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H_HIE_2016A 04/14/2016 01:34:13 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date: 04/14/2016
ATTENDANCE
Time: 01:34 PM to 08:21 PM
Brown
X
Buckner
X
Place: HCR 0107
Esgar
X
Humphrey
X
This Meeting was called to order by
Joshi
X
Representative McCann
Klingenschmitt
X
Landgraf
X
This Report was prepared by
Lontine
X
Amanda King
Primavera
X
Ransom
X
Ryden
*
Ginal
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1341

HB16-1374
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





01:36 PM -- HB 16-1341



Representative Ginal and Representative McCann, co-prime bill sponsors, presented House Bill 16-1341. Representative Ginal distributed two handouts (Attachments A and B). She referenced amendment L.001 (Attachment C).



160414 AttachA.pdf160414 AttachA.pdf160414 AttachB.pdf160414 AttachB.pdf160414 AttachC.pdf160414 AttachC.pdf



House Bill 16-1341 prohibits the sale or purchase of any covered animal species part or product with certain exceptions. Covered animals include elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays.



A first conviction is an unclassified misdemeanor subject to a fine of $3,000 to $5,000, or an amount equal to twice the total value of the animal species part or product involved in the offense, whichever is greater. A second or subsequent conviction is an unclassified felony subject to a fine of $5,000 to $25,000, or an amount equal to three times the total value of the covered animal species part or product involved in the offense, whichever is greater. Upon conviction, the covered animal species part or product involved in the offense is forfeited, the value assessed for determining the penalty, and destroyed or donated to an educational or scientific institution. The person or entity convicted is required to pay the costs of prosecution in addition to the fines imposed.











A person or entity has an affirmative defense if the animal species part or product is:

      • a fixed component of an antique product under certain circumstances;
      • in compliance with all federal laws regulating the covered animal species part or product;
      • transferred through inheritance;
      • a fixed component of a gun or knife under certain circumstances;
      • part of a musical instrument under certain circumstances;
      • expressly authorized by federal law or permit; or
      • bought or sold by a law enforcement official operating in an official capacity.



Wildlife officers in Colorado Parks and Wildlife in the Department of Natural Resources are required to enforce the provisions of the bill and may be assisted by other peace officers. The bill also requires a court to award the costs of prosecution and fines in favor of the state, prosecuting attorney or local law enforcement agency.



01:45 PM



Representative McCann and Representative Ginal answered questions from the committee.



02:00 PM --
Jay Tutchton, Defenders of Wildlife, testified in support of the bill. Mr. Tutchton answered questions from the committee.



02:20 PM --
Dr. Roberta Mancuso, Girl Scout Troop 4646, testified in support of the bill.



02:21 PM --
Maribel Brannan, Girl Scout Troop 4646, testified in support of the bill.



02:23 PM --
Clair Kozin, Girl Scout Troop 4646, testified in support of the bill.



02:24 PM



Ms. Brannan answered questions from the committee.



02:26 PM --
DeAnn Gehring, representing herself, testified in support of the bill.



02:27 PM --
Xander Browning, representing himself, testified in support of the bill.



02:29 PM --
Bryson Browning, representing himself, testified in support of the bill.



02:30 PM --
Riley Kessler, representing herself, testified in support of the bill.



02:31 PM --
Stella Gehring, representing herself, testified in support of the bill.



02:31 PM



Mr. Browning answered questions from the committee.



02:33 PM



Caroline Lacey, representing herself, testified in support of the bill.



02:35 PM --
James Burton, representing himself, testified in support of the bill. Mr. Burton answered questions from the committee.









02:42 PM --
Robin Tutchton, Eco-Action Club Cherry Creek High School, testified in support of the bill.



02:45 PM --
Caitlin Grant, representing herself, testified in support of the bill.



02:49 PM --
Aubyn Royall, Humane Society of the United States Colorado, testified in support of the bill.



02:51 PM --
Jacqueline Russell, Wildlife Direct, testified in support of the bill.



03:00 PM --
Dr. Janet Rumfelt, Ivory Free Colorado, testified in support of the bill.



03:04 PM --
Steve Schreiner, Firearms Coalition of Colorado, testified in opposition to the bill.



03:06 PM



Representative McCann and Mr. Schreiner answered questions from the committee.



03:13 PM --
Suzanne O'Neill, Colorado Wildlife Federation, testified in opposition to the bill. Ms. O'Neill answered questions from the committee.



03:17 PM



Representative Primavera referenced amendment L.002 (Attachment D).



160414 AttachD.pdf160414 AttachD.pdf



03:18 PM



Ms. O'Neill answered additional questions from the committee.



03:19 PM --
Madalyn Crowley, Colorado Bowhunters Association, testified in opposition to the bill.



03:22 PM



Mr. Schreiner returned to the table to answer additional questions from the committee.



03:27 PM



Mr. Tunchton returned to the table to answer additional questions from the committee.



03:37 PM --
Denny Behrens, Big Game Forever, testified in opposition to the bill.



03:40 PM --
Rev. Roland Halpern, representing himself, testified in support of the bill. Rev. Halpern answered questions from the committee.



03:45 PM --
Kristal Parks, Pachyderm Power!, testified in support of the bill.



03:49 PM --
Hank Lacey, representing himself, testified in support of the bill.









03:56 PM --
Bob Broscheid, Colorado Division of Parks and Wildlife, testified on the bill.



04:01 PM --
Elisabeth Cortese, representing herself, testified on the bill. Ms. Cortese answered questions from the committee.



04:11 PM



Representative McCann answered questions from the committee.



04:13 PM --
Candace Crespi, representing herself, testified in support of the bill. She provided a handout (Attachment E) to the committee.



160414 AttachE.pdf160414 AttachE.pdf



04:19 PM



Representative Ginal explained amendment L.001 and answered questions from the committee.



