House Committee on State, Veterans, & Military Affairs (02/22/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/22/2005	ATTENDANCE

Time:	02:05 PM to 08:53 PM	Cadman	X
		Carroll T.	X
Place:	SupCt	Coleman	X
		Crane	X
This Meeting was called to order by		Gallegos	X
	Representative Weissmann	Liston	X
		Lundberg	X
This Report was prepared by		Schultheis	X
	Brad Denning	Todd	X
		Ragsdale	X
		Weissmann	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1242 HB05-1271 HB05-1231 HB05-1263 HB05-1286		Postponed Indefinitely Postponed Indefinitely Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Committee on Appropriations

02:05 PM -- House Bill 05-1242

Representative Schultheis, prime sponsor, explained House Bill 05-1242 regarding ballot issue elections concerning the Taxpayers Bill of Rights, Section 20 of Article X, of the state constitution. He said that he would prefer to go to witness testimony immediately. There were no committee questions.

The following people testified:

02:06 PM -- Douglas Bruce, representing himself, spoke in support of the bill. He reviewed and commented on various provisions of the bill. He responded to committee questions. Mr. Bruce expounded upon the filing dates for referred ballot issues.

02:40 PM -- Geoff Wilson, representing the Colorado Municipal League (CML), spoke in opposition to the bill. He noted that the CML Board voted against supporting the bill and reviewed the board's objections. He responded to committee questions.

02:51 PM -- Scott Doyle, representing the County Clerks Association, spoke in opposition to the bill. He said the association feels that this bill places the clerks in a difficult position.

02:54 PM -- Evan Goulding, representing the Special District Association of Colorado, spoke in opposition to the bill. He noted that this bill will negatively impact the special districts. He responded to committee questions.

03:04 PM

Representative Schultheis concluded his remarks.


BILL:	HB05-1242
TIME:	03:06:04 PM
MOVED:	Schultheis
MOTION:	Moved Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Crane
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1242
TIME:	03:07:26 PM
MOVED:	Schultheis
MOTION:	Moved HB 05-1242, as amended, to the Committee of the Whole. The motion failed on a 5-6 vote.
SECONDED:	Crane
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1242
TIME:	03:08:52 PM
MOVED:	Carroll T.
MOTION:	Moved to postpone indefinitely House Bill 05-1242. The motion passed on a 6-5 vote.
SECONDED:	Coleman
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	Yes
	Crane	No
	Gallegos	Yes
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:10 PM -- House Bill 05-1271

Representative Schultheis, prime sponsor, introduced House Bill 05-1271, requiring a state or county agency to provide nonemergency services or public benefits only to citizens of the U.S. and persons legally present in the United States. The bill would also require state and county agencies to require a person seeking services or public benefits from the state or county to provide documentation issued by the U.S. government, Colorado, or other valid documentation demonstrating that the person is legally present in the United States. He asked that the committee members keep an open mind to this subject until they have heard testimony. He responded to committee questions

03:32 PM

Representative Schultheis responded to committee questions regarding employers creating the demand for undocumented workers. He provided Attachment B, Table 1: Number of Known Illegal Alien Inmates and the Number of Inmates Whose Immigration Status Could Not be Verified in Colorado Facilities in Fiscal Year 2003-04. He also discussed the fiscal note related to the bill.

The following people testified:

03:50 PM -- Paul Hudson, representing Denver Health, chief business officer, spoke in opposition to the bill. He responded to committee questions.

03:57 PM -- Scott Doyle, County Clerks Association, spoke against the bill.

04:01 PM -- Cathryn Hazouri, American Civil Liberties Union (ACLU) of Colorado, Executive Director, testified in opposition to the bill.

04:05 PM -- Jim Weaver, representing himself, spoke against the bill.

04:06 PM

Representative Schultheis provided Amendments L.001 (Attachment C) and L.002 (Attachment D).

04:07 PM -- Jennifer Piper, Coloradans for Immigrants Rights, spoke in opposition to the bill.

04:12 PM -- Charles King, representing himself, spoke in support of the bill.

04:14 PM -- Gabriela Flora, representing the American Friends Service Committee, spoke in opposition to the bill. She replied to committee questions and promised to provide Representative Crane with statistics. Representative Coleman asked the witness for specific statistics.

