Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:01/28/2009
ATTENDANCE
Time:01:35 PM to 03:43 PM
Boyd
X
Cadman
E
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:
SB09-008
SB09-065
SB09-082
SB09-083		Postponed Indefinitely
Referred to the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely

01:36 PM

Senator Williams, Chair, called the meeting to order.

01:36 PM -- Senate Bill 09-008

Senator Harvey, prime sponsor, said that Senate Bill 09-008 is patterned after Colorado's "make-my-day" law and will allow business owners and employees to protect their lives and property.

The following persons testified on Senate Bill 09-008:

01:41 PM -- Mark Beckner, representing the Colorado Association of Chiefs of Police, opposed Senate Bill 09-008 and said that there are sufficient laws in place currently to protect the public. He said that deadly force is already allowed under Colorado law if a person believes that they are in imminent danger of bodily harm or death. He said that it is appropriate that different standards are in place for a residence. However, he said that these standards should not be applied to public places. He said that, as a business owner, "your doors are open to the public."

01:51 PM -- Jean Grattei, representing Colorado Ceasefire, opposed Senate Bill 09-008. She said that Senate Bill 09-008 will allow the use of deadly force as a first resort, rather than a last resort, and that it is difficult to assess the intent of a person who may prove to be no threat. She said that it is not acceptable to take a life if your own life is not in danger. She added that it is he role of law enforcement to investigate the circumstances of each individual case, and that discretion should not be removed from law enforcement personnel.

01:57 PM -- Rebecca West, Boulder, representing Colorado Ceasefire, opposed Senate Bill 09-008. She said that Senate Bill 09-008 infringes on personal liberty and is vague. She said that she supports the right to bear arms. However, she added that the state does not need vigilantes, and that it is the role of the police to protect the public.


02:08 PM -- Denise Washington, representing the Colorado Coalition Against Domestic Violence, said that standards set in Senate Bill 09-008 permitting the use of deadly force are too liberal and that these standards would permit the use of deadly force if a business owner or employee believes that any threat is posed.

02:12 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, supported Senate Bill 09-008. She said that her organizations opposed the original make-my-day law many years ago. She stated that the original make-my-day law has not been problematic. Similarly, she does not expect that this proposed law will be abused. She said that the new law will send a message to business owners that they may protect themselves.

02:16 PM -- Ken Burk, representing the Weld County District Attorney's Office, said that criminals consider whether a homeowner or business owner is armed prior to committing a crime. He said that the Senate Bill 09-008 will serve as a significant deterrent to crime.

02:22 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, said that the Senate Bill 09-008 will provide an effective deterrent to crime.
BILL:SB09-008
TIME: 02:28:35 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-008 be postponed indefinitely. The motion passed on a 3-1-1 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Excused
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:SB09-008
TIME: 02:31:11 PM
MOVED:Boyd
MOTION:Moved to reconsider the prior motion, and that the roll call on the prior motion be reversed. The motion failed on a 1-3-1 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Excused
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 1 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: FAIL

02:32 PM -- Senate Bill 09-065

Senator Schultheis, prime sponsor, said that Senate Bill 09-065 was initiated by the State Audit Committee, and would delete the requirement for a quadrennial review of the administration of the Public Safety Communications Trust Fund by the committee.

02:32 PM -- Kerri Hunter, Office of the State Auditor, said that the State Audit Committee identified this audit as a "lower risk audit," and that the deletion of the scheduled audit of the fund is appropriate.
BILL:SB09-065
TIME: 02:35:43 PM
MOVED:Schultheis
MOTION:Moved that Senate Bill 09-065 be referred to the to Committee of the Whole, and with a recommendation that it be placed on the consent calendar. The motion passed on a 3-0-2 roll call vote.
SECONDED:
VOTE
Boyd
Excused
Cadman
Excused
Schultheis
Yes
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:37 PM -- Senate Bill 09-082

Senator Schultheis, prime sponsor, presented Senate Bill 09-082, and commented on refund mechanisms available for Taxpayer's Bill of Rights (TABOR) surplus refunds . He noted that there have been no TABOR refunds to Colorado taxpayers since 2001. He said that Senate Bill 09-082 will remove 16 of 17 existing refund mechanisms available under current law for TABOR surplus refunds. He noted that the sales tax refund mechanism is not eliminated by Senate Bill 09-082. He said that, eventually, the refund mechanisms will prevent any TABOR refunds to the taxpayers who actually contributed the tax dollars. He distributed a list of TABOR surplus refund mechanisms to the committee (Attachment A.) Senator Boyd said that each of the mechanisms should be examined based on its own merits.

090128AttachA.pdf

The following persons testified on Senate Bill 09-082:

02:52 PM -- Chaer Robert, representing the Women's Lobby of Colorado, said that low-income persons do not benefit from reductions in the state income tax, and should benefit in the future from a surplus refund mechanism. She said that members of this group do pay many other types of taxes. She asked that the Earned Income Tax Credit mechanism be continued as a TABOR refund mechanism.

02:58 PM -- Kathy White, representing the Colorado Fiscal Policy Institute, opposed Senate Bill 09-082. She commented the state's six-tier sales tax refund mechanism, and said that it renders Colorado's sales tax imposition "more progressive." She said that this refund mechanism reaches 265,000 low-income Colorado families and that it should be retained as a TABOR refund mechanism in spite of the fact that it will not likely be available to low-income families until 2013. She opposed the Senate Bill 09-082.

BILL:SB09-082
TIME: 03:09:46 PM
MOVED:Schultheis
MOTION:Moved that Senate Bill 09-082 be referred to the Committee of the Whole. The motion failed on a 1-3-1 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Excused
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 1 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-082
TIME: 03:10:20 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-082 be postponed indefinitely. The motion passed on a 3-1-1 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Excused
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:10 PM -- Senate Bill 09-083

Senator Schultheis, prime sponsor, commented on Senate Bill 09-083, stating that it would expand restrictions on the use of public resources to influence political campaigns. He addressed communications that would be permitted under Senate Bill 09-083. He said that the degree to which public employees may engage in such activities is currently unclear. He said that his proposal would not infringe upon free speech rights.
BILL:SB09-083
TIME: 03:30:27 PM
MOVED:Schultheis
MOTION:Moved a prepared amendment to Senate Bill 09-083, L.001 (Attachment B.) The motion passed without objection.
SECONDED:
VOTE
Boyd
Cadman
Schultheis
Bacon
Williams
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB09-083
TIME: 03:41:33 PM
MOVED:Schultheis
MOTION:Moved that Senate Bill 09-083 be referred to the Committee on Appropriations, as amended. The motion failed on a 1-3-1 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Excused
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 1 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-083
TIME: 03:42:25 PM
MOVED:Bacon
MOTION:Moved that Senate Bill 09-083 be postponed indefinitely. The motion passed on a 3-1-1 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Excused
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:43 PM

The committee meeting recessed.