Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date:03/26/2015
ATTENDANCE
Time:01:33 PM to 06:45 PM
Brown
X
Esgar
X
Place:HCR 0107
Humphrey
X
Klingenschmitt
X
This Meeting was called to order by
Landgraf
X
Representative McCann
Lontine
X
Mitsch Bush
X
This Report was prepared by
Primavera
X
Amanda King
Ransom
X
Ryden
X
Saine
X
Ginal
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1265
HB15-1269
HB15-1283		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations

01:34 PM -- HB 15-1265

Representative Moreno presented House Bill 15-1265. The bill creates the 2015 Birth Certificate Modernization Act. The act requires that the state registrar within the Department of Public Health and Environment issue new birth certificates to any person born in Colorado who has a gender different from the gender denoted on that person's birth certificate. To do so, the state registrar must receive:

• a written request, signed under penalty of law, from the person or the person's parents, guardian, or legal representative, if he or she is a minor, and
• a statement, signed under penalty of law, from a licensed health care provider stating that the person has undergone surgical, hormonal, or other treatment appropriate for that person for the purpose of gender transition, based on contemporary medical standards or that the person has an intersex condition, and specifies that in the provider's professional opinion the person's gender designation should be changed.

If a new birth certificate is issued, the certificate must reflect any legal name change that had been made before, simultaneous to, or after the change in gender designation. The state registrar may not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business. Any new birth certificate issued by the state registrar will supercede the original birth certificate and will not be marked as amended. The bill requires the state registrar to seal the original birth certificate and all records related to the issuance of the new birth certificate. Records may only be opened through an order of the courts of competent jurisdiction or the written request of the person. Persons who currently reside in Colorado but who were born in another state or in a foreign jurisdiction may request a decree from a court in Colorado if such a decree is required to issue an amended birth certificate in the place of their birth.




01:37 PM

Representative Moreno responded to questions about the bill.

01:46 PM -- Dr. Anna Wegleitner, representing herself, testified in support of the bill. She discussed her experience caring for transgender patients. She outlined the reasons why a transgender person may not have surgery as part of his or her transition. Dr. Wegleitner answered questions about her patients, medical diagnoses related to gender identity, and the bill.

01:58 PM -- Sara Connell, representing herself, testified in support of the bill. She shared her personal experience as a transgender person. Ms. Connell answered questions about the current processes for changing one's gender on a driver's license or passport. She answered questions about birth certificates. Ms. Connell and Representative Moreno continued to respond to questions from the committee.

02:11 PM -- Dr. Sarah Burgamy, representing herself, testified in support of the bill. She discussed her experience providing care to transgender patients. She discussed gender identity. Dr. Burgamy answered questions about the term "gender variance" and how the bill could eliminate barriers for transgender persons. Dr. Burgamy responded to questions about bullying of transgender youth, gender identity, and the bill. In response to a question, Dr. Burgamy discussed intersex conditions.

02:27 PM

In response to a question, Representative Moreno discussed amendment L.007 (Attachment A). Dr. Burgamy continued to respond to questions from the committee members.

150326 AttachA.pdf150326 AttachA.pdf

02:30 PM -- Todd Garrity, representing himself, testified in support of the bill. He shared his personal experience being a transgender person. Mr. Garrity answered questions about the current processes for changing gender information on birth certificates and other documents. He answered questions about hormonal treatments for transgender individuals.

02:39 PM -- Ron Hyman, Colorado Department of Public Health and Environment, testified in support of the bill. He explained how birth certificates are used to obtain other identity documents. He referenced California's law that is similar to House Bill 15-1265. Mr. Hyman answered questions about which other states have similar laws and the gender identification on death certificates.

02:47 PM -- Shari Zabel, representing herself, testified in support of the bill. She shared her personal experience being a transgender person. Ms. Zabel answered questions about the bill and gender identity.

03:00 PM -- Benjamin Taylor, representing himself, testified in support of the bill. He shared his personal experience being the father of a transgender child. In response to a question, Mr. Taylor discussed puberty blocking medication and the ability of his daughter to get a passport that reflects her gender. He continued to answer questions from the committee members.

03:10 PM -- Dr. Michael Caruso, representing himself, testified in support of the bill. He discussed his experience caring for transgender patients and Colorado's current process for changing one's gender identity on a birth certificate. Dr. Caruso and Representative Moreno answered questions about suicide rates among transgender individuals.




03:19 PM -- Dave Montez, One Colorado, testified in support of the bill. He relayed statistics about transgender individuals. He discussed Colorado's current process for changing one's gender on a birth certificate. Mr. Montez answered questions about the bill.

03:23 PM -- Sarah Spears, American Civil Liberties Union of Colorado, testified in support of the bill. She discussed issues that incongruent identity documents can cause for transgender individuals.

03:27 PM -- Amber Garcia, Colorado Organization for Latina Opportunity and Reproductive Rights, testified on the bill. She discussed the discrimination that transgender individuals can experience and how the bill could benefit transgender individuals. Representative Moreno answered questions about the bill.

