 1159 which allows the members of the board of directors of a ground water management district to be the owners of producing agricultural real estate located in the district rather than resident taxpaying electors. He distributed a packet of materials (Attachment Q) and two proposed amendments (L.003 and L.004 - Attachments R and S).

09:20 PM

Mike Shiman, water rights attorney who represents six water districts, and also representing the Colorado Water Congress, testified in support of the bill with the two amendments. He explained why the bill, with the amendments, will address the problem that the bill is seeking to resolve. Mr. Shiman responded to questions from the committee.


BILL:	HB09-1159
TIME:	09:25:46 PM
MOVED:	McNulty
MOTION:	Moved amendment L.003 (Attachment R ). The motion passed without objection.
SECONDED:	Tipton
		VOTE
	Gardner C.	Excused
	Hullinghorst
	Labuda
	Looper	Excused
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1159
TIME:	09:26:06 PM
MOVED:	McNulty
MOTION:	Moved amendment L.004 (Attachment S). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Gardner C.	Excused
	Hullinghorst
	Labuda
	Looper	Excused
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1159
TIME:	09:26:16 PM
MOVED:	McNulty
MOTION:	Moved to refer House Bill 09-1159, as amended, to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:	Solano
		VOTE
	Gardner C.	Excused
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Excused
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Excused
	Tipton	Yes
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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

09:27 PM

The committee adjourned.