Senate Committee on State, Veterans, & Military Affairs (05/04/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	05/04/2015	ATTENDANCE

Time:	01:46 PM to 05:07 PM	Hill	X
		Jones	X
Place:	SCR 353	Ulibarri	X
		Sonnenberg	X
This Meeting was called to order by		Scott	X
	Senator Scott

This Report was prepared by
	Julia Jackson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1027 HB15-1356 HB15-1336 HB15-1384 HB15-1003 HB15-1376 HB15-1319 HB15-1381 HB15-1328 HB15-1098 HB15-1057 HB15-1383		Postponed Indefinitely Postponed Indefinitely Referred to Appropriations Postponed Indefinitely Postponed Indefinitely Postponed Indefinitely Postponed Indefinitely Postponed Indefinitely Postponed Indefinitely Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Postponed Indefinitely

01:46 PM -- HB15-1027

Senator Guzman wrapped up her presentation of House Bill 15-1027. The bill was heard on May 1, 2015.


BILL:	HB15-1027
TIME:	01:48:22 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1027 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1027
TIME:	01:48:40 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1027 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:49 PM -- HB15-1356

Senator Guzman wrapped up her presentation of House Bill l5-1356. The bill was heard on May 1, 2015.

Committee members commented on the bill.


BILL:	HB15-1356
TIME:	01:52:15 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1356 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1356
TIME:	01:52:28 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1356 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:54 PM -- HB15-1336

Senator Crowder, sponsor, presented House Bill 15-1336. This bill creates a grant program to be developed by the Colorado Department of Labor and Employment (CDLE). Grants will be awarded to one or more workforce centers to fund the development and expansion of programs to provide specific workforce development-related services to veterans and their spouses. County workforce centers selected by the CDLE are required to report to the CDLE director who will relay the information from the reports to the General Assembly's applicable committees of reference annually.

Senator Crowder explained that the bill would benefit the state's veterans.

The committee recessed.

01:55 PM

The committee reconvened.


BILL:	HB15-1336
TIME:	01:56:20 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1336 to the Committee on Appropriations. The motion passed on a vote of 4-0, with 1 member excused.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	Excused
	Scott	Yes


Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:58 PM -- HB15-1384

Senator Ulibarri, sponsor, presented House Bill 15-1384 to the committee. The reengrossed bill requires the State Treasurer to transmit one-third of the available balance in the Unclaimed Property Trust Fund to a newly created Affordable Housing Assistance Fund in the Colorado Housing and Finance Authority (CHFA) every July 1 for five years from FY 2015-16 through FY 2019-20. "Available balance" is defined as all moneys in the Unclaimed Property Trust Fund, minus the program's operating expenses, the statutory transfer to the Adult Dental Fund in the Department of Health Care Policy and Financing (HCPF), and the statutory reserve requirement for the fund. The CHFA is granted the authority to accept these moneys from the State Treasurer, deposit these moneys into the Affordable Housing Assistance Fund, and to enter into an agreement with the Division of Housing (DOH) within the Department of Local Affairs (DOLA) no later than January 1, 2016. The DOH is required to administer all new or existing programs supported by the Affordable Housing Assistance Fund. In administering programs, the DOH, with the approval of the State Housing Board, must allocate moneys to programs it determines in its sole administrative discretion will best satisfy the specified use under the bill. The transmitted moneys are to be used to support new or existing programs that provide rental assistance to low- or extremely-low income households statewide, and to promote the construction, acquisition, or rehabilitation of either rental housing for persons in low- or extremely-low income households or owner-occupied housing for persons in low- or moderate-income households statewide. No more than 25 percent of moneys may be allocated to provide rental assistance for persons in low- or extremely low-income households, and no more than 25 percent of moneys may be allocated to promote the availability of affordable rental and owner-occupied housing for low- to moderate-income households.

Senator Ulibarri discussed high rental costs in Colorado. Committee members commented on the bill.


BILL:	HB15-1384
TIME:	02:03:03 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1384 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1384
TIME:	02:03:16 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1384 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:03 PM -- HB15-1003

Senator Todd, sponsor, presented House Bill 15-1003 to the committee. This bill, as amended by the House Transportation Committee, requires the Colorado Department of Transportation (CDOT) to continue its administration of the Safe Routes to School program (SRTS), which awards grants to state subdivisions for projects that improve the safety of pedestrians and bicyclists in school areas. The CDOT is appropriated $750,000 General Fund in FY 2015-16, for SRTS noninfrastructure project grants. Should federal funding become available for SRTS in FY 2015-16, General Fund moneys will be reduced by the amount of federal funding received. The SRTS program is repealed July 1, 2018.

Senator Todd discussed the Safe Routes to School program, and the benefits of walking and biking to school.

02:07 PM -- Ashley Frederick, representing the Colorado Public Health Association, testified in support of the bill. She discussed childhood obesity rates in Colorado. She noted the need for the grant money provided under the bill.

