House Committee on State, Veterans, & Military Affairs (05/01/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	05/01/2013	ATTENDANCE

Time:	11:30 AM to 02:22 PM	Dore	X
		Foote	X
Place:	LSB A	Humphrey	X
		Labuda	X
This Meeting was called to order by		Melton	X
	Representative Ryden	Moreno	X
		Nordberg	X
This Report was prepared by		Scott	X
	Bo Pogue	Williams	X
		Salazar	*
		Ryden	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-203 SB13-251 SB13-268 SB13-271		Postponed Indefinitely Referred to Finance Referred to the Committee of the Whole Referred to Appropriations

11:31 AM -- Senate Bill 13-203

The committee was called to order. A quorum was present. Representative Coram presented Senate Bill 13-203, concerning limitations on the use of certain public land for automotive service stations in order to limit government competition. Committee members received a letter of support for the bill from Paul Brown, President of the Monument Oil Company (Attachment A). Representative Coram explained the effect of the bill. Representative Coram responded to questions regarding public entities that currently retail motor fuel, and the bill's impact on public-private partnerships in the state. Discussion ensued regarding a natural gas refueling station in Grand Junction constructed through a cooperative agreement between Monument Oil and the city.

13HseState0501AttachA.pdf

11:37 AM

The following persons testified regarding Senate Bill 13-203:

11:37 AM -- Mr. Andy Karsian, representing Colorado Counties, Inc, and Mr. Mark Radtke, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Radtke discussed the impact of the bill on efforts to create public-private partnerships at the local level to install natural gas refueling stations. Mr. Karsian expressed support for public-private partnerships at the local level for refueling stations, and explained how they work. Mr. Karsian asserted that local governments do not want to enter the retail fuel market, but rather want to enter into agreements with private companies. Mr. Karsian discussed his organization's position on the bill if amendment L.005 (Attachment B) is adopted, and explained the effect of the amendment. Discussion ensued regarding the concept of "fair market value" and how it is determined, particularly in the motor fuels market.

13HseState0501AttachB.pdf

11:47 AM

Mr. Karsian responded to questions regarding the source of his organization's opposition to the bill, and the reason his organization would take a neutral position on the bill with the passage of amendment L.005. Mr. Radtke provided his opinion on amendment L.005. Mr Karsian responded to questions regarding the potential for counties to enter the motor fuel retail market.

11:55 AM -- Mr. Kurt Morrison, representing the Department of Transportation (CDOT), testified in opposition to Senate Bill 13-203. Mr. Morrison discussed current prohibitions against CDOT allowing motor vehicle refueling stations to operate on its highway rest areas, and discussed CDOT's desire to enter into public-private partnerships to do so in the future. Mr. Morrison responded to questions regarding CDOT's position on the bill if amendment L.005 were to pass, and the effect of the bill on nonprofit organizations with certain financial arrangements with the motor fuels industry.

12:00 PM -- Mr. Scott Paulson, representing Silco Oil, testified in support of the bill. Mr. Paulson discussed the reasons that prohibitions against using public lands for siting gas stations were enacted, and expressed opposition to competition between refueling stations sited on private property and operations sited on government property. Mr. Paulson responded to questions regarding his position on amendment L.005, and his position on public-private partnerships to operate natural gas refueling stations.

12:05 PM -- Mr. Dan Hodges, representing the Colorado Association of Municipal Utilities, testified in opposition to Senate Bill 13-203. Mr. Hodges expressed opposition to restrictions in the bill on local governments entering the natural gas refueling market, and restrictions on local public-private partnerships in the motor refueling market, since these restrictions impact utilities. Discussion ensued regarding home rule provisions in the State Constitution pertaining to public utilities, and the potential abridgement of these provisions by the bill. Mr. Hodges responded to questions regarding his position on amendment L.005. Representative Coram responded to questions regarding his impression of the constitutional objections raised by Mr. Hodges.

