Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

S_SA_2017A 05/04/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 05/04/2017
ATTENDANCE
Time: 10:40 AM to 02:06 PM
Fenberg
X
Smallwood
X
Place: SCR 352
Williams A.
X
Scott
*
This Meeting was called to order by
Sonnenberg
X
Senator Sonnenberg
This Report was prepared by
Julia Jackson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1192

HB17-1312

HB17-1323

HB17-1308

HB17-1338

HB17-1095

HB17-1303

HB17-1121

HB17-1350

HB17-1119

HB17-1231

HB17-1259
Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Postponed Indefinitely

Amended, Referred to Senate Appropriations

Postponed Indefinitely

Postponed Indefinitely

Amended, Referred to Senate Finance

Witness Testimony and/or Committee Discussion Only

Postponed Indefinitely





10:40 AM -- HB17-1192



Senator Coram, co-prime sponsor, reminded the committee of its hearing on House Bill 17-1192, concerning the Colorado Food Systems Advisory Council, on May 3, 2017.



10:42 AM --
Chris Wiseman, Deputy Commissioner of Agriculture, testified on the bill and responded to committee member questions.
































BILL: HB17-1192
TIME: 10:44:41 AM
MOVED: Fenberg
MOTION: Refer House Bill 17-1192 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1192
TIME: 10:45:18 AM
MOVED: Smallwood
MOTION: Postpone House Bill 17-1192 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
Fenberg
No
Smallwood
Yes
Williams A.
No
Scott
Yes
Sonnenberg
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





































10:46 AM -- HB17-1312



Senator Martinez Humenik and Senator Moreno, co-prime sponsors, presented House Bill 17-1312 to the committee. When a written rental agreement is in place, the bill requires the landlord of a residential premise to provide each tenant with a copy of the executed rental agreement within seven days of it being signed. Upon receiving any payment made by a tenant, the landlord must also provide the tenant with a receipt. Both documents can be provided electronically, unless a tenant requests a paper copy.



10:50 AM --
Ed Shackelford, representing the Colorado Senior Lobby, testified in support of the bill.



10:51 AM --
Aubrey Hasvold, representing the Colorado Coalition for the Homeless, testified in support of the bill and provided two handouts to the committee (Attachments A and B).



17SenateState0504AttachA.pdf17SenateState0504AttachA.pdf 17SenateState0504AttachB.pdf17SenateState0504AttachB.pdf



10:53 AM --
Jack Regenbogen, representing the Colorado Center on Law and Policy, testified in support of the bill.





10:56 AM



Senators Martinez Humenik and Moreno wrapped up their presentation of the bill.

BILL: HB17-1312
TIME: 10:59:06 AM
MOVED: Fenberg
MOTION: Refer House Bill 17-1312 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




















BILL: HB17-1312
TIME: 10:59:24 AM
MOVED: Scott
MOTION: Postpone House Bill 17-1312 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
Fenberg
No
Smallwood
Yes
Williams A.
No
Scott
Yes
Sonnenberg
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:59 AM -- HB17-1323



Senator Cooke and Senator Garcia presented House Bill 17-1323 to the committee. The reengrossed bill makes several requirements of the Colorado Public Utilities Commission (PUC) in the Department of Regulatory Agencies (DORA) related to ethics.



Commissioner ethics and rule requirements. Effective July 1, 2017, a commissioner:



• may not be eligible for appointment if he or she has served as an officer or director of any PUC-regulated entity within the immediately preceding four years;

• must not have any official relationship to, or active financial interest in, any PUC-regulated entity.



A commissioner's office becomes vacant if he or she acquires a financial interest in a person subject to PUC regulation unless he or she divests himself of the interest within a reasonable amount of time.



Additionally, the bill requires the PUC to adopt rules that set forth PUC policy on conflicts of interest, incompatible activities, and limitations on ex parte communications, and require the meetings, conferences, and programs that commissioners and staff may attend to be consistent with these rules.



Staff training. The PUC director may authorize PUC employees to undertake training and development opportunities. Specifically, the bill references training with agencies that undertake coordinated activities with the PUC, such as the Colorado Energy Office, the Air Quality Control Commission, the Department of Public Health and Environment, and the Colorado Water Conservation Board.

























Recordings and audits. The bill requires the PUC director to keep a record of PUC proceedings, and to post audio recordings and other official records as required by law online for public access. DORA's executive director may periodically request a performance audit of the PUC and its staff and operations, to be conducted by the Office of the State Auditor.



Senator Cooke presented amendment L.012 (Attachment C) and amendment L.011 (Attachment D).



17SenateState0504AttachC.pdf17SenateState0504AttachC.pdf 17SenateState0504AttachD.pdf17SenateState0504AttachD.pdf



Committee members discussed the bill with the sponsors.

