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H_SA_2017A 04/26/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 04/26/2017
ATTENDANCE
Time: 02:04 PM to 09:15 PM
Benavidez
X
Hooton
*
Place: RM 271
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:
HB17-1254

HB17-1327

SB17-204

SB17-002

SB17-116
Amended, Referred to the Committee of the Whole

Referred to House Local Government

Postponed Indefinitely

Postponed Indefinitely

Postponed Indefinitely





02:04 PM -- HB17-1254



Representative Salazar and Representative K. Becker, bill co-prime sponsors, presented House Bill 17-1254. The bill removes the cap on damages for noneconomic loss or injury that may be awarded in an action for the wrongful death of a minor child and clarifies that the definition of a minor child applies to a person who has not yet reached the age of 21. Representative Salazar explained amendment L.002 (Attachment A).



17HouseState0426AttachA.pdf17HouseState0426AttachA.pdf



02:13 PM --
Mary Burgin, representing herself, testified in support of the bill.



02:18 PM --
Mike O'Connell, representing himself, testified in support of the bill. Mr. O'Connell answered questions from the committee.



02:25 PM --
Evan Stephenson, Colorado Civil Justice League, testified in opposition to the bill. Mr. Stephenson answered questions from the committee.



02:42 PM --
Sommer Luther, Colorado Trial Lawyers Association, testified in support of the bill. Ms. Luther answered questions from the committee.





















02:53 PM --
Dianna Orf, Colorado Water Congress, testified in opposition to the bill.



02:56 PM --
Jeff Ruebel, Colorado Defense Lawyers Association, testified in opposition to the bill. Mr. Ruebel answered questions from the committee.





03:03 PM



Representative Salazar further explained amendment L.002.

BILL: HB17-1254
TIME: 03:04:00 PM
MOVED: Foote
MOTION: Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED: Weissman
VOTE
Benavidez
Hooton
Humphrey
Excused
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





















































03:04 PM



Representative K. Becker and Representative Salazar made concluding remarks about the bill. Committee members commented on the bill.

BILL: HB17-1254
TIME: 03:11:55 PM
MOVED: Lontine
MOTION: Refer House Bill 17-1254, as amended, to the Committee of the Whole. 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





03:12 PM -- HB17-1327



Representative Salazar, bill sponsor, presented House Bill 17-1327. The bill repeals Columbus Day as a state legal holiday, and replaces it with a floating paid holiday taken in the month of October. Representative Salazar answered questions from the committee.



03:19 PM --
Dan Whittemore, representing himself, testified in support of the bill.



03:21 PM --
Dominic LoSasso, Order Sons of Italy in America, testified in opposition to the bill. Mr. LoSasso answered questions from the committee.



03:31 PM --
Unity Vincent Sferrazza, Herbal Gardens Wellness Nonprofit, testified in support of the bill. Mr. Sferrazza answered questions from the committee.



























03:33 PM --
James Caffrey, Knights of Columbus, testified in opposition to the bill. He provided a handout to the committee (Attachment B). Mr. Caffrey answered questions from the committee.



17HouseState0426AttachB.pdf17HouseState0426AttachB.pdf



03:48 PM --
Dr. Roger K. Green, representing himself, testified in support of the bill. He provided a handout to the committee (Attachment C). Dr. Green answered questions from the committee.



17HouseState0426AttachC.pdf17HouseState0426AttachC.pdf



04:09 PM



Representative Salazar made comments to the committee.



04:12 PM --
Richard Mancuso, Sons of Italy, testified in opposition to the bill. Mr. Mancuso answered questions from the committee.



04:33 PM --
Olivia Loria, representing herself, testified in support of the bill.



04:34 PM --
Barbara Pietrafeso, representing herself, testified in opposition to the bill. Ms. Pietrafeso answered questions from the committee.



04:45 PM -- Nancy Peters, representing herself, testified in support of the bill.



04:50 PM --
Nancy Clark, representing herself, testified in support of the bill. Ms. Clark answered questions from the committee.



04:57 PM --
Karen Kalavity, representing herself, testified in support of the bill.



