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H_SA_2016A 04/04/2016 02:14:26 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/04/2016
ATTENDANCE
Time: 02:14 PM to 08:28 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
Lontine
X
Julia Jackson
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1300

SB16-074

SB16-070

HB16-1235

HB16-1200
Amended, Referred to Appropriations

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely





02:14 PM -- HB16-1300



Representative Ryden, sponsor, presented House Bill 16-1300 to the committee. This bill gives counties exclusive authority to determine the location and security of a voter ballot drop-off location. The Secretary of State's Office (SOS) may provide specifications on the installation of drop boxes and accessibility of drop-off locations for persons with disabilities. Counties are encouraged to utilize state-owned property and to enter into public-private partnerships for the placement of drop-off locations on commercial property that is conveniently located. Under current law, if a voter returns his or her mail ballot by mail he or she must pay for postage. This bill removes that requirement and requires counties to work with the U.S. Postal Service to provide efficient delivery of mail ballots, including ballots with insufficient postage. Counties must file a plan with the SOS for how the county will work with the post office to ensure the delivery of ballots. This bill also requires the SOS to use federal Help America Vote Act (HAVA) funds to purchase one twenty-four hour secure drop box for each county in the state, unless a county submits a waiver requesting not to receive the new equipment.



Representative Ryden also discussed amendments L.005 and L.008 (Attachments A and B).



16HouseState0404AttachA.pdf16HouseState0404AttachA.pdf 16HouseState0404AttachB.pdf16HouseState0404AttachB.pdf



02:19 PM --
Lizzy Stephan, representing New Era Colorado, testified in support of the bill.



02:21 PM --
Margit Johansson, representing Coloradans for Voting Integrity, testified against the bill and responded to committee member questions.













02:28 PM --
Bridget Kaminetsky, representing 9 to 5 Colorado, testified in support of the bill.



02:31 PM --
Suzanne Staiert, Deputy Secretary of State, testified against the bill and responded to committee member questions.



02:36 PM --
Amber McReynolds, representing the city and county of Denver, testified in support of the bill and responded to committee member questions.



02:46 PM --
Mary Eberle, representing herself, testified against the bill.



02:51 PM --
Jennifer Levin, representing Disability Law Colorado, testified in support of the bill.



02:54 PM --
Justine Sandoval, representing NARAL Pro-Choice Colorado, testified in support of the bill.



02:56 PM --
Ken Debey, representing the Colorado Alliance for Retired Americans, testified in support of the bill.



02:59 PM --
Elizabeth Steele, representing the League of Women Voters of Colorado, testified in support of the bill.



03:01 PM --
Carl Smith, representing the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART Union), testified in support of the bill.



03:05 PM --
Elena Nunez, representing Colorado Common Cause, testified in support of the bill.































































03:08 PM



Representative Ryden explained amendment L.005.

BILL: HB16-1300
TIME: 03:09:13 PM
MOVED: Ryden
MOTION: Adopt amendment L.005 (Attachment A) to House Bill 16-1300. 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





























































03:09 PM



Representative Ryden explained amendment L.008.

BILL: HB16-1300
TIME: 03:09:59 PM
MOVED: Ryden
MOTION: Adopt amendment L.008 (Attachment B) to House Bill 16-1300. 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





























































03:10 PM



Representative Wist distributed amendment L.006 (Attachment C) and discussed the amendment. Committee members discussed the amendment.



16HouseState0404AttachC.pdf16HouseState0404AttachC.pdf

BILL: HB16-1300
TIME: 03:14:34 PM
MOVED: Wist
MOTION: Adopt amendment L.006 (Attachment C) to House Bill 16-1300. 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



















































03:15 PM



Representative Wist distributed amendment L.007 (Attachment D) and discussed the amendment.



16HouseState0404AttachD.pdf16HouseState0404AttachD.pdf

BILL: HB16-1300
TIME: 03:18:31 PM
MOVED: Wist
MOTION: Adopt amendment L.007 (Attachment D) to House Bill 16-1300. The motion was ruled out of order.
SECONDED: Humphrey
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



The committee recessed.





03:19 PM



The committee reconvened. The chair ruled that amendment L.007 did not fit under the bill's title.





































03:19 PM



Representative Ryden wrapped up her presentation of the bill.

BILL: HB16-1300
TIME: 03:21:59 PM
MOVED: Ryden
MOTION: Refer House Bill 16-1300, as amended, to the Committee on Appropriations. 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





03:23 PM -- SB16-074



Representative Dore, sponsor, presented Senate Bill 16-074 to the committee. This bill allows a voter to opt out of automatically receiving mail ballots by completing a form on the statewide online voter registration system. A voter who has opted out may also choose to resume receiving mail ballots through the process established by the Secretary of State. In addition, the bill authorizes the Secretary of State's Office to use federal "Help America Vote Act" (HAVA) funds to purchase twenty-four hour ballot drop boxes and video surveillance equipment for every county in the state, unless a county submits a written waiver requesting to opt out of receiving the new equipment.



Committee members discussed the bill with Representative Dore.



