House Committee on State, Veterans, & Military Affairs (03/10/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	03/10/2014	ATTENDANCE

Time:	02:04 PM to 05:22 PM	Conti	X
		Dore	X
Place:	LSB A	Foote	X
		Humphrey	X
This Meeting was called to order by		Labuda	X
	Representative Ryden	Melton	X
		Moreno	X
This Report was prepared by		Nordberg	*
	Jessika Shipley	Williams	X
		Salazar	X
		Ryden	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB14-1258 SB14-063 HB14-1277 HB14-1140		Postponed Indefinitely Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely

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.

04:34 PM -- SB14-063

The committee returned to order. Representatives Williams and Saine, co-sponsors, presented Senate Bill 14-063. The reengrossed bill codifies and expands upon an existing executive order requiring each state agency to periodically review its rules. Specifically, the rule reviews are to address whether each rule:

is necessary;

overlaps or duplicates other rules of the agency or with other federal, state, or local rules;

is written in plain language and easy to understand;

has achieved the desired intent and whether more or less regulation is necessary;

can be amended to give more flexibility, reduce regulatory burdens, or reduce necessary paperwork while maintaining its benefits;

is implemented in an efficient and effective manner;

had a cost-benefit analysis conducted by the rule-making agency during the initial rule promulgation; and

is adequate for the protection of the safety, health, and welfare of the state or its residents.

The Department of Regulatory Agencies (DORA) is tasked with setting a schedule for agency rule reviews in consultation with each state agency. Rule review is not to be scheduled in the year of, or the year following, any sunset review for that agency. State agencies are required to report on the results of the rule reviews as part of the annual legislative oversight hearing conducted by committees of reference.

04:37 PM -- Tracey Stewart, representing the Colorado Impact Center for Economic Prosperity, testified in support of the bill. Ms. Stewart indicated that many government rules and regulations are duplicative and confusing, and stated her opinion that the bill will help agencies work together to serve the citizens of Colorado.


BILL:	SB14-063
TIME:	04:40:38 PM
MOVED:	Williams
MOTION:	Adopt amendment L.005 (Attachment F). The motion passed without objection. 14HseState0310AttachF.pdf
SECONDED:	Salazar
		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


BILL:	SB14-063
TIME:	04:42:35 PM
MOVED:	Moreno
MOTION:	Refer Senate Bill 14-063, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Melton
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:45 PM -- HB14-1277

Representative Melton, prime sponsor, presented House Bill 14-1277. Under current law, a member of the Colorado National Guard must be involuntarily mobilized for at least 30 days on active military duty for the member or his or her family to be eligible for a grant from the Military Family Relief Fund (MFRF). This bill expands grant eligibility to Colorado National Guard members and the families of members who are called to state active duty by executive order of the Governor. Representative Melton responded to questions from the committee.

04:48 PM -- Chaplain Andrew Meverden, representing the Department of Military and Veterans Affairs (DMVA), testified in support of the bill. Chaplain Meverden spoke about eligibility for grants from the MFRF. He explained how the money is generally expended. He listed benefits of the bill for families of Guard members on state active duty. He explained the types of activities that are included in state active duty status. He responded to questions from the committee about the amount of money donated to the MFRF.

04:56 PM -- Michael Hunt, representing the DMVA, testified in support of the bill. Mr. Hunt responded to questions from the committee about grants from the MFRF.


BILL:	HB14-1277
TIME:	04:59:25 PM
MOVED:	Moreno
MOTION:	Refer House Bill 14-1277 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Salazar
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:01 PM -- HB14-1140

Representative Conti returned to the table to discuss House Bill 14-1140. The bill requires state government entities to provide credit monitoring services for one year in the event that personal or financial identifying information is compromised in an accidental or deliberate security breach incident. State entities must also create procedures to notify and communicate with each impacted or potentially impacted individual of the security breach. The bill provides related definitions.

Under the bill, the Chief Information Officer for the Governor's Office of Information Technology (OIT) must promulgate rules to implement these new requirements. Each executive branch department of the state must adopt OIT's rules. A state entity that is not an executive branch department must either adopt the OIT rules or promulgate their own rules or procedures to comply with the requirements of the bill.

Testimony on HB 14-1140 was originally heard on February 19, 2014. Representative Conti offered amendment L.001 (Attachment G) and explained that she worked with OIT to draft the amendment. Members of the committee questioned Representative Conti about the amendment and the bill.

14HseState0310AttachG.pdf


BILL:	HB14-1140
TIME:	05:18:34 PM
MOVED:	Conti
MOTION:	Adopt amendment L.001 (Attachment G). The motion passed on a vote of 6-5.
SECONDED:	Nordberg
		VOTE
	Conti	Yes
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	No
	Melton	Yes
	Moreno	No
	Nordberg	Yes
	Williams	No
	Salazar	No
	Ryden	No

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

05:19 PM

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


BILL:	HB14-1140
TIME:	05:21:20 PM
MOVED:	Conti
MOTION:	Refer House Bill 14-1140, as amended, to the Committee on Appropriations. The motion died for lack of a second.
SECONDED:
		VOTE
	Conti
	Dore
	Foote
	Humphrey
	Labuda
	Melton
	Moreno
	Nordberg
	Williams
	Salazar
	Ryden

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	HB14-1140
TIME:	05:21:37 PM
MOVED:	Salazar
MOTION:	Postpone House Bill 14-1140 indefinitely. The motion passed on a vote of 10-1.
SECONDED:	Moreno
		VOTE
	Conti	No
	Dore	Yes
	Foote	Yes
	Humphrey	Yes
	Labuda	Yes
	Melton	Yes
	Moreno	Yes
	Nordberg	Yes
	Williams	Yes
	Salazar	Yes
	Ryden	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:22 PM

The committee adjourned.