12:12 PM -- Mr. Eric Heil, representing the American Planning Association, testified in opposition to the bill. Mr. Heil suggested that the bill is unnecessary and places unnecessary restrictions on local governments. Mr. Heil discussed certain potentially ambiguous language in the bill. Mr. Heil provided his organization's position on the bill if amendment L.005 were to pass.

12:14 PM -- Mr. Mark Larson, representing the Colorado Wyoming Petroleum Marketers Association, testified in support of the bill. Mr. Larson discussed efforts to overturn federal prohibitions against operating motor vehicle refueling stations on government-owned land, and property tax exemptions for private entities involved in public-private partnerships, which create a competitive disadvantage for stations sited on privately owned land. He discussed the potential impact of public-private motor vehicle refueling station partnerships on the refueling market, and provided his opinion of amendment L.005. Mr. Larson also discussed the future of the natural gas refueling market. Mr. Larson responded to questions regarding the fair market value standard in amendment L.005, and provisions in Senate Bill 13-203 that require cost determinations that are difficult to quantify. Mr. Larson responded to questions regarding the potential overturning of federal prohibitions against operating motor vehicle refueling stations on government-owned land.

12:29 PM

Discussion ensued regarding the potential for the bill to infringe on the powers of home-rule municipalities, and the definition of "highway" under the bill.

12:32 PM -- Mr. James Orsulak, representing Clean Energy, testified in support of the bill. Committee members received copies of a letter expressing support for the bill authored by Mr. Todd Campbell of Clean Energy (Attachment C). Mr. Orsulak explained how the bill would create a level playing field for compressed natural gas motor vehicle refueling, and discussed the bill's impact on public-private partnerships. Mr. Orsulak provided his opinion of the "fair market value" standard in amendment L.005. Mr. Orsulak responded to questions regarding the process by which the natural gas refueling facility was constructed in Grand Junction, and the potential for a competing facility to be constructed in Grand Junction. Mr. Orsulak responded to further questions regarding the impact of the bill on the construction of smaller natural gas refueling facilities, including facilities constructed through public-private partnerships. Mr. Orsulak responded to questions regarding the business arrangement between Grand Junction and the natural gas refueling station located there, and state government's involvement in Clean Energy's construction of natural gas refueling facilities.

13HseState0501AttachC.pdf

12:41 PM -- Mr. Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill. Mr. Fulton discussed the use of refueling stations from a consumer perspective, and liability for accidents and other mishaps at private-sector refueling stations. Mr. Fulton addressed the issue of private stations competing with stations constructed through public-private partnerships. Mr. Fulton responded to questions regarding the potential effect of the bill on the motor vehicle natural gas refueling market, and expressed his opinion on amendment L.005.

12:47 PM

Representative Scott explained the effect of amendment L.004 (Attachment D).

13HseState0501AttachD.pdf


BILL:	SB13-203
TIME:	12:47:59 PM
MOVED:	Scott
MOTION:	Adopt amendment L.004 (Attachment D). A substitute motion to adopt amendment L.005 (Attachment B) was considered, and a subsequent substitute motion to postpone the bill indefinitely passed.
SECONDED:	Humphrey
		VOTE
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn

12:48 PM

Representative Ryden moved amendment L.005, and Representative Moreno severed the amendment between lines 9 and 10 on page 1. Representative Moreno explained his reasons for severing the amendment. Ms. Esther van Mourik, Legislative Legal Services, explained the effect of severing the amendment. Various committee members and Representative Coram discussed the merits of the two severed sections of amendment L.005. They also discussed the concept of "fair market value" in the context of the amendment.


