Senate Journal-92nd Day-April 8, 2015 Page 681

SENATE JOURNAL 1 Seventieth General Assembly 2 STATE OF COLORADO 3 First Regular Session 4 5 6 92nd Legislative Day Wednesday, April 8, 2015 7 8 9 10 Prayer By the chaplain, Pastor Vern Rempel, First Mennonite Church, Denver. 11 12 Call to By the President at 9:00 a.m. 13 Order 14 15 Pledge By Senator Cooke. 16 17 Roll Call Present--35 18 19 Quorum The President announced a quorum present. 20 21 Reading of On motion of Senator Merrifield, reading of the Journal of Tuesday, April 7, 2015, was 22 Journal dispensed with and the Journal was approved as corrected by the Secretary. 23 24 ______25 26 27 COMMITTEE OF REFERENCE REPORTS 28 29 Finance After consideration on the merits, the Committee recommends that SB15-196 be amended 30 as follows, and as so amended, be referred to the Committee on Appropriations with 31 favorable recommendation. 32 33 34 Amend the Agriculture, Natural Resources, & Energy committee report, 35 dated March 26, 2015, page 2, line 17, strike "AN INVENTORY". 36 37 Page 2, line 18, strike "TRACKING SYSTEM" and substitute "A RADIO 38 FREQUENCY IDENTIFICATION-BASED INVENTORY TRACKING SYSTEM" and 39 strike "COMMISSIONER." and substitute "COMMISSIONER FOR A SAMPLE OF 40 THE REGISTRANT'S INDUSTRIAL HEMP CROP.". 41 42 Page 3, line 5, after the period, add "THE DEPARTMENT MAY 43 PROMULGATE RULES TO REQUIRE APPROVED SHIPPING DOCUMENTATION 44 FOR THE TRANSPORTATION OF HEMP.". 45 46 47 Finance After consideration on the merits, the Committee recommends that SB15-222 be amended 48 as follows, and as so amended, be referred to the Committee on Appropriations with 49 favorable recommendation. 50 51 52 Amend printed bill, page 2, line 6, strike "TEN" and substitute "FIVE". 53 54 Page 2, line 10, strike "TEN" and substitute "FIVE". 55 56 57 Finance After consideration on the merits, the Committee recommends that SB15-229 be referred 58 to the Committee on Appropriations with favorable recommendation. 59 60 61 62 Page 682 Senate Journal-92nd Day-April 8, 2015

Finance After consideration on the merits, the Committee recommends that SB15-227 be amended 1 as follows, and as so amended, be referred to the Committee on Appropriations with 2 favorable recommendation. 3 4 5 Amend printed bill, page 3, line 10, after "FEET;" insert "EXCEPT THAT 6 THIS SQUARE FOOTAGE REQUIREMENT DOES NOT APPLY IF THE UNIT AND 7 THE OWNER'S RESIDENCE ARE PART OF THE SAME COMMON INTEREST 8 COMMUNITY;". 9 10 Page 3, line 17, after "(b)" insert "(I)". 11 12 Page 3, strike line 20 and substitute "LOCATED, ON OR BEFORE MARCH 1 13 OF THE PROPERTY TAX YEAR: 14 (A) AN". 15 16 Page 3, strike lines 23 and 24 and substitute "SET FORTH IN THIS SECTION; 17 AND 18 (B) DOCUMENTATION OF PROOF OF OWNERSHIP OF BOTH THE 19 BUILDING UNIT AND THE OWNER'S RESIDENCE, WHICH DOCUMENTATION 20 MUST IDENTIFY THE SAME PERSON AS THE OWNER FOR BOTH. 21 (II) NO MORE THAN ONE BUILDING UNIT PER RESIDENCE MAY 22 QUALIFY AS A RESIDENTIAL STORAGE CONDOMINIUM UNIT. 23 (III) THE OWNER MUST SUBMIT A SEPARATE AFFIDAVIT FOR EACH 24 PROPERTY TAX YEAR FOR EACH RESIDENTIAL STORAGE CONDOMINIUM 25 UNIT. 26 (IV) AN OWNER MAY NOT SEEK A CHANGE IN CLASSIFICATION 27 BASED ON A BUILDING UNIT BEING A RESIDENTIAL STORAGE 28 CONDOMINIUM UNIT UNLESS THE OWNER HAS COMPLIED WITH 29 REQUIREMENTS OF THIS PARAGRAPH (b) FOR THE PROPERTY TAX YEAR. 30 CLASSIFICATION OF A RESIDENTIAL STORAGE CONDOMINIUM UNIT AS A 31 RESIDENTIAL IMPROVEMENT DOES NOT AFFECT THE CLASSIFICATION FOR 32 ANY PRIOR OR LATER PROPERTY TAX YEAR FOR WHICH THE BUILDING UNIT 33 DOES NOT QUALIFY AS A RESIDENTIAL STORAGE CONDOMINIUM UNIT.". 