05:00 PM --
Dr. Rita DeFrange, representing herself, testified in opposition to the bill. She provided a handout to the committee (Attachment D).



17HouseState0426AttachD.pdf17HouseState0426AttachD.pdf



05:05 PM --
Bob Giusto, Sons of Italy, testified in opposition to the bill. Mr. Giusto responded to comments from the committee.

























05:10 PM --
Gina Franciamore-Knaack, Sons of Italy Lodge 2870, testified in opposition to the bill. She provided a handout to the committee (Attachment E).



17HouseState0426AttachE.pdf17HouseState0426AttachE.pdf



05:16 PM --
Richard SaBell, representing himself, testified in opposition to the bill. He provided a handout to the committee (Attachment F).



17HouseState0426AttachF.pdf17HouseState0426AttachF.pdf



05:20 PM --
Francis Brehm, Sons of Italy, testified in opposition to the bill. Mr. Brehm answered questions from the committee.



05:29 PM --
Shari Stratton, representing herself, testified in support of the bill. Ms. Stratton answered questions from the committee.



05:35 PM --
Angela Bibens, representing herself, testified in support of the bill.



05:40 PM --
Winonah Bibens Graham, representing herself, testified in support of the bill.



05:41 PM --
Anthony Polisi, representing himself, testified in opposition to the bill.



05:43 PM --
Dr. Glenn Morris, representing himself, testified in support of the bill. Dr. Morris answered questions from the committee.

























































06:06 PM



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

BILL: HB17-1327
TIME: 06:40:31 PM
MOVED: Benavidez
MOTION: Refer House Bill 17-1327 to the Committee on Local Government. The motion passed on a vote of 6-3.
SECONDED: Melton
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





06:41 PM



The committee took a brief recess.





07:04 PM -- SB17-204



Representative Foote called the committee back to order.



Representative Lawrence, bill sponsor, presented Senate Bill 17-204. Under current law, a first-party claimant is defined as an individual, corporation, association, partnership, or other legal entity asserting an entitlement to benefits owed directly to or on behalf of a person insured under the policy, including a public entity that has paid a claim for benefits due to an insurer's unreasonable delay or denial of a claim. A first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may sue to recover attorney fees, court costs, and two times the covered benefit.























The reengrossed bill modifies the definition of first-party claimant to exclude an additional insured added to the policy by endorsement and an individual, corporation, association, partnership, or other legal entity acting on behalf of an insured person, with exceptions for claims under health coverage plans. It also specifies that a first-party claimant includes the named insured or any person defined as an insured under the insurance policy.



For property and casualty causes of action and remedies, the remedy may not be assigned to another person by the first-party claimant or anyone acting on the first-party claimant's behalf.



07:07 PM --
Kelly Campbell, Property Casualty Insurers Association of America, testified in support of the bill. Ms. Campbell answered questions from the committee.



07:12 PM --
Kyle Larson, Colorado Roofing and Restoration Council, testified in opposition to the bill. Mr. Larson answered questions from the committee.



07:20 PM --
Jeff Ruebel, Colorado Defense Lawyers Association, testified in support of the bill.



07:23 PM --
Virginia Morrison Love, Colorado Association of Home Builders, testified in opposition to the bill.



07:25 PM --
Scott Smith, Colorado Association of Home Builders, testified in opposition to the bill. Mr. Smith answered questions from the committee.





07:28 PM



Ms. Morrison Love answered questions from the committee.



07:33 PM --
Michael Rosenberg, Colorado Trial Lawyers Association, testified in opposition to the bill.