BILL:	SB13-203
TIME:	12:48:32 PM
MOVED:	Moreno
MOTION:	Adopt amendment L.005 (Attachment B) severed section #1, page 1, lines 1 through 9. The motion passed without objection.
SECONDED:	Salazar
		VOTE
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB13-203
TIME:	12:48:07 PM
MOVED:	Ryden
MOTION:	Adopt amendment L.005 (Attachment B) severed section #2, page 1, lines 10 and 11. A substitute motion to postpone indefinitely Senate Bill 13-203 was passed.
SECONDED:	Salazar
		VOTE
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Scott
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Substitute Motion Passed


BILL:	SB13-203
TIME:	12:57:37 PM
MOVED:	Dore
MOTION:	Postpone Senate Bill 13-203 indefinitely. The motion passed on a vote of 11-0.
SECONDED:	Scott
		VOTE
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Scott	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:58 PM -- Senate Bill 13-251

Representative Melton, prime sponsor, presented Senate Bill 13-251, concerning documentary evidence needed for an individual to be issued an identity document by the Department of Revenue. Representative Melton discussed the impact of uninsured drivers on insurance rates, and the potential impact of issuing driver's licenses to those not legally residing in the United States on automobile insurance rates. Representative Melton noted organizations in support of Senate Bill 13-251, and explained the effect of the bill. Representative Melton responded to questions regarding the purposes for which the identification issued under the bill may be used, and data indicating whether those covered by legislation similar to Senate Bill 13-251 enacted in other states continue to drive if they fail driving tests. Representative Melton responded to further questions regarding the design of the identification to be issued under the bill, and the process by which the covered individuals would obtain a driver's license under the bill. Representative Melton responded to questions regarding the potential benefits of the bill to Colorado drivers, and the impact of legislation similar to Senate Bill 13-251 enacted in other states on automobile insurance rates in those states.

01:12 PM

Representative Melton responded to questions regarding background checks performed under Senate Bill 13-251, and the potential for those obtaining driver's licenses under the bill to obtain automobile insurance. Representative Melton responded to questions regarding provisions in the bill requiring proof of payment of taxes to be eligible for the identification issued under the bill, and the impact of the federal REAL ID act on the bill.

01:16 PM

The following persons testified regarding Senate Bill 13-251:

01:16 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police and the County Sheriffs of Colorado, testified in support of the bill. Mr. Jensen discussed the potential impact of the bill in the area of public safety by increasing automobile insurance coverage and reducing hit-and-run accidents. Ms. Jensen deemed the identification to be issued by the bill acceptable, and discussed data trends associated with the passage of legislation similar to Senate Bill 13-251 in other states. Ms. Jensen responded to questions regarding background checks performed in association with application for a driver's license. Ms. Jensen discussed the scrutiny placed on those who come to the U.S. through legal means. Discussion ensued regarding how a person would renew a driver's license issued under the bill. Ms. Jensen responded to questions regarding the factors considered by the Colorado Association of Chiefs of Police while formulating a position on the bill.

01:25 PM -- Mr. Julien Ross, representing the Colorado Immigrant Rights Coalition, testified in support of Senate Bill 13-251. Mr. Ross discussed the use of roadways by workers, and cited examples of the reliance on driving to maintain employment. Mr. Ross discussed the benefits of allowing those not in the country legally to obtain driver's licenses. Mr. Ross responded to questions regarding the willingness of those not legally present in the United States to obtain state-issued identification, and potential outreach to the population covered by the bill to convince them to obtain identification.

01:32 PM -- Ms. Julie Gonzales, representing Colorado Latino Forum, testified in support of the bill. Ms. Gonzales discussed the public safety benefits of the bill, not only with respect to driving but also crime reporting. Ms. Gonzales discussed the requirements in the bill for obtaining identification, and alignment of the bill with federal immigration reform initiatives. Ms. Gonzales responded to questions regarding fingerprint requirements in the bill.

01:36 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes discussed prohibitions against obtaining public benefits by those in the country illegally. She discussed the public's reliance on driving to conduct daily affairs, and the population that would benefit from the bill. Ms. Maes discussed the status of the bill in terms of the federal REAL ID Act.

01:40 PM -- Ms. Esmeralda Dominguez and Mr. Jorge Garcia, representing themselves, testified in support of the bill. Ms. Dominguez discussed adjustments that must be made by those who cannot obtain a driver's license, and the impact of her husband's not being able to obtain a driver's license on her family. Mr. Garcia discussed the benefits his family would enjoy if his father could obtain a driver's license.