04:25 PM -- Twanna La Trice Hill, representing the Colorado Coalition Against Domestic Violence, testified in opposition to the bill.

04:26 PM -- Chris Rose, representing the Colorado Catholic Conference, Associate Director of Public Policy, testified in opposition to the bill. He responded to committee questions.

04:31 PM -- William Heron, Defend Colorado Now (DCN), Chairman of DCN, testified in support of the bill. He responded to committee questions.

04:44 PM -- Mark Edwards, DCN, testified in support of the bill.

04:49 PM -- Fred Elbel, representing CAIR, testified in support of the bill.

04:55 PM -- Wanda Weatherford, DCN, spoke in support of the bill.

04:58 PM -- John Corsentino. representing himself, testified in support of the bill. He discussed his views on the negative impact of illegal immigration on Mexico.

05:02 PM -- Tony Gomez, representing himself, spoke in support of this bill. He discussed his views on how senior citizens may be impacted when services are provided for illegal immigrants.

05:06 PM

Mr. Gomez responded to questions from committee members.

05:08 PM -- Frosty Wooldridge, representing himself, spoke in support of the bill. He discussed a crisis that he sees as a human dilemma, and presented California and Arizona as examples of other states that have faced immigration issues.
He continued his testimony by discussing public health issues as he sees them.

05:16 PM -- Frank Middleton, CAIR, spoke in support of the bill.

05:18 PM -- Steve Schweitzberger, representing himself, spoke in support of the bill. He believes that people who are illegal in Colorado should not receive certain services.

05:22 PM -- John Brick, representing himself, spoke in support of the bill. He recounted that the influx of immigrants to Colorado are adding to Colorado's rank as first in the nation for growth.

05:26 PM -- Mike Martin, representing himself, spoke in favor of the bill. Mr. Martin indicated that the government is creating the problem, not the employers. He was a former contractor in Colorado and believes that he couldn't succeed unless he hired illegal immigrants. He indicated that he is in favor of immigration, but legal immigration.

05:33 PM -- Bill Charters, representing himself, testified in support of the bill. He is disgusted that his taxes are being used to pay for services for illegal immigrants.

05:38 PM -- Gene Hogan, representing himself, spoke in support of the bill. He provided Attachment E, a letter from the Colorado Catholic Conference.

05:39 PM -- Leon Odendahl, representing himself, spoke in support of the bill. He noted that he objects to the tax burden created by illegal immigrants, and that he is not against immigration.

05:45 PM -- Evelyn Elfstrom, CAIR, spoke in support of the bill. She is concerned about who can come into the country illegally. She offered various reasons why she supports the bill, ranging from health to crime.

05:52 PM -- David Wright, representing himself, spoke in favor of the bill. He indicated that he has worked for 20 years as a grassroots politician. He noted that Colorado's population growth is increasing while the contribution into the commonwealth is decreasing per capita. In short, he does not believe that illegal immigrants are paying taxes to provide services, resulting in a shortage of funds for the state.

05:58 PM -- Glen Colton, representing himself, spoke in support of the bill. Mr. Colton is from Fort Collins. He noted that although this issue should be nonpartisan, he believes it has become partisan. He said he is very disappointed with the growth in the state and the country, because of the resulting fiscal impacts of this issue. He believes immigration plays a role in this growth.

06:04 PM -- Mike McGarry, CAIR, spoke in favor of the bill. He recounted some of his personal experiences that support the bill.

06:10 PM -- Kara VanHorn representing herself, spoke in favor of the bill. She said that immigration has a profound impact on the fiscal health of this state.


BILL:	HB05-1271
TIME:	06:15:15 PM
MOVED:	Schultheis
MOTION:	Moved Amendment L.001. Rep. Schultheis explained the amendment. The motion passed without objection.
SECONDED:	Crane
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1271
TIME:	06:17:34 PM
MOVED:	Carroll T.
MOTION:	Moved Amendment L.002. (Attachment D). The motion passed without objection.
SECONDED:	Coleman
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1271
TIME:	06:18:32 PM
MOVED:	Schultheis
MOTION:	Moved HB 05-1271, as amended, to the Committee on Appropriations. Committee discussion ensued. The motion failed on a 5 - 6 vote.
SECONDED:	Lundberg
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1271
TIME:	06:33:10 PM
MOVED:	Coleman
MOTION:	Moved to postpone indefinitely. The motion pass on a 6-5 vote.
SECONDED:	Carroll T.
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	Yes
	Crane	No
	Gallegos	Yes
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:34 PM -- House Bill 05-1231

Representative Harvey, prime sponsor, explained House Bill 05-1231. The bill determines which Colorado State employees are eligible to be members of the defined contribution retirement plan created by the Public Employees' Retirement Association (PERA), and clarifies those "eligible employees".

