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H_SA_2016A 03/28/2016 01:34:28 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 03/28/2016
ATTENDANCE
Time: 01:34 PM to 10:50 PM
Foote
*
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
Lontine
X
Julia Jackson
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1397

HB16-1351

HB16-1220

HB16-1335

HB16-1274

HB16-1110

HB16-1299
Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Referred to Finance

Postponed Indefinitely

Postponed Indefinitely





01:34 PM -- HB16-1397



Representative Ryden, sponsor, presented House Bill 16-1397 to the committee. This bill repeals and reenacts, with amendments, the authority of the Department of Human Services (CDHS) to build a veterans community living center and assorted facilities on the site of the former Fitzsimons Army Medical Center, subject to available appropriations. Under the bill, CDHS will lead the planning, design, completion, and operation of the new facilities near the existing Fitzsimons veterans community living center. This bill outlines the requirements for the construction and use of the facilities and requests that the CDHS work collaboratively with the Department of Local Affairs, the Board of Commissioners of Veterans Community Living Centers, the Fitzsimons Redevelopment Authority, the City of Aurora, the State Board of Veteran Affairs, and a statewide coalition of veterans organizations, in completing the project. CDHS is authorized to seek and accept private sector, state, local or federal funding for the construction of the facility. The CDHS must provide progress updates in its annual report and submit progress reports to the State, Veterans, and Military Affairs Committees of the General Assembly.



Committee members discussed the bill with Representative Ryden.



01:44 PM --
Ralph Bozella, representing the United Veterans Committee of Colorado (UVC), testified in support of the bill and responded to committee questions.



01:52 PM --
Frank McCurdy, representing the UVC, testified in support of the bill and responded to committee questions.

















02:00 PM --
Alicia Caldwell, representing CDHS, testified in support of the bill.



02:03 PM --
Clint Woodruff, representing CDHS, testified in support of the bill and provided handouts to the committee (Attachments A and B).



16HouseState0328AttachA.pdf16HouseState0328AttachA.pdf 16HouseState0328AttachB.pdf16HouseState0328AttachB.pdf



02:07 PM --
Alison George, representing the Colorado Department of Local Affairs, Division of Housing, testified in support of the bill.





02:12 PM



Ms. Caldwell, Mr. Woodruff, and Ms. George responded to committee questions. Sarah Orrick, representing CDHS, also came to the table to answer questions.



02:21 PM --
Arapahoe County Commissioner Nancy Jackson, representing herself, testified in support of the bill and responded to committee questions.



02:28 PM --
Aurora City Councilwoman Angela Lawson, representing the city of Aurora, testified in support of the bill.



02:31 PM --
Leanne Wheeler, representing Close to Home, testified on the bill.



02:34 PM --
Elizabeth Neufeld and Melinda Townsend, representing the Aurora Housing Authority, responded to committee questions.



02:37 PM --
Tony Giardini, representing CDHS, responded to committee questions.



















































02:40 PM



Representative Ryden discussed amendment L.001 (Attachment C).



16HouseState0328AttachC.pdf16HouseState0328AttachC.pdf

BILL: HB16-1397
TIME: 02:42:11 PM
MOVED: Ryden
MOTION: Adopt amendment L.001 (Attachment C) to House Bill 16-1397. The motion passed without objection.
SECONDED: Tyler
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















































02:42 PM



Representative Ryden wrapped up her presentation of the bill.

