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H_SA_2016A 04/18/2016 01:33:59 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/18/2016
ATTENDANCE
Time: 01:33 PM to 04:35 PM
Foote
X
Humphrey
X
Place: LSB A
Leonard
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tyler
X
Wist
*
This Report was prepared by
Lontine
X
Julia Jackson
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-021

SB16-160

SB16-041

SB16-100

HB16-1400

HB16-1442

SB16-062
Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to Appropriations





01:34 PM -- SB16-021



Representatives Mitsch Bush and K. Becker, co-prime sponsors, presented Senate Bill 16-021 to the committee. The reengrossed bill designates a yearly "Public Lands Day" on the third Saturday of May and allows appropriate observance by the public and public schools in the state. The bill requires the Governor to issue a yearly proclamation calling for the celebration of Public Lands Day.



01:39 PM --
Russell Bassett, representing Patriot Anglers, testified in support of the bill.



01:43 PM --
Mary Marchun, representing Vail Resorts, testified in support of the bill.



01:45 PM --
Tyler Baskfield, representing Trout Unlimited, testified in support of the bill.



01:47 PM --
Steve Bonowski, representing Conservatives for Responsible Stewardship, testified in support of the bill.



01:49 PM --
Scott Braden, representing Conservation Colorado, testified in support of the bill.

























01:51 PM



Representatives Mitsch Bush and K. Becker presented amendment L.010 (Attachment A). Committee discussion ensued.



16HouseState0418AttachA.pdf16HouseState0418AttachA.pdf

BILL: SB16-021
TIME: 01:58:43 PM
MOVED: Lontine
MOTION: Adopt amendment L.010 (Attachment A) to Senate Bill 16-021. The motion passed on a vote of 5-4.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



















































01:59 PM



Representatives Mitsch Bush and K. Becker wrapped up their presentation of the bill.

BILL: SB16-021
TIME: 02:00:35 PM
MOVED: Lontine
MOTION: Refer Senate Bill 16-021, as amended, to the Committee of the Whole. The motion passed on a vote of 5-4.
SECONDED: Primavera
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:01 PM -- SB16-160



Representative Lundeen, sponsor, presented Senate Bill 16-160 to the committee. This bill clarifies that the state possesses the jurisdictional right to take action on Bureau of Land Management (BLM) or U.S. Forest Service (USFS) lands where the federal government has not reserved exclusive jurisdiction. Action can be taken by the state on its own behalf or on the behalf of a political subdivision such as a local government when conditions adversely affect or pose a clear imminent danger to the life, public health, and safety of residents.



Committee members discussed the bill with Representative Lundeen.



02:08 PM --
Steve Bonowski, representing Conservatives for Responsible Stewardship, testified against the bill and responded to committee member questions.



02:14 PM --
Jerald Schnabel, representing the Transit Mix quarry, testified in support of the bill and responded to committee member questions.



02:20 PM --
Tyler Baskfield, representing Trout Unlimited, testified against the bill and responded to committee member questions.





















02:27 PM --
Jim Beicker, Fremont County Sheriff representing the County Sheriffs of Colorado, testified in support of the bill and responded to committee member questions.



02:43 PM --
Pete Blume, representing himself, testified against the bill and responded to committee member questions.



02:51 PM --
Representative Lundeen read a letter from Brandon Siegfried, representing the Public Lands Access Association, in support of the bill (Attachment B).



16HouseState0418AttachB.pdf16HouseState0418AttachB.pdf



02:54 PM --
Fred Cheever, representing himself, testified against the bill and responded to committee member questions.



03:02 PM --
Scott Braden, representing Conservation Colorado, testified against the bill.





03:06 PM



Representative Lundeen wrapped up his presentation of the bill.



Committee members commented on the bill.

