Press Releases

Wes, lawmakers saddle up and ride through downtown Denver

DENVER, March 14, 2010 – State Representative Wes McKinley (D-Walsh) led a legislative Trail Ride from the State Capitol to the National Western Complex on Friday, March 12 at 1:30 p.m. The lawmakers were helping to kick off the Rocky Mountain Horse Expo, a three-day event that celebrates the importance of horses to Colorado's heritage.

Denver Mayor, John Hickenlooper, sent the more than 75 riders off with a resounding “Giddy-up!”

The parade of horses and their riders, wagons and mules started at the north end of the Capitol. They then headed north on Sherman Street to E. 16th, west to Lincoln, north to E. 18th Ave. crossing Broadway and heading south on Tremont Place to 14th Street, then to Cleveland Place and south on Bannock, passing Civic Center to Broadway and 14th, finishing the ride at Lincoln.

Rep. McKinley, a long-time horseman and founder of the Legislators’ Trail Ride said “if a youngster has a horse, he also has an adult in his life.”
Rep. McKinley supports the Rocky Mountain Horse Expo because of its ongoing work to provide a showcase for the many breeds and disciplines of horses, and to bring horse owners and enthusiasts together for education and entertainment.

The Expo was held at the National Western Complex March 12 & 13 from 8 a.m. to 6 p.m. and Sunday, March 14 from 8 a.m. to 4 p.m.
House Passes Wes' Piñon Canyon Landowner & School Petition Act

DENVER, April 8, 2009 — A landmark piece of legislation that protects landowners from the federal government plans to take southeastern Colorado ranches passed out of the House today. House Bill 1317, “The Piñon Canyon Landowner and School Protection Act,” sponsored by Representatives Sal Pace (D-Pueblo) and Wes McKinley (D-Walsh) passed on a strongly bi-partisan 47-17 vote and now heads to the Senate.

“This legislation will keep the Army from taking State Land Board land,” said Rep. McKinley. “These lands are necessary for the funding of our schools. We need to keep them for their intended purposes. The sale of this property to the Army would have a destructive affect on the surrounding community, environment, and natural resources.”

The legislation prohibits the sale of State Land Board land for the expansion of the controversial Piñon Canyon Maneuver Site. It also directs the Colorado Attorney General's office to uphold Colorado law and withhold any attempt by the Army to condemn those sections of state land. State Land Board land surrounds Piñon Canyon and is designated for funding Colorado's schools. That land has been owned by Colorado since the inception of statehood. Roughly 20 percent of the land that the Army has designated for future expansion is State Land Board land. Most of this land is currently leased to ranchers and used for grazing.

“I am thrilled this legislation passed out of the House, and believe it is a victory for the private property rights of farmers and ranchers in southeastern Colorado,” said Rep. Pace. “Prohibiting the state sale of school lands will prevent any further unwanted eminent domain grab of private lands, which would destroy an important and treasured way of life in southern Colorado.”

Piñon Canyon expansion has come under scrutiny locally and nationally. Local landowners, mostly ranchers, fear that Piñon Canyon expansion will only occur through forced removal from their land through eminent domain and condemnation. In 2007, the Colorado General Assembly voted to remove the federal government’s use of eminent domain to expand Piñon Canyon. That same year, Congress voted for the Musgrave/Salazar amendment, which blocked federal dollars from going toward the site. The federal nonpartisan Government Accountability Office has provided a study which criticizes a lack of a proven need for expansion.

Southern Colorado ranchers currently raise more than 400,000 head of cattle in this region. The current Piñon Canyon Maneuver Site is roughly 250,000 acres in size and gives Fort Carson one of the Army's highest land-per-brigade ratios, according to the 2005 BRACC report.
Cowboy Wes Introduces Piñon Canyon Landowner & School Protection Act

DENVER, March 18, 2009 — House Bill 09-1317, “The Piñon Canyon Landowner and School Protection Act,” was introduced yesterday by Representatives Wes McKinley (D-Walsh) and Sal Pace (D-Pueblo). The landmark piece of legislation would protect landowners from the federal government plans to take southeastern Colorado ranches.

“This legislation will keep the Army from taking State Land Board land,” said Rep. McKinley. “These lands are necessary for the funding of our schools. We need to keep them for their intended purposes. The sale of this property to the Army would have a destructive affect on the surrounding community, environment, and natural resources.”

“We are fighting for the private property rights of farmers and ranchers in southeastern Colorado,” said Rep. Pace, the bill's co-sponsor. “Prohibiting the state sale of school lands will prevent any further unwanted eminent domain grab of private lands, which would destroy an important and treasured way of life in southern Colorado.”

Piñon Canyon expansion has come under scrutiny locally and nationally. Local landowners, mostly ranchers, fear that Piñon Canyon expansion will only occur through forced removal from their land through eminent domain and condemnation. In 2007, the Colorado General Assembly voted to remove the federal government’s use of eminent domain to expand Piñon Canyon. That same year, Congress voted for the Musgrave/Salazar amendment, which blocked federal dollars from going toward the site. The federal nonpartisan Government Accountability Office has provided a study which criticizes a lack of a proven need for expansion.

Southern Colorado ranchers currently raise more than 400,000 head of cattle in this region. The current Piñon Canyon Maneuver Site is roughly 250,000 acres in size and gives Fort Carson one of the Army's highest land-per-brigade ratios, according to the 2005 BRACC report.

