Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:05/04/2015
ATTENDANCE
Time:01:36 PM to 06:26 PM
Foote
X
Humphrey
*
Place:LSB A
Lontine
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tate
*
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:
SB15-272
SB15-216
SB15-258
SB15-268
SB15-181
SJR15-021		Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely


01:36 PM -- SB15-272

Representative DelGrosso, prime sponsor, presented Senate Bill 15-272. This bill allows the state to borrow money for specific transportation projects by issuing Transportation Revenue Anticipation Notes (TRANs). In addition, the bill modifies the block of statutory transfers from the General Fund to the Highway Users Tax Fund (HUTF) and the Capital Construction Fund (CCF) pursuant to Senate Bill 09-228. Finally, the bill makes two changes to the law governing transportation contracts. Each of these are described below.

The bill is referred to voters at the November 3, 2015, election. It requires the approval of a majority of voters to become law.

Transportation Revenue Anticipation Notes. The bill allows the Colorado Department of Transportation (CDOT) to issue TRANs worth up to $3.5 billion and carrying a maximum repayment cost of $5.5 billion in principal and interest. The bill specifies a list of transportation projects that may receive TRANs proceeds; until these projects are fully funded, no other project may receive funding from this source.

Issuance of new TRANs may begin upon the completion of repayment of previous TRANs authorized in 1999, expected to occur in FY 2016-17. The TRANs authorized in the bill carry a maximum repayment term of 20 years. TRANs proceeds would be exempt from restrictions on multi-year debt and state spending in TABOR.








Senate Bill 09-228 transfers. The bill lengthens the five-year block of statutory transfers from the General Fund to the HUTF and the CCF, in the event that one or more year(s) of transfers are reduced or not made because of revenue collected in excess of the TABOR limit. For each year in which transfers are reduced or not made, an additional year of transfers is required, in which 2.0 percent of General Fund revenue must be transferred to the HUTF and 1.0 percent of General Fund revenue must be transferred to the CCF. As in current law, transfers created in the bill may be reduced or not made because of the size of the TABOR surplus. The schedule of transfers is extended until five years of full transfers have taken place.

The bill also broadens the permitted uses of SB 09-228 transfers to the HUTF, allowing transferred funds to be used for general highway operations and maintenance in addition to projects in the Strategic Transportation Project Investment Program.

Transportation contracts. The bill requires that, for design-build contracts with an estimated completed cost of less than $75 million, the CDOT not penalize a bidding contractor for inexperience in design-build contracts. The CDOT must publish a copy of a chosen contractor's final winning proposal on its website, and must redact financial and proprietary information from the copy. The CDOT must communicate to a bidding contractor that the winning proposal will be made public.


01:46 PM

Representative DelGrosso responded to questions from the committee about the bill.

01:50 PM -- David May, representing the Fix I-25 Business Alliance, testified in support of the bill. Mr. May distributed and read a written statement (Attachment A). He responded to questions from the committee.

15HouseState0504AttachA.pdf15HouseState0504AttachA.pdf

01:54 PM -- Tony Milo, representing the Colorado Contractors' Association and the American Council of Engineering Companies of Colorado, testified in opposition to the bill. Mr. Milo expressed concern that the bill could remove up to 14 percent of CDOT's road and bridge maintenance budget. He responded to questions from the committee.

01:58 PM -- Barb Kirkmeyer, representing the Weld County Board of County Commissioners, testified in support of the bill. Commissioner Kirkmeyer expressed her opinion that CDOT does not have a realistic plan to maintain I-25. She listed the benefits of the bill.

02:01 PM -- Andy Karsian, representing CDOT, testified in opposition to the bill. Mr. Karsian discussed the funding source for the bonds addressed by the bill. He responded to questions from the committee about the funding stream for projects across the state that are not on the TRANS project list distributed by Representative DelGrosso (Attachment B).

15HouseState0504AttachB.pdf15HouseState0504AttachB.pdf







02:05 PM -- David Flaherty, representing himself, testified in support of the bill. Mr. Flaherty administered a poll about the bill. He indicated that a majority of Coloradans support the idea and explained how the poll was created. He responded to questions from the committee about other polls addressing the state of transportation infrastructure in Colorado.

02:11 PM -- Will Tour, representing the Southwest Energy Alliance and Conservation Colorado, testified in opposition to the bill. Mr. Tour spoke about transportation funding in Colorado. He characterized the bill as a funding disaster. He responded to questions from the committee about viable options for funding Colorado's transportation needs.

