Senate Committee on State, Veterans, & Military Affairs (04/27/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/27/2015	ATTENDANCE

Time:	02:44 PM to 07:00 PM	Hill	X
		Jones	X
Place:	SCR 356	Ulibarri	*
		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:
HB15-1083 HB15-1241 SCR15-002 HB15-1231 SCR15-003 HB15-1282 HB15-1177		Referred to the Committee of the Whole Postponed Indefinitely Committee Vote - Final Action Failed Postponed Indefinitely Postponed Indefinitely Amended, Referred to the Committee of the Whole Referred to Business, Labor, & Technology

02:44 PM -- HB15-1083

Senator Crowder, sponsor, presented House Bill 15-1083 to the committee. The reengrossed bill requires the Colorado Commission on Affordable Health Care (commission) in the Department of Public Health and Environment to conduct a study of the costs of physical rehabilitation services and whether or not patient cost-sharing creates barriers to the use of these services. The commission must report its findings to the health committees of the General Assembly by November 1, 2015.

Senator Crowder explained that a bill similar to the introduced bill was vetoed by the Governor in 2013. He stated that, as amended, the bill creates a study to address physical therapy costs.

02:48 PM -- Stefan van Duursen, representing Colorado Physical Therapy, testified in support of the bill. He presented information from some of his patients regarding the high costs of physical therapy. He further discussed the problem of high copayments as they relate to his practice. He provided information about this to the committee (Attachment A).

15SenateState0427AttachA.pdf

02:52 PM -- Ken Summers, representing rehabilitative services providers, testified in support of the bill. He explained that the bill helps address equity issues in physical therapy costs. He discussed the benefits of rehabilitative services.

02:56 PM

Senator Crowder wrapped up his presentation of the bill.

02:58 PM -- Dawn Howard, representing the Colorado Cross Disability Coalition, testified in support of the bill.


BILL:	HB15-1083
TIME:	02:58:36 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1083 to the Committee of the Whole. 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

02:59 PM -- HB15-1241

Senator Guzman, sponsor, presented House Bill 15-1241 to the committee. This bill removes the requirement that a summons and complaint or penalty assessment notice (citation) show the license number of the vehicle involved, if any, or the defendant's drivers license number. It also clarifies that an electronic summons is not required to include a place for a defendant to sign or that the summons be signed by the defendant.

Senator Guzman explained that the bill helps allow for the use of electronic summonses. She described the current process of preparing a summons.

03:04 PM -- Lt. John Pettinger, representing the Denver Police Department, testified in support of the bill. He explained that the bill gives police departments options for their document management. He discussed the extra effort the current process requires.

Senator Hill discussed the current process of signing a summons.

03:11 PM

Senator Guzman discussed amendment L.002 (Attachment B), noting that it clarifies the requirement that defendants receive a copy of the summons and complaint.

15SenateState0427AttachB.pdf


BILL:	HB15-1241
TIME:	03:13:18 PM
MOVED:	Jones
MOTION:	Adopt amendment L.002. 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:	HB15-1241
TIME:	03:14:05 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1241, 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:	HB15-1241
TIME:	03:15:28 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1241 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

03:15 PM -- SCR15-002

Senators Steadman and Roberts, co-prime sponsors, presented Senate Concurrent Resolution 15-002 to the committee. This resolution refers a measure to the voters to amend the Colorado Constitution to establish a new two-step process for initiative petitions that amend the state constitution. After an initiative petition for an amendment to the constitution has been properly filed with the Secretary of State, the Secretary of State will submit the authorization question for the measure to the voters for their consideration at the next general election. If less than a majority of voters approve the authorization question, no further action is required for the measure. If a majority of voters approve the authorization question, the Secretary of State will submit the measure by its ballot title to voters for their consideration at the next election. The resolution does not apply to initiated constitutional amendments that only repeal a provision of an amendment to the constitution that was adopted prior to 2015. Following the approval of the authorization question, Legislative Council staff, the nonpartisan research staff of the General Assembly, must conduct at least one public hearing in each congressional district before the odd-year election at which the measure will be on the ballot. At the public meetings, Legislative Council staff will summarize information to be included in the ballot information booklet, known as the Blue Book.