HB 1317 has several bipartisan co-sponsors. It now goes to the House Agriculture Committee for testimony
MCFADYEN,MCKINLEY REQUEST CONGRESS BLOCK ALL LAND ACQUISITION IN PINON CANYON
PUEBLO – State Representative Buffie McFadyen encouraged US Senators Ken Salazar and Wayne Allard to restore the funding ban to essentially prohibit any expansion of the Piñon Canyon Maneuver Site in southeastern Colorado. The request comes in response to the Army’s announcement that it will continue plans to acquire land in the area for use in “live fire” and other military training exercises. In a letter to Senators Salazar and Allard, Rep. McFadyen sited how important the farmland pegged for army takeover is to the Colorado economy, and how Army expansion could erode private property values, damaging the livelihood of many Coloradans. State Representative Wes McKinley – a longtime critic of Army expansion plans – joined Rep. McFadyen in signaling his support for Congressional action to block any additional land acquisition in Piñon Canyon. “This is just another way of bullying landowners into giving up their land. Any Army expansion – even if it’s from willing sellers – will hurt landowners by diminishing property values in the area. All the Army did was to announce it was closing the front door, and hope that don’t people realize the back gate is still wide open. We’ll, we do. And we’re asking Congress to shut that too.” Excerpts from the letter appear below: Dear Senator, Please work to restore the Piñon Canyon Maneuver Site Expansion funding ban. Please ensure that no funds appropriated or otherwise made available may be used for any action that promotes expansion of the current boundaries of the Piñon Canyon Maneuver Site in Southeastern Colorado. Please also vote to defeat Senator Wayne Allard’s legislation authorizing buying property (with or without eminent domain) for the expansion of the Piñon Canyon Maneuver Site in southeastern Colorado. The Colorado General Assembly, in a bipartisan effort, as well as Governor Bill Ritter, overwhelmingly supported and passed legislation specifically designed to protect private property rights from the Pentagon’s proposal to expand the Piñon Canyon Maneuver Site. Last year, the US Congress gave landslide support to legislation prohibiting funding for any act “related to or promotes the expansion of the boundaries or the size at Piñon Canyon.” … Removal of this agricultural property in Southeastern Colorado would have a devastating impact on the families who have owned and ranched this land for generations. Our local economies are dependent on the survival of industry in rural Colorado. County and school district budgets are dependent on productive and privately owned land. … The Army has not yet supplied enough information or justification for this requested expansion (whether a full or partial expansion). The families living in and around the Pinon Canyon Maneuver site have stated publicly their concerns of years of broken promises made by the military, most especially the use of live fire. Expansion of the maneuver site would include more “live fire.” … Protection of property rights is of the utmost importance. Willing sellers or not, scaled back plans or not, the Army has not made its case for any expansion. Even if willing sellers exist, expansion would impact the property rights and the agricultural industry for generations to come. Any efforts made to devastate property rights must be stopped.
Controversial State Fair mandatory Premise ID challenged by legislator
- Friday, February 8, 2008 11:03 AM MST DENVER - A Colorado legislator has introduced legislation aimed at ending the controversial argument about State Fair entry requirements once and for all. State Representative Wes McKinley (D-64) this month introduced HB-08-1129, legislation which "Prohibits the board of commissioners and the manager of the Colorado State Fair authority from promulgating a rule, or enforcing a policy or practice that requires an exhibitor showing an animal at the Colorado State Fair and Industrial Exposition to participate in the National Animal Identification Program." McKinley says his bill "Keeps the State Fair Board from promoting a federal agenda," adding the legislation also aims to protect the rights of citizens from what he is calling government interference. "We're in favor of McKinley's bill," Rocky Mountain Farmers Union president, Kent Peppler tells the Ag Journal this week. "There's too many things that are unknown about this program and we're working very closely with (Colorado's ag commissioner John Stulp) to try and seek some type of resolution on it." Peppler agrees with McKinley assessment regarding the State Fair premise i.d. issue, as being an inner-family fight that's putting Colorado's 4H and FFA kids in the middle. "Representative McKin-ley's legislation would prohibit the Fair Board from requiring mandatory premises registration, one part of the National Animal Identifica-tion System," notes Chris Wiseman, general manager of the Colorado State Fair. "We oppose the bill because the Colorado Depart-ment of Agriculture believes strongly in the importance of animal disease prevention and control. And premise registration is an important component to both," Wiseman says. The legislation was recently heard by members of Colorado's House Agricul-ture, Livestock and Natural Resources Committee. Mc-Kinley serves as a member of the committee, where the bill passed with a vote of - 8-4. Since last year, the Board of Commissioners for the Colorado State Fair has required that participants in animal showings during the event be registered in the Livestock Premise Identifica-tion system, which is part of the National Animal Iden-tification System (NAIS.) The United States Depart-ment of Agriculture says the intent of the NAIS program, which so far has remained free and voluntary, is to quickly establish and contain points of animal disease outbreaks before they spread. The system is based on the registration of all livestock and where they are kept, held and transported to and from. However, many producers have argued that such a program is far too intrusive into their lives and their operations, and further argue that such mandates apply undue cost and man-hours, especially hurting smaller, independent and family operations. However, the board's decision has come under fire since being enforced last year. "There are a lot of my constituents who just bristle at the thought of having to register themselves and their operation with the federal government," says Colorado State Senator Greg Brophy, the senatorial sponsor of McKinley's legislation. "Animal exhibitions, such as fairs, rodeos and shows, are a potential disease amplification point," stresses Wiseman. "The State Fair draws many livestock species, as well as hobby animals, such as birds, from all over the state. Many of these animals then return to their location of origin, or are purchased and are taken elsewhere." "In the event that the animal came in contact with another diseased animal, prompt notification would be necessary to contain a larger disease outbreak," Wiseman says, defending the State Fair Board's position on required registration. "The State Fair's mission includes education and demonstration projects. Animal disease prevention and control is a critical component of 4-H and FFA livestock projects," continues Wiseman. "It's our opinion that learning about the role that premise registration can play in modern livestock production is important." Peppler says at the conclusion of last year's Colorado State Fair run, the Rocky Mountain Farmers Union office in Greenwood Village, was inundated with phone calls regarding the policy. "We have some really strong feelings within our organization of where we need to be on this issue," says Peppler, about the members of his organization opposing the requirement. "There was a slight decrease in show entries," states Wiseman, regarding last year's State Fair animal showing entries. "However, only three exhibitors stated their reason for non-participation was due to the requirement." Wiseman says there were 4,383 entries during the 2007 run of the Colorado State Fair, down from 4,456 in 2006. However, he also notes that there were slight decreases in showings at county fairs across the state during the 2007 season, as well. "The State Fair Board is promoting the Colorado Department of Agriculture's (CDA) agenda," states Wiseman. "That is, the Fair Board is adopting the latest tool available to prevent and manage communicable animal diseases. The CDA strongly supports premise identification, and we are pleased that the Fair Board shares our commitment to this important segment of our agricultural community." However, John Heller, the Colorado Animal Identifica-tion Coordinator with the Colorado Department of Agriculture, told the Ag Journal during an interview last summer that his department applied no pressure to the State Fair or its board to adopt or mandate such policies. "The requirement has been put out by 4-H and FFA, and those are private organizations, essentially," Heller stated. "The Colorado State Fair, even though it's administered by the Colorado Department of Agriculture, has a State Fair Board that makes decisions on rules and regulations. "In both cases, despite what a considerable amount of people want to insinuate and suggest, we have not strong-armed, or forced, or even asked these groups to make that decision. "They feel and understand the program and see its value in terms of helping out with animal health," Heller says. "And they feel that their participants in the organization and exhibitions need to comply with a certain rule and standard," Heller told us last summer. Indiana requires such registration at its State Fair, as well as at all county fairs. The only other states to require premise identification registration for state fair entries are Wisconsin and Minnesota. McKinley's legislation, having successfully moved out of committee, now begins its journey through the floors of the General Assembly. "We intend to make the legislature very familiar with our position on premise registration as an important tool to protect the Colorado livestock industry," Wiseman states. "Our belief is that with the knowledge of the benefits of premise registration, the legislature will let the authorities of the Fair Board remain intact, and permit it to require premise registration as it deems appropriate." Wiseman says last year's attendance during the run of the Colorado State Fair, located in Pueblo, totaled 485,035.
Rural Children and Farm Animals Come to the Capitol in Opposition to State Fair Bill - Wed. 1 PM
DENVER - Parents and 4-H/FFA children will travel to Denver from all corners of the state to oppose the State Fair Board of Commissioners' "premises registration" rule-making regarding livestock project animals at the 2008 Colorado State Fair. “Premises registration" does not provide improved food safety or the "48-hour disease traceback" that the U.S.D.A. and its various grant recipients have been touting. Many view "premises registration" as a property rights issue. Who: Representative Wes McKinley (D-Walsh) The Colorado Coalition Opposing Mandatory 4-H and FFA Premises Registration What: Colorado youth seeking change in State Fair discriminatory policy. They are currently forced by the State Fair to comply with a voluntary federal program as a condition of showing their project animals at the State Fair When: Wednesday, April 30, 2008, 1 PM Where: State Capitol, West side, Denver
Measure to limit fed land grabs sent to judicial panel

