Bill Summary for Bill Number HB10-1408

Date: 04/27/2010

Final
BILL SUMMARY for HB10-1408

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Moved prepared amendment L.009 (Attachment A). Th Moved to refer House Bill 10-1408, as amended, to	PASS PASS

01:39 PM

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

01:40 PM -- House Bill 10-1408

Representative Weissmann, prime sponsor, presented House Bill 10-1408, concerning the repeal of statutory directions concerning Congressional districts. Testimony was heard on the bill at the committee's April 22nd meeting. Representative Weissmann discussed the competitiveness of the state's Congressional districts, and the guidelines that courts must follow when considering redistricting outside of those in state statute. Representative Weissmann discussed the difference between reapportionment and redistricting, and responded to questions regarding how decisions on reapportionment and redistricting differ. Discussion ensued regarding the politicization of redistricting in both the legislature and the judicial branch.

01:51 PM

Discussion continued regarding the politicization of redistricting, and how the court ruled on the Congressional district boundaries during the last round of redistricting. Discussion ensued regarding redistricting legislation that was run in 2009. Representative Miklosi provided background on the process that resulted in passage of legislation providing guidelines to the courts when considering redistricting, and the effect of this legislation.

02:03 PM

Discussion continued regarding the process by which redistricting legislation was passed in 2003, and the importance of providing guidelines in statute for the courts to consider during its redistricting determinations. Representative Court discussed the definition of gerrymander, and spoke against providing instructions to the courts through statute. Discussion followed regarding the relative importance of criteria to be considered by the courts during redistricting, and the enumeration of these criteria. Discussion returned to the process that took place in considering redistricting legislation in 2003, and how that process compares to consideration of House Bill 10-1408.

02:13 PM

Discussion returned to the politicization of the redistricting process in the judiciary, and the court's determinations during the last round of redistricting. Discussion turned to the impartiality of the judiciary in general, and the roles of the courts and the legislature in redistricting. Discussion returned to the impartiality of Colorado's judiciary.

02:24 PM

Discussion ensued regarding the criteria in state law to be considered by the courts in making redistricting determinations, which would be stricken by House Bill 10-1408, and the political advantage inherent in this list of criteria. Representative Weissmann responded to questions regarding his objections to the criteria list, and the ordering of such list. Discussion followed regarding the importance of considering district competitiveness when districts consider redistricting.

02:34 PM

Discussion continued regarding the criteria to be considered by courts when making redistricting determinations.

02:35 PM

The following persons testified regarding House Bill 10-1408:

02:36 PM -- Mr. Wayne Williams, representing El Paso County, provided further testimony regarding the bill. Mr. Williams discussed the importance of not splitting communities of interest in redistricting to the people of El Paso County, and the role of the judiciary in the redistricting process. Mr. Williams next discussed the importance of providing statutory guidelines to the courts to consider when making redistricting determinations, and the position of Colorado Counties, Incorporated on House Bill 10-1408. Mr. Williams then discussed instances of gerrymandering, and urged the committee to hold its vote on the bill. Mr. Williams discussed the process by which judges are appointed.

02:47 PM

Discussion continued regarding the judicial appointment process. Mr. Williams discussed the redistricting process in Colorado prior to 2001 as compared to 2001, and urged the committee to amend House Bill 10-1408 to address certain concerns. Mr. Williams responded to questions regarding the importance of compactness as a redistricting criterion, his opinion of ranking criteria for the courts to consider, and the potential for El Paso County to be split in a future round of redistricting. Mr. Williams responded to questions regarding the splitting up of El Paso County during previous redistricting efforts.

02:58 PM -- Ms. Christine Watson, representing the League of Women Voters, returned to provide further testimony on House Bill 10-1408, explaining the league's cautious stance on the bill. Ms. Watson discussed the league's position on keeping a statutory list of criteria for the courts to consider during redistricting, and the prioritization of this list. Ms. Watson discussed the league's preferred order of criteria priority. Ms. Watson responded to questions regarding the league's position on creating a redistricting criteria list prior to 2003, and the league's position on the legislation that created the current criteria list.

03:09 PM

Discussion continued regarding past positions of the League of Women Voters on certain redistricting-related issues. Discussion followed regarding the process that took place during the last round of redistricting. Mr. Williams provided background on this the last round of redistricting. Ms. Watson provided clarification on the league's position on the legislature providing redistricting guidelines to the judiciary. Ms. Watson responded to questions regarding the importance of district competitiveness.

03:16 PM -- Ms. Tina McDonald, representing herself, testified in opposition to the bill. Ms. McDonald discussed the political dynamics of her rural community, and how the redistricting criteria list serves rural interests.

03:19 PM -- Mr. Matt Arnold, representing himself and Clear the Bench Colorado, testified in opposition to House Bill 10-1408. Mr. Arnold discussed the partisanship of Colorado's courts, and the need for the legislature to provide guidance to the judiciary as it considers redistricting matters. Mr. Arnold also discussed the issues of gerrymandering and the competitiveness criteria. Mr. Arnold responded to questions regarding the actions of the Colorado Supreme Court pertaining to redistricting during the last effort. Mr. Arnold responded to further questions regarding lawsuits associated with that round of redistricting. Mr. Arnold responded to questions regarding the likelihood that the judiciary would consider past electoral performance in determining Congressional districts.

03:30 PM -- Mr. Scott Martinez, representing himself, testified in favor of the bill. Mr. Martinez discussed his role during the last round of redistricting. Mr. Martinez explained why factors considered in the reapportionment process are not used during redistricting. Discussion ensued regarding this point. Discussion followed regarding efforts to provide guidance to the judiciary in the service of urging the judiciary to act in a nonpartisan manner on redistricting issues.

03:42 PM

Discussion returned to the roles of the judiciary and legislature in the redistricting process.

03:43 PM -- Mr. Loren Avis, representing himself, testified in opposition to House Bill 10-1408. Mr. Avis discussed the potential for "judicial mischief" if the list of redistricting criteria is stricken. Mr. Avis responded to questions regarding the neutrality of these criteria.

03:46 PM -- Ms. Marty Neilson, representing herself, testified in opposition to the bill. Ms. Neilson spoke against the court's activities during the last round of Congressional redistricting.

03:47 PM

The bill was laid over.

05:18 PM -- House Bill 10-1408

The committee returned to considering House Bill 10-1408. Discussion ensued regarding the effect of prepared amendment L.009 (Attachment A). Representative Todd read the amendment into the record. Representative Weissmann responded to questions regarding the fact that the amendment does not address political party affiliation, and the removal of prioritization from the criteria list. Representative Weissmann explained a portion of the criteria list in current law, and the lack of strict requirements in the amendment for the judiciary when considering redistricting matters. Discussion followed regarding the criteria the legislature must consider when drawing Congressional district boundaries.

05:30 PM

Discussion ensued regarding the potential for amending amendment L.009 to require the judiciary to consider certain factors during redistricting, rather than granting the judiciary discretion.


BILL:	HB10-1408
TIME:	05:19:07 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.009 (Attachment A). The motion passed on an 8-2-1 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	No
	Waller	No
	Labuda	Yes
	Todd	Yes

Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:32 PM


BILL:	HB10-1408
TIME:	05:32:55 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 10-1408, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a 7-3-1 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	No
	Hullinghorst	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	No
	Waller	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS