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H_SA_2017A 04/19/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/19/2017
ATTENDANCE
Time: 01:39 PM to 09:52 PM
Benavidez
X
Hooton
X
Place: LSB A
Humphrey
X
Leonard
X
This Meeting was called to order by
Melton
*
Representative Foote
Weissman
X
Williams D.
X
This Report was prepared by
Lontine
X
Amanda King
Foote
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1281

HB17-1279

SB17-182

SB17-132

SB17-191

SB17-181

SB17-004
Amended, Referred to House Appropriations

Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely





01:39 PM -- HB17-1281



Representative Singer, bill sponsor, presented House Bill 17-1281. The bill authorizes counties, municipalities, school districts, and special districts (local governments) to use approval voting in non-partisan elections beginning November 1, 2017. The Department of State is required to adopt approval voting rules prior to October 1, 2017, advise local governments on the implementation of this voting method, and submit a report to the General Assembly on the use of approval voting by February 15, 2020. The bill also authorizes a county clerk to decline to coordinate an election for a local government that chooses to hold an approval voting election.



Representative Singer showed a video and provided a handout to the committee (Attachment A). Representative Singer answered questions from the committee.



17HouseState0419AttachA.pdf17HouseState0419AttachA.pdf



01:57 PM --
Suzanne Staiert, Department of State, testified in opposition to the bill. Ms. Staiert answered questions from the committee.



02:01 PM --
John Brackney, representing himself, testified in support of the bill. Mr. Brackney answered questions from the committee.

















02:07 PM --
Martha Tierney, America Votes, testified in opposition to the bill. Ms. Tierney answered questions from the committee.



02:13 PM --
Harry Hempy, Greater Boulder County Green Party, testified in support of the bill.



02:18 PM --
Kjersten Forseth, Colorado AFL-CIO, testified in opposition to the bill.



02:21 PM --
Paul Tiger, Approval Voting 4 Colorado, testified in support of the bill. Mr. Tiger answered questions from the committee.



02:26 PM --
Lauren Martens, Service Employees International Union, testified in opposition to the bill. Mr. Martens answered questions from the committee.



02:33 PM --
Carol Tone, League of Women Voters of Colorado, testified in support of the bill.



02:36 PM --
Karen Goldman, Colorado Municipal League and Colorado Municipal Clerks Association, testified in a neutral capacity.



02:39 PM --
Mike Spalding, representing himself, testified in support of the bill.



02:40 PM --
Wayne Harlos, Libertarian Party of Colorado, testified in support of the bill.



02:42 PM --
Frank Atwood, representing himself, testified in support of the bill.



02:45 PM --
Elizabeth Steele, Colorado Common Cause, testified in support of the bill.



02:47 PM --
Blake Huber, representing himself, testified in support of the bill.



02:51 PM --
William Baer, representing himself, testified in support of the bill.



02:56 PM --
Harvie Branscomb, electionquality.com, testified in support of the bill.



03:00 PM --
Bo Shaffer, representing himself, testified in support of the bill. Mr. Shaffer answered questions from the committee.



03:07 PM --
Neal McBurnett, representing himself, testified in support of the bill.



03:11 PM --
Natalie Menten, representing herself, testified in support of the bill. Ms. Menten answered questions from the committee.



03:16 PM --
Alexander Winkler, representing himself, testified in support of the bill.































03:20 PM



Representative Singer explained amendment L.004 (Attachment B).



17HouseState0419AttachB.pdf17HouseState0419AttachB.pdf

BILL: HB17-1281
TIME: 03:21:48 PM
MOVED: Hooton
MOTION: Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED: Benavidez
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





















































03:22 PM



Representative Singer made concluding remarks about the bill. Committee members commented on the bill.

