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2007 Final Legislative Report - UVC

2007 Final Legislative Report


June 12, 2007

The first regular session of the 66th General Assembly adjourned on May 4, 2007 – five days earlier than their 120-day deadline. The Governor had until June 4th to decide whether to sign or veto the bills that were passed in the final days of the session. A number of bills of importance to the UVC were among those signed into law following the end of the session, including bills signed in Colorado Springs on that last day. The following report summarizes the outcome of the 2007 session in four parts:

I. House Bills Signed into Law;

II. Senate Bills Signed into Law;

III. House and Senate Resolutions that were Adopted; and

IV. Bills that were introduced but died somewhere in the process.

Bills are listed in numerical order, and include the bill number, the position taken by the UVC – including which bills addressed the 2007 UVC Legislative Goals, the bill title and sponsors, a brief summary of the provisions of the bill, and finally, the date the Governor signed the bill into law or when it died in a committee or on the House or Senate floor.


I. House Bills Signed Into Law

BILL HB07-1050 UVC Position: Support

Title: Concerning The Display Of Flags
Sponsors: Todd, A. Kerr / Williams

This bill was introduced to clarify state law concerning the display of the flag of the United States, and flags of other nations. It prohibits the display of any flag other than the flag of the U.S. or the state of Colorado on permanent flagstaffs of public buildings or grounds. It permits the display of POW/MIA & veteran or military commemorative flags when displayed in accordance with federal law. It allows the display of foreign nation flags on special, occasional or ceremonial occasions in accordance with federal law. It allows the display of a flag for educational, cultural or historical purposes with the prior permission of the chief administrative officer of a state, county, municipal or other public building or grounds.

4/9: Governor Signed


BILL HB07-1069 UVC Position: Monitor

Title: Withdrawal Of Consent To the Federal Government For Land Acquisition in Southeast Colorado
Sponsors: McKinley / Kester

HB07-1069 withdraws consent given by the state for the federal government to use the power of eminent domain to acquire land in southeast Colorado for the training of military personnel. It states that the Dept. Of Defense shall only acquire such land by means other than the through the power of eminent domain.

5/3: Governor Signed


BILL HB07-1105 UVC Position: Support

Title: Eligibility Dates for Korean War License Plates
Sponsors: Roberts / Penry

HB07-1105 corrects the dates in state law of eligibility for a veteran to be issued a Korean War special license plate to include service during the period of June 27, 1950, to January 31, 1955 (expanded from June 25, 1950 through July 27, 1953).

4/9: Governor Signed

BILL HB07-1149 UVC Position: Support


Title: Absentee Voting By Military Personnel and Other Citizens Overseas
Sponsors: Rice / Ward

This bill allows a U.S. citizen 18 years of age or older who has never been a resident of any state, but whose parent is eligible to vote in this state, to register and vote by absentee ballot. The bill allows county clerks and recorders to accept an unsigned federal postcard application or letter of application for an absentee ballot submitted on behalf of absent uniformed services elector by an authorized officer in the unit in which the elector is serving or from an authorized voting assistance officer if the officer submits a signed statement that the elector: 1) Requested absentee ballot from the officer or through the chain of command; 2) Does not have access to facilities or equipment necessary to send an application due to military circumstances; and 3) Provided the necessary information to officer in writing or orally. The bill states that a properly completed federal postcard application submitted by a person who is otherwise eligible but not registered to vote shall be treated as a voter registration form and an absentee ballot application.

5/22: Governor Signed


BILL HB07-1163  UVC Position: Support

Title: Concerning In-State Tuition Status For Persons in the Military
Sponsors: McNulty / Kopp

Makes a member of the armed forces, or a dependent of the member, eligible for in-state tuition status if the member is transferred to Colorado on a temporary assignment of duty. Repeals obsolete language referring to counting members of the armed forces as resident students. Gives members of the Colorado National Guard who maintain residence in Colorado, and their dependents, in-state tuition status.

5/31: Governor Signed


BILL HB07-1196 UVC Position: Support

Title: Exemption From The Colorado Clean Indoor Air Act For Nursing Homes and Assisted Living Facilities
Sponsors: M. May / Boyd

Creates an exemption from the "Colorado Clean Indoor Air Act" to allow nursing homes and assisted living facilities to create a fully enclosed and ventilated area for smoking by residents, to which access is restricted to the residents or their guests, and where children under 18 years of age must be accompanied by a parent or guardian.

