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H_SA_2016A 03/21/2016 01:49:59 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 03/21/2016
ATTENDANCE
Time: 01:49 PM to 10:40 PM
Foote
X
Humphrey
X
Place: RM 271
Leonard
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tyler
X
Wist
X
This Report was prepared by
Winter
X
Julia Jackson
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1355

HB16-1010

HB16-1282

HB16-1140

HB16-1208
Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Amended, Referred to Appropriations

Postponed Indefinitely

Postponed Indefinitely





01:50 PM -- HB16-1355



Representatives Ryden and Foote, co-prime sponsors, presented House Bill 16-1355 to the committee. Under current law, local governments have the authority to designate geographic areas or specific activities as matters of state interest, and may control development by adopting regulations for these areas and activities that require permitting. However, a local government may not so designate an area of oil and gas development, unless the Colorado Oil and Gas Conservation Commission (COGCC) in the Department of Natural Resources (DNR) identifies such an area for designation. This bill repeals that prohibition. The bill also adds the siting of oil and gas facilities to the enumerated powers a county has when zoning unincorporated land. The bill gives municipalities similar power to site oil and gas facilities. Current law bestows the COGCC with exclusive jurisdiction over regulating oil and gas development. This bill specifies that the COGCC authority does not exempt oil and gas facilities from local government siting authority. The bill also requires operators to ensure that the location of such facilities complies with local government site regulations.



Committee members received a packet of written testimony on the bill (Attachment A).



16HouseState0321AttachA.pdf16HouseState0321AttachA.pdf



The sponsors responded to questions from committee members.



02:18 PM --
Dan Kramer, representing the city of Longmont and the Colorado Municipal League, testified in support of the bill.













02:22 PM --
Jennifer Carroll, representing herself as a trustee of the town of Erie, testified in support of the bill and responded to committee questions.



02:31 PM --
Eva Henry, representing the Adams County Board of Commissioners, testified in support of the bill and responded to committee questions.



02:37 PM --
Chris Berg, mayor of Lafayette, testified in support of the bill and responded to committee questions.



02:45 PM --
John Vazquez, mayor of Windsor, testified in support of the bill and responded to committee questions.



02:54 PM --
Nicole Johnston, representing herself, testified in support of the bill.



02:58 PM --
Shawndra Barry, representing herself, testified in support of the bill.



03:00 PM --
Matt Lepore, representing the COGCC, testified against the bill. He provided a handout (Attachment B) and responded to committee questions.



16HouseState0321AttachB.pdf16HouseState0321AttachB.pdf



03:07 PM --
Kelsey Waslensky, representing the Colorado Oil and Gas Association (COGA), testified against the bill.



03:10 PM --
Sam Knaizer, representing COGA, testified against the bill.





03:14 PM



Ms. Waslensky and Mr. Knaizer responded to committee questions.



03:18 PM --
Louisa Muff de Lopez, representing herself, testified in support of the bill.



03:21 PM --
Jacky Kowalsky, representing Adams County Communities for Drilling Accountability Now, testified in support of the bill.



03:25 PM --
Raymond Fuller, representing himself, testified in support of the bill.



03:28 PM --
Amandine Velanda, representing herself, testified in support of the bill.



03:31 PM --
Dona Olivier, representing the Wadley Farms Homeowners Association, testified in support of the bill.



03:35 PM --
Hilda Nucete, representing Conservation Colorado, testified in support of the bill.



















03:38 PM



Ms. Olivier responded to committee questions.



03:40 PM --
Elise Jones, representing the Boulder County Board of Commissioners, testified in support of the bill.



03:43 PM --
Kim Sanchez, representing Boulder County, testified in support of the bill.





03:46 PM



Ms. Jones and Ms. Sanchez responded to committee questions.



03:48 PM --
Angelique Espinoza, representing herself, testified in support of the bill.



03:51 PM --
Steve O'Dorisio, representing the Adams County Board of Commissioners, testified in support of the bill and responded to committee questions.



04:03 PM --
Neil Ray, representing the National Association of Royalty Owners Colorado Chapter, testified against the bill.