BILL: SB16-160
TIME: 03:14:00 PM
MOVED: Humphrey
MOTION: Refer Senate Bill 16-160 to the Committee of the Whole. The motion failed on a vote of 4-5.
SECONDED: Neville P.
VOTE
Foote
No
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
No
Tyler
No
Wist
Yes
Lontine
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL












BILL: SB16-160
TIME: 03:15:21 PM
MOVED: Lontine
MOTION: Postpone Senate Bill 16-160 indefinitely. The motion passed on a vote of 5-4.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:16 PM -- SB16-041



Representative Pabon, sponsor, presented Senate Bill 16-041 to the committee. Under current law, the Division of Criminal Justice (division) within the Department of Public Safety (CDPS) is required to gather data and conduct or contract for a study of law enforcement's activity and costs related to section 16 of article XVIII of the state constitution, the personal use and regulation of marijuana, over the two-year period beginning January 1, 2006, and over the two-year period beginning January 1, 2014. This bill repeals the section of statute that requires the study to examine law enforcement costs related to the implementation of section 16 and repeals the requirement that the study contain information concerning marijuana-initiated contacts by law enforcement, broken down by judicial district and by race and ethnicity.



Representative Pabon also discussed amendment L.002 (Attachment C).



16HouseState0418AttachC.pdf16HouseState0418AttachC.pdf



03:19 PM --
Jana Locke and Kim English, representing CDPS, testified in support of the bill and amendment L.002.



03:20 PM --
Shaun Coleman, representing the Drug Policy Alliance, testified on the bill.





























03:21 PM



Committee members discussed amendment L.002 with Representative Pabon.

BILL: SB16-041
TIME: 03:22:55 PM
MOVED: Lontine
MOTION: Adopt amendment L.002 (Attachment C) to Senate Bill 16-041. The motion passed on a vote of 5-4.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





























































03:23 PM



Representative Pabon wrapped up his presentation of the bill.

BILL: SB16-041
TIME: 03:23:51 PM
MOVED: Lontine
MOTION: Refer Senate Bill 16-041, as amended, to the Committee of the Whole. The motion passed on a vote of 6-3.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
Yes
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:24 PM -- SB16-100



Representative Pabon, sponsor, presented Senate Bill 16-100 to the committee. As amended by the Senate Transportation Committee, this bill requires a county to notify municipalities in the county of its intent to potentially reduce the county road and bridge fund mill levy by October 15 of each year. It also directs the Transportation Legislation Review Committee to study the process of reducing the road and bridge fund mill levy and proposals to resolve issues related to the process during the 2016 interim.



Committee members discussed the bill with Representative Pabon.



03:29 PM --
Kevin Bommer, representing the Colorado Municipal League, testified in support of the bill and responded to committee member questions.



03:33 PM --
Gini Pingenot, representing Colorado Counties, Inc., testified against the bill and provided a packet of information (Attachment D).



16HouseState0418AttachD.pdf16HouseState0418AttachD.pdf



















03:40 PM



Representative Pabon wrapped up his presentation of the bill. He requested that the bill be laid over to June 21, 2016.

BILL: SB16-100
TIME: 03:41:58 PM
MOVED: Lontine
MOTION: Lay over Senate Bill 16-100 to June 21, 2016. The motion has the effect of postponing the bill indefinitely. The motion passed on a vote of 9-0.
SECONDED: Neville P.
VOTE
Foote
Yes
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
Yes
Tyler
Yes
Wist
Yes
Lontine
Yes
Ryden
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:43 PM -- HB16-1400



Representative Ryden, sponsor, presented House Bill 16-1400 to the committee. The bill prohibits an homeowners' association (HOA), its board of directors, manager, unit owner, or a person acting on behalf of an HOA or unit owner from retaliating against another unit owner who reports or files a compliant, or cooperates with an investigation of a complaint about a violation of state law or HOA bylaws. The bill allows a unit owner to bring a civil action alleging a violation of the law once the parties have followed the HOA's dispute resolution policy. If the HOA policy does not require parties to meet in good faith to try resolve the dispute, then parties must meet before following the policy.



03:46 PM --
Ted Leighty, representing the Colorado Realtors' Association, testified against the bill and responded to committee member questions.

