By CHARLES ASHBY
CHIEFTAIN DENVER BUREAU
DENVER - Rep. Wes McKinley was more than a little peeved on Friday when he tried to get one of his bills passed.

The Walsh Democrat has been working for months trying to get support for his measure that would remove the state's blanket permission to the federal government to acquire land in Colorado.

He even narrowed his HB1182 to apply only to eminent domain, requiring the government to seek Legislative approval first before trying to condemn land for such things as post offices, arsenals, courthouses or military bases.

But when he finally got it to the House floor, and lawmakers began to debate it, he saw a fellow Democrat, Rep. Terrance Carroll of Denver, ask that it be re-referred to a committee, the House Judiciary Committee that he chairs.

And even though McKinley asked for permission to debate that motion, Rep. Dorothy Butcher, D-Pueblo, who was chairing the House at the time, declined to let him do so, instead calling for a vote without discussion.

"I'm hard to see, I guess," McKinley said. "(Carroll) doesn't like the bill. . . . But he told me he wasn't going to oppose it."

So even though the measure passed the House State, Veterans and Military Affairs Committee on a unanimous 11-0 vote a month ago, McKinley has to wait again for Carroll's panel to review it.

Carroll said he asked to refer the measure back to committee because there are constitutional questions surrounding it.

"There are multiple amendments with multiple constitutional questions, and the committee most appropriate for addressing them is the judiciary committee," he said. "I don't like the bill, but as I told Representative McKinley, the bill's not going to the committee to necessarily die. We're just going to address these constitutional issues. There are significant constitutional issues regarding the supremacy clause and the use of federal eminent domain."

