Senate Committee on State, Veterans, & Military Affairs (05/01/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	05/01/2015	ATTENDANCE

Time:	06:14 PM to 09:14 PM	Hill	X
		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:
HB15-1362 SB15-287 HB15-1346 HB15-1324 HB15-1306 HB15-1007 HB15-1374 HB15-1027 HB15-1356 HB15-1328		Postponed Indefinitely Amended, Referred to Appropriations Postponed Indefinitely Referred to Appropriations Postponed Indefinitely Postponed Indefinitely Postponed Indefinitely Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

06:14 PM -- HB15-1362

Senator Carroll, sponsor, presented House Bill 15-1362 to the committee. The bill makes rules concerning the budget of a common interest community (known in the residential context as a homeowners' association, or HOA) applicable to such communities created before the 1992 enactment of the Colorado Common Interest Ownership Act (CCIOA). Under the bill, an affected HOA executive board must provide notice to unit owners and hold a meeting about the HOA's proposed budget.

Senator Carroll described a situation that occurred in the Heather Gardens community where budget documents were not made available to residents, and she explained the importance of the bill.


BILL:	HB15-1362
TIME:	06:16:17 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1362 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:	HB15-1362
TIME:	06:16:57 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1362 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

06:17 PM -- SB15-287

Senators Crowder and Ulibarri, sponsors, presented Senate Bill 15-287 to the committee. The bill creates a presidential primary in Colorado for all major political parties. The Governor must set the date of the presidential primary by September 1 in the year preceding a presidential election. The presidential primary must be held no later than the third Tuesday in March. Further, because the major parties penalize states for holding their primaries too early by taking away their delegates to the national party convention, the primary must not be held before the earliest date the parties make available. The presidential primary is the only issue to be put to voters at the election. Candidates for each political party are to be listed on separate ballots. Unaffiliated voters may affiliate with a party up to and on the day of the presidential primary election to participate in the election. Voters affiliated with one political party cannot participate in another party primary unless they withdraw or change their affiliation at least 29 days before the presidential primary election. The bill specifies other details about the conduct of the election, including the order of candidates on the ballot and procedures for write-in candidates. The state must reimburse counties for the costs of the presidential primary election in the same manner as for elections with statewide ballot measures based on the number of active electors affiliated with the parties participating in the primary.

Senator Crowder discussed the benefits of the bill. Senator Ulibarri explained that primaries would increase participation in the presidential election process.

06:19 PM -- John Wren, representing Save the Caucus, testified against the bill. He explained that the state's previous use of a presidential primary decimated the caucus system. He discussed the benefits of the caucus system. He suggested that the bill would damage the political parties, and he expressed concern that the bill was introduced too late in the session.

06:26 PM -- Ryan Call, representing Engage America, testified in support of the bill. He discussed his background and the history of the presidential primary and caucus in Colorado. He stated that the hybrid primary-caucus process proposed in the bill would provide the state with the best of both worlds. He expressed his opinion that caucuses do not effectively reflect the will of the people.

06:31 PM -- Greg Romberg, representing the Board of Commissioners of Arapahoe County and Colorado Counties, Inc., testified on the bill. He expressed concern with the costs of the bill for counties, noting that the bill as drafted does not provide sufficient reimbursement. Senator Ulibarri responded to this testimony.

06:34 PM -- Rich Coolidge, representing Secretary of State Wayne Williams, testified on the bill. He expressed concern about the bill's fiscal impact on the department's budget, noting that it would likely result in an increase in business filing fees. He discussed the process of county election reimbursement and the possibility of a 2015 election.

06:37 PM -- Harvie Branscomb, representing himself, testified on the bill. He expressed concern with the bill's impact on the caucus process, and he discussed specific problems he identified with the bill.

06:39 PM

Senator Crowder discussed the benefits of increased voter participation. Senator Ulibarri discussed amendment L.002 (Attachment A).

15SenateState0501AttachA.pdf


BILL:	SB15-287
TIME:	06:42:18 PM
MOVED:	Ulibarri
MOTION:	Adopt amendment L.002 (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

06:42 PM

Senator Jones discussed amendment L.003 (Attachment B), which changes the method of determining ballot order.

