Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:03/09/2015
ATTENDANCE
Time:01:32 PM to 09:08 PM
Foote
X
Humphrey
X
Place:LSB A
Lontine
X
Neville P.
X
This Meeting was called to order by
Primavera
X
Representative Ryden
Tate
X
Thurlow
X
This Report was prepared by
Tyler
X
Jessika Shipley
Willett
X
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1171
HB15-1161
HB15-1193		Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely


01:32 PM -- HB15-1171

Representatives Neville and Humphrey, co-sponsors, presented House Bill 15-1171. This bill prohibits state and local governments in Colorado from directly or indirectly constraining the exercise of religion, except in cases involving a compelling governmental interest. State and local governments, including individual public officials in their official capacity, must use the least restrictive means of furthering any such compelling governmental interest.

Persons whose exercise of religion is burdened, or likely to be burdened, may assert a new claim or a defense in court as a result of the bill. The bill authorizes various remedies, including damages or an injunction, as well as costs and attorney fees.

01:38 PM -- Chuck Ward, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. Mr. Ward expressed his opinion that the bill will negatively impact the ability of Colorado business to attract and hire young employees. He responded to questions from the committee.

01:43 PM -- Preston Branaugh, representing himself, testified in support of the bill. Mr. Branaugh distributed and read a prepared statement (Attachment A). He responded to questions from the committee.

15HouseState0309AttachA.pdf15HouseState0309AttachA.pdf







01:52 PM -- Stephanie Donner, representing the Governor's Office, testified in opposition to the bill. Ms. Donner spoke about the Equal Protection Clause of the U.S. Constitution and expressed her opinion that the bill would violate that clause. She discussed her legal interpretation of the bill. She commented about the potential effect of the bill on the business community. She responded to questions from the committee.

02:02 PM -- Nicole Martin, representing herself, testified in support of the bill. Ms. Martin discussed cases against two cake artists brought by the Colorado Civil Rights Commission (CCRC) as a result of complaints by customers. She described the written opinions in those cases. She stated that she fears for the rights and liberties of Coloradans without the passage of the bill. She responded to questions from the committee.


02:19 PM

Committee questioning of Ms. Martin continued at length.

02:22 PM -- Erika Righter, representing Hope Tank, testified in opposition to the bill. Ms. Righter spoke about her business and how it is her practice to treat all people equally.

02:26 PM -- Jamie Sarche, representing Feldman Mortuary, testified in opposition to the bill. Ms. Sarche indicated that Feldman provides funeral services for individuals of any religion, despite being a Jewish company. She responded to questions from the committee.

02:29 PM -- Aaron Robertson, representing the Patriot League, testified in support of the bill. Mr. Robertson spoke about the defense of religious liberty. He clarified the meaning of the term "rights." He responded to questions from the committee.

02:37 PM -- Anni Jean-Pierre, representing the 20th Judicial District Attorney, testified in opposition to the bill. Ms. Jean-Pierre read a written statement from Stan Garnett. A copy of the statement was not available for the official record.

02:39 PM -- Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska discussed the federal Religious Freedom Restoration Act (RFRA).

02:41 PM -- Brent Kinman, representing himself, testified in support of the bill. Mr. Kinman talked about the constitutional right to free exercise of religion. He responded to questions from the committee.

02:50 PM -- Michael Carrigan, representing himself, testified in opposition to the bill. Mr. Carrigan spoke about his religious faith and about his background as a criminal prosecutor. He described his concerns with the vagueness of the language in the bill.

02:54 PM -- Michael Norton, representing Colorado Family Action and Colorado Christian University, testified in support of the bill. Mr. Norton provided and read a written statement (Attachment B). He responded to questions from the committee about case law concerning the free expression of religion.

15HouseState0309AttachB.pdf15HouseState0309AttachB.pdf







03:05 PM -- Rabbi Steven Foster, representing himself, testified in opposition to the bill. Rabbi Foster spoke about his experience as a member of the CCRC. He discussed the tyranny of the majority and the protection of the rights of the minority. He talked about institutionalized discrimination and segregation.

03:09 PM -- Iman Jodeh, representing herself, testified in opposition to the bill. Ms. Jodeh discussed the concept of justice from a Muslim perspective. She expressed her opinion that the bill will lead to inequality, discrimination, and injustice.

03:12 PM -- Reverend Brian Rossbert, representing himself, testified in opposition to the bill. Rev. Rossbert discussed his Christian values and how they require him to treat everyone as he would like to be treated. He spoke about Colorado public accommodation and non-discrimination laws. He characterized the bill as dangerous. Rabbi Foster, Ms. Jodeh, and Rev. Rossbert responded to questions from the committee.

