House Committee on State, Veterans, & Military Affairs (03/07/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	03/07/2012	ATTENDANCE

Time:	01:34 PM to 06:46 PM	Baumgardner	X
		Casso	X
Place:	SupCt	Court	X
		Duran	X
This Meeting was called to order by		Joshi	X
	Representative Kerr J.	Liston	X
		Todd	*
This Report was prepared by		Coram	X
	Bo Pogue	Kerr J.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1263 HB12-1257 HB12-1267 HB12-1128		Amended, Laid Over Postponed Indefinitely Amended, Referred to the Committee of the Whole Postponed Indefinitely

01:35 PM -- House Bill 12-1263

The committee was called to order. A quorum was present. Representative Levy, prime sponsor, presented House Bill 12-1263, concerning reducing barriers to employment for people with criminal records. Representative Levy provided background on the difficulties facing those with criminal records in finding employment, and discussed the benefits of employment for this population. Representative Levy explained the effect of the bill, and discussed its potential benefits. Representative Levy responded to questions regarding the types of offenses covered by the bill. Discussion ensued regarding how the bill would treat a situation involving a homeless sex offender, as described by Representative Court.

01:47 PM

Discussion ensued regarding the potential hiring of persons with criminal records by the Department of Transportation under the bill. Representative Levy responded to questions regarding the effect of legislation similar to House Bill 12-1263 that is in effect in other states, and the origins of the bill. Discussion followed regarding the definition of moral turpitude as it pertains to criminal law, and the potential interpretation of departmental hiring guidelines in harmonization with the bill.

01:56 PM

The following persons testified regarding House Bill 12-1263:

01:56 PM -- Ms. Pamela Clifton, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Clifton discussed instances where people have made mistakes in the past, and these past mistakes have hindered their employment opportunities. She discussed her own experiences as a person with a criminal record, and the impact of having a criminal record on potential employment.

02:01 PM -- Professor Michael Sweig, representing the Institute for People with Criminal Records, testified in support of House Bill 12-1263. He provided background on the "ban the box" movement, which seeks to pass state and local legislation to alter consideration of criminal background in hiring. He provided anecdotes about his experiences as a person with a criminal record and an advocate for criminal justice reform. Professor Sweig discussed the effect of the bill, and the bill's potential benefits. He also discussed the concept of "equal justice under law," and reiterated some of the benefits to society of ensuring those with criminal records are able to seek employment. Professor Sweig responded to questions about the effect of legislation similar to House Bill 12-1263 that has passed in other jurisdictions.

02:14 PM

Professor Sweig responded to questions regarding the potential for enacting "ban the box" legislation at the local level, and successes in other jurisdictions with these laws in the area of employment retention by those with criminal backgrounds.

02:17 PM -- Mr. Hassan Latiff, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Mr. Latiff discussed his background, and the state jobs that would be suitable for those who have been in the corrections system. He discussed the effect and potential benefits of passing the bill, and the employment training received by inmates during incarceration.

02:23 PM -- Mr. Darrel Carson, representing the Colorado Criminal Justice Reform Coalition, testified in support of House Bill 12-1263. Mr. Carson discussed his experiences as a person with a criminal record attempting to gain employment.

02:28 PM -- Ms. Mary Claire Mulligan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Mulligan discussed efforts to mitigate criminal recidivism, and explained how employing those with criminal backgrounds assists in these efforts. She discussed her experiences as a defense attorney, and her interactions with those having criminal records who are highly qualified for employment.

02:32 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of House Bill 12-1263. Ms. Maes explained how employment of those with criminal records is beneficial, and discussed the need to reintegrate offenders into society. She discussed the disparate impact of the criminal justice system on minorities.

02:36 PM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in opposition to the bill. Mr. Gagliardi discussed the history of "ban the box" efforts in Colorado. He discussed certain deficiencies in the bill, include an overly broad title, and the potential for the bill's provisions to apply to employers other than the state. Mr. Gagliardi responded to questions regarding the position of the federation if the bill were amended to address his concerns, and the number of private-sector employers that employ those with criminal histories. He voiced opposition to mandates on employers. Discussion ensued regarding the potential for state contractors to be subject to the provisions of House Bill 12-1263.

02:46 PM

Discussion ensued regarding examples of restrictions on the hiring of those with criminal backgrounds by the state of Colorado, and the broadness of the bill title. Discussion followed regarding the potential for creating a pilot program based on House Bill 12-1263. Discussion turned to the specific state agencies and offices that would be subject to the bill, and the potential for amending the bill to include elected officials, such as the Attorney General, within the scope of the bill.