BILL: HB16-1397
TIME: 02:44:41 PM
MOVED: Ryden
MOTION: Refer House Bill 16-1397, as amended, to the Committee of the Whole. The motion passed on a vote of 6-3.
SECONDED: Tyler
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
Yes
Lontine
Yes
Ryden
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:45 PM -- HB16-1351



Representative Windholz, sponsor, presented House Bill 16-1351 to the committee. No later than January 1, 2017, this bill directs the executive director of the Department of Human Services (CDHS) to convey two parcels of land at the former Fitzsimons army post to the housing authority of the city of Aurora, Colorado, at no cost. One parcel must be suitable for the development of transitional housing for homeless veterans and veterans with disabilities and a second parcel must be suitable for the development of assisted living housing for veterans with disabilities, and their spouses and legal dependents. Each parcel of land is to be no more than one and one-half acres in size. Within two years of receiving the parcels from the CDHS, the city of Aurora's housing authority is required to begin construction on the transitional housing facility and the assisted living housing facility. Should the city fail to commence construction by the deadline, the city must convey the parcel(s) back to the CDHS at no cost. Finally, this bill exempts the new facilities to be built by the city of Aurora from the statutory requirement that veterans' centers constructed on or after July 1, 1998 have a bed capacity of at least 120 beds, and the requirement that no new veterans' centers be built after July 1, 1998, unless other centers have maintained an average occupancy rate of at least 80 percent over a six month period immediately prior to construction.



02:52 PM --
Aurora City Councilwoman Angela Lawson, representing the city of Aurora, testified in support of the bill and responded to committee questions.



02:54 PM --
Frank de Monbrun, representing himself, testified in support of the bill.

















02:58 PM --
Phil Ross, representing himself, testified in support of the bill.



03:02 PM --
Leanne Wheeler, representing Close to Home, testified on the bill.



03:03 PM --
Tim Hutchinson, representing AMVETS, testified in support of the bill.



03:07 PM --
Elizabeth Neufeld and Melinda Townsend, representing the Aurora Housing Authority, responded to committee questions.





03:13 PM



Representative Windholz discussed amendments L.001 and L.002 (Attachments D and E) and responded to committee questions about the amendments.



16HouseState0328AttachD.pdf16HouseState0328AttachD.pdf 16HouseState0328AttachE.pdf16HouseState0328AttachE.pdf



03:19 PM



The committee recessed.





03:30 PM



The committee reconvened.





03:30 PM



The committee recessed.















































03:31 PM



The committee reconvened.

BILL: HB16-1351
TIME: 03:31:38 PM
MOVED: Neville P.
MOTION: Adopt amendment L.001 (Attachment D) to House Bill 16-1351. 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
Lontine
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1351
TIME: 03:32:21 PM
MOVED: Neville P.
MOTION: Adopt amendment L.002 (Attachment E) to House Bill 16-1351. The motion passed without objection.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















03:32 PM



Representative Windholz wrapped up her presentation of the bill.

BILL: HB16-1351
TIME: 03:34:13 PM
MOVED: Humphrey
MOTION: Refer House Bill 16-1351, as amended, to the Committee of the Whole. 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
Lontine
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1351
TIME: 03:39:04 PM
MOVED: Lontine
MOTION: Postpone House Bill 16-1351 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
Lontine
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

















03:40 PM -- HB16-1220



Representatives Willett and Vigil, co-prime sponsors, presented House Bill 16-1220 to the committee. This bill changes the legal starting date to hunt black bears from September 2 to August 2 of each calendar year, if the Colorado Parks and Wildlife (CPW) Commission authorizes the earlier date in rule. Representative Willett provided handouts for committee members (Attachments F, G, and H).



16HouseState0328AttachF.pdf16HouseState0328AttachF.pdf 16HouseState0328AttachG.pdf16HouseState0328AttachG.pdf



16HouseState0328AttachH.pdf16HouseState0328AttachH.pdf



Committee members discussed the bill with the sponsors.



04:04 PM --
Doug Holland, representing the Sierra Club, testified against the bill.



04:07 PM --
Denny Behrens, representing Big Game Forever, testified in support of the bill and responded to committee questions.



04:19 PM --
Brenda Lee, representing the Boulder Bear Coalition, testified against the bill and responded to committee questions.



04:24 PM --
Bob Broscheid, representing CPW, testified on the bill and responded to committee questions.



04:38 PM --
Steve Lohr, representing Big Game Forever, testified in support of the bill.



04:43 PM --
Alan Boles, representing the Boulder Bear Coalition, testified against the bill and responded to committee questions.



