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J_LC_2017A 11/15/2017 12:10:20 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



COMMITTEE ON LEGISLATIVE COUNCIL

Date: 11/15/2017
ATTENDANCE
Time: 12:10 PM to 01:18 PM
Becker K.
X
Buck
X
Place: RM 271
Guzman
X
Holbert
X
This Meeting was called to order by
Jones
X
Senator Grantham
Kennedy
X
Kerr
X
This Report was prepared by
Marble
X
Conrad Imel
Melton
X
Neville P.
E
Saine
X
Scott
*
Singer
X
Sonnenberg
X
Wist
X
Zenzinger
X
Duran
E
Grantham
X
X = Present, E = Excused, A = Absent, * = Present after roll call, R = Remote Participation
Bills Addressed: Action Taken:
Introductory Remarks

County Courthouse and County Jail Funding and Overcrowding Solutions Interi

Early Childhood and School Readiness Legislative Commission

Opioid and Other Substance Use Disorders Interim Study Committee

Police Officers' and Firefighters' Pension Reform Commission

Sales and Use Tax Simplification Task Force

Sentencing in the Criminal Justice System Interim Study Committee

Transportation Legislation Review Committee

Treatment of Persons with Mental Health Disorders in the Criminal Justice S

Water Resources Review Committee

Wildfire Matters Review Committee

Young and Beginning Farmers Interim Study Committee

Other Business
Witness Testimony and/or Committee Discussion Only

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Reccomendations Approved, Bill C Not Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved

Recommendation(s) Approved



12:11 PM -- Introductory Remarks



President Grantham, chair, called the meeting to order. Roll call was taken and a quorum was present. Ms. Elizabeth Burger, Committee Manager, Legislative Council Staff, came to the table and explained that the purpose of the meeting has historically been to decide whether bills proposed by interim committees fit the charge of the interim committee. She discussed how the meeting would generally proceed. Ms. Burger answered questions from the committee.



12:16 PM -- County Courthouse and County Jail Funding and Overcrowding Solutions Interi



Senator Coram, chair of the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee, presented Bills A, B, C, and Resolution A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment A. The bills are as follows:



Attachment A - County Courthouses and Jails merged files.pdfAttachment A - County Courthouses and Jails merged files.pdf



Bill A — Financial Assistance for County Jails and Courts. Bill A expands the responsibilities of the Underfunded Courthouse Facility Cash Fund Commission to include considering grants for jail construction or renovation in addition to grants for improvements to court facilities. The bill also changes the name of the commission to the Underfunded Court and Jail Facility Cash Fund Commission. The bill makes changes to allowable grant funding under the program, including allowing grants to be issued for up to 50 percent of a county’s annual voter approved debt service and creating a low-interest loan program to finance court and jail facility capital construction. Finally, the bill sets a five-year annual transfer of $30 million a year from the General Fund to the commission cash fund.



Bill B — Increase DOC Reimbursement to County Jails. The Department of Corrections (DOC) reimburses a portion of the expenses and costs incurred by counties and city and counties for housing DOC inmates. Bill B discontinues the General Assembly’s current annual rate-setting process and permanently sets this reimbursement rate in statute at $108.78 per person per day.



Bill C — Court System for Remote Participation in Hearings. Bill C requires the Division of Criminal Justice in the Colorado Department of Public Safety to consult with the Office of the State Court Administrator in the Judicial Branch to operate a telejustice program that is internet based to allow county and district courts to conduct judicial hearings with remote participation. The bill also sets forth a timeline to solicit requests for proposals, requires the promulgation of rules regarding program administration, and requires the Public Utilities Commission to identify areas of the state lacking in internet capability and make associated recommendations.



Joint Resolution A — Medicaid Eligibility Detained Individuals. Joint Resolution A urges the United States Congress to amend the law concerning Medicaid eligibility of incarcerated individuals so that persons who are detained in the state and local facilities but who have not been convicted of a crime retain their Medicaid eligibility until conviction.



Senator Coram answered questions from the committee on the various bills. Committee discussion ensued.





Mr. Mike Mauer, Director, Legislative Council Staff, came to the table in response to committee questions concerning bills that are not approved by the committee.

