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S_SA_2017A 02/15/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date: 02/15/2017
ATTENDANCE
Time: 01:39 PM to 07:50 PM
Court
X
Fenberg
X
Place: SCR 357
Sonnenberg
*
Hill
X
This Meeting was called to order by
Scott
X
Senator Scott
This Report was prepared by
Julia Jackson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-128

SB17-069

HB17-1005

SB17-099

SB17-150

SB17-152

SB17-116
Postponed Indefinitely

Postponed Indefinitely

Referred to the Committee of the Whole - Consent Calendar

Postponed Indefinitely

Postponed Indefinitely

Amended, Referred to Senate Appropriations

Referred to Senate Finance





01:39 PM -- SB17-128



Senator Fields, sponsor, presented Senate Bill 17-128 to the committee. This bill requires the governing board of each public or private institution of higher education that participates in the College Opportunity Fund to adopt a policy on sexual assault, domestic violence, dating violence, stalking, and hate crimes on or before August 1, 2018. Policies must define prohibited behaviors and outline the protocols for reporting and responding to reports. Protocols must include the rights of victims, those who report such activity, and those accused, as well as sanctions for violations. For students found responsible for one of these crimes, the institution must note on his or her transcript that the student was suspended or expelled after violating the policy. Policies must create a process for requesting removal of a notation and an appeal if the request is denied. Each institution of higher education must make the policies available to students and faculty in student and personnel handbooks and on a dedicated webpage on the institution's website. Beginning on or before August 1, 2020, institutions must review these policies every two years and revise them, as necessary.



Senator Fields addressed amendment L.003 (Attachment A).



17SenateState0215AttachA.pdf17SenateState0215AttachA.pdf



















01:44 PM --
Kirsten Schuchman and Erica Weston, representing the University of Colorado System, testified against the bill. Committee members discussed the bill with Senator Fields and Ms. Schuchman.



01:52 PM --
Steve Siegel, representing the Colorado Organization for Victims Assistance (COVA), testified in support of the bill.



01:54 PM --
Allison Boyd, representing COVA, testified in support of the bill. Committee members discussed the bill with Ms. Boyd and Senator Fields.



01:58 PM --
Suzanne Hultin, representing the National Conference of State Legislatures, testified on the bill. Committee members received two handouts from Ms. Hultin (Attachments B and C).



17SenateState0215AttachB.pdf17SenateState0215AttachB.pdf 17SenateState0215AttachC.pdf17SenateState0215AttachC.pdf



02:05 PM --
Ken Fowler, representing herself, testified in support of the bill.



02:09 PM --
Vanessa Quintana, representing herself, testified in support of the bill.



02:12 PM --
Hannah Renea Bumgarner, representing herself, testified in support of the bill.



02:13 PM --
Aren Rodriguez, representing himself, testified in support of the bill.



02:16 PM --
Heidi Thomas, representing herself, testified in support of the bill. She provided two handouts to the committee (Attachments D and E).



17SenateState0215AttachD.pdf17SenateState0215AttachD.pdf 17SenateState0215AttachE.pdf17SenateState0215AttachE.pdf



02:19 PM --
Beth Ferrier, representing herself, testified in support of the bill.



02:22 PM --
Ken Toltz, representing Safe Campus Colorado, testified in support of the bill. He provided two handouts to the committee (Attachments F and G).



17SenateState0215AttachF.pdf17SenateState0215AttachF.pdf 17SenateState0215AttachG.pdf17SenateState0215AttachG.pdf

































02:26 PM --
Lindie Woosley, representing the Rocky Mountain Children's Law Center, testified in support of the bill.

BILL: SB17-128
TIME: 02:28:55 PM
MOVED: Court
MOTION: Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Hill
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





02:30 PM



Senator Fields wrapped up her presentation of the bill. Committee members commented on the bill.

BILL: SB17-128
TIME: 02:35:16 PM
MOVED: Court
MOTION: Refer Senate Bill 17-128, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Hill
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL






















BILL: SB17-128
TIME: 02:35:31 PM
MOVED: Hill
MOTION: Postpone Senate Bill 17-128 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
Court
No
Fenberg
No
Sonnenberg
Yes
Hill
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:36 PM -- SB17-069



The committee recessed. The committee reconvened.



