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H_AGR_2017A 03/13/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Date: 03/13/2017
ATTENDANCE
Time: 01:31 PM to 09:21 PM
Becker J.
X
Buck
*
Place: RM 271
Danielson
X
Esgar
X
This Meeting was called to order by
Hansen
X
Representative Arndt
Lebsock
X
Lewis
X
This Report was prepared by
McKean
*
Meghan O'Connor
Saine
X
Valdez
X
Willett
X
Mitsch Bush
X
Arndt
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-135

HB17-1226

HB17-1190

HB17-1008

HB17-1033
Postponed Indefinitely

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Laid Over

Postponed Indefinitely





01:32 PM -- SB 17-135



Representative Lewis, sponsor, presented Senate Bill 17-135, concerning the removal of the requirement that licensed chiropractors who are registered to perform animal chiropractic obtain a veterinary medial clearance by a licensed veterinarian before performing an act that falls within an animal chiropractor's scope of practice on an animal patient. The bill also allows a chiropractor who is not registered as an animal chiropractor to perform animal chiropractic treatment if a licensed veterinarian provides medical clearance. In this case, the chiropractor is required to maintain professional collaboration with the veterinarian who provided the medical clearance. Representative Lewis responded to questions from the committee and committee discussion ensued.



The following persons testified remotely on the bill:



01:47 PM --
Melinda LaVelle, representing veterinarians, spoke in support of the bill and read into the record testimony in support of the bill from three veterinarians from southwestern Colorado.



01:50 PM --
Dr. Michael Aldney, a chiropractor and animal owner, spoke in support of the bill.



01:54 PM --
Michelle Busbee, representing herself, spoke in support of the bill.



01:56 PM --
Gayle Olsen read into the record testimony in support of the bill from Dr. Erin Peterson.





01:59 PM --
Debra Bishop, representing herself, spoke in support of the bill and responded to questions from the committee.



02:05 PM --
Brenda Rice, representing herself, spoke in support of the bill.



02:11 PM --
Sandra Simons, representing herself, spoke in support of the bill.



02:16 PM --
Petra Sullwold, representing herself, spoke in support of the bill.



02:17 PM --
Dr. Arno Burnier, representing himself, spoke in support of the bill.



02:20 PM --
Claudia Whitman, representing herself, spoke in support of the bill.



02:21 PM --
Dr. Clayton Sullwood, representing himself, spoke in support of the bill.



02:24 PM --
Bethany Niccum, representing herself, spoke in support of the bill.



02:26 PM --
Jan Bradberry, representing herself, spoke in support of the bill.



02:29 PM --
Judith Grimes, spoke in support of the bill on behalf of Chad Jack.



02:32 PM --
Shelbi Phelps, representing herself, spoke in support of the bill.



The following persons testified on the bill at the committee hearing :



02:36 PM --
Leo Boyle, Colorado Veterinarian Medical Association (CVMA), spoke in opposition to the bill and described the agreement made between chiropractors and veterinarians made in 2009. Mr. Boyle responded to questions from the committee regarding an agreement reached by chiropractors and veterinarians and policies of other states regarding animal chiropractic.



02:47 PM --
Dr. Kevin Haussler, Colorado State University, spoke in opposition to the bill and responded to questions from the committee regarding the registration of animal chiropractors and the availability of large animal veterinarians who are also licensed to practice animal chiropractic



03:00 PM --
Dr. Mark Stetter, Colorado State University, was not at the hearing, but his letter of opposition was read into the record by Dr. Kevin Haussler.



03:02 PM --
Dr. Nick Striegel, Deputy State Veterinarian, Colorado Department of Agriculture, spoke in opposition to the bill and expressed concern about the reporting of diseases in animals. Dr. Striegel responded to questions from the committee regarding the reporting of diseases by chiropractors and the enforcement of current statute. Dr. Striegel discussed different symptoms of transmissible diseases and how those symptoms could be mistaken for soreness or weakness by an animal chiropractor.



03:20 PM --
Dr. Will French, CVMA, spoke in opposition to the bill and expressed concern about chiropractic treatment on horses. Dr. French responded to questions from the committee regarding diseases that may be misdiagnosed by chiropractors and the education requirements for animal chiropractors. Dr. French expressed concern with a provision in the bill allowing a chiropractor who is not registered as an animal chiropractor to practice on animals.



03:33 PM --
Former Representative Ann McGihon, representing herself, spoke in opposition to the bill. Representative McGihon gave a brief background of the current statute and the agreement between chiropractors and veterinarians reached through Senate Bill 09-167.





03:39 PM --
Dr. William Fredregill, CVMA, spoke in opposition to the bill.



03:42 PM --
Diane Matt, CVMA, read into the record a letter of opposition from Dr. Crawford.



03:46 PM --
Dr. Melanie Marsden, representing herself, spoke in opposition to the bill. She expressed concern regarding the provision in the bill allowing a chiropractor who is not registered as an animal chiropractor to practice on animals.



