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S_SA_2017A 04/05/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/05/2017
ATTENDANCE
Time: 01:32 PM to 05:56 PM
Court
X
Fenberg
X
Place: SCR 357
Hill
*
Sonnenberg
X
This Meeting was called to order by
Marble
X
Senator Marble
This Report was prepared by
Julia Jackson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1188

HB17-1186

HB17-1177

SB17-284

HB17-1214
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar

Referred to Senate Appropriations

Referred to the Committee of the Whole





01:32 PM -- HB17-1188



Senator Coram and Senator Moreno, co-prime sponsors, presented House Bill 17-1188 to the committee. Under current law, harassment is a class 3 misdemeanor unless the offender intends to intimidate or harass someone based on his or her actual or perceived race, color, religion, ancestry, or national origin, in which case it is a class 1 misdemeanor. Under the bill, harassment based on a person's physical or mental disability or sexual orientation is also a class 1 misdemeanor.



01:35 PM --
Scott Turner, representing the Office of the Attorney General and the Colorado Organization for Victim Assistance, testified in support of the bill and responded to committee member questions.



01:39 PM --
Jeremy Shaver, representing the Anti-Defamation League, testified in support of the bill and responded to committee member questions.





01:47 PM



Committee members discussed the bill with the sponsors.



01:50 PM --
Ralph Ogden, representing himself, testified in support of the bill.



01:51 PM --
Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.



















01:52 PM --
Jordan Anthony, representing himself, testified in support of the bill.



01:54 PM --
Marijo Rymer, representing the Arc of Colorado, testified in support of the bill.



01:57 PM --
Karen Axe, representing herself, testified in support of the bill.



02:00 PM --
Francesca Maes, representing the Colorado Cross-Disability Coalition, testified in support of the bill.



02:02 PM --
Megan Saleebey, representing the Denver District Attorney's Office, testified in support of the bill.



02:05 PM --
Tristan Gorman, representing himself, testified in support of the bill.



02:10 PM --
Michael Neil, representing the Colorado Cross-Disability Coalition, testified in support of the bill.



02:12 PM --
Denise Archuleta, representing herself, testified in support of the bill and responded to committee member questions.





02:18 PM



Senators Coram and Moreno wrapped up their presentation of the bill. Committee members commented on the bill.

BILL: HB17-1188
TIME: 02:19:57 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 17-1188 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
Yes
Sonnenberg
Yes
Marble
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



























02:21 PM -- HB17-1186



Senator Coram, sponsor, presented House Bill 17-1186 to the committee. The bill requires health insurance plans that are mandated to cover contraceptives to provide reimbursement to an in-network provider or dispensing entity for:



• a 3-month supply of a prescription contraceptive the first time it is dispensed to a covered person; and

• a 12-month supply any time the same prescription is subsequently redispensed, or until the plan coverage end, whichever is shorter.



The plan must also pay for a vaginal contraceptive ring that is intended to last for three months.



02:26 PM --
Marissa Ronk, representing herself, testified in support of the bill.



02:29 PM --
Emily Seabold, representing herself, testified in support of the bill.



02:31 PM --
Sara Barnes, representing the Colorado Children's Campaign, testified in support of the bill.



02:33 PM --
Bricelyn Jones, representing herself, testified in support of the bill.



02:36 PM --
Dr. Christina Ring, representing herself and the American Congress of Obstetricians and Gynecologists, testified in support of the bill.



02:38 PM --
Dr. Craig Anthony, representing the Colorado Academy of Family Physicians, testified in support of the bill.



02:41 PM --
Caitlin Westerson, representing the Colorado Consumer Health Initiative, testified in support of the bill.



02:43 PM --
Annie Zeiler, representing herself, testified against the bill and responded to committee member questions.





02:52 PM



Dr. Ring returned to the table to respond to committee member questions.



02:59 PM --
Denise Archuleta, representing herself, testified against the bill.



03:04 PM --
Dr. John Stallworth, representing himself, testified in support of the bill.





























03:06 PM



Senator Coram wrapped up his presentation of the bill. Committee members commented on the bill.

BILL: HB17-1186
TIME: 03:09:01 PM
MOVED: Sonnenberg
MOTION: Refer House Bill 17-1186 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
Yes
Sonnenberg
Yes
Marble
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:11 PM -- HB17-1177



Senator Cooke, sponsor, presented House Bill 17-1177 to the committee. This reengrossed bill makes changes to the Colorado Open Records Act (CORA). It lengthens the mandatory waiting period between a denial of a records request and the filing of a motion in district court from 3 to 14 days. It requires that during the 14-day period, the custodian who has denied the request either meet with the requester or speak with him or her by phone to attempt to resolve the dispute outside of court. The custodian and requester may seek any alternative dispute resolution method that is agreeable to both parties. Unless they come to a different agreement, the parties must share equally any costs associated with resolving the dispute. If the requester needs access to the record on an expedited basis, he or she must provide written notice of the need for urgency to the custodian at least three business days prior to filing the application with the district court, and no meeting is required to take place between the parties.



