Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:04/15/2015
ATTENDANCE
Time:01:35 PM to 06:51 PM
Hill
*
Jones
X
Place:SCR 356
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:
SB15-260
HB15-1214
HB15-1265
HB15-1300		Amended, Referred to Finance
Referred to the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely


01:38 PM -- SB15-260

Senator Aguilar, sponsor, presented Senate Bill 15-260 to the committee. This bill authorizes the creation of a medical marijuana testing facility license and requires that medical marijuana and medical marijuana-infused products be tested. Mandatory testing cannot begin until a marijuana laboratory testing reference library is created. Because the reference library is created under House Bill 15-1283, the implementation of this bill is conditioned upon the passage of HB 15-1283. A person with a financial interest in a medical marijuana testing facility license cannot also have a financial interest in any other marijuana license type with the exception of a retail marijuana testing facility license.

Senator Aguilar explained that testing under the bill would not begin until the marijuana testing reference library is established. She added that amendment L.001 (Attachment A) would align the implementation date with the start of required testing for recreational marijuana.

15SenateState0415AttachA.pdf15SenateState0415AttachA.pdf

01:42 PM -- Coltyn Turner, representing himself, testified in support of the bill. He discussed the importance of testing medical marijuana to make sure that it meets safety standards. He noted the benefits he has seen from medical marijuana.










01:44 PM -- Larisa Bolivar, representing the Cannabis Consumers Coalition, testified in support of the bill. She told a story about the improper use of pesticides in a particular medical marijuana operation. She continued to discuss her concerns with pesticide use. She suggested that the bill be amended to allow individual medical marijuana patients and caregivers to get their products tested, and to publicly announce and fine violators.

01:48 PM -- Tamara Eden, representing herself, testified in support of the bill. She described her experience with medical marijuana and her concerns about its safety.

01:51 PM -- Ian Barringer, representing Rm3 Labs, testified in support of the bill. He explained that his laboratory tests marijuana for the state, and he stated that there is sufficient testing capacity in the state to implement the bill. He discussed the importance of product testing.

01:52 PM -- Stacey Linn, and her son, Jack Splitt, representing themselves, testified in support of the bill. Ms. Linn explained that she makes medicines for Mr. Splitt, and that medical marijuana has helped Mr. Splitt significantly. She noted the importance of identifying dangerous materials in medical marijuana.

Senator Sonnenberg and Ms. Linn discussed safety protocols currently available to medical marijuana patients.

01:58 PM -- Teri Robnett, representing the Cannabis Patients Alliance and Colorado NORML, testified in support of the bill. She made suggestions to amend the bill and explained why she felt these changes would improve the bill.

02:02 PM -- Ronn Nixon, representing himself, testified in support of the bill. He described his experience using medical marijuana as a caregiver and patient.

02:04 PM -- Wendy Turner, representing herself, testified in support of the bill. She described her son Coltyn's experience with Crohn's disease and his sensitivity to foods and drugs. She noted that this sensitivity makes product testing very important. Senator Scott clarified with Ms. Turner that her family moved to Colorado for medical marijuana treatment.

02:09 PM -- Frank Conrad, representing Colorado Green Lab, testified in support of the bill. He discussed Denver's recent quarantine of marijuana grown using certain pesticides, and he noted the importance of testing products that are intended for human consumption.

02:11 PM -- Jason Warf, representing the Southern Colorado Cannabis Coalition, testified in support of the bill. He discussed the importance of testing medical marijuana.

02:14 PM -- Kara Miller, representing the Marijuana Industry Group, testified in support of the bill. She explained that many dispensaries already test their products.

02:16 PM -- David Crook, representing CannLabs, testified in support of the bill. He described the work of his testing laboratory, stating that they could begin testing medical marijuana immediately.

02:18 PM -- Andre Sullivan, representing himself, testified in support of the bill. He described his experience as a caregiver for his wife, Kate.









02:21 PM -- Kate Sullivan, representing herself, testified in support of the bill. She explained that she and her husband moved back to Colorado for access to medical marijuana.

02:22 PM -- Bugi Perrone, representing Gobi Analytical, testified in support of the bill. She described her laboratory's experience testing retail marijuana.