BILL: County Courthouse and County Jail Funding and Overcrowding Solutions Interi
TIME: 12:27:50 PM
MOVED: Saine
MOTION: Approve Bills A and B, and Joint Resolution A, as forwarded by the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection






BILL: County Courthouse and County Jail Funding and Overcrowding Solutions Interi
TIME: 12:34:32 PM
MOVED: Saine
MOTION: Approve Bill C, as forwarded by the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee, as fitting under the committee's charge. The motion passed on a vote of 15-1.
SECONDED:
VOTE
Becker K.
Yes
Buck
Yes
Guzman
Yes
Holbert
Yes
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
Yes
Melton
No
Neville P.
Excused
Saine
Yes
Scott
Yes
Singer
Yes
Sonnenberg
Yes
Wist
Yes
Zenzinger
Yes
Duran
Excused
Grantham
Yes
YES: 15 NO: 1 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



12:36 PM -- Early Childhood and School Readiness Legislative Commission



Senator Priola, Early Childhood and School Readiness Legislative Commission chair, appeared before the committee. Senator Priola described Bill A. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment B. The bills are as follows:



Attachment B - Early Childhood and School Readiness merged files.pdfAttachment B - Early Childhood and School Readiness merged files.pdf



Bill A – Align Early Childhood Quality Improvement Programs. Bill A aligns application and eligibility requirements for Colorado’s early childhood quality improvement programs. This includes the school readiness quality improvement program and the infant and toddler quality and availability grant program. Both are administered by the Department of Human Services as part of the Colorado Shines Quality Rating and Improvement System. The bill also eliminates obsolete language and aligns statutory provisions concerning the grant programs and early childhood councils. The fiscal note for this bill includes no additional funding and minimal ongoing workload.









Bill B – Substitute Placement Agency Licensure. Bill B creates a license type within the department of human services for a substitute placement agency to provide oversight to entities that place or facilitates placement of substitute child care providers in licensed child care facilities providing less than 24-hour care. Licensed substitute placement agencies will be responsible for ensuring substitute child care providers have the necessary training and background checks established in statute and in rules created by the state board of human services. The bill also allows the department to establish and collect a fee for licensing these substitute placement agencies; due to these fees, there is minimal revenues and expenditures in the fiscal note along with minimal ongoing workload.



Bill C – Extend Repeal Early Childhood Legislative Commission. Bill C extends the repeal of the Early Childhood and School Readiness Legislative Commission for five years, to be repealed effective July 1, 2023. The fiscal note includes funding for staffing from the Legislative Council.



Bill D – Use of Colorado Preschool Program Positions. Bill D clarifies that if a school district chooses to use early childhood at-risk enhancement (ECARE) slots to enroll children in the district’s full-day kindergarten program, children utilizing the ECARE slot must satisfy at least one of the eligibility requirements in the Colorado Preschool Program. The bill does not effect total funding to school districts but may shift how funds are allocated between kindergarten and preschool slots under the CPP.



Senator Priola responded to questions concerning Bill D.

BILL: Early Childhood and School Readiness Legislative Commission
TIME: 12:36:38 PM
MOVED: Becker K.
MOTION: Approve Bills A, B, C, and D, as forwarded by the Early Childhood and School Readiness Legislative Commission, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection







12:39 PM -- Opioid and Other Substance Use Disorders Interim Study Committee



Senator Lambert, vice-chair of the Opioid and Other Substance Use Disorders Interim Study Committee, and Senator Jahn, committee member, presented on the bills forwarded by the Opioid and Other Substance Use Disorders Interim Study Committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment C. The bills are as follows:



Attachment C - Opioid and Other Substance Use Disorders merged files.pdfAttachment C - Opioid and Other Substance Use Disorders merged files.pdf



Bill A – Prevention of Opioid Misuse. This bill implements several policies related to the prevention of opioid and substance misuse, including:

        • establishing the Opioid and Other Substance Use Disorders Study Committee as an ongoing year-round study committee through July 1, 2020, and authorizing the committee to meet up to six times per year and to refer up to six bills per year;
        • directing the Center for Research into Substance Use Disorder Prevention, Treatment, and Recovery Support Strategies to develop and implement continuing medical education activities to help prescribers of pain medication to safely and effectively manage patients with pain and prescribe opioids when appropriate, and directing the General Assembly to appropriate $750,000 from the Marijuana Cash Fund to the center for this purpose;
        • clarifying that behavioral health services offered by school-based health centers funded by grants from the Colorado Department of Public Health and Environment (CDPHE) may include education, intervention, and prevention services for opioid, alcohol, and other substance use disorders, and directing the General Assembly to appropriate $750,000 from the Marijuana Cash Fund to the CDPHE to fund grants to school-based health centers for this purpose;
        • directing the Department of Health Care Policy and Financing (HCPF) to award grants totaling $500,000 to one or more organizations to operate a screening, brief intervention, and referral to treatment (SBIRT) program that meets certain requirements starting on July 1, 2018; and
        • directing HCPF to develop an online interactive patient education module for women of childbearing age, and to employ a full-time employee to provide in-person training, to inform women about the risks of alcohol-exposed pregnancies, and directing the General Assembly to appropriate $150,000 from the Marijuana Cash Fund for this purpose.



