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Colorado Senate 2011 Legislative Day 118

Page 1 SENATE CALENDAR Sixty-Eighth General Assembly Monday, May 9, 2011 STATE OF COLORADO 118th Legislative Day First Regular Session Hour of convening 10:00 A.M. Monday, May 9, 2011 SPECIAL ORDERS - SECOND READING OF BILLS SB11-032 by Senator(s) Johnston; --Concerning a requirement that the public utilities commission promulgate rules to establish an on-bill financing program for clean energy improvements to real property. (Amended in Special Orders as printed in Senate Journal, May 4, 2011, page 1018.) (Laid Over from May 6, 2011.) HB11-1297 by Representative(s) Murray; also Senator(s) Cadman--Concerning the statewide internet portal authority. (Laid Over from May 6, 2011.) HB11-1072 by Representative(s) McNulty, Stephens, Liston; also Senator(s) Morse--Concerning the responsibilities of a designated representative of the proponents of an initiative petition. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1086.) THIRD READING OF BILLS--FINAL PASSAGE--CONSENT CALENDAR HB11-1288 by Representative(s) Liston and Pabon, DelGrosso, Gardner D., Holbert, McNulty, Miklosi, Pace, Peniston, Priola, Soper, Swalm, Swerdfeger, Tyler, Williams A., Wilson; also Senator(s) Morse, Aguilar, Shaffer B., Tochtrop, Jahn, Harvey--Concerning unemployment insurance solvency reform, and, in connection therewith, enacting measures to enhance the solvency of the unemployment compensation fund, and making an appropriation. HB11-1091 by Representative(s) Liston, Balmer, Kerr J., Barker, Bradford, Court, Joshi, Looper, Murray, Szabo; also Senator(s) Morse, Harvey, Tochtrop--Concerning the sales tax exemption for purchases of medical equipment. HB11-1305 by Representative(s) DelGrosso; also Senator(s) Johnston--Concerning the adjustment of the ratio of valuation for assessment for residential real property. SB11-272 by Senator(s) Hodge and Aguilar, Bacon, Foster, Giron, Guzman, Johnston, White, Williams S.; also Representative(s) Summers and Fields, Casso, Duran, Fischer, Gardner D., Gerou, Hamner, Jones, Kefalas, Labuda, Lee, McCann, Pabon, Peniston, Priola, Riesberg, Ryden, Schafer S., Solano, Soper, Swerdfeger, Todd, Williams A.--Concerning the voluntary contribution designation benefiting the adult stem cells cure fund that appears on the state individual income tax return forms, and, in connection therewith, extending the period for the contribution designation. HB11-1157 by Representative(s) Casso; also Senator(s) White--Concerning the exemption from the heavy- duty diesel inspection program of heavy-duty diesel vehicles based outside the program area as part of a fleet registered in the program area, and making an appropriation therefor. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, pages 1080-1081.) Page 2 SB11-263 by Senator(s) Tochtrop, Brophy, Jahn; also Representative(s) Becker--Concerning clarification of the state sales tax exemption for sales of medical products. CONSIDERATION OF MEMORIALS--CONSENT CALENDAR SJM11-003 by Senator(s) Boyd; also Representative(s) Summers--Memorializing Congress to designate pseudoephedrine and ephedrine as prescription-only drugs. (Laid Over from May 6, 2011.) SJM11-004 by Senator(s) Brophy, Carroll; also Representative(s) Solano and Massey, Sonnenberg, Kagan, Miklosi--Memorializing Congress to repeal the provisions of the federal "No Child Left Behind Act of 2001" when reauthorizing the federal "Elementary and Secondary Education Act of 1965". (Laid Over from May 6, 2011.) CONSIDERATION OF GOVERNOR'S APPOINTMENTS--CONSENT CALENDAR MEMBERS OF THE WORKERS' COMPENSATION COST CONTAINMENT BOARD for terms expiring December 13, 2013: Tasha R. Greene, Ault, Colorado, representing executives with good risk management experience in the insurance industry, and as Unaffiliated, reappointed; Patrick W. Hagge, Fort Collins, Colorado, representing employers with good risk management experience with respect to their workers' compensation insurance, and as a Republican, reappointed. (Business Labor and Technology recommends the above appointments be confirmed.) MEMBERS OF THE COLORADO CIVIL RIGHTS COMMISSION for terms expiring March 13, 2011: Raju Jairam of Fort Collins, Colorado, to serve as representative of the business community, and as an Unaffiliated, reappointed; Katina C. Banks of Denver, Colorado, to serve as a representative of the community at large and as a Democrat, reappointed. (State, Veterans, and Military Affairs recommends the above appointments be confirmed.) MEMBER OF THE STATE AGRICULTURAL COMMISSION for a term expiring