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s_jud_2016a_2016-04-25t14:21:02z1 Hearing Summary

Date: 04/25/2016



Final

BILL SUMMARY for HB16-1320



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.013 (Attachment A). The motion p

Adopt amendment L.017 (Attachment C). The motion p

Adopt amendment L.019 (Attachment F). The motion p

Refer House Bill 16-1320, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS







02:32 PM -- HB16-1320



Senator Cooke, sponsor, presented House Bill 16-1320, concerning the regulation of massage therapy to modify practices that are linked to criminal behavior. Senator Cooke explained the bill's provisions and discussed its effects. He distributed and explained amendments L.013 (Attachment A), L.016 (Attachment B), and L.017 (Attachment C). Senator Cooke responded to questions regarding the necessity of the bill.



16SenateJud0425AttachA.pdf16SenateJud0425AttachA.pdf 16SenateJud0425AttachB.pdf16SenateJud0425AttachB.pdf



16SenateJud0425AttachC.pdf16SenateJud0425AttachC.pdf





02:43 PM --
Mr. Joe Neguse, Executive Director of the Colorado Department of Regulatory Agencies (DORA), testified in support of the bill. Mr. Neguse discussed instances where DORA investigated massage parlors for engaging in human trafficking.



02:48 PM --
Ms. Lauren Larson, representing DORA, testified in support of the bill. Ms. Larson distributed written testimony from Shannon Gerhart (Attachment D) and Stephanie Benitez (Attachment E). She discussed groups included in the bill, and responded to questions relating to licensing persons working in massage therapy establishments and terminology included in the bill.



16SenateJud0425AttachD.pdf16SenateJud0425AttachD.pdf 16SenateJud0425AttachE.pdf16SenateJud0425AttachE.pdf





02:59 PM --
Ms. Laura Embleton, representing Associated Bodywork and Massage Professionals, and Ms. Garin Vorthmann, representing the American Massage Therapy Association, came to the table together to testify in support of the bill. Ms. Embleton discussed licensing massage professionals and discussed the bill's provisions relating to licensing. Ms. Embleton responded to questions about the amendments.



03:04 PM --
Ms. Vorthmann discussed the positive effects of the bill and her concerns with the bill. She stated that massage therapy should be regulated similarly to other medical professions.



03:08 PM --
Mr. Russ Klein, representing the Colorado Attorney General's Office, testified in support of the bill. Mr. Klein discussed investigating and prosecuting those using massage therapy as a front for illegal activity. He responded to a question regarding burdens placed on massage therapists. Senator Lundberg commented.



03:15 PM --
Mr. Jim DeLashmutt, representing the Lakewood Police Department, testified in support of the bill. He listed organizations that support the bill and discussed investigating human trafficking and other related offenses.



03:18 PM --
Ms. Maureen Cain, representing herself, testified in support of the bill. She discussed the benefits of civil penalties for crime prevention.



03:21 PM --
Ms. Janet Huffor, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. She discussed the benefits of the bill, and specific instances in El Paso County to which the bill may apply. She discussed terms used in the bill. Senator Merrified commented on the testimony.



03:25 PM --
Mr. Eric Bergman, representing Colorado Counties, Incorporated, and the Colorado Municipal League, testified in support of the bill. Mr. Bergman stated that the bill would assist in fighting human trafficking. He discussed licensing authority under the bill.



03:28 PM --
Mr. Alfred Westlake, representing himself, testified in opposition to the bill. He discussed statewide uniform regulation of massage therapy, and the effects of the bill. Senator Merrifield and Senator Cooke discussed the bill and licensing. The committee and Mr. Westlake discussed whether the bill permits local governments to license massage therapists.





03:38 PM



Committee discussion continued regarding local government licensing. At the request of the chair, Ms. Lauren Larson returned to explain the bill as it concerns local government licensing. The committee and Ms. Larson discussed local licensing.



03:50 PM --
Ms. Jill Berkana, representing herself, testified in opposition to the bill. She discussed massage therapy licensing.



03:53 PM --
Ms. Laurine Piper, representing the Association of Reflexologists of Colorado, testified in opposition to the bill. She outlined self-regulation of reflexologists.



03:55 PM --
Ms. Diane Ahonen, representing herself, testified in opposition to the bill. She discussed the differences between reflexology and massage.





03:57 PM



Senator Lundberg distributed and explained amendment L.019 (Attachment F).



16SenateJud0425AttachF.pdf16SenateJud0425AttachF.pdf



04:00 PM --
Ms. Pamela Beets, representing the Feldenkrais Guild, testified in opposition to the bill. She discussed the Feldenkrais method, and her objections to the bill.



04:03 PM --
Mr. Al Wadleigh, representing himself, testified in opposition to the bill. He expressed support for an amendment that maintains the exemption under existing law for those who practice the Feldenkrais method.



Ms. Elena Patino distributed written testimony to the committee (Attachment G).



16SenateJud0425AttachG.pdf16SenateJud0425AttachG.pdf



04:06 PM -- Ms. Rachel Lord, representing herself, testified in opposition to the bill. She spoke favorably of an amendment maintaining certain exemptions.



04:07 PM --
Ms. Adrianne Fahey, representing herself, testified in opposition to the bill. She discussed working on prior legislation, including exemptions included in those bills.



04:10 PM --
Ms. Taraz Martinez, representing herself, testified in opposition to the bill. She described her experience as a student and mentor, and discussed the benefits of self-care methods.



04:13 PM --
Ms. Sofia Chavez, representing herself, testified in opposition to the bill. She discussed exemptions included in the bill.



04:15 PM --
Ms. Sheri Covey, representing herself, testified in opposition to the bill. She expressed that she was not included in developing the bill. She stated a desire for clarification of the bill.



04:18 PM --
Ms. Donna Walter, representing herself and the Colorado Association of Naturopathic Medicine, testified in opposition to the bill. She discussed the process of developing regulation of certain industries, and existing law.



04:21 PM --
Ms. Kim Green, representing Colorado Citizens for Health Freedom, testified in opposition to the bill. She discussed working on the bill with the bill sponsor and DORA. She discussed specific provisions of the bill and amendments.



04:27 PM --
Mr. Matt Goodhart, representing himself, testified in opposition to the bill. He discussed exemptions under existing law, and specific practices that may be affected by the bill. He responded to questions about his practice.





04:32 PM



Senator Cooke withdrew amendment L.016. Senator Lundberg distributed and explained amendment L.020 (Attachment H). Senator Lundberg withdrew amendment L.020.



16SenateJud0425AttachH.pdf16SenateJud0425AttachH.pdf

BILL: HB16-1320
TIME: 04:36:36 PM
MOVED: Cooke
MOTION: Adopt amendment L.013 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:




BILL: HB16-1320
TIME: 04:36:52 PM
MOVED: Cooke
MOTION: Adopt amendment L.017 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1320
TIME: 04:37:04 PM
MOVED: Cooke
MOTION: Adopt amendment L.019 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1320
TIME: 04:37:21 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1320, as amended, to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
No
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:37 PM



The committee adjourned.








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