Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:04/27/2015
ATTENDANCE
Time:01:36 PM to 09:44 PM
Foote
X
Humphrey
X
Place:RM 271
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
*
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-225
HB15-1354
HB15-1264
SB15-177		Referred to the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely


01:36 PM -- SB15-225

Representatives Ryden and Saine, co-prime sponsors, presented Senate Bill 15-225. This bill, recommended by the Legislative Audit Committee, changes the way the board of directors for the Colorado State Historical Society is selected. Under current law, the board is elected by members of the Historical Society. Under this bill, the Governor appoints five members to the board with the consent of the Senate. Four additional members are then selected by the board, and submitted to the Governor for approval and appointment, again with the consent of the Senate. Members appointed to the board have the authority to act on behalf of the board prior to confirmation by the Senate. The bill also establishes the Director's Council of the State Historical Society to advise the board. Members of the council are elected by members of the Historical Society.

01:40 PM -- Ed Nichols and Ann Pritzlaff, representing History Colorado, testified in support of the bill. Mr. Nichols distributed and explained a fact sheet about the bill (Attachment A). Ms. Pritzlaff discussed the current History Colorado board, including its charge, makeup, and major accomplishments.

15HouseState0427AttachA.pdf15HouseState0427AttachA.pdf

01:45 PM -- Kachina Weaver, representing the Colorado Department of Higher Education, testified in support of the bill.









01:47 PM

Representatives Ryden and Saine wrapped up their presentation of the bill and asked for a favorable recommendation.
BILL:SB15-225
TIME: 01:48:53 PM
MOVED:Ryden
MOTION:Refer Senate Bill 15-225 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Primavera
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


01:50 PM -- HB15-1354

The committee took a brief recess.


01:53 PM

The committee returned to order. Representative Moreno, prime sponsor, presented House Bill 15-1354 and explained amendment L.001 (Attachment B). Public testimony was taken on the bill on Wednesday, April 22, 2015.

15HouseState0427AttachB.pdf15HouseState0427AttachB.pdf

01:55 PM

The committee recessed.








01:56 PM

The committee returned to order.
BILL:HB15-1354
TIME: 01:56:35 PM
MOVED:Foote
MOTION:Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Salazar
VOTE
Foote
Humphrey
Lontine
Neville P.
Primavera
Tate
Thurlow
Tyler
Willett
Salazar
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





























01:57 PM

Representative Moreno wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1354
TIME: 01:58:32 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1354, as amended, to the Committee on Finance. The motion failed on a vote of 2-9.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
No
Tate
No
Thurlow
No
Tyler
No
Willett
No
Salazar
No
Ryden
No
YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























BILL:HB15-1354
TIME: 02:00:18 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1354 indefinitely. 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


02:01 PM -- HB15-1264

Representatives Salazar and Melton, co-prime sponsors, presented House Bill 15-1264. Witness testimony for this bill began on Wednesday, April 15, 2015. The bill establishes a set of rights held by persons experiencing homelessness. A person experiencing homelessness is permitted to use public space in the same manner as any other person. Public spaces subject to the bill include any property partially or wholly owned by a state or local government and any other property with an easement for public use.

The rights of a person experiencing homelessness are enforceable against both public and private parties, and include the right to:

The bill creates a private right of action for civil relief if a person's rights under the bill are violated. A person experiencing homelessness may seek various remedies, including injunctive and declaratory relief, restitution for the loss of property, actual damages, and compensatory damages up to $1,000 per violation.

Providers of services to homeless persons are not obligated to provide shelter or other services that are unavailable.









02:08 PM

Representatives Salazar and Melton distributed amendment L.003 and a letter of support from Denver Homeless Out Loud (Attachments C and D).

15HouseState0427AttachC.pdf15HouseState0427AttachC.pdf 15HouseState0427AttachD.pdf15HouseState0427AttachD.pdf

02:09 PM -- Nathan Woodliff-Stanley, representing the ACLU of Colorado, testified in support of the bill. Mr. Woodliff-Stanley spoke about the criminalization of homelessness. He provided examples of homeless individuals who have been arrested for activities related to their homeless status. He responded to questions from the committee about the enforcement provisions of the bill.