BILL: HB17-1281
TIME: 03:29:21 PM
MOVED: Hooton
MOTION: Refer House Bill 17-1281, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-3.
SECONDED: Foote
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
Yes
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
No
Foote
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:31 PM -- HB17-1279



Representative Garnett and Representative Saine, co-prime bill sponsors, presented House Bill 17-1279. Before an executive board of a homeowners association (HOA) can initiate a construction defect lawsuit, this bill requires that the board first:



• notify all unit owners of the HOA and the builder(s) of the development of any plans to bring a construction defect lawsuit;

• convene a meeting for the board and the developer to present relevant facts and arguments to HOA unit owners; and

• obtain the approval of a majority of the unit owners.



The bill dictates various disclosures that must be included in the notification to HOA unit owners and construction professionals, and sets deadlines for the board to provide the notifications, convene a meeting, and collect votes for or against a construction defect lawsuit.



























03:37 PM



Representative Wist, bill co-sponsor, made comments about House Bill 17-1279.





03:43 PM



Representative Garnett answered questions from the committee. Representative Garnett distributed amendments L.001, L.003, L.004, L.005, L.006, and L.007 (Attachments C through H) and gave a brief overview of the amendments. Representative Wist and Representative Saine made comments about the proposed amendments.



17HouseState0419AttachC.pdf17HouseState0419AttachC.pdf 17HouseState0419AttachD.pdf17HouseState0419AttachD.pdf



17HouseState0419AttachE.pdf17HouseState0419AttachE.pdf 17HouseState0419AttachF.pdf17HouseState0419AttachF.pdf



17HouseState0419AttachG.pdf17HouseState0419AttachG.pdf 17HouseState0419AttachH.pdf17HouseState0419AttachH.pdf



03:43 PM --
Suzanne Leff, Community Associations Institute, testified in support of the bill. Ms. Leff answered questions from the committee.



03:53 PM --
Mayor Adam Paul, City of Lakewood, testified in support of the bill. Mayor Paul answered questions from the committee.



03:57 PM --
Jonathan Harris, Build Our Homes Right, testified in support of the bill. Mr. Harris answered questions from the committee.



04:01 PM --
Nick Remus, American Institute of Architects Colorado, testified in support of the bill.



04:04 PM --
Phil Ross, representing himself, testified in support of the bill.



04:09 PM --
Kathie Barstnar, Homeownership Opportunity Alliance and NAIOP - the Commercial Real Estate Development Association, testified in support of the bill. She provided a handout to the committee (Attachment I). Ms. Barstnar answered questions from the committee.



17HouseState0419AttachI.pdf17HouseState0419AttachI.pdf

























04:19 PM



Representative Garnett explained amendment L.001.

BILL: HB17-1279
TIME: 04:20:29 PM
MOVED: Hooton
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection, with three members excused.
SECONDED: Benavidez
VOTE
Benavidez
Hooton
Humphrey
Excused
Leonard
Melton
Excused
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection































































04:21 PM



Representative Garnett and Representative Wist explained amendment L.003 and answered questions from the committee about amendment L.003. Representative Wist, Representative Garnett, and Representative Saine answered questions from the committee about amendment L.003.

BILL: HB17-1279
TIME: 04:27:37 PM
MOVED: Leonard
MOTION: Adopt amendment L.003 (Attachment D). The motion passed without objection, with one member excused.
SECONDED: Benavidez
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection























































04:28 PM



Representative Wist explained amendment L.004.

BILL: HB17-1279
TIME: 04:29:13 PM
MOVED: Humphrey
MOTION: Adopt amendment L.004 (Attachment E). The motion passed without objection, with one member excused.
SECONDED: Melton
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





























































04:29 PM



Representative Garnett explained amendment L.005. Representative Wist answered questions from the committee about amendment L.005.

BILL: HB17-1279
TIME: 04:33:05 PM
MOVED: Melton
MOTION: Adopt amendment L.005 (Attachment F). The motion passed without objection, with one member excused.
SECONDED: Leonard
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



























































04:33 PM



Representative Garnett explained amendment L.006. The committee members discussed amendment L.006. Representative Wist answered questions from the committee about amendment L.006. Representative Saine made comments to the committee about amendment L.006.

