March 21, 2016

Gun rights advocates continue to try for greater freedom to carry guns any place they so desire. The latest try, House Bill 16-1204, sponsored by the Nevilles (Senator/father and Representative/son), was postponed in its first committee hearing, “after consideration on the merits.”

HB 1204 would have removed “the restriction that exists under current law which prohibits a person with a concealed carry permit from carrying a concealed weapon on the property of a public elementary, middle, junior high, or high school.” Under current law, “it is a class 6 felony for a person with a concealed permit to bring a weapon onto the property of a public school,” for which there have been 53 convictions of this offense in the past three years.

Also killed along the way this session was House Bill 16-1137 which concerned certain packaged nicotine products offered for sale in Colorado that do not contain tobacco. Such products would have required a conspicuously placed warning label on the package stating that the product contains nicotine. The warning label to be conspicuously placed on the package: WARNING: CONTAINS ADDICTIVE NICOTINE.

Senate Bill 16-151: Titled “The Right of Coloradans to Hunt Wildlife, and, in Connection Therewith, Establishing Hunting as the Primary Means of Managing Wildlife,” is a perplexing one, if not one to cause the ordinary citizen to scratch their head, or maybe someone is out of touch with what century 2016 is in.

The legislative declaration:

• In order to preserve Colorado's hunting and fishing heritage, the people will always have the right to hunt, fish, and harvest wildlife. This right does not allow trespassing on private property; affect water rights; prevent the parks and wildlife commission, or a hearing officer with authority delegated by the parks and wildlife commission, from suspending or revoking an individual's hunting, fishing or game-harvesting license; or diminishing other private rights; and

• In order to preserve the heritage, traditions, and culture of wildlife conservation, the state shall use public hunting, trapping, and fishing as the primary methods of controlling and managing wildlife.

The legislative impact analysis states “Coloradans will always have the right to hunt, fish, and harvest wildlife and establishes that these are the primary methods of controlling and managing wildlife.”

The Senate Agriculture, Natural Resources and Energy Committee amended SB 151 to remove the word “license” and have the bill read “prevent the parks and wildlife commission from regulating the taking, possession, or use of wildlife in Colorado,” then recommended that after said amendment, the bill be referred to the Committee of the Whole with favorable recommendation.

Sponsors of SB 16-151: Senator Jerry Sonnnenberg (R-Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, Yuma) 866-6360. No sponsor as yet in the Senate.

Senate Bill 16-137: Hunting is a “really” big deal in most of Colorado, or so it seems with yet another bill being considered by the Seventieth General Assembly.

The fiscal impact analysis states “The Colorado Parks and Wildlife Landowner Preference Program gives owners of agricultural land who make their property available for hunting, the ability to apply for hunting licenses using a number of applications based on the acreage registered with the program.”

SB 137 clarifies that the program “does not limit the Colorado Parks and Wildlife Commission from entering into an agreement with a private landowner for public hunting and fishing and including the issuance of a hunting license in that agreement.”

Readers may also be interested to know that the Colorado Parks and Wildlife Game Damage Program compensates landowners for damage caused by big game animals, and “the game damage program does not limit the commission's authority to negotiate the waive of game damage eligibility in an agreement.”

The danger of hunter using ammunition that can travel as far as a mile or mile and a half was not addressed. SB 137 is yet to have its first committee hearing.

Sponsors of Senate Bill 16-137: Senators Michael Johnston (D-Denver) 866-4864, and Jerry Sonnnenberg (R-Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, Yuma) 866-6360. No sponsor as yet in the House of Representatives.

Senate Bill 16-146: Not often does the legislature deal with the subject of sexually transmitted infections, but then in this highly unusual Presidential election year, what better time to do so.

The legislative declaration of SB 146:

• Sexually transmitted infections, regardless of mode of transmission, impact the public health of the state and are a matter of statewide concern;

• Coloradans have a right to receive accurate confidential and timely information to make informed decisions that promote their individual physical and mental health and well-being. This right applies to all Coloradans, regardless of geographic location, ethnic or racial background, income, ability, gender, gender identity or sexual orientation;

• Positive, stigma-free messages and comprehensive, evidence-based information must be available to create healthy, safe relationships and a healthier Colorado; and

• It is the responsibility of any individual who has knowledge or reasonable grounds to suspect that he or she has a sexually transmitted infection to not intentionally transmit the infection to another individual.

The General Assembly further declares that the purpose of Part 4, Article 4 of Title 25 of the Colorado Revised Statutes is to “protect the public health, empower individuals to take personal responsibility for their sexual health, and to prevent infections that may be sexually transmitted:”

• Reporting sexually transmitted infections to public health agencies is essential to enable a better understanding of the scope of exposure and the impact of the exposure on the community and to optimize means of sexually transmitted infection control;

• Efforts to control sexually transmitted infections include public education, counseling, voluntary testing, linkage to treatment, prevention, and access to services;

• Restrictive enforcement measures may be used only when necessary to protect the public health;

• Having a sexually transmitted infection, being presumed to have one, or seeking testing for the presence of such an infection must not serve as the basis for discriminatory actions or prevent access to services; and

• It is the policy of the state to encourage voluntary testing for sexually transmitted infections and promote linkage to care without perpetuating stigma.

SB 146 directs the State Board of Health, within the Colorado Department of Public Health and Environment, to adopt rules to implement the bill, including rules addressing the control and treatment of sexually transmitted infections, to investigate sexually transmitted infections and to use appropriate means to prevent their spread.

For informational purposes, “a minor may seek an examination or treatment for a sexually transmitted infection without parental consent,” with such services provided to minors confidentially, except in the case of a minor who is under the age of 13, a health provider may involve the minor's parent or legal guardian. “Except as specified, no specimen of a patient may be tested for a sexually transmitted infection without his or her knowledge and consent.”

SB 146 is yet to have its first committee hearing.

Sponsors of Senate Bill 16-146: Senator Pat Steadman (D-Arapahoe, Denver) 866-4761; and Representative Daneya Esgar (D-Pueblo) 866-2968.

The reader’s comments or questions are always welcome. E-mail me at doris@dorisbeaver.com.