Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:02/09/2015
ATTENDANCE
Time:01:35 PM to 05:57 PM
Foote
X
Humphrey
X
Place:Room 271
Lontine
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tate
X
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:
HB15-1040
HB15-1099
HB15-1139		Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely


01:36 PM -- HB15-1040

Representative Thurlow, prime sponsor, presented House Bill 15-1040. Under current law, anyone who works as a community association manager (CAM) for a homeowner's association (HOA) must be licensed by the Division of Real Estate in the Department of Regulatory Agencies (DORA). The bill limits which CAMs must be licensed by:

Additionally, the bill removes the current requirement that all individuals engaged in the management of a community take and pass an examination in order for the designated manager to be issued a license. Under the bill, only the designated manager must take and pass the examination.











Representative Thurlow distributed amendment L.001 (Attachment A) and an information packet about the bill (Attachment B).

15HouseState0209AttachA.pdf15HouseState0209AttachA.pdf15HouseState0209AttachB.pdf15HouseState0209AttachB.pdf

01:46 PM -- Robert Bray, representing himself, testified in support of the bill. Mr. Bray spoke about his professional background. He discussed changes to current law that he believes are necessary and addressed by the bill.

01:53 PM -- Brandon Helm, representing the Community Associations Institute, testified in opposition to the bill. Mr. Helm expressed his opinion that the bill is unnecessary and current law sufficiently addresses any problems related to CAMs. He responded to questions from the committee.

02:02 PM -- Lois Dunn, representing the Grand Junction Area Realtor Association, testified in support of the bill. Ms. Dunn spoke about costs to HOAs for licensing individuals in management positions. She commented that people are not willing to serve on HOA boards on the Western Slope due to excessive regulation related to licensing.

02:05 PM -- Roxie Denning, representing the Woodbridge HOA, testified in support of the bill. Ms. Denning expressed her opinion that the bill would decrease costs for HOAs.

02:08 PM -- Tim Warren, representing the City of Grand Junction in place of Mayor Phyllis Norris, testified in support of the bill.

02:10 PM -- Chris Pacetti, representing the Community Associations Institute, testified in opposition to the bill. Mr. Pacetti addressed misconceptions about current law. He responded to questions from the committee.

02:16 PM -- Richard Schmitt, representing himself, testified in support of the bill. Mr. Schmitt expressed his opinion that current law imposes excessive regulations on HOAs in the state. He discussed the burdens associated with such regulation.

02:21 PM -- Ted Leighty, representing the Colorado Association of Realtors, testified in support of the bill. Mr. Leighty reiterated the testimony of prior witnesses with regard to lifting the regulatory burden on small HOAs.

02:23 PM -- Marcia Waters, representing DORA, responded to questions from the committee.















BILL:HB15-1040
TIME: 02:29:01 PM
MOVED:Thurlow
MOTION:Adopt amendment L.004 (Attachment C). The motion passed on a vote of 8-3.
15HouseState0209AttachC.pdf15HouseState0209AttachC.pdf
SECONDED:Tate
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
No
Ryden
No
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS




























BILL:HB15-1040
TIME: 02:34:47 PM
MOVED:Thurlow
MOTION:Adopt amendment L.005 (Attachment D). The motion passed on a vote of 8-3.
15HouseState0209AttachD.pdf15HouseState0209AttachD.pdf
SECONDED:Tate
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
No
Ryden
No
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS






























02:34 PM

Representative Thurlow wrapped up his presentation of the bill.
BILL:HB15-1040
TIME: 02:38:54 PM
MOVED:Thurlow
MOTION:Refer House Bill 15-1040, as amended, to the Committee on Finance. The motion failed on a vote of 5-6.
SECONDED:Neville P.
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:HB15-1040
TIME: 02:39:32 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1040 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Ryden
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


02:40 PM -- HB15-1099

The committee took a brief recess.


02:48 PM

The committee returned to order. Representative Ryden announced that both testimony and committee questions would be timed.