Bill B – Clinical Practices for Safe Opioid Prescribing. This bill limits the number of opioid pills that a health care provider may initially prescribe to a patient to a seven-day supply. At the discretion of the provider, the prescription may include one refill for an additional seven day supply. The bill includes a number of exceptions to the limitation and allows for a health care provider to electronically prescribe opioids. With certain exceptions, the bill also requires health care providers or their designees, to query the Prescription Drug Monitoring Program (PDMP) prior to prescribing the first refill prescription for an opioid. When querying the PDMP for the first time, each health care provider or designee is required to identify his or her area of health care specialty or practice. The provisions in the bill are repealed September 1, 2021.





Bill C – Harm Reduction and Criminal Penalties. This bill authorizes a single supervised injection facility to be operated as a pilot program in the city and county of Denver. A supervised injection facility is a location where intraveneous drug user can inject previously acquired drugs in a safe and sanitary environment supervised by medical staff. The Denver Public Health Agency must seek approval from the Denver Board of Health to operate the pilot facility. The bill outlines a stakeholder process for the Denver Board of Health to follow when evaluating the approval of the pilot facility. The bill exempts employees, volunteers and participants at a supervised injection facility from drug paraphernalia laws and provides immunity from civil liability and criminal penalty resulting from their participation in an approved supervised injection facility. The Denver Public Health Agency, or the contracted nonprofit operating the pilot facility, must report to the health committees of the General Assembly by October 1, 2021. In addition, the bill allows clean syringe exchange programs to be operated in hospitals. It also allows schools and school districts to enact policies under which a school may obtain opiate antagonists for administering to persons overdosing on an opiate. A trained employee or agent of a school may administer the opiate antagonist in accordance with the school or school district policy. Lastly, the bill requires the Colorado Commission on Criminal and Juvenile Justice to study criminal penalties relating to opioids and synthetic opioids and to include its findings and recommendations in its annual report.



Bill D – Increasing Access to Behavioral Health Care Providers. This bill adds behavioral health care providers and candidates for licensure to the list of health care providers eligible for loan repayment under the Colorado Health Service Corps Program (CHSC). Candidates for licensure must serve at least two years in a health professional shortage area after obtaining a license, plus the time spent obtaining supervised experience hours. In addition, the Primary Care Office in the Colorado Department of Public Health and Environment (CDPHE) must create and administer state-designated health professional shortage areas for the CHSC, and the bill removes the previous requirement that CHSC loan repayment recipients serve in a federally designated health professional shortage area.



Beginning in FY 2018-19, the bill creates a scholarship program to cover the costs of obtaining certification as an addiction counselor for individuals who agree to serve in a state or federally designated health professional shortage area for at least six consecutive months. Scholarships may cover up to the full costs of educational materials and direct expenses and must be paid to the academic institution or state-approved trainer. The 13-member CHSC Advisory Council must review applications and make recommendations to the Primary Care Office.



Beginning in FY 2018-19, the General Assembly must annually appropriate $2.5 million from the Marijuana Tax Cash Fund for loan repayment for behavioral health care providers and candidates for licensure, and for scholarships for addiction counselors. In addition, the bill adds two members to the CHSC Advisory Council: a representative of a substance use disorder service provider and a licensed or certified addiction counselor. When considering applications from behavioral health care providers for loan repayment through the CHSC and the newly created scholarship program, the CHSC Advisory Council must give priority to applicants who are practicing with a nonprofit or public employer.



Bill E – Inpatient and Residential Substance Use Treatment. This bill adds inpatient and residential substance use disorder treatment as a benefit under the Colorado Medicaid Program, conditional upon federal approval. The Department of Health Care Policy and Financing (HCPF) must seek necessary federal approval by October 1, 2018. The benefit is limited to persons meeting nationally recognized, evidence-based, level of care criteria for residential and inpatient substance use disorder treatment. If the benefit is approved by the federal government, the bill also requires that moneys from the Marijuana Tax Cash Fund provided to managed service organizations be reprioritized to assist in providing substance use disorder treatment, including inpatient and residential treatment, to persons who are not otherwise covered by public or private health insurance.





Bill F – Payment and Coverage for Substance Use Disorder Treatment. This bill makes several changes to substance use treatment under health insurance plans and the state Medicaid program, as described below. For both individual and group health plans and Medicaid, the bill prohibits a requirement that patient undergo step therapy that mandates the use of an opioid medication prior to providing coverage for a non-opioid prescription drug recommended by a patient's health care provider; and requires that an enhanced dispensing fee be provided to pharmacists administering injections of medication-assisted treatment if the pharmacist is working under a collaborative practice agreement with one or more physicians.



For individual and group health plans, the bill also requires that health plans provide coverage for a five-day supply of buprenorphine, without prior authorization, for the first request received in a 12-month period; specifies that dollar limits, deductibles, copayments, or coinsurance for physical therapy, acupuncture, or chiropractic care, if covered by the health plan, cannot be higher than those for primary care services for covered persons who are diagnosed with chronic pain and who have or have had a substance use disorder diagnosis; requires that health plans include language when contracting with providers that states that the carrier will not take adverse action against a provider or withhold financial incentives based solely on the results of patient satisfaction surveys relating to the patient’s satisfaction with pain treatment; and requires that requests for medication-assistant treatment for substance use disorders be treated as an urgent prior authorization request that the insurer must approve or deny in a more expedited manner than non-urgent prior authorization requests.



For the Colorado Medicaid program, the bill requires that coverage be provided for an FDA-approved ready-to-use intranasal form of naloxone hydrochloride without prior authorization. In addition, the bill requires the Medicaid program and the Office of Behavioral Health in the Department of Human Services to establish rules to standardize utilization management authority timelines for the non-pharmaceutical components of medication-assisted treatment for substance use disorders.





Senator Lambert commented on experts that contributed to the work of the committee, and responded to committee questions.

BILL: Opioid and Other Substance Use Disorders Interim Study Committee
TIME: 12:44:32 PM
MOVED: Buck
MOTION: Approve Bills A, B, C, D, E, and F, as forwarded by the Opioid and Other Substance Use Disorders Interim Study Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection



12:46 PM -- Police Officers' and Firefighters' Pension Reform Commission



Representative Ginal, chair of the Police Officers' and Firefighters' Pension Reform Commission, appeared before the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment D. The bills are as follows:



Attachment D - Police Officers and Firefighters Pension Reform merged files.pdfAttachment D - Police Officers and Firefighters Pension Reform merged files.pdf





Bill A – FPPA Statewide Standard Health History Form. Members of the FPPA are required to complete a standard health history form at the time they are hired. Bill A specifies that employers are required to ensure that members complete the form. It also allows the FPPA to adopt an electronic format for the form. Finally, it specifies that any member who omits or conceals a material fact concerning his or her health history may be disqualified from receiving disability or survivor benefits.



Bill B – Employer Entry FPPA Defined Benefit System. Bill B modifies statutory provisions related to the FPPA's partial entry program. The partial entry program permits FPPA members to remain covered by the statewide money purchase plan or to join the defined benefit system. Under this bill, the application process is simplified for a local government employer to cover some or all of its members under the defined benefit system instead of the money purchase plan. An employer may also require all new employees hired after a certain date who meet certain criteria to participate in the defined benefit system.

BILL: Police Officers' and Firefighters' Pension Reform Commission
TIME: 12:46:53 PM
MOVED: Becker K.
MOTION: Approve Bill A, as forwarded by the Police Officers' and Firefighters' Pension Reform Commission, as fitting under the committee's charge. The motion passed on a vote of 13-3.
SECONDED:
VOTE
Becker K.
Yes
Buck
Yes
Guzman
No
Holbert
Yes
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
Yes
Melton
No
Neville P.
Excused
Saine
Yes
Scott
Yes
Singer
Yes
Sonnenberg
Yes
Wist
Yes
Zenzinger
No
Duran
Excused
Grantham
Yes
YES: 13 NO: 3 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS


BILL: Police Officers' and Firefighters' Pension Reform Commission
TIME: 12:48:42 PM
MOVED: Becker K.
MOTION: Approve Bill B, as forwarded by the Police Officers' and Firefighters' Pension Reform Commission, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection



12:49 PM -- Sales and Use Tax Simplification Task Force



Representative Kraft-Tharp, chair of the Sales and Use Tax Simplification Task Force, appeared before the committee. The report prepared by the task force, copies of the bill, and the committee's charge can be found in Attachment E. The bill is as follows:



Attachment E - Sales and Use Tax Simplification merged files.pdfAttachment E - Sales and Use Tax Simplification merged files.pdf





Bill A – DOR Issue Sales Tax Request for Information. This bill requires the Department of Revenue (DOR) to issue a request for information regarding the potential to contract for an electronic sales and use tax simplification system. The system would be available for use by the state and local governments, at their discretion, and would provide specified information. The information provided must identify initial costs and ongoing annual costs, as well as methods for payment by different public or private entities. The DOR is required to notify the Sales and Use Tax Simplification Task Force when the request for information has been issued. The task force is required to meet within 90 days of receiving this notification to consider information received and determine its next steps.

BILL: Sales and Use Tax Simplification Task Force
TIME: 12:49:46 PM
MOVED: Becker K.
MOTION: Approve Bill A, as forwarded by the Sales and Use Tax Simplification Task Force, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection



12:50 PM -- Sentencing in the Criminal Justice System Interim Study Committee



Representative Lee, chair of the Sentencing in the Criminal Justice System Interim Study Committee, presented to the committee on the bills forwarded to the Legislative Council Committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment F. The bills are as follows:



Attachment F - Sentencing Comm merged files.pdfAttachment F - Sentencing Comm merged files.pdf









Bill A –Determinate Sentence for Indeterminate Sex Offense. Under current law, certain sex offenders must be given an indeterminate sentence with a maximum of the offender's natural life. This bill grants the court discretion to choose between the indeterminate sentence or a determinate sentence for a term of incarceration, probation, or parole. The bill specifies the factors related to punishment and treatment that a court must consider when making its sentencing decision and requires that the court state its reasoning on the record. It also specifies the various ranges of terms of incarceration that the court should use for determinate sentences. In deciding the sentence for a term of incarceration, the court is to consider the presentence investigation sex offender evaluation, relevant evidence, and certain enumerated factors concerning the defendant’s behavior. In deciding the sentence for a term of probation, the court is to consider certain enumerated factors, including, among others, victim safety, the possibility of recidivism, and the age and maturity of the offender. If the court sentences the defendant to an indeterminate period of parole and he or she violates a condition of parole, the parole board may revoke parole for the remainder of his or her determinate term of incarceration sentence or for a period of incarceration not to exceed 90 days.



Bill B –Sentences for Habitual Criminals. This bill makes a number of changes with respect to the sentencing of habitual offenders. First, the bill repeals the provision of law that requires an offender who is convicted of a class 1, 2, 3, 4, or 5 felony or a level 1, 2, or 3 drug felony and has two previous, separate felony convictions within the last ten years to be sentenced to the Department of Corrections (DOC) for a term of three times the maximum of the presumptive range (or 48 years for a level 1 drug felony). Under current law, a court is required to sentence an individual who has three separate, prior felony convictions to four times the maximum of the presumptive range for the most recent felony. The bill amends that requirement so that it only applies to individuals convicted of specified crimes with a sentence of at least one year, both in the prior cases and the most recent case. In these types of cases, the court is required to sentence the individual to the DOC for between two and three times the maximum of the presumptive range for the most recent crime. The bill makes an exception to the sentencing of habitual offenders when the court finds that the case is exceptional and involves extenuating circumstances. In those cases, the court may sentence an individual to a lesser term, to community corrections, or to probation. The Office of the State Court Administrator is required to compile a report detailing all instances in which lesser sentences are given to habitual offenders. Finally, the bill allows the habitual offenders addressed by this bill to be eligible for parole after serving 75 percent of their sentence, less earned time.



Bill C –Reauthorize Commission on Criminal & Juvenile Justice (CCJJ). This bill extends the repeal of the CCJJ from July 1, 2018, to July 1, 2028.



Bill D –Lowering Mandatory Parole from 5 Years to 3 Years. This bill proposes reducing mandatory parole periods to three years for offenders sentenced for class 2 or class 3 felony crimes committed on and after July 1, 2018. Under current law, these crimes carry a mandatory parole period of five years, to be served after an offender's release from prison.



Bill E –CCJJ Criminal Sentencing Study. This bill requires the CCJJ to contract for a study on best practices in criminal sentencing. The study must be completed by July 1, 2019. The CCJJ must establish an advisory committee to review the study and make recommendations to the full commission for criminal sentencing changes in Colorado.





Representative Lee responded to questions concerning whether the bills fit under the committee's charge.

BILL: Sentencing in the Criminal Justice System Interim Study Committee
TIME: 12:51:14 PM
MOVED: Becker K.
MOTION: Approve Bill A, as forwarded by the Sentencing in the Criminal Justice System Interim Study Committee, as fitting under the committee's charge. The motion passed on a vote of 9-7.
SECONDED:
VOTE
Becker K.
Yes
Buck
No
Guzman
Yes
Holbert
No
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
No
Melton
Yes
Neville P.
Excused
Saine
No
Scott
No
Singer
Yes
Sonnenberg
No
Wist
No
Zenzinger
Yes
Duran
Excused
Grantham
Yes
YES: 9 NO: 7 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS


BILL: Sentencing in the Criminal Justice System Interim Study Committee
TIME: 12:56:58 PM
MOVED: Becker K.
MOTION: Approve Bill B, as forwarded by the Sentencing in the Criminal Justice System Interim Study Committee, as fitting under the committee's charge. The motion passed on a vote of 9-7.
SECONDED:
VOTE
Becker K.
Yes
Buck
No
Guzman
Yes
Holbert
No
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
No
Melton
Yes
Neville P.
Excused
Saine
No
Scott
No
Singer
Yes
Sonnenberg
No
Wist
No
Zenzinger
Yes
Duran
Excused
Grantham
Yes
YES: 9 NO: 7 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS


