Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

Date:01/08/2009
ATTENDANCE
Time:02:03 PM to 04:38 PM
Brophy
X
Gibbs
E
Place:SCR 356
Harvey
X
Hodge
X
This Meeting was called to order by
Isgar
X
Senator Isgar
Kester
E
Schwartz
*
This Report was prepared by
(None)
;
David Beaujon
(None)
;
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Overview of Sunset Review Process
Sunset of the Colorado Seed Act
Sunset of the Measurement Standards Act
Farm Products and Commodity Handlers Act
Sunset of Colorado Egg Law
Sunset of Slaughterers' Act
Sunset of Public Livestock Markets
Slaughterer - Processing - Sale of Meat Animals
Sunset of Pet Animal Care Facilties Act
Briefing only
Requested that a bill be drafted to extend the prorgram
Requested that a bill be drafted to extend the prorgram
Requested that a bill be drafted to extend the prorgram
Requested that a bill be drafted to extend the prorgram
Requested a bill to sunset the program
Requested that a bill be drafted to extend the prorgram
Requested that a bill be drafted to extend the prorgram
Requested that a bill be drafted to extend the prorgram


02:05 PM -- Overview of the Sunset Review Process

Bruce Harrelson, Executive Director of the Colorado Department of Regulator Agencies (DORA) explained that state regulatory agencies are reviewed according to a statutory schedule and criteria (Section 24-34-104, C.R.S.). A sunset review determines whether the regulatory agency should be continued without changes, continued with changes or terminated.

02:07 PM

John Stulp, Commissioner of Agriculture, explained that eight agencies or functions of the Colorado Department of Agriculture were subject to sunset reviews in 2008. These agencies will sunset on July 1, 2009 unless the General Assembly acts by bill to continue them.

02:09 PM -- Sunset Review of the Colorado Seed Act

Saul Larsen, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, described the Colorado Department of Agriculture's regulation of seeds under the authority of the Colorado Seed Act. He also described DORA's sunset report that recommends that the Colorado Seed Act continue until July 1, 2020, under the provisions of the sunset law (Attachment A).

DORA Sunset Report on the 2008 Seed Act.pdf

The following persons testified on the bill:

02:10 PM --
Mitch Yergert, Director of Colorado Department of Agriculture' Plant Division, spoke in support of extending the sunset of the Colorado Seed Act.
BILL:Sunset Review of the Colorado Seed Act
TIME: 02:11:22 PM
MOVED:Hodge
MOTION:Moved to draft a bill to continue the Colorado Seed Act until July 1, 2020 (Attachment B).

[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:12 PM

According to the sunset law (Section 24-34-104 (9) (c.3), C.R.S.) the chair of each legislative committee of reference assigns the sponsor for sunset bills. In accordance with this law, Senator Isgar requested that Senator Hodge sponsor the sunset bill to extend the Colorado Seed Act.

02:13 PM

Kate Meyer, bill drafter with the Office of Legislative Legal Services, requested permission to make any technical changes to the draft bill prior to its introduction. There was no objection to this request.


02:14 PM -- Sunset Hearing on the Measurement Standards Act

Saul Larsen, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that the Colorado Department of Agriculture regulates commercially used scales, moisture-testing devices, certified public weighers and scale repair companies. He also explained the DORA sunset report includes five recommendations including a recommendation to continue the issuance of licenses and certificates related to measurement standards until July 1,2018 and a recommendation to allow the Agricultural Commission to establish by rule annual license fees for scales based on capacity (Attachment C).

The following persons testified on the sunset of act:

02:19 PM --
Julie Zimmerman, Colorado Department of Agriculture, proposed amendments to DORA's draft bill (Attachment D and E). She explained that these amendments includes provision from the national model law and other issues that are outside of the scope of DORA's sunset review process.




02:23 PM --
Steve Bormann, Colorado Department of Agriculture, described the state law concerning the use of certified scales. He also responded to questions from the committee concerning the amendments to the DORA draft bill that the DAG is requesting including additional rule making authority.
BILL:Sunset Hearing on the Measurement Standards Act
TIME: 02:27:35 PM
MOVED:Hodge
MOTION:Moved to draft a bill to implement DORA's recommendations to continue the Measurement Standards Act (Attachment F).
LLS NO. 09-0219.01 - Measurement Standards.pdf
[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:28 PM

Senator Brophy offered to sponsor the bill to extend the sunset of the Measurement Standards Act.