Senator Steadman noted that the concurrent resolution would have to be referred to the voters in the 2016 election. He explained his interest in the topic, noting his belief that Coloradans amend their constitution too easily. He added that this leads to conflicts and poses a challenge to governing. Senator Steadman discussed the specific changes proposed in the concurrent resolution.

03:23 PM

Senator Roberts discussed her concern that constitutional measures often feel imposed upon rural Coloradans. She noted that the resolution takes a different approach from Referendum O. She discussed out-of-state interests supporting measures in Colorado.

03:27 PM -- Elena Nunez, representing Colorado Common Cause, testified against the resolution. She discussed the importance of the initiative process and stated that the resolution will make the process more difficult and expensive. She noted specific problems she sees with the measure.

03:31 PM -- Lisa Trope, representing Food and Water Watch, testified against the resolution. She described her organization and discussed the process of getting a measure on the ballot, noting that it is already difficult and expensive.

03:33 PM -- Russell Haas, representing the Colorado Union of Taxpayers, testified against the resolution. He explained that he has been a proponent of a ballot measure, and he described his experience. He stated that extending the timeline for constitutional measures allows additional attacks against proponents.

03:36 PM -- Kelly Brough, representing the Denver Metro Chamber of Commerce, testified in support of the resolution. She described her organization and noted that she also represents the Colorado Competitive Council. She explained that businesses spend a considerable amount of money for and against ballot measures.

03:40 PM -- Ted Leighty, representing the Colorado Association of Realtors, testified in support of the resolution. He stated that the resolution improves citizen engagement and makes the constitutional amendment process more deliberative.

03:42 PM -- Dianna Orf, representing the Colorado Mining Association, testified in support of the resolution. She stated that the measure preserves the right to petition the government, and she discussed the need to make it harder to amend the constitution.

03:43 PM -- Sandra Toland, representing herself, testified against the resolution. She described her experience collecting signatures for state ballot initiatives. She stated that the resolution would make it impossible for grass roots groups to participate in the initiative process.

03:46 PM -- Harry Hempy, representing himself, testified against the resolution. He stated that the resolution would make the process of amending the constitution too expensive. He proposed other methods of improving the initiative process.

03:49 PM -- Randee Webb, representing herself, testified against the resolution. She discussed Article V of the Colorado Constitution and the importance of the initiative and referendum.

03:53 PM -- Earl Staelin, representing himself, testified against the resolution. He reiterated concerns raised by other opposition witnesses. He noted that legislation is also often contradictory and subject to litigation.

03:55 PM -- Mark Radtke, representing the Colorado Municipal League, testified in support of the resolution. He stated that there should be different processes for changing state statutes and the state constitution.

03:57 PM -- Phil Hayes, representing the Colorado AFL-CIO, testified against the resolution. He expressed concern that the resolution would significantly limit the initiative process.

03:59 PM -- Chris Forsyth, representing himself, testified against the resolution. He discussed the process of placing a measure on the ballot in Colorado. He discussed his attempt to address judicial misconduct by initiative.

04:03 PM -- Chad Vorthmann, representing the Colorado Farm Bureau, testified in support of the resolution. He discussed the impact of ballot measures on the state's rural communities and the benefits of additional scrutiny.

04:05 PM -- Tamra Ward, representing Colorado Concern, testified in support of the resolution. She stated that the process to amend the state's constitution affects the state's business climate.

04:09 PM -- Mike Fitzgerald, representing the Denver South Economic Development Partnership, testified in support of the resolution. He stated that Colorado has a reputation for being a moderate place, and he stated that the resolution will help promote stability.