BILL: HB17-1323
TIME: 11:19:24 AM
MOVED: Sonnenberg
MOTION: Adopt amendment L.011 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Fenberg
Smallwood
Williams A.
Scott
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1323
TIME: 11:19:39 AM
MOVED: Sonnenberg
MOTION: Adopt amendment L.012 (Attachment C). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Fenberg
No
Smallwood
Yes
Williams A.
Yes
Scott
No
Sonnenberg
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS






BILL: HB17-1323
TIME: 11:20:13 AM
MOVED: Sonnenberg
MOTION: Refer House Bill 17-1323, as amended, to the Committee on Finance The motion failed on a vote of 1-4.
SECONDED:
VOTE
Fenberg
No
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
No
YES: 1 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1323
TIME: 11:20:43 AM
MOVED: Scott
MOTION: Postpone House Bill 17-1323 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 4-1.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
Yes
Williams A.
No
Scott
Yes
Sonnenberg
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





































11:21 AM -- HB17-1308



Senator Cooke, co-prime sponsor, presented House Bill 17-1308 to the committee. This bill removes the mandatory imposition of certain parole conditions. Under the bill:



• the State Parole Board (Board) is no longer required to fix the manner and time of payment of restitution as a condition of every parole and instead, parolees will follow the conditions imposed by the court;

• a parolee is required to notify his or her community parole officer prior to a change of residence rather than obtaining his or her knowledge and consent prior to moving;

• the requirement that every parolee submit to urinalysis or other drug tests is removed;

• the requirement that every parolee obtain the permission of his or her community parole officer prior to having contact with another inmate, parolee, probationer, or person with a prior criminal history is removed; and

• the Board is no longer required to direct every parolee, at his or her own expense, to submit to random chemical testing to determine the presence of drugs or alcohol.

BILL: HB17-1308
TIME: 11:21:57 AM
MOVED: Scott
MOTION: Refer House Bill 17-1308 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
Fenberg
Yes
Smallwood
Yes
Williams A.
Yes
Scott
Yes
Sonnenberg
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS















































11:23 AM -- HB17-1338



Senator Marble and Senator Kagan, co-prime sponsors, presented House Bill 17-1338 to the committee. This reengrossed bill establishes procedures related to a defendant held in jail due to a municipal hold.

BILL: HB17-1338
TIME: 11:24:18 AM
MOVED: Fenberg
MOTION: Refer House Bill 17-1338 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 3-0, with 2 members excused.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
Excused
Williams A.
Excused
Scott
Yes
Sonnenberg
Yes
Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS





11:25 AM -- HB17-1095



Senator Kagan, sponsor, presented House Bill 17-1095 to the committee. This reengrossed bill authorizes and provides guidelines for licensed private investigators to enter a common interest community for the purpose of serving process if the community is staffed by one or more security personnel. Licensed private investigators allowed access to such communities are prohibited from using this access to perform investigative duties. Common interest communities not staffed by security personnel and property managers of multi-unit residential communities that restrict access to the community are required to adopt and implement procedures allowing for the service of process in the community. Homeowner association or community association managers and landlords are not civilly liable for any damage caused by a process server, unless the damages are attributable to negligence or omission by the manager or landlord.



11:26 AM --
Steve Glenn, representing himself, testified in support of the bill.





































11:30 AM



Senator Kagan and Mr. Glenn discussed amendment L.009 (Attachment E) with the committee.



17SenateState0504AttachE.pdf17SenateState0504AttachE.pdf

BILL: HB17-1095
TIME: 11:33:37 AM
MOVED: Fenberg
MOTION: Adopt amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Fenberg
Smallwood
Williams A.
Scott
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1095
TIME: 11:33:52 AM
MOVED: Fenberg
MOTION: Refer House Bill 17-1095, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




















BILL: HB17-1095
TIME: 11:34:04 AM
MOVED: Scott
MOTION: Postpone House Bill 17-1095 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
Fenberg
No
Smallwood
Yes
Williams A.
No
Scott
Yes
Sonnenberg
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





11:35 AM -- HB17-1303



Senator Kagan, sponsor, presented House Bill 17-1303. This bill repeals and reenacts, with amendments, statutes related to state and district commissions on judicial performance. While some of the statutes are streamlined and common commission duties are combined, the bill makes statutory changes concerning commission membership and appointment, judicial evaluations, and data gathering and reporting.



11:36 AM -- Kent Wager, representing the State Judicial Performance Commission, testified in support of the bill.



11:37 AM --
Chris Forsyth, representing the Judicial Integrity Project, testified against the bill.





11:40 AM



Mr. Forsyth and Mr. Wagner responded to committee member questions.







































11:45 AM



Senator Gardner, co-prime sponsor, wrapped up his presentation of the bill. He presented amendment L.029 (Attachment F).