4/9: Governor Signed


BILL HB07-1200 UVC Position: Support

Title: Creation of the United States Air Force Special License Plate
Sponsors: Liston / Tochtrop

Creates the U.S. Air Force special license plate. HB07-1200 began as a bill to create an Air Force Reserve plate. At the request of the UVC, the bill was amended to an Air Force plate (there was only a 50th anniversary plate for the Air Force). An Air Force special plate met a broader interest than a Reserve plate. The original bill also allowed for personalized plates, but this provision was removed at the urging of the UVC.

6/4: Governor Signed


BILL HB07-1211 UVC Position: Support: 2007 UVC Legislative Goal

Title: Creation of the Board Of Commissioners of the State & Veterans Nursing Homes
Sponsors: Jahn / Tochtrop

This is one of three bills recommended by the Commission that was created through legislation two years ago to do a comprehensive review of the administration and quality of care of the State and Veterans Nursing Homes. The legislation creating that Commission sunsets on June 30, 2007. This bill builds on the work of that Commission and creates a permanent Board of Commissioners of State and Veterans Nursing Homes in the Department of Human Services. The bill specifies the functions and membership of the Board, how members are appointed, and the Board’s powers and duties.

4/9: Governor Signed


BILL HB07-1212 UVC Position: Support: 2007 UVC Legislative Goal

Title: Creation of Local Advisory Boards for State & Veterans Nursing Homes
Sponsors: Jahn / Penry

This bill is a companion to HB07-1211, and creates local advisory boards for each of the State and Veterans Nursing Homes located in Homelake, Florence, Trinidad, Rifle, Aurora, and Walsenburg. It authorizes the Dept. of Human Services to specify by rule the membership, purpose and functions of the local advisory boards.

3/29: Governor Signed


BILL HB07-1232 UVC Position: Monitor

Title: Aid for School Districts With Military Families Enrolling after October 1
Sponsors: Merrifield / Tapia

This bill was initiated by local school districts in the Fort Carson area that experience a fluctuation in their student population, and therefore the funding they receive from the state based on the use of October first as the only date to count student enrollment. The bill allows any school district to apply to the Dept. of Education for military dependent supplemental pupil enrollment aid for the cost of educating pupils who are enrolled in the district as of February first of the applicable budget year, who were not enrolled in the district or in any other school district in the state on October first of the applicable budget year, and who are the dependents of a full-time active duty member of the US military or dependents of a member of the US military reserve forces who has been called to active duty. It specifies that the district shall be eligible for increased funding only if the district's military dependent enrollment represents either an increase of one percent or more, or an increase of at least 25 pupils.

6/4: Governor Signed


BILL HB07-1251 UVC Position: Support: 2007 UVC Legislative Goal

Title: Implementation of Constitutional Property Tax Exemption for Disabled Veterans
Sponsors: Gallegos / Wiens

HB07-1251 makes the statutory changes necessary to implement the property tax exemption for qualifying disabled veterans approved by the voters as Referendum E in the 2006 general election

4/15: Governor Signed


BILL HB07-1253 UVC Position: Support

Title: Prohibition Against an Insurance Carrier from Denying Coverage To Military Persons
Sponsors: Madden / Shaffer

Prohibits an insurance carrier from denying coverage to an individual solely based on that individual's membership in the uniformed services of the United States.

4/2: Governor Signed


BILL HB07-1269 UVC Position: Support

Title: Repeal Casino Exemption From Colorado Clean Indoor Air Act
Sponsors: McGihon / Gordon

Repeals the casino exemption from the "Colorado Clean Indoor Air Act” effective July 1, 2008.

6/1: Governor Signed


BILL HB07-1275 UVC Position: Monitor

Title: Authorization for the Colorado National Guard to Receive Property Forfeited to the Federal Government
Sponsors: Rice / Penry

Permits the Colorado National Guard to receive federally forfeited property when it participates in operations under the drug interdiction and enforcement plan.

4/9: Governor Signed


BILL HB07-1352 UVC Position: Support: 2007 UVC Legislative Goal

Title: Armed Forces License Plates Taxes and Fees, including creation of a Special Forces plate
Sponsors: Rice / Ward

This bill was introduced to make several changes to the Armed Forces special license plates, and included an amendment to authorize the creation of a Special Forces special plate – one of the UVC’s 2007 legislative goals. The bill also authorizes the sibling or grandparent of a fallen service member to be issued the fallen service member special license plate, and exempts the fallen service member special license plate from the additional $25 fee for military special license plates. It repeals a requirement that the owner of a disabled veteran special license plate send a disabled application to the department of revenue when transferring the plate to another vehicle. Clarifies when certain personal property is not taxable when a service member is in Colorado in compliance with a military order.

