House Committee on State, Veterans, & Military Affairs (04/22/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/22/2010	ATTENDANCE

Time:	11:02 AM to 12:27 PM	Casso	X
		Court	X
Place:	HCR 0112	DelGrosso	X
		Hullinghorst	*
This Meeting was called to order by		McCann	X
	Representative Todd	Miklosi	X
		Murray	X
This Report was prepared by		Nikkel	X
	Bo Pogue	Waller	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1403 HB10-1408		Amended, Referred to Appropriations Witness Testimony and/or Committee Discussion Only

11:02 AM

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

11:03 AM -- House Bill 10-1403

Representative A. Kerr, prime sponsor, presented House Bill 10-1403, concerning commercial notifications with regard to the Secretary of State. Representative Kerr explained the effect of the bill and discussed its fiscal impact. Representative Kerr responded to questions regarding provisions in the bill that allow the Secretary of State to provide notice of certain activities electronically. Representative Kerr responded to further questions regarding certain fees assessed by the Secretary of State, and how these assessment powers are affected by the bill. Discussion ensued regarding a forthcoming amendment to the bill, L.001, that affects these fees. Discussion followed regarding language in the bill granting authority to the Secretary of State to provide electronic notice in certain circumstances.

11:13 AM

Discussion ensued regarding the proper level of discretion to be granted to the Secretary of State in choosing how to provide its required notifications. The following persons testified regarding House Bill 10-1403:

11:14 AM -- Mr. Rich Coolidge, representing the Secretary of State, testified in favor of the bill. Mr. Coolidge discussed the benefits of allowing the Department of State to provide electronic notifications, and addressed earlier discussions pertaining to the fees levied by the department. Mr. Coolidge responded to questions regarding the fiscal impact of the bill, and the effect of a forthcoming amendment. Discussion ensued regarding the reasons that notices are sent to business entities under certain circumstances, and the ability of the Department of State to correspond electronically with the business entities that file with the department. Discussion returned to the effect of a forthcoming amendment, and the potential for amending the bill to allow for reduced fees for those entities that receive notices electronically.

11:24 AM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified regarding House Bill 10-1403. Mr. Gagliardi expressed concern over certain language in the bill that allows the Department of State to assess charges associated with providing electronic notices. Discussion ensued regarding the potential for amending the bill to strike such language.

11:31 AM

Representative Labuda moved to strike the section in House Bill 10-1403 pertaining to fee assessments by the Secretary of State. Mr. Tom Morris, Legislative Legal Services, provided clarification regarding the conceptual amendment.


BILL:	HB10-1403
TIME:	11:31:54 AM
MOVED:	Labuda
MOTION:	Moved a verbal amendment to strike section 13 of the printed bill (page 7, strike lines 1-14). The motion passed without objection.
SECONDED:	DelGrosso
		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


BILL:	HB10-1403
TIME:	11:33:48 AM
MOVED:	Todd
MOTION:	Moved to refer House Bill 10-1403, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Murray
		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

11:34 AM -- House Bill 10-1408

Representative Weissmann, prime sponsor, presented House Bill 10-1408, concerning the repeal of statutory directions concerning Congressional districts. Representative Weissmann provided background on recent jurisprudence associated with redistricting, and explained how House Bill 10-1408 associates with other redistricting-related legislation heard by the committee during the current legislative session. Representative Weissmann then explained the factors that could be considered by courts during Congressional redistricting under the bill. Discussion ensued regarding the process that took place during the last round of redistricting, and the value of the district competitiveness criterion. Representative Weissmann discussed his preference for the Iowa model for Congressional redistricting, and the priority of redistricting criteria under current law. Representative Weissmann responded to questions regarding the value of providing guidelines to the court system in considering redistricting proposals.

11:45 AM

Discussion continued regarding the need to provide statutory guidelines to the courts when considering Congressional redistricting. Discussion ensued regarding the composition of the Redistricting Commission. Committee members received a list of the appointments to the Redistricting Commission (Attachment A). Representative Weissmann discussed the political leanings of the Congressional districts in Colorado. Discussion returned to the composition of the Reapportionment Commission, and how the members are appointed. Discussion next returned to the importance of competitiveness in Congressional districts. Discussion followed regarding the factors that are required to be considered in redistricting in the absence of a statutory list of criteria to be considered by courts, and the impact of ordering a statutory list. Committee members received a section of Title 42 of the United States Code (Attachment B).

11:57 AM

The following persons testified regarding House Bill 10-1408:

11:57 AM -- Ms. Christine Watson, representing the League of Women Voters of Colorado, testified in opposition to the bill. Ms. Watson outlined the league's position on the current statutory criteria that must be considered during judicial determinations of Congressional districts. Ms. Watson then discussed the changes in political mood that have occurred in her neighborhood during her lifetime. Ms. Watson characterized the league's position on the bill as "cautiously opposed." Discussion ensued regarding the potential for running legislation to reorder the current list of criteria. Discussion followed regarding the political considerations involved in creating the current statutory list of criteria.

12:07 PM

Ms. Watson responded to questions regarding the league's position on reordering the criteria list, and clarified the league's position on such list in general.

12:11 PM -- Mr. Wayne Williams, representing El Paso County, testified in opposition to House Bill 10-1408. Mr. Williams discussed the Congressional redistricting criteria that are stricken by the bill which the county favors, and the role of the state legislature in redistricting. Mr. Williams suggested eliminating certain criteria from the criteria list, but not others, and making the list order-neutral. Mr. Williams then provided background on certain sections of Article V of the Colorado Constitution. Mr. Williams next discussed the political and economic dynamics of El Paso County.

12:23 PM

Mr. Williams responded to questions regarding the interplay between the Colorado Constitution and state statute as they pertain to the criteria list. Discussion ensued regarding the importance of not splitting counties and communities of interest during redistricting.

12:27 PM

The committee adjourned.