03:22 PM -- Barry Roseman, representing Plaintiff Employment Lawyers' Association, testified in opposition to the bill. Mr. Roseman pointed out differences between RFRA and the bill that he believes make the bill overly broad. He stated his opinion that the bill is an attempt to undermine the Colorado Non-discrimination Act.

03:28 PM -- Sarah Parady, representing the Colorado Women's Bar Association, testified in opposition to the bill. Ms. Parady discussed the compelling governmental interest standard in the bill. She responded to questions from the committee.


03:38 PM

Ms. Parady and Mr. Roseman continued to respond to questions from the committee.

03:41 PM -- Imam Abdur-Rahim Ali, representing himself, testified in support of the bill. Imam Ali spoke about his concern with the spread of AIDS. He discussed the importance of lifestyle. He responded to questions from the committee.

03:47 PM -- Ashley Wheeland, representing the Colorado Women's Lobby, testified in opposition to the bill. Ms. Wheeland spoke about her concerns with the bill's effect on the free provision of birth control. She responded to questions from the committee.

03:51 PM -- Dave Montez, representing One Colorado, testified in opposition to the bill. Mr. Montez reiterated the testimony of prior witnesses with regard to discrimination.

03:53 PM -- Amanda Henderson, representing the Interfaith Alliance of Colorado, testified in opposition to the bill. Ms. Henderson spoke about the mission of the Interfaith Alliance and religious freedom. She expressed her opinion that the bill represents a tactic for marginalizing people. She stated that the bill is overly broad.

03:57 PM -- Melinda Quiat, representing the Anti-Defamation League, testified in opposition to the bill. Ms. Quiat stated that the bill is not necessary for the protection of religious freedom. She described the ways in which the bill is too broad.

04:00 PM -- Nathan Woodliff-Stanley, representing the American Civil Liberties Union of Colorado, testified in opposition to the bill. Mr. Woodliff-Stanley discussed the protection of religious liberties. He responded to questions from the committee.





04:09 PM -- John Putnam, representing himself, testified in opposition to the bill. Mr. Putnam reiterated the testimony of prior witnesses with regard to the broadness of the bill. He stated that Jesus Christ never discriminated against anyone.

04:13 PM -- Michelle Jozaitis, representing herself, testified in opposition to the bill. Ms. Jozaitis reiterated the testimony of prior witnesses with regard to the broadness of the bill. She discussed hate speech and discrimination. She stated her opinion that tolerance of intolerance is unacceptable.

04:16 PM -- Christine Watson, representing the League of Women Voters of Colorado, testified in opposition to the bill. Ms. Watson discussed injustice and inequality. She reiterated the testimony of prior witnesses with regard to the broadness of the bill. She responded to questions from the committee.

04:19 PM -- Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in opposition to the bill. Ms. Waligorski expressed concern that the bill could create a criminal defense for domestic violence.


04:21 PM

Representative Ryden read a letter from the American Postal Workers' Union in opposition to the bill. A copy of the letter was not available for the official record.


04:22 PM

Representatives Neville and Humphrey wrapped up their presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1171
TIME: 04:26:23 PM
MOVED:Neville P.
MOTION:Refer House Bill 15-1171 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1171
TIME: 04:27:13 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1171 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:28 PM -- HB15-1161

The committee took a brief recess.


04:41 PM

The committee returned to order. Representative Klingenschmitt, prime sponsor, presented House Bill 15-1161. This bill limits the remedies available to the Colorado Civil Rights Commission (CCRC) and state courts when there is a determination of discrimination in a place of public accommodation. Specifically, the bill prohibits any remedy that involuntarily requires speech, an artistic act, or a religious act that involves, whether directly or indirectly, participation in or promotion of an ideology, ceremony, creed, behavior, or other practice with which the violator disagrees.


04:53 PM

Representative Klingenschmitt's presentation of the bill continued.













05:05 PM

Members of the committee questioned Representative Klingenschmitt about his motives for sponsoring the bill.

05:13 PM -- Nicolle Martin, representing herself, testified in support of the bill. Ms. Martin discussed one of her clients, who is a cake artist. She responded to questions from the committee.

05:19 PM -- Dave Montez, representing One Colorado, testified in opposition to the bill. Mr. Montez expressed his opinion that the bill seeks to change decades of settled case law regarding discrimination. He talked about public accommodation and equality.

05:23 PM -- Carolyn Martin, representing herself, testified in support of the bill. Ms. Martin read a statement from Bill Jack (Attachment C). She responded to questions from the committee about Mr. Jack.

15HouseState0309AttachC.pdf15HouseState0309AttachC.pdf

05:30 PM -- Chuck Ward, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill. Mr. Ward expressed concern about the bill's potential negative impact on the ability of Denver businesses to attract young employees.

05:33 PM -- Michael Stapleton, representing the Libertarian Party of Colorado, testified in support of the bill. Mr. Stapleton expressed his opinion that individuals have the right to set a standard for selling creativity.

05:36 PM -- Danny de Zayas, representing himself, testified in opposition to the bill. Mr. de Zayas discussed his photography business. He expressed his opinion that the bill is unnecessary and might hurt his business. He responded to questions from the committee.

05:41 PM -- Mark Braunlich, representing himself, testified in support of the bill. Mr. Braunlich discussed the inherent conflict among non-discrimination laws, public accommodation laws, and the First Amendment. He responded to questions from the committee.

05:48 PM -- Ruth Rinehart, representing herself, testified in opposition to the bill. Ms. Rinehart spoke against the bill from the perspectives of a business owner and a person of faith. She discussed the limits of the exercise of religious freedom. She stated that no artist is compelled to sell his or her art in the public square.

05:52 PM -- Stan Lightfoot, representing himself, testified in support of the bill. Mr. Lightfoot discussed an ongoing CCRC case involving a cake artist. He responded to questions from the committee.

05:59 PM -- Sarah Parady, representing the Colorado Women's Bar Association, testified in opposition to the bill. Ms. Parady discussed case law involving free speech and public accommodation laws. She responded to questions from the committee.

06:10 PM -- Barry Roseman, representing the Plaintiff Employment Lawyers' Association, testified in opposition to the bill. Mr. Roseman discussed government-compelled speech and the effect of the bill. He responded to questions from the committee.







06:22 PM -- Amanda Henderson, representing the Interfaith Alliance of Colorado, testified in opposition to the bill. Ms. Henderson spoke about religious freedom and diversity. She expressed her opinion that the bill could be used to discriminate against religious minorities.

06:25 PM -- Nathan Woodliff-Stanley, representing the American Civil Liberties Union of Colorado, testified in opposition to the bill. Mr. Woodliff-Stanley reiterated the testimony of prior witnesses and responded to questions from the committee.

06:33 PM -- Stuart Pack, representing the Anti-Defamation League, testified in opposition to the bill. Mr. Pack expressed his opinion that the bill is unnecessary and would allow institutionalized discrimination under the guise of freedom of religion.

06:37 PM -- Elizabeth Mueller, representing herself, testified in opposition to the bill. Ms. Mueller discussed her personal and professional background. She talked about legislation in Uganda that penalizes homosexuality with life imprisonment.

06:41 PM -- D'Arcy Straub, representing himself, testified in opposition to the bill. Mr. Straub expressed his opinion that marriage should not be a legal concept. He discussed biology, evolution, and public policy. He expressed his opinion that all people should be treated with respect.

06:45 PM -- Christine Watson, representing the League of Women Voters of Colorado, testified in opposition to the bill. Ms. Watson reiterated the testimony of prior witnesses.

06:47 PM -- Sheri Proctor, representing the Rocky Mountain Peace and Justice Center, testified in opposition to the bill. Ms. Proctor spoke against the bill from the perspective of a transgendered individual.






























06:51 PM

Representative Klingenschmitt wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1161
TIME: 07:00:37 PM
MOVED:Humphrey
MOTION:Refer House Bill 15-1161 to the Committee of the Whole. The motion failed on a vote of 2-9.
SECONDED:Neville P.
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
No
Thurlow
No
Tyler
No
Willett
No
Salazar
No
Ryden
No
YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























BILL:HB15-1161
TIME: 07:00:54 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1161 indefinitely. The motion passed on a vote of 9-2.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


07:01 PM -- HB15-1193

Representative Windholz, prime sponsor, presented House Bill 15-1193. Under current law, election watchers monitor various aspects of the election process from prior to the polls opening through the count and announcement of the election results. Election watchers must be eligible electors and may be appointed by political parties, candidates, and ballot measure proponents and opponents.

The bill expands the time frame monitored by election watchers to include all election activities, from voter registration and the mailing of ballots to the canvassing, certification, and recount of the results. The bill also removes the requirement that election watchers have the same party affiliation as the party or candidate appointing them or unaffiliated status. The bill makes various other changes concerning election watchers as described below.

Concerning access to election records, the bill permits election watchers to:

In addition to the expanded authority for election watchers described above, the bill prohibits election watchers from maliciously delaying election activities. It also specifies that an election watcher's access to a record can be withheld if the record is needed for use by the election official. The bill requires the Secretary of State's Office to resolve any controversies or unresolved disputes between election watchers and election officials.

07:07 PM -- Amber McReynolds, representing the Colorado County Clerks' Association and the City and County of Denver, testified in opposition to the bill. Ms. McReynolds discussed a working group that is being convened by the Secretary of State to look at election watcher issues in Colorado. She indicated that the bill is unnecessary and expressed concern about the expansion of permitted election watcher activities. She described the process for becoming an election judge and an election watcher. She discussed the importance of voter confidentiality. She responded to questions from the committee. She discussed the increased costs to local governments that would occur as a result of the bill.

