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S_SA_2016A 05/04/2016 01:32:59 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 05/04/2016
ATTENDANCE
Time: 01:32 PM to 05:55 PM
Hill
X
Jones
X
Place: RM 271
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:
HB16-1326

Conf 16-Lieutenant Governor

HB16-1446

HB16-1448

HB16-1388

HB16-1341

HB16-1437

HB16-1304

HB16-1274

HB16-1178
Postponed Indefinitely

Favorably Refer to Full Senate - Consent

Postponed Indefinitely

Referred to the Committee of the Whole - Consent Calendar

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely





01:33 PM -- HB16-1326



The committee took up House bill 16-1326 for action. The committee heard testimony on the bill on April 13, 2016.












































BILL: HB16-1326
TIME: 01:34:07 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1326 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: HB16-1326
TIME: 01:35:09 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1326 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





































01:35 PM -- Confirmation of Lieutenant Governor Donna Lynne



Governor John Hickenlooper presented the qualifications of Dr. Donna Lynne for Lieutenant Governor. Dr. Lynne discussed her background and qualifications with the committee.

BILL: Conf 16-Lieutenant Governor
TIME: 02:06:06 PM
MOVED: Sonnenberg
MOTION: Refer the appointment of to the Lieutenant Governor to the full Senate with a favorable recommendation that it be placed upon the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Hill
Yes
Jones
Yes
Ulibarri
Yes
Sonnenberg
Yes
Scott
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:08 PM -- HB16-1446



Senator Marble asked the committee to postpone House Bill 16-1446 indefinitely.

BILL: HB16-1446
TIME: 02:09:09 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1446 indefinitely. The motion passed on a vote of 4-0, with one excused.
SECONDED:
VOTE
Hill
Excused
Jones
Yes
Ulibarri
Yes
Sonnenberg
Yes
Scott
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

















02:09 PM -- HB16-1448



Senators Kefalas and Lundberg presented House Bill 16-1448 to the committee. The bill makes several changes to the Relative Guardian Assistance Program to comply with federal regulations and clarify the qualifying legal relationships and situations that are eligible for the program. Specifically, the bill clarifies that relatives, kin, and other persons with a family-like relationship, including foster parents, are eligible for relative guardianship assistance in certain situations when a child or children cannot be returned to the physical custody of parents or legal guardians and adoption or reunification is either unavailable or not appropriate. The bill also expands guardianship assistance in situations where a foster parent or relative is allocated parental responsibilities by the courts, in addition to assuming permanent legal guardianship.



02:13 PM --
Jenn Collins, representing the Denver Department of Human Services, testified in support of the bill.



02:15 PM --
Julie Thomerson, representing Adams County, testified in support of the bill.



02:18 PM --
Lauren Leeman, representing the Colorado Court Appointed Special Advocates, testified in support of the bill.



02:20 PM --
Linda Weinerman, representing the Office of the Child's Representative, testified in support of the bill.





02:22 PM



Senators Kefalas and Lundberg wrapped up their presentation to the committee.

BILL: HB16-1448
TIME: 02:23:09 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 16-1448 to the Committee of the Whole, with a favorable recommendation that it be placed upon the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Hill
Yes
Jones
Yes
Ulibarri
Yes
Sonnenberg
Yes
Scott
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS























02:25 PM -- HB16-1388



Senators Merrifield and Guzman presented House Bill 16-1388 to the committee. This bill prohibits an employer, excluding the state and its political subdivisions, from advertising or including language in an employment application that indicates that a person with a criminal history may not apply for a position. An employer may not make an inquiry about a candidate's arrest history or criminal convictions until it selects a candidate for an interview or extends an offer of employment to that person. Limited exceptions are provided for circumstances when:



• the law forbids a person from being employed due to a criminal conviction or requires an employer to consider a candidate's criminal history;

• the employer is participating in a program to encourage employment of people with criminal histories; or

• the job requires a fidelity bond and the criminal history would disqualify a candidate from obtaining this bond.



02:33 PM --
Jack Regenbogen, representing the Colorado Center on Law & Policy, testified in support of the bill and presented a packet of handouts (Attachment A).



16SenateState0504AttachA.pdf16SenateState0504AttachA.pdf



02:42 PM --
Michael Neil, representing the Colorado Cross Disability Coalition, testified in support of the bill.



02:45 PM --
Kenneth Smith, representing himself, testified in support of the bill.



02:49 PM --
Tony Gagliardi, representing the National Federation of Independent Businesses, testified against the bill.



02:56 PM --
Loren Furman, representing the Colorado Association of Commerce and Industry, testified against the bill.



03:05 PM -- Mickie Lewis, representing the Empowerment Program, testified in support of the bill.