02:11 PM

Senator Todd described the projects funded by the Safe Routes to School program to date, and she wrapped up her presentation of the bill. Committee members commented on the bill.


BILL:	HB15-1003
TIME:	02:17:18 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1003 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1003
TIME:	02:17:37 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1003 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:18 PM -- HB15-1376

Senator Todd, sponsor, presented House Bill 15-1376 to the committee. The bill implements certain recommendations from the "2013 Study of Comparable HOA Information and Resource Centers" conducted pursuant to House Bill 13-1134, which examined the functions, duties, structure, costs, funding, and successes of other states' homeowners' association (HOA) offices. Specifically, the bill:

• removes the statutory cap on annual fees and allows the Division of Real Estate in the Department of Regulatory Agencies (DORA) to modify by rule the annual fee paid by HOAs to fund the HOA Information Office and Resource Center (HOA center) to one of three fee structures—single per-unit, tiered per-unit, or single per-association; and

• requires the HOA center information officer to develop, maintain, and publish referral lists consisting of independent contractors who can monitor HOA elections and provide mediation services on HOA matters.

Senator Todd explained that HOA issues are pervasive in Colorado, and she described the recommendations of the report. She noted that the bill has no fiscal impact.

02:20 PM -- Mike Maday, representing the Mediation Association of Colorado, testified in support of the bill. He discussed the benefits of using mediation to resolve HOA disputes. Senator Ulibarri questioned the witness about the fee structure under the bill.

02:24 PM -- Gary Kujowski, representing the Division of Real Estate, testified on the bill. Mr. Kujowski responded to Senator Ulibarri's questions about fees.

Senator Ulibarri and Mr. Kujowski discussed the role of dispute resolution under the bill.

02:31 PM

Senator Todd wrapped up her presentation of the bill.


BILL:	HB15-1376
TIME:	02:33:02 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1376 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1376
TIME:	02:33:19 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1376 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:33 PM -- HB15-1319

Senator Garcia, sponsor, presented House Bill 15-1319 to the committee. The bill increases the number of commissioners serving on the Public Utilities Commission (PUC) in the Department of Regulatory Agencies (DORA) from three to five. Two commissioners are to serve at-large while the remaining three commissioners must reside in and represent geographic regions specified in the bill.

Senator Garcia explained that the bill would give more of a rural voice to the PUC.

02:35 PM

The committee recessed.

02:42 PM

The committee reconvened. Committee members discussed the bill with Senator Garcia.


BILL:	HB15-1319
TIME:	02:45:36 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1319 indefinitely. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:47 PM -- HB15-1381

Senator Balmer replaced Senator Hill for the remainder of the meeting.

Senator Garcia, sponsor, presented House Bill 15-1381 to the committee. The reengrossed bill continues the Office of the Consumer Counsel (OCC) and the Utility Consumers' Board (UCB) in the Department of Regulatory Agencies (DORA) for 11 years until September 1, 2026.

Senator Garcia discussed the importance of the OCC, particularly for 9-1-1 services.

Senator Ulibarri and Senator Garcia discussed the bill.

02:52 PM -- Katie Dahl, representing Colorado Common Cause, testified in support of the bill. She discussed the importance of the OCC and its telecommunications oversight. Senator Jones and Senator Ulibarri discussed this testimony with Ms. Dahl. Committee discussion continued.

03:01 PM -- Bill Levis, representing AARP, testified in support of the bill. He explained that he previously served as head of the OCC. He described PUC proceedings and the role of the OCC at these hearings. He discussed the importance of OCC participation in the regulation of 9-1-1 services.

Committee members discussed this testimony with Mr. Levis.

03:13 PM

Committee discussion continued.

03:34 PM

Committee members commented on the bill. Senator Garcia wrapped up his presentation of the bill.


BILL:	HB15-1381
TIME:	03:40:07 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1381 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Balmer	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1381
TIME:	03:40:27 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1381 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Balmer	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:41 PM -- HB15-1328

Senator Heath, sponsor, wrapped up his presentation of House Bill 15-1328. The committee heard the bill on May 1, 2015. Committee members commented on the bill.


BILL:	HB15-1328
TIME:	03:47:12 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1328 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Balmer	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1328
TIME:	03:47:27 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1328 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Balmer	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:48 PM -- HB15-1098

Senator Neville, sponsor, presented House Bill 15-1098 to the committee. This bill directs the state or a unit of local government to obtain voter approval before using automated vehicle identification systems, including red light cameras. Local governments with existing red light camera programs must submit a measure to voters on their continued use at the 2017 general election. If the voters of a local jurisdiction that uses red light cameras do not approve of their continued use, the local government must discontinue the program within two months following the date of the certification of the vote. If jurisdictions that maintain red light cameras do not wish to submit a ballot question, they must discontinue the program no later than November 7, 2017.