15SenateState0501AttachB.pdf


BILL:	SB15-287
TIME:	06:43:02 PM
MOVED:	Jones
MOTION:	Adopt amendment L.003 (Attachment B). 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:	SB15-287
TIME:	06:43:18 PM
MOVED:	Ulibarri
MOTION:	Refer Senate Bill 15-287, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	Yes
	Scott	Yes


Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:44 PM -- HB15-1346

Senators Jones and Todd, co-prime sponsors, presented House Bill 15-1346 to the committee. Conditional on voter approval, HB15-1346 requires corporations filing a Colorado combined income tax return to add income from affiliated corporations incorporated in tax haven jurisdictions. The bill lists jurisdictions that are considered tax havens and requires the Department of Revenue to biennially report to the finance committees in the General Assembly with an update of countries that may be considered tax havens. In addition, the bill allows corporations indirectly owned by a parent corporation to be included as part of an affiliated group of corporations. The bill refers a measure to the voters authorizing the state to retain and spend revenue received by the taxation of a corporation's income that is held in offshore tax havens. If the voters approve this measure, beginning in FY 2016-17 and thereafter, the bill will require the state controller to transfer $150 million from the General Fund to the State Education Fund (SEF).

Senator Jones explained that the bill refers a measure to the voters and meets certain TABOR requirements. He stated that the bill promotes tax fairness. Senator Todd discussed the bill's benefits to Colorado's school districts.

06:50 PM -- Brian Tanner, representing the Colorado Education Association, testified in support of the bill. He discussed the benefits of directing additional moneys to the State Education Fund.

06:52 PM

Senator Jones wrapped up his presentation of the bill. He discussed the importance of the bill and noted its supporters.

Committee members commented on the bill.


BILL:	HB15-1346
TIME:	06:56:29 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1346 to the Committee on Finance. 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:	HB15-1346
TIME:	06:56:52 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1346 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

06:57 PM -- HB15-1324

Senators Kerr and Scott, co-prime sponsors, presented House Bill 15-1324 to the committee. This reengrossed bill creates the Student Learning Objectives Process Consortium (consortium) and establishes a new grant program. The bill appropriates $1.0 million from the State Education Fund to establish the consortium and provide grants. The consortium is intended to allow local education providers (LEPs, i.e. school districts, charter schools, Boards of Cooperative Educational Services) to collaboratively create a student learning objectives process that measures student academic growth, for use in the statewide educator evaluation system. A student learning objective process uses measurable learning objectives for a specific teaching assignment that enable educators to evaluate the baseline performance of students, and the measurable gain in student performance during the course of instruction. The consortium will allow LEPs to collaborate in sharing best practices, resources, professional development, and other experiences in designing, developing, and implementing a student learning objectives process. A LEP may apply to the CDE for an implementation grant to assist the LEP in creating and implementing a student learning objectives process. The State Board of Education (SBE) must establish rules for the grant program, and the CDE must review grant applications and recommend to the board the LEPs that should receive grants. The bill sets minimum criteria for evaluating each grant application. Neither the SBE nor the CDE may retain or spend any of the amount appropriated to implement the bill; however, the department may annually use up to fifty thousand dollars of the appropriation to contract with an outside evaluator to assess each grantee's success in implementing a student learning objectives process.

Senator Kerr discussed student assessments in Colorado. He described the specific provisions of the bill. Senator Scott discussed House Bill 14-1202, which created a task force to review the current testing system, and he noted that the bill addresses a task force recommendation.

07:03 PM -- Julie Whitacre, representing the Colorado Education Association, testified in support of the bill. She discussed the benefits of student learning objectives, and she noted that the bill would help districts fund the creation of these programs.

07:06 PM

Senator Kerr wrapped up his presentation of the bill. He described the process of developing assessment models.

Committee members commented on the bill.


BILL:	HB15-1324
TIME:	07:11:50 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 15-1324 to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:12 PM -- HB15-1306

Senators Crowder & Guzman, co-prime sponsors, presented House Bill 15-1306 to the committee. This bill directs the Department of Personnel and Administration (DPA) to conduct a study to determine whether disparities in the selection of businesses exist in the state procurement system. The study's final report is to be completed, posted online by the Minority Business Office, and submitted to members of the General Assembly by January 1, 2017. The executive director of the DPA is required to include the findings of the study and any additional recommendations in the department's State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing. The executive director of the DPA is also required to develop a method for tracking state contracts with historically underutilized businesses, and to publish this information online. The DPA must track and publish this information for bids solicited on or after January 1, 2016.