03:14 PM --
Richard Orf, representing the Associated Governments of Northwest Colorado, testified on the bill.



03:15 PM --
Mike Maday, representing the Mediation Association of Colorado, testified in support of the bill.



03:17 PM --
Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in support of the bill.

























03:19 PM



Senator Cooke wrapped up his presentation of the bill. Committee members commented on the bill.

BILL: HB17-1177
TIME: 03:20:46 PM
MOVED: Court
MOTION: Refer House Bill 17-1177 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
Yes
Sonnenberg
Yes
Marble
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:21 PM



The committee recessed.





03:28 PM -- SB17-284



The committee reconvened.



Senator Marble and Senator Lundberg, co-prime sponsors, presented Senate Bill 17-284 to the committee. The bill creates the Women's Reproductive Information Guarantee for Health and Transparency Act, specifying terms related to abortions performed in Colorado. Under the bill, an abortion may not be performed or induced without the patient's voluntary and informed consent. The bill gives the Attorney General authority to create rules and procedures for the collection and review of information receipts signed by patients and abortion providers indicating that the required information was provided or that the woman declined the information.



In order to fulfill the informed consent requirements, a healthcare provider must share the following information with the patient at least 24 hours before an abortion is performed:



• the name of the physician who will perform the abortion;

• a thorough and accurate description of the proposed method for performing the abortion, including information on the probable gestational age and anatomical and physiological characteristics of the fetus;

• a description of immediate and long-term physical and psychological risks involved in the abortion procedure;















• a description of abortion reversal procedures;

• a description of alternatives to abortion;

• a description of medical assistance benefits that may be available for prenatal care, childbirth, and neonatal care, in addition to information on the liability of the father for child support; and

• any other medical or other information that a reasonable patient would consider important for making a decision.



Additionally, the bill requires that at least 24 hours prior to an abortion the healthcare provider give the patient the opportunity to receive a current picture of the ultrasound portraying the entire body of the unborn child. In the required opportunity for an ultrasound, the healthcare provider must provide:



• an oral description of all relevant features of the ultrasound, with audible heartbeat, if present;

• a written and oral description of whether or not the pregnancy is viable;

• a list of all known ultrasound providers within a ten-mile radius of the abortion provider, in order to allow a patient to seek a second opinion;

• a description of the probable gestational age of the unborn child;

• a description of the development of the unborn child's nerve endings and the unborn child's ability to feel pain at each stage of development; and

• a statement that the patient may withdraw consent to the abortion at any time.



A healthcare provider who refuses to comply with the ultrasound provision must give the woman a list of providers who will provide a free ultrasound and comply with the provisions. Further, the healthcare provider must post a notice stating that the facility does not provide ultrasounds and is not a medical facility. Any person who recklessly violates any provision of the act commits an unclassified misdemeanor and is subject to a fine of up to $1,000 per violation. A person who suffers a loss or injury as a result of any violation of the act may bring a cause of action against the healthcare provider. The Attorney General may impose civil penalties on abortion clinics that violate any provision of the bill related to information receipt or any other provision of law. Civil penalties may be up to $1,000 for each violation, and the Attorney General may suspend or close an abortion clinic that commits violations.



03:33 PM --
Sadie Squier, representing herself, testified against the bill.



03:36 PM --
Dr. Michael McNeal, representing NARAL Pro-Choice Colorado, testified against the bill.



03:41 PM --
Joyce Lisbin, representing the Colorado Religious Coalition for Reproductive Choice (CORCRC), testified against the bill.





03:43 PM



Ms. Squier, Dr. McNeal, and Ms. Lisbin responded to committee member questions.



03:47 PM --
Taylor Soderborg, representing herself, Medical Students for Choice, and CORCRC, testified against the bill and responded to a question from the bill sponsors.



03:50 PM --
Karen Middleton, representing NARAL Pro-Choice Colorado, testified against the bill.





















03:53 PM --
Betty Boyd, representing the American Association of University Women, testified against the bill.



03:58 PM --
Wendy Smith, representing herself and Colorado Family Action, testified in support of the bill. She provided a written copy of her testimony (Attachment A). Ms. Smith responded to committee member questions.



17SenateState0405AttachA.pdf17SenateState0405AttachA.pdf



04:04 PM --
Karla Gonzales Garcia, representing the Colorado Organization for Latina Opportunity and Reproductive Rights, testified against the bill and responded to committee member questions.



04:08 PM --
Jill Wildenberg, representing the Interfaith Alliance of Colorado, testified against the bill.



04:12 PM --
Carole Ramsey, representing herself, testified against the bill.



04:14 PM --
David Meek, representing himself, testified in support of the bill.



04:18 PM --
Lisa Koets, representing Life Choices, testified in support of the bill and responded to committee member questions.



04:23 PM --
Marie Gorham, representing herself, testified in support of the bill.



04:27 PM --
Denise Archuleta, representing herself and Democrats for Life, testified in support of the bill.



04:30 PM --
Rick Thielen, representing himself and Life Choices, testified in support of the bill. He answered questions from the committee.