McKinley introduced the bill, in part, because of the U.S. Army's proposal to expand the Pinon Canyon Maneuver Site. Last year, he got a bill through the Legislature and signed by Gov. Bill Ritter that already removed that blanket permission to condemn land, but it applies only to the Pinon expansion.

Under this year's bill, McKinley is trying to take the matter one step further by removing that authority statewide.
REP. MCKINLEY EXPANDS PAIN TREATMENT OPTIONS

DENVER – The Governor signed a bill into law today to expand treatment options for livestock owners and caretakers. The legislation, sponsored by State Representative Wes McKinley (D-Walsh), is known as The Animal Massage Therapy Exemption Act.

The new legislation allows trained technicians to use soft tissue therapy on animals without the direct supervision of a veterinarian. Previously, the state required a vet’s presence, making deep-tissue therapy a cost-prohibitive treatment option for many ranchers and caretakers. This gives ranchers an effective pain management alternative to expensive pain medication.

“I am happy that now it is legal to have your horse massaged without paying a veterinarian to watch.”

Representative McKinley is a ranch owner and farmer from Southeastern Colorado, who knows first-hand the importance of giving livestock owners as many treatment possibilities for their animals as possible.

The bill goes into effect July 1, 2008.
Prowers Democrats announce County assembly results

Tuesday, March 18, 2008 10:26 AM MDT

LAMAR—Prowers County Democrats held their County Assembly and Convention Friday, March 14, combining it with a dinner at the Cow Palace in Lamar. Guest speakers included Wes McKinley, representative from House District 64, Betsy Markey, Congressional candidate for CD4 and John Stulp, currently the Commissioner of Agriculture. There was also an unexpected appearance by Gov. Bill Ritter, who dropped in after attending a banquet in Bent County earlier in the evening.

Another surprise, this one planned in advance by county party members, was the presentation of a plaque to Darrell Seufer, honoring him for his 16 years of service as a Prowers County Commissioner.

In the business portion of the meeting, candidates wishing to run for office spoke to the crowd and were voted on. Democratic candidates for this fall’s county election slate are John DuVall for County Commissioner, District 1; Chris Wilkinson for County Commissioner, District 3, and Debra Gunkel for District Attorney in the 15th Judicial District.

Following state Democratic Party rules, the official caucus delegates participated in a presidential preference poll. Nine delegates and seven alternates were then chosen to represent Prowers County at the State Democratic Convention and Assembly, to be held in Colorado Springs in May. The delegate split was 6 for Hillary Clinton and 3 for Barack Obama.
House passes bill making it a crime to threaten judges

By Tim Hoover

Created 03/13/2008 - 1:16pm

It would be a felony to threaten a judge in Colorado under a bill that passed the House today and which one lawmaker said treaded on free speech.

House Bill 1115, sponsored by Rep. Larry Liston, R-Colorado Springs, would make it a class 3 felony to make a threat "to cause fear of harm to the health or safety" of a judge or his or her family.

Liston said the bill was needed to deter people who have been aggrieved by a judge's decision from trying to retaliate against the judge.

But Rep. Wes McKinley, D-Walsh, said the bill was an attempt to police speech. McKinley asked whether teachers, police officers and even highway workers who get threats should be covered, too.

"What's next? The thought police?" McKinley asked.

Defenders of the bill said speech that harasses or intimidates isn't protected by the First Amendment.

The measure passed on a 59-6 vote and now goes to the Senate.

Also today, the House, on a 41-24 vote, passed a bill that would make it easier for new taxicab companies to start up in Denver. Proponents have argued the bill would break up a monopoly on taxi service held by three companies, while opponents said it would hurt service. The bill now goes to the Senate.

The House also gave initial approval to a bill that would pump up to $500 million into schools for construction needs in coming years. The money would come from a fund financed by land-use revenues that has grown dramatically in recent years. The House approved the measure on a voice vote and must OK it once more before it can go to the Senate.
Lawmakers unsure of drilling rules

By CHARLES ASHBY
CHIEFTAIN DENVER BUREAU
DENVER- For the second time this session, Colorado lawmakers concerned about new regulations on oil and gas development ordered the state commission that oversees the industry to report to them about its intentions.

Members of the House and Senate agriculture and energy committees asked leaders of the Colorado Oil and Gas Conservation Commission on Wednesday about the direction the group seemed to be heading in proposing new regulations that call for more protections for the environment from drilling.

Though the new regulations were mandated under laws approved by last year's Legislature, many of the same lawmakers who approved those laws are now questioning whether the commission is poised to overstep its authority and possibly drive the industry out of the state.

"I learned of one company that has 400 permits going, only 50 are going to be in Colorado because they're leaving the state," said Rep. Cory Gardner, R-Yuma. "One company has left Colorado completely. They're going to Kansas and Nebraska. Kansas can (issue a) permit in two weeks; Nebraska, one day. Colorado, over three months. Are these rules going to be used to reduce the number of permits?"

Harris Sherman, executive director of the Colorado Department of Natural Resources, of which the commission is a part, said there's no intention to stymie or shut down the oil and gas industry.

He said the rules are based entirely on a strict reading of the new laws, which call for considering impacts to wildlife and the environment before approving new oil and gas drilling.

The commission is expected to release the proposed new regulations later this month, and plans to hold a series of public hearings on them over the next few months.

