S_SA_2016A 05/06/2016 11:09:53 AM Committee Summary

Date:	05/06/2016	ATTENDANCE
Time:	11:09 AM to 01:31 PM	Aguilar	X
		Cooke	X
Place:	SCR 356	Ulibarri	*
		Sonnenberg	*
This Meeting was called to order by		Scott	X
	Senator Scott
This Report was prepared by
	Vanessa Conway
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB16-1426 SB16-213 HB16-1385 SB16-214 HB16-1365 SB16-216 SB16-217		Amended, Referred to the Committee of the Whole - Consent Calendar Referred to Appropriations Referred to Appropriations Postponed Indefinitely Postponed Indefinitely Amended, Referred to Appropriations Referred to the Committee of the Whole

11:10 AM -- HB16-1426



The committee took up House Bill 16-1426 for action. The committee heard testimony on the bill on May 5, 2016. Senator Tate presented Amendment L.009 (Attachment A).



16SenateState0506AttachA.pdf

BILL:	HB16-1426
TIME:	11:12:03 AM
MOVED:	Scott
MOTION:	Adopt amendment L.009 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Cooke
	Ulibarri	Excused
	Sonnenberg	Excused
	Scott
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	HB16-1426
TIME:	11:12:31 AM
MOVED:	Scott
MOTION:	Refer House Bill 16-1426, as amended, to the Committee of the Whole, with a recommendation that it be placed upon the consent calendar. The motion passed on a vote of 4-0, with 1 excused.
SECONDED:
		VOTE
	Aguilar	Yes
	Cooke	Yes
	Ulibarri	Yes
	Sonnenberg	Excused
	Scott	Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:13 AM -- SB16-213



Senators Ulibarri and Scheffel presented Senate Bill 16-213 to the committee. This bill creates the construction defect litigation study group within the Judicial Department to investigate matters concerning construction defect litigation in district courts. The study group consists of ten appointees made within 60 days of the passage of this bill, including:



• an attorney representing construction professionals, appointed by the President of the Senate;

• an attorney representing plaintiffs in construction defect litigation, appointed by the Speaker of the House of Representatives;

• an attorney with experience representing companies that provide insurance to construction professionals, appointed by the Minority Leader of the Senate;

• an attorney representing homeowners' associations or other multiple-owner entities in construction defect litigation, appointed by the Majority Leader of the House of Representatives;

• an attorney with experience representing owners of single-family homes in construction litigation, appointed by the Governor;

• an attorney with experience providing insurance coverage to construction professionals, appointed by the Governor;

• a representative of a trade organization of construction professionals, appointed by the Governor; and

• three district court judges with experience presiding over construction defect litigation, appointed by the chief justice of the Colorado Supreme Court.



11:24 AM -- Ted Leighty, representing the Colorado Association of Realtors, testified in support of the bill.

BILL:	SB16-213
TIME:	11:29:06 AM
MOVED:	Sonnenberg
MOTION:	Refer Senate Bill 16-213 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Aguilar	No
	Cooke	Yes
	Ulibarri	Yes
	Sonnenberg	Yes
	Scott	Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:30 AM -- HB16-1385



Senator Newell presented House Bill 16-1385 to the committee. This bill expands the definitions of "abuse" and "child abuse or neglect" in regards to children's exposure to controlled substances in several provisions of law. Under current law, manufacturing or attempting to manufacture a controlled substance in the presence of a child or where a child resides constitutes child abuse or neglect. Under the bill, the provisions regarding manufacturing of controlled substances are repealed and "child abuse or neglect" is instead defined as substance use or substance exposure that threatens or results in harm to the health or welfare of a child, based on several criteria including:



• behavior indicating impairment of the parent, guardian, or other person who resides in the child's home and who exercises authority over the child or has responsibility for care of the child;

• the knowing, reckless, or negligent exposure to or ingestion by a child of any legal or illegal substance, unless such exposure or ingestion is the result of the child's lawful intake of such substance; or

• creation of a harmful environment to the child, purposefully or negligently, from the manufacture, production, possession, cultivation, or use of a legal or illegal substance.



11:34 AM -- John Faught, representing Together Colorado, testified in support of the bill.



11:40 AM -- Art Way, representing Drug Policy Alliance, testified on the bill.



11:43 AM -- Cindy Sovine-Miller, representing herself, testified against the bill.



11:47 AM -- Jeanna Hoch, representing Canna Mama Clinic, testified in support of the bill.



11:49 AM -- Heather Thompson, representing Elephant Circle, testified on the bill.



11:53 AM -- Shawn Coleman, representing Drug Policy Alliance, testified on the bill.



11:55 AM -- Jason Warf, representing Southern Colorado Cannabis Council, testified against the bill.



11:59 AM -- Wendy Turner, representing herself, testified in support of the bill.



12:02 PM -- Teri Robnett, representing Cannabis Patients Alliance, testified in support of the bill.



