Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:03/04/2013
ATTENDANCE
Time:01:31 PM to 05:41 PM
Dore
X
Foote
X
Place:LSB A
Humphrey
X
Labuda
X
This Meeting was called to order by
Melton
X
Representative Ryden
Moreno
X
Nordberg
X
This Report was prepared by
Scott
*
Bo Pogue
Williams
X
Salazar
*
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB13-1218
HB13-1217
HB13-1201
HB13-1195		Postponed Indefinitely
Witness Testimony and/or Committee Discussion Only
Postponed Indefinitely
Amended, Referred to Appropriations


01:32 PM -- House Bill 13-1218

The committee was called to order. A quorum was present. Representative Swalm, prime sponsor, presented House Bill 13-1218, concerning the transfer of certain existing employees from the Colorado Public Utilities Commission to the Office of Consumer Counsel (OCC). Representative Swalm provided background on the regulation of utilities in Colorado, and the creation of the OCC. Representative Swalm discussed the need for robust regulatory oversight of public utilities, and explained the effect of the bill. Representative Swalm responded to questions regarding the origins of the idea for the bill. The following persons testified regarding House Bill 13-1218:

01:40 PM -- Mr. Jan M. Zavislan, representing the Colorado Attorney General, testified in opposition to the bill. Mr. Zavislan discussed the complexity of proceedings before the Public Utilities Commission, and explained how the OCC helps utility consumers to navigate these proceedings. He explained how the OCC works, and discussed the negative effects of expanding the definition of "consumer" under the bill. Mr. Zavislan responded to questions regarding the level of expertise in the area of public utilities of the attorneys with the Office of the Attorney General. Discussion ensued regarding how rate increase proceedings are conducted before the Public Utilities Commission, and the effect of broadening the definition of "consumer" with respect to these proceedings. Mr. Zavislan responded to questions regarding to whom the Public Utilities Commission's attorneys report, and the number of government attorneys involved in Public Utilities Commission proceedings.












01:51 PM -- Mr. Doug Dean, Commissioner of the Public Utilities Commission, testified in opposition to House Bill 13-1218. Commissioner Dean explained how the bill would serve to undermine the representation of certain classes of utility customers, and discussed the effect of the transfer of trial staff to the OCC under the bill. Commissioner Dean clarified to whom the attorneys in the Public Utilities Commission report, and discussed the fiscal impact of the bill. Commissioner Dean responded to questions regarding the consumer designations eliminated by House Bill 13-1218, and what qualifies as a small business in terms of Public Utilities Commission proceedings. Commissioner Dean reiterated that the bill would be bad for consumers.

01:58 PM -- Mr. Bill Schroeder, representing the Intermountain Rural Electric Association, testified in support of the bill. Mr. Schroeder discussed the bill's protection of consumers. Mr. Schroeder responded to questions regarding his work with the OCC.

02:00 PM -- Mr. Bill Levis, representing the OCC, made himself available for questions. Mr. Levis responded to questions regarding what constitutes a small business for purposes of Public Utilities Commission proceedings.


02:03 PM

Representative Swalm explained the effect of prepared amendment L.002 (Attachment A). Discussion ensued regarding the fiscal impact of the amendment.

13HseState0304AttachA.pdf13HseState0304AttachA.pdf

02:05 PM

The committee recessed.


























02:11 PM

The committee returned to order.
BILL:HB13-1218
TIME: 02:04:51 PM
MOVED:Dore
MOTION:Adopt amendment L.002 (Attachment A). The motion passed on a vote of 7-3.
SECONDED:Scott
VOTE
Dore
Yes
Foote
Yes
Humphrey
Yes
Labuda
Yes
Melton
Yes
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
Excused
Salazar
No
Ryden
No
YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS






























02:13 PM

Representative Swalm provided closing remarks in support of House Bill 13-1218.
BILL:HB13-1218
TIME: 02:14:43 PM
MOVED:Scott
MOTION:Refer House Bill 13-1218, as amended, to the Committee on Finance. The motion failed on a vote of 4-6.
SECONDED:Nordberg
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
Excused
Salazar
No
Ryden
No
YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL




























02:16 PM
BILL:HB13-1218
TIME: 02:16:10 PM
MOVED:Melton
MOTION:Postpone House Bill 13-1218 indefinitely. The motion passed on a vote of 6-4.
SECONDED:Salazar
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Excused
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:17 PM -- House Bill 13-1217

The committee recessed.