02:19 PM -- Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. Ms. Dollar discussed the possible lawsuits that might be brought under the bill. She spoke about a long-term focus on solving homelessness and how the bill could negatively affect the search for a solution. She responded to questions from the committee.

02:23 PM -- Terese Howard, representing Denver Homeless Out Loud, testified in support of the bill. Ms. Howard spoke about the criminalization of homelessness and about the drafting of the bill. She provided anecdotal evidence about individuals experiencing homelessness. She discussed what the bill does and does not do.

02:28 PM -- Aaron Gagne, representing the City of Aurora, testified in opposition to the bill. Mr. Gagne stated that there is no one right way to address homelessness. He indicated that the bill limits the ability of municipalities to connect individuals experiencing homelessness with services and supports. He responded to questions from the committee about the ability of police departments to conduct street outreach.

02:37 PM -- Holley Haskins, representing herself, testified in support of the bill. Ms. Haskins read a story she wrote about her experience with homelessness.

02:40 PM -- Grant Nelson, representing the International Council of Shopping Centers, testified in opposition to the bill. Mr. Nelson specifically opposed the inclusion of shopping centers as public spaces under the bill.

02:42 PM -- Sister Anna Koop, representing the Sisters of Loretto, testified in support of the bill. Sister Koop discussed the history of homelessness in Denver and the economic system that perpetuates homelessness. She expressed her opinion that Denver's Road Home has been a failure. She responded to questions from the committee.

02:46 PM -- Jeff Reubel, representing the Colorado Defense Lawyers' Association, testified in opposition to the bill. Mr. Reubel specifically opposed the enforcement provisions of the bill and the potential of creating a protected class of homeless individuals. He responded to questions from the committee about the definition of a protected class.











02:51 PM -- Maria Caddell, representing Cities of Refuge of Denver, testified in support of the bill. Ms. Caddell challenged the committee to see people as individuals and to try to understand what it is like to experience homelessness.

02:55 PM -- Kathy Haddock, representing the City of Boulder, testified in opposition to the bill. Ms. Haddock spoke about the measures the City of Boulder has taken to address the issue of homelessness. She responded to questions from the committee about Boulder ordinances that are targeted to behaviors commonly associated with homelessness.

03:01 PM -- Amanda Henderson, representing the Interfaith Alliance of Colorado, testified in support of the bill. Ms. Henderson stated that helping end homelessness is a moral imperative. She discussed the support faith-based organizations provide to individuals experiencing homelessness. She indicated that religious communities are overtaxed.

03:05 PM -- Chris Howes, representing the Colorado Retail Council, testified in opposition to the bill. Mr. Howes specifically opposed the inclusion of shopping centers as public spaces under the bill.

03:09 PM -- Ken White, representing himself, testified in support of the bill. Mr. White spoke about his experience with homelessness. He responded to questions from the committee about his experience.

03:14 PM -- Dianna Orf, representing the Associated Governments of Northwest Colorado, testified in opposition to the bill. Ms. Orf stated that the bill puts law enforcement officers in an impossible situation. She objected to the fact that the bill does not provide any services or supports. She responded to questions from the committee.

03:17 PM -- Rob Smoke, representing Boulder Rights Watch, testified in support of the bill. Mr. Smoke spoke about his experience with homelessness. He expressed frustration about urban camping bans.

03:23 PM -- Frank Sturgell, representing himself, testified in support of the bill. Mr. Sturgell discussed his experience with homelessness.

03:26 PM -- Kenneth Wheeler, representing himself, testified in support of the bill. Mr. Wheeler discussed human rights, the Nazi Party, the Statue of Liberty, and the democratic process.

03:31 PM -- Andrew Gambardella, representing himself, testified in support of the bill. Mr. Gambardella discussed the economics of homelessness.

03:34 PM -- Derrick Blanton, representing himself, testified in support of the bill. Mr. Blanton provided statistics about homelessness in Denver and discussed the costs of ending homelessness.














