Senate Committee on State, Veterans, & Military Affairs (04/22/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/22/2015	ATTENDANCE

Time:	01:43 PM to 05:07 PM	Hill	X
		Jones	X
Place:	SCR 356	Steadman	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:
Conf 15-Confirmation of Veterans Affairs - Colorado Board of HB15-1233 HB15-1033 HB15-1030 HB15-1286 HB15-1291		Refer to the Full Senate Amended, Referred to Appropriations Referred to Appropriations Referred to Appropriations Postponed Indefinitely Postponed Indefinitely

01:44 PM -- Confirmation of Confirmation of Veterans Affairs - Colorado Board of

Jack Rudder, appointee to the Colorado Board of Veterans Affairs, introduced himself to the committee.


BILL:	Conf 15-Confirmation of Veterans Affairs - Colorado Board of
TIME:	01:45:00 PM
MOVED:	Sonnenberg
MOTION:	Refer the confirmation of Bennie "Jack" Rudder to the Colorado Board of Veterans Affairs to the Full Senate with a favorable recommendation, and with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Steadman	Yes
	Sonnenberg	Yes
	Scott	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:46 AM -- HB15-1233

Senator Aguilar, sponsor, presented House Bill 15-1233 to the committee. The bill creates the Respite Care Task Force (task force) within the Department of Human Services (DHS). The majority and minority leadership of the Colorado General Assembly must appoint nine members by July 1, 2015, and the task force must meet by July 15, 2015. Task force members will serve without compensation or reimbursement for expenses.

Under the bill, the DHS will provide staff support to the task force. The task force must study the dynamics of the supply and demand of respite care services in Colorado, including, but not limited to:

• access to respite care services;
• the types of services that are most in demand and the services that are currently available;
• the number of respite caregivers in the state and their locations;
• strategies to increase the number of respite caregivers in the state;
• the funding of respite care services; and
• other respite care issues as deemed appropriate.

The task force may also consider policies that require coordination among state agencies in the licensing and payment for respite care services. By December 1, 2015, the task force must submit a report of their findings and recommendations to the General Assembly. The task force repeals on July 1, 2016.

Senator Aguilar provided two information packets (Attachments A and B) and distributed amendment L.010 (Attachment C). She discussed her experience as a caregiver and the importance of studying caregiver issues.

15SenateState0422AttachA.pdf

15SenateState0422AttachB.pdf

15SenateState0422AttachC.pdf

01:49 PM -- Gavin Attwood, representing the Brain Injury Alliance of Colorado, testified in support of the bill. He discussed the need to investigate problems caregivers face and create more opportunities for respite care.

01:51 PM -- Marijo Rymer, representing the Arc of Colorado, testified in support of the bill. She described her organization and explained the importance of respite support. She discussed administrative rules that currently limit access to respite care.

01:54 PM -- Lynn Robinson, representing Easter Seals Colorado and the Colorado Respite Coalition, testified in support of the bill. She discussed the benefits of respite care, noting in particular that it reduces hospitalizations. She provided a written copy of her testimony (Attachment D). She responded to a question from Senator Hill.

15SenateState0422AttachD.pdf

01:59 PM -- Linda Mitchell, representing the Alzheimer's Association of Colorado, testified in support of the bill. She discussed the physical and emotional stress caused by full-time caregiving for Alzheimer's patients.

02:01 PM -- Janis De Baca, representing herself, testified in support of the bill. She described her experience caring for her son with a developmental disability and helping other families who provide this kind of care.

02:05 PM

Senator Aguilar explained that amendment L.010 removes the legislative members from the commission.


BILL:	HB15-1233
TIME:	02:06:22 PM
MOVED:	Jones
MOTION:	Adopt amendment L.010. The motion passed without objection.
SECONDED:
		VOTE
	Hill
	Jones
	Steadman
	Sonnenberg
	Scott


YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:06 PM

Senator Aguilar asked the bill's supporters to stand, and she acknowledged them. She wrapped up her presentation of the bill.