03:49 PM --
Dr. Narda Robinson, representing himself, spoke in opposition to the bill.



03:54 PM --
Lori Greenstone, Colorado Voters for Animals, spoke in opposition to the bill.



03:55 PM --
Ralph Johnson, CVMA, spoke in opposition to the bill and responded to questions from the committee.



04:01 PM --
Karen Mahnke read into the record a letter of support from Dr. John Komarek.



04:06 PM --
Bruce Zech, representing himself, testified in support of the bill.



04:09 PM --
Dr. Rachel Wendt, Colorado Chiropractic Association, testified in support of the bill and responded to questions from the committee.



04:20 PM --
Rafael Munez read a letter of support into the record from Dr. Rebecca Goodwin.



04:23 PM --
Dr. Amy Hayek, Animal Chiropractic Educator, spoke in support of the bill and responded to questions from the committee.



04:38 PM --
Jamie Morris, representing herself, spoke in support of the bill.



04:43 PM --
Dr. Richard Hobighorst, an animal chiropractic practitioner, spoke in support of the bill.



04:47 PM --
Gail Miesner, Rocky Mountain Quarter Horse Association and Rocky Mountain Farmers Union, spoke in support of the bill.



04:53 PM --
Bill Midcap, Rocky Mountain Farmers Union, spoke in support of the bill.



04:54 PM --
Jen Granland, representing herself, spoke in support of the bill.



04:56 PM --
Roxanne Jaramillo, representing Dr. Tina Husman, spoke in support of the bill.



05:00 PM --
Dr. Donna Walter, representing herself, spoke in support of the bill.



05:03 PM --
Dr. Mattie Leto, chiropractic practitioner, spoke in support of the bill and responded to questions from the committee.



05:13 PM -- Dr. Paige Mott, animal chiropractic, spoke in support of the bill and responded to questions from the committee.





05:19 PM



Representative Lewis concluded her comments on the bill and distributed letters of support for the bill (Attachment A) to the committee. Committee discussion ensued.



170313 AttachA.pdf170313 AttachA.pdf

BILL: SB17-135
TIME: 05:35:41 PM
MOVED: Lewis
MOTION: Refer Senate Bill 17-135 to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED: Buck
VOTE
Becker J.
Yes
Buck
Yes
Danielson
No
Esgar
No
Hansen
No
Lebsock
No
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
No
Willett
Yes
Mitsch Bush
No
Arndt
No
Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-135
TIME: 05:36:51 PM
MOVED: McKean
MOTION: Postpone Senate Bill 17-135 indefinitely. The motion passed on a vote of 7-6.
SECONDED: Arndt
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
No
Mitsch Bush
Yes
Arndt
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:38 PM -- HB 17-1226



The committee recessed.



05:52 PM



The committee came back to order. Representatives Covarrubias and Pabon, co-prime sponsor, presented House Bill 17-1226, concerning the designation of daylight saving time as the standard year-round time within the state. The bill makes daylight saving time the year-round standard time within the state. The bill only takes effect if it is approved by Colorado voters in the November 2018 general election and all other states wholly or partially in the Mountain Time Zone also adopt permanent daylight saving time for any areas they have in the Mountain Time Zone. Representatives Pabon and Covarrubias responded to questions from the committee regarding the decision to make daylight saving time the standard time. Committee discussion ensued.



The following persons testified on the bill:



06:26 PM --
Alice Harris, representing herself, spoke in support of the bill.



06:29 PM --
RJ Hicks, Colorado Motor Carriers Association, spoke in opposition to the bill and responded to questions from the committee regarding the costs associated with a permanent time change, just-in-time deliveries, and past attempts of changing the time zone.



06:54 PM --
Chris Linsmayer, Colorado Ski Country USA, spoke in opposition to the bill and responded to questions from the committee regarding the economic impact of the ski industry of a permanent time change.





07:04 PM --
Sean Johnson, representing himself, spoke in support of the bill.



07:10 PM --
Scott Yates, representing himself, spoke in support of the bill and responded to questions from the committee regarding the history of daylight saving time.



07:22 PM



Representative Arndt closed testimony, and Representative Pabon distributed Amendment L.004 (Attachment B). After distributing the amendment, Representative Pabon requested that the committee not move the amendment. Representative Pabon and Representative Covarrubias made concluding comments on the bill.



