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H_SA_2017A 04/20/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/20/2017
ATTENDANCE
Time: 12:03 PM to 01:16 PM
Benavidez
*
Hooton
*
Place: LSB A
Humphrey
X
Leonard
X
This Meeting was called to order by
Melton
X
Representative Foote
Weissman
X
Williams D.
*
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:
SB17-156

SB17-217

SB17-219

HB17-1259

HCR17-1001

HR17-1007
Postponed Indefinitely

Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to House Appropriations

Postponed Indefinitely

Postponed Indefinitely





12:03 PM -- SB17-156



Representative Wist and Representative Saine, co-prime bill sponsors, presented Senate Bill 17-156. The bill requires that a homeowners' association (HOA) use mediation or arbitration before a lawsuit can be filed in disputes involving construction defects against a development party. If an HOA had governing documents that required mediation or arbitration at the time of construction, the HOA must adhere to that original policy in construction defect cases.



In addition to submitting to mediation or arbitration before filing a lawsuit, the HOA's executive board must send an advance notice to all unit owners that includes a general description of the claim, the relief sought, and a good-faith estimate of the benefits and risks involved in a format outlined in the bill. The HOA's executive board must obtain signed, written consent from a majority of the unit owners acknowledging that the owner has received the notice required under the bill and approves of the board's proposed action.



Prior to the purchase and sale of property in an HOA, the bill requires that a disclosure notice inform the purchaser that he or she is required to become a member of the HOA, and that the community bylaws may require that certain disputes be resolved by mandatory binding arbitration.



The bill also adds notice requirements for lawsuits initiated by HOAs in matters other than construction defect claims. Specifically, the HOA must provide notice to unit owners at least 30 days prior to commencement of the legal action.
















BILL: SB17-156
TIME: 12:05:37 PM
MOVED: Foote
MOTION: Moved to lay over Senate Bill 17-156 until May 12, 2017. The motion has the effect of postponing the bill indefinitely. The motion passed on a vote of 8-0, with one member excused. The motion passed on a vote of 8-0.
SECONDED: Weissman
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
Yes
Melton
Yes
Weissman
Yes
Williams D.
Excused
Lontine
Yes
Foote
Yes
Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





12:06 PM -- SB17-217



Representative Michaelson Jenet, bill sponsor, presented Senate Bill 17-217. Under current law, the Board of Commissioners for Veterans Community Living Centers is scheduled to repeal on July 1, 2017. The bill eliminates the repeal date of the board, continuing it indefinitely.



12:07 PM --
Richard Young, United Veterans Committee of Colorado, testified in support of the bill. Mr. Young answered questions from the committee.

















































12:09 PM



Representative Michaelson Jenet made concluding remarks about the bill.

BILL: SB17-217
TIME: 12:09:44 PM
MOVED: Humphrey
MOTION: Refer Senate Bill 17-217 to the Committee of the Whole. The motion passed on a vote of 8-0, with one member excused.
SECONDED: Weissman
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
Yes
Melton
Excused
Weissman
Yes
Williams D.
Yes
Lontine
Yes
Foote
Yes
Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





























































12:10 PM -- SB17-219



Representative Lontine, bill sponsor, presented Senate Bill 17-219. Under current law, the authority to form local advisory boards for veteran community living centers is scheduled to repeal on July 1, 2017. The bill eliminates the repeal date, and continues the boards indefinitely.

BILL: SB17-219
TIME: 12:11:56 PM
MOVED: Lontine
MOTION: Refer Senate Bill 17-219 to the Committee of the Whole. The motion passed on a vote of 7-0, with two members excused.
SECONDED: Weissman
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
Yes
Leonard
Yes
Melton
Excused
Weissman
Yes
Williams D.
Excused
Lontine
Yes
Foote
Yes
Final YES: 7 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

























































12:12 PM -- HB17-1259



Representative Weissman, bill sponsor, reminded the committee of the previous hearing on House Bill 17-1259, concerning a requirement that an independent expenditure committee created by a candidate for public office is subject to constitutional requirements governing limits on contributions to such candidates, which was held on April 5, 2017. He explained amendment L.003 (Attachment A).



