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H_HIE_2016A 02/11/2016 01:32:00 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date: 02/11/2016
ATTENDANCE
Time: 01:32 PM to 07:09 PM
Brown
X
Buckner
X
Place: RM 271
Esgar
X
Humphrey
X
This Meeting was called to order by
Joshi
X
Representative McCann
Klingenschmitt
X
Landgraf
X
This Report was prepared by
Lontine
X
Amanda King
Primavera
X
Ransom
X
Ryden
X
Ginal
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1137

HB16-1113
Postponed Indefinitely

Postponed Indefinitely





01:33 PM -- HB 16-1137



Representative McCann called the meeting to order. The committee resumed hearing testimony on House Bill 16-1137, concerning a requirement that certain packaged nicotine products offered for sale in this state have a conspicuously placed warning label on the package stating that the product contains nicotine. The committee previously heard testimony on the bill on February 9, 2016. At the previous hearing on the bill, amendments L.002, L.003, and L.004 (Attachments A, B, and C) were distributed.



160211 AttachA.pdf160211 AttachA.pdf160211 AttachB.pdf160211 AttachB.pdf160211 AttachC.pdf160211 AttachC.pdf



01:35 PM --
Chris Bui, Denver Public Health, testified in support of the bill.



01:37 PM --
Lisa Van Raemdonck, Colorado Association of Local Public Health Officials, testified in support of the bill. Ms. Van Raemdonck answered questions from the committee



01:41 PM --
Gabriel Kaplan, Colorado Department of Public Health and Environment, testified in support of the bill. Mr. Kaplan answered questions from the committee.



01:53 PM --
Katharine York, Boosted LLC and Smoke Free Alternatives Trade Association, testified in opposition to the bill. Ms. York answered questions from the committee.









02:10 PM --
Ian Firth, Cloud Provisions, testified in opposition to the bill. He provided a handout to the committee (Attachment D). Mr. Firth answered questions from the committee.



160211 AttachD.pdf160211 AttachD.pdf



02:20 PM --
Mike Weber, Colorado Vape Association and Mistery Vapor Bar, testified in opposition to the bill. Mr. Weber answered questions from the committee.



02:36 PM



Representative Klingenschmitt answered questions from the committee.



02:38 PM



Jennifer Berman, Office of Legislative Legal Services, answered questions from the committee.



02:41 PM --
David Yoshikawn, Vapergate, testified in opposition to the bill. Mr. Yoshikawn answered questions from the committee.



02:44 PM --
Wilson Croom, Colorado Association of Distributors, testified in opposition to the bill. Mr. Croom answered questions from the committee.



02:50 PM



Ms. Berman answered questions from the committee.



02:53 PM --
Justus Bernal, representing himself, testified on the bill. Mr. Bernal answered questions from the committee.



03:00 PM



Representative Klingenschmitt discussed amendment L.002 and L.005 (Attachment E). Representative Ryden discussed amendment L.005. Committee discussion ensued.



160211 AttachE.pdf160211 AttachE.pdf



03:05 PM --
Ms. York returned to the table to answer additional questions from the committee.





03:08 PM



Representative Ryden answered questions about amendment L.005. Committee discussion about amendment L.005 continued.

BILL: HB16-1137
TIME: 03:12:22 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.002 (Attachment A). Because amendment L.005 was adopted, no vote was taken on this motion.
SECONDED: Brown
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL: HB16-1137
TIME: 03:13:32 PM
MOVED: Ryden
MOTION: Adopt amendment L.005 (Attachment E), as a substitute motion to adopting amendment L.002. The motion passed on a vote of 8-5.
SECONDED: Ginal
VOTE
Brown
No
Buckner
No
Esgar
Yes
Humphrey
Yes
Joshi
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Primavera
Yes
Ransom
Yes
Ryden
Yes
Ginal
Yes
McCann
No
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:16 PM



Representative Klingenschmitt discussed amendment L.003.

BILL: HB16-1137
TIME: 03:17:05 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED: Lontine
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







03:17 PM



Representative Klingenschmitt discussed amendment L.004.

BILL: HB16-1137
TIME: 03:17:41 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED: Humphrey
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:19 PM



Representative Klingenschmitt discussed amendment L.006 (Attachment F).



160211 AttachF.pdf160211 AttachF.pdf

BILL: HB16-1137
TIME: 03:20:21 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.006 (Attachment F). The motion passed without objection.
SECONDED: Ginal
VOTE
Brown
Buckner
Esgar
Humphrey
Joshi
Klingenschmitt
Landgraf
Lontine
Primavera
Ransom
Ryden
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



03:21 PM



Committee members commented on the bill.





03:28 PM



Representative Klingenschmitt made concluding remarks about the bill. Representative McCann commented on the bill.

BILL: HB16-1137
TIME: 03:31:54 PM
MOVED: Klingenschmitt
MOTION: Refer House Bill 16-1137, as amended, to the Committee of the Whole. The motion failed on a vote of 4-9.
SECONDED: Lontine
VOTE
Brown
No
Buckner
No
Esgar
No
Humphrey
No
Joshi
No
Klingenschmitt
Yes
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
No
Ginal
No
McCann
Yes
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1137
TIME: 03:33:52 PM
MOVED: Landgraf
MOTION: Postpone House Bill 16-1137 indefinitely. The motion passed on a vote of 12-1.
SECONDED: Ryden
VOTE
Brown
Yes
Buckner
Yes
Esgar
Yes
Humphrey
Yes
Joshi
Yes
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Primavera
Yes
Ransom
Yes
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:34 PM -- HB 16-1113



Representative Humphrey presented House Bill 16-1113. The bill prohibits licensed physicians from performing abortions except:

      • when making reasonable medical efforts to preserve both the life of the woman and her unborn child, and an abortion is necessary to preserve the life of the woman; or
      • when the physician provides medical treatment to a woman that results in the accidental injury or death of the unborn child.