03:49 PM



Representative Ryden responded to committee member questions and wrapped up her presentation of the bill.



Committee members commented on the bill.

BILL: HB16-1400
TIME: 03:52:54 PM
MOVED: Ryden
MOTION: Refer House Bill 16-1400 to the Committee of the Whole. The motion passed on a vote of 5-4.
SECONDED: Primavera
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:53 PM -- HB16-1442



Representative Ryden, sponsor, presented House Bill 16-1442 to the committee. This bill makes various updates to the Colorado Local Government Election Code, which governs nonpartisan special district elections that are not coordinated by a county clerk.



03:55 PM --
Evan Goulding, representing the Special Districts Association, testified in support of the bill.





































03:59 PM



Representative Ryden wrapped up her presentation of the bill.

BILL: HB16-1442
TIME: 04:00:34 PM
MOVED: Ryden
MOTION: Refer House Bill 16-1442 to the Committee of the Whole. The motion passed on a vote of 9-0.
SECONDED: Primavera
VOTE
Foote
Yes
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
Yes
Tyler
Yes
Wist
Yes
Lontine
Yes
Ryden
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:01 PM



The committee recessed.





















































04:08 PM -- SB16-062



The committee reconvened.



Representatives J. Becker and Vigil, co-prime sponsors, presented Senate Bill 16-062 to the committee. This bill, as amended by the Senate Agriculture, Natural Resources, and Energy Committee, adds two members to the Governor-appointed Colorado Board of Pharmacy (board): a licensed veterinarian who predominantly works on large animals, and a licensed pharmaceutical wholesaler engaged in the distribution of animal drugs. The bill prohibits the board from regulating the sale of disposable veterinary devices, and allows the board to exempt from regulation veterinary devices that are regulated by the federal Food and Drug Administration and other devices for which the board determines regulation is unnecessary. The bill also creates a reduced civil penalty of $50 to $500 for a single violation, and a maximum of $5,000 for multiple violations, for persons who unlawfully distribute a veterinary drug. Before issuing a fine, the board must provide notice to the registrant and a hearing opportunity. The board must also consider the registrant's ability to pay the fine and waive the fine if it would cause the registrant undue hardship.



Representative J. Becker described amendments L.007, L.009, and L.010 (Attachments E, F, and G). Committee members discussed the bill and amendments with the sponsors.



16HouseState0418AttachE.pdf16HouseState0418AttachE.pdf 16HouseState0418AttachF.pdf16HouseState0418AttachF.pdf



16HouseState0418AttachG.pdf16HouseState0418AttachG.pdf



04:17 PM --
Bill DeMoss, representing Mountain Vet Supply, testified in support of the bill and responded to committee member questions.



04:23 PM --
Emily Ibach, representing the Colorado Farm Bureau, testified in support of the bill and responded to committee member questions.















































04:27 PM



Representative J. Becker further discussed the amendments.

BILL: SB16-062
TIME: 04:28:08 PM
MOVED: Neville P.
MOTION: Adopt amendment L.009 (Attachment F) to Senate Bill 16-062. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




















































BILL: SB16-062
TIME: 04:28:25 PM
MOVED: Humphrey
MOTION: Adopt amendment L.007 (Attachment E), as amended by L.009 (Attachment F), to Senate Bill 16-062. The motion passed without objection.
SECONDED: Neville P.
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-062
TIME: 04:28:55 PM
MOVED: Neville P.
MOTION: Adopt amendment L.010 (Attachment G) to Senate Bill 16-062. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

























04:30 PM



Representatives J. Becker and Vigil wrapped up their presentation of the bill.

BILL: SB16-062
TIME: 04:33:22 PM
MOVED: Neville P.
MOTION: Refer Senate Bill 16-062, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED: Humphrey
VOTE
Foote
Yes
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
Yes
Tyler
Yes
Wist
Yes
Lontine
Yes
Ryden
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:35 PM



The committee adjourned.


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