07:26 PM -- Anita Stapleton, representing herself, testified in support of the bill. Ms. Stapleton spoke about the importance of election integrity and transparency. She related anecdotes about her experience as an election watcher. She expressed concerns about security lapses related to elections in Pueblo County. She responded to questions from the committee.

07:34 PM -- John Buckley, representing himself, testified in opposition to the bill. Mr. Buckley described his experience as an election watcher and a member of the canvass board in Arapahoe County. He expressed his opinion that county clerks and election judges do a good job following election law. He stated that the bill will interrupt the election process.

07:38 PM -- Cathy Jarrett, representing herself, testified in support of the bill. Ms. Jarrett related anecdotes of her experience as an election watcher and judge. She described her concerns with the limitations placed on election watchers by county clerks.

07:42 PM -- Karen Goldman, representing the Colorado Municipal Clerks' Association, the Colorado Municipal League, and the City of Aurora, testified in opposition to the bill. Ms. Goldman stated her support for the Secretary of State's working group. She expressed concern that watchers could impede elections under the bill due to a lack of training. She responded to questions from the committee.

07:55 PM -- Margit Johansson, representing Coloradans for Voting Integrity, testified in support of the bill. Ms. Johansson spoke about the importance of transparency in the elections process. She related anecdotes about her experience as an election watcher. She responded to questions from the committee.

08:01 PM -- Chuck Broerman, El Paso County Clerk and Recorder, testified in opposition to the bill. Mr. Broerman spoke about his office's reputation for open and honest elections. He discussed the limitations on election watchers and complaints he has heard about those limitations. He pointed out specific language in the bill that causes him concern. He supported the idea of a working group formed by the Secretary of State. He responded to questions from the committee.






08:09 PM -- Mary Eberle, representing herself, testified in support of the bill. Ms. Eberle reiterated testimony of prior witnesses with regard to the importance of open and transparent elections. She related anecdotes about her experience as an election watcher. She responded to questions from the committee.

08:20 PM -- Elena Nunez, representing Colorado Common Cause, testified in opposition to the bill. Ms. Nunez reiterated testimony of prior witnesses with regard to the importance of open and transparent elections. She expressed support for the previously discussed working group. She talked about language in the bill that she believes to be ambiguous. She responded to questions from the committee.

08:28 PM -- Suzanne Staiert, representing the Secretary of State's Office, testified about the bill. Ms. Staiert discussed the previously mentioned working group. She responded to questions from the committee.

08:34 PM -- Marilyn Marks, representing herself, testified in support of the bill. Ms. Marks reiterated testimony of prior witnesses with regard to the importance of open and transparent elections. She responded to questions from the committee.

08:40 PM -- Harvie Branscomb, representing himself, testified in support of the bill. Mr. Branscomb reiterated testimony of prior witnesses with regard to the importance of open and transparent elections. He described his experience as an election watcher. He responded to questions from the committee.

08:47 PM -- Martha Tierney, representing herself, testified in opposition to the bill. Ms. Tierney reiterated the testimony of prior witnesses about the lack of official qualifications for election watchers.


08:55 PM

Representative Windholz distributed three letters of support (Attachments D, E, and F) and amendments L.001, L.002, and L.003 (Attachments G, H, and I).

15HouseState0309AttachD.pdf15HouseState0309AttachD.pdf 15HouseState0309AttachE.pdf15HouseState0309AttachE.pdf 15HouseState0309AttachF.pdf15HouseState0309AttachF.pdf

15HouseState0309AttachG.pdf15HouseState0309AttachG.pdf 15HouseState0309AttachH.pdf15HouseState0309AttachH.pdf 15HouseState0309AttachI.pdf15HouseState0309AttachI.pdf

BILL:HB15-1193
TIME: 08:56:27 PM
MOVED:Humphrey
MOTION:Adopt amendment L.001 (Attachment G). The motion passed on a vote of 8-3.
SECONDED:Neville P.
VOTE
Foote
Yes
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB15-1193
TIME: 09:00:15 PM
MOVED:Neville P.
MOTION:Adopt amendment L.002 (Attachment H). The motion failed on a vote of 4-7.
SECONDED:Tate
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL






BILL:HB15-1193
TIME: 09:01:25 PM
MOVED:Neville P.
MOTION:Adopt amendment L.003 (Attachment I). The motion failed on a vote of 5-6.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

































09:02 PM

Representative Windholz wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1193
TIME: 09:07:56 PM
MOVED:Humphrey
MOTION:Refer House Bill 15-1193, as amended, to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Neville P.
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
No
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























BILL:HB15-1193
TIME: 09:08:01 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1193 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
Yes
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


09:08 PM

The committee adjourned.