BILL: Sentencing in the Criminal Justice System Interim Study Committee
TIME: 12:58:06 PM
MOVED: Becker K.
MOTION: Approve Bill C, as forwarded by the Sentencing in the Criminal Justice System Interim Study Committee, as fitting under the committee's charge. The motion passed on a vote of 9-7.
SECONDED:
VOTE
Becker K.
Yes
Buck
No
Guzman
Yes
Holbert
No
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
No
Melton
Yes
Neville P.
Excused
Saine
No
Scott
No
Singer
Yes
Sonnenberg
No
Wist
Yes
Zenzinger
Yes
Duran
Excused
Grantham
No
YES: 9 NO: 7 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS


BILL: Sentencing in the Criminal Justice System Interim Study Committee
TIME: 12:59:12 PM
MOVED: Becker K.
MOTION: Approve Bill D, as forwarded by the Sentencing in the Criminal Justice System Interim Study Committee, as fitting under the committee's charge. The motion passed on a vote of 10-6.
SECONDED:
VOTE
Becker K.
Yes
Buck
No
Guzman
Yes
Holbert
No
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
No
Melton
Yes
Neville P.
Excused
Saine
No
Scott
No
Singer
Yes
Sonnenberg
No
Wist
Yes
Zenzinger
Yes
Duran
Excused
Grantham
Yes
YES: 10 NO: 6 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS


BILL: Sentencing in the Criminal Justice System Interim Study Committee
TIME: 01:00:13 PM
MOVED: Becker K.
MOTION: Approve Bill E, as forwarded by the Sentencing in the Criminal Justice System Interim Study Committee, as fitting under the committee's charge. The motion passed on a vote of 14-2.
SECONDED:
VOTE
Becker K.
Yes
Buck
No
Guzman
Yes
Holbert
Yes
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
No
Melton
Yes
Neville P.
Excused
Saine
Yes
Scott
Yes
Singer
Yes
Sonnenberg
Yes
Wist
Yes
Zenzinger
Yes
Duran
Excused
Grantham
Yes
YES: 14 NO: 2 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



01:01 PM -- Transportation Legislation Review Committee



Representative Ginal, member of the Transportation Legislation Review Committee, appeared before the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment G. The bills are as follows:



Attachment G - TLRC merged files.pdfAttachment G - TLRC merged files.pdf



Bill A – Human Trafficking Commercial Driver’s License. Bill A requires the Department of Revenue (DOR) to promulgate rules requiring commercial driver schools to include training on the recognition, prevention, and reporting of human trafficking. DOR must collaborate with organizations that specialize in the recognition and prevention of human trafficking and other state agencies when promulgating these rules. DOR must also publish information about human trafficking in a manner that is likely to be read by licensed commercial drivers or people training to obtain such licenses.











Bill B – Private Interstate Commercial Vehicle Registration. Bill B requires DOR to promulgate rules in order to allow a private provider to perform expedited vehicle registration for Class A commercial vehicles. The provider may retain a service fee, but will collect and remit the registration taxes and fees to the department. Private providers of expedited Class A vehicle registrations must: be approved by the department; utilize department-approved software that will calculate taxes and fees and be updated regularly to account for any rate changes; file evidence of a surety bond or an alternative to a surety bond; and provide for reimbursement of any damages caused to the state, local governments, or owners of Class A vehicles through its acts or omissions. The department is required to ensure that the expedited registration program operates efficiently; provides additional services or increases the speed or quality of services at an overall cost savings to the state; and complies with state law. The department may deny, suspend, or revoke approval of a private provider who violates a contract, makes a material misstatement, fails to comply with state law or rules, or fails to provide expedited service. The department may also accept financial assistance from a private party to implement the expedited registration program to the extent permitted, credited to the Colorado State Titling and Registration System (CSTARS) Account or the Colorado Driver License, Record, Identification and Vehicle Enterprise Solution (DRIVES) Vehicle Services Account.



Representative Ginal and Ms. Katie Ruedebusch, Legislative Council Staff, responded to a question concerning Bill B.

BILL: Transportation Legislation Review Committee
TIME: 01:01:53 PM
MOVED: Becker K.
MOTION: Approve Bills A and B, as forwarded by the Transportation Legislation Review Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection







01:04 PM -- Treatment of Persons with Mental Health Disorders in the Criminal Justice System



Senator Martinez Humenik, chair of the Treatment of Persons with Mental Health Disorders in the Criminal Justice System Legislative Oversight Committee, appeared before the committee. Senator Martinez Humenik presented on Bill A. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment H. The bills are as follows:



Attachment H - MHDCJS merged files.pdfAttachment H - MHDCJS merged files.pdf



Bill A – Competency to Proceed Juvenile Justice System. The bill defines mental and developmental disabilities, competent to proceed, incompetent to proceed, and mental capacity in the children's code. Bill A also defines a restoration to competency hearing and specifies that the determination of a juvenile's competency must include an evaluation of developmental disabilities, mental disabilities, and mental capacity. The bill also states that age alone cannot be a determining factor of juvenile incompetency without a finding that the juvenile lacks relevant competence. Under current law, if the court orders a competency evaluation, the evaluation must be conducted in the least restrictive environment possible while taking public safety and the juvenile's best interests into account. Bill A specifies that the evaluation can occur in the home or in a community placement, if appropriate.



