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S_SA_2016A 05/02/2016 04:02:49 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 05/02/2016
ATTENDANCE
Time: 04:02 PM to 06:30 PM
Hill
*
Jones
X
Place: SCR 356
Ulibarri
X
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:
Conf 16-Civil Rights Commission — Colorado

HB16-1386

HB16-1217

HB16-1434

HB16-1196

HB16-1313

HB16-1167

HB16-1381

HB16-1400

HB16-1279
Favorably Refer to Full Senate - Consent

Referred to Appropriations

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely





04:03 PM -- Confirmation of Civil Rights Commission — Colorado



Ulysses Chaney presented his qualifications to the committee and answered questions.












































BILL: Conf 16-Civil Rights Commission — Colorado
TIME: 04:06:59 PM
MOVED: Sonnenberg
MOTION: Refer the appointment of Ulysses Chaney to the Colorado Civil Rights Commission to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Hill
Yes
Jones
Yes
Ulibarri
Yes
Sonnenberg
Yes
Scott
Yes
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: Conf 16-Civil Rights Commission — Colorado
TIME: 04:07:48 PM
MOVED:
MOTION: The motion passed without objection.
SECONDED:
VOTE
Hill
Excused
Jones
Ulibarri
Sonnenberg
Scott
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:





































04:08 PM -- HB16-1386



Senator Steadman presented House Bill 16-1386 to the committee. The bill, as amended by the House Finance Committee, creates the Necessary Document program in the Office of Health Equity in the Colorado Department of Public Health and Environment (CDPHE). The purpose of the program is to help Colorado residents who are victims of domestic violence, impacted by a natural disaster, low-income, disabled, homeless, or elderly pay the fees to acquire a necessary document. Necessary documents are defined as social security cards, driver's licenses, identification cards, or a vital statistics report (such as a birth, death, or marriage certificate).



The bill requires an annual appropriation of at least $300,000 to CDPHE from the General Fund to implement the necessary document program. The Office of Health Equity is required to annually make at least one grant or contract with a nonprofit organization to implement the program. The Office of Health Equity may expend up to $15,000 for the office's direct and indirect costs in administering the program.



The program repeals on September 1, 2021.



04:09 PM --
Sherry Cole, representing Grand Valley Peace and Justice, testified remotely from Mesa State University in support of the bill.



04:12 PM --
Julie Mamo, representing Grand Valley Peace and Justice, testified remotely from Mesa State University in support of the bill.



04:16 PM --
Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill.



04:20 PM --
Luis Linares, representing Metro Caring, testified in support of the bill.



04:21 PM --
Bonnie Sarkar, representing Colorado Legal Services, testified in support of the bill.



04:24 PM --
Julie Hadley, representing Catholic Charities of Central Colorado, testified in support of the bill.

















































04:27 PM



Senator Steadman wrapped up his presentation to the committee.

BILL: HB16-1386
TIME: 04:28:05 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1386 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
Yes
Scott
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:30 PM -- HB16-1217



Senator Carroll presented House Bill 16-1217 to the committee. The bill implements several recommendations from the "2013 Study of Comparable HOA Information and Resource Centers" conducted pursuant House Bill 13-1134, which examined the functions, duties, structure, costs, funding, and successes of other states' homeowners' association (HOA) offices. Specifically, the bill:



• removes the $50 statutory cap on annual fees and allows the Division of Real Estate in the Department of Regulatory Agencies (DORA) to modify by rule the annual fee paid by HOAs to fund the HOA Information and Resources Center (HOA center) to one of three fee structures single per-unit fee, tiered per-unit fee, or single per-association fee; and



• requires the HOA center to develop, maintain, and publish referral lists of independent contractors who can monitor HOA elections and provide mediation and arbitration services on HOA matters. The bill specifies the information each listed contractor must annually report to the HOA center.



04:31 PM --
Marcia Waters, representing DORA Division of Real Estate, testified in support of the bill.



04:32 PM --
Gary Kujawski, DORA, representing DORA Division of Real Estate, testified in support of the bill.



04:33 PM --
Robyn McDonald, representing the Mediation Association of Colorado, testified in support of the bill.