"I do not believe these rules and regulations are going to drive industry out of the state of Colorado," Sherman said. "Quite to the contrary, almost every week we hear from companies who are planning to move to Colorado (that) they're very excited about moving to Colorado and they're making major investments in Colorado." Meanwhile, Rep. Wes McKinley, D-Walsh, and Sen. Bill Cadman, R-Colorado Springs, plan to introduce a resolution calling for a special "industry review panel" to be formed to study the economic impacts the proposed rules would have on the industry and consumers.

The two lawmakers said they fear the commission may be overstepping its authority, and that it plans to go further in protecting the surface at the expense of mineral rights.

"We want to know what the changes will do to energy prices and how it will affect landowners and mineral rights owners, and especially consumers in Colorado," Cadman said. "Representative McKinley and I share concerns over the anticipated rules changes and what they will do."

McKinley, who does part-time work as a well pumper, said the commission needs to make sure it doesn't place onerous requirements on the industry just for the sake of protecting things that don't need protecting, such as prairie dogs.

He said not allowing oil and gas companies to drill because it might disrupt prairie dogs is like telling homeowners they can't do anything about mice who move into their homes.

"While we do want to protect the wildlife, we do not want to harm any industry," he said. "We collect a lot of revenue from the oil and gas revenue, and we want to keep that revenue."

In January, McKinley, Gardner and a handful of other legislators sent a letter to Gov. Bill Ritter questioning the direction the commission was heading with its proposed rules.

The letter emphasized that the oil and gas industry in Colorado generates about $23 billion a year in economic development in the state and creates and maintains about 70,000 jobs here.

"The bottom line here is what these proposed regulations would do to energy prices, driving them higher and higher," Cadman said. "Our resolution pays special focus to how these increases will affect the most vulnerable consumers and low-income families in Colorado."
This week in the Legislature

By ED SEALOVER

February 24, 2008 - 4:30PM

The Colorado Springs Gazette

Legislator to know
Rep. Wes McKinley is the cowboy of the Capitol.

A rancher whose district encompassing six southeastern Colorado counties is one of the state’s largest, the Democrat can be spotted easily in the House as the only man wearing a cowboy hat and bandana around his neck. His political views also tend toward those of a maverick, as he’s known to break frequently from his party and push or back measures that sometimes get little support from either party.

McKinley grabbed the spotlight last year when he passed a bill removing Colorado’s standing permission to the federal government to take land for military use, a debate that centered on the Army’s proposed expansion of Fort Carson’s Pinon Canyon Maneuver Site. This week he returns with a more ambitious plan that would remove consent for the national government to condemn land for its use for any reason.
McKinley bill would require state's OK to condemn land

By CHARLES ASHBY
CHIEFTAIN DENVER BUREAU

DENVER - The U.S. government would lose blanket consent from the state to condemn land if it needs to build a post office, armory or expand a military base under a bill that won approval in a House committee Thursday.

Instead, the federal government would have to obtain legislative approval on a case-by-case basis, said Rep. Wes McKinley, D-Walsh, who introduced HB1182 partially in response to Southeastern Colorado landowners' continuing battle to bar the U.S. Army from expanding its Pinon Canyon Maneuver Site northeast of Trinidad.

"I think we're at the point where we realize that eminent domain's a little out of control," McKinley said. "Eminent domain is the public good, and when you see flyers like, ‘We've got to take this land because it's a billion-dollar boost,’ or ‘We're going to take you out of your home because Wal-Mart's paying more taxes,’ that's not the public good. That's why we're doing what we're doing with regards to property rights."

By eliminating the state law that gives the U.S. government its consent to acquire land through condemnation - something all states have done as a matter of course - the bill also removes a provision for whom the government would notify if it wants to erect a new federal building.

McKinley said he plans to rectify that when the bill reaches the House floor.

McKinley said he plans to introduce an amendment that more clearly defines whom the federal government would notify, and the exact procedure it would be required to go through to condemn the plan, including legislative approval, before any federal condemnation could take place.

Rep. Rafael Gallegos, D-Antonito and a member of the House State, Veterans and Military Affairs Committee, which unanimously approved the bill, said there is wide support for the idea, but it needs to include some procedure.

"We do need to bring back some of the language that is already there as far as the process by which the (federal) government and the state would work (in the process), which means if they're looking at land, the local county commissioners should be notified and they, in turn, would notify the Legislature," Gallegos said.

McKinley said the current law completely contradicts itself. He said the law states that the federal government should give notice to a local government of its intent to condemn land, but then goes on to state that when notice isn't given, the state has 60 days to request that condemnation be considered by the Colorado General Assembly.

"Now, if you're not going to give notice, how are you going to know when the 60 days is," he said. "This law has no meaning."

Last year, McKinley tried to get the Legislature to remove the law, but was forced to scale back his measure barring the Army from condemning land to expand the 238,000-acre Pinon training site by 414,000 acres. That law went into effect and McKinley's new bill doesn't disturb it.

This year, the Walsh lawmaker has more support to make sure that anytime the federal government wants to condemn land, the Legislature knows about it and approves it.

"The way the bill's written, they shall not acquire property without the consent of the Legislature," he said. "We're restoring a representative form of government, which is to protect life, liberty and property. Because of that, we're getting more support than we did the first time."

Previous
Legislature votes, broaden inspec. of fertilizer tanks

Posted: Monday, March 10, 2008 at 2:42 p.m.

DENVER (AP) -- Lawmakers have given final approval to a bill giving state agriculture officials the right to inspect large tanks of anhydrous ammonia that farmers use for fertilizer.