Bill B – Fund Transitioning from Criminal and Juvenile Justice Systems. Senate Bill 17-021 created a one-time General Fund transfer of unspent community corrections funding in the Department of Public Safety (DPS) to the Housing Assistance for Persons Transferring from Incarceration Cash Fund in the Department of Local Affairs (DOLA). Bill B continues this transfer of unspent community corrections funds to DOLA indefinitely.



Bill C – Rental Application Disclose Selection Criteria. The bill requires a landlord to provide each prospective tenant with written notice of the landlord's tenant selection criteria, and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee. The notice must state the amount of the application fee, which must be uniform for all applicants. Bill C also defines a violation of these requirements as a deceptive trade practice.





Bill D – Inmate Treatment Incentive Plans. The bill requires the Department of Corrections (DOC) to track data on inmates who are not receiving mental health treatment specified in their rehabilitation report and to develop incentive plans to attract additional mental health providers to the geographic areas where inmates are not receiving treatment and services. Incentives may include additional fees, travel reimbursement, bonuses, and other financial incentives. The DOC must report annually to the Joint Budget Committee each December 1, starting in 2019, on the number of inmates requiring treatment and services provided by a mental health professional and the number of inmates unable to receive these services, both statewide and for any area for which an incentive plans is developed. The DOC must also report specific details about incentive plans developed under Bill D, including measures of their effectiveness.

BILL: Treatment of Persons with Mental Health Disorders in the Criminal Justice S
TIME: 01:07:08 PM
MOVED: Becker K.
MOTION: Approve Bills A, B, and D, as forwarded by the Treatment of Persons with Mental Health Disorders in the Criminal Justice System Legislative Oversight Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection





Senator Martinez Humenik and the committee discussed Bill C.

BILL: Treatment of Persons with Mental Health Disorders in the Criminal Justice S
TIME: 01:08:46 PM
MOVED: Becker K.
MOTION: Approve Bill C, as forwarded by the Treatment of Persons with Mental Health Disorders in the Criminal Justice System Legislative Oversight Committee, as fitting under the committee's charge. The motion failed on a 8-8 vote.
SECONDED:
VOTE
Becker K.
Yes
Buck
No
Guzman
Yes
Holbert
No
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
No
Melton
Yes
Neville P.
Excused
Saine
No
Scott
No
Singer
Yes
Sonnenberg
No
Wist
No
Zenzinger
Yes
Duran
Excused
Grantham
No
YES: 8 NO: 8 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: FAIL



01:13 PM -- Water Resources Review Committee



Senator Sonnenberg, chair of the Water Resources Review Committee, appeared before the Legislative Council Committee, and moved approval of the bills forwarded by the Water Resources Review Committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment I. The bills are as follows:



Attachment I - Water Resource Review merged files.pdfAttachment I - Water Resource Review merged files.pdf



Bill A — Authorize Water Use Incidental Sand and Gravel Mines. Bill A specifies that a replacement plan for sand and gravel mines in designated groundwater basins or the plan of substitute supply and the permit may authorize uses of water incidental to open mining for sand and gravel, including specifically the mitigation of impacts from mining and dewatering.









Bill B — Mussel-free Colorado Act. Bill B creates new financing mechanisms for the Aquatic Nuisance Species Program in Colorado Parks and Wildlife (CPW) in the Department of Natural Resources, including the creation of a $25 ANS stamp for Colorado resident boaters and a $50 ANS stamp to be purchased by nonresident boaters who have their boats in Colorado waters for more than 60 consecutive days. Boaters must purchase an ANS stamp beginning January 1, 2019. Funding also includes new and increasing penalties for violating ANS laws and the authorization of CPW to seek reimbursement for the storage and decontamination of a conveyance that was impounded and quarantined due to the suspected presence of an ANS. The bill combines the balances of two existing ANS cash funds into the Aquatic Nuisance Species Fund.



Bill C — Reclaimed Water Use for Marijuana Cultivation. Bill C codifies in statute rules promulgated by the Water Quality Control Commission (WQCC) related to the allowable uses of reclaimed domestic wastewater and expands allowable uses to include marijuana cultivation. In addition, the bill defines three categories of water quality standards. The WQCC is required to promulgate new rules related to reclaimed wastewater no later than December 31, 2019. The WQCC is also authorized to create new categories of water quality standards; recategorize any of the allowable uses to a less stringent category; and authorize additional uses.



