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S_SA_2017A 04/10/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/10/2017
ATTENDANCE
Time: 01:36 PM to 02:52 PM
Court
X
Fenberg
X
Place: SCR 357
Hill
X
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:
HB17-1155

HB17-1223

HB17-1150
Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar





01:36 PM -- HB17-1155



Senator Marble announced that House Bill 17-1113, which was on the calendar for the meeting, would instead be heard April 17, 2017.



Senator Gardner, sponsor, presented House Bill 17-1155 to the committee. Upon receipt of a complaint alleging that a campaign finance disclosure report contains errors or omissions, this bill requires the Department of State to provide notice of the alleged deficiencies to the committee or party treasurer that submitted the report. The committee or party treasurer, upon receipt of this notice, may request the postponement of the hearing on the complaint and has 15 business days to file an addendum to the report to correct the deficiencies. No penalty is assessed if the addendum to correct the deficiencies is submitted within 15 days. Upon receipt of this addendum, a hearing by an administrative law judge must be set within 30 days to determine if all issues in the complaint have been resolved. The ability to postpone the hearing and to submit an addendum to fix errors or omissions applies only in cases of a good faith effort by a committee or party treasurer to make timely campaign finance disclosures or for disclosures that are in substantial compliance with statutory disclosure requirements.



01:40 PM --
Suzanne Staiert, Deputy Secretary of State, testified in support of the bill.



01:43 PM --
Tyler Hart, representing herself, testified in support of the bill.



01:45 PM --
Mario Nicolais, representing himself, testified in support of the bill. He provided a letter in support of the bill (Attachment A).



17SenateState0410AttachA.pdf17SenateState0410AttachA.pdf















01:48 PM



Ms. Staiert responded to committee member questions.



01:55 PM --
Chris Murray, representing the Colorado Republican Party, testified in support of the bill.



01:58 PM --
Peg Perl, representing Colorado Ethics Watch, testified in support of the bill and responded to committee member questions.





02:03 PM



Senator Gardner responded to committee member questions.



02:07 PM --
Jessica LeRoux, representing herself, testified on the bill and responded to committee member comments.





02:16 PM



Senator Gardner wrapped up his presentation of the bill. Committee members discussed the bill with Senator Gardner.

BILL: HB17-1155
TIME: 02:22:13 PM
MOVED: Court
MOTION: Refer House Bill 17-1155 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





02:23 PM



The committee recessed.





















02:23 PM -- HB17-1223



The committee reconvened.



Senator Jahn and Senator Neville, co-prime sponsors, presented House Bill 17-1223 to the committee and provided a handout (Attachment B). Recommended by the Legislative Audit Committee, this bill directs the Office of the State Auditor (OSA) to establish and administer a telephone number, fax number, email address, mailing address, or internet-based form to allow people to report allegations of fraud committed by a state employee or state contracted individual. No person who submits an allegation of fraud to the hotline is required to submit their name or contact information, and the OSA cannot publically disclose the identity of any individual who contacts the hotline without express permission. This restriction does not apply when the OSA makes a disclosure to a law enforcement agency, a district attorney, the Attorney General in connection with a criminal investigation or fraud by a Medicaid provider or contractor, or the Department of Health Care Policy and Financing in cases involving a Medicaid recipient.



17SenateState0410AttachB.pdf17SenateState0410AttachB.pdf



After an initial screening of a fraud allegation, the OSA must consult and coordinate with the affected state agency. After receiving a referral from the OSA, it is the responsibility of the state agency to take appropriate action in response to the referral and report back to the OSA. At the request of a state agency, the OSA can either participate in or conduct an investigation of a hotline call. In these cases, the following requirements apply:



• at all times the OSA has access to all of the information maintained by the agency directly related to the scope of the investigation;

• the OSA must report the results of the investigation to the head of the affected agency;

• if the investigation finds evidence of alleged fraud that exceeds $100,000, the OSA must report the results of the investigation to the Legislative Audit Committee; and

• the OSA must immediately report any illegal transactions or misuse or embezzlement of public funds or property to a law enforcement agency, a district attorney, or the Attorney General.



The OSA is required to publicize the existence and purpose of the hotline on the official its official website. Additionally, the OSA must prepare and maintain workpapers to document the purpose and activities of their office in connection with hotline calls and investigations. Commencing in FY 2018-19, the OSA must prepare an annual report to the Legislative Audit Committee summarizing activity related to the fraud hotline. No disciplinary action can be taken against a state employee or employee of an entity under contract with the state for the disclosure of information to the fraud hotline. This does not apply to an employee who disclosed false information.



































02:28 PM



Senators Neville and Jahn wrapped up their presentation of the bill.

BILL: HB17-1223
TIME: 02:28:46 PM
MOVED: Court
MOTION: Refer House Bill 17-1223 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
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:29 PM -- HB17-1150



Senator Hill, sponsor, presented House Bill 17-1150 to the committee. This bill prohibits a court from granting bail for individuals awaiting sentencing or appeal if they have been convicted of stalking or a felony for which an act of domestic violence was the underlying factual basis. Senator Hill provided a fact sheet on stalking (Attachment C).



17SenateState0410AttachC.pdf17SenateState0410AttachC.pdf



02:32 PM --
Scott Turner, representing the Office of the Attorney General, the Colorado Organization for Victim Assistance, the County Sheriffs of Colorado, and the Colorado District Attorneys' Council, testified in support of the bill.



02:36 PM --
Joy Mitchell, representing the 4th Judicial District Attorney's Office, testified in support of the bill.



02:39 PM --
Jessica Dotter, representing the 4th Judicial District Attorney's Office, testified in support of the bill.























02:43 PM --
Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill.



02:45 PM --
Tara Mallett, representing the 4th Judicial District Attorney's Office, testified in support of the bill and read testimony in support of the bill from Isabelle Wolf.





02:50 PM



Senator Hill wrapped up his presentation of the bill.

BILL: HB17-1150
TIME: 02:51:31 PM
MOVED: Hill
MOTION: Refer House Bill 17-1150 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





02:52 PM



The committee adjourned.


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