02:49 PM

Representative Willett, prime sponsor, presented House Bill 15-1099. Under current law, it is illegal to hunt or take black bears between March 1 and September 1. This bill changes this period to November 1 through July 31 and establishes a general-purpose hunt that begins on August 1 and ends on August 31 each year. The Parks and Wildlife Commission (PWC) in the Department of Natural Resources (DNR) may authorize a hunt at any time between September 1 and October 31 of each calendar year. The bill specifically excludes a liquid scent that smells like food from the definition of bait. The use of bait to take a black bear is prohibited under current law.

An information packet was distributed to the committee (Attachment E).

15HouseState0209AttachE.pdf15HouseState0209AttachE.pdf






02:55 PM -- Holly Tarry, representing Colorado Voters for Animals, testified in opposition to the bill. Ms. Tarry agreed with Representative Willet's assertion that there is conflict between bears and the public, but stated that this bill would not help things. She suggested a stakeholder process that would take into consideration all different viewpoints.

02:58 PM -- Bob Broscheid, representing the DNR, testified about the bill.

03:01 PM -- Bonnie Brown, representing herself, testified in support of the bill.

03:05 PM -- Jen Boulton, representing the Audubon Society of Colorado, testified in opposition to the bill. Ms. Boulton spoke about the history of prohibiting bear hunting in Colorado. She expressed concern about overturning citizen-led initiatives. She supported the idea of a stakeholder process.

03:08 PM -- Joe Sperry, representing himself, testified in support of the bill. Mr. Sperry expressed his opinion that the bill provides the PWC with more tools for wildlife management. He spoke about his experience as a sheep rancher and problems he has had with the increased bear population in recent years.

03:13 PM -- Kent Ingram, representing the Colorado Wildlife Federation, testified in opposition to the bill. Mr. Ingram indicated that he has seen an amendment that would allow him to support more of the bill. He stressed that he is pro-hunting. He suggested giving the PWC the authority to have a special bear hunting season. He expressed support for a stakeholder process.

03:17 PM -- Julie Hansmire, representing herself, testified in support of the bill. Ms. Hansmire spoke about her experience as a sheep rancher. She commented that August is a high-activity season for black bears in Colorado. She expressed support for extending the hunting season. She responded to questions from the committee.

03:21 PM -- Wendy Keefover, representing the Humane Society, testified in opposition to the bill. Ms. Keefover provided four documents to the committee (Attachments F through I). She expressed support for a stakeholder process. She responded to questions from the committee.

15HouseState0209AttachF.pdf15HouseState0209AttachF.pdf 15HouseState0209AttachG.pdf15HouseState0209AttachG.pdf

15HouseState0209AttachH.pdf15HouseState0209AttachH.pdf 15HouseState0209AttachI.pdf15HouseState0209AttachI.pdf

03:31 PM -- Ross Allen, representing himself, testified in support of the bill. Mr. Allen spoke about his experience as a sheep rancher and discussed the difficulties he has had with bears destroying his livestock. He responded to questions from the committee.

03:39 PM -- Ivan James, representing the Colorado Bowhunters Association, testified in conditional support for the bill. Mr. James spoke about potential unknown consequences of the bill.

03:44 PM -- David McCord, representing the Colorado State Muzzle Loading Association, testified in support of the bill.







03:46 PM -- Denny Behrens, representing the Colorado Mule Deer Association, testified in support of the bill. Mr. Behrens discussed the growing bear population in Colorado and expressed his opinion that current wildlife management strategies are not adequate to control the black bear population. He responded to questions from the committee.

03:54 PM -- Bill Canterbury, representing the Colorado Cattlemen's Association, testified in support of the bill. Mr. Canterbury reiterated the testimony of prior witnesses about the economic losses attributable to bears. He responded to questions from the committee.

04:00 PM -- Daniel Gates, representing the Colorado Trappers Association, testified in support of the bill. Mr. Gates spoke about the work of his organization.