BILL: HB17-1279
TIME: 04:36:32 PM
MOVED: Melton
MOTION: Adopt amendment L.006 (Attachment G). The motion passed without objection, with one member excused.
SECONDED: Hooton
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



























































04:37 PM



Representative Garnett and Representative Wist explained amendment L.007. Representative Garnett, Representative Wist, and Representative Saine answered questions from the committee about amendment L.007 and the bill.

BILL: HB17-1279
TIME: 04:46:18 PM
MOVED: Leonard
MOTION: Adopt amendment L.007 (Attachment H). The motion passed without objection, with one member excused.
SECONDED: Melton
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
Excused
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

























































04:47 PM



Representative Garnett, Representative Saine, and Representative Wist made concluding remarks about the bill. Committee members commented on the bill.

BILL: HB17-1279
TIME: 05:01:15 PM
MOVED: Melton
MOTION: Refer House Bill 17-1279, as amended, to the Committee of the Whole. The motion passed on a vote of 8-0, with one member excused.
SECONDED: Williams D.
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
Yes
Melton
Yes
Weissman
Yes
Williams D.
Yes
Lontine
Yes
Foote
Excused
Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





05:02 PM



The committee took a brief recess.

















































05:12 PM -- SB17-182



Representative Lontine called the committee back to order.



Representative Willett and Representative Neville presented Senate Bill 17-182. The reengrossed bill clarifies that an insurer is not required to reimburse a policyholder for an amount that exceeds actual damages caused during a collision covered by an uninsured or under-insured motorist (UM/UIM) coverage policy, and defines UI/UIM vehicles. The maximum liability of the insurer is the lesser of:



• the difference between the limit of UM/UIM coverage and the amount paid to the insured by or for any person or organization who may be held legally liable for the bodily injury; or

• the amount of damages sustained but not recovered.



The bill also allows UM/UIM policies to contain provisions that prohibit stacking the limits of more than one policy, if the provisions are included in a single policy covering multiple vehicles or in multiple policies issued by one insurer or by insurers under common ownership or management. However, stacking of UM/UIM policies issued to an insured by different companies or to an unrelated person is permitted. The Insurance Commissioner in the Department of Regulatory Agencies must accept policies that prohibit stacking the limits of more than one UI/UIM coverage policy.



05:23 PM --
Kelly Campbell, Property and Casualty Insurance Association of America, testified in support of the bill. Ms. Campbell answered questions from the committee.





05:32 PM



Representative Neville made comments to the committee. Ms. Campbell answered additional questions from the committee.



05:51 PM --
Darin Schanker, Colorado Trial Lawyers Association, testified against the bill. Mr. Schanker answered questions from the committee.





06:05 PM



Representative Willett made comments to the committee. Mr. Shanker answered additional questions from the committee.



06:11 PM --
Gary Frisch, Professional Independent Insurance Agents of Colorado, testified in support of the bill.



06:15 PM --
Gary Dyer, Farmers Insurance, testified in support of the bill.



06:18 PM --
Baille Barbour, State Farm Insurance, testified in support of the bill.























06:22 PM



Mr. Dryer answered questions from the committee.



06:24 PM --
Saul Sarney, Colorado Trial Lawyers Association, testified in opposition to the bill. Mr. Sarney answered questions from the committee.



06:37 PM --
Richard Orona, Colorado Defense Lawyers Association, testified in support of the bill. Mr. Orona answered questions from the committee.



06:48 PM --
Jackie Booker, representing herself, testified in support of the bill.





06:53 PM



Representative Willett and Representative Neville made concluding remarks about the bill.