04:06 PM --
Bennett Boeschenstein, representing himself, testified in support of the bill. He provided a copy of a Grand Junction city ordinance for the record (Attachment C).



16HouseState0321AttachC.pdf16HouseState0321AttachC.pdf



04:09 PM --
Joan Peck, representing the Longmont City Council, testified in support of the bill.



04:11 PM --
Dave Neslin, representing the Colorado Petroleum Council, testified against the bill.



04:16 PM --
Tracee Bentley, representing the Colorado Petroleum Council, testified against the bill.





04:19 PM



Mr. Neslin responded to committee questions.



04:24 PM --
Josh Joswick, representing the Earthworks Oil and Gas Accountability Project, testified in support of the bill.



04:28 PM --
Natasha Liger, representing Citizens for a Healthy Community, testified in support of the bill.



04:31 PM --
Wayne Urbonas, representing Citizens for a Healthy Community, testified in support of the bill.















04:34 PM --
Wes Wilson, representing Be The Change, testified in support of the bill.



04:38 PM --
Phil Doe, representing Be The Change, testified in support of the bill.



04:42 PM --
James Lockhart, representing the Sierra Club, testified in support of the bill.



04:45 PM --
Sandy Toland, representing herself, testified in support of the bill.



04:47 PM --
Michael Bellmont, representing himself, testified in support of the bill.



04:51 PM --
Patricia Davis, representing herself, testified in support of the bill.



04:55 PM --
Julie Dadone, representing herself, testified in support of the bill.



04:57 PM --
Sara Loflin, representing the League of Oil and Gas Impacted Coloradans (LOGIC), testified in support of the bill.



05:00 PM --
Letitia Gaillard, representing herself, testified in support of the bill.



05:03 PM --
Zabrina Arnovitz, representing the Colorado People's Alliance, testified in support of the bill.



05:06 PM --
Suzanne Cabron, representing North Metro Neighbors for Safe Energy, testified in support of the bill.



05:09 PM --
Kristi Douglas, representing herself, testified in support of the bill.



05:14 PM --
Tricia Olson, representing Coloradans Resisting Extreme Energy Development (CREED), testified in support of the bill.



05:17 PM --
Stan Dempsey, representing the Colorado Petroleum Association, testified against the bill. He also noted the Colorado Cattlemen's Association's opposition to the bill.



05:21 PM --
Dan O'Connell, representing the Colorado Association of Commerce and Industry, testified against the bill.



05:25 PM --
Nicholas Colglazier, representing the Denver Metro Chamber of Commerce and the Colorado Competitive Council, testified against the bill and responded to committee questions.



05:29 PM --
Torie Jarvis, representing the Northwest Colorado Council of Governments, testified in support of the bill and responded to committee questions.































05:35 PM



Representative Foote presented amendment L.001 (Attachment D).



16HouseState0321AttachD.pdf16HouseState0321AttachD.pdf

BILL: HB16-1355
TIME: 05:37:03 PM
MOVED: Foote
MOTION: Adopt amendment L.001 (Attachment D) to House Bill 16-1355. The motion passed without objection.
SECONDED: Ryden
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















































05:38 PM



Representatives Foote and Ryden wrapped up their presentation of the bill. Committee members commented on the bill.

BILL: HB16-1355
TIME: 05:44:13 PM
MOVED: Foote
MOTION: Refer House Bill 16-1355, as amended, to the Committee of the Whole. The motion passed on a vote of 5-4.
SECONDED: Ryden
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Winter
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:45 PM



The committee recessed.





05:59 PM -- HB16-1010



The committee reconvened.



Representative Priola, sponsor, presented House Bill 16-1010 to the committee. Under current law, a person may not release destructive rodent pests into a county without prior approval of the Colorado Parks and Wildlife Commission and the corresponding county commissioners. An exemption to this requirement allows rodent pests to be released into a county from which the animals were originally captured. This bill removes the exemption, and requires that individuals give prior notification to any conservation district in which the rodents are to be released.























Representative Priola distributed amendments L.007 and L.008 (Attachments E and F) and spoke to the amendments. He also provided a packet of information to committee members (Attachment G).