The House approved the measure on Monday. It now goes to the governor. Republican Rep. Jerry Sonnenberg of Sterling, the bill sponsor, says anhydrous ammonia is one of the most toxic chemicals used by farmers.

He says it can freeze the lungs if it leaks, and it's become a target for methamphetamine makers. Sonnenberg says the state already has the authority to inspect 500-gallon tanks. This bill expands the authority to tanks of up to 2,000 gallons.

Democratic Rep. Wes McKinley of Walsh says the bill is too broad.

(Copyright 2008 by The Associated Press. All Rights Reserved.)
Old West flavor at Capitol today

By Alan Gathright, Rocky Mountain News (Contact)

Originally published 09:11 a.m., March 5, 2008
Updated 09:31 a.m., March 5, 2008

The marble hallways of the Capitol are again twanging to the country tunes of Cowboy Wes and his guitar-picking sidekick Billy this morning as House staffers boot-scoot across the floor.

It’s the fifth annual morning cowboy song fest for Cowboy Wes -- AKA Rep. Wes McKinley, D-Walsh -- the House’s true Old West Colorado rancher.

McKinley was decked out in his white Resistol hat, blue neckerchief slide with silver “Wes” and cowboy boots as he and fellow troubadour Billy Whitfield warmed up the crowd before the House and Senate convened this morning.

The tradition began in 2004 when McKinley was first elected to the legislature, helping his fellow Democrats execute a surprise takeover of both the House and Senate.

“Billy and I marched onto the House floor singing ‘When the Saints Come Marching In,’ “ McKinley recalled. “Some were saying it was a little bit of a stretch of the House rules,” he dryly added.

This morning, the now 63-year-old Wes told the gathering crowd: “We’ve got a couple songs we always dedicate to CDOT,” referring to the state highway agency.

Then the cowboy duo cut into a “Detour” by famed country singer Duane Eddy - followed by “Forty Miles of Bad Road.”

“The only difference between Billy and Duane Eddy is Billy can play guitar better, but Duane Eddy made more money,” McKinley opined.

In true country-song fashion, Wes and Billy met because McKinley used to ride rural school bus -- and sing -- with the girl who became Billy’s wife.

McKinley was in for a surprise on the floor later. Fellow legislators and staffers waved cowboy hats and sang "Happy Birthday."
House OKs Cop-Wiretap Measure

A judge currently can allow 60 days of listening; the bill would extend that period.

By Tim Hoover
The Denver Post

Article Last Updated: 02/07/2008 01:18:57 AM MST

Law enforcement in Colorado could get wiretaps extended more easily under a bill that won House approval Wednesday over objections from some lawmakers that it might tread on civil liberties

Under current law, judges can grant orders allowing state and local police to conduct a wiretap for 30 days and then grant one 30-day extension.

The bill, sponsored by Rep. Stella Garza Hicks, R-Colorado Springs, would allow a judge to grant unlimited extensions.

Rep. Wes McKinley said the bill went too far.

"Let's not become a police state," the Democrat from Walsh said. "There's going to be a lot of innocent people wiretapped."

But Rep. Steve King, a Grand Junction Republican and former sheriff's investigator, said the bill would give police the necessary tools to investigate crime. They would still need a court order for a wiretap, he said.

"Drug dealers don't care about your rights," King said. "Fortunately, we have a judiciary that does care."

Rep. Morgan Carroll, D-Aurora, said the measure would take the state in a dangerous direction.

"Once this horse is out of the barn, we may not get it back in," she said.

Rep. Bob Gardner, R-Colorado Springs, said the bill would remove bureaucratic barriers when police need to monitor drug dealers and criminals using codes.

"This bill is about very sophisticated international crime syndicates operating in the state of Colorado," Gardner said. "I believe it is a reasonable way to combat crime and protect our children."

Lawmakers passed the bill on a 43-20 vote, with all opposing votes coming from Democrats.

The measure now moves to the Senate.

Tim Hoover: 303-954-1626 or thoover@denverpost.com
Legislative Session 2008: Keeping Our Culture, Heritage, and Lifestyle Intact
With the arrival of 2008, my Democratic colleagues and I in the General Assembly will convene in Denver with a job to do - to improve the quality of life for Coloradoans.

We will build on our successes from 2007, when we worked closely with Governor Bill Ritter to boost Colorado's renewable energy economy and to expand pre-school and kindergarten programs for our kids.

While I am proud of our work last year, there is still much left to do. In 2008, I will work every day with three goals in mind: to help

you and your kids have access to quality, affordable healthcare; to make sure our children get the education they need to meet their potential; and to help Colorado attract the best, high-paying jobs that

the 21st century has to offer.

• Access to quality, affordable healthcare

This legislative session I’m committed to expanding access to health care; limiting the financial burden placed on individuals, families and employers; and putting a premium on personal responsibility and

prevention. I will work to hold insurance companies accountable for their rates and make sure that hospital charges are clear and transparent.

• Educating Colorado’s children

I am committed to removing obstacles that prevent students from receiving a meaningful education that allows them to pursue their passions and opportunities and matches the demands of the 21st century.

I also plan to redirect money to programs we know work, to keep kids in school.

There is no more important time in a child’s education than the earliest years. Along with Governor Ritter, we plan to give our kids a

smart start by making early childhood education available to every four- and five-year-old in the state.

Excellent teachers inspire and enable children to succeed. We will pass legislation to help schools to recruit, train and retain the very best teachers in America. Every child deserves a top-flight teacher.