02:30 PM -- Sunset Review of the Farm Products Act and Commodity Handler Act

Saul Larsen, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that the Colorado Department of Agriculture regulates farm products dealers (which includes farm products cash buyers), small-volume dealers, farm products agents, commodity handlers, commodity handler agents and commodity warehouses. He also explained the DORA sunset report includes eight recommendations including recommendations to continue the regulation of farm products and commodity warehouses by the Department of Agriculture until July 1, 2020. (Attachment G).

DORA Sunset Report on the Farm Products and Commodity Handler Acts.pdf

The following person testified on the sunset of Farm Products Act and Commodity Handler Act







02:35 PM --
Julie Zimmerman, Colorado Department of Agriculture, spoke in favor of DORA's recommendations concerning the sunset of Farm Products Act and Commodity Handler Act. She also responded to questions from the committee regarding the Department of Agriculture's authority to conduct inspections of facilities to enforce the act (Section 10 of the Draft Bill) (Attachment H).

LLS NO. 09-0218.01 Sunset Farm Product Commodity Waterhouse.pdf

02:39 PM --
Steve Bormann, Colorado Department of Agriculture, responded to questions from the committee concerning the enforcement of the act and the conduct of inspections.

02:45 PM

Tom Morris, drafter for the Office of Legislative Legal Services, responded to questions about a proposed amendment to Section 10 of the Draft Bill concerning inspection of commodity handlers' property.
BILL:Farm Products and Commodity Handlers Act
TIME: 02:48:29 PM
MOVED:Hodge
MOTION:Moved to request a draft a bill to continue the regulation of farm product and commodity warehouses by the Department of Agriculture until July 1, 2020 and seven other DORA recommendations (Attachment H).


[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Farm Products and Commodity Handlers Act
TIME: 02:49:23 PM
MOVED:Brophy
MOTION:Moved to amend the Draft Bill, Page 5, lines 7 and 8, and Page 6, lines 9 and 10, unstrike, i.e., keep in statute, "upon consent of the licensee or upon obtaining an administrative search warrant,". The motion passed on a vote of 5 to 0.
[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:51 PM

Senator Isgar offered to sponsor the bill to continue the regulation of farm product and commodity warehouses by the Department of Agriculture until July 1, 2020 and the seven other DORA recommendations.


02:52 PM -- Sunset Review of the Colorado Egg Law

Saul Larsen, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that the Colorado Egg Law is enforced by the Colorado Department of Agriculture. In order to effectively provide adequate consumer protection, the department's inspectors are charged with conducting inspections of eggs at wholesaler and retailer facilities. The department issues two licenses related to the sale of eggs in Colorado: wholesaler and retailer. He also explained the DORA sunset report includes 11 recommendations including a recommendation to continue the regulation of eggs until July 1, 2020. (Attachments I and J). He also responded to questions from the committee concerning the current regulatory program and DORA's recommendations.

DORA Sunset Report on Colorado Egg Law.pdfLLS NO 09-0228.01 Sunset Egg Regulation.pdf


The following person testified on the sunset of the sunset of the Colorado Egg Law:

03:01 PM --
Steve Bormann, Colorado Department of Agriculture, responded to questions from the committee concerning the frequency of inspection of small egg producers.
BILL:Sunset of Colorado Egg Law
TIME: 03:05:40 PM
MOVED:Hodge
MOTION:Moved that a bill be drafted to continue the Colorado Egg Law until July 1, 2020 and include the 10 other DORA recommendations (Attachment J). The motion passed on a vote of 5-0.
[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:06 PM

Senator Schwartz offered to sponsor the bill to continue the Colorado Egg Law until July 1, 2020 and implement the 10 other DORA recommendations.

03:06 PM -- Sunset of Colorado Slaughterers' Act

Bryan Jameson, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that slaughterers are licensed so the State Board of Stock Inspection Commissioners may check cattle brands, either pre- or post-slaughter, to determine ownership of the animals. He also explained the DORA sunset report recommends that the licensing of slaughterers of livestock through the Department of Agriculture expire as scheduled on July 1, 2009 and to repeal the pertinent statutes. The report also recommends that the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner undergo a sunset review and potential termination on July 1, 2012, under the provisions of the sunset law. (Attachments K and L). He also responded to questions from the committee concerning the current regulatory program and DORA's recommendation to require a sunset review of the State Board of Stock Inspection Commissioners.

DORA Sunset Report on Slaughterers Licensing.pdfLLS NO. 09-0210.01 Sunset Licensing Livestock Slaughterers.pdf

The following persons testified:






03:17 PM --
Rick Wehlert, State Board of Stock Inspection Commissioners, responded to questions about DORA's recommendation to require a sunset review of the State Board of Stock Inspection Commissioners (Attachment M).