16HouseState0321AttachE.pdf16HouseState0321AttachE.pdf 16HouseState0321AttachF.pdf16HouseState0321AttachF.pdf



16HouseState0321AttachG.pdf16HouseState0321AttachG.pdf



06:06 PM --
Lindsey Sterling Krank, representing the Prairie Dog Coalition, testified against the bill. She provided handouts for committee members (Attachments H and I) and responded to committee questions.



16HouseState0321AttachH.pdf16HouseState0321AttachH.pdf 16HouseState0321AttachI.pdf16HouseState0321AttachI.pdf



06:11 PM --
Jennifer Tucker, representing herself, testified in support of the bill.



06:14 PM --
Heather Swanson, representing the City of Boulder, testified against the bill and responded to committee questions.



06:19 PM --
Rod Bockenfeld, representing Arapahoe County and Colorado Counties, Inc., testified in support of the bill and responded to committee questions.



06:25 PM --
Mark Ruzzin, representing Boulder County, testified against the bill and responded to committee questions.



06:29 PM --
Brian Starkebaum, representing the Colorado Association of Conservation Districts, testified in support of the bill.



06:31 PM --
Ruby Bowman, representing herself, testified against the bill.



06:34 PM --
Tom Thompson, representing the East Adams Conservation District, testified in support of the bill.



06:38 PM --
Pam Wanek, representing herself, testified against the bill and responded to committee questions.



06:45 PM --
Sharon Croghan, representing the East Adams Conservation District, testified in support of the bill.



06:52 PM --
Matt Bergles, representing himself, testified against the bill.



06:55 PM --
Keith Younger, representing himself, testified in support of the bill.



















07:01 PM --
Steve Forrest, representing Defenders of Wildlife, testified against the bill and responded to committee questions.



07:07 PM --
Scott Sauer, representing himself, testified in support of the bill and responded to committee questions.



07:13 PM --
Stephen Dorsey, representing himself, testified against the bill.



07:15 PM --
Barbara Frihauf, representing herself, testified in support of the bill.



07:21 PM --
Cheyne Cumming, representing herself, testified against the bill.



07:25 PM --
Julie Ebert, representing herself, testified in support of the bill and responded to committee questions.



07:29 PM --
Susan Sommers, representing herself, testified against the bill.



07:33 PM --
Shannon Kelley, representing herself, testified in support of the bill.



07:35 PM --
Rae Tatel, representing her class at the Downtown Denver Expeditionary School, testified against the bill.



07:38 PM --
Ava Waeckerlin, representing her class at the Downtown Denver Expeditionary School, testified against the bill.



07:40 PM --
Lucia Artley, representing her class at the Downtown Denver Expeditionary School, testified against the bill.



07:42 PM --
Cynthia Ness, representing herself, testified in support of the bill.



07:46 PM --
Gina Writz, representing herself, testified against the bill.



07:51 PM --
Dale Ness, representing himself, testified in support of the bill and responded to committee questions.



07:55 PM --
Deanna Meyer, representing Wildlands Defense, testified against the bill.



07:59 PM --
Tim Brown, representing the Farm Bureau, the Double El Conservation District, and the Colorado Cattlemen's Association, testified in support of the bill.



08:01 PM --
Davin Meyer, representing Wildlands Defense, testified against the bill.



08:04 PM --
Meghan Ebert, representing herself, testified in support of the bill.



08:05 PM --
Sandy Toland, representing herself, testified against the bill.





















08:08 PM --
Michelle Hinerman, representing Wildlands Defense, testified against the bill.



08:12 PM --
Pamela Geer, representing herself, testified against the bill.



08:16 PM --
Maureen Lawry, representing the Boulder County Audubon Society, testified against the bill.



08:18 PM --
Ruth Sims, representing herself, testified against the bill.



08:22 PM --
Christine Horowitz, representing herself, testified against the bill.



08:24 PM --
Fred Gibson, representing himself, testified against the bill.



08:27 PM --
Liza Hunholz, representing Colorado Parks and Wildlife, responded to committee questions about the bill.



08:29 PM --
Katie Little, representing herself, testified against the bill.



