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S_SA_2016A 04/27/2016 01:31:30 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/27/2016
ATTENDANCE
Time: 01:31 PM to 06:54 PM
Hill
*
Jones
X
Place: SCR 356
Ulibarri
*
Sonnenberg
X
This Meeting was called to order by
Scott
X
Senator Scott
This Report was prepared by
Vanessa Conway
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1399

HB16-1357

HB16-1266

HB16-1050

HB16-1078

HB16-1273

HB16-1300

HB16-1293
Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely





01:31 PM -- HB16-1399



Senator Newell presented House Bill 16-1399 to the committee and presented a handout (Attachment A). The bill prohibits providers of worker's compensation insurance from denying a claim for mental impairment benefits based solely on the occupation of the worker. The bill requires that each claimant be evaluated by a Colorado-licensed, level II fully accredited physician, licensed psychiatrist, or licensed psychologist.



16SenateState0427AttachA.pdf16SenateState0427AttachA.pdf



01:39 PM --
Kenneth Platt, representing the Fraternal Order of Police, testified in support of the bill.



01:47 PM --
Dr. John Nicoletti, representing the Colorado Psychological Association, testified in support of the bill.



01:51 PM --
Dr. Marilyn Meyers, representing the Colorado Psychological Association, testified in support of the bill.























01:57 PM --
Virginia Morrison Love, representing Pinncol Assurance, Colorado Association of Commerce and Industry, and National Federation of Independent Businesses, testified against the bill.



02:03 PM --
Doug Kotarek, representing the Colorado Self-Insurers Association, testified against the bill.



02:09 PM --
Kevin Bommer, representing the Colorado Municipal League, testified against the bill.



02:13 PM -- Jim Crone, Morgan County Sheriff, representing the County Sheriffs of Colorado, testified in support of the bill.



02:33 PM --
Sandra Edwards, representing the Fraternal Order of Police, testified in support of the bill.



02:37 PM --
Stephen Schulz, representing the Fraternal Order of Police, testified in support of the bill.



02:43 PM --
Mike Violette, representing the Fraternal Order of Police, testified in support of the bill.



02:46 PM --
Ron Sloan, representing the Colorado Association of Chiefs of Police, testified in support of the bill.



02:52 PM --
Nicholas Colglazier, representing Colorado Competitive Council, testified against the bill.



02:54 PM --
Kenneth Platt returned to respond to questions from the committee.





03:05 PM



The committee took a brief recess.





03:08 PM



The committee returned, and Mr. Platt continued responding to committee questions.



03:12 PM --
Doug Kotarek returned to answer committee questions.




































BILL: HB16-1399
TIME: 03:16:01 PM
MOVED: Jones
MOTION: Adopt amendment L.002 (Attachment B). The motion failed on a vote of 2-3.

16SenateState0427AttachB.pdf16SenateState0427AttachB.pdf
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL





03:21 PM



Senator Newell wrapped up her presentation to the committee.

BILL: HB16-1399
TIME: 03:30:20 PM
MOVED: Jones
MOTION: Refer House Bill 16-1399 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL






















BILL: HB16-1399
TIME: 03:32:19 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1399 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:32 PM -- HB16-1357



Senators Garcia and Cooke presented House Bill 16-1357 to the committee, along with two handouts (Attachment C and D). The reengrossed bill implements several recommendations of the ST-elevation Myocardial Infarction (STEMI) Task Force to improve medical care for heart attack patients. Specifically, the bill requires hospitals that are accredited by the Society of Cardiovascular Patient Care as a STEMI receiving center to report certain information to the National Cardiovascular Data Registry (NCDR) ACTION Registry (heart attack database). Other specified hospitals involved in heart attack care, but that are not accredited, are encouraged to report data to the database. Accredited hospitals that receive quarterly data reports from the heart attack database are required to submit the data to the Colorado Department of Public Health and Environment (CDPHE) for state-level analysis. Information provided the CDPHE is confidential, not subject to subpoena or disclosure, and shall only be used for the evaluation of hospital STEMI care. The CDPHE is also required to sign a letter of commitment with the American College of Cardiology concerning data confidentiality and acquisition of national heart attack data for benchmarking purposes.



16SenateState0427AttachC.pdf16SenateState0427AttachC.pdf 16SenateState0427AttachD.pdf16SenateState0427AttachD.pdf

































03:37 PM --
Dr. Jeb Burchenal, representing the American Heart Association, testified in support of the bill.



03:40 PM --
Janet Stephens, representing the Colorado Hospital Association, testified in support of the bill.



03:42 PM --
Julie Blakie, representing the American Heart Association, testified in support of the bill.