BILL: HB16-1217
TIME: 04:35:25 PM
MOVED: Jones
MOTION: Refer House Bill 16-1217 to the Committee of the Whole. 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: HB16-1217
TIME: 04:36:35 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1217 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 without objection.
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





































04:36 PM -- HB16-1434



Senator Carroll presented House Bill 16-1434. This bill expands the disclosure requirements related to political party communication activity under the Fair Campaign Practices Act to include spending and communication advocating for the election or defeat of a political party. The disclosures must be submitted to the Secretary of State's Office.



04:38 PM --
Elena Nunez, representing Colorado Common Cause, testified in support of the bill.

BILL: HB16-1434
TIME: 04:42:34 PM
MOVED: Jones
MOTION: Refer House Bill 16-1434 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: HB16-1434
TIME: 04:43:21 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1434 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















04:44 PM -- HB16-1196



Senator Johnston presented House Bill 16-1196 to the committee. The bill, as amended by the House Education Committee, creates the Aspire to College Colorado pilot program within the Colorado Department of Human Services (DHS). DHS is required to make an initial deposit of $50 into a college savings account for up to 2,000 low income, preschool-age children per year, for up to three years. DHS is required to adopt rules for the program, including eligibility, additional monetary contributions, and data collection to evaluate the program.



The program is intended to be a public-private partnership, with the state providing the initial deposit into the savings accounts, and private donations matching any family contributions. Private resources are also to be used to encourage college savings, increase the financial literacy of participants, and evaluate the program's effectiveness.



The bill also creates the Aspire to College Colorado Pilot Program Fund (fund). The fund may include gifts, grants, and donations, and any money transferred or appropriated to it by the General Assembly. Any money in the fund at the end of the fiscal year must remain in the fund.



04:47 PM --
Reggie Bicha, representing DHS, testified in support of the bill.



04:50 PM --
David Hammond, representing EPIC, testified in support of the bill.



04:54 PM --
Jennifer Villalobos, representing the Colorado Public Health Association, testified in support of the bill.



04:58 PM --
Bill Jaeger, representing Colorado Children's Campaign, testified in support of the bill and presented a handout (Attachment A).



16SenateState0502AttachA.pdf16SenateState0502AttachA.pdf



















































05:00 PM



Senator Johnston wrapped up his presentation to the committee.

BILL: HB16-1196
TIME: 05:00:51 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1196 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: HB16-1196
TIME: 05:03:39 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1196 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 -- HB16-1313



Senator Donovan presented House Bill 16-1313 to the committee. This bill authorizes local governments to include goals specified in the state water plan in their master plans and to include policies to implement water conservation and other state water plan goals as a condition of development approval.



05:05 PM --
James Eklund, representing Colorado Water Conservation Board, testified in support of the bill.



05:08 PM --
Susan Wood, representing Colorado Chapter of the American Planning Association, testified in support of the bill.



05:10 PM --
Richard Orf, representing the Associated Governments of Northwest Colorado, testified against the bill.





05:11 PM



Senator Donovan wrapped up her presentation to the committee.

BILL: HB16-1313
TIME: 05:11:49 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1313 to the Committee on Agriculture. 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: HB16-1313
TIME: 05:16:14 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1313 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





05:16 PM -- HB16-1167



Senators Todd and Donovan presented House Bill 16-1167 to the committee. This bill creates the "Colorado Family First Employer Program" in the Colorado Department of Labor and Employment (CDLE), which seeks to recognize and certify employers that meet specific criteria related to full-time employees, including:



• demonstrating that all of its employees have equal opportunities for advancement to leadership positions in the workplace and that the employer provides access to or leave to participate in mentorship training or other leadership opportunities;

• demonstrating that it does not pay some of its employees less for the same work performed by its other employees, except when the wage difference is based on certain factors such as seniority, merit, production quotas, or other legitimate reasons;

• providing child care stipends, or child care facilities or services to employees as demonstrated by the receipt of certain tax incentives;

• providing at least two weeks of paid leave for the birth or adoption of a child, for the medical care of the employee, and, if possible, for medical care of a family member;

• providing health insurance options for or contributing to the health insurance costs of its employees and their dependents;

• contributing to the employee's retirement benefit plan at a level equal to or greater than the minimum contribution required for participation; and

• providing flexible work arrangements to accommodate important family obligations for all employees.




