04:49 PM --
Chris Jurney, representing himself, testified in support of the bill.



04:52 PM --
Jen Boulton, representing the Audubon Society, testified against the bill and responded to committee questions.



04:59 PM --
Bill Canterbury, representing the Colorado Cattlemen's Association, testified in support of the bill.



05:02 PM --
Aubyn Royall, representing the Humane Society of the U.S., testified against the bill.



05:05 PM --
Dick Ray, representing himself, testified in support of the bill and responded to committee questions.



















05:13 PM --
Dan Gates, representing the Colorado Trappers and Predator Hunters Association, testified in support of the bill.



05:18 PM --
Brent Boydstun, representing the Colorado Farm Bureau, testified in support of the bill.





05:21 PM



Representatives Willett and Vigil wrapped up their presentation of the bill.



Committee members commented on the bill.

BILL: HB16-1220
TIME: 05:30:28 PM
MOVED: Humphrey
MOTION: Refer House Bill 16-1220 to the Committee of the Whole. 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: HB16-1220
TIME: 05:33:45 PM
MOVED: Winter
MOTION: Postpone House Bill 16-1220 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
YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:34 PM -- HB16-1335



Representatives Melton and Pabon, co-prime sponsors, presented House Bill 16-1335 to the committee and provided a handout (Attachment I). The bill prohibits a person from reserving or obtaining a cost-free government service or appointment to sell or intend to sell. An exception is made when the person has consent from the government entity or when the person is selling or offering to sell only information. A violation of the prohibition is a class 1 misdemeanor and a deceptive trade practice for which the Attorney General and district attorneys may seek civil penalties for a violation.



16HouseState0328AttachI.pdf16HouseState0328AttachI.pdf



05:46 PM --
Silvia Leticia Rivera, representing I Drive Colorado / Yo Manejo Colorado, testified in support of the bill through interpreter Esmeralda Dominguez.



06:00 PM --
Esmeralda Dominguez, representing I Drive Colorado / Yo Manejo Colorado, testified in support of the bill.



06:04 PM --
Jennifer Anderson, representing the Colorado Attorney General's Office, testified in support of the bill and responded to committee questions.



























06:11 PM



Representative Pabon discussed amendment L.003 (Attachment J).



16HouseState0328AttachJ.pdf16HouseState0328AttachJ.pdf

BILL: HB16-1335
TIME: 06:12:39 PM
MOVED: Ryden
MOTION: Adopt amendment L.003 (Attachment J) to House Bill 16-1335. The motion passed without objection.
SECONDED: Primavera
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





06:13 PM



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



The committee recessed.







































06:19 PM



The committee reconvened.

BILL: HB16-1335
TIME: 06:19:48 PM
MOVED: Ryden
MOTION: Refer House Bill 16-1335, as amended, to the Committee of the Whole. The motion passed on a vote of 7-2.
SECONDED: Foote
VOTE
Foote
Yes
Humphrey
Yes
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
Yes
Lontine
Yes
Ryden
Yes
Final YES: 7 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:20 PM -- HB16-1274



Representative Singer, sponsor, presented House Bill 16-1274 to the committee. The bill expands the Colorado Road and Community Safety Act (Senate Bill 13-251) driver's license, instruction permit, and identification card program for individuals not lawfully present or temporarily lawfully present in Colorado. Under the bill, six additional Division of Motor Vehicle (DMV) offices may issue SB13-251 driver's licenses, instruction permits, and identification cards (SB13-251 documents) effective March 1, 2017. The bill also repeals a footnote in the 2015 Session Laws that limits the number of DMV offices that may issue SB13-251 documents to three DMV offices and then again to one DMV office when issuance falls below 5,000 per month or total appointments served has reached 60,000. The bill also expands the types of documents that may be accepted by DMV offices from a SB13-251 document applicant. Specifically, the bill adds an individual's social security number, documentation for which may include a social security card itself or any other documentation acceptable to DOR, to the list of acceptable SB13-251 identification documents. Additionally, the bill allows SB13-251 documents to be reissued or renewed following the same procedures as available to other license, permit, or identification card holders in Colorado.