03:32 PM -- Michael Norton, representing Colorado Family Action and Alliance Defending Freedom, testified in opposition to the bill. He provided a written statement (Attachment B) to the committee. Mr. Norton answered questions about his testimony and possible issues with fraud concerning changing information on a birth certificate. Committee discussion with Mr. Norton ensued.

150326 AttachB.pdf150326 AttachB.pdf

03:47 PM -- Courtney Gray, The Center, testified on the bill. She discussed issues that transgender individuals face. Ms. Gray responded to questions about her personal experience as a transgender person.

03:53 PM -- Katelyn Monk-McKenzie, representing herself, testified on the bill. She shared her experience as a mother of a transgender child.

03:55 PM -- Eric Kluzek, representing himself, testified on the bill. He shared his experience being a father of a transgender child. Mr. Kluzek answered questions about the bill and the information on a birth certificate.


04:03 PM

Representative Moreno explained amendment L.011 (Attachment C), and stated that it replaces amendment L.007.

150326 AttachC.pdf150326 AttachC.pdf

04:05 PM

Representative Landgraf discussed amendment L.010 (Attachment D). Representative Moreno commented on amendment L.010.

150326 AttachD.pdf150326 AttachD.pdf


04:06 PM

Representative Klingenschmitt discussed amendment L.005 (Attachment E). Representative Moreno commented on amendment L.005. The committee discussed amendment L.005.

150326 AttachE.pdf150326 AttachE.pdf

04:14 PM

Representative Moreno commented on the bill.

04:16 PM -- Debbie Haskins, Office of Legislative Legal Services, answered questions about amendment L.005. Representative Moreno commented on amendment L.005. The committee continued to dialogue about amendment L.005.
BILL:HB15-1265
TIME: 04:24:36 PM
MOVED:Klingenschmitt
MOTION:Adopt amendment L.005 (Attachment E). This motion was withdrawn.
SECONDED:
VOTE
Brown
Esgar
Humphrey
Klingenschmitt
Landgraf
Lontine
Mitsch Bush
Primavera
Ransom
Ryden
Saine
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:HB15-1265
TIME: 04:25:06 PM
MOVED:Landgraf
MOTION:Adopt amendment L.010 (Attachment D). The motion passed on a vote of 9-4.
SECONDED:McCann
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Saine
Yes
Ginal
Yes
McCann
Yes
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1265
TIME: 04:26:12 PM
MOVED:Landgraf
MOTION:Adopt amendment L.011 (Attachment C). The motion passed on a vote of 8-5.
SECONDED:McCann
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Saine
No
Ginal
Yes
McCann
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:27 PM

Committee members commented on the bill.
BILL:HB15-1265
TIME: 04:40:31 PM
MOVED:McCann
MOTION:Refer House Bill 15-1265, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED:Esgar
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Saine
No
Ginal
Yes
McCann
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:41 PM

The committee recessed.

04:50 PM -- HB 15-1269

The committee came back to order. Representative McCann asked Representative Landgraf to chair the meeting for House Bill 15-1269. Representative Ginal and Representative McCann presented House Bill 15-1269. This bill clarifies procedures concerning the transfer of inmates between the Department of Corrections (DOC) and the Department of Human Services (DHS). Specifically it clarifies that inmates may only be transferred from the DOC to DHS when such a transfer is done in accordance with a policy that provides for due process and in situations where the inmate cannot be safely confined in a DOC facility. This policy is required to be in place by August 1, 2015.

The bill repeals the authority of the DHS to transfer non-offenders to the DOC. The DHS may only transfer a person receiving care at the Colorado Mental Health Institute at Pueblo or Fort Logan to a DOC facility when that person is serving a sentence to the DOC concurrently with a commitment to the DHS. The DHS is also authorized to return a person to the DOC if the inmate cannot be safely confined in the DHS facility.


04:54 PM

Representative McCann answered questions about amendment L.001 (Attachment F) and the bill related to due process.

150326 AttachF.pdf150326 AttachF.pdf

04:57 PM -- Reggie Bicha, Executive Director of the DHS, testified in support of the bill, and provided information about the current statute that allows the DHS to transfer non-offenders to the DOC. Director Bicha discussed the establishment of a special unit at the Mental Health Institute at Pueblo to house patients who had been previous housed by the DOC. He commented on due process. Director Bicha answered questions from the committee about the current statutes concerning the transfer of patients between the DHS and the DOC, the bill, and the special unit referenced during his testimony. The committee members dialogued with Director Bicha about the possible need to expand the special unit in the future, the bill, and the DHS patients who were transferred to the DOC.

05:19 PM -- Renae Jordan, DOC, testified in support of the bill. She discussed differences between housing a patient in the DOC versus the DHS. She referenced the DOC policy concerning due process.