02:58 PM -- Ms. MaryKathryn Hurd, representing the Department of Personnel and Administration, testified in support of House Bill 12-1263. Ms. Hurd discussed hiring guidance supplied to state agencies by the department. Ms. Hurd responded to questions regarding how the Department of Personnel and Administration interacts with other agencies in employment matters. Ms. Hurd responded to further questions regarding exemptions from the provisions of the bill for certain state positions, and hiring processes observed by individual state agencies, including the Department of Transportation.

03:04 PM -- Mr. Mark Evans, representing the Office of the Public Defender, testified in support of the bill. Mr. Evans discussed current employment law governing employment decisions pertaining to those with criminal backgrounds, and explained how the bill codifies common law in this area. Mr. Evans responded to questions regarding the number of law enforcement contacts that ultimately result in convictions.

03:11 PM

Representative Levy explained the effect of prepared amendment L.001 (Attachment A).


BILL:	HB12-1263
TIME:	03:12:18 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

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


BILL:	HB12-1263
TIME:	03:13:21 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

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


BILL:	HB12-1263
TIME:	03:14:52 PM
MOVED:	Coram
MOTION:	Moved prepared amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	Baumgardner
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

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

03:15 PM

The committee recessed.

03:22 PM

House Bill 12-1263 was laid over.

03:23 PM -- House Bill 12-1257

Representative Kefalas, prime sponsor, presented House Bill 12-1257, concerning transparency in the delivery of health care services. Representative Kefalas explained the effect of the bill.

03:25 PM

The following persons testified regarding House Bill 12-1257:

03:25 PM -- Mr. Dan Anglin, representing the Rocky Mountain Employers Health Alliance, testified in opposition to the bill. Mr. Anglin expressed opposition to additional regulatory burdens in the health care industry, and explained why the bill will increase health care costs and create confusion for patients. He provided examples of these issues. Mr. Anglin responded to questions regarding how specific health care costs are identified to consumers, and the impact of the bill on health care costs due to administrative requirements. Mr. Anglin responded to further questions regarding health insurance coverage mandates, and whether the notifications required by the bill would constitute such a mandate.

03:36 PM

Mr. Anglin responded to questions about specific administrative health care costs.

03:37 PM -- Mr. Travis Barry, representing the Colorado Competitive Council, testified in opposition to House Bill 12-1257. Mr. Barry discussed the level of regulation in the health care industry, and the potential for the bill to lead to increased litigation. Mr. Barry discussed the potential applicability of the sunrise process to the bill.

03:40 PM -- Mr. Marc Reece, representing the Colorado Association of Health Plans, testified in opposition to the bill. Mr. Reece provided further explanation about the potential administrative burdens that the health care industry would experience as a result of the bill, and discussed efforts in the health care industry to increase billing transparency, providing specific examples. He addressed earlier discussion about price referencing. Mr. Reece responded to questions about a recent fine assessed to Denver Health concerning billing fraud. Discussion ensued regarding lobbying costs in the health care industry, and the potential administrative costs associated with the bill.

03:53 PM

Discussion ensued regarding efforts to bring down health care costs, and the role of lobbying in public policy.

03:56 PM -- Dr. Jeremy Rodgers, representing patients, testified in support of House Bill 12-1257. Dr. Rodgers discussed situations in which health care consumers have been charged more than the cost of the services provided, as reported in a recent television news story. Dr. Rodgers provided clarification about the arrangement among various health care entities that results in health care service up-charging, and explained the effect of the bill as it pertains to this up-charging.

04:05 PM -- Ms. Ashley Wheeland, representing the Colorado Consumer Health Initiative, testified in support of the bill. She discussed the bill's transparency benefits for health care consumers.

04:07 PM -- Mr. Bob Semro, representing the Bell Policy Center, testified in support of House Bill 12-1257. Mr. Semro discussed the costs borne by health care consumers as a result of billing up-charges, and explained how the bill helps to better inform consumers about health care costs. Mr. Semro responded to questions about the frequency with which consumers are subjected to health care up-charges.

04:10 PM

No amendments were offered to the bill. Representative Kefalas addressed claims made during testimony, and provided closing remarks in support of House Bill 12-1257. Representative Kefalas distributed a letter to the committee that he sent to the Department of Regulatory Agencies (Attachment D). Discussion ensued regarding the merits of the bill. Representative Kefalas requested that the bill be withdrawn.