17SenateState0504AttachF.pdf17SenateState0504AttachF.pdf

BILL: HB17-1303
TIME: 11:46:27 AM
MOVED: Scott
MOTION: Adopt amendment L.029 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Fenberg
Smallwood
Williams A.
Scott
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL: HB17-1303
TIME: 11:46:41 AM
MOVED: Scott
MOTION: Refer House Bill 17-1303, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
Yes
Williams A.
Yes
Scott
Yes
Sonnenberg
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





















11:48 AM -- HB17-1121



Senator Todd, sponsor, presented House Bill 17-1121. Beginning July 1, 2018, the reengrossed bill requires current licensees and certificate holders and future applicants for initial licensure or certification to submit to a criminal history record check in the following professions:



• podiatrists;

• dentists and dental hygienists;

• medical doctors, physician assistants, and anesthesiologists;

• nurses;

• certified nurse aides;

• optometrists; and

• veterinarians.



After receiving the findings of the criminal history record check, a regulatory board in the Department of Regulatory Agencies (DORA) may deny licensure or certification if an applicant was convicted of, pled guilty or nolo contendere to, or received a deferred sentence, in any state, to any of the following charges:



• unlawful sexual behavior;

• the transfer of any controlled substance from a permissible to an illicit channel of distribution or use; or

• the transfer of a substance with effects similar to the effects of a controlled substance from a permissible to an illicit channel or distribution or use.



The bill repeals the current "Nurse Licensure Compact" and adopts the "Enhanced Nurse Licensure Compact". Applicants under the Enhanced Nurse Licensure Compact must comply with disclosure requirements under the "Medical Transparency Act of 2010". The new compact requires background checks and allows nurses under the compact to provide telehealth nursing services. The bill eliminates the nurse alternative to discipline program. The bill also requires an employer to report any action that results in the termination of a certified nurse aide (CNA), including resignation in lieu of termination, to the Nursing Board within 30 days. An employer that fails to report such termination may be fined $500 to $5,000 per violation.



Senator Todd discussed amendment L.013 (Attachment G).



17SenateState0504AttachG.pdf17SenateState0504AttachG.pdf



11:54 AM --
Doug Farmer, representing the Colorado Health Care Association, testified against the bill.



11:56 AM --
Amber Burkhart, representing the Colorado Hospital Association, testified against the bill.



11:57 AM --
Joe Neguse, Executive Director of DORA, testified in support of the bill.

























12:01 PM



Senator Todd wrapped up her presentation of the bill.

BILL: HB17-1121
TIME: 12:04:26 PM
MOVED: Fenberg
MOTION: Adopt amendment L.013 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Fenberg
Smallwood
Williams A.
Scott
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1121
TIME: 12:04:39 PM
MOVED: Fenberg
MOTION: Refer House Bill 17-1121, as amended, to the Committee on Finance. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























BILL: HB17-1121
TIME: 12:04:56 PM
MOVED: Scott
MOTION: Postpone House Bill 17-1121 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
Fenberg
No
Smallwood
Yes
Williams A.
No
Scott
Yes
Sonnenberg
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





12:05 PM -- HB17-1350



Senator Jahn and Senator Smallwood, co-prime sponsors, requested that House Bill 17-1350 be postponed indefinitely. The reengrossed bill allows a pharmacist filling a prescription for a schedule II controlled substance, such as an opioid, to dispense the drug in smaller increments when the partial fill is requested by the patient or practitioner who wrote the prescription and the total amount dispensed through incremental fillings does not exceed the total quantity prescribed.






















































BILL: HB17-1350
TIME: 12:06:25 PM
MOVED: Smallwood
MOTION: Postpone House Bill 17-1350 indefinitely. The motion passed on a vote of 4-0, with 1 member excused.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
Yes
Williams A.
Excused
Scott
Yes
Sonnenberg
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





12:07 PM -- HB17-1119



Senator Jahn, co-prime sponsor, presented House Bill 17-1119 to the committee. This reengrossed bill creates the Uninsured Employer Board (board) and the Colorado Uninsured Employer Fund (fund) in the Division of Workers' Compensation (division) of the Colorado Department of Labor and Employment (CDLE). The board oversees the fund, which is designed to pay benefits to injured workers whose employers do not have workers' compensation insurance beginning January 1, 2020.



Uninsured Employer Board. The board must adopt a plan of operation by September 1, 2018, including procedures for carrying out the board's powers and duties, for reimbursing board members, for filing claims, for pursuing actions against uninsured employers, and for contracting with third-party administrators. The board, its agents, or its employees are immune from civil liability in the performance of their duties.



