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H_PHC_2017A 03/28/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date: 03/28/2017
ATTENDANCE
Time: 01:40 PM to 04:21 PM
Catlin
X
Everett
X
Place: HCR 0107
Ginal
X
Hooton
X
This Meeting was called to order by
Landgraf
X
Representative Singer
Lewis
X
Liston
X
This Report was prepared by
Michaelson Jenet
X
Anne Wallace
Pabon
X
Pettersen
*
Ransom
X
Danielson
X
Singer
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1253

HB17-1280
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





01:40 PM -- HB 17-1253



Representative Danielson, bill sponsor, presented House Bill 17-1253 to the committee. The bill requires certain financial professionals to report to the securities commissioner (commissioner) if they believe an at-risk person (covered adult) is being financially exploited, except that for mandatory reporters, making such a report does not satisfy the current law requirement to report directly to local law enforcement. The commissioner must forward any reports to local law enforcement and the county department of human or social services. The commissioner may access records for purposes of investigations, but may not release them under an open records request.



Financial professionals may notify any third party previously designated by or reasonably associated with the covered adult when he or she believes financial exploitation has occurred, except when that designated party is suspected of financial exploitation or other abuse of the covered adult. The bill provides for delayed disbursements of moneys and other protective services under specified circumstances and immunity from administrative or civil liability when a financial professional makes a disclosure when acting in good faith and exercising reasonable care to protect the information.



01:47 PM --
Connie Rettig, representing herself, testified in support of the bill. Ms. Rettig responded to questions from the committee.



01:53 PM --
Joe Neguse, Department of Regulatory Agencies, testified in support of the bill.











01:56 PM --
Gerald Rome, Division of Securities, Department of Regulatory Agencies, testified in support of the bill. Mr. Rome responded to questions from the committee.



02:10 PM --
Scott Turner, Office of the Attorney General, testified in support of the bill. Mr. Turner responded to questions from the committee.



02:13 PM --
Tim Lane, Colorado District Attorneys' Council, testified in support of the bill. Mr. Lane responded to questions from the committee.



02:32 PM --
John Bunting, representing himself, testified in support of the bill and distributed a handout (Attachment A) to the committee. Mr. Bunting responded to questions from the committee.



170328 AttachA.pdf170328 AttachA.pdf



02:35 PM --
Cary Johnson, 1st Judicial District Attorney's Office, testified in support of the bill. Mr. Johnson responded to questions from the committee.



02:47 PM --
Kim Chamberlain, Securities Industry and Financial Markets Association, testified in support of the bill and distributed a handout (Attachment B).



170328 AttachB.pdf170328 AttachB.pdf



02:51 PM --
Dennis Valentine, American Association of Retired Persons, testified in support of the bill. Mr. Valentine responded to questions from the committee.



02:58 PM --
Mindy Kemp, Colorado Department of Human Services, testified in support of the bill. Ms. Kemp responded to questions from the committee.



03:05 PM



Mr. Rome returned to the table to respond to questions from the committee.



03:07 PM --
Ed Shackelford, Colorado Senior Lobby, testified in support of the bill. Mr. Shackelford responded to questions from the committee.



03:10 PM --
Christina Johnson, Colorado Senior Lobby and the Colorado Commission on Aging, testified in support of the bill.



03:17 PM --
Natalie Wood, Bell Policy Center, testified in support of the bill and distributed a handout (Attachment C).



170328 AttachC.pdf170328 AttachC.pdf













03:21 PM --
Kathleen Owings, National Association of Insurance and Financial Advisors, testified in opposition to the bill. Ms. Owings responded to questions from the committee.



03:28 PM



Representative Liston distributed amendment L.001 (Attachment D) and explained it to the committee.



170328 AttachD.pdf170328 AttachD.pdf

BILL: HB17-1253
TIME: 03:32:00 PM
MOVED: Liston
MOTION: Adopt amendment L.001 (Attachment D). The motion failed on a vote of 6-7.
SECONDED: Everett
VOTE
Catlin
Yes
Everett
Yes
Ginal
No
Hooton
No
Landgraf
Yes
Lewis
Yes
Liston
Yes
Michaelson Jenet
No
Pabon
No
Pettersen
No
Ransom
Yes
Danielson
No
Singer
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL







03:38 PM



Representative Danielson gave concluding remarks on the bill. Committee members commented on the bill.

BILL: HB17-1253
TIME: 03:48:33 PM
MOVED: Danielson
MOTION: Refer House Bill 17-1253 to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED: Pettersen
VOTE
Catlin
No
Everett
No
Ginal
Yes
Hooton
Yes
Landgraf
No
Lewis
No
Liston
No
Michaelson Jenet
Yes
Pabon
Yes
Pettersen
Yes
Ransom
No
Danielson
Yes
Singer
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:49 PM -- HB 17-1280



Representative Michaelson Jenet and Representative Young, bill sponsors, presented House Bill 17-1280 to the committee. The bill updates current law concerning disability trusts in order to conform with federal law. It clarifies that the beneficiary of a disability trust can also be the person who established the trust.



Amendments L.001 and L.002 (Attachments E and F) were distributed to the committee.



170328 AttachE.pdf170328 AttachE.pdf170328 AttachF.pdf170328 AttachF.pdf



03:56 PM



The bill sponsors responded to committee questions.



03:59 PM --
Marijo Rymer, The Arc of Colorado, testified in support of the bill













04:02 PM --
Daniel O'Canas, representing himself, testified in support of the bill.



04:06 PM --
Rose Mary Zapor, Colorado Bar Association, testified in support of the bill. Ms. Zapor responded to questions from the committee.

BILL: HB17-1280
TIME: 04:18:08 PM
MOVED: Michaelson Jenet
MOTION: Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED: Ginal
VOTE
Catlin
Everett
Ginal
Hooton
Landgraf
Lewis
Liston
Michaelson Jenet
Pabon
Pettersen
Ransom
Danielson
Singer
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB17-1280
TIME: 04:18:41 PM
MOVED: Michaelson Jenet
MOTION: Adopt amendment L.002 (Attachment F). The motion passed without objection.
SECONDED: Ginal
VOTE
Catlin
Everett
Ginal
Hooton
Landgraf
Lewis
Liston
Michaelson Jenet
Pabon
Pettersen
Ransom
Danielson
Singer
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







04:19 PM



Representative Young and Representative Michaelson Jenet gave concluding remarks on the bill.

BILL: HB17-1280
TIME: 04:21:26 PM
MOVED: Michaelson Jenet
MOTION: Refer House Bill 17-1280, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED: Pabon
VOTE
Catlin
Yes
Everett
Yes
Ginal
Yes
Hooton
Yes
Landgraf
Yes
Lewis
Yes
Liston
Yes
Michaelson Jenet
Yes
Pabon
Yes
Pettersen
Yes
Ransom
Yes
Danielson
Yes
Singer
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:21 PM



Representative Singer adjourned the meeting.


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