March 1, 2015: Joanne Marilynn Stanko, Steamboat Springs, Colorado to serve as a Democrat and at-large member, replacing Lisa Gail Palmer, appointed. (Agriculture, Natural Resources, and Energy recommends the above appointment be confirmed.) Page 3 MEMBERS OF THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS for terms expiring May 1, 2015: Tim E. Thatcher of Pueblo, Colorado, to serve as a representative of the non-confinement cattle industry, reappointed; Tracy Lungwitz of Yuma, Colorado, to serve as a representative of the confinement cattle industry, reappointed. (Agriculture, Natural Resources, and Energy recommends the above appointments be confirmed.) MEMBERS OF THE COLORADO WILDLIFE HABITAT STAMP COMMITTEE for a term expiring December 31, 2011: Bryan J. Martin of Westminster, Colorado, to serve as a representative of national or regionally recognized conservation organizations whose missions are focused on nongame wildlife and whose membership is composed primarily of nongame wildlife users and occasioned by the resignation of Jennifer A. Clanahan of Denver, Colorado, appointed. for terms expiring December 31, 2014: Michelle Zimmerman of Denver, Colorado, to serve as a representative of national or regionally recognized conservation organizations whose missions are focused on nongame wildlife and whose membership is composed primarily of nongame wildlife users, reappointed; Gary C. Miller of Fort Collins, Colorado, to serve as a sportsperson, reappointed; Kelly D. Van Cleave of Erie, Colorado, to serve as a sportsperson, appointed; Allen L. Moores of Gunnison, Colorado, to serve as a sportsperson, appointed; (Agriculture, Natural Resources, and Energy recommends the above appointments be confirmed.) MEMBERS OF THE CHARTER SCHOOL INSTITUTE BOARD for a term expiring July 1, 2013: Patricia Mae Clouber of Leadville, Colorado, a Republican who has experience as a public school teacher, to fill the vacancy occasioned by the resignation of Celeste C. Di Iorio of Fort Collins, Colorado, appointed; for terms expiring July 1, 2014: Wayne D. Eckerling of Denver, Colorado, a Democrat who has experience as a public school teacher and as a public school administrator working with charter schools, reappointed; (Education recommends the above appointments be confirmed.) Page 4 MEMBERS OF THE STATE BOARD OF HEALTH for a term expiring March 1, 2013; Commissioner Crestina Maria Martinez, San Acacio, Colorado, a resident of the 3rd Congressional District and a Democrat, appointed; for terms expiring March 1, 2015: Susan L. Warren, Denver, Colorado, a resident of the 1st Congressional District and a Democrat, appointed; Dr. Christopher Scott Stanley, Arvada, Colorado, a resident of the 7th Congressional District and a Republican, appointed. Laura J. Davis, Westminster, Colorado, a resident of the 2nd Congressional District and a Republican, reappointed; Dr. Christine Rose Nevin-Woods, Pueblo, Colorado, a resident of the 3rd Congressional District and a Democrat, reappointed; (Health and Human Services recommends the above appointments be confirmed.) MEMBER OF THE UNIVERSITY OF COLORADO HOSPITAL AUTHORITY BOARD OF DIRECTORS From the First Congressional District: Richard D. Krugman, MD, for a term effective March 1, 2011 continuing, as long as Dr. Krugman holds the position of Vice Chancellor of Health Affairs of the University of Colorado Anschutz Medical Campus, until February 28, 2015 (or until his successor is appointed by the Board of Regents). (Health and Human Services recommends the above appointment be confirmed.) MEMBER OF THE AIR QUALITY CONTROL COMMISSION for terms expiring January 31, 2014: Saeed G. Barhaghi, PhD, PE of Centennial, Colorado to serve as a member with scientific experience and as an Unaffiliated, appointed; (Health and Human Services recommends the above appointment be confirmed.) THIRD READING OF BILLS - FINAL PASSAGE SB11-267 by Senator(s) Schwartz, Shaffer B., Bacon, Foster, Giron, Guzman, Heath, Hodge, Jahn, Johnston, King S., Nicholson, Roberts, Tochtrop, White, Williams S.; also Representative(s) Coram and Hamner, Court--Concerning measures to promote forest health, and, in connection therewith, creating the Colorado forest biomass use work group and promoting the creation of sustainable market-based models for active forest management and woody biomass energy development. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1060.) Page 5 SB11-270 by Senator(s) Nicholson; also Representative(s) Balmer--Concerning the collection of charitable solicitations from passing motorists on a public roadway by local government public safety personnel. SB11-251 by Senator(s) Nicholson; also Representative(s) Looper--Concerning the authority of the division of fire safety within the department of public safety, and making an appropriation in connection therewith. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1060.) HB11-1265 by Representative(s) Stephens, Waller; also Senator(s) Johnston--Concerning the filing of claims for refunds of sales or use tax, and making an appropriation therefor. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1061.) HB11-1105 by Representative(s) Acree, Balmer, Barker, Baumgardner, Court, Fields, Holbert, Joshi, Kagan, Kerr J., Looper, Massey, McCann, Priola, Todd; also Senator(s) White, Kopp, King S., Tochtrop--Concerning assaults against medical care providers. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1061.) HB11-1242 by Representative(s) Ferrandino; also Senator(s) Nicholson--Concerning the provision of integrated health care services pursuant to the Colorado medical assistance program, and making an appropriation therefor. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, pages 1061-1062.) SB11-271 by Senator(s) Shaffer B.; also Representative(s) Pace--Concerning the prohibition of deceptive trade practices in the solicitation of orders for retail florist services. SB11-273 by Senator(s) Steadman; also Representative(s) Massey--Concerning authorization to consume alcohol beverages within a festival area. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, pages 1082-1084.) HB11-1188 by Representative(s) Liston; also Senator(s) Newell--Concerning franchise agreements for a dealer to sell vehicles. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1085.) HB11-1032 by Representative(s) Lee; also Senator(s) Newell--Concerning restorative justice. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1085.) HB11-1277 by Representative(s) Massey and Solano; also Senator(s) Bacon--Concerning statutory changes involving K-12 education, and making an appropriation in connection therewith. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1085.) HB11-1195 by Representative(s) Gardner B., Ryden; also Senator(s) Newell--Concerning the voluntary licensure of private investigators, and making an appropriation therefor. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, pages 1085-1086.) HB11-1295 by Representative(s) Acree, Scott, Solano; also Senator(s) Newell, Roberts--Concerning voluntary contributions on the state individual income tax return form, and, in connection therewith, requiring the department of revenue to periodically post the amount of donations received and requiring that a voluntary contribution designation line for the Colorado multiple sclerosis fund appear on the state individual income tax return form, and making an appropriation therefore. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1086.) HB11-1293 by Representative(s) Stephens and Murray; also Senator(s) Jahn and Newell, Spence-- Concerning the repeal of House Bill 10-1192 regarding the state sales and use tax of standardized software on July 1, 2012, and making an appropriation therefor. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1086.) Page 6 HB11-1250 by Representative(s) Acree, Balmer, Conti, Joshi, Ramirez, Scott; also Senator(s) Renfroe, Harvey, King K., Lambert--Concerning a prohibition on ingestible medical marijuana-infused products. (Amended in Special Orders as printed in Senate Journal, May 6, 2011, page 1086.) GENERAL ORDERS - SECOND READING OF BILLS HB11-1268 by Representative(s) Levy; also Senator Nicholson--Concerning penalties for traffic offenses involving alcohol and drugs. (Laid Over from May 6, 2011.) SB11-168 by Senator(s) Aguilar, Bacon, Carroll, Foster, Giron, Guzman, Heath, Johnston, Morse, Nicholson, Steadman, Tochtrop; also Representative(s) Kefalas, Court, Fields, Fischer, Gardner D., Hullinghorst, Jones, Kagan, Levy, McCann, Miklosi, Pace, Solano, Tyler-- Concerning the creation of the Colorado health care authority for the purpose of designing a health care cooperative. (Business, Labor and Technology recommends the bill be amended as printed in Senate Journal, March 1, 2011, page 348.) (Laid Over from May 6, 2011.) HB11-1217 by Representative(s) Acree, Joshi, Kerr A., Stephens, Summers; also Senator(s) Boyd, Roberts--Concerning measures to expand access to health care throughout the state. (Health and Human Services recommends the bill be amended as printed in Senate Journal, May 5, 2011, pages 1048-1049.) CONSIDERATION OF RESOLUTIONS SJR11-005 by Senator(s) Roberts, Grantham, King S.; also Representative(s) Gerou--Concerning