02:25 PM -- Karin McGowan, representing the Colorado Department of Public Health and Environment (CDPHE), testified in support of the bill. She stated that CDPHE already has a regulatory system in place for retail marijuana testing and could easily incorporate medical marijuana.

02:26 PM -- Michael Nicoletti, representing the Department of Regulatory Agencies (DORA), testified in support of the bill. He explained that this bill implements a recommendation from DORA's sunset review of the state's medical marijuana code.

02:27 PM -- Ron Kammerzell and Lewis Koski, representing the Department of Revenue (DOR), testified in support of the bill. Mr. Kammerzell and Mr. Koski responded to questions from Senator Aguilar about DOR's position on potential amendments to the bill.

02:35 PM -- Brent Kaufman, representing himself, testified in support of the bill. He stated that marijuana from a dispensary once made him sick, and he discussed the importance of testing medical marijuana. He further discussed proper dosing of medical marijuana.

02:38 PM -- George Allarin, representing himself, testified in support of the bill. He discussed the benefits he has seen from medical marijuana treatment.

02:40 PM -- Stephanie Hopper, representing the Colorado Cannabis Chamber of Commerce, testified in support of the bill. She stated that all marijuana should be tested and safe for consumption. She discussed the timeline proposed under the bill.

02:42 PM -- Robert Lopez, representing himself, testified in support of the bill. He discussed the importance of testing medical marijuana.

02:45 PM -- Devin Alvarez, representing himself and Agricor Laboratories, testified in support of the bill. He told the committee about his experience with medical marijuana, and he read written testimony from Agricor Laboratories (Attachment B).

15SenateState0415AttachB.pdf15SenateState0415AttachB.pdf

02:47 PM -- Greg Duran, representing Cannabis Patients Alliance, testified in support of the bill. He described objections to testing medical marijuana and responded to these objections.

02:51 PM -- Matthew Kahl, representing Grow 4 Vets, testified in support of the bill. He requested that patients and caregivers also be given access to testing laboratories. He further suggested that testing results should not be kept confidential, and he recommended products be tested for additional substances.









02:54 PM -- Ashley Weber, representing herself, testified in support of the bill. She stated that medical marijuana should be tested as well as recreational marijuana, and she requested that caregivers and patients be allowed to test directly.


02:55 PM

Senator Aguilar wrapped up her presentation of the bill. She explained that she drafted the bill to meet DORA's needs, but that she intends to work on patient and caregiver concerns in the future.

Committee members commented on the bill.
BILL:SB15-260
TIME: 02:58:54 PM
MOVED:Ulibarri
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Hill
Jones
Ulibarri
Sonnenberg
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB15-260
TIME: 02:59:05 PM
MOVED:Ulibarri
MOTION:Refer Senate Bill 15-260, as amended, to the Committee on Finance. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Hill
Yes
Jones
Yes
Ulibarri
Yes
Sonnenberg
Yes
Scott
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS








03:00 PM

The committee recessed.


03:04 PM -- HB15-1214

The committee reconvened.

The committee previously heard House Bill 15-1214 on April 8 and April 14, 2015.

Committee members commented on the bill.
BILL:HB15-1214
TIME: 03:05:27 PM
MOVED:Hill
MOTION:Refer House Bill 15-1214, as amended, to the Committee of the Whole. 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


03:06 PM -- HB15-1265

Senator Ulibarri, sponsor, presented House Bill 15-1265. The reengrossed bill creates the 2015 Birth Certificate Modernization Act. The act requires that the state registrar within the Department of Public Health and Environment (CDPHE) 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 medical or mental health care provider licensed in good standing 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. The state registrar may contact the medical or mental health care provider to verify the statement.







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, except for a person who is under eighteen years of age. After a person who was issued a new birth certificate is eighteen years of age or older, the person may request that their records be sealed. The state registrar must then seal the original birth certificate and all records relating 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.

Senator Ulibarri explained that the bill eliminates a bureaucratic and invasive process. He discussed the importance of birth certificates as identification documents.

03:11 PM -- Dr. Sarah Burgamy, representing herself as a psychologist, testified in support of the bill. She described her work in the field of gender identity, and she discussed the role of gender identity in various areas of life. She stated that surgical and hormonal measures may not be medically indicated in some cases.