BILL:	HB12-1257
TIME:	04:20:44 PM
MOVED:	Court
MOTION:	Moved to postpone indefinitely House Bill 12-1257. The motion passed on a vote of 8-0.
SECONDED:	Todd
		VOTE
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Excused
	Joshi	Yes
	Liston	Yes
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:25 PM

The committee recessed.

04:35 PM -- House Bill 12-1267

Representative Coram, prime sponsor, presented House Bill 12-1267, concerning the simplification of certain preelection procedures in order to reduce the cost of administering elections.

04:38 PM

The following persons testified regarding House Bill 12-1267:

04:38 PM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to the bill. She expressed concerns about consolidating pre-election mailings and the approval process in the bill for establishing county vote centers.

04:40 PM -- Ms. Jenny Weyel, representing Colorado Progressive Action, testified in opposition to the bill. Ms. Weyel discussed the importance of the voter information card, and expressed concern about a provision of the bill that makes the card nonforwardable. She opposed the unnecessary barriers to the voting process created by the bill.

04:44 PM -- Ms. Margarita Gomez, representing 9 to 5 Association of Working Women, testified in opposition to House Bill 12-1267. Ms. Gomez opposed a provision in the bill that shortens the early voting period, and discussed the importance of early voting to certain populations. Despite a forthcoming amendment to eliminate the provision, her organization remains in opposition to the bill.

04:46 PM -- Ms. Donetta Davidson, representing Colorado County Clerks Association, testified in support of the bill, as amended to remove the early voting provision. She discussed problems associated with the voter information card being forwardable, and explained the benefit of making it nonforwardable mail. Discussion ensued regarding how a county clerk verifies a new address if a voter information card is nonforwardable. Discussion followed regarding the information on the voter information card, and how voters are made aware of their voting precinct when they change addresses.

04:56 PM

Discussion continued regarding the information on the voter information card, and the merits of forwarding the card for the purposes of informing voters who have relocated about their proper polling place. Discussion followed regarding systems in place to ensure that voters are not double-registered based on former and current addresses.

05:02 PM -- Ms. Christine Watson, representing the League of Women Voters, testified in support of House Bill 12-1267. Ms. Watson supported changes to be made by forthcoming amendments. Ms. Watson responded to questions regarding her organization's position concerning a provision in the bill about the use of vote centers by political subdivisions.

05:06 PM -- Mr. Rich Coolidge, representing the Secretary of State, testified in support of the bill. Mr. Coolidge discussed the fiscal impact of the bill, and explained the reasons behind changing the voter information card to nonforwardable mail. Mr. Coolidge discussed the provision in the bill loosening restrictions on establishing vote centers.

05:10 PM

Representative Coram explained the effect of prepared amendment L.001 (Attachment E). Ms. Kate Meyer, Office of Legislative Legal Services, provided clarification about prepared amendment L.002.


BILL:	HB12-1267
TIME:	05:10:40 PM
MOVED:	Coram
MOTION:	Moved prepared amendment L.001 (Attachment E). The motion was withdrawn.
SECONDED:	Baumgardner
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

05:12 PM


BILL:	HB12-1267
TIME:	05:12:20 PM
MOVED:	Coram
MOTION:	Moved prepared amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:	Court
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

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


BILL:	HB12-1267
TIME:	05:12:41 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.003 (Attachment G). The motion passed without objection.
SECONDED:	Baumgardner
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

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

05:13 PM

Representative Coram provided closing remarks in support of House Bill 12-1267.


BILL:	HB12-1267
TIME:	05:14:25 PM
MOVED:	Coram
MOTION:	Moved to refer House Bill 12-1267, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 5-3.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Casso	No
	Court	No
	Duran	Excused
	Joshi	Yes
	Liston	Yes
	Todd	No
	Coram	Yes
	Kerr J.	Yes

Final YES: 5 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:16 PM -- House Bill 12-1128

Representative Miklosi, prime sponsor, presented House Bill 12-1128, concerning a prohibition on discrimination in places of public accommodation that is based on unconventional attire. Representative Miklosi provided background on his reasons for running the legislation. Representative Miklosi responded to questions regarding the infringement of property rights by the bill, and the "micromanagement" of personal conduct under the bill. Representative Miklosi responded to further questions about the equation of those who wear unconventional attire with other populations that have been discriminated against.

