H_HI_2019A 02/27/2019 01:34:34 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON HEALTH & INSURANCE Date 02/27/2019 Attendance Baisley X Beckman X Buckner * Jackson X Jaquez Lewis X Larson X Mullica X Soper X Titone X Caraveo X Lontine X X = Present, E = Excused, A = Absent, * = Present after roll call Time 01:34:34 PM to 10:05:00 PM Place Old State Library This Meeting was called to order by Representative Lontine This Report was prepared by Anne Wallace Hearing Items Action Taken hHB19-1076 Amended, referred to the Committee of the Whole hHB19-1168 Amended, referred to House Appropriations HB19-1076 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/18B240EFA8AB...$File/190227 AttachB.pdf?OpenElement 190227 AttachB.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/8EAC1EAC7793...$File/190227 AttachE.pdf?OpenElement 190227 AttachE.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/90DCE35A8D16...$File/190227 AttachC.pdf?OpenElement 190227 AttachC.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/BFD84A9A68C1...$File/190220 AttachD.pdf?OpenElement 190220 AttachD.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/F5AB5F199FA7...$File/190227 AttachA.pdf?OpenElement 190227 AttachA.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/09412A9CE970...$File/190227 AttachG.pdf?OpenElement 190227 AttachG.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/117E019C19B2...$File/190227 AttachF.pdf?OpenElement 190227 AttachF.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/35CA0EA1AE48...$File/190227 AttachJ.pdf?OpenElement 190227 AttachJ.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/8EABF8F57287...$File/190227 AttachN.pdf?OpenElement 190227 AttachN.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/94D38287AA57...$File/190227 AttachL.pdf?OpenElement 190227 AttachL.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/9C2FC025D2DC...$File/190227 AttachK.pdf?OpenElement 190227 AttachK.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/A20DF5DF6D1D...$File/190227 AttachM.pdf?OpenElement 190227 AttachM.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/A2DDF7A4D637...$File/190227 AttachH.pdf?OpenElement 190227 AttachH.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/F10379716128...$File/190227 AttachI.pdf?OpenElement 190227 AttachI.pdf 01:36:49 PM Representative Michaelson Jenet and Representative Larson, bill sponsors, presented House Bill 19-1076 to the committee. The bill makes changes to the Colorado Clean Indoor Act, including making electronic smoking devices subject to the act. The bill also: ⢠clarifies the definition of smoking to include plant products and synthetic marijuana; ⢠increases the smoke-free radius from a building entryway from 15 feet to 25 feet; ⢠repeals the ability of a local jurisdiction from specifying a smoke-free radius less than 15 feet from an entryway; ⢠reduces the number of exceptions to the act; and ⢠repeals the option of property owners and managers to designate smoking and non-smoking areas. Three handouts were distributed to the committee (Attachments A, B, and C). Amendment L.002 was distributed to the committee (Attachment D). 01:47:03 PM Representatives Larson and Michaelson Jenet responded to committee questions about the bill. Two additional handouts were distributed to the committee members (Attachments E and F). 02:00:39 PM Tom Gonzales, Colorado Association of Local Public Health Officials, testified in support of the bill. 02:04:17 PM Kate Johnston, Children's Hospital Colorado, testified in support of the bill. 02:07:08 PM The witness panel responded to committee questions. 02:10:42 PM Ashley Brooks-Russell, Colorado School of Public Health, testified in support of the bill and distributed handouts to the commitee (Attachments G and H). 02:13:59 PM Greg Tung, Colorado School of Public Health, testified in support of the bill. 02:15:24 PM Arnold Levinson, Colorado School of Public Health, testified in support of the bill. 02:19:14 PM The witness panel responded to committee questions. 02:25:46 PM Nick Hoover, Colorado Restaurant Association, testified in support of the bill. Mr. Hoover responded to committee questions. 02:33:35 PM Grier Bailey, Colorado Wyoming Petroleum Markerters Association, testified in support of the bill. 02:36:43 PM The witness panel responded to committee questions. 02:39:02 PM Pete Bialick, Group to Alleviate Smoking Pollution of Colorado, testified in support of the bill. 02:43:14 PM Henny Lasley, Smart Colorado, testified in support of the bill. 02:45:02 PM The witness panel responded to committee questions. 02:50:22 PM Yesenia Trevizo, UCHealth, testified in support of the bill. 02:54:00 PM Shaune Walter, representing himself, testified in a neutral position on the bill. 02:57:43 PM Sarah Walter, representing herself, testified in a neutral position on the bill and distributed a handout (Attachment I). 