Senator Crowder discussed the benefits of understanding disparities in state procurement. Senator Guzman discussed state procurement and efforts to include underrepresented groups in the process.

Senator Guzman read from the bill's legislative declaration. Senator Crowder discussed the benefits of conducting a procurement disparity study.

07:28 PM

Committee members commented on the bill.


BILL:	HB15-1306
TIME:	07:29:08 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1306 to the Committee on Appropriations. 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:	HB15-1306
TIME:	07:29:22 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1306 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

07:30 PM -- HB15-1007

Senators Crowder and Steadman, co-prime sponsors, presented House Bill 15-1007 to the committee. This bill, recommended by the Marijuana Revenues Interim Committee, clarifies that counties and statutory cities have the authority to levy a voter approved special sales tax on retail marijuana and gives them authority to levy a voter approved excise tax. The Department of Revenue would not collect, administer, or enforce the local taxes on retail marijuana.

Senator Steadman explained that the bill authorizes various local government entities to charge excise taxes for recreational marijuana. He presented amendment L.008 (Attachment C), explaining that it adds a cap on the excise tax rates. Senator Crowder added his support for the bill.

15SenateState0501AttachC.pdf

07:34 PM -- Harley Gifford, representing the Pueblo West Metropolitan District, testified in support of the bill. He provided a map of marijuana dispensaries in the Pueblo West area (Attachment D) and noted that the district is not guaranteed tax revenue from these dispensaries.

15SenateState0501AttachD.pdf

Senator Hill discussed sales and excise tax issues with Mr. Gifford.

07:39 PM -- John Galusha, representing Huerfano County, testified in support of the bill. He described Huerfano County and discussed its voter-approved marijuana excise tax.

07:41 PM

Senator Steadman responded to questions about the role of excise taxes under state law. Senator Hill discussed the bill with Senator Steadman.


BILL:	HB15-1007
TIME:	07:44:55 PM
MOVED:	Ulibarri
MOTION:	Adopt amendment L.008 (Attachment C). 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

07:45 PM

Committee members discussed the bill with Senator Crowder.


BILL:	HB15-1007
TIME:	07:47:52 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1007, as amended, 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:	HB15-1007
TIME:	07:48:08 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1007 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

07:48 PM -- HB15-1374

Senator Steadman, sponsor, presented House Bill 15-1374 to the committee. This bill creates a line on the Colorado individual income tax form that allows a taxpayer to direct the state to invest all or a portion of their TABOR sales tax refund to state services. The line on the tax form is only available when a TABOR refund is available. Revenue collected with this line on the tax form is not included as TABOR revenue and therefore does not count towards the TABOR revenue limit.

Senator Steadman discussed the genesis of the bill. He explained that the bill essentially creates a tax check-off for the TABOR refund. He discussed the impact of TABOR on the state's revenues.

07:54 PM

The committee recessed.

07:56 PM

The committee reconvened.


BILL:	HB15-1374
TIME:	07:56:32 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1374 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:	HB15-1374
TIME:	07:57:05 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1374 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

07:57 PM -- HB15-1027

Senator Guzman, sponsor, presented House Bill 15-1027 to the committee. Beginning with the 2015-16 academic year, this reengrossed bill extends in-state tuition classification to any Native American student who is a registered member of a federally recognized American Indian tribe with historical ties to Colorado. Students classified for in-state tuition may be counted as a resident for other purposes, including eligibility for state-funded financial aid; however, these students are not eligible for stipends from the College Opportunity Fund (COF). The bill applies to all state institutions of higher education except Fort Lewis College, which already provides free tuition for any Native American.

Senator Guzman discussed the tribes with historical ties to Colorado. She noted benefits of allowing students from these tribes to qualify for in-state tuition.

