Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE & ENVIRONMENT

Date:02/21/2013
ATTENDANCE
Time:01:38 PM to 07:47 PM
Conti
X
Fields
E
Place:HCR 0107
Ginal
X
Humphrey
X
This Meeting was called to order by
Joshi
X
Representative Schafer
Primavera
X
Stephens
*
This Report was prepared by
Swalm
X
Amanda King
Young
X
Schafer
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB13-1115
HB13-1192		Amended, Referred to Finance
Postponed Indefinitely


01:39 PM -- House Bill 13-1115

Representative McCann presented House Bill 13-1115 concerning the repeal of CoverColorado. The bill repeals CoverColorado as of March 31, 2015. Prior to the repeal, the board of directors of CoverColorado is to develop an orderly plan for the cessation of the program that includes:

Representative McCann discussed potential amendments to the bill.


01:47 PM -- Suzanne Bragg-Gamble, CoverColorado, testified in support of the bill. She provided a handout to the committee (Attachment A). Ms. Bragg-Gamble discussed the planned future activities of CoverColorado, which will include outreach and communication with CoverColorado members about the transition to other insurance coverage. Ms. Bragg-Gamble responded to questions from Representative Stephens about the plans for any remaining CoverColorado funds. Representative McCann asked Ms. Bragg-Gamble to explain amendment L.001 (Attachment B), which was distributed to the committee.

130221 AttachA.pdf130221 AttachA.pdf130221 AttachB.pdf130221 AttachB.pdf

01:55 PM -- Wendy Funk Schrag, Fresenius Medical Care, testified on the bill. She stated that she was also testifying on behalf of Marianne Robinson. She discussed potential health insurance coverage gaps that can occur for people who are on dialysis who qualify for Medicare supplement policies and people who lose affordable health insurance coverage. Ms. Funk Schrag responded to questions from Representative Stephens about potential health insurance coverage gaps.

02:02 PM -- Marc Reece, Colorado Association of Health Plans, testified in support of the bill. He discussed support of the potential amendments and the transition of care.

02:04 PM -- Denise de Percin, Colorado Consumer Health Initiative, testified in support of the bill. She discussed the potential amendments to the bill. Ms. de Percin responded to questions from Representative Primavera about what kind of consumer-focused programs the remaining funds should support.

02:07 PM -- Robert Ferm, Cigna, Aetna, and Humana, testified on the bill. He discussed the potential use of excess reserve funds.

02:09 PM -- Scott Chase, DaVita HealthCare Partners, testified in support of the bill. He provided a letter to the committee (Attachment C). He discussed dialysis patients and the transition of care.

130221 AttachC.pdf130221 AttachC.pdf


02:11 PM

Representative McCann discussed amendment L.001.
BILL:HB13-1115
TIME: 02:11:56 PM
MOVED:McCann
MOTION:Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Young
VOTE
Conti
Fields
Ginal
Humphrey
Joshi
Primavera
Stephens
Swalm
Young
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



02:13 PM

Representative Stephens discussed amendment L.003 (Attachment D), and responded to questions from Representative Primavera about whether the remaining funds could be directed to consumer focused efforts, such as navigators.

130221 AttachD.pdf130221 AttachD.pdf
BILL:HB13-1115
TIME: 02:15:33 PM
MOVED:Stephens
MOTION:Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:Conti
VOTE
Conti
Fields
Excused
Ginal
Humphrey
Joshi
Primavera
Stephens
Swalm
Young
Schafer
McCann
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



02:16 PM

Representative Stephens commented on the bill.
BILL:HB13-1115
TIME: 02:16:51 PM
MOVED:McCann
MOTION:Refer House Bill 13-1115, as amended, to the Committee on Finance. The motion passed on a vote of 10-0, with one member excused.
SECONDED:Swalm
VOTE
Conti
Yes
Fields
Excused
Ginal
Yes
Humphrey
Yes
Joshi
Yes
Primavera
Yes
Stephens
Yes
Swalm
Yes
Young
Yes
Schafer
Yes
McCann
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:20 PM -- House Bill 13-1192

Representative Labuda presented House Bill 13-1192, concerning labeling requirements for genetically engineered food. The bill requires that food sold in Colorado that contains more than one percent genetically engineered materials, or was produced with genetically engineered materials, be labeled to that effect. Genetically engineered refers to organisms and biological materials that have been altered at the molecular or cellular level by means that are not possible under natural conditions or processes. Certain foods and products are exempt from the labeling requirement. The Colorado Department of Public Health and Environment may promulgate rules for the administration and enforcement of the provisions of the bill including a testing methodology to determine the presence of genetically engineered materials.

