Bill Summary for Bill Number SB09-235

Date: 04/22/2009

Final
BILL SUMMARY for SB09-235

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View-->	Action Taken:
Moved amendment L.033 (Attachment E). The motion Moved amendment L.038 (Attachment F ). Kate Meyer Moved to change the date in Amendment L.038 from M Moved to refer Senate Bill 09-235, as amended, to	TIE Pass Without Objection PASS PASS

04:24 PM -- Senate Bill 09-235

Representative Merrifield, prime sponsor, presented Senate Bill 09-235, concerning certain fees charged by the Division of Wildlife. The bill makes changes to the fees for wildlife habitat stamps issued by the Division of Wildlife, creates the Colorado Wildlife Passport, and sets priorities for the moneys raised. It prohibits the use of habitat stamp fee proceeds for the purchase of a third-party conservation easement unless 15 percent or more of the purchase price comes from a source other than the division. The Wildlife Commission is authorized to waive this requirement under certain circumstances. The sunset review of the Colorado Wildlife Habitat Stamp Committee is extended to December 31, 2013.

The following individuals testified on the bill:

04:38 PM -- Terry Fankhauser, Colorado Cattlemen's Association, spoke against the bill because of the provisions in the bill relating to fee title acquisition. He also discussed concerns regarding public access to conservation easements. He also expressed opposition to a Senate amendment that would direct funding for purchasing instream flow water rights. Mr. Fankhauser answered questions from the committee regarding wildlife habitat that exists on private lands.

04:50 PM

Representative Merrifield discussed the loss of agricultural land in the state and the value these lands provide to wildlife.

04:53 PM -- Troy Bredenkamp, representing the Colorado Farm Bureau, spoke against the bill. He expressed his opinion that the stakeholder process facilitated by the Division of Wildlife was flawed and that farmers and ranchers did not have an adequate opportunity to have their voices heard. He also indicated opposition to the provision of the bill that would allow for the acquisition of instream flow rights.

04:58 PM -- Bob Andreasen, representing the Green Mill Sportsmans Club, spoke in opposition to the bill. He stated that he is not in opposition to habitat stamps, but is opposed to the percentage increase of the fees. He explained that he believes this would be a financial hardship to many sportsmen and discussed hunting fee structures in other states.

05:04 PM -- David Nickum, representing Colorado Trout Unlimited, spoke in support of the bill. He expressed support of habitat improvement projects that were funded through the Habitat Stamp Program. He indicated that his organization supports the fee increase from $5 to $10.

05:06 PM -- Ivan James, representing the Colorado Bowhunters Association, spoke in support of the bill. He indicated that he supported Representative Merrifield's description of the bill and why it was needed. He outlined the variety of groups and interests that support the fee increase and distributed copies of the Bowhunter Magazine that had article on the Habitat Stamp Program. (The magazine is available to association members only. See www.coloradobowhunting.org for more information.) He concluded his testimony by discussing habitat loss in Colorado as a result of increasing development. Mr. James answered questions from the committee concerning funding in the bill for acquiring instream flows.

05:15 PM -- Suzanne O'Neill, Executive Director of the Colorado Wildlife Federation, spoke in favor of the bill. She expressed support for restoring the sunset of the program from three years to five years. When asked about her position regarding provisions in the bill that allow the acquisition of instream flow water rights, she indicated that her organization preferred that the habitat committee make those types of decisions but that her organization did not oppose the amendment in the Senate.

05:18 PM -- Kent Ingram, representing the Sportsmen's Advisory Group, spoke in favor of the bill. He expressed support for having a five year sunset term rather than three years. He discussed the importance of having the option for fee title land acquisition in the bill. He also talked about the need for the wildlife passport fund as a way to involve non-hunters and non-anglers in funding wildlife conservation.

05:22 PM -- Bryan Martin, representing the Colorado Mountain Club, spoke in support of the bill and discussed the need to involve non-consumptive users in the Habitat Stamp Program. He distributed a fact sheet with the conservation community's ideas for involving non-consumptive users in the Habitat Stamp Program (Attachment D).