01:44 PM -- Mr. Ricardo Martinez, representing Padres y Jovenes Unidos, testified in support of the bill. Mr. Martinez provided some history of driver's license access and automobile insurance coverage, and discussed the potential benefits of the bill in the area of driver safety.

01:46 PM -- Ms. Hillary Jorgensen, representing the Colorado Progressive Coalition, testified in support of Senate Bill 13-251. Ms. Jorgensen discussed the fiscal impact of the bill.

01:49 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska noted states that have enacted legislation similar to Senate Bill 13-251, and discussed the bill's potential public safety benefits.

01:51 PM -- Ms. Margarita Gomez, representing 9 to 5 Association of Working Women, testified in support of the bill. Ms. Gomez discussed the potential benefits of the bill in the area of driver safety, and the problems her family members have experienced in accessing transportation. Ms. Gomez discussed the process through which an individual may obtain a driver's license under the bill, and explained that her father obtained a driver's license upon gaining U.S. citizenship.

01:55 PM -- Mr. Euell Santistevan, representing himself, testified in support of the bill. Mr. Santistevan discussed the public safety aspects of the bill, and legislation passed in 2001 pertaining to accessing driver's licenses.

01:56 PM

No amendments were offered to Senate Bill 13-251. Representative Melton provided closing remarks in support of the bill. Various committee members discussed the merits of the bill.


BILL:	SB13-251
TIME:	02:03:14 PM
MOVED:	Melton
MOTION:	Refer Senate Bill 13-251 to the Committee on Finance. The motion passed on a vote of 7-4.
SECONDED:	Salazar
		VOTE
	Dore	No
	Foote	Yes
	Humphrey	No
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	No
	Scott	No
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM -- Senate Bill 13-268

Representative May, prime sponsor, presented Senate Bill 13-268, concerning the repeal of certain requirements in connection with any bill enacted by the General Assembly that relies on gifts, grants, or donations as its funding source. Representative May explained the effect of the bill. Representative May responded to questions regarding reporting by state agencies pertaining to programs funded by gifts, grants, and donations if the bill were to pass. Representative May clarified the reporting requirements under the bill with respect to federal and nongovernmental grants. No one testified regarding Senate Bill 13-268, and no amendments were offered to the bill.


BILL:	SB13-268
TIME:	02:10:43 PM
MOVED:	Moreno
MOTION:	Refer Senate Bill 13-268 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Williams
		VOTE
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Scott	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:12 PM -- Senate Bill 13-271

Representative Primavera, prime sponsor, presented Senate Bill 13-271, concerning funding for the address confidentiality program. Representative Primavera provided background on the address confidentiality program, and explained the effect of the bill. Representative Primavera responded to questions regarding the need to use General Fund moneys for the address confidentiality program, and the number of participants in the program. The following person testified regarding Senate Bill 13-271:

02:16 PM -- Mr. Jack Wylie, representing the Department of Personnel and Administration, testified in support of the bill. Mr. Wylie discussed the number of current and projected participants in the address confidentiality program, and the surcharge levied on those convicted of certain crimes to pay for the program. Mr. Wylie explained why the department may need to access General Fund moneys to pay for the program. Mr. Wylie responded to questions regarding payment of the surcharge by the offender population, and the potential for the address confidentiality program to be increasingly funded using General Fund moneys in the future. Mr. Wylie responded to questions regarding the qualifications for participation in the address confidentiality program, and funding for the program.

02:21 PM

No amendments were offered to Senate Bill 13-271.


BILL:	SB13-271
TIME:	02:21:52 PM
MOVED:	Melton
MOTION:	Refer Senate Bill 13-271 to the Committee on Appropriations. The motion passed on a vote of 10-1.
SECONDED:	Moreno
		VOTE
	Dore	Yes
	Foote	Yes
	Humphrey	No
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Scott	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:22 PM

The committee adjourned.