House Committee on State, Veterans, & Military Affairs (05/10/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	05/10/2010	ATTENDANCE

Time:	08:02 AM to 11:02 AM	Casso	*
		Court	X
Place:	HCR 0112	DelGrosso	X
		Hullinghorst	*
This Meeting was called to order by		McCann	*
	Representative Todd	Miklosi	X
		Murray	X
This Report was prepared by		Nikkel	*
	Bo Pogue	Waller	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-192 SB10-198 SB10-203 SB10-213 SB10-216		Amended, Referred to Appropriations Referred to Appropriations Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

08:02 AM

The committee was called to order. A quorum was present.

08:03 AM -- Senate Bill 10-192

Representative Sonnenberg, prime sponsor, presented Senate Bill 10-192, concerning the use of revenues derived from limited gaming activity to fund restoration work on the State Capitol building. Representative Sonnenberg explained the effect of the bill. The following persons testified regarding Senate Bill 10-192:

08:05 AM -- Mr. James Hare, representing Colorado Preservation, Inc., testified in favor of the bill.

08:05 AM -- Ms. Lisa Esgar, representing the Office of State Planning and Budgeting, testified in favor of the bill. Ms. Esgar explained the effect of the legislation. Discussion ensued regarding the potential for advertising to appear on the dome to sponsor its restoration under this bill and companion legislation. Discussion followed regarding the use of State Historical Fund moneys to assist with dome restoration. Mr. Ed Nichols, representing the Colorado Historical Society, provided clarification regarding this discussion. Mr. Nichols responded to questions regarding the amount of money in the State Historical Fund. Mr. Steve Turner, Director of the State Historical Fund, responded to questions regarding the amount of money in the fund already dedicated to grants. Mr. Nichols responded to questions regarding the outlook for private fund raising for the dome project.

08:16 AM


BILL:	SB10-192
TIME:	08:16:11 AM
MOVED:	Todd
MOTION:	Moved prepared amendment L.010 (Attachment A). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

08:16 AM


BILL:	SB10-192
TIME:	08:16:45 AM
MOVED:	Nikkel
MOTION:	Moved to refer Senate Bill 10-192, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:18 AM -- Senate Bill 10-198

Representative McKinley, prime sponsor, presented Senate Bill 10-198, concerning a reduction in the amount of the penalty for late vehicle registration for certain vehicles without motive power. Representative McKinley responded to questions regarding the reasons for exempting the type of equipment from late fees that is the focus of the bill. Discussion ensued regarding the impact of the bill on county revenues and the Highway Users Tax Fund. Discussion followed regarding use of transportation moneys for non-transportation projects, and the easing of costs for certain sectors of the economy by the bill. Representative McKinley responded to questions regarding the opinion of the Colorado Department of Transportation on the bill.

08:28 AM

Discussion ensued regarding the erosion of funding for transportation infrastructure.

08:29 AM

No one testified regarding Senate Bill 10-198, and there were no amendments offered to the bill. Discussion returned to the erosion of funding for transportation infrastructure projects.


BILL:	SB10-198
TIME:	08:31:35 AM
MOVED:	Hullinghorst
MOTION:	Moved to refer Senate Bill 10-198 to the Committee on Appropriations with favorable recommendation. The motion passed on an 8-3 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	Yes
	Court	No
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	No
	Todd	No

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:32 AM -- Senate Bill 10-203

Representative Weissmann, prime sponsor, presented Senate Bill 10-203, concerning independent expenditures in Colorado elections after the United States Supreme Court case of Citizens United V. Federal Elections Comm'n. Representative Weissmann provided background on the issues affected by the bill, and explained the effect of the legislation. Representative Weissmann also discussed the effect of certain forthcoming technical amendments. Representative Weissmann explained the effect of the bill on so-called "527" issue committees. Discussion ensued regarding the effect of current law on campaign finance expenditures and disclosure as compared to the bill, and the need for Senate Bill 10-203.

08:39 AM

The following persons testified regarding Senate Bill 10-203:

08:39 AM -- Mr. Bernie Buescher, Secretary of State, testified in favor of the bill. Mr. Buescher explained the effect of the bill on independent expenditures and disclosure of such expenditures. Mr. Buescher also explained the creation of a new entity for making independent expenditures under the bill. Mr. Buescher responded to questions regarding how independent expenditure committees will operate, and further how they will relate to other types of campaign finance entities. Mr. Buescher responded to further questions regarding the need to create the independent expenditure committee entity for disclosure purposes. Discussion ensued regarding the beneficiaries of creating this entity. Mr. Buescher responded to questions regarding the ability of foreign and nondomestic corporations to make independent expenditures under Senate Bill 10-203.

08:50 AM

Discussion continued regarding the treatment of foreign and nondomestic corporations by the bill. Committee members received two flow charts, one diagraming how independent expenditures are made under current law (Attachment B), and one diagraming how independent expenditures would be made under Senate Bill 10-203 (Attachment C). Discussion ensued regarding the desire of the public to have increased disclosure of campaign finance expenditures, and the effect of the bill on 527 groups. Discussion followed regarding the treatment of ballot issue committees by Senate Bill 10-203, and the balance of disclosure between corporations and labor unions under the bill.

09:00 AM

Discussion continued regarding the treatment of foreign corporations and labor unions by Senate Bill 10-203. Mr. Buescher responded to questions regarding the ability of individuals to make independent expenditures, or to make candidate donations, under the bill. Mr. Buescher responded to further questions regarding the need for individuals to create independent expenditure committees to make independent expenditures under the bill. Discussion ensued regarding the need to define "contribution" in Senate Bill 10-203.