34 35 36 Finance After consideration on the merits, the Committee recommends that SB15-230 be amended 37 as follows, and as so amended, be referred to the Committee on Appropriations with 38 favorable recommendation. 39 40 41 Amend printed bill, page 4, strike lines 8 through 10. 42 43 Page 4, line 11, strike "SPECIFIED IN" and substitute "INCLUDES 44 GOODWILL, SOFTWARE, CUSTOMER LISTS, CUSTOMER RELATIONSHIPS, 45 CONTRACTS, CONTRACT RIGHTS, PATENTS, TRADEMARKS, COPYRIGHTS, 46 TRADE SECRETS, FRANCHISES, AND ALL LICENSES WITH THE EXCEPTION OF 47 LICENSES GRANTED BY THE FEDERAL COMMUNICATIONS COMMISSION 48 THAT ARE ALREADY EXCLUDED FROM THE TELEPHONE COMPANY'S 49 VALUATION UNDER". 50 51 Page 4, strike lines 15 through 17 and substitute "ADMINISTRATOR SHALL 52 CONSIDER THE MAXIMUM VALUE OF THE TELEPHONE COMPANY AS A UNIT 53 TO BE THE NET BOOK VALUE OF THE TANGIBLE PROPERTY, PLANT, AND 54 EQUIPMENT AS REFLECTED ON THE BOOKS AND RECORDS OF THE 55 COMPANY, ADJUSTED FOR ANY ADDITIONAL OBSOLESCENCE.". 56 57 58 Judiciary After consideration on the merits, the Committee recommends that HB15-1153 be 59 referred to the Committee on Appropriations with favorable recommendation. 60 61 62 Judiciary After consideration on the merits, the Committee recommends that HB15-1198 be 63 referred to the Committee of the Whole with favorable recommendation and with a 64 recommendation that it be placed on the Consent Calendar. 65 66 67 Senate Journal-92nd Day-April 8, 2015 Page 683

Judiciary After consideration on the merits, the Committee recommends that SB15-195 be amended 1 as follows, and as so amended, be referred to the Committee on Appropriations with 2 favorable recommendation. 3 4 5 Amend printed bill, page 2, line 15, strike "FIVE MILLION DOLLARS" and 6 substitute "SIX MILLION FIVE HUNDRED THOUSAND DOLLARS". 7 8 Page 2, line 18, strike "SUB-SUBPARAGRAPH (B) OF" and substitute 9 "SUB-SUBPARAGRAPH (B) OF". 10 11 Page 3, after line 3 insert: 12 13 "SECTION 2. In Colorado Revised Statutes, add 17-42-103 as 14 follows: 15 17-42-103. Policies concerning inmates' use of telephones - 16 excessive rates prohibited. IN ADMINISTERING THE USE OF TELEPHONES 17 BY INMATES IN ANY STATE OR PRIVATE PRISON FACILITY, THE 18 DEPARTMENT SHALL NOT RECEIVE ANY COMMISSION FROM THE PHONE 19 PROVIDER EXCEPT AS MUCH AS IS NECESSARY TO PAY FOR CALLING COSTS 20 AND THE DIRECT AND INDIRECT COSTS INCURRED BY THE DEPARTMENT IN 21 MANAGING THE CALLING SYSTEM. FOR THE PURPOSES OF THIS PROVISION, 22 "DIRECT AND INDIRECT COSTS INCURRED BY THE DEPARTMENT IN 23 MANAGING THE CALLING SYSTEM" INCLUDES COSTS RELATED TO THE 24 PROVISION OF SECURITY AND MONITORING SYSTEMS BY EITHER THE 25 DEPARTMENT OR THE PHONE PROVIDER.". 26 27 Renumber succeeding section accordingly. 28 29 30 State, After consideration on the merits, the Committee recommends that SCR15-001 be 31 Veterans, & referred to the Committee of the Whole with favorable recommendation. 32 Military 33 Affairs 34 35 36 Local The Committee on Local Government has had under consideration and has had a hearing 37 Government on the following appointment and recommends that the appointment be placed on the 38 consent calendar and confirmed: 39 40 41 MEMBER OF THE 42 STATE HOUSING BOARD 43 44 45 for a term expiring January 31, 2019: 46 47 Letitia Jones Horace of Denver, Colorado, a Democrat and resident of the First 48 Congressional District, appointed. 49 50 ______51 52 53 SENATE SERVICES REPORT 54 55 Correctly Engrossed: SB15-204. 56 Correctly Reengrossed: SB15-100, 216 and 223. 57 Correctly Revised: HB15-1095. 58 Correctly Enrolled: SJR15-008, 014 and 020. 59 60 ______61 62 63 64 Page 684 Senate Journal-92nd Day-April 8, 2015