Finally, you can't teach or learn effectively in a school building that's falling down. Unfortunately, that’s literally what’s happening all over Colorado. Every child deserves a safe, healthy place to go to

school and we’re going to make sure that is what they get. The Building Excellent Schools Today – or BEST – program will leverage $1 billion to repair and rebuild crumbling schools without raising taxes.

• Energizing our economy. Colorado is part of an increasingly global economy. We don’t just compete with Wyoming and Utah to attract jobs, but with China and India too. Recognizing these new challenges, my colleagues and I are working with Governor Bill Ritter on a two-fold strategy to energize our

economy and attract good 21st century jobs to our state. We will slice through the red tape that hurts Colorado businesses and continue investing in growing industries like bioscience and renewable energy.

If you’re a small business owner, you have enough to worry about without an overly complicated tax code. I will co-sponsor legislation that gives over 30,000 small businesses much-needed tax relief by

raising the business personal property tax exemption from $2,500 to $7,000. We will also streamline the tax code so business owners pay taxes based on sales only, instead of navigating a complicated formula.

We will continue to nourish start-up companies statewide, working together with our universities to help move innovative ideas out of the laboratory and into the marketplace. Our plan is working: the emerging bioscience industry is already bringing new jobs to the state with an average salary of $63,200.

In order to help the state and the nation achieve energy independence, we will continue investing in new technologies to tap Colorado’s renewable energy potential – like solar power plants and wind turbines. Is this going to be a tough session? You bet! But I am ready to take on the tough fight for your healthcare, your children’s education, your economy – for our Colorado.

Controversial State Fair Mandatory Premise ID Challenged by Legislator

- Friday, February 8, 2008 11:03 AM MST, Tribune Democrat

DENVER - A Colorado legislator has introduced legislation aimed at ending the controversial argument about State Fair entry requirements once and for all.

State Representative Wes McKinley (D-64) this month introduced HB-08-1129, legislation which "Prohibits the board of commissioners and the manager of the Colorado State Fair authority from promulgating a rule, or enforcing a policy or practice that requires an exhibitor showing an animal at the Colorado State Fair and Industrial Exposition to participate in the National Animal Identification Program."

McKinley says his bill "Keeps the State Fair Board from promoting a federal agenda," adding the legislation also aims to protect the rights of citizens from what he is calling government interference.

"We're in favor of McKinley's bill," Rocky Mountain Farmers Union president, Kent Peppler tells the Ag Journal this week. "There's too many things that are unknown about this program and we're working very closely with (Colorado's ag commissioner John Stulp) to try and seek some type of resolution on it."

Peppler agrees with McKinley assessment regarding the State Fair premise i.d. issue, as being an inner-family fight that's putting Colorado's 4H and FFA kids in the middle.

"Representative McKin-ley's legislation would prohibit the Fair Board from requiring mandatory premises registration, one part of the National Animal Identifica-tion System," notes Chris Wiseman, general manager of the Colorado State Fair.

"We oppose the bill because the Colorado Depart-ment of Agriculture believes strongly in the importance of animal disease prevention and control. And premise registration is an important component to both," Wiseman says.

The legislation was recently heard by members of Colorado's House Agricul-ture, Livestock and Natural Resources Committee. Mc-Kinley serves as a member of the committee, where the bill passed with a vote of - 8-4.

Since last year, the Board of Commissioners for the Colorado State Fair has required that participants in animal showings during the event be registered in the Livestock Premise Identifica-tion system, which is part of the National Animal Iden-tification System (NAIS.)

The United States Depart-ment of Agriculture says the intent of the NAIS program, which so far has remained free and voluntary, is to quickly establish and contain points of animal disease outbreaks before they spread.

The system is based on the registration of all livestock and where they are kept, held and transported to and from. However, many producers have argued that such a program is far too intrusive into their lives and their operations, and further argue that such mandates apply undue cost and man-hours, especially hurting smaller, independent and family operations.

However, the board's decision has come under fire since being enforced last year. "There are a lot of my constituents who just bristle at the thought of having to register themselves and their operation with the federal government," says Colorado State Senator Greg Brophy, the senatorial sponsor of McKinley's legislation.

"Animal exhibitions, such as fairs, rodeos and shows, are a potential disease amplification point," stresses Wiseman. "The State Fair draws many livestock species, as well as hobby animals, such as birds, from all over the state. Many of these animals then return to their location of origin, or are purchased and are taken elsewhere."

"In the event that the animal came in contact with another diseased animal, prompt notification would be necessary to contain a larger disease outbreak," Wiseman says, defending the State Fair Board's position on required registration.

"The State Fair's mission includes education and demonstration projects. Animal disease prevention and control is a critical component of 4-H and FFA livestock projects," continues Wiseman. "It's our opinion that learning about the role that premise registration can play in modern livestock production is important."

Peppler says at the conclusion of last year's Colorado State Fair run, the Rocky Mountain Farmers Union office in Greenwood Village, was inundated with phone calls regarding the policy.

"We have some really strong feelings within our organization of where we need to be on this issue," says Peppler, about the members of his organization opposing the requirement.

"There was a slight decrease in show entries," states Wiseman, regarding last year's State Fair animal showing entries. "However, only three exhibitors stated their reason for non-participation was due to the requirement."

Wiseman says there were 4,383 entries during the 2007 run of the Colorado State Fair, down from 4,456 in 2006. However, he also notes that there were slight decreases in showings at county fairs across the state during the 2007 season, as well.