03:37 PM --
Suzanne Staiert, Deputy Secretary of State, testified in support of the bill and responded to committee member questions.



03:47 PM --
Amber McReynolds, representing the city and county of Denver, testified against the bill and responded to committee member questions.



03:55 PM --
Mary Eberle, representing herself, testified on the bill.



03:59 PM --
Carol Tone, representing the League of Women Voters of Colorado, testified on the bill.

















04:01 PM --
Jennifer Levin, representing Disability Law Colorado, testified against the bill.



04:04 PM --
Elena Nunez, representing Colorado Common Cause, testified against the bill.





04:07 PM



Representative Dore wrapped up his presentation of the bill.

BILL: SB16-074
TIME: 04:12:24 PM
MOVED: Neville P.
MOTION: Refer Senate Bill 16-074 to the Committee on Appropriations. 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: SB16-074
TIME: 04:12:59 PM
MOVED: Lontine
MOTION: Postpone Senate Bill 16-074 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





04:13 PM



The committee recessed.





04:13 PM -- SB16-070



Representative Everett, sponsor, presented Senate Bill 16-070 to the committee. The reengrossed bill prohibits an employer from requiring employee membership in a labor organization as a condition of employment or from requiring employees to pay dues or fees to a labor organization, charity, or other third party. Standing agreements that violate these prohibitions are made void. The bill also defines all-union agreements as unfair labor practices. It requires a labor organization to prorate and refund a member's dues within 30 days of the member's resignation, and it specifies that a labor organization must not use an employee's dues for political contributions without the employee's express consent. Violations by employers are considered unclassified misdemeanors and are subject to civil and criminal penalties of a fine up to $1,000, imprisonment in county jail for up to 90 days, or both. Civil remedies include all damages and attorney fees resulting from the violation. The attorney general or the district attorney of each judicial district is responsible for investigating complaints and taking actions to enforce the statute. Federal employers and employees, as well as those covered by the Railway Labor Act, are exempt from the bill.



04:20 PM --
John Soper, representing himself, testified against the bill and responded to committee member questions.



04:23 PM --
Mark Latimer, representing Associated Builders and Contractors, testified in support of the bill and responded to committee member questions.





















04:29 PM --
Michael Williams, representing the International Union of Painters and Allied Trades, testified against the bill and responded to committee member questions.



04:36 PM --
Mark Madsen, representing Teamsters Local 455, testified against the bill and responded to committee member questions.



04:43 PM --
Ralph Lufen, representing the Rocky Mountain Chapter of the National Electrical Contractors Association, testified against the bill.



04:45 PM --
Thomas O'Reilly, representing the United Food and Commercial Workers Local 7, testified against the bill.



04:49 PM --
Dan Bergman, representing himself, testified in support of the bill.





04:52 PM



Representative Everett wrapped up his presentation of the bill. Committee members commented on the bill.

BILL: SB16-070
TIME: 04:56:37 PM
MOVED: Neville P.
MOTION: Refer Senate Bill 16-070 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
Lontine
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























BILL: SB16-070
TIME: 04:57:42 PM
MOVED: Lontine
MOTION: Postpone Senate Bill 16-070 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





04:58 PM



The committee recessed.





05:01 PM -- HB16-1235



Representative Van Winkle, sponsor, presented House Bill 16-1235 to the committee. This bill changes the duties and composition of the state and district commissions on judicial performance, including with regard to district commissions, the Office of Judicial Performance Evaluation, and the judicial performance criteria.



05:08 PM --
Chris Forsyth, representing the Judicial Integrity Project, testified in support of the bill and provided a packet of information to committee members (Attachment E). Mr. Forsyth responded to committee member questions.



16HouseState0404AttachE.pdf16HouseState0404AttachE.pdf



05:20 PM --
Jeff Ruebel, representing the Colorado Defense Lawyers Association, testified against the bill and responded to committee member questions.



05:24 PM --
Rebecca Love Kourlis, representing the Institute for the Advancement of the American Legal System at the University of Denver, testified on the bill and responded to committee member questions.





















05:35 PM --
Athena Roe, representing herself, testified in support of the bill.



05:37 PM --
Kent Wagner, representing the State Commission on Judicial Performance, testified against the bill and responded to committee member questions.



05:56 PM --
Karen Kalavity, representing herself, testified in support of the bill and responded to committee member questions.



06:00 PM --
Bob Miller, representing the Colorado Judicial Institute and the Colorado Bar, testified against the bill.



06:04 PM --
Ruth Sadler, representing Families Against Court Embezzlement Unethical Standards (FACEUS.org), testified in support of the bill.



06:09 PM --
Rosemary Van Gorder, representing the Committee for Judicial Justice, testified in support of the bill.



06:14 PM --
Luanne Fleming, representing FACEUS.org, testified in support of the bill.



06:17 PM --
Robin Austin, representing FACEUS.org, testified in support of the bill. He also read testimony from Cliff Battista in support of the bill. Mr. Austin responded to committee member questions.



06:30 PM --
Peter Coulter, representing himself, testified in support of the bill.