04:03 PM -- Mike Yeary, representing the United States Department of Agriculture, provided information about the bill. Mr. Yeary spoke about livestock predation and property damage attributable to bears.

04:07 PM -- Chris Jurney, representing himself, testified in support of the bill. Mr. Jurney reiterated the testimony of prior witnesses with regard to wildlife management strategies.

04:09 PM -- Garin Vorthmann, representing the Colorado Farm Bureau, testified in support of the bill.

04:10 PM -- Dick Ray, representing the Colorado Outfitters Association, testified in support of the bill. Mr. Ray discussed the nature of bears. He responded to questions from the committee.

04:16 PM -- Tom Kourlis, representing himself, testified in support of the bill.


04:23 PM

Mr. Broscheid returned to the table to provide data about the number of bears in Colorado. He responded to questions from the committee.

























04:30 PM

Representative Willett wrapped up his presentation.
BILL:HB15-1099
TIME: 04:32:07 PM
MOVED:Willett
MOTION:Lay over House Bill 15-1099 for greater than 30 days. The motion has the effect of postponing the bill indefinitely. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:34 PM -- HB15-1139

Representative Carver, prime sponsor, presented House Bill 15-1139. This bill modifies the Administrative Procedures Act (APA) to require the review of all existing administrative rules on a department-by-department basis. The bill also amends the APA to include specific procedures for the analysis of new rules that affect small businesses. The Office of Legislative Legal Services (OLLS) is required to review all existing rules of the principal departments of the state executive branch. The Committee on Legal Services (COLS) is required to review the recommendations of the OLLS in a public meeting and introduce a separate bill for any department that has promulgated a rule, or a portion of a rule, that the COLS votes to repeal. All rules not repealed in a departmental rules review bill would remain in effect. Similar to the current rules review process, rulemaking agencies of the state are prohibited from repromulgating a rule that is repealed due to its rejection in review. The Secretary of State (SOS) directs the removal of repealed administrative rules from state legal materials.














04:42 PM

Representative Carver distributed a fact sheet and explained amendments L.001 and L.002 (Attachments J through L). She discussed the bill and responded to questions from the committee.

15HouseState0209AttachJ.pdf15HouseState0209AttachJ.pdf 15HouseState0209AttachK.pdf15HouseState0209AttachK.pdf

15HouseState0209AttachL.pdf15HouseState0209AttachL.pdf

04:55 PM

The committee continued its discussion with Representative Carver about the bill.


05:01 PM

Committee discussion continued.


05:09 PM

The committee questioned Representative Carver about the fiscal note.

05:13 PM -- Alex Schatz, representing Legislative Council Staff, responded to questions from the committee about the potential effect of the amendments on the fiscal impact of the bill.


05:20 PM

Committee discussion about the bill continued.

05:27 PM -- Ann Hause, representing the Department of Public Health and Environment (DPHE), testified in opposition to the bill. Ms. Hause discussed the rules promulgated on an annual basis by boards and commissions that fall under the purview of DPHE. She indicated that the current notice requirements are very robust. She talked about the cost benefit analyses required by current law and regulatory analyses that are permitted under current law. She explained various requirements at length. She stressed how willing the department is to receive public comment during rulemaking. She discussed the fiscal impact of the bill on the department. Ms. Hause responded to questions from the committee.












BILL:HB15-1139
TIME: 05:48:49 PM
MOVED:Tate
MOTION:Adopt amendment L.001 (Attachment K). The motion passed on a vote of 7-4.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB15-1139
TIME: 05:50:09 PM
MOVED:Humphrey
MOTION:Adopt amendment L.002 (Attachment L). The motion passed on a vote of 7-4.
SECONDED:Tate
VOTE
Foote
No
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS








05:51 PM

Representative Carver wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1139
TIME: 05:55:44 PM
MOVED:Neville P.
MOTION:Refer House Bill 15-1139, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:Humphrey
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:HB15-1139
TIME: 05:56:38 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1139 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:57 PM

The committee adjourned.