BILL: HB16-1357
TIME: 03:47:04 PM
MOVED: Jones
MOTION: Adopt amendment L.004 (Amendment E). The motion passed without objection.

16SenateState0427AttachE.pdf16SenateState0427AttachE.pdf
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1357
TIME: 03:48:18 PM
MOVED: Jones
MOTION: Refer House Bill 16-1357, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL








BILL: HB16-1357
TIME: 03:50:23 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1357 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:50 PM -- HB16-1266



Senator Cooke presented House Bill 16-1266 to the committee, along with a handout (Attachment F) and amendments L.006, L.007, and L.008 (Attachments G, H, and I). Under current law, if test results indicate the presence of harmful contaminants in medical or retail marijuana, the licensee is required to quarantine the marijuana, notify the Marijuana Enforcement Division (MED) in the Department of Revenue (DOR), and document and properly destroy the adulterated product. The reengrossed bill allows the MED to quarantine, document, and destroy marijuana that tests positive for any substance determined by the Colorado Department of Public Health and Environment (CDPHE) to be harmful, including unauthorized pesticides. Before any products are destroyed, DOR must notify the licensee that it may contest the results of the test by filing written notice with the DOR within five days after receipt of the test results. The DOR will hold a hearing on the matter within two weeks, promptly determine the matter, and provide the licensee with a written notice of its determination.



16SenateState0427AttachF.pdf16SenateState0427AttachF.pdf 16SenateState0427AttachG.pdf16SenateState0427AttachG.pdf



16SenateState0427AttachH.pdf16SenateState0427AttachH.pdf 16SenateState0427AttachI.pdf16SenateState0427AttachI.pdf































04:04 PM --
Daniel Henrickson, representing himself, testified on the bill.



04:07 PM --
Scott Bertus, representing himself, testified on the bill.



04:10 PM --
Robert Chase, representing Colorado Coalition for Patients and Caregivers, testified on the bill.



04:14 PM --
Don Brown, Colorado Commissioner of Agriculture, testified in support of the bill and amendment L.009 (Attachment J).



16SenateState0427AttachJ.pdf16SenateState0427AttachJ.pdf



04:22 PM --
Tyler Henson, representing C4, testified against the bill.



04:27 PM --
Mike Van Dyke, representing CDPHE, testified in support of the bill.



04:30 PM --
Greg Duran, representing Cannabis Patients Alliance, testified on the bill.



04:35 PM --
Andrew Freedman, representing the Governor's Office, testified in support of the bill.





04:42 PM



Senator Cooke wrapped up his presentation to the committee.

BILL: HB16-1266
TIME: 04:42:52 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.006 (Amendment G). The motion passed without objection.
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


















BILL: HB16-1266
TIME: 04:44:25 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.007 (Amendment H). The motion passed without objection.
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1266
TIME: 04:44:35 PM
MOVED: Sonnenberg
MOTION: Adopt amendment L.008 (Amendment I). The motion passed without objection.
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
































BILL: HB16-1266
TIME: 04:44:46 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 16-1266, as amended, to the Committee on Finance. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1266
TIME: 04:46:07 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1266 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





































04:46 PM -- HB16-1050



Senator Merrifield presented House Bill 16-1050 to the committee. The bill, recommended by the Early Childhood and School Readiness Legislative Commission, creates a task force to address issues relating to the child care needs of low-income parents. Its mission is to develop strategies and procedures for state and local agencies, and institutions of higher education, to use in coordinating efforts that address the child care needs of low-income parents who are seeking to advance their education.



04:52 PM --
Chaer Robert, representing the Colorado Center on Law and Policy, testified in support of the bill. She provided a handout to the committee (Attachment K).



16SenateState0427AttachK.pdf16SenateState0427AttachK.pdf



04:55 PM --
Allison Freedman, representing the Women's Foundation, testified in support of the bill.



04:58 PM --
Natalie Wood, representing the Bell Policy Center, testified in support of the bill.





05:02 PM



Senator Merrifield wrapped up his presentation to the committee.

BILL: HB16-1050
TIME: 05:02:37 PM
MOVED: Jones
MOTION: Refer House Bill 16-1050 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




















BILL: HB16-1050
TIME: 05:03:47 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1050 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:04 PM -- HB16-1078



Senator Hodge presented House Bill 16-1078 to the committee. The bill prohibits a local education provider, county, or municipality (local government employer) from taking any disciplinary action against an employee on account of the employee's disclosure about the local government employer that the employee believes to show:



• a violation of state, federal, or local government policy;

• a waste or misuse of public funds;

• fraud;

• an abuse of authority;

• mismanagement; or

• a danger to the health or safety of students, employees, or the public.



05:06 PM --
Pat Ratliff, representing Coloardo Counties Incorporated, testified against the bill.



