Date: 04/27/2010

Final
HJR10-1022

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved to refer House Joint Resolution 10-1022 to tPASS



04:32 PM -- House Joint Resolution 10-1022

Representatives Baumgardner and Tipton, prime sponsors, presented House Joint Resolution 10-1022, concerning modification of the federal "Hatch Act of 1939" for certain government employees in rural areas whose positions preclude them from running for partisan political office. Representative Tipton explained how he became acquainted with the issues addressed by the resolution, and discussed the effect of the resolution. Representative Baumgardner provided further background on the resolution. Representative Tipton explained the resolution's characterization of the use of federal money by certain rural officials as "arm's length" use.


04:39 PM

The following persons testified regarding House Joint Resolution 10-1022:

04:39 PM -- Mr. Bernie Buescher, Secretary of State, testified in favor of the resolution. Mr. Buescher explained how distribution of federal Help America Vote Act (HAVA) moneys to a local government invoked the Hatch Act, and provided background on the act. Mr. Buescher discussed the use of the term "arm's length" in the resolution. Discussion ensued regarding how an area is designated as rural for the purposes of the resolution.

04:46 PM -- Ms. Lila Herod, representing herself, testified in favor of House Joint Resolution 10-1022. Ms. Herod explained how the Hatch Act was invoked as a result of the use of HAVA dollars in her county, resulting in loss of her position at the Moffat County Clerk and Recorder's Office. Ms. Herod responded to questions regarding efforts on her part to seek other county employment, and the impact of her employment termination on certain employment benefits.

04:53 PM -- Mr. Kevin "KC" Hume, representing himself, testified in favor of the resolution. Mr. Hume discussed the impact of the Hatch Act on his candidacy for Moffat County coroner, and provided clarification regarding the term "arm's length." Discussion ensued regarding the upcoming Moffat County coroner's race.

04:59 PM -- Mr. John Ponikvar, representing himself, testified in favor of House Joint Resolution 10-1022. Mr. Ponikvar discussed his background, and the human resource needs of rural communities. Mr. Ponikvar also explained how the Hatch Act impacts public service in rural areas due to receipt of federal dollars by agencies with which individuals are employed. Mr. Ponikvar then discussed the need to create exceptions to the Hatch Act. Discussion ensued regarding the definition of rural by the resolution and pending federal legislation. Mr. John McKay, representing the Office of Legislative Legal Services, provided input regarding this issue.


05:10 PM

Discussion ensued regarding the impact of the Hatch Act on service in the nonprofit sector. Mr. Ponikvar discussed the impact of the Hatch Act on rural areas at the national level, and input by certain organizations representing rural interests on the issue. Discussion followed regarding expanding the scope of the resolution to include areas other than rural areas, and the limited pool of persons available for public service in rural areas.


05:16 PM

No amendments were offered to House Joint Resolution 10-1022.
BILL:HJR 10-1022
TIME: 05:16:54 PM
MOVED:Todd
MOTION:Moved to refer House Joint Resolution 10-1022 to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Court
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