Representative Labuda responded to questions from the committee about how the labeling would occur, whether there are any benefits to genetically modified crops, and how enforcement would occur. Representative Labuda continued to respond to questions from the committee about whether any long-term studies about the effects of genetically engineered foods have been conducted and whether there are potential adverse effects on food costs due to additional labeling.


02:35 PM

Representative Labuda responded to questions from Representative Ginal about the reported toxin levels in pregnant women. Representative Labuda referred to the fiscal note for the bill concerning potential labeling costs in response to questions from Representative Stephens. Representative Labuda responded to questions about organic foods and who could be fined under the bill.

02:43 PM -- Chris Tallman, Colorado Association of Wheat Growers, testified against the bill. He discussed bio-engineered foods, the potential additional costs for consumers due to additional food labeling, and potential problems with a state-by-state approach to food labeling. Mr. Tallman responded to questions from the committee about the study he referenced, genetically modified wheat, and how much of Colorado's wheat is exported.

02:52 PM -- Marie Weller, GMO Free Colorado, testified in support of this bill. She discussed her children's food allergies and medical conditions, and the current testing practices of foods. Ms. Weller responded to questions from the committee about organic food contamination and her daughter's food allergies and medical conditions. Her daughter made a statement to the committee in support of the bill.

03:06 PM -- Mary Lou Chapman, Rocky Mountain Food Industry Association, testified against the bill. She provided a list of organization opposed to the bill (Attachment E). She discussed potential issues with genetically modified food labeling. She read a portion of a letter from the Grocery Manufacturers of America (Attachment F). Representative Primavera made comments about the federal Food and Drug Administration. Ms. Chapman responded to questions from the committee about potential food cost increases due to food labeling, whether other states have passed similar legislation, and potential federal legislation for genetically engineered food labeling.

130221 AttachE.pdf130221 AttachE.pdf130221 AttachF.pdf130221 AttachF.pdf

03:20 PM -- Keith Pearson, McLane Company, testified against the bill. He discussed the grocery supply chain. Mr. Pearson responded to questions about whether food tracking could occur, food distribution centers, and the marketing efforts of suppliers to make consumers aware of certain aspects of products.

03:33 PM -- Paul Schlagel, representing himself, testified against the bill. He provided a copy of his comments about being farmer to the committee (Attachment G). Mr. Schlagel responded to questions from the committee about genetically enhanced seeds.

130221 AttachG.pdf130221 AttachG.pdf

03:43 PM -- Mark Sponsler, Colorado Corn Growers, testified against the bill. He discussed the U.S. Department of Agriculture, the American Medical Association, and several other entities' positions about bio-engineered foods. Mr. Sponsler responded to questions about the percentage of corn produced in Colorado that is genetically modified and whether genetically modified foods could be tracked.

03:51 PM -- Steve Young, Rocky Mountain Agribusiness Association, testified against the bill. He discussed the product segregation processes that may be necessary if the bill is enacted. Mr. Young responded to questions from the committee about genetically modified seeds, whether genetically modified wheat exists, and organic foods.



04:03 PM -- Shayne Madsen, Biotechnology Industry Organization, testified against the bill. She provided the committee a copy of a letter from Daniel Bush, Colorado State University (Attachment H). She discussed certified organic food labeling and the food distribution system. She discussed the potential costs of the bill. Ms. Madsen responded to questions from Representative Labuda about food recalls.

130221 AttachH.pdf130221 AttachH.pdf

04:10 PM -- Charlie Talbott, Colorado Farm Bureau, testified against the bill. He discussed the organizations that do not find genetically engineered foods unsafe, potential confusion that could occur with the exceptions contained in the bill, and other food labeling requirements. Mr. Talbott responded to questions from Representative Young about a possible market for non-genetically modified products.

04:19 PM -- Travis Berry, Colorado Competitive Council, testified against the bill. He discussed the potential impacts of the bill on costs and small local food producers.

04:22 PM -- Leah Lindahl, Colorado BioScience Association, testified against the bill. She discussed her opposition to a state-by-state approach to food labeling. Ms. Lindahl responded to questions about potential federal legislation to address food labeling.

