J_SRC_2018A 03/23/2018 01:04:41 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT COMMITTEE COMMITTEE ON STATUTORY REVISION COMMITTEE Date 03/23/2018 Attendance Arndt * Brad Ramming, Esq. E Hooton X McKean X Patrice Bernadette Collins, Esq. E Tate E Thurlow X Zenzinger X Martinez Humenik X Moreno X Time 01:04:41 PM to 02:29:25 PM Place SCR 352 This Meeting was called to order by Moreno This Report was prepared by Jessica Wigent Hearing Items Action Taken h1.Update of nonstatutory legislative declarations. Committee Discussion Only h2a. Manufacturers performing warranty work Committee Discussion Only h2b. Removing references to repealed "Proposition AA refund account" Committee Discussion Only h2c. Adding nonsubstantive cross-reference to crime of failure to register as sex offender Committee Discussion Only h2d. Repealing obsolete CDPHE statutes Committee Discussion Only h2e. Removing language that prohibits sectarian entities from applying for certain grants Committee Discussion Only h3. Other business Committee Discussion Only 2b. Removing references to repealed "Proposition AA refund account" - Committee Discussion Only Attachment Tag File Name SRC_Bill2BMemo http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/E67FF8EA3435...$File/SRC_Bill2BMemo.pdf?OpenElement SRC_Bill2BMemo.pdf SRC_Bill2BDraft http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/FBC093954FAC...$File/SRC_bill2BDraft.pdf?OpenElement SRC_bill2BDraft.pdf 01:14:26 PM Motion Introduce Bill 2b as an SRC bill. Moved Martinez Humenik Seconded Arndt Excused Brad Ramming, Esq. Excused Hooton Yes McKean Yes Patrice Bernadette Collins, Esq. Excused Tate Excused Thurlow Yes Zenzinger Yes Martinez Humenik Yes Moreno Yes YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS 01:14:27 PM Jane Ritter, OLLS, testified that the Proposition AA Refund Account, which was created by HB 15-1367, was scheduled for and did repeal in 2017. However, when the entire part that contained the refund account was repealed, references to it remained throughout the statutes. These references point nowhere, and Ms. Ritter explained that it is important to remove them. She noted that there are a few provisions in statute that still reference the refund account that aren't included in the bill, but that's because those specific provisions are being kept for historical purposes. 2a. Manufacturers performing warranty work - Committee Discussion Only Attachment Tag File Name SRCBill2ADraft http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/5B73FE7EF55E...$File/SRC_Bill2ADraft.pdf?OpenElement SRC_Bill2ADraft.pdf SRC_Bill2AMemo http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/D86E5A065AE5...$File/SRC_Bill2AMemo.pdf?OpenElement SRC_Bill2AMemo.pdf 01:10:25 PM Motion Introduce Bill 2a as an SRC bill. Moved McKean Seconded Arndt Excused Brad Ramming, Esq. Excused Hooton Yes McKean Yes Patrice Bernadette Collins, Esq. Excused Tate Excused Thurlow Yes Zenzinger Yes Martinez Humenik Yes Moreno Yes YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS 01:10:26 PM Jery Payne, OLLS, testified before the Committee, explaining that after the addition of a likely erroneous "not" to a provision in a bill that amended section 12-6-523 (1)(a), C.R.S., the provision now forbids the manufacturers of off-highway vehicles, snowmobiles, and personal watercraft from performing warrantee work, which was not the goal of the legislation. Mr. Payne also explained that the provision, as currently written, arguably violates article 1, section 10 of the United States Constitution and article 2, section 11 of the Colorado Constitution. The propose bill changes the provision to match a similar provision, section 12-6-120 (1)(c), C.R.S. 1.Update of nonstatutory legislative declarations. - Committee Discussion Only 01:05:46 PM Jane Ritter, Office of Legislative Legal Services (OLLS), explained that the nonstatutory legislative declaration that begins each SRC bill will no longer leave a blank for the bill number, which required an amendment for each bill. 2c. Adding nonsubstantive cross-reference to crime of failure to register as sex offender - Committee Discussion Only Attachment Tag File Name SRC_Bill2CDraft http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/6FB5E067FCD1...