Senator Holbert, sponsor, requested that the committee postpone Senate Bill 17-069 indefinitely. This bill authorizes designated election officials to use random sampling to verify candidate petition signatures and directs the Department of State to promulgate random sampling rules. Under current law, all signatures must be verified using voter registration records. The bill also requires that designated election officials verify that a candidate petition circulator is qualified and that the circulator's signature does not predate any of the petition signatures. Any petition executed by an ineligible circulator or prior to the date of any eligible voter signature is void. This bill also directs the Department of State in collaboration with county clerks and other designated election officials to study best practices for collecting candidate petition signatures electronically. Findings must be reported during the SMART Act hearing for the Department of State prior to the start of the 2020 General Assembly.










































BILL: SB17-069
TIME: 02:37:09 PM
MOVED: Hill
MOTION: Postpone Senate Bill 17-069 indefinitely. The motion passed on a vote of 4-0, with 1 member excused.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
Excused
Hill
Yes
Scott
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:39 PM -- HB17-1005



Senator Tate, sponsor, presented House Bill 17-1005 to the committee. The bill, recommended by the Statutory Revision Committee, updates various statutes pertaining to the Office of the State Auditor.



02:41 PM --
Dianne Ray, State Auditor, testified in support of the bill. Committee members discussed the bill with Ms. Ray.

BILL: HB17-1005
TIME: 02:43:54 PM
MOVED: Hill
MOTION: Refer House Bill 17-1005 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0, with 1 member excused.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
Excused
Hill
Yes
Scott
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





















02:45 PM



The committee recessed.





02:45 PM -- SB17-099



The committee reconvened.



Senator Kerr, sponsor, presented Senate Bill 17-099 to the committee. This bill enters Colorado into an agreement to elect the president by national popular vote. Any state and the District of Columbia may enter into the agreement by enacting it. Requirements for when the agreement takes effect, terms for states to withdraw from the agreement, and the process that must be undertaken by election officials to determine the national popular vote total and certify the national popular vote winner are described in the bill. This agreement terminates if the Electoral College is abolished.



02:50 PM --
Toby Howie, representing himself as a student at Bell Middle School, testified against the bill.



02:56 PM --
Jack Babitz, representing himself as a student at Bell Middle School, testified against the bill.



03:01 PM --
Connor Logan, representing himself as a student at Bell Middle School, testified in support of the bill.



03:04 PM --
Tucker Tingley, representing himself as a student at Bell Middle School, testified in support of the bill.



03:08 PM --
Braden Kerr, representing himself as a student at Bell Middle School, testified in support of the bill.



03:13 PM --
Jean Walter, representing herself, testified remotely from Fort Lewis College in support of the bill.



03:17 PM --
Kim Martin, representing the League of Women Voters, testified remotely from Fort Lewis College in support of the bill.



03:19 PM --
Shauna Agnew, representing herself, testified remotely from Fort Lewis College in support of the bill.



03:23 PM --
Darlene Derbigny, representing herself, testified remotely from Otero Junior College in support of the bill.



03:26 PM --
Dr. David Lenderts, representing himself, testified remotely from Adams State University in support of the bill.





















03:30 PM --
Shirley Atencio, representing herself, testified remotely from Adams State University in support of the bill.



03:35 PM --
Julie Mordecai, representing herself, testified remotely from Adams State University in support of the bill.



03:38 PM --
Trudi Kretsinger, representing herself, testified remotely from Adams State University in support of the bill.



03:48 PM -- Polly Baca, representing herself, testified in support of the bill. She provided a written copy of her testimony (Attachment H), as well as written statements from two other presidential electors (Attachments I and J).



17SenateState0215AttachH.pdf17SenateState0215AttachH.pdf 17SenateState0215AttachI.pdf17SenateState0215AttachI.pdf



17SenateState0215AttachJ.pdf17SenateState0215AttachJ.pdf



03:52 PM --
Brenden Cline, representing himself, testified in support of the bill. Committee members discussed the bill with Mr. Cline, Ms. Baca, and Senator Kerr.



04:08 PM --
Rod Britten, representing himself, testified remotely from Colorado Mesa University in support of the bill.



04:16 PM --
Peggy Rawlins, representing herself, testified remotely from Colorado Mesa University in support of the bill.



04:17 PM --
Ellen Heffernan, representing herself, testified remotely from Colorado Mesa University in support of the bill.



04:21 PM --
Wyatt Hurt, representing the Mesa County Democrats, testified remotely from Colorado Mesa University in support of the bill.



04:27 PM --
Melissa Hart, representing herself, testified in support of the bill.





04:30 PM



Senator Lambert replaced Senator Hill on the committee.