05:23 PM

Representative McCann further discussed amendment L.001.
BILL:HB15-1269
TIME: 05:23:26 PM
MOVED:McCann
MOTION:Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:Ginal
VOTE
Brown
Esgar
Humphrey
Klingenschmitt
Landgraf
Lontine
Mitsch Bush
Primavera
Ransom
Ryden
Saine
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



05:24 PM

Committee members commented on the bill.
BILL:HB15-1269
TIME: 05:26:00 PM
MOVED:McCann
MOTION:Refer House Bill 15-1269, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Ginal
VOTE
Brown
Yes
Esgar
Yes
Humphrey
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
Yes
Ryden
Yes
Saine
Yes
Ginal
Yes
McCann
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:32 PM -- HB 15-1283

Representative Lebsock presented House Bill 15-1283 and discussed amendment L.001 (Attachment G). This bill requires the Department of Public Health and Environment (DPHE) to develop and maintain, or contract with an organization that represents marijuana testing laboratories, for a marijuana testing reference library (reference library) to be funded from the Marijuana Tax Cash Fund. The reference library will be responsible for proficiency testing and remediating problems with medical and retail marijuana laboratories. The reference library must contain a library of methodologies for marijuana testing in the areas of potency, homogeneity, contaminants, and solvents. The DPHE will complete a stakeholder process by September 1, 2015; the reference library and methodologies will be in place by December 31, 2015.

150326 AttachG.pdf150326 AttachG.pdf

The bill creates a medical marijuana testing facility license to be issued by the Marijuana Enforcement Division (MED) in the Department of Revenue. A medical marijuana testing facility may test marijuana or marijuana-infused products for any medical marijuana licensee or medical marijuana patient registered with DPHE, but is prohibited from performing process validation for registered medical marijuana patients. The MED will promulgate rules related to acceptable testing and research practices.


The bill establishes provisions to prevent conflicts of interest between licensed medical marijuana testing facilities and other medical marijuana licensees. However, a retail marijuana testing facility licensee may also hold a license for a medical marijuana testing facility.

The bill allows a retail marijuana testing facility to perform Delta-9 Tetrahydrocannabinol concentration-level testing for industrial hemp. The bill exempts from continued homogeneity testing individual marijuana pieces of ten milligrams or less that have gone through process validation and permits process validation for 100 milligram servings.

05:36 PM

Representative Lebsock answered questions about the bill and amendment L.001.

05:42 PM -- Michael Dohr, Office of Legislative Legal Services, answered questions about the bill and the state health agency. Representative Lebsock answered questions about the reference library established by the bill. Mr. Dohr answered questions about the Marijuana Tax Cash Fund. The committee dialogued with Representative Lebsock and Mr. Dohr about the bill.

05:54 PM -- Tyler Henson, Colorado Cannabis Chamber of Commerce, testified in support of the bill, if amended.

05:55 PM -- Kara Miller, Marijuana Industry Group, testified on the bill and said she is supportive of amendment L.001.

05:57 PM -- Ian Barringer, Rm3 Labs, testified in support of the bill. He discussed the reasons why a reference library is needed. He discussed cannabinoid analysis and the potency variance allowed for under the bill. Mr. Barringer answered questions from the committee about marijuana testing laboratories, the reference library established by the bill, the bill, and amendment L.001.

06:12 PM -- Jeannine Machon, CMT Laboratories, testified in support of the bill, if amended. She discussed testing regimes for laboratories and the implementation timeline for the bill. She discussed whether the bill would apply to both retail and medical marijuana. She answered questions about marijuana testing laboratories and process validation for edible marijuana products. The committee members dialogued with Ms. Machon and Representative Lebsock about the bill and amendment L.001.

06:34 PM

Representative Lebsock further discussed amendment L.001.


06:37 PM

Representative Klingenschmitt discussed amendment L.003 (Attachment H). Representative Lebsock commented on the amendment L.003. Representative Klingenschmitt discussed marijuana-infused products. Representative Lebsock responded to a question about amendment L.003.

150326 AttachH.pdf150326 AttachH.pdf
BILL:HB15-1283
TIME: 06:42:25 PM
MOVED:Klingenschmitt
MOTION:Adopt amendment L.003 (Attachment H). The motion failed on a vote of 2-11.
SECONDED:Brown
VOTE
Brown
Yes
Esgar
No
Humphrey
No
Klingenschmitt
Yes
Landgraf
No
Lontine
No
Mitsch Bush
No
Primavera
No
Ransom
No
Ryden
No
Saine
No
Ginal
No
McCann
No
YES: 2 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:HB15-1283
TIME: 06:43:18 PM
MOVED:McCann
MOTION:Adopt amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:Ginal
VOTE
Brown
Esgar
Humphrey
Klingenschmitt
Landgraf
Lontine
Mitsch Bush
Primavera
Ransom
Ryden
Saine
Ginal
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:43 PM

Representative Lebsock made concluding comments about the bill.
BILL:HB15-1283
TIME: 06:44:09 PM
MOVED:McCann
MOTION:Refer House Bill 15-1283, as amended, to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED:Saine
VOTE
Brown
Yes
Esgar
Yes
Humphrey
Yes
Klingenschmitt
No
Landgraf
Yes
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
Yes
Ryden
Yes
Saine
Yes
Ginal
Yes
McCann
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:45 PM

The committee adjourned.