03:09 PM --
Jill Wildenberg, representing the Interfaith Alliance of Colorado, testified in support of the bill.



03:11 PM --
Sean Ahshee-Taylor, representing the Second Chance Center, testified in support of the bill.



03:14 PM --
Reverend Tammy Williams, representing Above Waters Project, testified in support of the bill.

























03:17 PM --
Barry Keene, representing himself, testified in support of the bill and presented a handout (Attachment B).



16SenateState0504AttachB.pdf16SenateState0504AttachB.pdf



03:21 PM --
Carolyne Schultz, representing Denver Urban Matters, testified in support of the bill.



03:24 PM --
Brian Vander Heiden, representing Denver Urban Matters, testified in support of the bill.



03:27 PM --
Carol Peeples, representing herself, testified in support of the bill.



03:31 PM --
Sarah Procopio, representing herself, testified in support of the bill.



03:36 PM --
Alex Meyer, representing the Colorado Fiscal Institute, testified in support of the bill.





03:39 PM



Senators Guzman and Merrifield wrapped up their presentation to the committee.

BILL: HB16-1388
TIME: 03:46:53 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1388 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: HB16-1388
TIME: 03:47:59 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1388 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
Yes
Jones
No
Ulibarri
No
Sonnenberg
Scott
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





03:48 PM -- HB16-1341



Senator Ulibarri, presented House Bill 16-1341 to the committee and presented a handout (Attachment C). The reengrossed bill prohibits the sale or purchase of any covered animal species part or product with certain exceptions. Guns, knives, and musical instruments are exempt from the provisions of the bill. Covered animals include elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays.



16SenateState0504AttachC.pdf16SenateState0504AttachC.pdf



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;

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 may enforce the provisions of the bill and may be assisted by other peace officers that include sheriffs, police officers, the Colorado State Patrol, Colorado Bureau of Investigation, district attorneys, and parks and recreation 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.



03:54 PM --
Dr. Roberta Mancuso, representing Girl Scout Troop 4646, testified in support of the bill.



03:55 PM --
Maribel Brannan, representing Girl Scout Troop 4646, testified in support of the bill.



03:57 PM --
Ashley Anderson, representing Girl Scout Troop 4646, testified in support of the bill.



03:59 PM --
Clair Kozin, representing Girl Scout Troop 4646, testified in support of the bill.



04:01 PM --
Kristal Parks, representing herself, testified in support of the bill.



04:05 PM --
Abigail Weeks, representing herself, testified in support of the bill.



04:08 PM --
Jay Tutchon, representing Defenders of Wildlife, testified in support of the bill.



04:12 PM --
Steve Schreiner, representing the Firearms Coalition of Colorado, testified against the bill.



04:16 PM --
Dr. Janet Rumfelt, representing Ivory Free Colorado, testified in support of the bill.



04:20 PM --
Eris Brianna Caver, representing herself, testified in support of the bill.



04:24 PM --
Tracie Bennitt, representing herself, testified against the bill.



04:27 PM --
Reverend Peter Sawtell, representing EcoJustice Ministries, testified in support of the bill.



04:31 PM --
Aubyn Royall, representing the Humane Society of the U.S., testified in support of the bill.



04:33 PM --
Bob Broschied, Director of Colorado Parks & Wildlife, testified on the bill.



04:35 PM --
Terry Zundel, representing AAPS, testified in support of the bill.



04:37 PM --
Candace Crespi, representing Oceanic Preservation Society, testified in support of the bill.



































04:41 PM



Senator Ulibarri wrapped up his presentation to the committee.

BILL: HB16-1341
TIME: 04:41:44 PM
MOVED: Jones
MOTION: Refer House Bill 16-1341 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: HB16-1341
TIME: 04:46:51 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1341 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





























04:47 PM -- HB16-1437



Senator Todd presented House Bill 16-1437 to the committee, and presented two handouts (Attachments D and E). The reengrossed bill allows law enforcement agencies to issue penalty assessment notices to the driver or registered owner of a vehicle involved in a school bus stop arm violation based on the information obtained by any person and verified by law enforcement. The information must include vehicle color, basic description, and a license plate number; information pertaining to the identity of the alleged violator; and time and approximate location at which the violation occurred. Citations issued accordingly are exempt from a point violation on a driving record.



16SenateState0504AttachD.pdf16SenateState0504AttachD.pdf 16SenateState0504AttachE.pdf16SenateState0504AttachE.pdf



04:52 PM --
Mike McIntosh, representing EXS Colorado, testified in support of the bill.



04:55 PM --
Art Bosworth, representing himself, testified in support of the bill and presented a handout (Attachment F).



16SenateState0504AttachF.pdf16SenateState0504AttachF.pdf



05:00 PM



Senator Todd wrapped up her presentation to the committee.