5/26: Governor Signed


BILL HB07-1364 UVC Position: Support

Title: Commissioner to Promulgate Rules Concerning Life Insurance for Military Personnel
Sponsors: Rice / Romer

Requires the Commissioner of Insurance to promulgate rules, consistent with federal law, to define dishonest, unfair, and deceptive military marketing and sales practices.

6/1: Governor Signed


BILL HB07-1371 UVC Position: Monitor

Title: Increasing the Maximum Military Pay Grade for Eligibility for Military Family Relief Fund Grants
Sponsors: M. Carroll / Morse

Eliminates the maximum pay grade that a Colorado National Guard member, a reservist, or an active duty military member stationed in Colorado may hold in order to be eligible or for his or her family to be eligible to receive a grant from the Military Family Relief Fund.

6/4: Governor Signed


II. Senate Bills Signed Into Law

BILL SB07-014 UVC Position: Support: 2007 UVC Legislative Goal

Title: Appropriation of Funds to the Central Fund For the State and Veterans Nursing Homes
Sponsors: Taylor / Balmer

This is the third bill proposed by the Commission on State and Veterans Nursing Homes, and has as its purpose to authorize and encourage the appropriation of state general funds to the operating and capital needs of the nursing homes – subject to the 10% limit of an “enterprise” under the provisions of TABOR. It specifies that such requests for general fund are to come through the normal departmental and capital development budget procedures, but does not limit the General Assembly to the amounts requested by that process. The lobbying efforts in support of this bill assisted in pointing out critical needs at the nursing homes, and thereby helped to secure over $900,000 in general fund to match over $2 million federal funds for Homelake.

5/25: Governor Signed


BILL SB07-027 UVC Position: Support: 2007 UVC Legislative Goal

Title: Issuance of a US Coast Guard License Special License Plate
Sponsors: Tupa / Witwer

Authorizes the creation of a U.S. Coast Guard special license plate for motor vehicles not exceeding 16,000 lbs.

4/30: Governor Signed


BILL SB07-042 UVC Position: Monitor

Title: Enrollment of Service Member In Motorcycle Safety Program
Sponsors: Kopp / Hodge

Permits a member of the armed forces who meets certain qualifications to enroll in a certified motorcycle operator safety training course for the same charge as a resident.

5/14: Governor Signed


BILL SB07-086 UVC Position: Oppose as Introduced; Support as Finally Adopted

Title: Concerning A Fallen Heroes Memorial
Sponsors: Kopp / Balmer

SB07-086 began as a bill to create a commission that would seek funding for the design and construction of a memorial for those “fallen heroes” who lost their lives in the “War on Terror.” Through extensive discussions and negotiations with the sponsors, the UVC was able to get the bill significantly amended so that it recognizes the sacrifice of fallen heroes who served in all periods of conflict – including WWI, WWII, Korea, Vietnam, and such other military conflicts at the Preservation Trust Committee. The amended bill also linked the commission it creates to the existing Preservation Trust Committee, and thereby assures that whatever memorials result from the bill will support and enhance the existing Veterans Monument in the Lincoln Park area immediately west of the capitol. The bill was signed at that Monument during the Veterans’ Day ceremonies.

5/26: Governor Signed


BILL SB07-097 UVC Position: Monitor

Title: The Allocation Of Tobacco Litigation Moneys not Otherwise Allocated
Sponsors: Fitz-Gerald / Madden

Requires tobacco litigation settlement moneys that are currently unallocated for specific health care services, but are credited to the general fund or the tobacco litigation settlement cash fund, to be allocated at the beginning of the 2007-08 fiscal year and each fiscal year thereafter, to a number of health-care related programs, that - except for the children's basic health plan - do not currently receive tobacco litigation settlement moneys. Programs to be funded include, but are not limited to: Children’s Basic Health Plan; Offender Mental Health Services Fund; Alcohol and Drug Abuse Community Prevention and Treatment Fund; State Employee Health Insurance for Low-Wage families; Local Public Health Departments; Colorado Immunization Fund; Short-Term Innovative Health Program Grant Fund; University of Colorado Health Sciences Center. Of particular importance to bills that the UVC supported, these funds were used in part to support SB07-146.