Senator Neville gave committee members a packet of information about the bill (Attachment A). He discussed flaws with red light cameras. He presented amendments L.035 and L.036 (Attachments B and C), noting that they would modify dates and allow voter approval of traffic enforcement cameras.

15SenateState0504AttachA.pdf

15SenateState0504AttachB.pdf

15SenateState0504AttachC.pdf

Senator Balmer discussed the nature of traffic enforcement cameras as automated government surveillance and expressed his interest in adding this language to the bill.

04:00 PM -- Harold Chatman, representing the Commerce City Police Department, testified against the bill. He discussed Commerce City's one red light camera, noting that it is impossible for an officer to enforce violations at the intersection where it is located.

04:03 PM -- Mark Radtke, representing the Colorado Municipal League, testified against the bill. He noted that traffic enforcement cameras reduce traffic violations. He added that city councils should be able to make decisions about the use of red light cameras.

04:08 PM

Committee members discussed the bill and the proposed amendments with Senator Neville. Senator Neville wrapped up his presentation of the bill.

04:12 PM

Senator Balmer explained his conceptual amendment to insert "surveillance camera" after "automated" in several locations, with the ability for the drafter to make technical corrections.


BILL:	HB15-1098
TIME:	04:14:57 PM
MOVED:	Sonnenberg
MOTION:	Adopt amendment L.035 (Attachment B). The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Balmer	Yes
	Jones	Yes
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB15-1098
TIME:	04:15:29 PM
MOVED:	Sonnenberg
MOTION:	Adopt amendment L.036 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Balmer
	Jones
	Ulibarri
	Sonnenberg
	Scott


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


BILL:	HB15-1098
TIME:	04:15:41 PM
MOVED:	Balmer
MOTION:	This is a conceptual amendment. Add the phrase "surveillance camera" after the word "automated" in several locations as specified in the committee report, and allow the drafter to make technical conforming changes. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Balmer	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:16 PM

Committee members commented on the bill. Senator Neville responded to these comments. Discussion continued.


BILL:	HB15-1098
TIME:	04:27:11 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 15-1098, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Balmer	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:29 PM -- HB15-1057

Senators Sonnenberg and Hodge, co-prime sponsors, presented House Bill 15-1057 to the committee. Under current law, the Legislative Council Staff (LCS) prepares fiscal impact statements for all citizen-initiated measures that are certified for the statewide ballot. This bill requires that the LCS prepare initial fiscal impact statements for all measures submitted to the title board. The initial fiscal impact statement must include an abstract describing the measure's effect on state and local government revenues, expenditures, taxes, and fiscal liabilities, as well as a two-sentence fiscal impact summary. The LCS must submit the statement to the proponents and the title board prior to the meeting at which the measure's ballot title will be set, and post it on the LCS website. The summary must appear on initiative petitions circulated for signature collection. The bill permits the LCS to later update the fiscal impact summary, if necessary, when preparing a fiscal impact statement for the Blue Book, the official voter guide for statewide ballot measures.

The bill also requires both designated representatives of the initiative proponents to appear at all review and comment meetings. If either of the two representatives fails to appear, the initiative will be automatically resubmitted. Further, the bill encourages proponents to submit their own estimate of the measure's fiscal impact to the LCS, and it allows them to submit an estimate to the title board along with the measure. The version submitted to the title board may be amended from the original version.

04:29 PM

The committee recessed.

04:39 PM

The committee reconvened.

04:40 PM -- Tamra Ward, representing Colorado Concern, testified in support of the bill.

04:42 PM -- Elena Nunez, representing Colorado Common Cause, testified against the bill.

04:46 PM -- Becky Long, representing Conservation Colorado, testified against the bill.

04:50 PM

Senator Scott laid bill the over until Tuesday, May 5, 2015. The committee took a short recess.

04:52 PM -- HB15-1383

Senator Ulibarri presented House Bill 15-1383. As amended by the House Appropriations Committee, House Bill 15-1383 extends from two to five the number of years in which the Colorado Housing and Finance Authority (CHFA) may allocate low-income housing income tax credits. In addition, the bill allows these income tax credits to be transferred to other taxpayers beginning in tax year 2017.

04:56 PM

Senator Ulibarri answered questions about the bill.

04:59 PM -- Steve Johnson, representing CFHA, testified in support of the bill. He discussed the role of CFHA in building affordable housing in Colorado. He referenced the Pathways Program in Grand Junction. Mr. Johnson answered questions about the type of units built under the program and the developers that take advantage of the program.


BILL:	HB15-1383
TIME:	05:05:29 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1383 to the Committee on Finance. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Balmer	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1383
TIME:	05:06:22 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1383 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
SECONDED:
		VOTE
	Balmer	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:07 PM

The committee adjourned.