House Committee on Agriculture, Livestock, & Natural Resources (03/17/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date:	03/17/2009	ATTENDANCE

Time:	11:43 AM to 01:33 PM	Gardner C.	*
		Hullinghorst	X
Place:	HCR 0107	Labuda	X
		Looper	X
This Meeting was called to order by		McKinley	X
	Representative Curry	McNulty	X
		Pace	*
This Report was prepared by		Solano	X
	Lauren Ris	Sonnenberg	X
		Tipton	X
		Vigil	*
		Fischer	X
		Curry	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-182 SB09-216		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

11:44 AM -- Senate Bill 09-182

Representative Stephens, prime sponsor, presented Senate Bill 09-182 concerning the use of state parks by certain search and rescue organizations for training activities. The bill exempts public or nonprofit search and rescue organizations from all state park fees when conducting certain training activities at the state park or facility. These activities take precedence over other users when the organization has provided the Division of Parks and Recreation with at least 72 hours advance notice.

The following individuals testified:

11:46 AM -- Howard Paul, representing the Colorado Search and Rescue Board, spoke in favor of the bill. He discussed the number of hours donated by volunteers for search and rescue training. He answered questions from the committee.

11:48 AM -- Col. Jack Buschmann, representing the Civil Air Patrol, spoke in favor of the bill. He described the work of search and rescue operations and the need for volunteer teams to conduct training activities. Col. Buschamann answered questions from the committee.

11:55 AM -- Kristopher Poskey, representing himself and the search and rescue community, explained that rescue teams are comprised of unpaid volunteers and that the cost of training can be prohibitive. He discussed how training groups use state parks and how they would benefit from not having to pay park fees.


BILL:	SB09-182
TIME:	12:01:28 PM
MOVED:	McNulty
MOTION:	Moved to refer Senate Bill 09-182 to the Committee of the Whole. The motion passed on a 12-0 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Excused
	Fischer	Yes
	Curry	Yes

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

12:02 PM -- Senate Bill 09-216

Representative Pommer, prime sponsor, presented SB 09-216 concerning increases in the fees paid to the Division of Water Resources in the Department of Natural Resources and modifying appropriations made to the Divsion of Water Resources in the fiscal year 2008-09 appropriations bill. The bill is recommended by the Joint Budget Committee as part of the 2008-09 budget balancing package. Beginning March 1, 2009, certain fees collected by the Division of Water Resources in the Department of Natural Resources will be increased. The appropriations to the division are decreased by $500,000 and modified so that a portion of personal services, operating, and indirect costs now financed with General Funds will be funded with cash funds.

12:04 PM -- Dick Wolfe, State Engineer, explained the need for additional funding for the Division of Water Resources. He also discussed the history of fees and fee increases in the Division of Water Resources. Mr. Wolfe provided information about the division's current budget. He explained the bill's proposed fee increases for well permit applications, water supply plans, and dam design reviews. He also described how the fees fit into the Division's overall structure and budget. Mr. Wolfe answered questions from the committee.

12:13 PM

Representative Curry discussed Amendments L.008 and L.011, which were distributed to the committee (Attachments A and B).

12:15 PM -- Mr. Wolfe, spoke about Amendment L.008 which would cut the fees in the bill in half. Mr. Wolfe described positions that are currently vacant in the Division of Water Resources.

12:19 PM

Representative Pommer discussed the philosophy behind the Taxpayer's Bill of Rights (TABOR), which he explained moved the state towards a user-funded state government.

12:24 PM

The committee continued to discuss TABOR and how state government is funded.

12:30 PM

Representative Pommer addressed questions from the committee about Low Income Energy Assistance Program (LEAP) funding.

12:34 PM

The committee discussed their views on the bill. Representative Gardner read an e-mail from a constituent.

12:36 PM

Representative Curry discussed how Amendment L.008 would decrease fees in the bill. She also discussed funds that go to the Governor's Energy Office.

The following individuals testified:

12:41 PM -- Sara Duncan, Denver Water Department, spoke in favor of the bill. She discussed the importance of the Division of Water Resources and Amendment L.008. She stated that the bill would establish long term funding for the State Engineer's Office. She answered questions from the committee.

12:49 PM -- John O'Brien, representing the Colorado Water Well Contractors ASsociation, spoke in favor of the bill.

12:52 PM -- Julia Murphy, a Colorado Springs resident, spoke in opposition to the bill. She discussed the fee increases in the bill and stated that they are exorbitant.

01:00 PM -- Doug Kemper, representing the Colorado Water Congress, spoke in favor of the bill and explained that the State Affairs Committee voted to support the bill with Amendment L.008, but that they had not seen Amendment L.011 and did not have a position on it. He explained that the Colorado Water Congress expressed concerned that the original fees in the bill seemed high, but supports the changes proposed in Amendment L.008. He discussed the qualifications and expertise of water commissioners and the difficulty of replacing them.

01:10 PM -- Mr. Wolfe discussed a variety of the Division of Water Resources' service costs.


BILL:	SB09-216
TIME:	01:12:24 PM
MOVED:	Curry
MOTION:	Moved amendment L.008 (Attachment A). A substitute motion was offered and passed, replacing L.008. See vote sheet below.
SECONDED:	Fischer
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton
	Vigil
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Substitute motion L.011 passed


BILL:	SB09-216
TIME:	01:12:35 PM
MOVED:	Sonnenberg
MOTION:	Moved a substitute motion to adopt Amendment L.011. Representative Sonnenberg described the amendment. The committee discussed the amendment and HB 09-1308, which the committee will take up on March 18. The committee discussed stimulus package dollars and how this money may be used in relation to the Governor's Energy Office Low Income Energy Assistance Program (LEAP) funding. The motion passed on a 9-4 roll call vote. Amendment L.011 replaced L.008.
SECONDED:	McNulty
		VOTE
	Gardner C.	Yes
	Hullinghorst	No
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	No
	Curry	No

Not Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-216
TIME:	01:31:11 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer Senate Bill 09-216, as amended, to the Committee of the Whole. The committee discussed their positions on the bill. The motion passed on a 10-3 roll call vote.
SECONDED:	Pace
		VOTE
	Gardner C.	Yes
	Hullinghorst	No
	Labuda	No
	Looper	Yes
	McKinley	Yes
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Yes
	Vigil	Yes
	Fischer	No
	Curry	Yes

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

01:33 PM

The committee adjourned.