08:33 PM --
Anna Rivas, representing herself, testified against the bill.





08:35 PM



Representative Priola discussed amendments L.007 and L.008.

BILL: HB16-1010
TIME: 08:37:07 PM
MOVED: Neville P.
MOTION: Adopt amendment L.008 (Attachment F) to amendment L.007 (Attachment E) to House Bill 16-1010. The motion passed without objection.
SECONDED: Wist
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection












BILL: HB16-1010
TIME: 08:37:55 PM
MOVED: Neville P.
MOTION: Adopt amendment L.007 (Attachment E), as amended, to House Bill 16-1010. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





08:38 PM



Committee members commented on the bill.

BILL: HB16-1010
TIME: 08:40:43 PM
MOVED: Neville P.
MOTION: Refer House Bill 16-1010, as amended, to the Committee of the Whole. The motion failed on a vote of 4-5.
SECONDED: Humphrey
VOTE
Foote
No
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
No
Tyler
No
Wist
Yes
Winter
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL












BILL: HB16-1010
TIME: 08:41:11 PM
MOVED: Tyler
MOTION: Postpone House Bill 16-1010 indefinitely. The motion passed on a vote of 5-4.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Winter
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





08:42 PM -- HB16-1282



Representatives K. Becker and Petterson, co-prime sponsors, presented House Bill 16-1282 to the committee. This bill applies the disclosure requirements in the Fair Campaign Practices Act to regular biennial school board elections. This bill also specifies that any political committee, small donor committee, independent expenditure committee, or political organization that is participating in an odd-numbered year election must file expenditure disclosure reports with the Secretary of State's Office (SOS) on a schedule outlined in state law.



08:47 PM --
Peg Perl, representing Colorado Ethics Watch, testified in support of the bill. She provided a handout for committee members (Attachment J) and responded to committee questions.



16HouseState0321AttachJ.pdf16HouseState0321AttachJ.pdf



08:54 PM --
Robert Speth, representing himself, testified in support of the bill.



08:57 PM --
JD MacFarlane, representing himself, testified in support of the bill.



09:02 PM --
Elena Nunez, representing Colorado Common Cause, testified in support of the bill.



09:03 PM --
Michael Kiley, representing himself, testified in support of the bill.

























09:05 PM



Representative Becker discussed amendment L.002 (Attachment K).



16HouseState0328AttachK.pdf16HouseState0328AttachK.pdf

BILL: HB16-1282
TIME: 09:07:03 PM
MOVED: Primavera
MOTION: Adopt amendment L.002 (Attachment K) to House Bill 16-1282. The motion passed without objection.
SECONDED: Tyler
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















































09:07 PM



Representative Becker discussed amendment L.003 (Attachment L).



16HouseState0321AttachL.pdf16HouseState0321AttachL.pdf

BILL: HB16-1282
TIME: 09:07:56 PM
MOVED: Neville P.
MOTION: Adopt amendment L.003 (Attachment L) to House Bill 16-1282. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















































09:08 PM



Representatives Becker and Petterson wrapped up their presentation of the bill.

BILL: HB16-1282
TIME: 09:09:13 PM
MOVED: Primavera
MOTION: Refer House Bill 16-1282, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED: Neville P.
VOTE
Foote
Yes
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
Yes
Tyler
Yes
Wist
Yes
Winter
Yes
Ryden
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





09:10 PM -- HB16-1140



Representatives Court and Pabon, co-prime sponsors, presented House Bill 16-1140 to the committee. This bill sets the maximum amount of contributions that may be made to or received by a candidate or committee of a candidate for local school district board of education. The maximum contribution for a regular biennial or special school board election is set at $500. The maximum contribution that a small donor committee may make is $5,000. In addition, candidates for school boards must file periodic disclosures with the SOS.



Committee members discussed the bill with the sponsors.



09:21 PM --
JD MacFarlane, representing himself and the Education Study Group of the Denver Democrats (ESG), testified in support of the bill.



09:25 PM --
Dr. JoAnn Fujioka, representing herself and the ESG, testified in support of the bill.