"The State Fair Board is promoting the Colorado Department of Agriculture's (CDA) agenda," states Wiseman. "That is, the Fair Board is adopting the latest tool available to prevent and manage communicable animal diseases. The CDA strongly supports premise identification, and we are pleased that the Fair Board shares our commitment to this important segment of our agricultural community."

However, John Heller, the Colorado Animal Identifica-tion Coordinator with the Colorado Department of Agriculture, told the Ag Journal during an interview last summer that his department applied no pressure to the State Fair or its board to adopt or mandate such policies.

"The requirement has been put out by 4-H and FFA, and those are private organizations, essentially," Heller stated. "The Colorado State Fair, even though it's administered by the Colorado Department of Agriculture, has a State Fair Board that makes decisions on rules and regulations.

"In both cases, despite what a considerable amount of people want to insinuate and suggest, we have not strong-armed, or forced, or even asked these groups to make that decision.

"They feel and understand the program and see its value in terms of helping out with animal health," Heller says. "And they feel that their participants in the organization and exhibitions need to comply with a certain rule and standard," Heller told us last summer.

Indiana requires such registration at its State Fair, as well as at all county fairs. The only other states to require premise identification registration for state fair entries are Wisconsin and Minnesota.

McKinley's legislation, having successfully moved out of committee, now begins its journey through the floors of the General Assembly.

"We intend to make the legislature very familiar with our position on premise registration as an important tool to protect the Colorado livestock industry," Wiseman states. "Our belief is that with the knowledge of the benefits of premise registration, the legislature will let the authorities of the Fair Board remain intact, and permit it to require premise registration as it deems appropriate."

Wiseman says last year's attendance during the run of the Colorado State Fair, located in Pueblo, totaled 485,035.

Rep. McKinley Call on Senators Allard and Salazar to Oppose Pinon Canyon Expansion

WALSH, CO – State Representative Wes McKinley (D-Walsh) today spoke out in his typically straight-shooting manner, calling upon both of Colorado’s U. S. Senators to bring a halt to the proposed expansion of the Pinon Canyon Maneuver Site in the southeast part of the state. The proposal would add 414,000 acres to the existing 238,000 – an area entirely within McKinley’s House District 64, east of Trinidad and Colorado Springs, east and south to the state border.

A week ago, the U.S. House passed an anti-Pinon Canyon amendment by a vote of 383-34. Yesterday, Senator Allard said he was undecided and Senator Salazar said that he would “…oppose the expansion unless it provides significant economic benefits to southeastern Colorado.”

State Rep. McKinley responded:

“The U.S. Constitution prohibits the government from seizing our property. The constitution does not guarantee ‘significant economic benefits’. Besides, you know who’ll get those benefits? Pentagon contractors from Halliburton, not workers from Hoehne. I want our U.S. Senators to support the constitution, not contractors.

“Senators, please protect what’s important to all Coloradans, especially to those of us here in the southeast: our family-owned land. Listen to the people, not the Pentagon profiteers.

“Senators, in the name of property rights, for the sake of our families, we urge you to keep the House language in the military construction bill that blocks the Pinon Canyon expansion and to protect the Colorado ranches that have been passed down from generation-to-generation.”

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Rep. McKinley Expresses Support for Agricultural Workers Proposal

WALSH, CO – State Representative Wes McKinley (D-Walsh) expressed support today for a “guest worker” proposal put forward by fellow Southern Colorado legislators Rep. Marsha Looper (R-Calhan) and Senator Abel Tapia (D-Pueblo).

Sen. Tapia and Rep. Looper want to work out a deal with Mexico to streamline the process for obtaining agricultural worker visas using an existing federal guest worker program called H-2A. The proposal could be introduced in the next legislative session beginning in January 2008.

Rep. McKinley said, “I’d like to see a system that makes it legal to do honest work. If we can get more legal workers to this country, and we know they are playing by the rules, I think the farmers of Southern Colorado would appreciate that."

"We sure need to cut through all this red-tape and delay," Rep. McKinley continued. “We’ve just got to help our farmers who can’t find enough laborers to work their fields and harvest their crops.”

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Rep. McKinley Advocates for Animal Owners Choice

DENVER - According to the State House of Representatives, farmers, ranchers and pet owners should be able to choose appropriate medical care for their animals. House Bill 1296, sponsored by State Representative Wes McKinley (D-Walsh) received initial approval today.

Alternatives to traditional veterinary care -- such as massage or holistic treatments -- are increasingly popular because they can be less expensive and, some say, as effective as traditional care. Rep. McKinley’s proposal allows non-veterinarians to treat, care for, train or assist an animal, if the person complies with the state’s animal protection laws and does not perform surgery or prescribe drugs.

“My bill will give owners the right to choose alternative health practices and alternative animal husbandry,” said Rep. McKinley. “Under the current Colorado Veterinarian Act, an owner or employee can perform routine animal husbandry practices, things like castrating a bull -- or dehorning -- which is pretty invasive surgery. Yet under that same Act, a massage therapist cannot massage your dog or your horse, or do acupressure, or herbal therapy, without a licensed veterinarian being present.
“So this bill gives you the owner the right to hire an agent to perform alternative animal husbandry practices on your animal. It does not mean in any way that it’s going to replace the veterinarian medicine. Truly, we are moving away from micromanaging people’s lives and animal’s lives. We’re going to give you choices and let you take responsibility.”

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