Bill Summary for Bill Number HB14-1258

Date: 03/10/2014

Final
BILL SUMMARY for HB14-1258

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Adopt amendment L.005 (Attachment A). The motion p Postpone House Bill 14-1258 indefinitely. The moti Refer House Bill 14-1258, as amended, to the Commi	Pass Without Objection PASS FAIL

02:05 PM -- HB14-1258

Representative Stephens, prime sponsor, presented House Bill 14-1258. The bill provides additional protections to elected officials, public officials, government employees and others at the state and local levels (respondents) in the event that a complaint is filed against such persons with the Independent Ethics Commission (IEC). Specifically, the bill:

requires the state to offer to pay for the costs of a respondent's legal defense to any complaint filed with the IEC;

waives the principle of sovereign immunity to make IEC commissioners personally liable for reckless, intentional, or willful acts or omissions that violate the legal rights of a respondent against whom a complaint is filed;

requires specific notifications when additional ethics violations are identified in by the IEC beyond those listed in the original complaint; and

allows a respondent to seek injunctive relief in federal court while a complaint is pending if their legal rights are violated.

Representative Stephens discussed amendments L.005 and L.006 (Attachments A and B). Amendment L.005 strikes everything below the enacting clause. The committee agreed to discuss amendment L.005 as the bill. Representative Stephens responded to questions from the committee.

14HseState0310AttachA.pdf

14HseState0310AttachB.pdf

02:24 PM

The committee continued to discuss the bill with Representative Stephens.

02:26 PM -- Jessica Peck, representing the Open Government Institute, testified in support of the bill. Ms. Peck discussed the unique nature of the the IEC and the relative power of the commissioners. She spoke about the problems the bill seeks to solve. She commented that the access-to-counsel and notice provisions of the bill are crucial. She responded to questions from the committee.

02:37 PM

The committee continued to ask Ms. Peck about the bill.

02:38 PM -- James Fry, representing himself, testified in opposition to the bill. Mr. Fry discussed his experience filing a complaint with the IEC. He indicated that the resources available to him as a complainant were inadequate to someone who is not an attorney. He stated his opinion that current law and procedure do not disadvantage the respondent in any way.

02:42 PM -- Elliott Fladen, representing himself, testified in support of the bill. Mr. Fladen distributed three documents pertaining to the ethics complaint filed against Secretary of State Scott Gessler (Attachments C, D, and E), and discussed the documents in detail. He responded to questions from the committee.

14HseState0310AttachC.pdf

14HseState0310AttachD.pdf

14HseState0310AttachE.pdf

02:52 PM -- Christopher Fry, representing himself, testified in opposition to the bill. Mr. Fry reiterated the testimony of his father, James Fry, regarding the inadequacy of resources for IEC complainants.

02:57 PM -- Justine Sanders, representing herself, testified in support of the bill. Ms. Sanders expressed her opinion that the IEC ethics complaint process is flawed and does not provide due process to respondents.

03:02 PM -- Luis Toro, representing Colorado Ethics Watch, testified in opposition to the bill. Mr. Toro spoke about the IEC ethics case against Secretary Gessler. He expressed his opinion that the IEC needs additional funding to conduct ethics investigations, and that the bill is biased toward respondents. He responded to questions from the committee.

03:20 PM -- Lizzy Stefanie, representing herself, testified in support of the bill. Ms. Stefanie explained her problems with the IEC complaint hearing process. She stated that she was not allowed to speak in such a hearing.

03:23 PM -- Mario Nicolais, representing himself, testified in support of the bill. Mr. Nicolais discussed the access-to-counsel provision of the bill. He talked about the flaws in the current IEC complaint process. He responded to questions from the committee.

03:34 PM -- Elena Nunez, representing Colorado Common Cause, testified in opposition to the bill. Ms. Nunez discussed the current IEC rules of procedure, which may be amended at any time by the commission. She talked about legal representation for respondents appearing before the IEC. She responded to questions from the committee.

03:43 PM -- Suzanne Staiert, Deputy Secretary of State, testified in support of the bill. Ms. Staiert spoke about the IEC ethics complaint that was filed against Secretary Gessler. She expressed her opinion that the process is flawed and unethical. She talked about Secretary Gessler's access to legal counsel. She responded to questions from the committee.

03:53 PM -- Mike Krause, representing the Independence Institute, testified about the bill.

03:55 PM -- Bryan Treu, representing the Eagle County Board of County Commissioners, testified in support of the bill. Mr. Treu expressed his opinion that the IEC ethics complaint process needs to be changed, and spoke about a request for a performance audit of the IEC. He talked about his experience representing a county commissioner in an ethics complaint.

04:04 PM -- Miller Hudson, representing himself, testified about the bill. Mr. Hudson expressed negative opinions about the IEC.


BILL:	HB14-1258
TIME:	04:11:59 PM
MOVED:	Labuda
MOTION:	Adopt amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Nordberg
		VOTE
	Conti
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:14 PM

Representative Stephens wrapped up her presentation of the bill and asked for a favorable recommendation.

04:19 PM

The committee took a brief recess.

04:23 PM

The committee returned to order. Members of the committee commented about their positions on the bill.


BILL:	HB14-1258
TIME:	04:27:45 PM
MOVED:	Nordberg
MOTION:	Refer House Bill 14-1258, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:	Conti
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	No
	Humphrey	Yes
	Labuda	No
	Melton	No
	Moreno	No
	Nordberg	Yes
	Williams	No
	Salazar	No
	Ryden	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB14-1258
TIME:	04:30:39 PM
MOVED:	Salazar
MOTION:	Postpone House Bill 14-1258 indefinitely. The motion passed on a vote of 6-5.
SECONDED:	Melton
		VOTE
	Conti	No
	Dore	No
	Foote	Yes
	Humphrey	No
	Labuda	Yes
	Melton	Yes
	Moreno	No
	Nordberg	No
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:31 PM

The committee took a brief recess.