Senator Guzman presented written testimony from Matthew Campbell, representing the Native American Rights Fund (Attachment E). She also read testimony from Guyrene Ben, describing Ms. Ben's experience growing up in the Four Corners region just outside of Colorado.

15SenateState0501AttachE.pdf

08:06 PM

Committee members commented on the bill. The bill was laid over until May 4, 2015.

08:07 PM -- HB15-1356

Senator Guzman, sponsor, presented House Bill 15-1356 to the committee. This bill prohibits a public safety agency from holding or detaining a person beyond his or her release date based solely on an immigration detainer request or administrative warrant. However, a public safety agency may comply with a valid and properly issued federal warrant that meets legal standards and is signed by a federal magistrate or judge. A court is prohibited from using the existence of an immigration detainer request or administrative warrant as the deciding factor in setting bond in criminal cases. An individual subject to an immigration detainer request or administrative warrant cannot be discouraged from posting bond or bail on that basis. The bill repeals current law regarding bonds recovered for persons illegally present in the country and repeals the authority for the County Jail Assistance Fund.

Senator Guzman explained that the process of using immigration detainers is not consistent throughout the state.

08:11 PM -- Justin Valas, representing the Colorado Immigrant Rights Coalition, testified in support of the bill. He described immigration detainer documents, noting that they do not meet constitutional requirements for arrest and detention. He described the collaborative process of addressing this issue. He provided a packet of information supporting the bill (Attachment F).

15SenateState0501AttachF.pdf

08:19 PM

Mr. Valas further described the detainer process at the request of committee members. Committee discussion ensued.

08:33 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She explained that the federal courts have found that immigration detainers do not have the force of law, and regular warrants are still required. She discussed lawsuits on this issue in Arapahoe and Jefferson counties. Ms. Ackerman provided written testimony from Boulder County Sheriff Joe Pelle (Attachment G).

15SenateState0501AttachG.pdf

Committee members discussed this testimony with Ms. Ackerman.

08:36 PM -- Christine Zaldiver, representing herself, testified in support of the bill. She described an incident in which her husband was arrested for driving with an expired license and his subsequent transfers to detention facilities in other counties. She discussed the denial of her opportunity to pay the bond for his release.

08:44 PM -- Jeff Clayton, representing the Professional Bail Agents of Colorado, testified in support of the bill. He stated that current law does not make sense for the bonding process. He described this process. Committee members discussed the bill with Mr. Clayton.

08:49 PM

Senator Guzman wrapped up her presentation of the bill. The bill was laid over to May 4, 2015.

08:51 PM -- HB15-1328

Senator Heath, sponsor, presented House Bill 15-1328 to the committee. The bill requires certain employees and volunteers of youth sports organizations who work directly with youths five or more days per month to have a criminal history record check (background check). This requirement also applies to employees and volunteers who accompany the youth sports organization on any trip that includes an overnight stay. Parents with a participating child who volunteer are not required to have a background check, unless they are acting as a head coach or manager. The bill specifies offenses that disqualify a person from working or volunteering for a youth sports organization. After the initial background check, employees or volunteers at youth sports organizations must have a background check conducted every two years. Background checks must be conducted through a private background check provider that meets certain standards. A youth sports organization is defined in the bill as a private, for-profit or not-for-profit corporation that provides sports activities for youths age 18 or younger as part of its core function. The bill excludes neighborhood youth organizations, public and private K-12 schools, public and private institutions of higher education, organizations providing unscheduled sporting events on a walk-in basis, and schools or classes operated primarily for a single skill-building purpose from the definition of youth sports organization.

Senator Heath discussed the importance of youth sports, and he explained that parents should know who their children's coaches are.

08:59 PM -- Michelle Peterson, representing herself as a child abuse expert, testified in support of the bill. She discussed the importance of preventing sexual predators from working with youth sports programs. She noted the effectiveness of background checks for this purpose.

09:06 PM -- Rachel Sturtz, representing herself as an investigative journalist, testified in support of the bill. She described her story for Outside Magazine focusing on problems of sexual predator coaches in USA Swimming. She discussed the importance of the bill to address this issue.

Committee members discussed the bill with the witnesses and Senator Heath.

09:14 PM

The bill was laid over to May 4, 2015.

09:14 PM

The committee adjourned.