Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:03/18/2013
ATTENDANCE
Time:01:32 PM to 03:42 PM
Dore
X
Foote
X
Place:LSB A
Humphrey
X
Labuda
*
This Meeting was called to order by
Melton
X
Representative Ryden
Moreno
X
Nordberg
X
This Report was prepared by
Scott
X
Bo Pogue
Williams
X
Salazar
*
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB13-192
SB13-030
HB13-1258		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:33 PM -- Senate Bill 13-192

The committee was called to order. A quorum was present. Representative Tyler, prime sponsor, presented Senate Bill 13-192, concerning the ability of government agencies to extend the time permitted for action based on the result of fingerprint-based criminal history record checks. Representative Tyler explained the effect of the bill. Representative Tyler responded to questions regarding the time limit for extending criminal background checks under the bill. The following persons testified regarding Senate Bill 13-192:

01:36 PM -- Mr. Ron Jack, representing the Public Utilities Commission, testified in support of the bill. Mr. Jack explained the need for the legislation, discussing the backlog in conducting background checks. Mr. Jack explained how extending the deadline for background checks would benefit the Public Utilities Commission, and reiterated the effect of the bill.

01:38 PM -- Mr. R.J. Hicks, representing the Colorado Motor Carriers Association, testified in support of the bill. Mr. Hicks discussed the benefits of providing flexibility to state agencies that perform background checks. Discussion ensued regarding the benefits of the bill in the area of employment.

















01:41 PM

No amendments were offered to the bill. Representative Tyler provided closing remarks in support of the bill.
BILL:SB13-192
TIME: 01:41:56 PM
MOVED:Labuda
MOTION:Refer Senate Bill 13-192 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Foote
VOTE
Dore
Yes
Foote
Yes
Humphrey
Yes
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
Yes
Scott
Yes
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:43 PM -- Senate Bill 13-030

Representative Nordberg, prime sponsor, presented Senate Bill 13-030, concerning an additional review of rules promulgated pursuant to the "State Administrative Procedure Act" by committees of reference of the General Assembly. Representative Nordberg explained the effect of the bill, and discussed its need.


01:45 PM

No one testified regarding Senate Bill 13-030, and no amendments were offered to the bill. Representative Labuda expressed reservations about the bill.













BILL:SB13-030
TIME: 01:47:02 PM
MOVED:Nordberg
MOTION:Refer Senate Bill 13-030 to the Committee of the Whole. The motion passed on a vote of 10-1.
SECONDED:Salazar
VOTE
Dore
Yes
Foote
Yes
Humphrey
Yes
Labuda
No
Melton
Yes
Moreno
Yes
Nordberg
Yes
Scott
Yes
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:48 PM -- House Bill 13-1258

Representative Salazar, prime sponsor, presented House Bill 13-1258, concerning local government involvement with federal immigration issues. Representative Salazar provided background on the duties required of law enforcement officers, under Article 29 of Title 29, Colorado Revised Statutes, and explained the effect of House Bill 13-1258. The following persons testified regarding the bill:

01:51 PM -- Mr. John Brick, representing the Colorado Alliance for Immigration Reform, testified in opposition to the bill. Mr. Brick discussed the intent of immigration-related legislation adopted during the 2006 first extraordinary legislative session, and provided background on that session. Mr. Brick explained that House Bill 13-1258 prevents cooperation between law enforcement and U.S. Immigration and Customs Enforcement (ICE). He explained how such cooperative efforts assist in combatting crime.

01:55 PM -- Mr. Joe Pelle and Mr. Grayson Robinson, representing the County Sheriffs of Colorado (CSOC), testified in support of the bill. Sheriff Pelle discussed the work load placed on county sheriffs by requirements to report to ICE when a sheriff arrests an individual and there is probable cause that the individual is in the U.S. illegally, and explained that subsequently passed federal law creating the Secure Communities program supersedes Article 29 of Title 29, Colorado Revised Statutes. Sheriff Grayson explained that more effective law enforcement occurs under the subsequent law, and spoke in opposition to enforcement of federal laws by local law enforcement. He discussed the need to police victimization by criminal activity rather than enforcing immigration law. Discussion ensued regarding the negative impacts of the law to be repealed by House Bill 13-1258, and potential concerns of the sheriffs if the bill were to pass. Sheriffs Pelle and Robinson responded to questions regarding costs associated with complying with Article 29 of Title 29, Colorado Revised Statutes.







02:06 PM

Discussion ensued regarding the extra work required of sheriffs under the requirements of Article 29 of Title 29, Colorado Revised Statutes. Sheriff Pelle responded to questions regarding how ICE uses immigration-related information transmitted to it by county sheriffs, and how this reporting process would be changed by the bill. Discussion followed regarding how local law enforcement officers are trained to abide by the requirements of Article 29 of Title 29, Colorado Revised Statutes, in the area of determining probable cause that a person is in the U.S. illegally. Discussion turned to the scope of participation in the federal Secure Communities program by Colorado jurisdictions. Sheriffs Robinson and Pelle responded to questions regarding the position of individual members of CSOC on House Bill 13-1258.