3/22: Governor Signed


BILL SB07-146 UVC Position: Support

Title: Creation of a Program to Provide Mental Health Services For Families Of Recently Discharged Veterans
Sponsors: Morse / Rice

Creates a 3-year mental health services pilot program for families of discharged veterans of Operation Enduring Freedom and Operation Iraqi Freedom. It authorizes the Department of Human Services to purchase mental health services from community mental health centers in the Colorado Springs area for families of recently discharged veterans. Funds the pilot program from moneys made available under the provisions of Senate Bill 07-097.

6/4: Governor Signed


BILL SB07-183 UVC Position: Support: 2007 UVC Legislative Goal

Title: Continuation of the Board Of Veterans Affairs
Sponsors: Romer / Weissmann

Continues the Colorado Board of Veterans Affairs until July 1, 2017, and schedules the next sunset review to be done pursuant to the statute governing the sunset review of advisory committees.

4/11: Governor Signed


BILL SB07-195 UVC Position: Support

Short Title: Eligibility of Resident Military Personnel to Participate In Limited License Preference Programs
Sponsors: McElhany / Rice

Clarifies that a resident who is on active duty in the armed forces outside of Colorado does not lose residence status for a hunting or fishing license. Authorizes active duty residents to participate in a limited license preference program for persons returning from service outside the United States.

4/19: Governor Signed


BILL SB07-239 UVC Position: Supported Efforts to Restore Veterans Trust Fund

Title: The “Long Bill” – State Appropriations Bill
Sponsors: Tapia / Buescher

This bill provides for the payment of expenses of the Executive, Legislative, and Judicial departments for the fiscal year beginning July 1, 2007. The UVC’s main activity related to the “Long Bill” concerned efforts to begin the restoration of $2.28 million that was taken from the Veterans Trust Fund a few years ago (along with funds from many other trust funds and cash funds) to balance the state’s budget during the economic downturn. While we were unsuccessful in adding $1 million for that restoration, we were able to raise the visibility and support for this issue – and laid the groundwork for a request for restoration in the budget for 2008-09.

5/2: Governor Signed, and Partially Vetoed Headnotes and Footnotes
5/4: House and Senate Vote to Override Vetoes Passed


III. House and Senate Resolutions

BILL HJR07-1009 UVC Position: Support: 2007 UVC Legislative Goal

Title: Building A National Cemetery In Pikes Peak Region
Sponsors: Looper / McElhany

A resolution from the members of the General Assembly urging the U.S Dept. of Veterans Affairs to build a national veterans' cemetery in the Pikes Peak region.

1/24: Adopted by House and Senate


BILL HJR07-1010 UVC Position: Support

Title: Concerning The Recognition Of Military And Veterans Appreciation Day
Sponsors: Rice / Shaffer

The annual resolution expressing heartfelt gratitude to our state's veterans, past and present, to all military men and women currently serving in the Armed Services, and to family members of active duty personnel and veterans; and encouraging the citizens of Colorado to join in celebration of Colorado's Military and Veterans Appreciation Day on January 24, 2007.

1/24: Adopted by House and Senate


BILL HJR07-1028 UVC Position: Support

Title: Great Outdoors Colorado (GOCO) Funding for Veterans Memorials & Monuments
Sponsors: Soper / Tochtrop

A resolution encouraging the Board of the Great Outdoors Colorado Trust Fund to provide funding to outdoor veterans memorials and monuments throughout the state.

5/2: Adopted by House and Senate


BILL HJR07-1034 UVC Position: Support: 2007 UVC Legislative Goal

Title: Colorado Veterans' Monument
Sponsors: Rice, Balmer / Kopp, Shaffer

A resolution urging private and public contributions to the Colorado Veterans’ Monument Preservation Trust Fund in order to assure the upkeep and preservation of the Monument for current and future generations.

5/2: Adopted by House and Senate


BILL SJM07-002 UVC Position: Monitor

Title: Memorializing Congress and the President to Stop the Escalation Of War In Iraq
Sponsors: Tupa, Gordon / T. Carroll

A resolution stating support for and honoring Colorado’s servicemen and servicewomen, supporting that there be sufficient resources made available so long as they remain in Iraq and Afghanistan, urging Congress and the President to remain respectful of the patriotism of all Americans, including those who respectfully express their dissent concerning the United States' current foreign policy, stating that it is not in the national interest of the United States to deepen or to escalate its military involvement in Iraq, and supporting measures in Congress opposing the escalation of troops in Iraq.