Bill D — Reclaimed Water Use on Industrial Hemp. Bill D codifies in statute rules promulgated by the WQCC related to the allowable uses of reclaimed domestic wastewater and expands allowable uses to include the irrigation of industrial hemp. In addition, the bill defines three categories of water quality standards. The WQCC is required to promulgate new rules related to reclaimed wastewater no later than December 31, 2019. The WQCC is also authorized to create new categories of water quality standards; recategorize any of the allowable uses to a less stringent category; and authorize additional uses.





Bill E — Expanded Duration for CWRPDA Revolving Loans. Bill E removes the 20 year limitation on public water pollution control and drinking water project loans issued by the Colorado Water Resources and Power Development Authority and authorizes the authority to make loans in compliance with the Clean Water Act and the Safe Water Drinking Act.

BILL: Water Resources Review Committee
TIME: 01:13:49 PM
MOVED: Sonnenberg
MOTION: Approve Bills A, B, C, D, and E, as forwarded by Water Resources Review Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION:



01:14 PM -- Wildfire Matters Review Committee



Representative KC Becker, chair of the Wildfire Matters Review Committee, presented the bills forwarded to the Legislative Council Committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment J. The bills are as follows:



Attachment J - Wildfire Matters Review merged files.pdfAttachment J - Wildfire Matters Review merged files.pdf



Bill A – Extend Wildfire Matters Review Committee and Modify Charge. Under current law, the committee is repealed on July 1, 2018. The bill continues the committee until September 1, 2025, and repeals obsolete provisions related to the committee charge.











Bill B – Statutory Provisions Extinguish Unattended Fires. The bill changes the penalty for leaving a campfire unattended or failing to extinguish a fire from a class 2 petty offense, punishable by a fine of $50, to a class 3 misdemeanor, punishable by a minimum $50 fine and a maximum of six months in jail or a $750 fine or both. The bill also removes the requirement that counties post certain notices related to unattended campfires.



Joint Memorial A – Memorialize Congress to Fund Wildfire Response. The resolution requests that the U.S. Congress fund the costs for catastrophic wildfire response outside the normal budgets for federal forest management agencies.

BILL: Wildfire Matters Review Committee
TIME: 01:15:00 PM
MOVED: Becker K.
MOTION: Approve Bills A and B, and Joint Memorial A, as forwarded by the Wildfire Matters Review Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection







01:15 PM -- Young and Beginning Farmers Interim Study Committee



Senator Sonnenberg, chair of the Young and Beginning Farmers Interim Study Committee, appeared before the Legislative Council Committee, and moved approval of the bills forwarded by the Young and Beginning Farmers Interim Study Committee. The summary report prepared for the Legislative Council Committee, copies of the bill, and the committee's charge can be found in Attachment K. The bill is as follows:



Attachment K - Young and Beginning Farmers merged files.pdfAttachment K - Young and Beginning Farmers merged files.pdf



Bill A – Agricultural Workforce Development Program. The bill requires that the Department of Agriculture create by rule an agricultural workforce development program to reimburse agricultural businesses for up to 50 percent of the actual cost of employing an intern. Costs may include wages, fixed expenses, and other costs. The program must be established by January 1, 2019. The program is repealed July 1, 2024.

BILL: Young and Beginning Farmers Interim Study Committee
TIME: 01:16:02 PM
MOVED: Sonnenberg
MOTION: Approve Bill A, as forwarded by the Young and Beginning Farmers Interim Study Committee, as fitting under the committee's charge. The motion passed without objection.
SECONDED:
VOTE
Becker K.
Buck
Guzman
Holbert
Jones
Kennedy
Kerr
Marble
Melton
Neville P.
Excused
Saine
Scott
Singer
Sonnenberg
Wist
Zenzinger
Duran
Excused
Grantham
YES: 0 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: Pass Without Objection







01:16 PM -- Other Business



Cathy Eslinger, Research Manager, Legislative Council Staff, presented to the committee on a proposed change to the staff rules relating to review and comment filings (Attachment L).



Attachment L - 2017 Proposed Changes Rules for Staff of Legislative Council and Office of Legislative Legal Services.pdfAttachment L - 2017 Proposed Changes Rules for Staff of Legislative Council and Office of Legislative Legal Services.pdf

BILL: Other Business
TIME: 01:17:16 PM
MOVED: Becker K.
MOTION: Approve the rule change as proposed by staff. The motion passed on a vote of 16-0.
SECONDED:
VOTE
Becker K.
Yes
Buck
Yes
Guzman
Yes
Holbert
Yes
Jones
Yes
Kennedy
Yes
Kerr
Yes
Marble
Yes
Melton
Yes
Neville P.
Excused
Saine
Yes
Scott
Yes
Singer
Yes
Sonnenberg
Yes
Wist
Yes
Zenzinger
Yes
Duran
Excused
Grantham
Yes
YES: 16 NO: 0 EXC: 2 ABS: 0 REMOTE PARTICIPATION: 0 FINAL ACTION: PASS



01:18 PM



The committee adjourned.




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