170313 AttachB.pdf170313 AttachB.pdf

BILL: HB17-1226
TIME: 07:37:14 PM
MOVED: Saine
MOTION: Refer House Bill 17-1226 to the Committee of the Whole. The motion failed on a vote of 5-8.
SECONDED: McKean
VOTE
Becker J.
Yes
Buck
Yes
Danielson
No
Esgar
No
Hansen
No
Lebsock
No
Lewis
Yes
McKean
Yes
Saine
Yes
Valdez
No
Willett
No
Mitsch Bush
No
Arndt
No
Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1226
TIME: 07:38:08 PM
MOVED: Mitsch Bush
MOTION: Postpone House Bill 17-1226 indefinitely. The motion passed on a vote of 8-5.
SECONDED: Esgar
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:49 PM -- HB 17-1190



Majority Leader Becker, sponsor, presented House Bill 17-1190, concerning the limited applicability of the Colorado Supreme Court's Decision in St. Jude's Co. v. Roaring Fork Club, LLC (St Jude's). The Colorado Supreme Court held in St. Jude's that the diversion of water from a surface stream into a private ditch on private property for aesthetic, recreational, and piscatorial purposes is not a beneficial use of water under Colorado water law. This bill limits the application of this decision to direct flow appropriations without storage made after July 15, 2015.



07:53 PM --
Chris Treese, Colorado River District, spoke in support of the bill, as it would be amended by Amendment L.001, which was distributed by Majority Leader Becker, and Amendment L.002, which was distributed by Representative Becker (Attachments C and D, respectively). Mr. Treese provided a background of the St. Jude's case and responded to further questions from the committee. Mr. Treese provided a list of water rights that could possibly be affected by the St. Jude's case (Attachment E).



170313 AttachC.pdf170313 AttachC.pdf170313 AttachD.pdf170313 AttachD.pdf170313 AttachE.pdf170313 AttachE.pdf



08:13 PM --
Dianna Orf, Colorado Water Congress, spoke in support of the bill.



08:25 PM --
Michael Browning, Eagle Reservoir Company, spoke in support of the bill. Mr. Browning responded to questions from the committee regarding the St. Jude's case and his concern that the decision could be applied retroactively to established water rights.





08:35 PM --
Pat Ratliff, South Metro Water Supply Authority, stated that she did not support the introduced version of the bill, but she would support the bill if amended by Amendment L.001.



08:39 PM --
Michael Mitchell, Creekside Coalition, spoke in support of the bill.



08:46 PM --
Kristen Moseley, Eagle River Water and Sanitation District, spoke in support of the bill and stated that the Ute Water Conservancy District also supports the bill.



08:51 PM --
Theresa Conley, Conservation Colorado, The Nature Conservancy, and the Audubon Society, spoke in support of the bill. Ms. Conley responded to questions from the committee.



08:58 PM --
Joan Green, Water Rights Association of the South Platte, discussed her concerns with the bill, specifically the clarity of the language used in the bill. In response to some of Ms. Green's concerns, Majority Leader Becker stated that she would commit to working on the language of the bill.



09:04 PM --
Emily Ibach, Colorado Farm Bureau, spoke in support of the bill and stated that water rights adjudicated prior to the St. Jude's case should remain in tact.





09:07 PM



Committee discussion regarding the bill ensued.

BILL: HB17-1190
TIME: 09:07:29 PM
MOVED: Arndt
MOTION: Adopt amendment L.001. The motion passed on a vote of 8-5.
SECONDED: Mitsch Bush
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: HB17-1190
TIME: 09:08:50 PM
MOVED: Mitsch Bush
MOTION: Adopt amendment L.002. The motion passed on a vote of 12-1.
SECONDED: Saine
VOTE
Becker J.
Yes
Buck
Yes
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
Yes
Saine
Yes
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS







09:09 PM



Majority Leader Becker made concluding comments on the bill, and committee discussion ensued.

BILL: HB17-1190
TIME: 09:12:11 PM
MOVED: Arndt
MOTION: Refer House Bill 17-1190, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED: Esgar
VOTE
Becker J.
No
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
Yes
Lewis
No
McKean
No
Saine
No
Valdez
Yes
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:13 PM -- HB 17-1008



Representative Arndt laid over House Bill 17-1008, concerning an exemption from the Water Quality Control Commission's graywater control regulations for graywater uses for the purpose of scientific research involving human subjects. The bill will be heard on Wednesday, March 20, 2017, upon adjournment.







09:13 PM -- HB 17-1033



Representative Becker, sponsor, presented House Bill 17-1033, concerning an authorization for the Colorado Water Conservation Board to finance South Platte River Basin Reservoir dredging projects. Representative Becker requested that the committee postpone the bill indefinitely. Committee Discussion ensued regarding the bill.

BILL: HB17-1033
TIME: 09:20:31 PM
MOVED: Becker J.
MOTION: Postpone House Bill 17-1033 indefinitely. The motion passed on a vote of 8-5.
SECONDED: McKean
VOTE
Becker J.
Yes
Buck
No
Danielson
Yes
Esgar
Yes
Hansen
Yes
Lebsock
No
Lewis
No
McKean
Yes
Saine
No
Valdez
No
Willett
Yes
Mitsch Bush
Yes
Arndt
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:21 PM



The committee adjourned.




The House and Senate are temporarily adjourned.  The building is closed to the public.

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