House Committee on State, Veterans, & Military Affairs (04/06/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/06/2010	ATTENDANCE

Time:	01:33 PM to 03:05 PM	Casso	X
		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	X
	Bo Pogue	Waller	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1392 HB10-1366 HB10-1370		Referred to the Committee of the Whole Amended, Referred to Finance Amended, Referred to Appropriations

01:33 PM

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

01:34 PM -- House Bill 10-1392

Representative Benefield, prime sponsor, presented House Bill 10-1392, concerning the membership of the Government Data Advisory Board. Representative Benefield commented on the bill.

01:35 PM

The following person testified regarding House Bill 10-1392:

01:36 PM -- Ms. Micheline Casey, representing the Office of Information Technology, testified in favor of the bill. Ms. Casey discussed the mission and work of the Government Data Advisory Board, and explained the reasons for expanding the membership of the board. Discussion ensued regarding the potential for expanding the membership of the board through the rule making process. Ms. Casey responded to questions regarding representation of the legislative branch on the board.

01:39 PM

No amendments were offered to House Bill 10-1392. Representative Benefield made closing remarks in favor of the bill.


BILL:	HB10-1392
TIME:	01:39:27 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 10-1392 to the Committee of the Whole 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

01:40 PM -- House Bill 10-1366

Representative Apuan, prime sponsor, presented House Bill 10-1366, concerning the prohibition of a person who is serving a sentence under community supervision as a result of conviction for certain offenses from acting as a petition circulator. Representative Apuan presented background information on the initiative petition signature-gathering process, and discussed the need for the legislation. Discussion ensued regarding instances involving petition circulators that have been convicted of sex offenses in the past. Representative Apuan responded to questions regarding the applicability of the bill to petitions currently circulating or that have been circulated in the past, and applicability of the bill to private-sector entities that perform background checks associated with petition gathering. Discussion followed regarding applicability of the bill to those convicted of theft or fraud crimes, and the potential for applying the bill's restrictions to all individuals convicted of sex crimes, including those who are no longer under probation or parole.

01:49 PM

The following persons testified regarding House Bill 10-1366:

01:49 PM -- Mr. Chris Lobanov-Rostovsky, representing the Department of Public Safety, testified in favor of the bill. Mr. Lobanov-Rostovsky discussed the importance of keeping certain personal information found on initiative petitions away from sex offenders, and the potential for including individuals convicted of certain nuisance crimes under the scope of the bill's restrictions.

01:54 PM -- Mr. Michael Shea, representing the Governor's Office, testified in favor of House Bill 10-1366. Mr. Shea provided background on similar legislation that was vetoed by the Governor in 2008, and explained how excluding non-probationary and non-parole sex offenders from the scope of the bill will allow it to pass constitutional muster. Discussion ensued regarding public safety issues associated with convicted sex offenders who are no longer under parole or probation supervision, and the constitutional issues associated with excluding this population from the scope of the bill.

01:59 PM

Representative Apuan explained the effect of prepared amendment L.001 (Attachment A).


BILL:	HB10-1366
TIME:	01:59:55 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Todd
		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

02:01 PM

Representative Apuan provided closing remarks in favor of House Bill 10-1366.


BILL:	HB10-1366
TIME:	02:01:29 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 10-1366, as amended, to the Committee on Finance with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Hullinghorst
		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

02:03 PM -- House Bill 10-1370

Representative Court, prime sponsor, presented House Bill 10-1370, concerning certain disclosure requirements that apply to statewide ballot measures. Representative Court explained the effect of the bill, and discussed support for the bill from a disparate collection of advocates. Representative Court also discussed the importance of disclosure associated with ballot petitions.

02:06 PM

The following persons testified regarding House Bill 10-1370:

02:07 PM -- Ms. Alice Ramsey, representing the League of Women Voters, testified in favor of the bill. Ms. Ramsey discussed the importance of disclosure in the initiative petition process.

02:08 PM -- Ms. Elena Nunez, representing Colorado Common Cause, testified in favor of House Bill 10-1370. Ms. Nunez discussed the benefits of strengthening initiative petition disclosure requirements.

02:09 PM -- Mr. Phil Hayes, representing the American Federation of Labor-Congress of Industrial Organizations, testified in favor of the bill. Mr. Hayes discussed the need for additional disclosure from issue committees.

02:11 PM -- Mr. Luis Torro, representing Colorado Ethics Watch, testified in favor of House Bill 10-1370. Mr. Torro discussed the disclaimer portion of the bill for issue committees, and the importance of such requirements. Mr. Torro also discussed court jurisdiction over disclosure requirements, as clarified in the bill. Discussion ensued regarding current requirements for disclosure of contributions to initiative campaigns, and how House Bill 10-1370 will affect these requirements. Discussion followed regarding provisions in the bill that require tracking of input during the process of creating the Blue Book. Discussion followed regarding the potential for amending these provisions in the bill.

02:22 PM

Discussion ensued regarding the applicability of the disclosure provisions of the bill during the Blue Book process to local governments. Discussion followed regarding including the names of those contributing language to the Blue Book process in the Blue Book itself, and language in the bill directing Blue Book readers to information on ballot proponents and opponents on the Secretary of State's website. Mr. Dan Cartin and Ms. Sharon Eubanks, representing the Office of Legislative Legal Services, provided input on the disclosure requirements associated with this language, and the Blue Book drafting process in general. Discussion ensued regarding the potential for reducing the number of times this language will be repeated in the Blue Book as a result of House Bill 10-1370. Discussion followed regarding the number of issue committees that would be listed on the Secretary of State's website.

02:34 PM

Discussion continued regarding the potential for including a listing of proponents and opponents associated with each ballot measure within the Blue Book. Discussion followed regarding how input from proponents and opponents is recorded during the drafting of the Blue Book, and the initiative petition process in general. Discussion turned to the definition of "issue committee" in state law.

02:45 PM

Mr. Cartin responded to questions regarding what constitutes a petition section within the context of signature collection for ballot initiatives. Discussion ensued regarding the benefits of listing initiative proponents and opponents on the Secretary of State's website, versus printing them in the Blue Book. Mr. Mike Mauer and Ms. Susan Liddle, representing Legislative Council Staff, provided background on potential costs associated with listing initiative proponents and opponents in the Blue Book.

02:55 PM

Discussion ensued regarding the inclusion of individuals representing themselves in the information to be published on the Secretary of State's website under House Bill 10-1370. Discussion returned to the listing of proponents and opponents in the Blue Book as opposed to providing this information on the Secretary of State's website.

02:59 PM -- Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in favor of the bill.

03:00 PM

Representative Court explained the effect of prepared amendment L.001 (Attachment B).


BILL:	HB10-1370
TIME:	03:01:02 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Todd
		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

03:02 PM

Representative Court provided closing remarks in favor House Bill 10-1370.


BILL:	HB10-1370
TIME:	03:02:41 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 10-1370, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Todd
		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

03:03 PM

The committee discussed the upcoming meeting schedule. The committee adjourned.