04:21 PM



Jane Ritter, Office of Legislative Legal Services, answered questions from the committee.

BILL: HB16-1341
TIME: 04:23:56 PM
MOVED: Ginal
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED: McCann
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















04:24 PM



Representative Ginal explained amendment L.002. Representative Ginal and Representative McCann answered questions from the committee.



04:26 PM



Clare Pramuk, Legislative Council Staff, answered questions from the committee. Committee discussion about amendment L.002 occurred.

BILL: HB16-1341
TIME: 04:28:45 PM
MOVED: Ginal
MOTION: Adopt amendment L.002 (Attachment D). The motion failed on a vote of 4-9.
SECONDED: McCann
VOTE
Brown
No
Buckner
No
Esgar
No
Humphrey
No
Joshi
No
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
No
Ryden
No
Ginal
Yes
McCann
Yes
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL





04:31 PM



Representative Klingenschmitt explained amendment L.003 (Attachment F). Committee discussion about amendment L.003 ensued.



160414 AttachF.pdf160414 AttachF.pdf

BILL: HB16-1341
TIME: 04:41:14 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.003 (Attachment F). The motion failed on a vote of 6-7.
SECONDED: Landgraf
VOTE
Brown
Yes
Buckner
No
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



04:43 PM



Representative McCann and Representative Ginal made closing remarks about the bill.





04:47 PM



Committee members made comments about the bill.

BILL: HB16-1341
TIME: 04:57:47 PM
MOVED: McCann
MOTION: Refer House Bill 16-1341, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Ginal
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:59 PM



Committee recessed.



05:11 PM -- HB 16-1374



Representative Ginal called the committee back to order. Representative McCann, bill sponsor, presented House Bill 16-1374. The bill requires freestanding emergency rooms to post notices throughout the facility indicating that the facility is a freestanding emergency room that provides emergency services to treat emergency medical conditions and that it is not an urgent care center or primary care provider. In addition, the bill requires freestanding emergency rooms to provide a written disclosure and explain its contents to patients following an initial examination that determines that the patient does not have an emergency medical condition.



This disclosure must include information about rates and fees, insurance network participation, billing by attending physicians and the facility, and the patient's ability to confer with his or her primary care physician or other primary care provider. The freestanding emergency room must obtain the patient's signature on the disclosure, provide the patient a copy, and maintain the disclosure in the patient's medical record. For the purposes of this bill, "freestanding emergency room" is defined as a licensed facility that provides emergency services in a facility, charges a facility fee, and is not attached to a hospital.













Representative McCann distributed a preamended version of the bill (Attachment G) and amendments L.001 and L.002 (Attachments H and I).



160414 AttachG.pdf160414 AttachG.pdf160414 AttachH.pdf160414 AttachH.pdf160414 AttachI.pdf160414 AttachI.pdf



05:18 PM



Representative McCann answered questions from the committee.



05:21 PM --
Richard Marshall, representing himself, testified in support of the bill. Mr. Marshall answered questions from the committee.



05:32 PM --
Dr. Nicole Dorotik, representing herself, testified in support of the bill. Dr. Dorotik answered questions for the committee.



05:42 PM --
Caitlin Westerson, Colorado Consumer Health Initiative, testified in support of the bill. Ms. Westerson read a statement from Susie Martell.



05:47 PM --
Mike Dougherty, Colorado Higher Education Insurance Benefit Alliance Trust, testified on the bill.



05:52 PM



Representative McCann answered a question from the committee.



05:52 PM --
Jean Houston, Academy District 20, testified on the bill. Ms. Houston answered questions from the committee.



06:00 PM --
Tucker Anderson, Neighbors Health System, testified in opposition to the bill. Mr. Anderson answered questions from the committee.



06:36 PM --
Michele Moreau, representing herself, testified in a neutral capacity on the bill. Ms. Moreau answered questions from the committee.



06:49 PM --
Dr. David Friedenson, American College of Emergency Physicians and Colorado Medical Society, testified in opposition to the bill. Dr. Friedenson answered questions from the committee.



07:10 PM --
Dr. Nicholas McLain, National Association of Freestanding Emergency Centers, testified in opposition to the bill. Dr. McLain answered questions from the committee.



07:14 PM --
Sara Orrange, Colorado Association of Health Plans, testified in a neutral capacity. Ms. Orrange answered questions from the committee.



07:21 PM --
Katherine Mulready, Colorado Hospital Association, testified in opposition to the bill. She provided two handouts (Attachments J and K) to the committee.



160414 AttachJ.pdf160414 AttachJ.pdf160414 AttachK.pdf160414 AttachK.pdf







07:25 PM --
Ann McCullough, Colorado Hospital Association, testified in opposition to the bill. Ms. McCullough answered questions from the committee.



07:33 PM



Ms. Mulready and Ms. McCullough answered questions from the committee.



07:51 PM



Representative McCann explained amendments L.001 and L.002. She answered questions from the committee.

BILL: HB16-1374
TIME: 07:56:32 PM
MOVED: McCann
MOTION: Adopt amendment L.002 (Attachment I). The motion passed without objection.
SECONDED: Ginal
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





07:57 PM



Representative McCann further explained amendment L.001. Representative McCann answered questions from the committee.

BILL: HB16-1374
TIME: 08:04:18 PM
MOVED: McCann
MOTION: Adopt amendment L.001 (Attachment H). The motion passed on a vote of 7-6.
SECONDED: Ginal
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





08:06 PM



Representative McCann made concluding remarks about the bill. Committee members made remarks about the bill.

BILL: HB16-1374
TIME: 08:20:13 PM
MOVED: McCann
MOTION: Refer House Bill 16-1374, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Lontine
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



08:21 PM



The committee adjourned.


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