BILL:HB15-1264
TIME: 03:50:00 PM
MOVED:Salazar
MOTION:Adopt amendment L.003 (Attachment C). The motion passed on a vote of 9-2.
SECONDED:Tyler
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB15-1264
TIME: 03:53:37 PM
MOVED:Thurlow
MOTION:Adopt amendment L.004 (Attachment E). The motion passed on a vote of 9-2.
15HouseState0427AttachE.pdf15HouseState0427AttachE.pdf
SECONDED:Lontine
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
No
Ryden
No
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



BILL:HB15-1264
TIME: 03:56:17 PM
MOVED:Salazar
MOTION:Amend the printed bill, page 5, line 27, strike "on" and substitute "in". The motion passed without objection.
SECONDED:Ryden
VOTE
Foote
Humphrey
Lontine
Neville P.
Primavera
Tate
Thurlow
Tyler
Willett
Salazar
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

































03:57 PM

Representatives Salazar and Melton wrapped up their presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1264
TIME: 04:13:27 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1264, as amended, to the Committee of the Whole. The motion failed on a vote of 3-8.
SECONDED:Tyler
VOTE
Foote
No
Humphrey
No
Lontine
No
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
No
YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























BILL:HB15-1264
TIME: 04:15:28 PM
MOVED:Ryden
MOTION:Postpone House Bill 15-1264 indefinitely. The motion passed on a vote of 8-3.
SECONDED:Tate
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:16 PM -- SB15-177

The committee took a brief recess.


04:33 PM

The committee returned to order. Representative DelGrosso, co-prime sponsor, presented Senate Bill 15-177. The reengrossed bill requires that a homeowners' association (HOA) use mediation or arbitration before a lawsuit can be filed in disputes involving construction defects against a development party. If an HOA had governing documents that required mediation or arbitration at the time of construction, the HOA must adhere to that original policy in construction defect cases.

The parties involved in a dispute must mutually agree upon a mediation or arbitration service provider, with preference given to a provider specified in the HOA governing documents. The mediation or arbitration must take place at a mutually agreeable location in the judicial district in which the HOA is located. The mediator or arbitrator must:








If no mediation or arbitration service provider is outlined in the HOA governing documents, and the parties are unable to agree upon a provider, the parties may petition the district court in the HOA's jurisdiction to appoint the provider. In the arbitration of a construction defect action, the arbitrator is required to follow the substantive state law with regard to any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award.

In addition to submitting to mediation or arbitration before filing a construction defect lawsuit, the HOA's executive board must send advance notice to all unit owners that includes a general description of the claim, the relief sought, and a good-faith estimate of the benefits and risks involved in a format outlined in the bill. The HOA's executive board must obtain signed, written consent from a majority of the unit owners acknowledging that the owner has received the notice required under the bill and approves of the board's proposed action.

Prior to the purchase and sale of property in an HOA, the bill requires that, effective January 1, 2016, a disclosure notice inform the purchaser that he or she is required to become a member of the HOA, and be subject to its rules and bylaws.

The bill also adds notice requirements for lawsuits initiated by HOAs in matters other than construction defect claims. Specifically, the HOA must provide notice to unit owners at least 30 days prior to commencement of the legal action.


04:40 PM

Representative DelGrosso distributed a petition in favor of the bill (Attachment F). He responded to questions from the committee.

15HouseState0427AttachF.pdf15HouseState0427AttachF.pdf

04:52 PM -- Amy Hansen, representing the Homeownership Opportunity Alliance, testified in support of the bill. Ms. Hansen stated that the bill will not prevent homeowners from filing lawsuits related to construction defects. She explained the arbitration process. She provided copies of Section 38-33.3-124, Colorado Revised Statutes (Attachment G). She responded to questions from the committee.

15HouseState0427AttachG.pdf15HouseState0427AttachG.pdf

05:02 PM

The committee continued to discuss the bill with Ms. Hansen.

05:09 PM -- Molly Foley-Healy, representing the Community Associations Institute, testified in opposition to the bill. Ms. Foley-Healy expressed her opinion that the bill will increase costs for HOAs, is unfair, and presents a major burden to HOAs. She responded to questions from the committee.