An employer who meets all seven criteria is to be awarded a platinum award. If an employer meets four criteria, it is to be awarded a gold award. CDLE is required to establish procedures for applications and issuing awards. Awards are valid for three years. The Office of the Governor is required to create a program logo to deliver, along with the award, to each employer that is certified by the CDLE, which the employer may use for promotional purposes. CDLE is also directed to publish and update, at least three times per year, a list of award recipients on its website.



05:21 PM -- Megan Raynes, representing 9 to 5 Colorado, testified in support of the bill and presented a handout (Attachment B).



16SenateState0502AttachB.pdf16SenateState0502AttachB.pdf



05:25 PM



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

BILL: HB16-1167
TIME: 05:25:19 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1167 to the Committee on Business, Labor, and Technology. 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: HB16-1167
TIME: 05:30:06 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1167 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





05:30 PM -- HB16-1381



Senator Todd presented House Bill 16-1381 to the committee. Current law requires that health insurance plans provide coverage for one mammography screening per year as part of the mandatory coverage requirement for preventative health services. This bill modifies this screening requirement to specify that one screening per year must be provided using the breast imaging modality appropriate for each individual's health needs as determined by the person's physician or radiologist. The bill defines "breast cancer screening" as an any noninvasive imaging modality, or combination of modalities, as recommended by the American College of Radiology and considered as an acceptable standard of care for the early detection of breast cancer. Breast cancer screening under this standard may include a clinical exam or follow-up imaging, as recommended by the American College of Radiology, in the event of an incomplete screening result.



05:35 PM --
Dr. Lilli Ivansco, representing the Colorado Radiological Society, testified in support of the bill.



05:39 PM --
Jim Berry, representing himself, testified in support of the bill.



05:43 PM --
Rich Fiorella, representing himself, testified in support of the bill.



05:46 PM --
Peg Ellefson, representing herself, testified in support of the bill.



05:48 PM --
Toni Panetta, representing Susan G Komen Colorado, testified in support of the bill.



05:52 PM -- Dr. Elizabeth Kraft, representing Anthem Blue Cross Blue Shield, testified against the bill.























06:00 PM --
Sara Orrange, representing Colorado Association of Health Plans, testified against the bill.

06:04 PM --
Virginia Love, representing America's Health Insurance Plans, testified against the bill.





06:06 PM



Senator Todd wrapped up her presentation to the committee.

BILL: HB16-1381
TIME: 06:13:27 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1381 to the Committee of the Whole. 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: HB16-1381
TIME: 06:14:14 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1381 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

















06:14 PM -- HB16-1400



Senator Todd 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.

BILL: HB16-1400
TIME: 06:17:44 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1400 to the Committee of the Whole. 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: HB16-1400
TIME: 06:19:15 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1400 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





06:21 PM -- HB16-1279



Senator Newell presented House Bill 16-1279 to the committee and presented two handouts (Attachments C and D). The bill creates an international sister-state relationship program in the Office of Economic Development and International Trade (OEDIT). A sister-state relationship is a formal declaration of friendship between two regions, states, or nations and does not create any legal relationship. The bill defines a state as a province, administrative district, county, prefecture, or other political boundary that includes one or more cities or towns.



16SenateState0502AttachC.pdf16SenateState0502AttachC.pdf 16SenateState0502AttachD.pdf16SenateState0502AttachD.pdf



The program will foster relationships between the state of Colorado and states in other countries in order to promote mutually beneficial economic growth, trade, and investment opportunities; maximize collaboration; and create a forum for sustained goodwill and social, educational, and cultural exchange and cooperation. OEDIT will serve as the conduit between Colorado and the designated leader of each sister-state.


































BILL: HB16-1279
TIME: 06:28:17 PM
MOVED: Jones
MOTION: Refer House Bill 16-1279 to the Committee of the Whole. 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: HB16-1279
TIME: 06:29:14 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1279 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





06:30 PM



The committee adjourned.