05:25 PM -- Ed Robinson, representing himself, spoke neutrally about the bill. He expressed concern about the habitat stamp fee structure and discussed Nebraska's habitat stamp program.

05:33 PM

The committee recessed until later in evening.

07:18 PM

The committee reconvened and continued to take testimony on Senate Bill 09-235.

07:19 PM -- Eddie Kochman, a retired Division of Wildlife employee representing himself, spoke about his concerns with the bill. He explained that he was active in the original habitat stamp bill and believed that this bill could be improved. He also discussed the need for improvements in the division's outreach efforts and his views about the instream flow provisions in the bill.

07:31 PM -- Jen Boulton, representing Colorado Trout Unlimited, responded to an earlier question from the committee that Trout Unlimited supports the bill with the Senate amendment regarding instream flow acquisition and would oppose the removal of the amendment, but that if this provision was removed Trout Unlimited would continue to support the bill.

07:32 PM -- Tom Remington, Director of the Division of Wildlife, discussed the economic importance of wildlife hunting and recreation. He explained that sportsmen asked that at least a portion of the fees from habitat stamps be directed to habitat conservation and that this funding has become an important funding source for the division's wildlife protection programs. Director Remington described the stakeholder process that went into crafting this bill, and the discussions about how to reach non-consumptive use stakeholders that lead to the idea for the wildlife passport. He further explained how several portions of the bill address administrative problems the division identified with the program. He explained his belief that this is the right time for a fee increase and the support for the increase among sportsmen's groups. He explained that Colorado's fee are comparable to the fee structures in other states. He addressed concerns about fee title acquisition raised in earlier testimony and concluded that the issue is not whether to increase fees but where to spend the money. He answered questions from the committee and discussed the division's position on some of the possible amendments.

08:09 PM

The committee continued to ask Director Remington questions. The committee and Director Remington discussed the purpose of conservation easements and easements held by the Division of Wildlife.

08:17 PM

Director Remington discussed federal aid provided to the division from the Pittman-Robertson Act and restrictions on how the division can use federal funding.

08:26 PM

The committee recessed.

08:43 PM

The committee came back to order.


BILL:	SB09-235
TIME:	08:44:22 PM
MOVED:	Pace
MOTION:	Moved amendment L.033 (Attachment E). The motion was withdrawn.
SECONDED:	Gardner C.
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: WITHDRAWN


BILL:	SB09-235
TIME:	08:46:10 PM
MOVED:	Labuda
MOTION:	Moved amendment L.038 (Attachment F ). Kate Meyer, Office of Legislative Legal Services, explained the effect of amending the date in the amendment from March to June. The amendment was amended (see vote sheet below). The motion as amended passed without objection.
SECONDED:	Fischer
		VOTE
	Gardner C.
	Hullinghorst
	Labuda
	Looper
	McKinley
	McNulty
	Pace
	Solano
	Sonnenberg
	Tipton	Excused
	Vigil	Excused
	Fischer
	Curry

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-235
TIME:	08:56:30 PM
MOVED:	McNulty
MOTION:	Moved to change the date in Amendment L.038 from March 1, 2010 to June 1, 2010 on lines 2, 4, 16, and 21. (Attachment G reflects the changes made to Amendment L.038.) The motion passed on a 10-1 roll call vote.
SECONDED:	Sonnenberg
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	No
	Looper	Yes
	McKinley	Excused
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Excused
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

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


BILL:	SB09-235
TIME:	09:01:18 PM
MOVED:	Sonnenberg
MOTION:	Moved to refer Senate Bill 09-235, as amended, to the Committee on Appropriations. The motion passed on an 11-0 roll call vote.
SECONDED:	Looper
		VOTE
	Gardner C.	Yes
	Hullinghorst	Yes
	Labuda	Yes
	Looper	Yes
	McKinley	Excused
	McNulty	Yes
	Pace	Yes
	Solano	Yes
	Sonnenberg	Yes
	Tipton	Excused
	Vigil	Yes
	Fischer	Yes
	Curry	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

09:02 PM

The committee adjourned.