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2007 Final Legislative Report - UVC
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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
Colorado veterans
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