MESSAGE FROM THE HOUSE 1 2 April 7, 2015 3 4 Mr. President: 5 6 The House has passed on Third Reading and transmitted to the Revisor of Statutes: 7 HB15-1298, 1304, 1252, 1277, 1243, 1271, 1299, 1315. 8 9 The House has passed on Third Reading and transmitted to the Revisor of Statutes: 10 HB15-1002, amended as printed in House Journal, April 6. 11 HB15-1016, amended as printed in House Journal, April 6. 12 HB15-1146, amended as printed in House Journal, April 6. 13 HB15-1205, amended as printed in House Journal, April 6. 14 HB15-1268, amended as printed in House Journal, April 6. 15 16 The House has passed on Third Reading and returns herewith SB15-193, 194, 178, 138. 17 18 The House has passed on Third Reading and transmitted to the Revisor of Statutes: 19 SB15-110, amended as printed in House Journal, April 6. 20 SB15-211, amended as printed in House Journal, April 6. 21 22 ______23 24 25 MESSAGE FROM THE REVISOR OF STATUTES 26 27 April 7, 2015 28 29 30 We herewith transmit: 31 32 33 Without comment, HB15-1243, 1252, 1271, 1277, 1298, 1299, 1304, and 1315. 34 Without comment, as amended, HB15-1002, 1016, 1146, 1205, and 1268. 35 Without comment, as amended, SB15-110 and 211. 36 37 ______38 39 40 INTRODUCTION OF BILLS -- FIRST READING 41 42 The following bills were read by title and referred to the committees indicated: 43 44 45 SCR15-002 by Senator(s) Roberts and Steadman; --Submitting to the registered electors of the state of 46 Colorado an amendment to the Colorado constitution concerning procedures related to a 47 citizen-initiated constitutional amendment, and, in connection therewith, requiring prior 48 authorization by a majority of voters at a general election before an initiated constitutional 49 amendment is placed on the ballot at the following odd-year election for the voters to 50 approve or reject; requiring the nonpartisan research staff of the general assembly to 51 prepare a ballot information booklet prior to an authorization question and, if the question 52 is approved, to conduct public hearings about the amendment in each congressional district 53 prior to the odd-year election; and excluding from these new requirements an initiative to 54 repeal a provision from a constitutional amendment adopted prior to 2015. 55 State, Veterans, & Military Affairs 56 57 58 HB15-1019 by Representative(s) Lundeen; also Senator(s) Woods--Concerning prostitution by a minor, 59 and, in connection therewith, minors who are victims of human trafficking. 60 Judiciary 61 62 63 HB15-1220 by Representative(s) Danielson and Ryden, Landgraf; also Senator(s) Cooke and Martinez 64 Humenik--Concerning response to sexual assault on campuses of Colorado's institutions of 65 higher education. 66 Education 67 Senate Journal-92nd Day-April 8, 2015 Page 685

1 HB15-1300 by Representative(s) Moreno and Melton; also Senator(s) Merrifield--Concerning the 2 repeal of the prohibition on local governments enacting minimum wage laws. 3 State, Veterans, & Military Affairs 4 5 ______6 7 8 THIRD READING OF BILLS -- FINAL PASSAGE 9 10 On third reading, the titles of the following bills were publicly read, the reading at length 11 having been dispensed with by unanimous consent: 12 13 14 HB15-1095 by Representative(s) Carver, Joshi, Lundeen, Saine, Tate; also Senator(s) Lundberg-- 15 Concerning the extension of an exemption under the "Colorado Common Interest 16 Ownership Act" for certain small common-interest communities to include communities 17 created before July 1, 1992, whose declarations limit their annual common expense liability 18 to no more than three hundred dollars. 