Senator Steadman and Senator Aguilar discussed a Long Bill line item designed to address this issue. Senator Steadman discussed the bill.

The committee recessed.

02:24 PM

The committee reconvened.

Committee members commented on the bill.


BILL:	HB15-1233
TIME:	02:25:51 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1233, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Steadman	Yes
	Sonnenberg	Yes
	Scott	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:27 PM -- HB15-1033

Senator Crowder, sponsor, presented House Bill 15-1033 to the committee. The reengrossed bill creates a strategic planning group within the Department of Local Affairs (DOLA) to study issues related to the increasing number of Coloradans age 50 and older. The group will consist of 23 voting members to be appointed by the Governor by August 1, 2015, and the bill specifies the required composition of the group. Members will be appointed for four years, with some exceptions. The bill requires that the group hire a project administrator and a project assistant to support their work as needed. The group may also contract with third-party organizations to achieve their stated objectives. By November 1, 2016, the group must produce present to the Governor and the General Assembly comprehensive data and specific recommendations to develop an action plan on aging in Colorado through the year 2030. The bill outlines specific areas of study and the areas recommendations must address. During the 2016 and 2017 legislative sessions, the group must submit oral reports on their work and any preliminary findings or recommendations to the Joint Budget Committee. By November 30, 2016, the group must submit their strategic action plan and issue final recommendations to the Governor, the General Assembly, and any affected state agencies. The group will also submit two updates to their strategic action plan, one in 2018 and one in 2020, if sufficient funding is available. The bill also creates the Strategic Action Plan on Aging Cash Fund. The group can accept gifts, grants, and donations and the monies in the fund are continuously appropriated. The group is repealed on July 1, 2022.

Senator Crowder explained that the strategic action plan will help address a critical issue facing the state.

02:28 PM -- Jayla Sanchez-Warren, representing the Denver Regional Council of Governments (DRCOG), testified in support of the bill. She provided a packet of information to committee members (Attachment E) and discussed the data in the packet. She also provided a letter of support from Club 20 (Attachment F).

15SenateState0422AttachE.pdf

15SenateState0422AttachF.pdf

02:34 PM -- Cathy Noon, Mayor of Centennial representing the DRCOG Aging Advisory Committee, testified in support of the bill. She discussed the older population of Centennial and the services they need. She stated that these are not services government needs to provide, but she noted that government can help bring service providers together.

02:38 PM -- Ricardo Rocha, representing the Colorado Latino Leadership, Advocacy, and Research Organization (CLLARO), testified in support of the bill. He discussed caregiving in the Latino community and the challenges it poses.

02:40 PM -- Ben Moultrie, representing the Colorado Commission on Aging, testified in support of the bill. He listed benefits of creating a strategic planning group on aging.

02:43 PM -- Linda Mitchell, representing the Alzheimer's Association of Colorado, testified in support of the bill. She discussed the impact of Alzheimer's disease in Colorado and the need for coordinated study on issues affecting the aging population.

02:45 PM -- Rich Jones, representing the Bell Policy Center, testified in support of the bill. He explained that the aging population poses significant challenges for the state of Colorado.

02:48 PM -- Karen Brown, representing AARP, testified in support of the bill. She described her experience as a caregiver for her parents.

02:51 PM -- Ed Shackelford, representing the Colorado Senior Lobby, testified in support of the bill. He provided committee members with a packet of information (Attachment G), and he discussed the importance of addressing issues that affect seniors. He stated that industry would solve some of these problems.

15SenateState0422AttachG.pdf

02:55 PM -- Dianna Orf, representing the Associated Governments of Northwest Colorado, testified in support of the bill. She explained the importance of addressing long term issues related to aging.

Senator Steadman discussed this testimony with Ms. Orf. Senator Scott and Ms. Orf discussed the existing Commission on Aging.

03:00 PM

Senator Crowder wrapped up his presentation of the bill. He noted various issues the Strategic Planning Group could address.