04:11 PM -- Patricia Dunn, representing herself, testified against the resolution. She stated that the legislature is constrained in its ability to limit the peoples' right to petition. She suggested that the measure is supported by corporate interests.

04:13 PM -- Wes Wilson, representing Be the Change, testified against the resolution. He suggested that the resolution would put inappropriate limits on the peoples' right to change the state constitution.

04:14 PM -- Doug Holland, representing the Rocky Mountain Chapter of the Sierra Club, testified against the resolution. He provided written testimony (Attachment C) and read from this testimony. He stated that the resolution would lock citizens out of the amendment process and would likely not survive legal scrutiny.

15SenateState0427AttachC.pdf

04:18 PM -- Richard Hamilton, representing Action for the Public Trust, testified against the resolution. He discussed prior case law on the distribution of powers under the Colorado Constitution. He suggested that there is no authority for the legislature to propose the measure.

04:22 PM -- Mark Grueskin, representing Citizens for Integrity, testified against the resolution. He described his work as a lawyer and discussed initiatives that were enacted but then declared unconstitutional. He noted problems with the resolution. He stated that inherently he trusts the voters.

04:26 PM

The chair ended witness testimony. Written testimony from Phillip Doe (Attachment D) was provided for the record. Committee members commented on the resolution.

15SenateState0427AttachD.pdf


BILL:	SCR15-002
TIME:	04:30:07 PM
MOVED:	Sonnenberg
MOTION:	Refer SCR15-002 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

04:30 PM

Senator Scott laid the resolution over.

The committee recessed.

04:37 PM -- HB15-1231

The committee reconvened.

Senators Merrifield and Crowder, co-prime sponsors, presented House Bill 15-1231 to the committee. This bill reenacts the Enhanced Unemployment Insurance Compensation Benefits Program (program) in the Colorado Department of Labor and Employment (CDLE). The Division of Unemployment Insurance will review and approve job training programs and pay enhanced benefits to eligible claimants enrolled in job training for three fiscal years, starting in FY 2015-16 and ending in FY 2017-18. Up to $4 million may be expended for the program, including benefit payments, in any fiscal year, with no more than $12 million in expenditures obligated by the division over the three fiscal years affected by the bill. The state General Fund pays for program costs.

The division's administration of the program includes:

• input from local workforce investment boards and the Division of Labor in CDLE regarding occupations for which training should be approved;
• outreach to unemployed workers, informing them of the program;
• weekly payment of the benefit to eligible claimants, with a maximum cumulative benefit amount calculated based on the monetary amount of the individual claimant's benefit for a regular unemployment claim; and
• rulemaking deemed necessary by the division's director to implement, administer, or take enforcement action related to the program.

By December 31, 2016, and December 31, 2017, the division must submit an annual report to the Joint Budget Committee and the business committees of the General Assembly. This report will contain detailed information regarding the program and its outcomes.

Senator Merrifield distributed a fact sheet on the bill (Attachment E) and explained that the bill is one of a number of workforce development measures. He described the enhanced unemployment compensation benefit program, noting that it was originally created in 2009. He described the program's successes.

15SenateState0427AttachE.pdf

04:42 PM -- Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill.

04:44 PM -- Rich Jones, representing the Bell Policy Center, testified in support of the bill. He explained the benefits of the program and relayed statistics about the program.

04:46 PM -- Pat Teegarden, representing the Department of Labor and Employment, testified on the bill.

04:47 PM

Senator Crowder wrapped up his presentation of the bill.


BILL:	HB15-1231
TIME:	04:50:44 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1231 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:	HB15-1231
TIME:	04:51:37 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1231 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

04:52 PM -- SCR 15-003

Senator Merrified presented Senate Concurrent Resolution 15-003. The concurrent resolution creates a referred measure that will appear before voters at the November 2016 general election. If passed, the measure would amend the Colorado Constitution to increase the statewide minimum wage from $8.23 to $12.50 by January 1, 2020, by the following annual increments:

• $9.50 on January 1, 2017;
• $10.50 on January 1, 2018;
• $11.50 on January 1, 2019; and
• $12.50 on January 1, 2020.