05:19 PM

The committee continued to discuss the bill with Ms. Foley-Healy.

05:25 PM -- Mayor Phil Cernanec, representing the City of Littleton, and Mayor Bob Murphy, representing the City of Lakewood, testified in support of the bill. Mayor Murphy discussed suburban redevelopment and owner-occupied attached housing in Lakewood. Mayor Cernanec spoke about the problem of a lack of affordable owner-occupied attached housing in Littleton. The mayors responded to questions from the committee about affordable housing in Colorado.


05:36 PM

The committee continued discussing the bill with Mayor Cernanec and Mayor Murphy.

05:40 PM -- Mary Lavia, representing herself, testified in opposition to the bill. Ms. Lavia discussed her experience as an HOA manager and with construction defect litigation.

05:45 PM -- Tamra Ward, representing Colorado Concern; Kevin Hougen, representing the Aurora Chamber of Commerce; Tom Clarke, representing the Metro Denver Economic Development Corporation; and Mizraim Cordero, representing Colorado Competitive Council, testified in support of the bill. Ms. Ward listed a number of business-related organizations that support the bill. Mr. Hougen spoke about the Aurora Chamber of Commerce and business development in Aurora. Mr. Cordero expressed concerns about the lack of condominium development in Colorado. Mr. Clarke discussed affordable housing legislation.

05:56 PM -- Pat Pacey, representing herself, testified in opposition to the bill. Ms. Pacey discussed her economic analysis of the housing market in Colorado. She expressed her opinion that the demand for housing has been low in recent years due to a low earning potential for younger potential home buyers. She indicated that there is no evidence that this bill will help fill gaps in the housing market. She responded to questions from the committee.


06:06 PM

The committee continued discussing the bill with Ms. Pacey.

06:15 PM -- Sara Reynolds, representing Housing Colorado; Stefka Fanchi, representing Habitat for Humanity of Colorado; Christi Craine, representing the Urban Land Conservancy; and Kathie Barstnar, representing NAIOP Colorado, testified in support of the bill. Ms. Reynolds discussed the demand for single-family homes, condominiums, and townhomes as affordable housing options, and the rental housing market in general. Ms. Fanchi spoke about the affordability of home ownership in Colorado. Ms. Craine distributed and discussed a handout that addressed some of the challenges of building affordable condominiums in Colorado (Attachment H). Ms. Barstnar read a letter from a member of her organization who has experience with construction defect litigation.

15HouseState0427AttachH.pdf15HouseState0427AttachH.pdf









06:29 PM

The committee discussed the bill with the preceding four witnesses.

06:35 PM -- Melissa Sullivan, representing 9 to 5, testified in opposition to the bill. Ms. Sullivan spoke about equal access to judicial remedies. She responded to questions from the committee about her experience with home ownership.

06:38 PM -- Chris Waggett, representing The Transit Alliance, testified in support of the bill.

06:43 PM -- Gene Lucero, representing the Colorado Association of Realtors, spoke in support of the bill. Mr. Lucero spoke about measures of home buyer demand and commented that sale price increases for condominiums are outpacing price growth for single family homes.

06:45 PM -- Troy Gladwell, representing Beecher Communities, spoke in support of the bill. Mr. Gladwell talked about affordable rental housing and how a lack of condominium development squeezes the rental market. He talked about developers' fears of lawsuits.


06:47 PM

The preceding three witnesses responded to questions from the committee.

07:00 PM -- A.J. Rose, representing himself, testified in opposition to the bill. Mr. Rose discussed his experience with construction defect litigation. He spoke about affordable housing.

07:07 PM -- Jesse Witt, representing the Community Associations Institute, testified in opposition to the bill. Mr. Witt expressed his opinion that the bill provides legal immunity to developers of affordable housing communities.

07:11 PM -- Edward Fronapfel, representing Solutions Before Solutions After, testified in opposition to the bill. Mr. Fronapfel expressed concerns about the ambiguity of the bill. He responded to questions from the committee.


07:19 PM

The preceding three witnesses responded to questions from the committee.

07:31 PM -- Michael Gifford, representing Associated General Contractors, testified in support of the bill. Mr. Gifford commented about the quality of contractors in Colorado.