04:37 PM --
Roger Morin, representing himself, testified in support of the bill. He provided a handout to committee members (Attachment B).



17SenateState0405AttachB.pdf17SenateState0405AttachB.pdf



04:42 PM -- Zoe Payton, representing the Colorado Campaign for Life, testified in support of the bill.



04:44 PM --
Dr. Thomas Perille, representing the Protect Life Coalition, testified in support of the bill. He provided a written copy of his testimony (Attachment C).



17SenateState0405AttachC.pdf17SenateState0405AttachC.pdf

















04:50 PM --
Annie Zeiler, representing herself, testified in support of the bill.



04:52 PM --
Yvonne Williams, representing CareNet, testified in support of the bill.



04:54 PM --
Dr. John Stallworth, representing himself, testified in support of the bill.



05:01 PM --
Bethany Janzen, representing Students for Life, testified in support of the bill. She read additional testimony in support of the bill from Mary Dillon.



05:05 PM --
Marcy McGovern, representing herself and Alternatives Pregnancy Center, testified in support of the bill.



05:08 PM --
Dr. Jenna Ellis, representing the Centennial Institute, testified in support of the bill and responded to committee member questions.





05:15 PM



Senators Marble and Lundberg wrapped up their presentation of the bill.





05:27 PM



Senator Court offered amendment L.001 (Attachment D). The committee discussed the amendment with the bill sponsors.



17SenateState0405AttachD.pdf17SenateState0405AttachD.pdf

BILL: SB17-284
TIME: 05:28:51 PM
MOVED: Court
MOTION: Adopt amendment L.001 (Attachment D). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL



















05:30 PM



Senator Court offered amendment L.002 (Attachment E). The committee discussed the amendment with the bill sponsors.



17SenateState0405AttachE.pdf17SenateState0405AttachE.pdf

BILL: SB17-284
TIME: 05:31:38 PM
MOVED: Court
MOTION: Adopt amendment L.002 (Attachment E). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























































05:32 PM



Senator Court offered amendment L.003 (Attachment F). The committee discussed the amendment with the bill sponsors.



17SenateState0405AttachF.pdf17SenateState0405AttachF.pdf

BILL: SB17-284
TIME: 05:36:23 PM
MOVED: Court
MOTION: Adopt amendment L.003 (Attachment F). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























































05:36 PM



Senator Court offered amendment L.004 (Attachment G). The committee discussed the amendment with the bill sponsors.



17SenateState0405AttachG.pdf17SenateState0405AttachG.pdf

BILL: SB17-284
TIME: 05:42:54 PM
MOVED: Court
MOTION: Adopt amendment L.004 (Attachment G). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























































05:42 PM



Senator Court offered amendment L.005 (Attachment H). The committee discussed the amendment with the bill sponsors.



17SenateState0405AttachH.pdf17SenateState0405AttachH.pdf

BILL: SB17-284
TIME: 05:43:47 PM
MOVED: Court
MOTION: Adopt amendment L.005 (Attachment H). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

































































05:44 PM



Senator Court offered amendment L.006 (Attachment I).



17SenateState0405AttachI.pdf17SenateState0405AttachI.pdf

BILL: SB17-284
TIME: 05:45:17 PM
MOVED: Court
MOTION: Adopt amendment L.006 (Attachment I). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























































05:45 PM



Senator Court offered amendment L.007 (Attachment J).



17SenateState0405AttachJ.pdf17SenateState0405AttachJ.pdf

BILL: SB17-284
TIME: 05:46:00 PM
MOVED: Court
MOTION: Adopt amendment L.007 (Attachment J). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

































































05:46 PM



Senator Court offered amendment L.008 (Attachment K).



17SenateState0405AttachK.pdf17SenateState0405AttachK.pdf

BILL: SB17-284
TIME: 05:46:37 PM
MOVED: Court
MOTION: Adopt amendment L.008 (Attachment K). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL





























































05:47 PM



Senator Court offered amendment L.009 (Attachment L).



17SenateState0405AttachL.pdf17SenateState0405AttachL.pdf

BILL: SB17-284
TIME: 05:47:41 PM
MOVED: Court
MOTION: Adopt amendment L.009 (Attachment L). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
No
Sonnenberg
No
Marble
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL





























































05:48 PM



Committee members commented on the bill.

BILL: SB17-284
TIME: 05:54:52 PM
MOVED: Marble
MOTION: Refer Senate Bill 17-284 to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Court
No
Fenberg
No
Hill
Yes
Sonnenberg
Yes
Marble
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:54 PM -- HB17-1214



Senator Marble brought up House Bill 17-1214, concerning efforts to encourage employee ownership of the state's existing small business, and, in connection therewith, making an appropriation. The bill was not on the committee calendar.


















































BILL: HB17-1214
TIME: 05:55:05 PM
MOVED: Marble
MOTION: Refer House Bill 17-1214 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Hill
Yes
Sonnenberg
Yes
Marble
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:56 PM



The committee adjourned.


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