Offenses under the bill are punishable as a class 1 felony, and a conviction constitutes unprofessional conduct for the purposes of physician licensing.



03:51 PM



Representative Humphrey answered questions from the committee. Representative Klingenschmitt provided a handout (Attachment G) to the committee. Committee discussion about the bill ensued.



160211 AttachG.pdf160211 AttachG.pdf

















04:00 PM --
Pastor Jason Walker, representing himself, testified in support of the bill. He provided a handout (Attachment H) to the committee. Pastor Walker answered questions from the committee.



160211 AttachH.pdf160211 AttachH.pdf



04:04 PM



Committee discussion ensued.



04:04 PM --
Pastor Theodore Groth, representing himself, testified in support of the bill. Pastor Groth answered questions from the committee. Representative Humphrey responded to questions from the committee and discussion ensued.



04:21 PM



Pastor Groth and Pastor Walker continued to respond to questions from the committee concerning the bill.



04:23 PM --
Connie Weiskopf, representing herself, testified in support of the bill.



04:29 PM --
Yvonne Williams, representing Care Net, testified in support of the bill.



04:31 PM



Ms. Weiskopf and Ms. Williams responded to questions from the committee. Representative Klingenschmitt referenced a handout (Attachment I) that he provided to the committee.



160211 AttachI.pdf160211 AttachI.pdf



04:38 PM --
Stephen Meswarb, American Civil Liberties Union of Colorado, testified in opposition to the bill.



04:40 PM --
Elisa Moran, Anti-Defamation League, testified in opposition to the bill.



04:44 PM



Ms. Moran and Mr. Meswarb answered questions from the committee.



04:49 PM --
Karen Middleton, NARAL Pro-Choice Colorado, testified in opposition to the bill.



04:51 PM --
Reverend Amanda Henderson, The Interfaith Alliance, testified in opposition to the bill.



04:53 PM



Rev. Henderson and Ms. Middleton answered questions from the committee. Representative Joshi commented on House Bill 16-1007, concerning offenses against an unborn child.











05:01 PM



Rev. Henderson and Ms. Middleton answered question from the committee. Representative Humphrey made comments.



05:09 PM --
Ed Hanks, Colorado Right to Life, testified in support of the bill. Mr. Hanks answered questions from the committee. Committee discussion ensued.



05:20 PM



Mr. Hanks answered questions from the committee.



05:28 PM --
Dr. Emily Schneider, representing herself, testified in opposition to the bill. She provided a handout (Attachment J) to the committee.



160211 AttachJ.pdf160211 AttachJ.pdf



05:31 PM --
Dr. Aaron Lazorwitz, representing himself, testified in opposition to the bill. He provided a handout (Attachment K) to the committee.



160211 AttachK.pdf160211 AttachK.pdf



05:33 PM



Dr. Schneider and Dr. Lazorwitz answered questions from the committee.



05:42 PM --
Austin Mullins, representing himself, testified in support of the bill. Mr. Mullins answered questions from the committee.



05:46 PM --
Reverend Greg Garland, United Church of Broomfield, testified in opposition to the bill. Rev. Garland answered questions from the committee.



05:55 PM --
Lisa Koets, representing Life Choices, testified in support of the bill. Ms. Koets answered questions from the committee.



06:04 PM --
Linda Petkash, representing herself, testified in support of the bill. Ms. Petkash answered questions from the committee.



06:09 PM --
Leslie Chomic, League of Women Voters of Colorado, testified in opposition to the bill. Ms. Chomic answered questions from the committee.



06:13 PM --
Rick Theilen, representing Life Choices, testified in support of the bill. Mr. Theilan answered questions from the committee.















06:19 PM --
Sheryll Bolton, representing Life Choices, testified in support of the bill. She provided a handout (Attachment L) to the committee. Ms. Bolton answered questions from the committee.



160211 AttachL.pdf160211 AttachL.pdf



06:27 PM --
Scott Horak, representing himself, testified in support of the bill. Mr. Horak answered questions from the committee.



06:35 PM --
Christy Rodriguez, Colorado Citizens for Life, testified in support of the bill. She referenced the large number of petitions supporting the bill she had received. Ms. Rodriguez answered questions from the committee.



06:40 PM



Representative McCann announced that a statement of support from Aaron Robertson (Attachment M) had been distributed to the committee.



160211 AttachM.pdf160211 AttachM.pdf



06:41 PM



Representative Humphrey made concluding remarks about the bill. The committee members made comments on the bill.





07:05 PM



Representative Humphrey made additional comments about the bill.

BILL: HB16-1113
TIME: 07:06:51 PM
MOVED: Humphrey
MOTION: Refer House Bill 16-1113 to the Committee on Appropriations. The motion failed on a vote of 6-7.
SECONDED: Klingenschmitt
VOTE
Brown
Yes
Buckner
No
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB16-1113
TIME: 07:08:00 PM
MOVED: Ginal
MOTION: Postpone House Bill 16-1113 indefinitely. The motion passed on a vote of 7-6.
SECONDED: Esgar
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:09 PM



The committee adjourned.




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