04:33 PM --
Deputy Secretary of State Suzanne Staiert testified against the bill.



04:38 PM --
Marilyn Hughes, representing herself, testified in support of the bill.

















04:41 PM --
Marisa Dirks, representing herself, testified in support of the bill.



04:44 PM --
Elizabeth Steele, representing Colorado Common Cause, testified in support of the bill.



04:48 PM --
Harvie Branscomb, representing electionquality.com, testified in a neutral capacity on the bill.



04:52 PM --
Geoff Dolman, representing himself, testified in support of the bill.



04:55 PM --
Jim DeWall, representing himself, testified in support of the bill.



04:59 PM --
Nancy Crow, representing the League of Women Voters of Colorado, testified in support of the bill. She provided a written copy of her testimony (Attachment K).



17SenateState0215AttachK.pdf17SenateState0215AttachK.pdf



05:03 PM --
Ralph Burns, representing himself, testified in support of the bill. He provided a handout to the committee (Attachment L).



17SenateState0215AttachL.pdf17SenateState0215AttachL.pdf



05:06 PM --
Harry Hempy, representing the Greater Boulder Green Party, testified in support of the bill.



05:09 PM --
Eric Douglas, representing himself, testified in support of the bill.





05:13 PM



The committee recessed.





05:13 PM



The committee reconvened.



05:13 PM --
Jesse Kumin, representing Best Democracy, testified in support of the bill. He provided a handout to the committee (Attachment M).



17SenateState0215AttachM.pdf17SenateState0215AttachM.pdf















05:17 PM --
Edward Kean, representing himself, testified in support of the bill.





05:20 PM



Senator Kerr offered amendment L.001 (Attachment N).



17SenateState0215AttachN.pdf17SenateState0215AttachN.pdf

BILL: SB17-099
TIME: 05:20:57 PM
MOVED: Court
MOTION: Adopt amendment L.001 (Attachment N). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Lambert
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL





05:21 PM



Senator Kerr wrapped up his presentation of the bill.





05:30 PM



Committee members discussed the bill with Senator Kerr.
































BILL: SB17-099
TIME: 05:42:36 PM
MOVED: Court
MOTION: Refer Senate Bill 17-099 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Lambert
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-099
TIME: 05:42:59 PM
MOVED: Sonnenberg
MOTION: Postpone Senate Bill 17-099 indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Court
No
Fenberg
No
Sonnenberg
Yes
Lambert
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS









































05:44 PM -- SB17-150



Senator Kerr, sponsor, presented Senate Bill 17-150 to the committee. This bill prohibits public officials from appointing, employing, promoting, advancing, or advocating for a relative within the state agency in which they serve or control. Additionally, if a public official who serves in or controls a state agency advocates for a relative's employment in that same agency, that individual is not entitled to salary or benefits in connection with state employment. This bill does not prevent the relative of a public official from being employed or appointed, so long as the public official did not advocate for them and the employee was appointed or hired in compliance with state personnel rules. These requirements do not apply for positions in which employees are paid hourly. Additionally, the executive director of the Department of Personnel is authorized to promulgate rules for the temporary employment of individuals whose employment would otherwise be prohibited by this bill in the event of natural disasters or other unforeseen events.



Senator Kerr offered amendments L.001, L.002, L.005, L.006, and L.007 (Attachments O, P, Q, R, and S). Committee members discussed the bill and amendments with Senator Kerr.



17SenateState0215AttachO.pdf17SenateState0215AttachO.pdf 17SenateState0215AttachP.pdf17SenateState0215AttachP.pdf



17SenateState0215AttachQ.pdf17SenateState0215AttachQ.pdf 17SenateState0215AttachR.pdf17SenateState0215AttachR.pdf



17SenateState0215AttachS.pdf17SenateState0215AttachS.pdf



06:00 PM



Nicole Myers, Office of Legislative Legal Services, responded to committee questions about the bill and amendments. Discussion continued.



06:12 PM --
Mark Quiner, representing the National Conference of State Legislatures, testified on the bill and responded to committee questions.


































