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H_SA_2018A 01/18/2018 09:58:17 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
Date 01/18/2018
Attendance
Benavidez X
Hooton X
Humphrey X
Leonard X
Melton *
Weissman X
Williams D. X
Lontine X
Foote X
Time 09:58:17 AM to 01:01:40 PM
Place LSB A
This Meeting was called to order by Foote
This Report was prepared by Amanda King
Hearing Items Action Taken
HB18-1056 Committee Discussion Only
HB18-1061 Postponed Indefinitely

HB18-1056 - Committee Discussion Only


09:59:04 AM  

Representative Van Winkle presented House Bill 18-1056. The bill allows the Fire and Police Pension Association (FPPA) to implement an electronic format for completing and filing the required health history form.  The bill also clarifies the following requirements for health history form submittal:

 

• all newly hired members must fill out the form within 30 days of employment; and

• employers must require all new employees to complete the form and file it with the FPPA within 60 days of completion.

 

If the forms are not submitted as required, employers can be liable for the payment of disability and survivor benefits.  If any member omits or conceals any material fact concerning his or her health history on the form, that member may be disqualified from receiving disability or survivor benefits.

10:03:25 AM  

Representative Van Winkle answered questions from the committee about the bill.

10:03:53 AM  

Kevin Lindahl, Fire and Police Pension Association, testified in support of the bill.  Mr. Lindahl answered questions from the committee.

10:27:25 AM  
Mr. Lindahl continued to discuss the bill with the committee members.
10:28:56 AM  

Representative Foote discussed laying the bill over with Representative Van Winkle.  Representative Weissman made comments about the bill.  Representative Foote laid the bill over until Wednesday, January 24, 2018.



HB18-1061 - Postponed Indefinitely


10:32:53 AM  

Representative Van Winkle presented House Bill 18-1061.  The bill requires that all state and local government agencies broadcast dispatch radio communications without encryption so that they may be monitored by commercially available radios receivers and scanners.  The bill allows encryption for dispatch radio communications to be used:

 

• by a state entity, city, city and county, or county when necessary to preserve the tactical integrity of an operation, protect the safety of law enforcement officers or other emergency responders, or prevent the destruction of property; and

• by an investigative unit of a state or local government law enforcement agency engaged in the investigation of potential or actual criminal conduct.

 

Any state or local government entity that encrypts any of its dispatch radio communications, as permitted by House Bill 18-1061, must disclose on its public website or upon request a list of its radio communications channels; a description of the channels, including whether each channel is used for tactical or investigative communications; and an indication of which channels are always or sometimes encrypted.  The bill's requirements do not apply to the use of cellular or other common-carrier telephonic communication by a state or local government entity.  The bill allows any person to bring a civil action in district court against any sheriff, police chief, fire chief, or other administrative head of any state or local government agency, for alleged violations of the bill.  The bill creates a new class 3 misdemeanor for unauthorized interception of dispatch radio communications.  This offense occurs when an intercepted communication is used to assist in the commission of a criminal offense or to avoid or escape arrest and prosecution by the inteceptor or another person he or she knows to be a suspect in the commission of any criminal offense.

10:38:58 AM  

Representative Van Winkle distributed amendment L.002 [Attachment A] and a memorandum concerning the fiscal assessment of proposed amendment L.002 [Attachment B].  Representative Van Winkle answered questions from the committee about the bill and amendent L.002.

10:50:47 AM  

Nicole Vap, KUSA, Colorado Freedom of Information Coalition, and Colorado Broadcasters Association, testified in support of the bill.

10:56:10 AM  

Justin Sasso, Colorado Broadcasters Association, testified in support of the bill.

10:59:34 AM  
Ms. Vap and Mr. Sasso answered questions from the committee.
11:11:26 AM  
Chief David Hayes, Public Safety Communications Subcommittee of the Homeland Security and All-Hazards Senior Advisory Committee, testified in opposition to the bill. Chief Hayes answered questions from the committee.
11:20:33 AM  

Greg Romberg, Colorado Press Association, testified in support of the bill.  Mr. Romberg answered questions from the committee.

11:29:15 AM  
Representative Van Winkle and Mr. Romberg responded to questions from the committee.
11:33:40 AM  

Kevin Klein, Colorado Department of Public Safety, testified in opposition to the bill.  Mr. Klein answered questions from the committee.

11:42:37 AM  

Robert Wareham, representing himself, testified in support of the bill.  Mr. Wareham answered questions from the committee.

11:54:00 AM  

Meghan Dollar, Colorado Municipal League, testified in opposition to the bill.  Ms. Dollar answered questions from the committee.

12:04:09 PM  

Undersheriff Holly Nicholson-Kluth, County Sheriffs of Colorado and Douglas County Sheriff's Office, testified in opposition to the bill.  Undersheriff Nicholson-Kluth answered questions from the committee.

12:18:04 PM  

Chief Michael Phibbs, Colorado Association of Chiefs of Police, testified in opposition to the bill.  Chief Phibbs answered questions from the committee.

12:33:13 PM  

Representative Van Winkle explained amendment L.002.  Committee members made comments about amendment L.002.



12:35:41 PM
Motion Adopt amendment L.002
Moved Humphrey
Seconded Melton
Benavidez
Hooton
Humphrey
Leonard
Melton
Weissman
Williams D.
Lontine
Foote
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:35:41 PM  

Representative Van Winkle made concluding remarks about the bill.  Committee members made comments about the bill.



01:00:57 PM
Motion Refer House Bill 18-1061, as amended, to the Committee on Appropriations.
Moved Williams D.
Seconded Humphrey
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


01:01:27 PM
Motion Postpone House Bill 18-1061 indefinitely.
Moved Melton
Seconded Lontine
Benavidez Yes
Hooton Yes
Humphrey No
Leonard No
Melton Yes
Weissman Yes
Williams D. No
Lontine Yes
Foote Yes
Final YES: 6   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


01:01:40 PM   Committee Adjourned






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