07:34 PM -- Ralph Lufen, representing National Affiliated Contractors, testified in support of the bill. Mr. Lufen spoke about apprenticeship training programs for construction contractors. He expressed his opinion that the current legal climate stifles growth and development.

07:36 PM -- Tony Milo, representing the Colorado Contractors' Association, testified in support of the bill.







07:37 PM

The preceding three witnesses responded to questions from the committee.

07:40 PM -- Marcella Caywood, representing herself, testified in opposition to the bill. Ms. Caywood spoke about construction defect litigation her HOA board initiated against a builder.

07:45 PM -- Neval Gupta, representing himself, testified in opposition to the bill. Mr. Gupta discussed a construction defect arbitration process in which he was recently involved. He expressed his opinion that the bill would insulate builders in Colorado from taking responsibility for their work.

07:50 PM -- Paula Norlin, representing herself, testified in opposition to the bill. Ms. Norlin spoke about construction defect litigation her HOA board initiated against a builder.

07:53 PM -- Terry Jones, representing the Colorado Mortgage Lenders' Association, testified in support of the bill. Mr. Jones expressed his opinion that current Colorado law negatively impacts new condominium development.

07:57 PM -- Bill Short, representing Hindman Sanchez, testified in opposition to the bill. Mr. Short distributed and read a written statement (Attachment I). He responded to questions from the committee.

15HouseState0427AttachI.pdf15HouseState0427AttachI.pdf

08:09 PM -- Frank Sturgell, representing himself, testified about the bill. Mr. Sturgell discussed incompetence in the construction industry.

08:11 PM -- Shelby Scott, representing herself, testified in support of the bill. Ms. Scott spoke about her experience as a first-time homeowner. She expressed her opinion that her peers want to own their own homes. She responded to questions from the committee.

08:20 PM -- Walt Ackerman, representing himself, testified in opposition to the bill. Mr. Ackerman discussed his HOA's experience with construction defect litigation.

08:23 PM -- Adam Maldonado, representing Reconstruction Experts, testified in opposition to the bill. Mr. Maldonado discussed his experience with mitigating the damage of construction defects.

08:27 PM -- Chad Otto, representing himself, testified in opposition to the bill. Mr. Otto expressed his opinion that the bill does not only apply to new construction and condominiums.

08:32 PM -- Dave Ford, representing the Community Associations Institute, testified in opposition to the bill. Mr. Ford addressed the notice of claims process provision in the bill.











08:34 PM -- Melissa Cobb, representing herself, testified in opposition to the bill. Ms. Cobb discussed construction problems in her condominium building and the difficulty she has had in getting the developer to correct those problems. She responded to questions from the committee.

08:41 PM -- Brandon Helm, representing the Community Associations Institute, testified in opposition to the bill. Mr. Helm spoke about the notice, consent, and proxy requirements in the bill

08:44 PM -- Brian Matise, representing himself, testified in opposition to the bill. Mr. Matise distributed and read a written statement(Attachment J).

15HouseState0427AttachJ.pdf15HouseState0427AttachJ.pdf

08:48 PM -- James Sim, representing himself, testified in opposition to the bill. Mr. Sim reiterated the testimony of prior witnesses.


08:52 PM

The preceding three witnesses responded to questions from the committee.

08:59 PM -- Suzanne Leff, representing the Community Associations Institute, testified in opposition to the bill. Ms. Leff reiterated the testimony of prior witnesses regarding notice and consent requirements. She expressed her opinion that the bill is overly broad and is not fair and balanced.

09:04 PM -- David McLain, representing himself, testified in support of the bill. Mr. McLain addressed a number of arguments posed by the opposition witnesses. He responded to questions from the committee.


09:15 PM

Representatives DelGrosso and Singer wrapped up their presentation of the bill and asked for a favorable recommendation.



















BILL:SB15-177
TIME: 09:43:53 PM
MOVED:Neville P.
MOTION:Refer Senate Bill 15-177 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:SB15-177
TIME: 09:44:03 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-177 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


09:44 PM

The committee adjourned.