BILL: SB17-150
TIME: 06:19:48 PM
MOVED: Court
MOTION: Adopt amendment L.001 (Attachment O). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Lambert
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-150
TIME: 06:20:05 PM
MOVED: Court
MOTION: Adopt amendment L.002 (Attachment P). The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Lambert
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL






































BILL: SB17-150
TIME: 06:20:51 PM
MOVED: Court
MOTION: Adopt amendment L.005 (Attachment Q). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Lambert
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-150
TIME: 06:21:07 PM
MOVED: Court
MOTION: Adopt amendment L.006 (Attachment R). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Lambert
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


































BILL: SB17-150
TIME: 06:24:11 PM
MOVED: Court
MOTION: Adopt amendment L.007 (Attachment S). The motion passed on a vote of 4-1.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
Yes
Lambert
No
Scott
Yes
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:25 PM



Committee members discussed the bill with Senator Kerr. Senator Kerr wrapped up his presentation of the bill.

BILL: SB17-150
TIME: 06:28:13 PM
MOVED: Court
MOTION: Refer Senate Bill 17-150, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Lambert
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL




























BILL: SB17-150
TIME: 06:28:28 PM
MOVED: Sonnenberg
MOTION: Postpone Senate Bill 17-150 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
Court
No
Fenberg
No
Sonnenberg
Yes
Lambert
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:29 PM -- SB17-152



Senator Court, sponsor, presented Senate Bill 17-152 to the committee. This bill updates Colorado statutes to reflect the changes to the Colorado constitution under Amendment 71, which was approved by the voters during the 2016 General Election.



06:30 PM --
Reeves Brown, representing Building a Better Colorado, testified on the bill.



06:35 PM --
Deputy Secretary of State Suzanne Staiert testified in support of the bill and responded to committee member questions.



06:38 PM --
Chad Vorthmann, representing the Colorado Farm Bureau, testified in support of the bill.





06:40 PM



Ms. Staiert returned to the table to respond to committee questions.



Senator Sonnenberg offered an amendment replacing the safety clause with a petition clause.


BILL: SB17-152
TIME: 06:46:32 PM
MOVED: Fenberg
MOTION: Adopt an amendment replacing the safety clause with a petition clause. The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Lambert
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





06:47 PM



Senator Court wrapped up her presentation of the bill.

BILL: SB17-152
TIME: 06:48:05 PM
MOVED: Court
MOTION: Refer Senate Bill 17-152, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
Yes
Lambert
No
Scott
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS































06:50 PM -- SB17-116



Senator Neville, sponsor, presented Senate Bill 17-116 to the committee. This bill allows anyone 21 or older who is legally allowed to possess a handgun to carry a concealed handgun without a permit, including on school, college, or university grounds.



06:54 PM --
Mary Parker, representing herself, testified against the bill.



06:59 PM --
Helen Kamin, representing herself, testified against the bill.



07:02 PM --
Jason Moore, representing himself, testified against the bill.





07:06 PM



Written testimony from Julie Meyers was provided to committee members (Attachment T).



17SenateState0215AttachT.pdf17SenateState0215AttachT.pdf



07:07 PM --
David Larson, representing himself, testified against the bill.



07:10 PM --
Annmarie Jenson, representing the Colorado Coalition Against Domestic Violence, read testimony from Lydia Waligorski against the bill.



07:13 PM --
Don Macalady, representing Hunters Against Gun Violence, testified against the bill. He provided a written copy of his testimony (Attachment U).



17SenateState0215AttachU.pdf17SenateState0215AttachU.pdf



07:16 PM --
Jean Grattet, representing the League of Women Voters of Colorado, testified against the bill.



07:20 PM --
Eileen McCarron, representing Colorado Ceasefire, testified against the bill.



07:24 PM --
Dan Murphy, representing Rocky Mountain Gun Owners, testified in support of the bill.



07:27 PM --
Travis Couture-Lovelady, representing the National Rifle Association, testified in support of the bill.

























07:29 PM --
Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill. He provided a handout to committee members (Attachment V).



17SenateState0215AttachV.pdf17SenateState0215AttachV.pdf



07:31 PM --
Phil Ross, representing himself, testified in support of the bill.





07:36 PM



Senator Fenberg offered an amendment replacing the safety clause with a petition clause. Committee members commented on the proposed amendment.

BILL: SB17-116
TIME: 07:40:02 PM
MOVED: Fenberg
MOTION: Adopt an amendment replacing the safety clause with a petition clause. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Lambert
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL















































07:41 PM



Senator Neville wrapped up his presentation of the bill. Committee members discussed the bill with Senator Neville.

BILL: SB17-116
TIME: 07:49:22 PM
MOVED: Sonnenberg
MOTION: Refer Senate Bill 17-116 to the Committee on Finance. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Court
No
Fenberg
No
Sonnenberg
Yes
Lambert
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:50 PM



The committee adjourned.