02:20 PM

The committee returned to order. Representative Szabo, prime sponsor, presented House Bill 13-1217, concerning parole eligibility of persons convicted of vehicular homicide. Representative Szabo discussed a drunk driving accident that resulted in death, and cited drunk driving statistics. Representative Szabo discussed efforts on the part of the criminal justice system to address drunk driving, and cited additional drunk driving statistics. Representative Szabo explained the effect of House Bill 13-1217, and discussed the need to stiffen penalties associated with vehicular homicide. Committee members received a packet of photographs of the victim of a vehicular homicide (Attachment B). Representative Szabo responded to questions regarding parole eligibility under law.

13HseState0304AttachB.pdf13HseState0304AttachB.pdf










02:29 PM

The following persons testified regarding House Bill 13-1217:

02:29 PM -- Mr. Ben Figa, representing the District Attorney's Office for the 20th Judicial District, testified in opposition to the bill. Mr. Figa spoke against creating "carve outs" for individual crimes, and discussed the mental state associated with vehicular assault. Mr. Figa compared the sentencing for vehicular manslaughter under the bill with that of hit and run, and offered suggestions on how to strengthen vehicular homicide penalties.

02:33 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to House Bill 13-1217. Ms. Donner discussed parole eligibility and actual release, and compared parole eligibility for various crimes with parole eligibility for vehicular homicide under the bill. Ms. Donner discussed the sentencing criteria considered by the Colorado Commission on Criminal and Juvenile Justice. She suggested that the bill is a "one size fits all" solution. Discussion ensued regarding the amount of discretion afforded to the parole board under the bill. Ms. Donner responded to questions regarding actual release of an inmate as compared to the inmate's parole eligibility. Discussion ensued regarding a provision of the bill that requires a person to have received a previous serious driving conviction in order to be subject to the increased mandatory sentence required by the bill. Ms. Donner responded to questions regarding how the bill creates a "carve out" for a single type of crime.

02:47 PM -- Mr. Brian Mason, representing the District Attorney's Office for the 17th Judicial District, testified in support of the bill. Mr. Mason explained the process of trying a vehicular homicide case, and the sentencing available for this crime. Mr. Mason responded to questions regarding the average sentence for the crime of vehicular homicide, and the number of such cases his office prosecutes. Mr. Mason responded to further questions regarding how he explains sentencing for certain crimes to the families of victims. Mr. Mason responded to questions regarding the retroactivity of the law in terms of the prior conviction required to trigger an increased percentage of time served before becoming eligible for parole for vehicular homicide crimes. Discussion ensued regarding the factors considered by a parole board when considering the release of an inmate for good behavior. Mr. Mason responded to questions about the age threshold for the prior conviction element of the bill.


02:59 PM

Discussion ensued regarding the constitutionality of House Bill 13-1217. Representative Szabo read a letter from Denver District Attorney Mitch Morrissey in support of the bill (Attachment C).

13HseState0304AttachC.pdf13HseState0304AttachC.pdf















03:03 PM -- Mr. John Anderson, representing the Colorado State Patrol Family Foundation, testified in support of House Bill 13-1217. Committee members received a packet of photographs of the vehicle driven by a victim of vehicular homicide (Attachment D). Mr. Anderson discussed vehicular homicide as a crime of violence, and the element of mens rea associated with this crime.

13HseState0304AttachD.pdf13HseState0304AttachD.pdf

03:07 PM -- Ms. Jennifer Clouse, representing Mothers Against Drunk Driving (MADD), testified in support of House Bill 13-1217. Ms. Clouse discussed the work of MADD, and spoke in favor of holding drunk drivers accountable. Ms. Clouse cited statistics about deaths associated with drunk driving, and discussed the need to pass legislation combatting drunk driving. Ms. Clouse responded to questions regarding the percentage of vehicular homicide assailants who were previously convicted of driving offenses.