Effective January 1, 2021, the bill stipulates that the minimum wage must be increased, rather than adjusted, annually for inflation using the Consumer Price Index.

Senator Merrifield responded to arguments against increasing the minimum wage.

04:56 PM -- Michelle Webster, representing the Colorado Center on Law & Policy, testified in support of the resolution. She provided written testimony (Attachment F) and read from this testimony. She stated that the current minimum wage is not enough to support working families.

15SenateState0427AttachF.pdf

05:00 PM -- Phil Hayes, representing the Colorado AFL-CIO, testified in support of the resolution. He discussed the economic viability of the proposed minimum wage increase.

05:04 PM -- Nelson Bock, representing Together Colorado, testified in support of the resolution. He provided moral arguments for raising the minimum wage.

05:08 PM -- George Awuor, representing the Bell Policy Center, testified in support of the resolution. He discussed benefits of raising the minimum wage. He described research on minimum wage increases.

05:12 PM -- Erin Bennett, representing 9 to 5 Colorado, testified in support of the resolution. She discussed the resolution's benefits for women and working parents. She noted popular support for raising the minimum wage.

05:16 PM -- Andrew Olson, representing himself, testified in support of the resolution. He explained that he works at McDonald's, and he stated that it is difficult to live off the minimum wage, requiring government assistance. Senator Sonnenberg and Mr. Olson discussed specific policies at McDonald's.

05:17 PM -- Carrie Turrentine, representing herself, testified in support of the resolution. She described her experience as a home health aide and the importance of the work. She discussed the low wages paid to home health aides.

05:21 PM

Senator Merrifield wrapped up his presentation of the resolution. He asked that the state's voters be allowed to decide the issue.

Committee members commented on the resolution.


BILL:	SCR15-003
TIME:	05:23:57 PM
MOVED:	Ulibarri
MOTION:	Refer SCR15-003 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:	SCR 15-003
TIME:	05:24:12 PM
MOVED:	Sonnenberg
MOTION:	Postpone SCR15-003 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

05:24 PM -- HB15-1282

Senator Newell, sponsor, presented House Bill 15-1282 to the committee. The reengrossed bill creates a class 2 misdemeanor for any birth parent that intentionally omits material information concerning his or her personal data in the preparation of a birth certificate. Material information includes the name of a birth parent, the birth date of a birth parent, the mother's maiden name prior to a first marriage, if applicable, and the place and birth of a birth parent. The bill also requires the state registrar of vital statistics within the Department of Public Health and Environment (DPHE) to include a statement on birth certificate worksheet forms specifying that omitting or knowingly submitting false information on a birth certificate worksheet form is a misdemeanor.

Senator Newell provided amendments L.008 and L.009 (Attachments G and H), noting that they made opposition neutral on the bill.

15SenateState0427AttachG.pdf

15SenateState0427AttachH.pdf

05:28 PM -- Benjamin Waters, representing Fostering Colorado, testified on the bill. He stated that with the amendments, the organization would be neutral on the bill. Renee Teague, representing Lutheran Family Services, made herself available to questions. Senator Hill discussed the amendments with Mr. Waters.

05:30 PM -- James Cleek, representing himself, testified in support of the bill. He explained that as an adoptee, he used the state's confidential intermediary program to learn more about his background, and found that his identity documents were largely falsified.

05:34 PM -- Paula Bard, representing herself, testified in support of the bill. She explained that her adopted son did not have a father listed on his birth certificate, though his father's name was known. She read testimony from her son, describing his family history of heart problems.

05:38 PM -- John Mann, representing himself, testified against the bill. He provided a packet of information on the bill (Attachment I). He stated that the bill was gutted by amendments in the House, noting that children must have access to information about their biological fathers. He described the documents provided in his packet.