04:25 PM -- Sam Schabacker, Food and Water Watch, testified in support of the bill. He discussed federal regulation of genetically engineered foods and the cost to consumers for genetically engineered food labeling. He discussed genetically engineered food labeling in the United Kingdom. Mr. Schabacker responded to questions from Representative Stephens about the amount of choice in the United Kingdom food system and potential federal legislation on food labeling.

04:32 PM -- Christine Heintz, representing herself, testified in support of the bill. She discussed studies on genetically engineered foods. She listed the countries that either ban or require labeling of genetically engineered foods. She responded to questions from the committee regarding the studies referenced in her testimony.

04:44 PM -- Melissa Venegas, representing herself, testified in support of the bill. She read a letter regarding the discovery of a new organism in domestic foods. Ms. Venegas responded to questions from Representative Ginal whether the new organism was caused by genetic modification. Representative Primavera discussed glyphosate.

04:54 PM -- Paul Bloede, No GMOs in Denver Meet-up.com Group, testified against the bill. He read from a document containing excerpts from books by Jim Marrs (Attachment I). He discussed legislation in Hawaii concerning genetically modified organism labeling. Mr. Bloede responded to questions about Jim Marrs and the studies he cited during his testimony.

130221 AttachI.pdf130221 AttachI.pdf


04:55 PM

Representative Labuda provide a fact sheet (Attachment J) and packet of letters to the committee (Attachments K through N).

130221 AttachJ.pdf130221 AttachJ.pdf130221 AttachK.pdf130221 AttachK.pdf130221 AttachL.pdf130221 AttachL.pdf130221 AttachM.pdf130221 AttachM.pdf130221 AttachN.pdf130221 AttachN.pdf

05:00 PM -- Annisa Johnson, representing herself, testified in support of the bill. She discussed the history of the American Medical Association's position on tobacco and research study sponsors.

05:07 PM -- Dr. Thomas Groover, representing himself, testified in support of the bill. He discussed his experience with food allergies. He referenced the movie "Genetic Roulette" and a book by Steven Druker. Dr. Groover responded to a question about his educational background.

05:13 PM -- Debbie Brady, Denver Metro MoveOn and Food and Water Watch, testified in support of the bill.

05:16 PM -- Kathleen Markle, MoveOn Colorado, testified in support of the bill. She submitted a petition to the committee (Attachment O). Ms. Markle responded to questions about MoveOn Colorado.

130221 AttachO.pdf130221 AttachO.pdf

05:19 PM -- Eric Kornacki, Rocky Mountain Farmer's Union, testified in support of the bill. He discussed the free market and food security. Mr. Kornacki responded to questions about the ability to track non-genetically engineered foods, voluntary food labeling, the organization Revision International, and the ability of farmers to access non-genetically engineered seeds.


05:37 PM -- Kristine Lackey, representing herself, testified in support of the bill. She discussed her son's eczema and allergies.

05:42 PM -- Elizabeth Tucci, representing herself, testified in support of the bill. She discussed Kosher and vegan labeling.

05:45 PM

Representative Labuda stated that statements from Bonita Felden (Attachment K), Dr. Gerald Guillory (Attachments L and M), and Dr. Mary Zesiewicz (Attachment N) had been submitted to the committee.


05:46 PM -- Anne Mitchell, representing herself, testified in support of the bill. She discussed her experience working in both the health and education fields, the potential impact of genetically modified foods on children's health, and the need for studies on genetically engineered foods. Ms. Mitchell provided a handout to the committee (Attachment P).

130221 AttachP.pdf130221 AttachP.pdf

05:53 PM -- Leah Denison, representing herself, testified in support of the bill. She discussed her experience working as a waitress and the health symptoms she has dealt with in the last eight years. Ms. Denison responded to questions from Representative Conti about her health symptoms.

06:02 PM -- Tryna Cooper, representing herself, testified in support of the bill. She discussed a California ballot measure concerning genetically modified foods, national efforts to address genetically modified foods, and a potential Colorado ballot measure on genetically modified foods.

06:07 PM -- Larry Cooper, representing himself, testified in support of the bill. He discussed wanting to know what is in his food and a potential Colorado ballot measure on genetically modified foods. He responded to questions from Representative Primavera about a potential ballot measure on genetically modified food labeling.

06:14 PM -- Dr. Jeff Prystupa, Colorado Chiropractic Society, testified in support of the bill. He discussed how food labeling could help him care for his patients, new diseases that are occurring, and the occurrence of altering cellular development.

06:19 PM -- Amy Dickerson, representing herself, testified in support of the bill. She discussed the lack of information about genetically modified organisms, her health issues, and the need for consumers to make informed choices about their foods.