Colorado Uninsured Employer Fund. The fund consists of fines collected from employers failing to carry workers' compensation insurance; other civil penalties, fines, and revenue collected by the division; and any appropriations made to the fund, including earned interest. The bill specifies that, in some instances, penalty revenue from workers' compensation insurance violations go to the fund rather than the Workers' Compensation Cash Fund, the Subsequent Injury Cash Fund, or the General Fund. The fund is authorized to accept gifts, grants, and donations. It is exempt from the statutory limits on uncommitted reserves. The bill establishes procedures for payment of benefits from the fund and collection of benefits from employers whose employees file covered claims with the fund. A performance audit of the fund must be completed by June 1, 2022.

































The bill also allows CDLE, in certain circumstances, to enter into settlement agreements with employers who violate sections of workers' compensation law and to negotiate fines lower than the minimum amount. This provision of statute is subject to a sunset review before July 1, 2022.



Senator Jahn discussed amendment L.010 (Attachment H).



17SenateState0504AttachH.pdf17SenateState0504AttachH.pdf



12:11 PM --
Sonia Guenther, representing the Workers' Compensation Coalition, testified against the bill.



12:16 PM --
Tony Gagliardi, representing the National Federation of Independent Business, testified in support of the bill.



12:19 PM --
Edie Sonn, representing Pinnacol Assurance, testified in support of the bill.





12:22 PM



Mr. Gagliardi and Ms. Sonn responded to committee member questions.



12:31 PM --
Shelley Dodge, representing the Worker's Compensation Education Association, testified in support of the bill.



12:33 PM --
Mark Larson, representing the Colorado Wyoming Petroleum Marketers Association, testified in support of the bill and amendment L.010.



12:34 PM --
Nicholas Colglazier, representing the Colorado Competitive Council, testified in support of the bill.



12:36 PM --
Pat Teegarden, representing CDLE, testified in support of the bill.



12:38 PM --
Paul Tauriello, representing the CDLE Workers' Compensation Division, testified in support of the bill.



12:41 PM --
Kjersten Forseth, representing the Colorado AFL-CIO, testified on the bill from a neutral position.





12:44 PM



Mr. Tauriello responded to committee member questions.

























12:52 PM



Senator Jahn wrapped up her presentation of the bill.

BILL: HB17-1119
TIME: 12:55:32 PM
MOVED: Scott
MOTION: Adopt amendment L.010 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Fenberg
Smallwood
Williams A.
Scott
Sonnenberg
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1119
TIME: 12:57:42 PM
MOVED: Scott
MOTION: Refer House Bill 17-1119, as amended, to the Committee on Finance The motion passed on a vote of 3-2.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:01 PM -- HB17-1231



The committee recessed.



















01:17 PM



The committee reconvened.



Senator Smallwood, co-prime sponsor, presented House Bill 17-1231 to the committee. This bill reorganizes and relocates statutes related to financial examinations and market conduct examinations of insurance companies into separate parts of Title 10 of the Colorado Revised Statutes and makes conforming amendments.



01:19 PM --
Julie Mowry, representing State Farm Insurance, testified in support of the bill.



01:20 PM --
Rob Southey, representing Bankers Insurance Company, testified against the bill.



01:27 PM --
Peg Brown, representing the Division of Insurance, testified in support of the bill.



01:30 PM --
Damion Hughes, representing the Division of Insurance, testified in support of the bill.





01:30 PM



Ms. Brown and Mr. Hughes responded to committee member questions.





01:47 PM



Senator Smallwood further discussed the bill. The bill was laid over for action only on May 8, 2017.





01:49 PM -- HB17-1259



Senator Fenberg, sponsor, presented House Bill 17-1259 to the committee. This bill, as amended by the House State Veterans and Military Affairs committee, clarifies in statute that no candidate or candidate committee can establish, finance, or maintain an independent expenditure committee to receive or make contributions for or against any candidate for the same district office or for the same statewide office.



Committee members discussed the bill with Senator Fenberg.



01:54 PM --
Peg Perl, representing Colorado Ethics Watch, testified in support of the bill.



01:57 PM --
Elena Nunez, representing Colorado Common Cause, testified in support of the bill.





01:59 PM



Ms. Perl responded to committee member questions.

























02:03 PM



Senator Fenberg wrapped up his presentation of the bill.

BILL: HB17-1259
TIME: 02:05:44 PM
MOVED: Fenberg
MOTION: Refer House Bill 17-1259 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Fenberg
Yes
Smallwood
No
Williams A.
Yes
Scott
No
Sonnenberg
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB17-1259
TIME: 02:06:03 PM
MOVED: Scott
MOTION: Postpone House Bill 17-1259 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
Fenberg
No
Smallwood
Yes
Williams A.
No
Scott
Yes
Sonnenberg
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:06 PM



The committee adjourned.


COVID-19 Resources
2021 Ballot Information Booklet (Blue Book)
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.