15SenateState0427AttachI.pdf

05:46 PM -- Samantha Jadin, representing herself, testified in support of the bill. She described her experience with an illegal adoption. She discussed the importance of children having access to both of their birth parents.

Senator Hill responded to Ms. Jadin's testimony.

05:50 PM -- Rich Uhrlaub, representing Adoptees in Search, testified in support of the bill. He explained that the bill has been significantly amended since its introduction, and he noted that he preferred the original bill. He discussed the evolution of adoption in the U.S. and problems of human trafficking. He requested that warning language remain on the birth certificate form.

Senator Hill and Mr. Uhrlaub discussed adoption records. Committee discussion of the bill continued with Senator Newell and Mr. Uhrlaub.

06:00 PM

Mr. Uhrlaub expressed his opposition to amendment L.009. Discussion ensued.

06:04 PM -- Nancy Mann, representing herself, testified on the bill. She discussed fathers' rights during the end of World War II.

06:06 PM

Debbie Haskins, Office of Legislative Legal Services, explained the penalties under current law. She referenced the state birth certificate worksheet and voluntary acknowledgement of paternity (Attachment J).

15SenateState0427AttachJ.pdf

06:16 PM

Committee discussion with Ms. Haskins ensued.

06:29 PM

The committee continued to discuss amendments L.008 and L.009 with Ms. Haskins.


BILL:	HB15-1282
TIME:	06:34:01 PM
MOVED:	Ulibarri
MOTION:	Adopt amendment L.008. 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:	HB15-1282
TIME:	06:40:22 PM
MOVED:	Ulibarri
MOTION:	Adopt amendment L.009. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	Yes


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

06:42 PM

The committee recessed.

06:44 PM

The committee reconvened. Senator Newell wrapped up her presentation of the bill.


BILL:	HB15-1282
TIME:	06:46:19 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1282, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


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

06:47 PM -- HB15-1177

Senators Donovan and Sonnenberg, co-prime sponsors, presented House Bill 15-1177 to the committee. This reengrossed bill creates the Rural Economic Development Initiative (REDI) Grant Program in the Department of Local Affairs (DOLA) and provides $2,250,000 for grants from the Local Government Mineral Impact fund for FYs 2015-16, 2016-17, and FY 2017-18. The REDI program will award grants to local governments located inside a highly distressed rural county for infrastructure needs and to partner with private employers to support business expansion projects and training programs.

The bill defines a distressed rural county as a county with a population of less than 175,000 and meeting two of the three following criteria:

• an annual percent change in employment that is less than the state's annual percent change in employment;
• an annual percent change in total assessed value of property that is less than the state's annual percent change in assessed value; or
• a percentage of pupils eligible for free lunch that is greater than the statewide average.

Rural counties that meet the above criteria are then ranked from lowest to highest based on their total sum annual percentage change in population, employment, weekly wage, and number of establishments. Local governments located in the 30 most highly distressed rural counties are eligible to apply for a grant. The bill requires the DOLA to use the most recent data, provided by Legislative Council Staff, for identifying the 30 most highly distressed rural counties.

Senator Sonnenberg discussed the bill. He noted that funding for the bill is provided in the Long Bill. Senator Donovan discussed the bill's requirements for identifying the most distressed counties in the state.

06:52 PM -- Brandy DeLange, representing Colorado Counties, Inc., testified against the bill. She expressed support for the REDI grant program but opposition to the use of severance tax dollars to fund the program.

06:53 PM -- Michael Valdez, representing the Special Districts Association, testified against the bill. He expressed opposition to the use of severance tax dollars.

06:54 PM -- Bruce Eisenhauer, representing the Department of Local Affairs, testified in support of the bill. He discussed the history of the REDI grant program.

06:55 PM

Committee members commented on the bill. Senator Sonnenberg wrapped up his presentation of the bill.


BILL:	HB15-1177
TIME:	07:00:03 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 15-1177 to the Committee on Business, Labor, and Technology. 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

07:00 PM

The committee adjourned.