BILL: SB17-182
TIME: 06:58:44 PM
MOVED: Williams D.
MOTION: Refer Senate Bill 17-182 to the Committee of the Whole. The motion failed on a vote of 3-6.
SECONDED: Humphrey
VOTE
Benavidez
No
Hooton
No
Humphrey
Yes
Leonard
Yes
Melton
No
Weissman
No
Williams D.
Yes
Lontine
No
Foote
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL






























BILL: SB17-182
TIME: 06:59:45 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-182 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Benavidez
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:00 PM -- SB17-132



Representative Wist and Representative Melton, co-prime bill sponsors, presented Senate Bill 17-132. The reengrossed bill, recommended by the Colorado Commission on Uniform State Laws, repeals current state laws regulating notaries public, and enacts the National Uniform Law Commission's (ULC) Revised Uniform Law on Notarial Acts, as amended by ULC in 2016. The bill modernizes notary responsibilities and electronic recording processes; seeks to promote uniformity among state laws regarding notarial acts; allows the recognition of notarial acts from other jurisdictions; makes minor changes to the penalties related to notary misconduct; and allows a notary to leave his or her journal with their employer instead of retaining it or sending it to state archives. The bill also postpones the sunset review of notaries law from July 1, 2018, to September 1, 2023, and relocates the notaries statutes to the Secretary of State's (SOS) article.



The bill creates a working group, appointed by the SOS, to study and make recommendations regarding electronic remote notarization over the course of at least four meetings by December 1, 2017. The SOS is required to promulgate rules regarding electronic remote notarization by October 1, 2018, after which notaries may perform a notarial act by electronic remote notarization for a fee not to exceed $25.



Representative Melton explained amendment L.014 (Attachment J).



17HouseState0419AttachJ.pdf17HouseState0419AttachJ.pdf























07:08 PM -- Julie Brickley, Signed-N-Sealed Notaries, testified in opposition to the bill unless amended.



07:13 PM --
Tim Griesmer, Department of State, testified in opposition of the bill, but in support of amendment L.014



07:15 PM --
Letitia Maxfield, Colorado Bar Association, testified in support of the bill, if amended.



07:16 PM --
Michael Chodos, Notarize Inc., testified in support of the bill.



07:19 PM --
Richard Jones, Land Title Association of Colorado, testified in support of the bill, if amended.





07:21 PM



Representative Melton further explained amendment L.014.

BILL: SB17-132
TIME: 07:21:39 PM
MOVED: Melton
MOTION: Adopt amendment L.014 (Attachment J). The motion passed on a vote of 8-1.
SECONDED: Foote
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
Yes
Lontine
Yes
Foote
Yes
YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



































07:22 PM



Representative Wist and Representative Melton made concluding remarks about the bill. The committee members made comments about the bill.

BILL: SB17-132
TIME: 07:25:33 PM
MOVED: Melton
MOTION: Refer Senate Bill 17-132, as amended, to the Committee of the Whole. The motion passed on a vote of 9-0.
SECONDED: Hooton
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
Yes
Melton
Yes
Weissman
Yes
Williams D.
Yes
Lontine
Yes
Foote
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:27 PM -- SB17-191



Representative Willett and Representative Wist, co-prime bill sponsors, presented Senate Bill 17-191. Beginning on January 1, 2018, the bill eliminates the minimum post-judgment interest rate. It also requires that the interest rate on damages for personal injuries caused by tort be the same rate in statute as the post-judgment interest rate. It changes the date by which the Secretary of State is to establish the annual rate of post-judgment interest from December 21 to January 2 of each year.



07:37 PM --
Saul Sarney, Colorado Trial Lawyers Association, testified in opposition to the bill.



07:41 PM --
Gary Frisch, Professional Independent Insurance Agents of Colorado, testified in support of the bill.



07:43 PM --
Deborah Taussig, Colorado Trial Lawyers Association, testified in opposition to the bill. Ms. Taussig answered questions from the committee.

























07:47 PM --
Andrew La Fontaine, State Farm Insurance, testified in support of the bill. Mr. La Fontaine answered questions from the committee.



07:52 PM --
Mark Hillman, Colorado Civil Justice League and Colorado Association of Commerce and Industry, testified in support of the bill. Mr. Hillman answered questions from the committee.



07:56 PM --
Rob Hunter, Farmers Insurance, testified in support of the bill.