BILL: HB16-1437
TIME: 05:00:38 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1437 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: HB16-1437
TIME: 05:03:38 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1437 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





05:03 PM -- HB16-1304



Senator Heath presented House Bill 16-1304 to the committee. This bill, as amended by the House Transportation and Energy Committee, requires the Colorado Department of Transportation (CDOT) to assist each of the 15 Transportation Planning Regions (TPRs) in holding at least one community meeting about transportation planning and funding in each TPR by October 1, 2016. The Office of Economic Development and International Trade and CDOT, in close collaboration with the TPR, must provide extensive public notice in advance of each community meeting through methods outlined in the bill.



The bill specifies meeting protocol, including the availability of remote public testimony, if practicable. Each meeting must include representation from the transportation commissioners whose districts fall within the region, the area CDOT regional transportation director's office, and any overlapping economic development district or organization. Other specified government officials must also be invited.



No later than November 1, 2016, the TPR representative who convened the meeting, assisted by CDOT staff, is required to develop and submit to CDOT's executive director a report ranking their region's top transportation priorities and the preferred means of raising revenue to fund those priorities. CDOT's executive director must compile the regional reports into a statewide report that ranks top transportation priorities and preferred funding mechanisms, and reflects the priorities and choices of each TPR and its community meeting. CDOT's executive director must provide a copy of the report to each TPR, the Statewide Transportation Advisory Committee (STAC), and also present it to during CDOT's 2017 SMART Act hearing. The bill repeals on July 1, 2017.

























05:07 PM --
Tony Lombard, representing Colorado Counties Inc., testified against the bill.



05:11 PM --
Andy Karsian, representing the Colorado Department of Transportation, testified on the bill.





05:12 PM



Senator Heath wrapped up his presentation to the committee.

BILL: HB16-1304
TIME: 05:13:00 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1304 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: HB16-1304
TIME: 05:14:36 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1304 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





05:14 PM -- HB16-1274



Senator Ulibarri presented House Bill 16-1274 to the committee, along with a packet of handouts (Attachment G). The bill expands the Colorado Road and Community Safety Act (Senate Bill 13-251) driver's license, instruction permit, and identification card program for individuals not lawfully present or temporarily lawfully present in Colorado. Under the bill, six additional Division of Motor Vehicle (DMV) offices may issue SB13-251 driver's licenses, instruction permits, and identification cards (SB13-251 documents) effective March 1, 2017. The bill also repeals a footnote in the 2015 Session Laws that limits the number of DMV offices that may issue SB13-251 documents to three DMV offices and then again to one DMV office when issuance falls below 5,000 per month or total appointments served has reached 60,000.



16SenateState0504AttachG.pdf16SenateState0504AttachG.pdf



The bill also expands the types of documents that may be accepted by DMV offices from a SB13-251 document applicant. Specifically, the bill adds an individual's social security number, documentation for which may include a social security card itself or any other documentation acceptable to the Department of Revenue, to the list of acceptable SB-251 identification documents. Additionally, the bill allows SB13-351 documents to be reissued or renewed following the same procedures as available to other license, permit, or identification card holders in Colorado.



05:20 PM --
Thamana Vasan, representing the Colorado Fiscal Institute, testified in support of the bill.

























05:24 PM --
James Lamb, representing the American Immigration Lawyer's Coalition, testified in support of the bill.



05:28 PM --
Reverend James Chapman, representing Together Colorado, testified in support of the bill.



05:31 PM --
Patricia Serna, representing Pueblo MAYAS and I Drive Colorado, testified in support of the bill.



05:37 PM --
Aleida Ramirez, representing Together Colorado and I Drive Colorado, testified in support of the bill.



05:41 PM --
James Chaney, representing himself, testified in support of the bill.



05:44 PM --
John Edward Soto, representing Protege, testified in support of the bill.





05:57 PM



Senator Ulibarri wrapped up his presentation to the committee.

BILL: HB16-1274
TIME: 05:48:11 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1274 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: HB16-1274
TIME: 05:51:38 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1274 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





05:52 PM -- HB16-1178



Senator Ulibarri presented House Bill 16-1178 to the committee. The bill extends in-state tuition classification to any Native American who is a registered member of a federally recognized American Indian Tribe with historical ties to Colorado, beginning in the 2016-17 academic year. Students who are classified for in-state tuition may be counted as a resident student for any purpose, including eligibility for state-funded financial aid and the College Opportunity Fund stipend. The bill applies to all state institutions of higher education except Fort Lewis College, which already provides free tuition to any Native American.




















































BILL: HB16-1178
TIME: 05:53:24 PM
MOVED: Ulibarri
MOTION: Refer House Bill 16-1178 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: HB16-1178
TIME: 05:54:49 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1178 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





05:55 PM



The committee adjourned.


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