Date: 04/06/2010

Final
BILL SUMMARY for HB10-1366

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment A). Th
Moved to refer House Bill 10-1366, as amended, to 		Pass Without Objection
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).

10HseState0406AttachA.pdf
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