Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:03/16/2015
ATTENDANCE
Time:01:27 PM to 06:36 PM
Foote
X
Humphrey
X
Place:LSB A
Lontine
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tate
X
Thurlow
X
This Report was prepared by
Tyler
X
Jessika Shipley
Willett
X
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-074
HB15-1210
SB15-093
SB15-064
HB15-1162		Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely


01:27 PM -- SB15-074

Representative Joshi, sponsor, presented Senate Bill 15-074. The reengrossed bill creates the Transparency in Health Care Price Act. The act requires certain health care professionals and health care facilities, as defined by the bill, to make a single document available to the public that lists the direct-pay prices for the 11 most common health care services provided . Health care professionals and facilities must update the document at least annually and provide the document on request and electronically if a website exists. Under the bill, health care professionals and facilities are not required to submit their direct pay prices to any government agency for review, unless otherwise specified by existing law. The bill does not provide any agency with the authority to approve, disapprove, limit, or change the direct pay prices disclosed by health care professionals or facilities. The bill also prohibits any health insurers or health systems from penalizing a person who pays directly for health care services.

Representative Joshi responded to questions from the committee about the mechanics of the bill.

01:33 PM -- Dr. Brent Keeler, representing the Colorado Medical Society, testified in opposition to the bill. Dr. Keeler commented that the bill creates confusion rather than transparency. He indicated that patients simply want to know how much they owe for their care, even if it is not one of the most common services. He responded to questions from the committee.










01:46 PM -- Frank Francone, representing the Centennial Institute, testified in support of the bill. Mr. Francone distributed a letter from a doctor in Arizona in support of the bill (Attachment A). He explained reasons why Dr. Keeler's testimony was inaccurate. He responded to questions from the committee.

15HouseState0316AttachA.pdf15HouseState0316AttachA.pdf

01:55 PM -- Dr. Murray Willis, representing the Colorado Society of Anesthesiologists, testified in opposition to the bill. Dr. Willis indicated that the bill is likely to confuse patients and insurance companies and that price estimates can be provided upon request. He responded to questions from the committee about billing codes.


02:08 PM

Representative Joshi wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB15-074
TIME: 02:15:37 PM
MOVED:Neville P.
MOTION:Refer Senate Bill 15-074 to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL













BILL:SB15-074
TIME: 02:16:04 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-074 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:16 PM -- HB15-1210

Representative Dore, prime sponsor, asked the committee to postpone indefinitely House Bill 15-1210. Under current law, before they can be submitted to the Environmental Protection Agency (EPA) or become effective, new and amended rules required by new or amended regulations proposed or adopted by the EPA require legislative approval. This bill applies to rules pursuant to the federal:

Bills to approve the submission of one or more rules are not counted against the five bill limit for members of the General Assembly.

The Air Quality Control Commission, the Water Quality Control Commission, and the Solid and Hazardous Waste Commission (commissions) in the Department of Public Health (DPHE) are required to submit an annual report to the Legislative Council summarizing all new and amended rules that are required by the EPA to maintain state primacy regarding the enforcement of state environmental law operating in lieu of federal environmental law. The bill repeals a reporting requirement that the Air Quality Control Commission provide an annual report to the Legislative Council that summarizes any additions or changes to the air quality State Implementation Plan (SIP) that are to be submitted to EPA for approval.








BILL:HB15-1210
TIME: 02:21:44 PM
MOVED:Neville P.
MOTION:Postpone House Bill 15-1210 indefinitely at the request of the sponsor. The motion passed on a vote of 11-0.
SECONDED:Tate
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:22 PM -- SB15-093

The committee took a brief recess.


02:27 PM

The committee returned to order. Representative J. Becker, sponsor, presented Senate Bill 15-093. This reengrossed bill requires local governments to compensate the owner of an interest in mineral rights (mineral owner) when a local ordinance, resolution, rule, regulation, or other official policy (local rule) reduces the fair market value (FMV) of the owner's mineral interest by at least 60 percent. The bill requires mineral owners and local governments to exchange written notifications as follows:

Within seven days of notifying the mineral owner of a pending local rule, a hearing is set to determine the preliminary value of the reduction in FMV. This hearing will be held before a panel of three impartial commissioners appointed by a judge, or, if requested by the mineral owner, it will involve adjudication before the district court or land owners as a jury. The preliminary value determined as a result of this hearing may be challenged by the mineral owner if he or she believes the value is too low. Local governments may also post an appeal bond and contest the preliminary value in limited circumstances.





If the mineral owner is owed compensation, the local government may implement its pending local rule by paying the mineral owner the preliminary value, plus the mineral owner's reasonable attorney fees and costs, within seven business days of the hearing. Failure of the local government to pay compensation by this deadline bars the local government from implementing the pending local rule.

Provisions in the bill clarify that partial ownership of a mineral interest, or shared interest in the royalties from a mineral interest, must be equitably apportioned between all affected parties. The bill does not affect any other legal recourse available to owners of private property taken for public use.

02:30 PM -- Michelle Smith, representing the National Association of Royalty Owners, testified in support of the bill. Ms. Smith discussed the importance of property rights in the United States. She expressed her opinion that the bill is for the greater good of all. She spoke about mineral rights owners who need the royalties.

02:34 PM -- Benjamin Donegan, representing himself, testified in opposition to the bill. Mr. Donegan explained his analysis of the bill from an economic perspective. He described a number of ecological effects that have been linked to drilling and hydraulic fracturing (fracking). He responded to questions from the committee.

02:47 PM -- Mark Linnebur, representing the Colorado Association of Wheat Growers, testified in support of the bill. Mr. Linnebur discussed the land and mineral rights he owns.

02:51 PM -- Jen Boulton, representing the Audubon Society and Colorado Trout Unlimited, testified in opposition to the bill. Ms. Boulton spoke about current law with regard to government takings. She discussed the government's interest in balancing the rights of various groups of citizens.

02:54 PM -- Carlyle Currier, representing the Colorado Farm Bureau and the Colorado Cattlemen's Association, testified in support of the bill. Mr. Currier spoke about the protection of property rights. He responded to questions from the committee.


03:00 PM

A lengthy discussion of property rights ensued.

03:05 PM -- Marilyn Hughes, representing herself, testified in opposition to the bill. Ms. Hughes distributed a written statement and read from her prepared remarks (Attachment B). She responded to questions from the committee.

15HouseState0316AttachB.pdf15HouseState0316AttachB.pdf

03:13 PM -- Stan Dempsey, representing the Colorado Petroleum Association, testified in support of the bill. Mr. Dempsey spoke about local fracking bans and their effects. He discussed oil and gas regulations. He responded to questions from the committee.











03:24 PM -- Dan Kramer, representing the City of Longmont and the Colorado Municipal League, testified in opposition to the bill. Mr. Kramer stated his opinion that the bill burdens local governments that are trying to protect citizens' health, safety, and welfare. He spoke about the potential costs of the bill for local governments. He responded to questions from the committee.

03:33 PM -- Dan O'Connell, representing the Colorado Association of Commerce and Industry, testified in support of the bill. Mr. O'Connell spoke about the importance of the oil and gas industry in Colorado. He discussed private property rights and the protection of those rights.

03:36 PM -- Steve Mast, representing himself, testified in support of the bill. Mr. Mast spoke about his mineral rights and fairness.

03:38 PM -- Becky Brooks, representing the Colorado Corn Growers' Association, testified in support of the bill.

03:39 PM -- Jim Cole, representing the Colorado Oil and Gas Association and Weld County, testified in support of the bill.


03:40 PM

Representative Becker wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB15-093
TIME: 03:50:24 PM
MOVED:Humphrey
MOTION:Refer Senate Bill 15-093 to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:Willett
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL







BILL:SB15-093
TIME: 03:50:34 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-093 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:51 PM -- SB15-064

Representative J. Becker, sponsor, presented Senate Bill 15-064. This bill prohibits the United States Forest Service (USFS) and the federal Bureau of Land Management (BLM) from placing conditions on special-use permits, or for rights-of-way on federal land, that:

Further, the bill prohibits the State Engineer and division engineers in the Department of Natural Resources from cooperating with the USFS or the BLM in administering or enforcing the conditions identified above on special-use permits, or for rights-of-way on federal land.

03:54 PM -- James Eklund, representing the Colorado Department of Natural Resources, testified in support of the bill. Mr. Eklund expressed his opinion that the bill represents a strong message in support of preservation. He responded to questions from the committee.

04:02 PM -- Bart Miller, representing Western Resource Advocates, testified in opposition to the bill. Mr. Miller stated his opinion that this is not the time or the place to address this matter. He responded to questions from the committee about possible unintended consequences of the bill.







04:07 PM -- Carlyle Currier, representing the Colorado Farm Bureau and the Colorado Cattlemen's Association, testified in support of the bill.

04:10 PM -- Jen Boulton, representing the Audubon Society and Colorado Trout Unlimited, testified in opposition to the bill. Ms. Boulton spoke about bypass flows and litigation on the subject. She expressed her opinion that the bill contravenes the decisions in those cases. She responded to questions from the committee.

04:14 PM -- Mary Marchun, representing Vail Resorts, testified in support of the bill. Ms. Marchun spoke about water rights and ski areas. She discussed public-private partnerships. She responded to questions from the committee.

04:18 PM -- Kristin Moseley, representing the Colorado Water Congress and the Eagle River Water and Sanitation District, testified in support of the bill. Ms. Moseley indicated that the bill will assist her clients in protecting their Colorado-based water rights. She discussed case law on the issue of water rights. She addressed questions asked of previous witnesses with regard to preemption and the timing of the bill.

04:23 PM -- Linn Brooks, representing the Eagle River Water and Sanitation District, testified in support of the bill. Ms. Brooks stated that the district has been monitoring these issues due to a potential commingling of the district's water rights with the federal law. She indicated that the state, not the federal government, is the entity to manage water rights. Ms. Mosely responded to questions from the committee.