19 20 The question being "Shall the bill pass?", the roll call was taken with the following result: 21 22 23 YES 21 NO 14 EXCUSED 0 ABSENT 0 24 Aguilar NGuzman NKerr NScheffel Y25 Balmer Y Heath N Lambert Y Scott Y 26 Baumgardner Y Hill Y Lundberg Y Sonnenberg Y 27 Carroll N Hodge N Marble Y Steadman Y 28 Cooke Y Holbert Y Martinez Humenik Y Todd N 29 Crowder Y Jahn N Merrifield Y Ulibarri N 30 Donovan N Johnston Y Neville T. Y Woods Y 31 Garcia N Jones N Newell N President Y 32 Grantham Y Kefalas N Roberts Y 33 34 35 A majority of all members elected to the Senate having voted in the affirmative, the bill 36 was passed. 37 38 Co-sponsor(s) added: Baumgardner, Cooke, Grantham, Lambert, Neville T., Scheffel and 39 Woods. 40 41 42 SB15-204 by Senator(s) Newell and Lundberg, Aguilar, Baumgardner, Carroll, Cooke, Crowder, 43 Grantham, Guzman, Hodge, Holbert, Johnston, Kefalas, Kerr, Lambert, Marble, Martinez 44 Humenik, Merrifield, Scott, Steadman, Todd, Ulibarri, Woods; also Representative(s) 45 Singer, Garnett, Kraft-Tharp, Lebsock, Lee, Lontine, McCann, Melton, Moreno, 46 Primavera, Rankin, Rosenthal, Ryden, Salazar, Tate, Tyler, Winter, Young--Concerning the 47 independent functioning of the office of the child protection ombudsman, and, in 48 connection therewith, making and reducing appropriations. 49 50 A majority of those elected to the Senate having voted in the affirmative, Senator Newell 51 was given permission to offer a third reading amendment. 52 53 Third Reading Amendment No. 1(L.011), by Senator Newell. 54 55 Amend engrossed bill, page 2, line 14, strike "(3)" and substitute "(2)" 56 and strike the second "THE". 57 58 Page 3, line 25, strike "BOARD," and substitute "GENERAL ASSEMBLY,". 59 60 Page 3, line 27, strike "BOARD," and substitute "GENERAL ASSEMBLY,". 61 62 63 The amendment was passed on the following roll call vote: 64 65 66 67 Page 686 Senate Journal-92nd Day-April 8, 2015

YES 35 NO 0 EXCUSED 0 ABSENT 0 1 Aguilar YGuzman YKerr YScheffel Y 2 Balmer Y Heath Y Lambert Y Scott Y 3 Baumgardner Y Hill Y Lundberg Y Sonnenberg Y 4 Carroll Y Hodge Y Marble Y Steadman Y 5 Cooke Y Holbert Y Martinez Humenik Y Todd Y 6 Crowder Y Jahn Y Merrifield Y Ulibarri Y 7 Donovan Y Johnston Y Neville T. Y Woods Y 8 Garcia Y Jones Y Newell Y President Y 9 Grantham Y Kefalas Y Roberts Y 10 11 12 The question being "Shall the bill, as amended, pass?", the roll call was taken with the 13 following result: 14 15 16 YES 33 NO 2 EXCUSED 0 ABSENT 0 17 Aguilar YGuzman YKerr YScheffel Y18 Balmer Y Heath Y Lambert Y Scott Y 19 Baumgardner Y Hill Y Lundberg Y Sonnenberg Y 20 Carroll Y Hodge Y Marble Y Steadman Y 21 Cooke Y Holbert Y Martinez Humenik Y Todd Y 22 Crowder N Jahn Y Merrifield Y Ulibarri Y 23 Donovan Y Johnston Y Neville T. Y Woods Y 24 Garcia Y Jones N Newell Y President Y 25 Grantham Y Kefalas Y Roberts Y 26 27 28 A majority of all members elected to the Senate having voted in the affirmative, the bill, 29 as amended, was passed. 30 31 Co-sponsor(s) added: Cadman, Jahn, Roberts and Scheffel. 32 33 ______34 35 36 On motion of Majority Leader Scheffel, and with a majority of those elected to the Senate 37 having voted in the affirmative, the General Orders -- Second Reading of Bills Calendar 38 (SB15-209) of Wednesday, April 8 was laid over until Thursday, April 9, retaining its 39 place on the calendar. 40 41 ______42 43 44 CONSIDERATION OF RESOLUTIONS 45 46 47 SJR15-022 by Senator(s) Newell; also Representative(s) Lee--Concerning recognition of October as 48 "Conflict Resolution Month" in Colorado. 