06:39 PM --
Gregg Leverett, representing the Committee for Judicial Justice, testified in support of the bill.



06:45 PM --
Laurie Forsyth, representing herself, testified in support of the bill.



06:48 PM --
Deborah Dooley, representing herself, testified in support of the bill.



06:54 PM --
Wanda Juzefczyk, representing herself, testified in support of the bill.



07:01 PM --
Gilbert Tso, representing the Pro Se Alliance, testified in support of the bill. He also read testimony from John Hentges in support of the bill (Attachment F).



16HouseState0404AttachF.pdf16HouseState0404AttachF.pdf



































07:07 PM



Representative Van Winkle discussed amendment L.001 (Attachment G).



16HouseState0404AttachG.pdf16HouseState0404AttachG.pdf

BILL: HB16-1235
TIME: 07:08:32 PM
MOVED: Neville P.
MOTION: Adopt amendment L.001 (Attachment G) to House Bill 16-1235. The motion passed without objection.
SECONDED: Wist
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















































07:09 PM



Representative Van Winkle discussed amendment L.002 (Attachment H).



16HouseState0404AttachH.pdf16HouseState0404AttachH.pdf

BILL: HB16-1235
TIME: 07:09:28 PM
MOVED: Neville P.
MOTION: Adopt amendment L.002 (Attachment H) to House Bill 16-1235. 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





















































07:09 PM



Representative Van Winkle discussed amendment L.004 (Attachment I).



16HouseState0404AttachI.pdf16HouseState0404AttachI.pdf

BILL: HB16-1235
TIME: 07:10:19 PM
MOVED: Humphrey
MOTION: Adopt amendment L.004 (Attachment I) to House Bill 16-1235. The motion passed without objection.
SECONDED: Leonard
VOTE
Foote
Humphrey
Leonard
Neville P.
Primavera
Tyler
Wist
Lontine
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















































07:10 PM



Representative Van Winkle discussed amendment L.006 (Attachment J).



16HouseState0404AttachJ.pdf16HouseState0404AttachJ.pdf

BILL: HB16-1235
TIME: 07:11:21 PM
MOVED: Neville P.
MOTION: Adopt amendment L.006 (Attachment J) to House Bill 16-1235. 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





















































07:11 PM



Representative Van Winkle discussed amendment L.010 (Attachment K).



16HouseState0404AttachK.pdf16HouseState0404AttachK.pdf

BILL: HB16-1235
TIME: 07:12:51 PM
MOVED: Neville P.
MOTION: Adopt amendment L.010 (Attachment K) to House Bill 16-1235. 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





















































07:13 PM



Representative Van Winkle wrapped up his presentation of the bill.

BILL: HB16-1235
TIME: 07:15:41 PM
MOVED: Neville P.
MOTION: Refer House Bill 16-1235, as amended, to the Committee on Appropriations. 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: HB16-1235
TIME: 07:17:30 PM
MOVED: Lontine
MOTION: Postpone House Bill 16-1235 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















07:18 PM -- HB16-1200



Representative Ransom, sponsor, presented House Bill 16-1200 to the committee and provided a packet of information (Attachment L). Under current law, physicians and institutions that perform abortions are prohibited from transferring fetal tissue in exchange for valuable consideration to any organization or person that conducts research using fetal tissue or that transplants fetal tissue for therapeutic purposes. This bill transfers enforcement and investigative authority concerning this prohibition from the Department of Public Health and Environment to the Attorney General in the Department of Law. Under the bill, the Attorney General is tasked with investigating any alleged violation of this prohibition.



Committee members discussed the bill with Representative Ransom.



07:34 PM --
Barry Arrington, representing himself, testified in support of the bill and provided a packet of information (Attachment M). He responded to committee member questions.



16HouseState0404AttachM.pdf16HouseState0404AttachM.pdf



07:42 PM --
Denise Maes, representing the ACLU of Colorado, testified against the bill and responded to committee member questions.



07:47 PM --
Scott Horak, representing himself, testified in support of the bill and responded to committee member questions.



07:54 PM --
Gena Ozols, representing NARAL Pro Choice Colorado, testified against the bill and provided a handout (Attachment N). She responded to committee member questions.



16HouseState0404AttachN.pdf16HouseState0404AttachN.pdf



08:01 PM --
Michael Norton, representing Colorado Family Action and the Alliance Defending Freedom, testified in support of the bill and provided a handout (Attachment O). He responded to committee member questions.



16HouseState0404AttachO.pdf16HouseState0404AttachO.pdf



08:12 PM --
Molly Swank, representing herself, testified against the bill.



08:16 PM --
Thomas Perille, representing himself, testified in support of the bill.























08:20 PM



Representative Ransom wrapped up her presentation of the bill.

BILL: HB16-1200
TIME: 08:27:22 PM
MOVED: Neville P.
MOTION: Refer House Bill 16-1200 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
Lontine
No
Ryden
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























































BILL: HB16-1200
TIME: 08:27:52 PM
MOVED: Lontine
MOTION: Postpone House Bill 16-1200 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





08:28 PM



The committee adjourned.