Committee members discussed the bill with Representative Singer.



06:27 PM --
Thamanna Vasan, representing the Colorado Fiscal Institute, testified in support of the bill.



06:30 PM --
Graciela Rosas, representing herself, testified in support of the bill through an interpreter.















06:34 PM --
Aleida Ramirez and Socorro Garcia, representing Together Colorado, testified in support of the bill through an interpreter.



06:42 PM --
Brendan Greene read testimony from Alma Mendoza, representing I Drive Colorado / Yo Manejo Colorado, in support of the bill.



06:46 PM --
Jeanette Visguerra, representing I Drive Colorado / Yo Manejo Colorado, testified in support of the bill through an interpreter.



06:51 PM --
Leslie Martinez, representing I Drive Colorado / Yo Manejo Colorado, read excerpts from letters in support of the bill from Jesus Lopez and Patricia Cerna.



06:54 PM --
James Lamb, representing himself as an immigration attorney, testified in support of the bill and responded to committee questions.





06:59 PM



Representative Singer wrapped up his presentation of the bill.

BILL: HB16-1274
TIME: 07:01:41 PM
MOVED: Lontine
MOTION: Refer House Bill 16-1274 to the Committee on Finance. The motion passed on a vote of 5-4.
SECONDED: Primavera
VOTE
Foote
Yes
Humphrey
No
Leonard
No
Neville P.
No
Primavera
Yes
Tyler
Yes
Wist
No
Lontine
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





























07:02 PM -- HB16-1110



Representative Neville, sponsor, presented House Bill 16-1110 to the committee. The bill codifies the Parent's Bill of Rights in state statute, which states that the liberty interests of a parent in the care, custody, and control of his or her child are a fundamental right. It further specifies that neither the state nor local governments may infringe upon the rights of parents without first showing that there is a compelling governmental interest in doing so and that there is not a less restrictive means of achieving the governmental interest. The bill specifies that its provisions do not prohibit the courts, law enforcement, or other state or local agencies from acting within the scope of their authority and in their official capacities in matters concerning child welfare services.



07:05 PM --
Carl Roberts, representing himself, testified in support of the bill and provided a handout (Attachment K). He responded to committee questions.



07:16 PM --
Stephanie Wasserman, representing the Colorado Children's Immunization Coalition, testified against the bill and responded to committee questions.



07:26 PM --
Gilbert Tso, representing the National Parents Organization and the Pro Se Alliance, testified in support of the bill and responded to committee questions.



07:35 PM --
Sara Odendahl, representing Children's Hospital Colorado, read testimony against the bill from Dr. Antonia Chiesa. She noted other organizations opposed to the bill.



07:38 PM --
Amber Wann, representing herself, testified in support of the bill.



07:44 PM --
Annmarie Jensen, representing the Colorado Coalition Against Domestic Violence, testified against the bill and responded to committee questions.



07:51 PM --
Brad Wann, representing himself, testified in support of the bill.



07:54 PM --
Robin Austin, representing himself and Families Against Court Embezzlement Unethical Standards (FACE US), testified in support of the bill.



07:59 PM --
Luanne Fleming, representing herself and FACE US, testified in support of the bill.



08:01 PM --
Phil Ross, representing himself, testified in support of the bill.



08:07 PM --
Deborah Dooley, representing herself, testified in support of the bill and provided a packet of information for committee members (Attachment L).



16HouseState0328AttachL.pdf16HouseState0328AttachL.pdf



08:12 PM --
Debra Carroll, representing herself, testified in support of the bill.



08:16 PM --
Pam Long, representing herself, testified in support of the bill.



















08:20 PM --
Missy Winefeldt, representing herself, testified in support of the bill.



08:23 PM --
Phil Silberman, representing himself, testified in support of the bill.



