Date: 04/27/2015

Final
BILL SUMMARY for HB15-1264

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment C). The motion p
Adopt amendment L.004 (Attachment E). The motion p
Amend the printed bill, page 5, line 27, strike "o
Postpone House Bill 15-1264 indefinitely. The moti
Refer House Bill 15-1264, as amended, to the Commi		PASS
PASS
Pass Without Objection
PASS
FAIL



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