04:30 PM

Ms. Moseley continued to respond to committee questions.

04:34 PM -- Brett Moore, representing the Colorado Association of Conservation Districts, testified in support of the bill. Mr. Moore explained the purpose of conservation districts.

04:36 PM -- Donna Brosemer, representing the City of Greeley, testified in support of the bill. Ms. Brosemer spoke about water rights and special-use permits issued by the city. She discussed difficulties that arise from the USFS trying to tie water to the land.























04:41 PM

Representative Becker wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB15-064
TIME: 04:42:07 PM
MOVED:Thurlow
MOTION:Refer Senate Bill 15-064 to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


























BILL:SB15-064
TIME: 04:42:52 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-064 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Ryden
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:44 PM -- HB15-1162

The committee took a brief recess.


04:51 PM

The committee returned to order. Representative Nordberg, prime sponsor, presented House Bill 15-1162. This bill makes performing an abortion and other related actions for purposes of sex selection a class 2 felony. The bill identifies "other actions" as coercion of a sex-selection abortion, solicitation or acceptance of funds for a sex-selection abortion, or transportation of a woman into Colorado to obtain a sex-selection abortion. The bill requires the court to sentence an offender to between the minimum and twice the maximum presumptive range for a class 2 felony. Exceptions are made for saving the life or preserving the health of the unborn child, spontaneous abortion, and removing an ectopic pregnancy.

Representative Nordberg responded to questions from the committee.















05:02 PM

Committee questioning of Representative Nordberg continued.

05:04 PM -- Rebecca Messall, representing herself, testified in support of the bill. Ms. Messall discussed the practice of aborting female children and coercion. She spoke about population-control policies in some countries. She indicated that sex-selection abortions disenfranchise women by reducing their numbers in the population. She responded to questions from the committee.

05:11 PM -- Kimberly Ford, representing the National Asian-Pacific-American Women's Forum, testified in opposition to the bill. Ms. Ford stated that the bill seeks to exploit gender issues through the reinforcement of false stereotypes about certain ethnic groups. She spoke about the doctor-patient relationship and expectations of privacy. She indicated that the bill will adversely affect low-income ethnic women. She expressed her opinion that the bill is a slippery slope. She responded to questions from the committee about the enforcement of the bill.

05:24 PM -- Randolph and Emma Licht, representing themselves, testified in support of the bill. Mr. Licht spoke about his daughter, who was adopted from an orphanage in China. Ms. Licht expressed her opinion about sex-selection abortions. Mr. Licht responded to questions from the committee.

05:30 PM -- Dr. Rebecca Cohen, representing NARAL Pro-Choice Colorado, testified in opposition to the bill. Dr. Cohen stated that the bill is an attack on the right to self select when and where to have children. She expressed concerns about the effect of the bill on the doctor-patient relationship and the likelihood that it will sow distrust in the course of that relationship. She responded to questions from the committee.

05:41 PM -- Dr. Thomas Perille, representing the Protect Life Coalition, testified in support of the bill, Dr. Perille distributed a written statement and read from his prepared remarks (Attachment C). He responded to questions from the committee.

15HouseState0316AttachC.pdf15HouseState0316AttachC.pdf

05:55 PM -- Leslie Chomic, representing the League of Women Voters of Colorado, testified in opposition to the bill. Ms. Chomic reiterated the testimony of prior witnesses with regard to reproductive privacy. She objected to the definition of abortion in the bill. She responded to questions from the committee.

06:00 PM -- Natalie Decker, representing Colorado Family Action, testified in support of the bill. Ms. Decker distributed a written statement and supporting documentation (Attachment D). She read from her prepared remarks and explained the other materials in the information packet. She responded to questions from the committee.

15HouseState0316AttachD.pdf15HouseState0316AttachD.pdf









06:14 PM -- Corrine Fowler, representing the Colorado Organization for Latina Opportunity and Reproductive Rights, testified in opposition to the bill. Ms. Fowler expressed her opinion that the bill targets women of color and immigrant women. She stated that the bill encourages racial profiling. She commented that the bill is a thinly veiled attempt to restrict access to abortion. She addressed comments by Representative Nordberg regarding countries that ban sex-selection abortions. She responded to questions from the committee.

06:22 PM -- Matthew Niedzielski, representing Pikes Peak Citizens for Life, testified in support of the bill. Mr. Niedzielski spoke about the definition of life and gender-based discrimination.


06:25 PM

Representative Nordberg wrapped up his presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.
BILL:HB15-1162
TIME: 06:35:38 PM
MOVED:Humphrey
MOTION:Refer House Bill 15-1162 to the Committee on Appropriations. The motion failed on a vote of 5-6.
SECONDED:Neville P.
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL















BILL:HB15-1162
TIME: 06:36:22 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1162 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


06:36 PM

The committee adjourned.