03:18 PM --
John Stulp, Commissioner of Agriculture, commented on DORA's recommendation to allow the licensing of slaughterers of livestock through the Department of Agriculture to expire as scheduled on July 1, 2009 and that the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner undergo a sunset review and potential termination on July 1, 2012.

03:23 PM

Duane Gall, drafter with the Office of Legislative Legal Services, responded to questions from the committee.
BILL:Sunset of Slaughterers' Act
TIME: 03:24:19 PM
MOVED:Hodge
MOTION:Moved to request that a bill be drafted to implement DORA's recommendation to allow the licensing of slaughterers of livestock through the Department of Agriculture to expire as scheduled on July 1, 2009 and to repeal the pertinent statutes; and that the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner undergo a sunset review and potential termination on July 1, 2012 (Attachment L). The motion passed on a vote of 5 to 0.

[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Sunset of Slaughterers' Act
TIME: 03:25:09 PM
MOVED:Brophy
MOTION:Moved to strike sections 3 through 5 of the draft bill that would require the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner to undergo a sunset review and potential termination on July 1, 2012; and to add provisions to Title 35 to allow the State Board of Stock Inspection Commissioners to check cattle brands, either pre- or post-slaughter, to determine ownership of the animals. The authority for these inspections would otherwise expire with Article 11 of Title 12. The motion passed on a vote of 5 to 0.

[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:26 PM

Senator Isgar offered to sponsor the bill to allow the licensing of slaughterers of livestock through the Department of Agriculture to expire as scheduled on July 1, 2009, as amended.

03:26 PM -- Sunset of Public Livestock Markets

Bryan Jameson, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that the Division of Brand Inspection of the Colorado Department of Agriculture regulates public livestock markets including sale barns, sale rings, auction houses, stockyards, and any other public facilities where livestock is transported, consigned by its owner for sale, and licensed under the Colorado Public Livestock Market Act. He also explained the DORA sunset report recommends that the regulation of public livestock markets continue until July 1, 2014 and to allow the expiration date for the public livestock market license be set administratively. The report also recommends that the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner undergo a sunset review and potential termination on July 1, 2012, under the provisions of the sunset law (Attachments N and O).
DORA Sunset Report on Public Livestock Markets.pdfLLS NO. 09-0229.01 Sunset Livestock Market Regulation.pdf

The following person testified on the bill:

03:30 PM --
Rick Wahlert, Division of Brand Inspection, described the regulation of public livestock markets and responded to questions from the committee concerning DORA's recommendations.
BILL:Sunset of Public Livestock Markets
TIME: 03:31:32 PM
MOVED:Hodge
MOTION:Moved to request that a bill be drafted to implement DORA's recommendation to continue the regulation of public livestock markets until July 1, 2014 and to allow the expiration date for the public livestock market license be set administratively; and that the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner undergo a sunset review and potential termination on July 1, 2012 (Attachment O). The motion passed on a vote of 5 to 0.

[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS
BILL:Sunset of Public Livestock Markets
TIME: 03:32:06 PM
MOVED:Brophy
MOTION:Moved to strike sections 4 and 5 of the draft bill that would require the State Board of Stock Inspection Commissioners and the Office of Brand Commissioner undergo a sunset review and potential termination on July 1, 2012. The motion passed on a vote of 5 to 0.

[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS






03:33 PM

Senator Brophy offered to sponsor to the bill to continue the regulation of public livestock markets until July 1, 2014, and to allow the expiration date for the public livestock market license be set administratively.

03:33 PM -- Sunset Review of the Slaughterer, Processing, and Sale of Meat Animals Act

Bryan Jameson, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that the Field Programs section of the Colorado Department of Agriculture Inspection and Consumer Services Division works in conjunction with the U.S. Department of Agriculture Food Safety Inspection Service to license and inspect custom meat processing facilities to ensure facility sanitation and product safety. He also explained the DORA sunset report recommends that the authority of the Department of Agriculture to regulate the slaughter, processing, and sale of meat animals be continued until July 1, 2018, under the provisions of the sunset law. It also includes 13 other recommendations to change the current regulations (Attachments P and Q). Mr. Jameson also responded to questions from the committee concerning the use of fees and fine revenue associated with the regulatory program.