03:11 PM -- Mr. Joe Cannata, representing Voices of Victims, testified in support of the bill. Mr. Cannata discussed legislation passed in 2004 that increased the percentage of time required to be served on a sentence for certain crimes, and the effect of parole board hearings on families of victims.

03:14 PM -- Ms. Gail Parrish, representing herself, testified in support of the bill. Ms. Parrish discussed events associated with the death of her daughter due to a vehicular homicide, and the sentence associated with the crime.


03:24 PM

Ms. Parrish continued to discuss the sentence associated with the vehicular homicide crime that resulted in the death of her daughter, and discussed her reasons for advocating for the bill.

03:28 PM -- Mr. Dan Schoen, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Mr. Schoen discussed efforts to curb deaths due to vehicular homicide, and addressed issues raised earlier about the time horizon associated with the prior offense element of the bill. Mr. Schoen discussed the proper elements to be considered during criminal sentencing.

03:31 PM -- Ms. Fran Coleman, representing herself, testified in support of House Bill 13-1217. Ms. Coleman discussed the death of her dad due to a hit and run by a drunk driver, and the sentence levied on the perpetrator of the crime. Ms. Coleman expressed support for enhanced sentences for these crimes.


03:35 PM

The committee recessed.


03:43 PM

The committee returned to order. The chair laid over House Bill 13-1217.








03:45 PM -- House Bill 13-1201

Representative Buck, prime sponsor, presented House Bill 13-1201, concerning the relief that a court must order in specified election contests upon a showing that a certain quantum of illegal votes were cast. Representative Buck discussed the origins of the legislation, and explained the bill's effect. Representative Buck responded to questions regarding current practice for addressing illegal votes cast in the types of elections affected by the bill. Representative Buck responded to questions regarding the number of instances in which the a number of illegal votes have been detected that covered the margin of victory. Representative Buck responded to further questions regarding the frequency of illegal voting in Colorado, and the scope of the bill. The following persons testified regarding House Bill 13-1201:

03:50 PM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to the bill. Ms. Nunez noted that the concept of "illegal vote" is not defined by the bill, and explained that the bill does not determine how an illegal vote is cast. Ms. Nunez discussed the inability to conduct a recount under the guidelines of the bill. Ms. Nunez responded to questions regarding her opinion of what an "illegal vote" is supposed to constitute under House Bill 13-1201. Ms. Nunez responded to questions regarding her opinion of Colorado's election challenge procedures.

03:55 PM -- Mr. Scott Gessler, Secretary of State, testified in support of House Bill 13-1201. Secretary Gessler clarified the effect of the bill, and discussed the public's lack of confidence in elections. Secretary Gessler discussed the effect of elections with proven numbers of illegal votes in excess of the margin of victory on voter confidence in elections, and the standards for determining what constitutes an illegal vote under state law. Secretary Gessler addressed questions raised earlier about the scope of the bill in terms of the types of election contests affected, and reiterated the effect of the bill. Secretary Gessler responded to questions regarding the number of illegal votes cast during the last election, and the development of tools to detect the casting of illegal votes.


04:08 PM

Secretary Gessler responded to questions regarding which party has standing to contest an election under House Bill 13-1201, and what constitutes an illegal vote. Secretary Gessler discussed court cases involving the contesting of elections on the grounds of illegal votes cast in excess of the margin of victory. Secretary Gessler responded to questions regarding checks performed by the Department of State to determine voter ineligibility based on age or felon status, and what happens to a vote when it is determined to have been cast illegally. Secretary Gessler explained what triggers a new election under House Bill 13-1201.


04:19 PM

Discussion ensued regarding the types of elections covered by the bill, and the time frame during which felons are ineligible to vote. Secretary Gessler responded to questions regarding the discretion of a court under current law to order a new election when the number of illegal votes cast outnumbers the margin of victory. Secretary Gessler responded to further questions regarding the responsibilities of the court under the bill, and what constitutes "appropriate relief" under the bill. Discussion ensued regarding the number of instances where illegal votes cast at the county level have outnumbered the margin of error in an election. Discussion followed regarding the reliability of Census data for voter eligibility purposes. Discussion returned to the number of instances involving illegal votes outnumbering the margin of victory in an election.