05:07 PM --
Gina Holub, representing herself, testified in support of the bill.



05:10 PM --
Matt Cook, representing Colorado Association of School Boards and Colorado Association of School Executives, testified against the bill.



05:12 PM --
Robert Liechty, representing himself, testified in support of the bill.



05:14 PM --
Julie Whitacre read the testimony of Carol Gianfrancisco in support of the bill.



05:19 PM --
Kevin Bommer, representing the Colorado Municipal League, testified against the bill.



















05:22 PM



Senator Hodge wrapped up her presentation to the committee.

BILL: HB16-1078
TIME: 05:22:29 PM
MOVED: Jones
MOTION: Refer House Bill 16-1078 to the Committee on Finance. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1078
TIME: 05:23:33 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1078 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS































05:23 PM -- HB16-1273



Senator Hodge presented House Bill 16-1273 to the committee. The reengrossed bill authorizes the Colorado Department of Transportation (CDOT) to issue parking penalties at any CDOT parking facility (Park-n-Rides) to vehicles left in short-term parking spaces for more than 24 hours. CDOT may not begin the short-term parking enforcement program until it has posted signs advising of the prohibition and penalty at all entrances and exits to the parking facility where it intends to enforce short-term parking for at least 90 days prior. CDOT must keep these signs in place as long as it enforces parking at the facility. CDOT must promulgate rules to administer and enforce the program.



05:31 PM --
Andy Karsian, representing CDOT, testified in support of the bill.





05:37 PM



Senator Todd wrapped up her presentation to the committee.

BILL: HB16-1273
TIME: 05:37:28 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1273 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




































BILL: HB16-1273
TIME: 05:42:11 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1273 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:42 PM -- HB16-1300



Senators Ulibarri and Donovan presented House Bill 16-1300 to the committee. This bill gives counties exclusive authority to determine the location and security of a voter ballot drop-off location. The Secretary of State's Office (SOS) may provide specifications on the installation of drop boxes and accessibility of drop-off locations for persons with disabilities. Counties are encouraged to utilize state-owned property and to enter into public-private partnerships for the placement of drop-off locations on commercial property that is conveniently located.



05:47 PM -- Pat Ratliff, representing Colorado Counties Incorporated, testified against the bill.



05:50 PM --
Amber McReynolds, representing the City and County of Denver, testified in support of the bill.



05:54 PM --
Jennifer Levin, representing Disability Law Colorado, testified in support of the bill.



05:56 PM --
Elizabeth Steele, representing the League of Women Voters, testified in support of the bill.



05:59 PM --
Ken Debey, representing the Colorado Alliance for Retired Americans, testified in support of the bill.



06:02 PM --
Elena Nunez, representing Colorado Common Cause, testified in support of the bill.



06:05 PM --
Suzanne Staiert, Deputy Secretary of State, testified against the bill.



06:08 PM --
Matt Crane, Arapahoe County Clerk & Recorder, representing Colorado County Clerks Association, testified against the bill.



















06:11 PM



Senators Ulibarri and Donovan wrapped up their presentation to the committee.

BILL: HB16-1300
TIME: 06:11:47 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1300 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1300
TIME: 06:17:40 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1300 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS























06:17 PM -- HB16-1293



Senator Holbert presented House Bill 16-1293 to the committee. This bill, as amended by the House Transportation and Energy Committee, requires automobile insurers to submit to the Department of Revenue (DOR) a statement notifying DOR when a motor vehicle:



• has been damaged and needs repairs exceeding the vehicle's value; or

• has been designated by the insurer as a total loss.



Upon receipt of this statement from the insurer, the DOR must:



• notify the owner and all lienholders and provide each with a copy of the statement;

• issue a new title branded with "insurance loss," or a salvage title if the statement includes facts that qualify the vehicle as a salvage vehicle; and

• note on the title any unreleased liens and deliver the title to the senior lienholder or the owner with a demand that the original title be surrendered.



06:22 PM --
Stan Martin, representing the Colorado Independent Automobile Dealers Association, testified in support of the bill.



06:26 PM --
Paul Bjork, representing himself, testified in support of the bill.



06:38 PM --
Todd O'Connell, representing Colorado Independent Automobile Dealers Association, testified in support of the bill and provided two handouts (Attachments L and M).



16SenateState0427AttachL.pdf16SenateState0427AttachL.pdf 16SenateState0427AttachM.pdf16SenateState0427AttachM.pdf























































06:47 PM



Senator Holbert wrapped up his presentation to the committee.

BILL: HB16-1293
TIME: 06:47:50 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 16-1293 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1293
TIME: 06:52:18 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1293 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:54 PM



The committee adjourned.


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