09:31 PM --
Walt Geisel, representing himself and the ESG, testified in support of the bill.



09:35 PM --
Elena Nunez, representing Colorado Common Cause, testified in support of the bill.





















09:37 PM --
Michael Kiley, representing himself, testified in support of the bill and responded to committee questions.



09:42 PM --
Robert Speth, representing himself, testified in support of the bill.





09:48 PM



Representative Court discussed amendment L.001 (Attachment M).



16HouseState0321AttachM.pdf16HouseState0321AttachM.pdf

BILL: HB16-1140
TIME: 09:49:09 PM
MOVED: Primavera
MOTION: Adopt amendment L.001 (Attachment M) to House Bill 16-1140. The motion passed without objection.
SECONDED: Winter
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection









































09:49 PM



Representatives Court and Pabon wrapped up their presentation of the bill.

BILL: HB16-1140
TIME: 09:59:01 PM
MOVED: Ryden
MOTION: Refer House Bill 16-1140, as amended, to the Committee on Appropriations. The motion failed on a vote of 1-8.
SECONDED: Winter
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
No
Tyler
No
Wist
No
Winter
No
Ryden
No
YES: 1 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1140
TIME: 10:00:19 PM
MOVED: Tyler
MOTION: Postpone House Bill 16-1140 indefinitely. The motion passed on a vote of 8-1.
SECONDED: Winter
VOTE
Foote
No
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
Yes
Tyler
Yes
Wist
Yes
Winter
Yes
Ryden
Yes
Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

















10:01 PM -- HB16-1208



Representative Carver, sponsor, presented House Bill 16-1208 to the committee. This bill creates a subcommittee within the Joint Technology Committee (JTC) to address issues related to data privacy and cyber security. Specifically, the subcommittee is required to consider:



• whether state governmental agencies are collecting or retaining data that exceeds what is necessary and appropriate for such agencies to perform their functions;

• who has access to such data, the extent of such access, and appropriate mechanisms to protect sensitive data; and

• additional measures to protect such data against unauthorized access, disclosure, use, modification, or destruction.



The bill specifies that the subcommittee will consist of four legislative members, four members to be appointed by the Governor, and the state's Chief Security Information Officer. The subcommittee is required to meet at least three times per calendar year; communicate with and obtain input from groups throughout the state; and submit its findings and recommendations to the JTC and the General Assembly on or before January 1, 2018. The bill is repealed July 1, 2018.



Representative Carver also discussed amendments L.005 and L.006 (Attachments N and O). She responded to committee member questions.



16HouseState0321AttachN.pdf16HouseState0321AttachN.pdf 16HouseState0321AttachO.pdf16HouseState0321AttachO.pdf



10:12 PM --
Michael Shea, representing the Office of Information Technology, testified against the bill and responded to committee questions.



10:17 PM --
Denise Maes, representing the ACLU of Colorado, testified in support of the bill and responded to committee questions.



10:29 PM --
Greg Romberg, representing Arapahoe County, testified on the bill. He expressed support for amendment L.006.









































10:30 PM



Representative Carver discussed amendment L.005.

BILL: HB16-1208
TIME: 10:33:52 PM
MOVED: Neville P.
MOTION: Adopt amendment L.005 (Attachment N) to House Bill 16-1208. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























































10:34 PM



Representative Carver discussed amendment L.006.

BILL: HB16-1208
TIME: 10:35:13 PM
MOVED: Neville P.
MOTION: Adopt amendment L.006 (Attachment O) to House Bill 16-1208. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Winter
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























































10:35 PM



Representative Carver wrapped up her presentation of the bill.

BILL: HB16-1208
TIME: 10:38:58 PM
MOVED: Humphrey
MOTION: Refer House Bill 16-1208, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-5.
SECONDED: Neville P.
VOTE
Foote
No
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
No
Tyler
No
Wist
Yes
Winter
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL






















































BILL: HB16-1208
TIME: 10:39:55 PM
MOVED: Tyler
MOTION: Postpone House Bill 16-1208 indefinitely. The motion passed on a vote of 5-4.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Winter
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:40 PM



The committee adjourned.


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