04:29 PM -- Ms. Amber McReynolds, representing the Colorado County Clerks Association, testified regarding the bill. Ms. McReynolds noted certain technical issues about the bill with which the association is concerned, and discussed the difference between contesting an election and contesting voter eligibility. Ms. McReynolds addressed a question raised earlier about who has standing to contest an election. Ms. McReynolds discussed the process undertaken by county clerks to address voting discrepancies, and noted other events that trigger a new election. Ms. McReynolds discussed the removal of judicial discretion when voting irregularities are discovered. Ms. McReynolds responded to questions regarding how illegal votes are accounted for in an election when they are detected, and parties eligible to challenge an election under current law.


04:41 PM

No amendments were offered to House Bill 13-1201. Representative Buck provided closing remarks in support of the bill.
BILL:HB13-1201
TIME: 04:43:00 PM
MOVED:Scott
MOTION:Refer House Bill 13-1201 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Nordberg
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL















BILL:HB13-1201
TIME: 04:43:47 PM
MOVED:Melton
MOTION:Postpone House Bill 13-1201 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Williams
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:44 PM -- House Bill 13-1195

The committee recessed.


04:48 PM

The committee returned to order. Representatives Wright and Nordberg, prime sponsors, presented House Bill 13-1195, concerning human trafficking. Representative Wright provided background on the issue of human trafficking, and explained the effect of the bill. Representative Wright explained how the bill would levy charges against additional members of a network involved in human trafficking. Representative Nordberg discussed the organizations that assisted in drafting the legislation. Representative Wright responded to questions regarding the number of human trafficking cases that have been prosecuted in Colorado.


05:00 PM

Discussion ensued regarding prosecutions in Colorado for human trafficking under a conspiracy charge. Discussion followed regarding a pair of forthcoming amendments to the bill.












05:05 PM

The following persons testified regarding House Bill 13-1195:

05:05 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska discussed the heinous nature of human trafficking crimes. Discussion ensued regarding amendment L.005 (Attachment E).

13HseState0304AttachE.pdf13HseState0304AttachE.pdf

05:07 PM -- Ms. Stella Veazey, representing herself, testified in opposition to the bill. Ms. Veazey discussed the negative social costs of human trafficking and explained why she feels the bill is not the best way to combat human trafficking.

05:12 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of House Bill 13-1195, as amended by amendment L.005. Ms. Cain spoke in support of punishing human traffickers, and discussed the human trafficking cases prosecuted in Colorado. Ms. Cain discussed the lack of public knowledge about human trafficking, and urged the committee to put the issue before the Colorado Commission on Criminal and Juvenile Justice (CCJJ). Ms. Cain responded to questions regarding the study to be conducted under amendment L.005, and explained how CCJJ makes legislative recommendations. Ms. Cain responded to further questions regarding how CCJJ addresses federal law associated with particular issues.































05:22 PM

Representative Ryden explained the effect of amendment L.005.
BILL:HB13-1195
TIME: 05:22:20 PM
MOVED:Ryden
MOTION:Adopt amendment L.005 (Attachment E). The motion passed on a vote of 7-4.
SECONDED:Melton
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





























Discussion ensued regarding the effect of prepared amendment L.004 (Attachment F). Various members of the committee expressed their opinions about the amendment. The committee discussed parliamentary procedure pertaining to substitute motions. Discussion returned to the merits of amendment L.004.

13HseState0304AttachF.pdf13HseState0304AttachF.pdf
BILL:HB13-1195
TIME: 05:22:41 PM
MOVED:Nordberg
MOTION:Substitute motion to adopt amendment L.004 (Attachment F). The motion failed on a vote of 4-7.
SECONDED:Scott
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























05:37 PM

Members of the committee discussed their positions on House Bill 13-1195, as amended.
BILL:HB13-1195
TIME: 05:38:09 PM
MOVED:Salazar
MOTION:Refer House Bill 13-1195, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:Labuda
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


05:41 PM

The committee adjourned.