02:16 PM

Discussion ensued regarding increased numbers of individuals being subject to the provisions of the federal Secure Communities program, and the effectiveness of the program. Discussion followed regarding the use of local jails for enforcement of federal immigration laws. Sheriff Robinson responded to questions regarding the participation rate of local law enforcement agencies in the federal Secure Communities program. Sheriff Pelle explained how jurisdictions without jails handle those arrested for a crime who are believed to be in the country illegally. Discussion ensued on this point.

02:26 PM -- Ms. Meghan Storrie, representing the Colorado Municipal League, testified in support of House Bill 13-1258. Ms. Storrie discussed the benefits of allowing local governments flexibility in the area of enforcing immigration-related laws, and explained how Article 29 of Title 29 creates an unfunded mandate for local governments. Ms. Storrie discussed participation of local communities in the federal Secure Communities program.

02:29 PM -- Ms. Norma Morones, representing Campana Unir a Colorado, testified in support of the bill. Ms. Morones discussed a traffic incident that led to a federal immigration hold being placed on her, and the resulting difficulties she experienced. Ms. Morones also discussed an incident where a child reported abuse to her, but she and her husband feared alerting the police because of potential immigration-related difficulties. Ms. Morones discussed the importance of trusting the police.

02:34 PM -- Ms. Gabriela Flora, representing the American Friends Service Committee, testified in support of House Bill 13-1258. Ms. Flora discussed the work of the Campaign to Unite Colorado to highlight the damage caused by immigration-related laws in Colorado, including the diversion of law enforcement resources away from public safety. Ms. Flora related specific instances of those charged with misdemeanor offenses being subject to deportation proceedings. Ms. Flora reiterated the negative effects of current Colorado immigration law on public safety.

02:40 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Ms. Jensen explained that the chiefs value the ability to work with local communities to make them safer, and discussed the relative effectiveness of using fingerprint-based records for immigration-related law enforcement issues under the Secure Communities program. Ms. Jensen discussed the relative effectiveness of the program in comparison to Colorado law.










02:43 PM -- Mr. John Jackson, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Jackson discussed the reporting responsibilities of local law enforcement in Colorado for suspected immigration-related offenses, and explained how the federal Secure Communities program supersedes Colorado law in this area. Chief Jackson explained how costs may be realized under House Bill 13-1258, and discussed the improved relationships between local law enforcement and communities that would be the result of the bill's passage. Chief Jackson responded to questions regarding the position of his association on the bill. Chief Jackson explained that he supports the repeal of all elements of Article 29 of Title 29.

02:50 PM -- Mr. Luis Antonio Medrano, representing himself, testified in support of the bill. Mr. Medrano discussed his immigration to the United States, his academic career, and his efforts to join the Marine Corps. Mr. Medrano explained how a traffic infraction led to a federal immigration hold, and how the incident has affected him. Mr. Medrano discussed equal treatment before the law, and his family's efforts to improve their lives. Mr. Medrano responded to questions regarding the conduct of the law enforcement officer who arrested him for the traffic infraction, and how those actions were not in accordance with state law. Discussion ensued regarding how House Bill 13-1258 would dictate law enforcement action in a similar situation.

03:02 PM -- Ms. Joyce Rubin, representing the Anti-Defamation League, testified in support of House Bill 13-1258. Ms. Rubin discussed the perpetration of hate crimes on immigrant communities, and explained how certain immigration-related laws result in community fear and mistrust. Ms. Rubin discussed the restoration of community trust. Ms. Rubin responded to questions regarding her comments about hate crimes, and the impact of the federal Secure Communities program on community trust.

03:09 PM -- Mr. John Soto, representing the Colorado Immigrant Rights Coalition, testified in support of the bill. Mr. Soto discussed programs conducted by his organization to bring together law enforcement and communities, and explained that the passage of Senate Bill 06S-090 led to the cessation of these programs. Mr. Soto responded to questions regarding the increased detentions by ICE under the Secure Communities program, and the differing impacts of immigration enforcement under this program and Article 29 of Title 29, Colorado Revised Statutes, on communities. Mr. Soto responded to further questions regarding the scope of the Secure Communities program, and the opinion of certain jurisdictions on the mandatory nature of the program.

03:17 PM -- Mr. Justin Valas, representing the Colorado Immigrant Rights Coalition, testified in support of House Bill 13-1258. Mr. Valas discussed the differences between enforcement of Article 29 of Title 29, Colorado Revised Statutes, and the federal Secure Communities program, and explained the reason for increased detentions under the Secure Communities program. Mr. Valas discussed costs incurred by law enforcement in complying with state immigration law, and the fear in communities created by these laws. Discussion ensued regarding state participation in the Secure Communities program.


03:22 PM

No amendments were offered to House Bill 13-1258. Representative Salazar provided closing remarks in support of the bill, and addressed issues raised during testimony.












BILL:HB13-1258
TIME: 03:27:21 PM
MOVED:Salazar
MOTION:Refer House Bill 13-1258 to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:Melton
VOTE
Dore
Yes
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
Yes
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:42 PM

The committee adjourned.