08:27 PM --
Wanda Juzefczyk, representing herself, testified in support of the bill. She provided a handout (Attachment M), and she played recorded testimony from her son, Walt Plimmer.



16HouseState0328AttachM.pdf16HouseState0328AttachM.pdf



08:38 PM --
Jean Marie Carson, representing herself, testified in support of the bill.



08:43 PM --
Jennifer Colman, representing herself, testified in support of the bill.



08:47 PM --
Lisa Mitchell, representing herself, testified in support of the bill.



08:56 PM --
Halina Topa, representing herself, testified in support of the bill and provided a handout (Attachment N).



16HouseState0328AttachN.pdf16HouseState0328AttachN.pdf



08:58 PM --
Jacquelyne McGonigle, representing herself, testified in support of the bill.



09:03 PM --
Rosemary Van Gorder, representing herself, testified in support of the bill.



09:09 PM --
Leah Dyer, representing herself, testified in support of the bill.



09:14 PM --
Sharon Goodnight, representing herself, testified in support of the bill.



09:19 PM --
Angel Arellanes, representing himself, testified in support of the bill.



09:23 PM --
Nate Monroe, representing himself, testified in support of the bill and responded to committee questions.



09:32 PM --
Michael Harring, representing himself, testified in support of the bill.



09:37 PM --
Louise Fitches, representing herself, testified in support of the bill.



09:40 PM --
Jennifer Black Elk, representing herself, testified in support of the bill.

























09:47 PM



Representative Neville wrapped up his presentation of the bill.

BILL: HB16-1110
TIME: 09:49:52 PM
MOVED: Neville P.
MOTION: Refer House Bill 16-1110 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: HB16-1110
TIME: 09:56:34 PM
MOVED: Winter
MOTION: Postpone House Bill 16-1110 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



















09:57 PM -- HB16-1299



The committee recessed.





10:00 PM



The committee reconvened.



Representative Wist presented House Bill 16-1299 to the committee and provided a handout (Attachment O). Under current law, if a plaintiff brings an employment discrimination case that the court finds to be frivolous the court may award attorney's fees and reasonable costs to the defendant. This bill lowers the standard for awarding fees and costs to the prevailing defendant in cases where the claim lacks substantial merit. A claim lacks substantial merit if it is pursued in bad faith, or when a reasonable person with knowledge of the facts does not believe the claim is likely to succeed.



16HouseState0328AttachO.pdf16HouseState0328AttachO.pdf



Committee members discussed the bill with Representative Wist.



10:15 PM --
Dan Combs, representing the Colorado Civil Justice League and the Colorado Association of Commerce and Industry (CACI), testified in support of the bill and responded to committee questions.



10:25 PM --
Barry Roseman, representing the Plaintiff Employment Lawyers Association, testified against the bill and responded to committee questions.



10:31 PM --
Dana Svendsen, representing CACI, testified in support of the bill.



10:34 PM --
Maggie Gomez, representing 9 to 5 Colorado, testified against the bill.



10:38 PM --
Nicholas Colglazier, representing the Colorado Competitive Council, testified in support of the bill.



10:41 PM --
Rich Jones, representing the Bell Policy Center, testified against the bill and provided a handout (Attachment P).



16HouseState0328AttachP.pdf16HouseState0328AttachP.pdf



























10:45 PM



Representative Wist wrapped up his presentation of the bill.

BILL: HB16-1299
TIME: 10:48:02 PM
MOVED: Wist
MOTION: Refer House Bill 16-1299 to the Committee of the Whole. The motion failed on a vote of 4-5.
SECONDED: Leonard
VOTE
Foote
No
Humphrey
Yes
Leonard
Yes
Neville P.
Yes
Primavera
No
Tyler
No
Wist
Yes
Lontine
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL






















































BILL: HB16-1299
TIME: 10:49:44 PM
MOVED: Lontine
MOTION: Postpone House Bill 16-1299 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
Lontine
Yes
Ryden
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:50 PM



The committee adjourned.