03:01:05 PM Alyssa Khamma, representing herself, testified in support of the bill. 03:01:37 PM Jon Gray, representing himself, testified in opposition to the bill. 03:06:59 PM Tyler Prock, representing himself, testified in opposition to the bill. 03:10:10 PM Ashley Weber, Colorado NORML, testified in opposition to the bill. 03:13:41 PM Kenny Breeding, representing himself, testified in opposition to the bill and distributed a handout to the committee (Attachment J). 03:18:03 PM Pamela Henderson, representing herself, testified in opposition to the bill. 03:21:24 PM Samantha Prock, representing herself, testified in opposition to the bill. 03:25:01 PM Jimmy Smrz, representing himself, testified in opposition to the bill. 03:28:09 PM Chris Chiari, Patterson Inn, testified in opposition to the bill. 03:31:21 PM David Wasserman, Southern Colorado Cannabis Council, testified in opposition to the bill. 03:33:41 PM The witness panel responded to committee questions. Representatives Larson and Michaelson Jenet commented. 03:39:28 PM Michael Polansky, Dean Ween's Honey Pot Lounge, testified in opposition to the bill. 03:43:02 PM William Chengelis, representing himself, testified in opposition to the bill. 03:46:30 PM Jeff Pothast, representing himself, testified in opposition to the bill. 03:50:45 PM The witness panel responded to committee questions. 03:57:25 PM Travis Lippert, representing himself, testified in opposition to the bill. 03:59:58 PM Melanie Rose Rodgers, Safe Access Colorado, testified in opposition to the bill. 04:02:53 PM Justin Simmons, representing himself, testified in opposition to the bill. 04:07:53 PM The witness panel responded to committee questions. 04:09:19 PM Amber Wann, Safe Access Colorado, testified in opposition to the bill. 04:12:35 PM Benjamin Wann, representing himself, testified in opposition to the bill. 04:14:35 PM Cindy Sovine, representing herself, testified in opposition to the bill. 04:18:20 PM The witness panel responded to committee questions. 04:24:43 PM Teri Robnett, Cannabis Patients Alliance, testified in opposition to the bill. 04:28:51 PM Mary Carniglia, Healthy Choices Unlimited, testified in opposition to the bill. 04:31:36 PM Stacey Linn, Cannability Foundation, testified in opposition to the bill. 04:36:55 PM The witness panel responded to committee questions. 04:37:07 PM Keila Castillo, representing herself, testified in opposition to the bill. 04:42:52 PM Marcus Najem, Safe Access Colorado, testified in opposition to the bill. 04:48:26 PM Jodi Radke, Campaign for Tobacco-Free Kids, testified in support of the bill. 04:51:07 PM R.J. Ours, American Cancer Society, testified in support of the bill. 04:56:28 PM Amanda Wheeler, Rocky Mountain Smoke-free Alliance, testified regarding the bill. 04:59:46 PM Taylor Zetterberg, representing himself, testified regarding the bill. 05:02:50 PM Rita Tsalyuk, representing herself, testified in opposition to the bill. 05:09:10 PM Amendments L.006 and L.008 were distributed (Attachments K and L). 05:09:14 PM Amendment L.009 was distributed to the committee (Attachment M). 05:15:23 PM Committee discussion ensued regarding amendments. 05:17:25 PM Motion Adopt amendment L.002 (Attachment D). Moved Larson Seconded Caraveo Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:19:18 PM Motion Adopt amendment L.006 (Attachment K). Moved Larson Seconded Caraveo Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:21:21 PM Motion Adopt amendment L.008 (Attachment L). Moved Larson Seconded Caraveo Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:24:50 PM Motion Adopt amendment L.009 (Attachment M). Moved Lontine Seconded Mullica Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:24:51 PM Amendment L.007 was distributed (Attachment N). 05:27:23 PM Motion Adopt amendment L.007 (Attachment N). Moved Larson Seconded Buckner Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:29:18 PM Representatives Larson and Michaelson Jenet gave closing remarks on the bill. 05:35:26 PM Committee members commented on the bill. 05:46:37 PM Motion Refer House Bill 19-1076, as amended, to the Committee of the Whole. Moved Larson Seconded Jaquez Lewis Baisley No Beckman Yes Buckner Yes Jackson Yes Jaquez Lewis Yes Larson Yes Mullica Yes Soper Yes Titone Yes Caraveo Yes Lontine Yes Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS HB19-1168 - Amended, referred to House Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/406283921052...$File/190227 AttachQ.pdf?OpenElement 190227 AttachQ.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/5D6874DEA429...$File/190227 AttachP.pdf?OpenElement 190227 AttachP.