a prohibition on mandates to state and local governments without adequate funding. (Laid Over from May 6, 2011.) SJR11-047 by Senator(s) Shaffer B.; --Concerning recognition of extraordinary contributions of children to the world. (Laid Over from May 6, 2011.) SJR11-040 by Senator(s) White, Boyd, Brophy, Cadman, Giron, Grantham, Guzman, Hodge, Jahn, King K., King S., Kopp, Lambert, Lundberg, Mitchell, Nicholson, Renfroe, Roberts, Schwartz, Spence, Tochtrop; also Representative(s) Brown, Acree, Barker, Baumgardner, Becker, Bradford, Conti, Coram, DelGrosso, Gardner B., Hamner, Holbert, Joshi, Kerr J., Looper, Massey, McKinley, Murray, Priola, Riesberg, Scott, Sonnenberg, Soper, Summers, Swalm, Swerdfeger, Vaad, Vigil--Concerning management of wild horse and burro herds by the bureau of land management, and, in connection therewith, urging the bureau of land management to take certain actions concerning those herds. (Laid Over from May 6, 2011.) CONSIDERATION OF MEMORIALS SJM11-002 by Senator(s) Schwartz and White; also Representative(s) Wilson and Baumgardner-- Memorializing Congress to reauthorize the federal "Secure Rural Schools and Community Self-determination Act of 2000". (Laid Over from May 6, 2011.) Page 7 CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS SCR11-001 by Senator(s) Shaffer B. and Spence, Kopp, Brophy, Heath, Jahn, King S., Morse, Roberts, Schwartz, Steadman, Tochtrop, White; also Representative(s) Murray and Court, McNulty, Acree, Barker, Baumgardner, Becker, Brown, Casso, Conti, Coram, Duran, Ferrandino, Fields, Fischer, Gardner D., Hamner, Hullinghorst, Kagan, Kefalas, Kerr A., Labuda, Lee, Levy, Liston, Massey, McCann, McKinley, Miklosi, Pace, Peniston, Priola, Riesberg, Ryden, Schafer S., Scott, Solano, Sonnenberg, Soper, Summers, Swerdfeger, Todd, Tyler, Vigil, Williams A., Wilson--Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning ballot measures, and, in connection therewith, increasing the number of votes needed to pass a constitutional amendment from a majority to at least sixty percent of the votes cast; allowing a constitutional amendment passed prior to 2013 to be repealed by a majority of the votes cast; adding a requirement that a minimum number of petition signatures for a citizen-initiated constitutional amendment be gathered from voters who reside in each Colorado congressional district; and increasing the requirement from a majority to a sixty percent vote of the state legislature to change, repeal, or supersede a citizen- initiated statutory law for three years after it becomes effective. (Amended as printed in House Journal, February 24, pages 433-434, and amended on Third Reading as printed in House Journal, February 25.) (Laid Over from May 6, 2011.) (Requires 24 votes.) SB11-088 by Senator(s) Carroll and Lundberg, Boyd, Mitchell; also Representative(s) Acree-- Concerning the regulation of direct-entry midwives, and, in connection therewith, implementing the sunset review recommendations of the department of regulatory agencies, and making an appropriation. (Amended as printed in House Journal, May 5, page 1276.) SB11-091 by Senator(s) Brophy, Guzman, Jahn; also Representative(s) McKinley--Concerning continuation of the state board of veterinary medicine, and, in connection therewith, implementing the recommendations contained in the sunset review of the board and its functions, and making an appropriation. (Amended as printed in House Journal, May 5, page 1276.) SB11-102 by Senator(s) Williams S., King S., Foster, Guzman, Jahn, Morse, Newell, Nicholson, White; also Representative(s) Todd, Murray, Brown, Fields, Looper, Peniston, Ramirez, Schafer S., Solano, Stephens--Concerning the voluntary contribution designation benefiting the Families in Action for Mental Health fund that appears on the state individual income tax return forms, and making an appropriation therefor. (Amended as printed in House Journal, May 5, pages 1276-1277.) SB11-105 by Senator(s) Guzman, Aguilar, Boyd, Carroll, Foster, Lundberg, Newell, Roberts; also Representative(s) Levy--Concerning in-home support services, and, in connection therewith, extending the in-home support services program. (Amended as printed in House Journal, May 5, page 1277.) SB11-208 by Senator(s) Schwartz and Hodge, Bacon, Boyd, Brophy, Cadman, Foster, Giron, Grantham, Guzman, Heath, Hudak, Jahn, King S., Kopp, Lambert, Nicholson, Shaffer B., Spence, Steadman, Tochtrop, White, Williams S.; also Representative(s) Sonnenberg and Gerou, Acree, Barker, Baumgardner, Becker, Beezley, Bradford, Coram, Ferrandino, Gardner