Senate Committee on State, Veterans, & Military Affairs (01/21/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	01/21/2015	ATTENDANCE

Time:	01:34 PM to 02:24 PM	Hill	*
		Jones	*
Place:	SCR 353	Ulibarri	X
		Sonnenberg	X
This Meeting was called to order by		Scott	X
	Senator Scott

This Report was prepared by
	Julia Jackson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-047 SB15-016 Consideration of Colorado Voter Access and Modernized Elections Commission		Referred to the Committee of the Whole - Consent Calendar Postponed Indefinitely Committee Vote - Final Action Failed

01:35 PM -- SB15-047

Senator Steadman, sponsor, presented Senate Bill 15-047 to the committee. He explained that the bill was proposed by the Committee on Legal Services. The bill would permit the Office of Legislative Legal Services (OLLS) to develop a system for members of the General Assembly to voluntarily opt out of rules notifications. Currently, OLLS provides written notice to members of the General Assembly when administrative rules adopted by state agencies are the result of legislation for which the member was a prime sponsor or cosponsor.

Senator Steadman explained the concerns raised by legislators regarding the volume of rulemaking notifications they receive, and he discussed the solutions considered by the Committee on Legal Services to address these concerns. He noted that the bill would allow cosponsors (but not prime sponsors) to opt out of the notifications.


BILL:	SB15-047
TIME:	01:40:36 PM
MOVED:	Sonnenberg
MOTION:	Refer Senate Bill 15-047 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0.
SECONDED:
		VOTE
	Hill	Excused
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	Yes
	Scott	Yes


Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:41 PM -- SB15-016

Senator Steadman, sponsor, presented Senate Bill 15-016 to the committee. The bill would amend state law concerning civil unions and marriage to do the following:

• allow persons in a valid current civil union to marry each other without having to first dissolve the civil union;
• specify that the "Uniform Dissolution of Marriage" act applies to civil unions that are merged into marriage by operation of law;
• specifies that time spent in a civil union prior to it being converted to marriage is included when determining the duration of such a marriage during dissolution proceedings;
• apply state bigamy laws to persons currently in a civil union who enter into marriage with someone other than the civil union partner or persons who enter into another civil union; and
• require the Department of Public Health and Environment to update the marriage application form to capture certain information about any prior civil unions entered into or merged into marriage.

Senator Steadman provided background information about civil unions and same sex marriage in Colorado. He discussed the potential for legal chaos under current law, noting that where the legislature has not made law, judges are left to make law.

Senator Steadman discussed Section 5 of the bill, which addresses marriages recognized in other states that are treated as civil unions in Colorado.

01:54 PM -- James Bailey, representing the Colorado Bar Association Family Law Section, testified in support of the bill. He described his experience practicing family law, and he stated that the bill would help prevent litigation. He discussed the problems raised by a divorce when a couple is married and also in a civil union. He suggested that the bill be amended to address issues regarding the start date of a marriage. Mr. Bailey added that in family law cases, legal certainty reduces costs.

Senator Jones clarified with Mr. Bailey the awarding of maintenance under current law. Committee discussion continued with Senator Steadman on this point.

02:03 PM -- Liz Mueller, representing herself, testified in support of the bill. She explained that if she were to marry and divorce a woman, that divorce would be held to different standards than if she were to marry and divorce a man.

02:06 PM -- Jessica Haverkate, representing Colorado Family Action, testified against the bill. She noted that the U.S. Supreme Court recently announced that it would review a same sex marriage decision this term, so the states' authority in this area is not yet settled. She added that the bill goes against Coloradans' will in adopting Amendment 2, which prohibited same sex marriage in Colorado.

Senator Ulibarri, Senator Steadman, and Ms. Haverkate discussed the status of Colorado's same sex marriage ban under current court rulings.

Senator Steadman responded to Ms. Haverkate's testimony. He noted that even if the Supreme Court allows same sex marriage bans, some same sex marriages would exist in Colorado.

02:11 PM -- Elizabeth Bryant, representing the Trusts & Estates Section of the Colorado Bar Association, testified in support of the bill. She noted that the Legislative Policy Committee of the Colorado Bar Association has supported the bill, meaning that the bill has the full association's endorsement.

Senator Ulibarri and Ms. Bryant discussed concerns with current law from the trusts and estates perspective.

02:15 PM

Senator Steadman explained that as a sponsor of the Civil Unions Act, he feels compelled to help fix some of the technical problems that have arisen.

Senator Ulibarri and Senator Jones commented on the bill.


BILL:	SB15-016
TIME:	02:18:30 PM
MOVED:	Ulibarri
MOTION:	Refer Senate Bill 15-016 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB15-016
TIME:	02:19:03 PM
MOVED:
MOTION:	Postpone Senate Bill 15-016 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the motion passed without objection.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:19 PM -- Consideration of Colorado Voter Access and Modernized Elections Commission

The committee discussed the draft sunset bill for the Colorado Voter Access and Modernized Elections (COVAME) Commission. The sunset review was heard on January 14, 2015.


BILL:	Consideration of Colorado Voter Access and Modernized Elections Commission
TIME:	02:22:38 PM
MOVED:	Ulibarri
MOTION:	Introduce the COVAME sunset draft bill. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

02:24 PM

The committee adjourned.