06:22 PM -- Jill Hale, Powerful Nutrition, testified in support of the bill. She discussed educating her clients about dietary choices and why she believes the labeling is necessary. Ms. Hale responded to questions from the committee about her education, the studies she reviewed concerning genetically engineered foods, and what entity should study genetically engineered foods.

06:27 PM -- Shirley Morgan, Nutrition and Nurture, LLC, testified in support of the bill. She discussed food sensitivities and health issues that may be caused by genetically engineered foods. Ms. Morgan responded to questions from the committee about whether other causes could be attributed to the health issues she discussed, the concept of the hygiene hypothesis, and gluten intolerance.

06:38 PM -- Marsha Miller, representing herself, testified in support of the bill. She discussed her experience growing up on a farm, the use of insecticides and pesticides, the book "Seeds of Deception," and the honeybee collapse disorder.

06:43 PM -- Dan Hobbs, Rocky Mountain Farmers Union, testified in support of the bill. He discussed the local food movement and food source identification. He discussed producer and consumer choice, food safety, and food system tracking. Mr. Hobbs responded to questions from the committee about non-genetically modified organism labeling options, costs related to food tracking, and the crime the bill creates.

06:49 PM -- Kristi Crum, representing herself, testified in support of the bill. She discussed the National Organic Program.




06:53 PM -- Rob Jones, representing himself, testified in support of the bill. He discussed the patenting of genetically engineered corn and the Seralini study.

07:00 PM -- Cheryl Gray, Seeds of Doubt Conference, testified in support of the bill. She submitted several documents to the committee (Attachments Q through T). She discussed the studies that have occurred on genetically modified organisms. Ms. Gray responded to questions from the committee about whether the free market could address the issue, government regulation of nutrition supplements, and how education can occur on health issues.

130221 AttachQ.pdf130221 AttachQ.pdf130221 AttachR.pdf130221 AttachR.pdf130221 AttachS.pdf130221 AttachS.pdf130221 AttachT.pdf130221 AttachT.pdf

07:12 PM -- Duane Clark, representing himself, testified in support of the bill. He discussed Monsanto and the Food and Drug Administration. Mr. Clark responded to a question from Representative Primavera about DDT. He discussed bromine.

07:19 PM -- Dan Felzien, representing himself, testified in support of the bill. He discussed the labeling requirements of the Occupational Safety and Health Administration.

07:24 PM

Representative Labuda explained amendment L.002 (Attachment U).

130221 AttachU.pdf130221 AttachU.pdf
BILL:HB13-1192
TIME: 07:26:27 PM
MOVED:McCann
MOTION:Adopt amendment L.002 (Attachment U). The motion passed without objection.
SECONDED:Primavera
VOTE
Conti
Fields
Excused
Ginal
Humphrey
Joshi
Primavera
Stephens
Swalm
Excused
Young
Schafer
McCann
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection



BILL:HB13-1192
TIME: 07:28:25 PM
MOVED:Conti
MOTION:Refer House Bill 13-1192, as amended, to the Committee on Agriculture. Failed for lack of a second.
SECONDED:
VOTE
Conti
Fields
Excused
Ginal
Humphrey
Joshi
Primavera
Stephens
Swalm
Excused
Young
Schafer
McCann
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION:



07:28 PM

The committee discussed the bill, including the need to address food labeling on a federal level, the need for additional research on genetically modified foods, and the potential costs of food labeling.
BILL:HB13-1192
TIME: 07:45:11 PM
MOVED:Primavera
MOTION:Refer House Bill 13-1192, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-7, with 2 members excused.
SECONDED:McCann
VOTE
Conti
No
Fields
Excused
Ginal
No
Humphrey
No
Joshi
No
Primavera
Yes
Stephens
No
Swalm
Excused
Young
No
Schafer
Yes
McCann
No
YES: 2 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL
BILL:HB13-1192
TIME: 07:46:36 PM
MOVED:McCann
MOTION:Postpone House Bill 13-1192 indefinitely. The motion passed on a vote of 9-0, with 2 members excused.
SECONDED:Stephens
VOTE
Conti
Yes
Fields
Excused
Ginal
Yes
Humphrey
Yes
Joshi
Yes
Primavera
Yes
Stephens
Yes
Swalm
Excused
Young
Yes
Schafer
Yes
McCann
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



07:47 PM

Representative McCann adjourned the committee.