02:13 PM -- Sean Conway, representing the Weld County Board of County Commissioners, testified in support of the bill. Commissioner Conway responded to questions from the committee about the gas tax.

02:19 PM -- Mizraim Cordero, representing the Colorado Competitive Council, testified in opposition to the bill. Mr. Cordero expressed his opinion that the bill represents deficit spending. He responded to questions from the committee.

02:22 PM -- Jody Randall, representing herself, testified in support of the bill. Ms. Randall stated that this bill is the smart thing to do. She responded to questions from the committee.

02:25 PM -- Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill. Mr. Fulton spoke about the impact to his industry of poor road and bridge conditions. He responded to questions from the committee.

02:31 PM -- Kelly Sloan, representing the Mesa County Board of County Commissioners, testified in support of the bill. Commissioner Sloan discussed Mesa County projects listed on Attachment B.

02:32 PM -- Erik Hansen, representing the Adams County Board of County Commissioners and the cities of Northglenn and Thornton, testified in support of the bill. Commissioners Sloan and Hansen responded to questions from the committee.


02:36 PM

Representative DelGrosso listed individuals who would have testified in support of the bill if there had been additional time. He wrapped up his presentation of the bill and asked for a favorable recommendation.


















BILL:SB15-272
TIME: 02:45:12 PM
MOVED:Thurlow
MOTION:Refer Senate Bill 15-272 to the Committee on Finance. The motion failed on a vote of 5-6.
SECONDED:Tate
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:SB15-272
TIME: 02:45:54 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-272 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









02:46 PM

The committee took a brief recess.


02:47 PM -- SB15-216

The committee returned to order. Representative Fields, prime sponsor, presented Senate Bill 15-216. The bill requires that the State Board of Education (SBE) revoke a school district's exclusive chartering authority if the school district is accredited with either a priority improvement plan or turnaround plan for three consecutive school years, unless the school district has a memorandum of understanding with the state Charter School Institute (CSI) that allows the institute to authorize charter schools within the district, or partner with the district to authorize charter schools. The SBE may reinstate a school district's exclusive chartering authority when the school district's accreditation status improves.

Currently, to recover exclusive chartering authority or retain it when challenged, a school district must demonstrate that it provides fair and equitable treatment to charter schools by taking actions identified in the law. This bill also requires that the school district demonstrate compliance with the authorizer standards established in SBE rules, and further requires that the district:

If a school district does not have but desires exclusive charting authority, the district must submit a resolution to the SBE and provide a copy of the resolution to each of the district's charter schools at least 30 days before submitting the resolution. A charter school or an organization that represents charter schools may also submit a written description to the SBE concerning the suitability of exclusive chartering authority for the district.

02:52 PM -- Nora Flood, representing the Colorado League of Charter Schools, testified in support of the bill. Ms. Flood indicated that the bill provides options for high-quality public schools.

02:55 PM -- Michael Clough, representing the Sheridan School District, testified in opposition to the bill. Mr. Clough indicated that the bill is less about choice and more about local control.

02:57 PM -- Dr. Kathy DeNiro, representing Pueblo City Schools, testified in opposition to the bill.

02:59 PM -- Dr. Constance Jones, representing Pueblo City Schools, testified in opposition to the bill.

03:00 PM -- Tom Weston, representing Pueblo City Schools, testified in opposition to the bill.













03:01 PM -- Larry Quintana, representing the Adams 14 School District, testified in opposition to the bill. Mr. Quintana distributed a written statement (Attachment C).

15HouseState0504AttachC.pdf15HouseState0504AttachC.pdf

03:02 PM -- Liz Wolfson, representing the Girls' Academic and Leadership School, testified in support of the bill.

03:03 PM -- David Singer, representing University Prep School, testified in support of the bill.

03:04 PM -- Brian Tanner, representing the Colorado Education Association, testified in opposition to the bill.

03:06 PM -- Richard Wilson, representing Crowne Point Academy, testified in support of the bill.

03:08 PM -- Shelly Hora, representing Crowne Point Academy, testified in support of the bill.

03:13 PM -- Joy Morales Cress, representing Career Building Academy, testified in support of the bill.