Committee members commented on the bill.

03:05 PM

The committee recessed.

03:09 PM

The committee reconvened.


BILL:	HB15-1033
TIME:	03:09:55 PM
MOVED:	Steadman
MOTION:	Refer House Bill 15-1033 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Steadman	Yes
	Sonnenberg	No
	Scott	Yes


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

03:11 PM -- HB15-1030

Senator Crowder, sponsor, presented House Bill 15-1030 to the committee. This reengrossed bill creates the Employment Services for Veterans Pilot Program (program) in the Colorado Department of Labor and Employment (CDLE). The program includes veterans services related to job retention, mediation with employers, mentoring, and career counseling. The program is available for up to 20 veterans who have not been dishonorably discharged. The CDLE must develop a request for proposals (RFP) to solicit, through a competitive bid process, a qualified nonprofit agency to operate the program as a contractor. The CDLE administers the program and is tasked with evaluating periodic reports from the contractor and communicating the results of its evaluation to the General Assembly's business committees. The bill is repealed as of January 1, 2018.

03:14 PM -- Denise Krug, representing Discover Goodwill, testified in support of the bill. She described her organization's program to help train veterans as diesel and fleet maintenance technicians, and she provided a handout on the program (Attachment H). She discussed the components of successful workforce development programs.

15SenateState0422AttachH.pdf

03:18 PM

Senator Crowder wrapped up his presentation of the bill.


BILL:	HB15-1030
TIME:	03:19:42 PM
MOVED:	Jones
MOTION:	Refer House Bill 15-1030 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
		VOTE
	Hill	Yes
	Jones	Yes
	Steadman	Yes
	Sonnenberg	No
	Scott	Yes


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

03:21 PM -- HB15-1286

Senator Carroll, sponsor, presented House Bill 15-1286 to the committee. This bill allows the court to require prosecution in an alleged offense that involves police misconduct resulting in serious bodily injury or death if it finds that the prosecuting attorney's decision not to prosecute was an abuse of discretion.

Committee members received a fact sheet on the bill (Attachment I). Senator Carroll discussed cases of police violence in Colorado and nationally. She expressed concern that law enforcement officials who kill unarmed victims are rarely charged. She stated that the bill would help avoid conflicts of interest.

15SenateState0422AttachI.pdf

03:28 PM -- Peggy Harper, representing herself, testified in support of the bill. She discussed her concerns about police shootings, noting that the police are not forthcoming when shootings occur.

Senator Steadman responded to this testimony.

03:34 PM -- Tom Raynes, representing the Colorado District Attorneys' Council, testified against the bill. He explained that the bill does not address independent investigation. He stated that the bill is redundant, because current statute already applies to any crime where a district attorney opts not to file charges. Mr. Raynes explained that the arbitrary and capricious standard in existing law is reasonable.

Senator Steadman and Mr. Raynes discussed the impeachment and recall of district attorneys. Discussion between Senator Steadman and Mr. Raynes continued.

03:42 PM -- Jason Warf, representing the Southern Colorado Cannabis Council, testified in support of the bill. He described his experience interacting with law enforcement.

03:44 PM -- Valerie Schlecht, representing herself, testified in support of the bill. She described the trial in the Marvin Booker case against the Denver Sheriff's Department. She stated that district attorneys will not be arbitrary in evaluating police action, making the arbitrary and capricious standard not appropriate in these cases. Ms. Schlecht noted that the bill is necessary to improve the community's confidence in its policing.

03:48 PM -- Robert Lopez, representing the Colorado Latino Forum and the Colorado Progressive Coalition, testified in support of the bill. He stated that the bill would help hold law enforcement accountable.

03:50 PM -- Alex Landau, representing the Colorado Progressive Coalition, testified in support of the bill. He described interactions with law enforcement in Denver. He noted the importance of improving transparency in police shootings.

Senator Steadman and Mr. Landau discussed Mr. Landau's experience with police misconduct.