4/27: Senate Adhered to Its Position; 5/4: House Receded from Its Position


BILL SJR07-022 UVC Position: Support

Title: Expressing Support for United States Troops In Iraq
Sponsors: Kopp / Balmer

A resolution expressing the legislators’ profound appreciation and gratitude for the commitment, bravery, and sacrifices of all the men and women in our armed forces and their families, and our remembrance of those who have died; respect for the hard work and accomplishments of our troops that have led to progress in the establishment of Iraq's representative government, economic and education systems, physical infrastructure, and democratic civic life; concern for and our commitment to the life and safety of each service man and woman in Iraq; recognition of the need to focus United States military resources on assisting the Iraqi military and government in securing their country's peace; understanding that the completion of the mission in Iraq will be far from simple but that the continued support of the America government and its citizens is critical to stable and enduring results; hope that Congress chooses to conduct debate over American policy in Iraq in a solution-oriented fashion; and commitment to a successful and lasting conclusion to the mission in Iraq and the safe and speedy return home of our military service members.

5/4: Adopted by Senate and House


BILL SJR07-032 UVC Position: Support

Short Title: Honoring Coloradans Who Gave Their Lives In Iraq & Afghanistan
Sponsors: Fitz-Gerald / Hicks

A resolution honoring the memory of the Coloradans who gave their lives in service to their country in Operation Iraqi Freedom and Operation Enduring Freedom, and also honoring the service, dedication, and valor of all military personnel from Colorado who have served and currently serve in Operation Iraqi Freedom and Operation Enduring Freedom. The resolution includes the individual names of Coloradans who gave their lives in these areas of conflict.

4/9: Adopted by Senate and House


IV. Bills that Did Not Become Law


BILL HB07-1194

Title: Concerning the Colorado State Defense Force
Sponsors: Sonnenberg

Would have specified the composition of the Co. State Defense Force, required members to receive credit for time served in Colorado military forces to the same extent as the credit received by members of the Colorado National Guard prior to induction into federal military service, restored to the Governor the power to appoint the commander of the CSDF, and required the period of enlistment to be at least one year.

4/26: Postponed Indefinitely (PI’d) by the House Committee on Appropriations


BILL SB07-030

Title: Program To Reimburse Colorado National Guard For Life Insurance Premiums
Sponsors: Romer / Rice

Would have required the Dept. of Military & Veterans Affairs to reimburse Colorado National Guard members for premiums paid while serving in a combat zone for benefits under the federal group life insurance program.

4/16: PI’d by the Senate Committee on Appropriations


BILL SB07-072

Title: Reimbursements For Higher-Education for Refunds to Those Called To Active Duty in Iraq or Afghanistan
Sponsors: Morse / Rice

Would have permitted Colorado universities and colleges to request reimbursement from the Colorado Commission on Higher Education for refunds made to students who were deployed to Iraq or Afghanistan during the academic year.

4/11: PI’d by Senate Committee on Appropriations


BILL SB07-120

Title: Creation of a Smoking Exemption For Veterans' Organization
Sponsors: Shaffer

Would have created an exemption from the statewide indoor smoking ban for the regular meeting place of a local chapter, lodge, or branch of the American Legion, Veterans of Foreign Wars, or other veterans' organization incorporated by authority of the U.S. congress under Title 36 of the U.S. Code. While specific member organizations of the UVC took a position on this bill, the UVC itself was neutral. However, the UVC supported a “fair playing field” for all businesses and organizations, so when this bill was PI’d, the UVC supported the bill to eliminate the casino exemption from the indoor smoking ban contained in HB07-1269.

2/7: PI’d by Senate Committee on State, Veterans & Military Affairs


BILL SB07-135

Title: Creation of a Charitable Gaming Promotion Fund for Bingo-Raffle
Sponsors: Johnson / Solano

Would have established a charitable gaming promotion fund to contract with private entities and other governmental agencies to promote bingo-raffle charitable gaming.

4/23: Lost on Third Reading Vote in the House


Report Prepared by Bill Hanna, UVC Legislative Liaison

June 12, 2007

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