07:59 PM



Representative Willett and Representative Wist made concluding remarks about the bill. Committee members made comments on the bill.

BILL: SB17-191
TIME: 08:02:17 PM
MOVED: Williams D.
MOTION: Refer Senate Bill 17-191 to the Committee of the Whole. The motion failed on a vote of 3-6.
SECONDED: Leonard
VOTE
Benavidez
No
Hooton
No
Humphrey
Yes
Leonard
Yes
Melton
No
Weissman
No
Williams D.
Yes
Lontine
No
Foote
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


































BILL: SB17-191
TIME: 08:05:27 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-191 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Benavidez
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





08:06 PM -- SB17-181



Representative Willett, bill sponsor, presented Senate Bill 17-181. Currently in a civil action for damages, the jury is not told about insurance coverage or other sources (collateral-source) from which the plaintiff has or may receive compensation. The bill allows the presentation of collateral-source evidence, unless the plaintiff agrees to a reduced jury award. The procedure for a collateral-source determination by the court and conditions under which the plaintiff may elect to exclude amounts paid by the collateral-source rule are specified in the bill.





08:13 PM



Representative Willett answered questions from the committee.



08:17 PM --
Rob Hunter, representing himself, testified in support of the bill. Mr. Hunter answered questions from the committee.



08:25 PM --
Darin Schanker, Colorado Trial Lawyers Association, testified in opposition to the bill. Mr. Schanker answered questions from the committee.



08:35 PM --
Gary Frisch, Professional Independent Insurance Agents of Colorado, testified in support of the bill.

























08:39 PM --
Krista Meardon, Injury Finance, testified in opposition to the bill. Ms. Meardon answered questions from the committee.



08:42 PM --
Sean Karls, State Farm Insurance, testified in support of the bill. Mr. Karls answered questions from the committee.



08:56 PM --
Deborah Taussig, Colorado Trial Lawyers Association, testified in opposition to the bill.



08:59 PM --
Nate Ormond, Well States Healthcare, testified in opposition to the bill. Mr. Ormond answered questions from the committee.



09:05 PM --
Mark Hillman, Colorado Civil Justice League, testified in support of the bill.



09:09 PM --
Alan Morse, representing himself, testified in opposition to the bill. Mr. Morse answered questions from the committee.





09:14 PM



Representative Willett made concluding remarks about the bill. Committee members commented on the bill.

BILL: SB17-181
TIME: 09:23:52 PM
MOVED: Williams D.
MOTION: Refer Senate Bill 17-181 to the Committee of the Whole. The motion failed on a vote of 3-6.
SECONDED: Leonard
VOTE
Benavidez
No
Hooton
No
Humphrey
Yes
Leonard
Yes
Melton
No
Weissman
No
Williams D.
Yes
Lontine
No
Foote
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL




















BILL: SB17-181
TIME: 09:24:33 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-181 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Foote
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





09:26 PM -- SB17-004



Representative Wist reminded the committee of the hearing on Senate Bill 17-004 that was held on Thursday, April 13, 2017.





09:28 PM



Zach Lynkiewicz, Department of Health Care Policy and Financing, was asked to the table to answer questions from the committee.



















































09:43 PM



Representative Wist made concluding remarks about the bill. Committee members made comments about the bill.

BILL: SB17-004
TIME: 09:48:29 PM
MOVED: Williams D.
MOTION: Refer Senate Bill 17-004 to the Committee of the Whole. The motion failed on a vote of 3-5, with one member excused.
SECONDED: Leonard
VOTE
Benavidez
No
Hooton
No
Humphrey
Yes
Leonard
Yes
Melton
Excused
Weissman
No
Williams D.
Yes
Lontine
No
Foote
No
YES: 3 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL
































































BILL: SB17-004
TIME: 09:51:44 PM
MOVED: Foote
MOTION: Postpone Senate Bill 17-004 indefinitely. The motion passed on a vote of 5-3, with one member excused.
SECONDED: Weissman
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Excused
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 5 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS





09:52 PM



The committee adjourned.


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