03:16 PM

Representative Fields wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:SB15-216
TIME: 03:19:16 PM
MOVED:Tate
MOTION:Refer Senate Bill 15-216 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:SB15-216
TIME: 03:19:58 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-216 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


03:20 PM -- SB15-258

Representative Dore, prime sponsor, presented Senate Bill 15-258. He distributed a newspaper article about the bill (Attachment D). Under federal law, the Air Quality Control Commission (AQCC) under the Department of Public Health and Environment (DPHE) is expected to approve and submit a state implementation plan for the reduction of carbon emissions from electric utilities to the U.S. Environmental Protection Agency (EPA) for certification that the state plan meets federal performance standards under the Clean Air Act.

15HouseState0504AttachD.pdf15HouseState0504AttachD.pdf

The reengrossed bill prohibits the AQCC from submitting a state implementation plan for the reduction of carbon emissions from electric utilities to the EPA until:












If necessary, the AQCC may submit one revised version of the state plan to the PUC and the General Assembly. Under the bill, a subsequent judicial review of the plan is not precluded. Once legislative approval is given, the AQCC may submit the plan to the EPA. The DPHE may not implement or enforce the final approved state or federal plan until the final federal emissions regulations are adopted. The process outlined in the bill will also apply to any regional plan the state participates in pursuant to the federal Clean Air Act or federal emissions regulations.

03:25 PM -- Tom Dougherty, representing Tri-State Generation and Transmission Association, Inc., testified in support of the bill.

03:29 PM -- Martha Rudolph, representing DPHE, testified in opposition to the bill. Ms. Rudolph responded to questions from the committee.

03:32 PM -- Rich Corbetta, representing the Colorado Consumer Coalition, testified in support of the bill. Mr. Corbetta responded to questions from the committee.

03:36 PM -- Kim Tyrrell, representing the American Lung Association, testified in opposition to the bill. Ms. Tyrrell responded to questions from the committee.

03:39 PM -- Mizraim Cordero, representing the Colorado Competitive Council, testified in support of the bill.

03:41 PM -- Dan O'Connell, representing the Colorado Association of Commerce and Industry, testified in support of the bill.

03:42 PM -- Erin Overturf, representing Western Resource Advocates, testified in opposition to the bill.

03:44 PM -- Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska responded to questions from the committee.

03:49 PM -- Tom Darin, representing the Interwest Energy Alliance, testified in opposition to the bill. Mr. Darin responded to questions from the committee.

03:51 PM -- Kelly Sloan, representing Mesa County, testified in support of the bill.

03:53 PM -- Tim Gaudette, representing Small Business Majority, testified in opposition to the bill.

03:55 PM -- Geoff Hier, representing the Colorado Rural Electric Association, testified in support of the bill.

03:57 PM -- Anna Giovinetto, representing Advanced Energy Economy, testified in opposition to the bill.













04:00 PM -- Mike Nasi, representing himself, testified in support of the bill. Mr. Nasi distributed a written statement (Attachment E). He responded to questions from the committee.

15HouseState0504AttachE.pdf15HouseState0504AttachE.pdf

04:05 PM -- Dave DiCarlo, representing himself, testified in support of the bill. Mr. DiCarlo discussed state control of energy decisions.

04:08 PM -- Denise Denny, representing herself, testified in support of the bill. Ms. Denny discussed the high cost of power.


04:10 PM

Representative Dore wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:SB15-258
TIME: 04:13:35 PM
MOVED:Neville P.
MOTION:Refer Senate Bill 15-258 to the Committee on Finance. 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:SB15-258
TIME: 04:14:08 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-258 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


04:14 PM -- SB15-268

The committee took a brief recess.


04:19 PM

The committee returned to order. Representative Lawrence, prime sponsor, presented Senate Bill 15-268. This bill defines an unborn child as a person for the purposes of charging homicide or assault offenses. These offenses include:

The bill provides exceptions for acts committed by the mother of the unborn child; medical procedures performed by a physician or other licensed medical professional at the request of the mother or the mother's legal guardian; or the lawful dispensation or administration of lawfully prescribed medication.







04:26 PM

Representative Lawrence responded to questions from the committee.

04:28 PM -- Michael Norton, representing Colorado Family Action, testified in support of the bill. Mr. Norton distributed a written statement (Attachment F).

15HouseState0504AttachF.pdf15HouseState0504AttachF.pdf

04:30 PM -- Jen Boulton, representing herself, testified in opposition to the bill.