03:15 PM -- Leo Kattari, representing himself, testified in support of the bill. He discussed his experience as a transgender person, noting that the gender markers on his identity documents do not match his current identity.

03:18 PM -- Benjamin Taylor, representing himself, testified in support of the bill. He discussed his experience raising a transgender child. He noted the importance of removing barriers to his daughter's ability to live her life.

03:21 PM -- Ron Hyman, state Registrar of Vital Statistics representing CDPHE, testified in support of the bill. He explained that a birth certificate is the foundational document of an individual's identity. He stated that the bill most closely mirror's California's law regarding transgender birth certificates, and he explained that California's process has not been costly or subject to abuse.

Committee members discussed with Mr. Hyman current procedure for transgender individuals to change their birth certificates.

03:27 PM -- Shari Zabel, representing herself, testified in support of the bill. She discussed her experience as a transgender individual and her service in the military.

03:31 PM -- Patti O'Rourke, representing herself, testified in support of the bill and discussed her transgender son and the challenges he experienced in school.

03:35 PM -- Erik Kluzek, representing himself, testified in support of the bill and discussed his transgender daughter and her current birth certificate.

03:40 PM -- Dr. Mark Thrun, representing Denver Health and Denver Public Health, testified in support of the bill and discussed the role of hospitals in determining gender on birth certificates.








03:45 PM -- Kate Inskeep, representing herself, spoke in support of the bill and discussed her transgender son and the challenges he experienced in school. She also discussed the challenges of changing his birth certificate.

03:49 PM -- Shanna Trujillo, representing herself, testified in support of the bill and discussed her transgender son.

03:54 PM -- Todd Garrity, representing himself, testified in support of the bill and discussed his experience as a transgender man.

03:58 PM -- Karen Axe, representing herself, testified in support of the bill and discussed her transgender daughter.

04:02 PM -- Shannon Axe, representing herself, testified in support of the bill and discussed her experience as a transgender woman.

04:04 PM -- DJ, representing himself, testified in support of the bill and discussed his experience as a transgender man. He also requested not to give additional information about his identity on the testimony sheet.

04:08 PM -- Suzuho Shimasaki, representing the Health Equity Commission at the CDPHE and the Mile High Japanese American Citizen League, testified in support of the bill.

04:12 PM -- Steve Wagner, representing himself, testified in support of the bill and discussed his transgender son.

04:17 PM -- Michael Norton, representing Alliance Defending Freedom, testified against the bill and provided a written copy of his testimony (Attachment C).

15SenateState0415AttachC.pdf15SenateState0415AttachC.pdf

04:22 PM -- Lora Thomas, representing herself, testified against the bill and discussed her former experience as coroner. She also explained how the bill would create challenges for coroners and law enforcement.


04:26 PM

The committee recessed.
















04:28 PM

The committee reconvened.

04:28 PM -- Xander Fager, representing himself, spoke in support of the bill and discussed his experience as a transgender man.

04:31 PM -- Courtney Gray, representing herself, spoke in support of the bill and discussed her experience as a transgender woman.

04:35 PM -- Sara Spears, representing the American Civil Liberties Union, spoke in support of the bill and identified other states that have adopted laws similar to the bill. She also responded to prior testimony against the bill.

04:38 PM -- Dave Montez, representing One Colorado, testified in support of the bill.

04:40 PM -- Dr. Kate McKenzie, representing herself, testified in support of the bill and discussed the experience of her adopted transgender children.


04:44 PM

Senator Ulibarri wrapped up his presentation of the bill. He responded to questions from the committee about current law concerning gender reassignment and the impact of the bill. Committee discussion on the bill followed.
BILL:HB15-1265
TIME: 05:03:18 PM
MOVED:Ulibarri
MOTION:Refer House Bill 15-1265 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:HB15-1265
TIME: 05:03:53 PM
MOVED:Sonnenberg
MOTION:Postpone House Bill 15-1265 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
Jones
Ulibarri
Sonnenberg
Scott
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


05:04 PM

The committee recessed.


05:16 PM -- HB15-1300

The committee reconvened.

