Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:01/26/2009
ATTENDANCE
Time:01:35 PM to 03:02 PM
Boyd
X
Cadman
X
Place:SCR 356
Schultheis
X
Bacon
X
This Meeting was called to order by
Williams
X
Senator Williams
This Report was prepared by
Geoff Johnson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-004
SB09-049
SB09-074
SB09-084		Referred to Local Government and Energy
Postponed Indefinitely
Postponed Indefinitely
Referred to the Committee of the Whole

01:37 PM -- Senate Bill 09-004

Senator Brophy, prime sponsor, asked that the committee refer Senate Bill 09-004 to the Committee on Local Government.
BILL:SB09-004
TIME: 01:39:08 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-004 be referred to the Committee on Local Government. The motion passed on a 4-0-1 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Excused
Schultheis
Yes
Bacon
Yes
Williams
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:40 PM -- Senate Bill 09-049

Senator Tochtrop, prime sponsor, asked that the committee postpone Senate Bill 09-049 indefinitely.
BILL:SB09-049
TIME: 01:41:02 PM
MOVED:Cadman
MOTION:Moved that Senate Bill 09-049 be postponed indefinitely. The motion passed on a 5-0-0 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Schultheis
Yes
Bacon
Yes
Williams
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:41 PM -- Senate Bill 09-074

Senator Brophy, prime sponsor, described the provisions of Senate Bill 09-074. He said that gun ownership is an individual right and noted that Colorado has laws regarding safe storage of firearms. He said that Senate Bill 09-074 will eliminate these laws and reduce potential litigation relating to safe gun storage. He said that there is growing concern regarding gun owners' rights in Colorado.

The following persons testified on Senate Bill 09-074.

01:45 PM -- Chris Olson, representing the Colorado Association of Chiefs of Police, stated the opposition of his organization to Senate Bill 09-074. He said that this opposition is due to concerns with the constitutionality of Senate Bill 09-074, and the safety of the public. He stated concern with the definition of the term "accessory" in Senate Bill 09-074 and said that local governments should be able to regulate the safe storage of firearms.

01:52 PM -- Ted Pascoe, representing Colorado Ceasefire, opposed Senate Bill 09-074. He said that Senate Bill 09-074 is an overreaction to a recent Supreme Court case. He said that Senate Bill 09-074 will contradict the findings of this Supreme Court decision. He noted that nineteen states have enacted similar laws. He said that Senate Bill 09-074 will allow the sale of machine guns in Colorado and that it will be dangerous to the public.

02:00 PM -- Denise Washington, representing the Colorado Coalition Against Domestic Violence, opposed Senate Bill 09-074. She said that gun ownership is a right, but that the guns should be stored safely. She said that the requirement to lock a gun gives potential victims some time to leave the scene before a gun can be used in a crime.

02:07 PM -- Steve Schreiner, President, Firearms Coalition of Colorado, supported Senate Bill 09-074. He said that there are many types of weapons that have "selective fire capability."

02:09 PM -- David Kopel, representing the Independence Institute, said that his organization has not taken an official position on Senate Bill 09-074. He commented on the rights of offenders to obtain weapons, and on the right of an individual to own a machine gun. He commented on the City of Denver's regulation of firearms, and said that Denver's ordinance is well-intentioned, but problematic. He noted that the Denver ordinance prevents teaching a child the safe operation of a firearm, and that many other legitimate activities are prohibited by the ordinance. He said that there are many dangerous things in a home and that the state already has good laws addressing reckless endangerment. He noted that firearms deaths have declined dramatically over the last 50 years.
BILL:SB09-074
TIME: 02:29:56 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-074 be postponed indefinitely. The motion passed on a 3-2-0 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
No
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:30 PM -- Senate Bill 09-084

Senator Scheffel, prime sponsor, said that Senate Bill 09-084 is a technical bill addressing electronic filing in the Secretary of State's Office. He noted that Senate Bill 09-084 makes technical changes concerning documents that are filed with the Secretary of State and allows the amendment of financial statements by persons filing these documents.

The following persons testified on Senate Bill 09-084:

02:31 PM -- Brian Gryth, representing the Office of the Secretary of State, said that Senate Bill 09-084 makes technical changes to the Uniform Commercial Code, and in particular, changes relating to secure transactions under the code. He said that Senate Bill 09-084 makes clarifications concerning the filing of financial statements, and will facilitate computer programming on the part of the Secretary of State. He noted that banks typically make secure transactions addressed by Senate Bill 09-084.

02:40 PM -- Charles Calvin, Denver, representing himself, said that he participated in the drafting of Senate Bill 09-084. He noted that Colorado's current law in this area dates from the late 1990s, and that Senate Bill 09-084 strikes provisions in Colorado law that differ from recommendations of the Commission on Uniform State Laws. He said that Secretary of State Buescher supports the bill, as did the former Secretary of State.
BILL:SB09-084
TIME: 03:01:10 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-084 be favorably recommended to the Committee of the Whole. The motion passed on a 5-0-0 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Schultheis
Yes
Bacon
Yes
Williams
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:02 PM

The committee meeting recessed.