$File/SRC_Bill2CDraft.pdf?OpenElement SRC_Bill2CDraft.pdf SRC_Bill2CMemo http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/F10FF66A4B1E...$File/SRC_Bill2CMemo.pdf?OpenElement SRC_Bill2CMemo.pdf 01:16:49 PM Motion Introduce Bill 2c as an SRC bill. Moved Hooton Seconded Arndt Excused Brad Ramming, Esq. Excused Hooton Yes McKean Yes Patrice Bernadette Collins, Esq. Excused Tate Excused Thurlow Yes Zenzinger Yes Martinez Humenik Yes Moreno Yes YES: 6 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS 01:16:50 PM Michael Dohr, OLLS, testified before the Committee, explaining that there a number of different ways to commit the offense of "crime of failure to register as a sex offender," including when a sex offender fails to cancel his or her registration if he or she moves out of state. Currently, Mr. Dohr explained, there is no cross-reference in the crime (section 18-3-412.5) that the offender must file the cancellation when he or she moves out of state (section 16-22-108). This issue was brought to staff's attention by attorneys in the judicial branch. The proposed Bill 2c adds the cross-reference. 2d. Repealing obsolete CDPHE statutes - Committee Discussion Only Attachment Tag File Name SRCBill2DDraft http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/F3BAED005519...$File/SRC_Bill2DDRaft.pdf?OpenElement SRC_Bill2DDRaft.pdf SRC_Bill2DAmendment http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/6EAF47B1A8B5...$File/SRC_Bill2DAmendment.pdf?OpenElement SRC_Bill2DAmendment.pdf 01:18:43 PM Michael Nicoletti, Colorado Department of Public Health and Environment (CDPHE), and Ann Hause, CDPHE, testified before the Committee concerning proposed bill 2d, explaining that the amended provisions were those that the department most often get calls about and those that the department thought were unclear, obsolete, and misleading to the public and partners and stakeholders. After discussing the proposed bill and the amendment to the proposed, the Committee members discussed whether the bill was too broad, whether the amendment should be broken up into multiple bills, or whether the issue should be revisited during the interim, when multiple bills (and memos describing the issues) could be drafted. The Committee decided on the latter. 2e. Removing language that prohibits sectarian entities from applying for certain grants - Committee Discussion Only Attachment Tag File Name SRC_Bill2EMemo http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/A6252351170B...$File/SRC_Bill2EMemo.pdf?OpenElement SRC_Bill2EMemo.pdf SRC_Bill2ELegalOpinion http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/F284F3329E05...$File/SRC_Bill2ELegalOpinion.pdf?OpenElement SRC_Bill2ELegalOpinion.pdf SRC_Bill2ESupremeCourtCase http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/7469133FB694...$File/SRC_Bill2ES_SupremeCourtCase.pdf?OpenElement SRC_Bill2ES_SupremeCourtCase.pdf SRC_Bill2EDraft http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/EC4564238DFF...$File/SRC_Bill2EDraft.pdf?OpenElement SRC_Bill2EDraft.pdf 01:56:20 PM Brita Darling, OLLS, testified before the Committee, explaining the Supreme Court decision in Trinity Lutheran Church of Columba, Inc. v. Comer, what might be considered a "generally available public benefit" in the Tony Grampsas Program, and the changes to statute in proposed Bill 2e, which repeals the word "nonsectarian" in a number of definitions. Senator Moreno added that the Committee had been consistently reviewing court cases that might apply to the Colorado Revised Statutes, which is why he asked Ms. Darling to prepare a legal opinion and proposed bill 2e. After a discussion, the Committee decided not to introduce Bill 2e. 3. Other business - Committee Discussion Only 02:29:25 PM Committee Adjourned