03:57 PM -- Pastor Terrence Hughes, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. He explained that the civil court process currently provides some justice, but stated that a better criminal process is needed.

04:02 PM

Senator Carroll wrapped up her presentation of the bill. She discussed police shootings and the need to rebuild trust between the community and law enforcement. She responded to opposition testimony.

Committee members discussed the bill with Senator Carroll.

04:11 PM

Committee members commented on the bill. Senator Carroll responded to some of these comments.


BILL:	HB15-1286
TIME:	04:18:28 PM
MOVED:	Steadman
MOTION:	Refer House Bill 15-1286 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Steadman	Yes
	Sonnenberg	No
	Scott	No


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


BILL:	HB15-1286
TIME:	04:18:48 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1286 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
	Steadman	No
	Sonnenberg	Yes
	Scott	Yes


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

04:18 PM -- HB15-1291

Senator Guzman, sponsor, presented House Bill 15-1291 to the committee. The reengrossed bill prohibits a peace officer from intentionally using a chokehold, defined as wrapping an arm around or gripping the neck in a manner that limits or cuts off either the flow of air by compressing the windpipe or the flow of blood through the carotid arteries on each side of the neck. Exceptions are provided when the peace officer has reasonable grounds to believe that he or she or another person is in imminent danger of death or serious bodily injury. Violations are punishable as a class 1 misdemeanor.

Senator Guzman described the Marvin Booker case in Denver and the Eric Garner case in New York, explaining that they demonstrate problems with the use of chokeholds. She discussed the House amendments to the bill, which allow the use of chokeholds when safety is otherwise threatened.

04:28 PM -- Valerie Schlecht, representing herself, testified in support of the bill. She discussed the use of a chokehold on Marvin Booker, stating that it is difficult to do a chokehold correctly.

04:31 PM -- Mike Violette, representing the Colorado Fraternal Order of Police, testified on the bill. He explained that after the House amendments, his organization is neutral on the bill but will not support it. He noted that this particular use of force is not widely used and stated that the bill is unnecessary.

04:35 PM -- Robert Lopez, representing the Colorado Latino Forum and the Colorado Progressive Coalition, testified in support of the bill.

Senator Scott and Mr. Lopez discussed the possible repercussions of eliminating chokeholds as an option for law enforcement.

04:37 PM -- Peggy Harper, representing herself, testified in support of the bill. She explained that various police actions run together. She expressed concern that law enforcement keeps getting away with violence.

04:41 PM -- Pastor Terrence Hughes, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. He expressed frustration with how the black community is treated in public forums.

04:44 PM -- George Walker, representing himself as a retired psychologist, testified in support of the bill. He discussed his experience working in psychiatric hospitals, and he described effective restraint techniques. He stated that chokeholds should never be used.

04:49 PM -- Brother Jeff Fard, representing himself, testified in support of the bill. He discussed his involvement in efforts to reform police practice in Denver. Senator Scott discussed this testimony with Mr. Fard.

04:54 PM -- Alex Landau, representing the Colorado Progressive Coalition, testified in support of the bill. He noted that some law enforcement agencies in the state have already banned chokeholds. He discussed interactions between law enforcement and the community.

04:59 PM -- Bill Clayton, representing the Colorado and Denver Police Protection Associations, testified against the bill. He described two types of chokeholds and their use. He discussed training on the carotid chokehold technique and its usefulness as a law enforcement tool.

05:02 PM

Senator Guzman wrapped up her presentation of the bill. She suggested that the bill would help improve the relationship between law enforcement and those who come in contact with them.


BILL:	HB15-1291
TIME:	05:07:08 PM
MOVED:	Hill
MOTION:	Refer House Bill 15-1291 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Steadman	Yes
	Sonnenberg	No
	Scott	No


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


BILL:	HB15-1291
TIME:	05:07:32 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1291 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
	Steadman	No
	Sonnenberg	Yes
	Scott	Yes


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

05:07 PM

The committee adjourned.