Senator Merrifield, sponsor, presented House Bill 15-1300 to the committee. The bill permits a unit of local government to enact laws establishing a minimum wage within its jurisdiction.

Senator Merrifield discussed the disadvantages minimum wage workers face. He explained that different local communities have different economies and different economic needs, and he noted that they are forbidden under current law from adjusting the minimum wage accordingly.

Senator Hill and Senator Merrifield discussed the bill's effect on the statewide minimum wage.

05:22 PM -- Phil Hayes, representing Colorado AFL-CIO, testified in support of the bill.

05:23 PM -- Ethel Ayo, representing Fight for Fifteen, testified in support of the bill. She explained that as a health care worker, she cannot afford rent on her current wages.

05:24 PM -- Dexter Hanson, representing Fight for Fifteen, testified in support of the bill. He noted that higher wages return to the community because workers are able to participate in the economy. He stated that the bill would improve the quality of life for workers.










05:28 PM

Mr. Hayes clarified that the bill does not raise the minimum wage, but rather allows communities to choose to raise their own minimum wage.

Senator Sonnenberg clarified the bill's provisions with Mr. Hayes.

Senator Jones and Mr. Hayes discussed the history of the state's minimum wage.

05:35 PM -- Patrick Boyle, representing the Colorado Competitive Council (C3), testified against the bill. He described his organization, and he stated that minimum wages negatively affect labor markets. He explained this position.

Senator Ulibarri and Mr. Boyle discussed the bill and C3's opposition to minimum wages. Senator Scott and Mr. Boyle discussed the recent minimum wage increase in Seattle.

05:46 PM -- Nelson Bock, representing Together Colorado, testified in support of the bill. He explained his belief that human labor is an expression of human dignity. He stated that the current minimum wage does not allow workers to provide for themselves and their families.

Senator Hill and Rev. Bock discussed the bill from a Biblical perspective. Committee discussion continued.

05:56 PM -- Bill Artist, representing the Colorado Restaurant Association, testified against the bill. He responded to previous discussion on the dignity of the worker. He suggested that the bill could put restaurants in certain jurisdictions at a competitive disadvantage. He noted that the state's minimum wage currently rises with inflation.

05:59 PM -- Chris Howes, representing the Colorado Retail Council and the Rocky Mountain Food Industry Association, testified against the bill. He described these organizations' membership, and he expressed his opposition to government wage controls. He explained that the bill could result in resetting the base wages for certain positions statewide.

Senator Ulibarri and Mr. Howes discussed the demographics of minimum wage workers in Colorado.

06:04 PM -- Sarah Freeman, representing the Bell Policy Center, testified in support of the bill. She stated that minimum wage increases in San Francisco and Santa Fe did not negatively affect the local economies.

Senator Hill discussed this testimony with Ms. Freeman. Committee discussion continued regarding local control and an appropriate minimum wage level.















06:14 PM -- Dianna Orf, representing the Associated Governments of Northwest Colorado, testified against the bill. She expressed concern that having different minimum wages in different communities could cause problems. She noted that local governments would then have to enforce wage standards, which they do not currently do.

Senator Merrifield responded to this testimony.

06:18 PM -- Aubrey Hasvold, representing the Colorado Center on Law and Policy, testified in support of the bill. She gave committee members a packet of information on the bill (Attachment D), and she discussed local minimum wage increases in San Francisco and Santa Fe.

15SenateState0415AttachD.pdf15SenateState0415AttachD.pdf

Committee members discussed the bill and its effects with Ms. Hasvold.

06:25 PM -- Tony Gagliardi, representing the National Federation of Independent Business, testified against the bill. He responded to previous testimony about the bill's intent. He discussed demographic information about minimum wage workers, and he pointed out specific problems he sees with the bill.


06:32 PM

Senator Merrifield wrapped up his presentation of the bill.

Committee members commented on the bill.


06:44 PM

Committee discussion continued.
BILL:HB15-1300
TIME: 06:50:51 PM
MOVED:Jones
MOTION:Refer House Bill 15-1300 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:HB15-1300
TIME: 06:51:33 PM
MOVED:Sonnenberg
MOTION:Postpone House Bill 15-1300 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


06:51 PM

The committee adjourned.