B., Hamner, Holbert, Joshi, Labuda, Looper, Massey, McCann, Miklosi, Murray, Nikkel, Priola, Ramirez, Ryden, Schafer S., Scott, Stephens, Summers, Swalm, Swerdfeger, Waller, Wilson-- Concerning the consolidation of wildlife entities with parks and outdoor recreation entities under the department of natural resources. (Amended as printed in House Journal, May 5, pages 1277-1278.) Page 8 SB11-111 by Senator(s) King K., Heath, Johnston, Nicholson, Renfroe, Spence; also Representative(s) Massey--Concerning creation of a task force to address the provision of educational services to support students' academic success. (Amended as printed in House Journal, May 5, page 1284.) SB11-256 by Senator(s) Guzman and King S.; also Representative(s) Kerr J. and Ferrandino-- Concerning graffiti. (Amended as printed in House Journal, May 5, page 1285.) SB11-232 by Senator(s) Jahn; also Representative(s) Gardner B.--Concerning the child abuse investigation surcharge. (Amended as printed in House Journal, May 5, page 1286.) CONFERENCE COMMITTEES TO REPORT SB11-193 by Senator(s) Aguilar; also Representative(s) Gardner B. and Kerr J.--Concerning the disclosure of employment information to an employer regarding a person employed to work with a person with a developmental disability, and, in connection therewith, granting immunity from civil liability for the disclosure of information and creating an exception from the prohibition against blacklisting for the disclosure of information. (Amended as printed in House Journal, April 28, page 1193.) Senate Conferees: Aguilar - Chair, Carroll, and Roberts. House Conferees: B. Gardner, chairman, J. Kerr, and Levy. REQUEST FOR CONFERENCE COMMITTEES HB11-1211 by Representative(s) Pace; also Senator(s) Tochtrop, Carroll--Concerning restrictions on travel-related expenditures by state-chartered entities on behalf of persons affiliated with such entities. (Amended as printed in Senate Journal, April 28, page 925.) House Conferees: Waller, chairman, Pace, and Swerdfeger. HB11-1278 by Representative(s) Gardner B.; also Senator(s) Morse--Concerning sex offender registration. (Amended as printed in Senate Journal, May 2, pages 977-978.) House Conferees: B. Gardner, chairman, Becker, and Levy. HB11-1254 by Representative(s) Priola and Schafer S.; also Senator(s) Steadman--Concerning measures to reduce the frequency of bullying in schools. (Amended as printed in Senate Journal, May 4, page 1012 and amended on Third Reading, May 5, 2011, as printed in Senate Journal.) House Conferees: Priola, chairman, Schafer, and Stephens. _____________________ SENATE COMMITTEE MEETINGS Monday, May 9, 2011 SENATE AGRICULTURE, NATURAL RESOURCES, AND ENERGY COMMITTEE 8:00 A.M. SCR 356 SB11-130 by Senator Johnston; also Representative Kerr A.--Transparency Bldg Energy Performance Page 9 HB11-1081 by Representative Brown; also Senator Schwartz--LPG Vehicles Included For Incentives Note: any other bills referred to the committee may be heard at this meeting JOINT AGRICULTURE, NATURAL RESOURCES, AND ENERGY COMMITTEE 8:30 A.M. SCR 356 Discussion on agenda and meeting dates for the interim Water Resources Review Committee CONFERENCE COMMITTEE ON SB11-193 8:30 A.M SCR 354 SB11-193 by Senator(s) Aguilar; also Representative(s) Gardner B. and Kerr J.--Concerning the disclosure of employment information to an employer regarding a person employed to work with a person with a developmental disability, and, in connection therewith, granting immunity from civil liability for the disclosure of information and creating an exception from the prohibition against blacklisting for the disclosure of information. SENATE FINANCE COMMITTEE UPON ADJOURNMENT OR RECESS SCR 353 HB11-1045 by Representative Kefalas; also Senator Newell--CO Innovation Investment Tax Credit SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE 1:30 P.M. SCR 354 SB11-233 by Senators Hodge and Tochtrop; also Representative (None)--Video Lottery Terminals SENATE JUDICIARY COMMITTEE 1:30 P.M. SCR 356 HB11-1303 by Representative Gardner B.; also Senator Brophy--Revisor's Bill HB11-1315 by Representative Gardner B.; also Senator Carroll--IEC Membership Reqts SB11-257 by Senators Carroll and Jahn; also Representative (None)--Effective Parole Supervision Note: any other bills referred to the committee may be heard at this meeting SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 P.M. SCR 353 HB11-1212 by Representative Tyler and Hullinghorst; also Senator Spence--Lean Gov Principle & Performance Budgets Note: any other bills referred to the committee may be heard at this meeting Page 10 Tuesday, May 10, 2011 GENERAL ORDERS