09:07 AM -- Mr. Greg Romberg, representing the Colorado Press Association and Colorado Broadcasters Association, testified in favor of the bill. Mr. Romberg spoke in favor of the public disclosure aspects of the bill. Mr. Romberg responded to questions regarding the proper level of required disclosure for campaign finance expenditures and entities.

09:09 AM -- Mr. Phil Hayes, representing the Colorado American Federation of Labor-Congress of Industrial Organizations, testified in favor of Senate Bill 10-203. Mr. Hayes responded to questions regarding the applicability of the foreign corporation restrictions in the bill to international unions. Discussion ensued regarding the potential for increased campaign finance disclosure under the bill, and the impact of the bill on entity compliance. Discussion followed regarding the disclosure requirements for individuals in membership organizations under the bill. Mr. Hayes responded to questions regarding how unions determine their election-related expenditures.

09:19 AM

Discussion returned to the need for the disclosure requirements in Senate Bill 10-203, and how these requirements will represent changes from current law. Discussion ensued regarding how corporations and labor unions are similar in the processes by which they determine their expenditures on election-related issues. Discussion included the process by which union membership is apprised of union positions on elections. Discussion turned to the difference between "contribution" language in current law and "donation" language in the bill, and disclosure requirements associated with these activities.

09:30 AM

Mr. Hayes responded to questions regarding treatment of disclosure requirements for those who pool their resources to make campaign expenditures, and those who do so individually.

09:31 AM -- Ms. Elena Nunez, representing Colorado Common Cause, testified in favor of the bill. Ms. Nunez spoke in favor of disclosure of campaign finance expenditures, as well as disclaimer laws.

09:33 AM -- Ms. Shirley Francis-Fraser, representing the League of Women Voters, testified in favor of Senate Bill 10-203. Ms. Francis-Fraser discussed the U.S. Supreme Court decision in Citizens United, and spoke in favor of the bill's disclosure mechanisms. Ms. Francis-Fraser explained how the bill changes these requirements in light of the Citizens United decision. Ms. Francis-Fraser responded to questions regarding how the bill "overturns" the Citizens United decision, and the treatment of both corporations and unions by the bill.

09:38 AM -- Mr. Mark Grueskin, representing Citizens for Integrity, testified in favor of the bill. Mr. Grueskin explained how the bill closes a disclosure loophole in light of the Citizens United decision. Mr. Grueskin addressed earlier questions regarding the need for parallel disclosure requirements in state law for corporations and labor unions, as opposed to amending current campaign finance disclosure requirements. Mr. Grueskin then addressed other questions posed during earlier discussions. Mr. Grueskin responded to questions regarding the definition of "donation" in forthcoming amendment L.009 (Attachment D). Discussion ensued regarding the campaign finance disclosure requirements applied to donors under certain circumstances.

09:49 AM

The committee recessed.

10:38 AM

The committee returned to order. Representative Weissmann explained the effect of prepared amendment L.009.


BILL:	SB10-203
TIME:	10:40:27 AM
MOVED:	Court
MOTION:	Moved prepared amendment L.009 (Attachment D). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:40 AM


BILL:	SB10-203
TIME:	10:41:10 AM
MOVED:	Court
MOTION:	Moved to refer Senate Bill 10-203, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 7-4 roll call vote.
SECONDED:	Casso
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	No
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Waller	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:41 AM -- Senate Bill 10-213

Representative Weissmann, prime sponsor, presented Senate Bill 10-213, concerning committees created by the Colorado General Assembly that operate during the interim. Discussion ensued regarding a forthcoming amendment to exempt self-funded committees from the 2010 moratorium on interim committee activities. Representative Weissmann explained the purpose of the bill. No one testified on the bill.


BILL:	SB10-213
TIME:	10:44:42 AM
MOVED:	Miklosi
MOTION:	Moved prepared amendment L.003 (Attachment E). The motion passed on an 8-3 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	No
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB10-213
TIME:	10:45:22 AM
MOVED:	Todd
MOTION:	Moved to refer Senate Bill 10-213, as amended, to the Committee on Appropriations with a favorable recommendation. The motion was withdrawn.
SECONDED:	Miklosi
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB10-213
TIME:	10:46:18 AM
MOVED:	Todd
MOTION:	Moved to refer Senate Bill 10-213, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 10-1 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	Yes
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:47 AM -- Senate Bill 10-216

Representative Court, prime sponsor, presented Senate Bill 10-216, concerning the order in which statewide ballot measures appear on a ballot. Representative Court discussed the need for the bill and explained its effect. Representative Court explained her reasons for wanting to reorder the appearance of ballot issues. Committee members expressed their opinions on the subjects of representative government and direct democracy.

10:52 AM

The following person testified regarding Senate Bill 10-216:

10:52 AM -- Ms. Elena Nunez, representing Colorado Common Cause, testified in opposition to the bill. Ms. Nunez discussed the importance of the ballot petition process, as expressed in the Colorado Constitution, and the potential impact of reordering ballot issues on the ballot process. Ms. Nunez responded to questions regarding the reasons for the current ordering of initiatives and referenda on the ballot. Discussion ensued regarding recent efforts to make a distinction between initiatives and referenda on the ballot. Discussion followed regarding the displacement of expressions of the "grass roots" by the bill, and the relative importance of initiatives and referenda as expressed on the ballot.

11:00 AM

No amendments were offered to Senate Bill 10-216.


BILL:	SB10-216
TIME:	11:01:17 AM
MOVED:	Court
MOTION:	Moved to refer Senate Bill 10-216 to the Committee of the Whole with favorable recommendation. The motion passed on a 7-4 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	No
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Waller	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:02 AM

The committee adjourned.