DORA Sunset Report on the Slaughter, Processing, and Sale of Meat Animals Act.pdf

LLS 09-0211 Slaughter, Processing, and Sale of Meat Animals Act sunset bill.pdf

The following persons testified on the sunset report:

03:52 PM --
Julie Zimmerman, Colorado Department of Agriculture, commented on the DORA recommendations and the draft sunset bill (Attachment R). She proposed that the draft bill be amended to separate the Slaughterer, Processing, and Sale of Meat Animals Act into two parts: one for custom meat processing and the other part for the sale of meat. This will alleviate confusion that results from the regulations being combined in one statute.
BILL:Slaughterer, Processing, and Sale of Meat
TIME: 03:56:18 PM
MOVED:Hodge
MOTION:Moved to request that a bill be drafted to implement DORA's recommendation that the authority of the Department of Agriculture to regulate the slaughter, processing, and sale of meat animals be continued until July 1, 2018, under the provisions of the sunset law, and 13 other recommendations (Attachment Q). The motion passed on a vote of 4 to 0.
[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Excused
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 4 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:57 PM

Senator Isgar offered to sponsor the bill to the continue the authority of the Department of Agriculture to regulate the slaughter, processing, and sale of meat animals until July 1, 2018, as well as the 13 other DORA recommendations.

03:58 PM -- Sunset Hearing on the Pet Animal Care Facilities Act

Bryan Jameson, Policy Analyst, Colorado Department of Regulatory Agencies (DORA), Office of Policy, Research and Regulatory Reform, explained that the Pet Animal Care Facilities Act (PACFA) program is part of the Animal Industry Division within the Colorado Department of Agriculture that is responsible for licensing pet care facilities and enforcing PACFA provisions. PACFA inspectors examine pet care facilities to ensure compliance with standards for facility operation regarding sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition, humane care, medical treatment, methods of operation, maintenance of records, euthanasia, and transactions. He also explained the DORA sunset report recommends that the authority of the Department of Agriculture to regulate pet animal care facilities be continued until July 1, 2014, under the provisions of the sunset law. It also includes nine other recommendations to change the current regulations (Attachments S and T). Mr. Jameson also responded to questions from the committee concerning DORA's recommendation to authorize the Commissioner of Agriculture to inspect all properties and records at any time.

DORA Sunset Report on Pet Animal Care and Facilities Act.pdfLLS NO. 09-0214.01 Pet Animal Care Facilities Act.pdf





The following persons testified on the sunset of the PACFA:

04:14 PM --
Dr. Kate Anderson, Colorado Department of Agriculture, commented on the DORA sunset report recommendations (Attachment U). She also spoke in support of Amendment L.001 (Attachment V) concerning the authority of the Commissioner of Agriculture to obtain administrative search warrants to conduct investigations and commented on Amendment L. 002.(Attachment W) that would extend the sunset of PACFA until 2019 and make other amendments to the draft bill that includes DORA's recommendations.

04:22 PM

Kate Meyers, bill drafter for the Office of Legislative Legal Services, responded to questions from the committee concerning Amendment L. 002 (Attachment V).

04:23 PM --
Mr. Jameson spoke in opposition to Amendment L. 002 that, in part, strikes DORA's recommendation to direct the Commissioner of Agriculture to set fees at sufficient levels for record-keeping and support technology.

04:25 PM --
Dr. Anderson and Commissioner Stulp responded to questions about Amendment L. 002 (Attachment V).

04:27 PM --
Dr. Keith Roehr, State Veterinarian, described technology used by the department to administer the PACFA program.
BILL:Sunset of PACFA
TIME: 04:36:14 PM
MOVED:Hodge
MOTION:Moved to request that a bill be drafted to implement DORA's recommendation that the authority of the Department of Agriculture to regulate pet animal care facilities be continued until July 1, 2014, under the provisions of the sunset law, and nine other recommendations (Attachment S). The motion passed on a vote of 4 to 0.
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Yes
(None)
(None)
Not Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:Sunset of PACFA
TIME: 04:36:59 PM
MOVED:Brophy
MOTION:Moved Amendment L. 002 (Attachment V). The motion passed 4-0.

[Senator Isgar, Chair, Senator Hodge, Vice-Chair]
SECONDED:
VOTE
Brophy
Yes
Gibbs
Excused
Harvey
Yes
Hodge
Yes
Isgar
Yes
Kester
Excused
Schwartz
Excused
(None)
(None)
Not Final YES: 4 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

04:38 PM

Senator Isgar assigned Senator Dan Gibbs to sponsor the bill to continue the authority of the Department of Agriculture to regulate pet animal care facilities until July 1, 2019 and other make other changes to the program.

04:38 PM

The meeting adjourned.