Date: 01/26/2015

Final
BILL SUMMARY for HB15-1031

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment D). The motion p
Adopt amendment L.003 (Attachment B), as amended.
Adopt severed section A of amendment L.004 (Attach
Amend amendment L.003, line 22, after "powdered" a
Refer House Bill 15-1031, as amended, to the Commi		PASS
FAIL
Pass Without Objection
PASS
PASS



03:06 PM -- House Bill 15-1031

The committee returned to order.

Representative Windholz, prime sponsor, presented House Bill 15-1031. This bill prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. A person who violates the prohibition is subject to punishment for a class 2 misdemeanor. The bill exempts hospitals, state institutions, private colleges and universities, and pharmaceutical companies conducting bona fide research as long as they file a notice of possession of powdered alcohol with the Department of Public Health and Environment (DPHE) by September 1, 2015, or 30 days in advance of acquisition. If the federal Food and Drug Administration (FDA) approves powdered alcohol and the state establishes a regulatory structure, the prohibition is repealed.

Representative Windholz distributed amendment L.003 (Attachment B). She spoke at length about the potential dangers of powdered alcohol. Amendment L.004 was also distributed to the committee (Attachment C).

15HouseState0126AttachB.pdf15HouseState0126AttachB.pdf 15HouseState0126AttachC.pdf15HouseState0126AttachC.pdf

03:13 PM -- Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association, testified in support of the bill. Mr. Bailey expressed support for a regulatory structure for powdered alcohol. He responded to questions from the committee.

03:17 PM -- Karen Kristopeit-Parker, representing the Colorado Restaurant Association, testified in support of the bill. Ms. Kristopeit-Parker spoke about her concerns with powdered alcohol and her liability if such alcohol is brought into one of her establishments.

03:22 PM -- Sheriff Doug Darr, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Darr discussed the potential public risks of the use of powdered alcohol.

03:23 PM -- Nick Hoover, representing the Colorado Restaurant Association, testified in support of the bill. Mr. Hoover expressed concerns about the potential concealment of powdered alcohol.

03:25 PM -- Patrick Maroney, representing the Colorado Liquor Enforcement Division of the Department of Revenue, testified in support of the bill. Mr. Maroney explained that the current regulatory structure for alcohol cannot cover powdered alcohol products. He responded to questions from the committee.

03:27 PM -- Eliza Schultz, representing DPHE, testified in support of the bill. Ms. Schultz spoke about the DPHE priority of preventing injuries or illness related to substance abuse. She responded to committee questions.

03:29 PM -- Jayne Schindler, representing herself, testified in support of the bill. Ms. Schindler expressed concerns about the potential dangers to children of powdered alcohol.

03:32 PM -- Brett Moore, representing the Colorado Bar Owners Association, testified in support of the bill. Mr. Moore reiterated the testimony of prior witnesses.


03:34 PM

Representative Windholz read two e-mails in support of the bill. Amendment L.002 was distributed to the committee (Attachment D).

15HouseState0126AttachD.pdf15HouseState0126AttachD.pdf

03:38 PM -- Christy Chase, representing the Office of Legislative Legal Services, explained the effects of the various amendments.


03:43 PM

The committee took a brief recess.


03:46 PM

The committee returned to order.
BILL:HB15-1031
TIME: 03:58:04 PM
MOVED:Tate
MOTION:Adopt amendment L.002 (Attachment D). The motion passed on a vote of 11-0.
SECONDED:Tyler
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1031
TIME: 03:56:26 PM
MOVED:Humphrey
MOTION:Adopt amendment L.003 (Attachment B), as amended. The motion failed on a vote of 3-8.
SECONDED:Tate
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
No
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1031
TIME: 03:49:41 PM
MOVED:Primavera
MOTION:Amend amendment L.003, line 22, after "powdered" add "or crystalline". The motion passed on a vote of 11-0.
SECONDED:
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1031
TIME: 04:01:24 PM
MOVED:Ryden
MOTION:Adopt severed section A of amendment L.004 (Attachment C). Severed section A consists of lines 1 and 2. The motion passed without objection.
SECONDED:Foote
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


04:03 PM

Representative Windholz announced that Samuel Mallick supports the bill. She wrapped up her presentation and asked for a favorable recommendation.
BILL:HB15-1031
TIME: 04:04:28 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1031, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:Primavera
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:05 PM

The committee took a brief recess.