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/B9DBCA76B00D...$File/190227 AttachO.pdf?OpenElement 190227 AttachO.pdf 05:46:56 PM Representative Lontine recessed the committee. 05:55:22 PM Representative Lontine called the meeting back to order. 05:58:42 PM Representative McCluskie and Representative Rich, bill sponsors, presented House Bill 19-1168 to the committee. The bill requires the Commissioner of Insurance in the Department of Regulatory Agencies (DORA) to seek a State Innovation Waiver under the federal Affordable Care Act to create a state reinsurance program in Colorado. If federal approval is granted, the reinsurance program will apply to 2020 health plans sold on the individual health insurance market. Amendments L.001 and L.002 were distributed to the committee (Attachments O and P). The bill sponsors responded to committee questions. 06:05:51 PM Michael Conway, Insurance Commissioner, Division of Insurance, presented to the committee regarding the bill. A copy of his presentation was distributed to the committee (Attachment Q). 06:34:50 PM Commissioner Conway responded to committee questions regarding the bill. 06:46:17 PM Committee discussion continued with Commissioner Conway. 06:55:21 PM James Kiser, Montrose Memorial Hospital, testified remotely in opposition to the bill. 07:07:16 PM David Ressler, Aspen Valley Hospital District, testified remotely in opposition to the bill. 07:12:23 PM The witnesses responded to committee questions. 07:16:15 PM Chris McDowell, Valley Health Alliance, testified in opposition to the bill. 07:20:32 PM Janie Wade, SCL Health, testified in opposition to the bill. 07:26:42 PM Katherine Mulready, Colorado Hospital Association, testified in opposition to the bill. 07:33:33 PM The witness panel responded to committee questions. 07:50:58 PM John Leavitt, representing himself, testified in opposition to the bill. Mr. Leavitt responded to committee questions. 08:08:30 PM John Conklin, Colorado Medical Society, testified in a neutral position on the bill. 08:14:53 PM Richard Orf, Associated Governments of Northwest Colorado, testified in a neutral position on the bill. 08:17:50 PM The witness panel responded to committee questions. 08:19:13 PM Carrie Brown, representing herself, testified in support of the bill. 08:23:27 PM Tom Davidson, Summit County Commissioner, testified in support of the bill. 08:31:04 PM Dennis McMahon, representing himself, testified in support of the bill. 08:39:09 PM The witness panel responded to committee questions. 08:42:47 PM Richard Cimino, Counties and Commissioners Acting Together, testified in support of the bill with amendments. 08:45:58 PM Matt Scherr, Eagle County Commissioner, testified in support of the bill with amendments. 08:48:42 PM Jo Hubchik, National Multiple Sclerosis Society, testified in support of the bill. 08:53:13 PM Kevin Patterson, Connect for Health Colorado, testified in support of the bill. 08:55:57 PM Cindy Bargell, representing herself, testified in support of the bill. 08:59:33 PM Gloria Stroh, Colorado Care Workers Unite, testified in support of the bill. 09:02:19 PM Javier Gasper-Gutierrez, representing himself, testified in support of the bill. 09:07:22 PM Tamara Drangstveit, representing herself, testified in support of the bill. 09:09:50 PM Sarah Vaine, Summit County, testified in support of the bill. 09:13:15 PM Brynne Goldberg, representing herself, testified in support of the bill. 09:17:29 PM Bill Lindsay, representing himself, testified in support of the bill. 09:20:49 PM The witness panel responded to committee questions. 09:25:26 PM Debra Judy, Colorado Consumer Health Initiative, testified in support of the bill. 09:28:20 PM Bethany Pray, Colorado Center on Law and Policy, testified in support of the bill. 09:30:59 PM Hillary Jorgensen, Healthier Colorado, testified in support of the bill. 09:34:35 PM The witness panel responded to committee questions. 09:38:11 PM Motion Adopt amendment L.001 (Attachment O). Moved Caraveo Seconded Jaquez Lewis Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 09:39:17 PM Motion Adopt amendment L.002 (Attachment P). Moved Soper Seconded Jaquez Lewis Baisley Beckman Buckner Jackson Jaquez Lewis Larson Mullica Soper Titone Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 09:39:19 PM Representatives McCluskie and Rich gave closing remarks on the bill. 09:46:32 PM Committee members commented on the bill. 10:04:40 PM Motion Refer House Bill 19-1168, as amended, to the Committee on Appropriations. Moved Buckner Seconded Jaquez Lewis Baisley No Beckman Excused Buckner Yes Jackson Yes Jaquez Lewis Yes Larson No Mullica Yes Soper Yes Titone Yes Caraveo Yes Lontine Yes Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS 10:05:00 PM The committee adjourned.