04:32 PM -- Dan May, 4th Judicial District Attorney, testified in support of the bill.

04:33 PM -- Kevin Paul, representing Planned Parenthood of the Rocky Mountains, testified in opposition to the bill.

04:34 PM -- Janet Huffor, representing the El Paso County Sheriff's Office, testified in support of the bill.

04:35 PM -- Erin-Lea Hanson, representing herself, testified in support of the bill.

04:35 PM -- Detective Jeff Nohr, representing the El Paso County Sheriff's Office, testified in support of the bill.

04:37 PM -- Peg Perl, representing the Women's Lobby of Colorado, testified in opposition to the bill.

04:38 PM -- Sheriff Tony Spurlock, representing the County Sheriffs of Colorado, testified in support of the bill.

04:40 PM -- Shelly Dill Combs, representing the Colorado Women's Bar Association, testified in opposition to the bill.

04:41 PM -- Lora Thomas, representing herself, testified in support of the bill.

04:42 PM -- Joel Swanson, representing himself, testified in opposition to the bill.

04:44 PM -- Dr. Tom Perille, representing himself, testified in support of the bill. Dr. Perille distributed a written statement (Attachment G).

15HouseState0504AttachG.pdf15HouseState0504AttachG.pdf










04:46 PM -- Karen Middleton, representing NARAL Pro-choice Colorado, testified in opposition to the bill.

04:47 PM -- Natalie Decker, representing the Alliance Defending Freedom, testified in support of the bill.

04:49 PM -- Denise Maes, representing the ACLU of Colorado, testified in opposition to the bill.

04:50 PM -- Scott Horak, representing himself, testified in support of the bill.

04:53 PM -- Randolph Light, representing himself, testified in support of the bill.


04:59 PM

Representative Lawrence wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:SB15-268
TIME: 05:12:54 PM
MOVED:Neville P.
MOTION:Refer Senate Bill 15-268 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:SB15-268
TIME: 05:13:53 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-268 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


05:14 PM -- SB15-181

Representative Saine, prime sponsor, presented Senate Bill 15-181. The reengrossed bill clarifies the court process for appointing receivers. Under the bill, a court order granting or denying a motion or complaint for the appointment, removal, replacement, or retention of a receiver must be determined within 91 days after filing. A court's failure to rule within this timeframe results in the immediate discharge of the receiver if one has been appointed; however, the court is not precluded from subsequently entering an order appointing a receiver.

If the court order is granted for the appointment or retention of a receiver, it:















The bill also clarifies that a receiver is not immune from liability should the court find gross negligence or willful breach of duty. It applies to all receiver appointments made before, on, and after its effective date.

Receivership proceedings exempt from the bill include those sought:

05:17 PM -- Caroline Fuller, representing herself, testified in opposition to the bill. Ms. Fuller expressed her opinion that the bill is not narrowly tailored enough.

05:19 PM -- Kareen Davison, representing herself, testified in support of the bill. Ms. Davison spoke about her experience with a negligent receiver.

05:22 PM -- Barry Freedman, representing himself, testified in support of the bill.

05:23 PM -- Jenifer Waller, representing the Colorado Bankers' Association, testified in opposition to the bill.

05:24 PM -- Gregory Golyansky, representing himself, testified in support of the bill.

05:27 PM -- Shawn Mitchell, representing himself, testified in support of the bill. Senator Mitchell listed reasons why the bill is needed, modest, and wanted.



























05:29 PM

Representative Saine wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:SB15-181
TIME: 05:30:43 PM
MOVED:Humphrey
MOTION:Refer Senate Bill 15-181 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Tate
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB15-181
TIME: 05:31:41 PM
MOVED:Salazar
MOTION:Postpone Senate Bill 15-181 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


05:32 PM

Senate Joint Resolution 15-021 was laid over until the adjournment of the House. The committee recessed.





























06:21 PM -- SJR15-021

The committee reconvened. Representatives Coram and Vigil presented Senate Joint Resolution 15-021 concerning Colorado coal.
BILL:SJR15-021
TIME: 06:24:49 PM
MOVED:Thurlow
MOTION:Refer SJR15-021 to the full House. 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:SJR15-021
TIME: 06:25:57 PM
MOVED:Salazar
MOTION:Postpone SJR15-021 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


06:26 PM

The committee adjourned.