05:26 PM

The following persons testified regarding House Bill 12-1128:

05:26 PM -- Mr. Ray Hoskinson, representing Veterans of Vietnam, testified in support of the bill. Mr. Hoskinson requested a compromise on the bill, and discussed discrimination by places of public accommodation based on the wearing of biker garb. Discussion ensued regarding past violence between opposing motorcycle organizations, and the changing culture among these organizations. Discussion followed regarding the stereotyping of those who wear motorcycle garb.

05:37 PM

Discussion ensued regarding differing conventions of dress among differing populations, and the potential for additional groups to seek the protections created by the bill based on their attire. Mr. Hoskinson discussed efforts to pass legislation similar to House Bill 12-1128 in other states.

05:43 PM -- Mr. Danny Barton, representing himself, testified in support of the bill. Mr. Barton addressed concerns expressed earlier about potential inter-organizational violence, and the potential for other groups to seek the bill's protections based on their attire. Mr. Barton discussed discrimination against motorcycle organizations by businesses based on attire, and pressures placed on businesses by law enforcement to not allow those wearing biker colors in their establishments. Mr. Barton responded to questions regarding establishments that have posted signs expressing prohibitions against wearing biker colors. Discussion returned to past violence among motorcycle organizations, the changing culture among these organizations, and the public awareness to be gained from hearing House Bill 12-1128.

05:53 PM

Discussion ensued regarding an establishment in Aurora that prohibits the wearing of biker garb, and the need to educate the public and law enforcement about motorcycle organizations. Discussion followed regarding signs in certain establishments stating that they have the right to refuse service, contrary to law.

05:59 PM

Mr. William Jones, representing the Rocky Mountain Riders and the Colorado Confederation of Clubs, testified in support of House Bill 12-1128. Mr. Jones discussed case law associated with discrimination against certain populations by businesses, and the obligations placed on places of public accommodation to allow all people into their establishments. Discussion returned to the public perception of motorcycle organizations, and the duty of these organizations to change this perception.

06:10 PM -- Mr. Mike Griewisch, representing the New Sack Sober Souls Motorcycle Club Denver, testified in support of the bill. Mr. Griewisch discussed public perception of motorcycle organizations, and described his experiences of discrimination based on motorcycle attire.

06:14 PM -- Flatop Mike, representing the Sober Souls Motorcycle Club, testified in support of House Bill 12-1128. He discussed efforts to change public perception with respect to motorcycle organizations. He discussed his interaction with security guards, during which he felt he was discriminated against.

06:17 PM -- Mr. Michael Dougherty, representing the Attorney General's Office, testified in opposition to the bill. Mr. Dougherty outlined state and federal anti-discrimination law, and the basis for creating classes protected from discrimination. Mr. Dougherty discussed public safety issues associated with rival interests, and the ability of private entities to reject patrons based on these rivalries.

06:22 PM -- Mr. Ron Hall, representing himself, testified in opposition to House Bill 12-1128. Mr. Hall discussed the need to reduce mandates on private businesses, and varying interpretations of unconventional attire. Mr. Hall discussed dress codes established by certain businesses, and the potential impact of the bill on business owners.

06:29 PM -- Mr. James Margiotta, representing the Colorado Charity Alliance, testified in support of the bill. Mr. Margiotta discussed discrimination against motorcycle organizations.

06:32 PM

Representative Miklosi explained the effect of prepared amendment L.002 (Attachment H).


BILL:	HB12-1128
TIME:	06:32:46 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:	Court
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

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

06:33 PM

Representative Miklosi provided closing remarks in support of House Bill 12-1128. Various committee members explained their support for, or opposition to, the bill.


BILL:	HB12-1128
TIME:	06:35:37 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 12-1128, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-5.
SECONDED:	Todd
		VOTE
	Baumgardner	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	No
	Liston	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

06:45 PM


BILL:	HB12-1128
TIME:	06:45:21 PM
MOVED:	Joshi
MOTION:	Moved to postpone indefinitely House Bill 12-1128. The motion passed on a vote of 6-3.
SECONDED:	Coram
		VOTE
	Baumgardner	Yes
	Casso	Yes
	Court	No
	Duran	No
	Joshi	Yes
	Liston	Yes
	Todd	No
	Coram	Yes
	Kerr J.	Yes

Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:46 PM

The committee adjourned.