12:06 PM -- Jade Woodard, representing Illuminate Colorado, testified in support of the bill.









































12:08 PM



Senator Newell wrapped up her presentation to the committee.

BILL:	HB16-1385
TIME:	12:09:06 PM
MOVED:	Aguilar
MOTION:	Refer House Bill 16-1385 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Aguilar	Yes
	Cooke	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:10 PM -- SB16-214



Senators Marble and Hodge presented Senate Bill 16-214 to the committee, along with amendment L.002 (Attachment B). This bill requires the Colorado Water Conservation Board (CWCB) to commission the American Ground Water Trust to conduct a study of other western states' use of real-time water management strategies for groundwater and surface water. The CWCB is required to commission the study as soon as practicable, and the trust is required to complete the study within three months and compile the research and findings from the study for the CWCB within one month after completing the study.



16SenateState0506AttachB.pdf



The CWCB and the trust are required to report on the research and findings from the study to the House and Senate committees of reference that have jurisdiction over natural resources by January 15, 2017. If the CWCB receives the trust's research and findings before the final meeting of the Water Resources Review Committee (WRRC) during the 2016 interim, the CWCB and the trust are required to report on the study to the WRRC.



























The bill allows the CWCB to expend up to $30,000 from the Emergency Dewatering Grant Account of the CWCB Construction Fund to pay for the study. The bill includes a repeal date of September 1, 2017.



12:15 PM -- Dick Wolfe, State Engineer, testified on the bill.



12:22 PM -- Garin Vorthmann, representing the Colorado Farm Bureau, testified against the bill.



12:32 PM -- Julie McKenna, representing Northern Water, testified against the bill.



12:33 PM -- Joan Green, representing Water Rights Association of the South Platte, testified against the bill.





12:38 PM



Senators Marble and Hodge wrapped up their presentation and answered questions from the committee.

BILL:	SB16-214
TIME:	12:40:23 PM
MOVED:	Ulibarri
MOTION:	Adopt amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Cooke
	Ulibarri
	Sonnenberg
	Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB16-214
TIME:	12:45:49 PM
MOVED:	Ulibarri
MOTION:	Refer Senate Bill 16-214, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Aguilar	Yes
	Cooke	No
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:	SB16-214
TIME:	12:46:27 PM
MOVED:	Sonnenberg
MOTION:	Postpone Senate Bill 16-214 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Aguilar	No
	Cooke	Yes
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:47 PM -- HB16-1365



Senator Woods asked the committee to postpone House Bill 16-1365 indefinitely.

BILL:	HB16-1365
TIME:	12:48:11 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 16-1365 indefinitely. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Cooke	Yes
	Ulibarri	Yes
	Sonnenberg	Yes
	Scott	Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:55 PM -- SB16-216



Senators Lundberg and Guzman presented Senate Bill 16-216 to the committee, and discussed amendment L.002 (Attachment C). The bill recreates a presidential primary election. The Governor must set the date of the presidential primary election by September 1, in the year preceding a presidential election. The presidential primary election must be held no later than the third Tuesday in March, but no earlier than the date set in the major party rules before which states are penalized delegates to the national party convention. The presidential primary is the only issue to be put to voters at the election. Candidates for each political party are to be listed on separate ballots. A political party may elect not to participate in a presidential primary election if written notification of the party's decision not to participate is filed with the Secretary of State by October 1, of the preceding year. The bill specifies other details about the conduct of the election, including required notices to be given to voters, the required procedures for candidates and write-in candidates to appear on the ballot, and the order of candidates on the ballot.



16SenateState0506AttachC.pdf



The state must reimburse counties for the actual direct costs incurred to conduct a presidential primary election and the bill authorizes a General Fund appropriation for this reimbursement. The SOS will determine the type of direct costs for which counties will be entitled to reimbursement.



01:04 PM -- Suzanne Staiert, Deputy Secretary of State, testified in support of the bill.

BILL:	SB16-216
TIME:	01:07:44 PM
MOVED:	Ulibarri
MOTION:	Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Cooke
	Ulibarri
	Sonnenberg
	Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB16-216
TIME:	01:08:34 PM
MOVED:	Ulibarri
MOTION:	Refer Senate Bill 16-216, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Cooke	Yes
	Ulibarri	Yes
	Sonnenberg	Yes
	Scott	Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:19 PM -- SB16-217



Senator Hill presented Senate Bill 16-217 to the committee. This bill establishes new requirements concerning the reduction of workers' compensation payments in cases that involve an admission of liability by an employer and propose to reduce the amount of compensation paid to a claimant.



01:23 PM -- Scott Meiklejohn, representing the Workers Compensation Bar Association, testified in support of the bill.

BILL:	SB16-217
TIME:	01:28:07 PM
MOVED:	Sonnenberg
MOTION:	Refer Senate Bill 16-217 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Cooke	Yes
	Ulibarri	Yes
	Sonnenberg	Yes
	Scott	Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:31 PM



The committee adjourned.