17HouseState0420AttachA.pdf17HouseState0420AttachA.pdf



12:18 PM



Representative Weissman answered questions from the committee about amendment L.003.

BILL: HB17-1259
TIME: 12:17:36 PM
MOVED: Weissman
MOTION: Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED: Lontine
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection









































12:19 PM



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

BILL: HB17-1259
TIME: 12:20:22 PM
MOVED: Weissman
MOTION: Refer House Bill 17-1259, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED: Melton
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





12:21 PM -- HCR17-1001



Representative Lundeen, bill sponsor, presented House Concurrent Resolution 17-1001. The concurrent resolution refers a ballot question to voters changing the operations of the state legislature. The referred measure will appear on the ballot for the election to be held November 6, 2018. If approved by voters, the measure will:



• decrease the length of the regular session of the state legislature from 120 days to 90 days in even-numbered years and 60 days in odd-numbered years;

• limit the number of bills and resolutions that a member of the General Assembly may introduce to two bills and two resolutions in any regular legislative session, excluding bills for appropriations and bills recommended by committees;

• allow both chambers of the General Assembly to create a restrictive process to authorize an exemption from the specified bill and resolution limits; and

• implement a biennial state budget cycle beginning in FY 2020-21 and specify the process for considering the general appropriations bill. The process includes the Joint Budget Committee dividing the appropriations bill by subject matter for consideration by the committees of reference in each chamber. Committees may not increase funding for any agency or institution.



Representative Lundeen answered questions from the committee.

















12:43 PM



Representative Lundeen provided letters of support from Laura Carno and the Independence Institute (Attachments B and C).



17HouseState0420AttachB.pdf17HouseState0420AttachB.pdf 17HouseState0420AttachC.pdf17HouseState0420AttachC.pdf



12:44 PM



Representative Lundeen explained amendment L.001 (Attachment D).



17HouseState0420AttachD.pdf17HouseState0420AttachD.pdf

BILL: HCR17-1001
TIME: 12:44:52 PM
MOVED: Humphrey
MOTION: Adopt amendment L.001 (Attachment D). The motion passed without objection.
SECONDED: Williams D.
VOTE
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





































12:45 PM



Representative Lundeen made concluding remarks about the resolution. Committee members made comments about the resolution.

BILL: HCR17-1001
TIME: 12:52:39 PM
MOVED: Leonard
MOTION: Refer HCR17-1001, as amended, to the Committee on Appropriations. 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: HCR17-1001
TIME: 12:53:45 PM
MOVED: Melton
MOTION: Postpone HCR17-1001 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Lontine
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















12:54 PM -- HR17-1007



Representative McKean, bill sponsor, presented House Resolution 17-1007. The resolution limits the use of an individual's name in legislative measures.



Representative McKean answered questions from the committee.





01:02 PM



Representative Benavidez explained amendment L.001 (Attachment E). Representative McKean made comments about amendment L.001. The committee discussed amendment L.001.



17HouseState0420AttachE.pdf17HouseState0420AttachE.pdf

BILL: HR17-1007
TIME: 01:07:07 PM
MOVED: Benavidez
MOTION: Adopt amendment L.001 (Attachment E). The motion passed on a vote of 6-3.
SECONDED: Lontine
VOTE
Benavidez
Yes
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS







































01:08 PM



Representative McKean made concluding remarks about the resolution. Committee members made comments about the resolution.

BILL: HR17-1007
TIME: 01:14:04 PM
MOVED: Williams D.
MOTION: Refer HR17-1007, as amended, to the full House. The motion failed on a vote of 2-7.
SECONDED: Humphrey
VOTE
Benavidez
No
Hooton
No
Humphrey
Yes
Leonard
No
Melton
No
Weissman
No
Williams D.
Yes
Lontine
No
Foote
No
YES: 2 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




















































BILL: HR17-1007
TIME: 01:15:34 PM
MOVED: Melton
MOTION: Postpone HR17-1007 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Lontine
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





01:16 PM



The committee adjourned.


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