49 50 On motion of Senator Newell, portions of the resolution were read, and the resolution was 51 adopted, by the following roll call vote: 52 53 54 YES 35 NO 0 EXCUSED 0 ABSENT 0 55 Aguilar YGuzman YKerr YScheffel Y56 Balmer Y Heath Y Lambert Y Scott Y 57 Baumgardner Y Hill Y Lundberg Y Sonnenberg Y 58 Carroll Y Hodge Y Marble Y Steadman Y 59 Cooke Y Holbert Y Martinez Humenik Y Todd Y 60 Crowder Y Jahn Y Merrifield Y Ulibarri Y 61 Donovan Y Johnston Y Neville T. Y Woods Y 62 Garcia Y Jones Y Newell Y President Y 63 Grantham Y Kefalas Y Roberts Y 64 65 66 Senate Journal-92nd Day-April 8, 2015 Page 687

Co-sponsor(s) added: Aguilar, Balmer, Baumgardner, Cadman, Carroll, Cooke, Crowder, 1 Donovan, Garcia, Grantham, Guzman, Heath, Hill, Hodge, Holbert, Jahn, Johnston, Jones, 2 Kefalas, Kerr, Lambert, Lundberg, Marble, Martinez Humenik, Merrifield, Neville T., 3 Roberts, Scheffel, Scott, Sonnenberg, Steadman, Todd, Ulibarri and Woods. 4 5 ______6 7 8 REPORTS OF CONFERENCE COMMITTEES 9 10 11 12 13 FIRST REPORT OF FIRST CONFERENCE COMMITTEE 14 ON HB15-1072 15 16 17 ***************************** 18 THIS REPORT AMENDS THE 19 REREVISED BILL 20 ***************************** 21 22 To the President of the Senate and the 23 Speaker of the House of Representatives: 24 25 Your first conference committee appointed on HB15-1072, 26 concerning harassment through an interactive electronic medium, has met 27 and reports that it has agreed upon the following: 28 29 30 That the House accede to the Senate amendment made to the bill, 31 as the amendment appears in the rerevised bill, with the following 32 changes: 33 34 Amend rerevised bill, page 2, line 19, after "THE" insert 35 "CONSTITUTIONALLY PROTECTED". 36 37 38 Respectfully submitted, 39 40 41 House Committee: Senate Committee: 42 (signed) (signed) 43 , chairman , chairman 44 Daniel Kagan Ellen S. Roberts 45 Don Coram John Cooke 46 47 48 49 50 FIRST REPORT OF FIRST CONFERENCE COMMITTEE 51 ON HB15-1204 52 53 54 ***************************** 55 THIS REPORT AMENDS THE 56 REREVISED BILL 57 ***************************** 58 59 To the President of the Senate and the 60 Speaker of the House of Representatives: 61 62 Your first conference committee appointed on HB15-1204, 63 concerning the creation of a distillery pub license, has met and reports 64 that it has agreed upon the following: 65 66 That the House accede to the Senate amendment made to the bill, 67 Page 688 Senate Journal-92nd Day-April 8, 2015

as the amendment appears in the rerevised bill, with the following 1 change: 2 3 Amend rerevised bill, page 16, strike lines 12 through 21 and substitute: 4 5 "SECTION 24. Safety clause. The general assembly hereby 6 finds, determines, and declares that this act is necessary for the immediate 7 preservation of the public peace, health, and safety.". 8 9 10 Respectfully submitted, 11 12 13 House Committee: Senate Committee: 14 (signed) (signed) 15 Dan Pabon, chairman Laura J. Woods, chairman 16 Susan Lontine 17 Jack Tate Andy Kerr 18 19 ______20 21 22 TRIBUTES 23 24 Honoring: 25 26 Basalt Middle School -- By Senator . 27 Dave and Mary Jean Napier -- By Senator . 28 Bob and Dorothy Jones -- By Senator Leroy Garcia. 29 Mike and Gloria Sanchez -- By Senator Leroy Garcia. 30 Orlando and Rose Mora -- By Senator Leroy Garcia. 31 Nicole Steiner -- By Senator . 32 Commerce City Youth Commission -- By Senator . 33 34 ______35 36 37 On motion of Majority Leader Scheffel, the Senate adjourned until 9:00 a.m., Thursday, 38 April 9, 2015. 39 40 Approved: 41 42 43 44 Bill L. Cadman 45 President of the Senate 46 47 Attest: 48 49 50 51 Cindi L. Markwell 52 Secretary of the Senate 53