07:36 PM --
Thomas Neville, Colorado Trial Lawyers Association, testified in opposition to the bill.





















































07:40 PM



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

BILL: SB17-204
TIME: 07:45:31 PM
MOVED: Humphrey
MOTION: Refer Senate Bill 17-204 to the Committee of the Whole. The motion failed on a vote of 0-8, with one excused.
SECONDED: Leonard
VOTE
Benavidez
Excused
Hooton
No
Humphrey
No
Leonard
No
Melton
No
Weissman
No
Williams D.
No
Lontine
No
Foote
No
YES: 0 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


















































BILL: SB17-204
TIME: 07:47:11 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-204 indefinitely. The motion passed on a vote of 5-3, with one excused.
SECONDED: Lontine
VOTE
Benavidez
Excused
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 5 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS





07:48 PM -- SB17-002



Representative Lawrence, bill sponsor, presented Senate Bill 17-002. Under current law, each agency reviews its rules based on a schedule set by the Department of Regulatory Agencies. Under this reengrossed bill, each agency must complete a review of all its rules by November 1, 2018. Commencing in 2021 and triennially thereafter, each department must complete a full review of all its rules.



The bill creates a requirement that agencies conducting rulemaking must give the public at least 14 business days to provide input on the agency's rules. The triennial rule reviews must include a report that contains any input from the public or other state agencies, as well as an evaluation of how each rule accounts for any applicable federal or state law passed within the previous three years. Agencies are encouraged to conduct an examination in years the triennial rule review is not due to ensure agency rules conform with state and federal laws. Updates to each report must be posted on the principal department's official website.











































07:53 PM



Committee members made comments about the bill.

BILL: SB17-002
TIME: 07:56:04 PM
MOVED: Humphrey
MOTION: Refer Senate Bill 17-002 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: SB17-002
TIME: 07:57:49 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-002 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















07:58 PM -- SB17-116



Representative Van Winkle, bill sponsor, presented Senate Bill 17-116. The reengrossed bill allows anyone 21 or older who is legally allowed to possess a handgun to carry a concealed handgun without a permit, but he or she is subject to the same rights and limitations concerning concealed carry, including the prohibition on the carrying of a concealed weapon on public school grounds.



Representative Van Winkle answered questions from the committee.



08:06 PM --
Dan Murphy, Rocky Mountain Gun Owners, testified in support of the bill.



08:08 PM --
Robert Edmiston, Firearms Coalition of Colorado, testified in support of the bill. He provided a handout to the committee (Attachment G).



17HouseState0426AttachG.pdf17HouseState0426AttachG.pdf



08:11 PM



Mr. Murphy answered questions from the committee.



08:13 PM --
Jane Dougherty, representing herself, testified in opposition to the bill.



08:17 PM --
Tom Sullivan, representing himself, testified in opposition to the bill.



08:21 PM --
Helen Kamin, representing herself, testified in opposition to the bill.



08:25 PM --
Phil Ross, representing himself, testified in support of the bill.



08:31 PM --
Linda Foreman, representing herself, testified in opposition to the bill. She read a statement from Reverend Wayne Laws, Colorado Faith Communities United to End Gun Violence, in opposition to the bill.



08:34 PM --
Robert O'Malley, representing himself, testified in opposition to the bill.



08:37 PM --
Jean Grattet, Colorado League of Women Voters, testified in opposition to the bill.



08:42 PM --
Kathleen Visovatti, representing herself, testified in opposition to the bill.



08:45 PM --
Sharon Trefny, Hunters Against Gun Violence, testified in opposition to the bill.



08:48 PM --
Jacqui Shumway, Colorado Ceasefire, testified in opposition to the bill. Ms. Shumway answered questions from the committee.























08:57 PM --
Carol McCahill, representing herself, testified in opposition to the bill.



09:01 PM --
Michael McGuire, representing himself, testified in opposition to the bill.



09:05 PM --
Connie Grieshaber, representing herself, testified in opposition to the bill.



09:09 PM --
Eileen McCarron, Colorado Ceasefire, testified in opposition to the bill.





09:13 PM



A written statement in opposition to the bill from Annette Moore was distributed to the committee members (Attachment H).



17HouseState0426AttachH.pdf17HouseState0426AttachH.pdf



09:13 PM



Representative Van Winkle made concluding remarks about the bill.

BILL: SB17-116
TIME: 09:14:45 PM
MOVED: Williams D.
MOTION: Refer Senate Bill 17-116 to the Committee on Finance. 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: SB17-116
TIME: 09:15:23 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-116 indefinitely. The motion passed on a vote of 6-3.
SECONDED: Weissman
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





09:15 PM



The committee adjourned.


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