The following people testified:

06:37 PM -- Heidi Dineen, representing Department of Personnel and Administration, spoke in support of the bill.

06:40 PM -- Rob Gray, representing PERA, testified in support of the bill. He noted that this bill helps correct drafting errors in a previous bill from last year, Senate Bill 04-257.

Representative Harvey concluded his remarks.


BILL:	HB05-1231
TIME:	06:43:10 PM
MOVED:	Coleman
MOTION:	Moved HB 05-1231 to the Committee of the Whole, unamended, with a favorable recommendation. The motion passed on a 10-0-1 vote.
SECONDED:	Ragsdale
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Excused
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:44 PM -- House Bill 05-1263

Representative Larson, prime sponsor, introduced House Bill 05-1263 which would require a public or private employer to disclose employment information if requested by a public safety organization (i.e., peace officers, fire department, district attorney's office), concerning an applicant for a sensitive public safety position. He provided Amendments L.002 and L.003, and the unofficial preamended version 02 of the bill (Attachments F, G, and H respectively). He reviewed the amendments and the provisions of the bill. He responded to committee questions. Representative Larson also provided a revised fiscal assessment based on the proposed Amendment L.002 (Attachment I).

The following people testified:

06:53 PM -- Earl Peterson, Denver Civil Service Commission, spoke in support of the bill. He explained lateral academies to the committee and responded to questions. Mr. Peterson also provided statistics to the committee.

07:21 PM -- David Osborne, Fraternal Order of Police, testified in opposition of the bill. He reviewed the bill provision by provision, discussing the potential liabilities the bill creates.

07:37 PM

Mr. Osborne stated that this bill is an overreaction to a problem that can be handled on a local level.

07:50 PM

Mr. Osborne concluded his remarks.

07:53 PM

Representative Larson commented on the testimony of the previous witness.

07:53 PM -- Steven Carter, representing the Denver Police, Captain, spoke in support of the bill. He believes this bill is necessary because it would provide appropriate background information regarding public safety candidates on a consistent basis.

08:11 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill. She stated that Colorado is an "at-will state," where her employees can be fired when she decides, just as law enforcement can fire at will.

08:14 PM -- Anne Barkis, representing the Colorado Bankers Association, spoke in support of the bill. She indicated that her association is working with the sponsor to craft a future amendment to the bill. Rep. Larson briefly explained the future amendment.

08:18 PM -- Annmarie Jensen, representing the Colorado Association of Chiefs of Police and the Colorado Department of Public Safety, testified in support of the bill with the proposed amendments. She indicated that the association will help find qualified law enforcement candidates and reduce employer liabilities.

08:21 PM -- Tony Lombard, Denver Police Protective Association, offered clarifying remarks to the committee regarding previous testimony. He testified in opposition to the bill, stating that a "no" vote on the bill protects the open records laws. Representative Larson stated that he objected to portions of Mr. Lombard's testimony.


BILL:	HB05-1263
TIME:	08:33:08 PM
MOVED:	Carroll T.
MOTION:	Moved Amendment L.002. The motion passed without objection.
SECONDED:	Gallegos
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB05-1263
TIME:	08:33:47 PM
MOVED:	Carroll T.
MOTION:	Moved Amendment L.003, an amendment to Amendment L.002. The motion passed without objection.
SECONDED:	Coleman
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1263
TIME:	08:35:17 PM
MOVED:	Carroll T.
MOTION:	Moved HB 05-1263, as amended, to the Committee on Appropriations with a favorable recommendation. The motion failed on a 5-6 vote.
SECONDED:	Liston
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	No
	Crane	No
	Gallegos	No
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	No
	Weissmann	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1263
TIME:	08:39:08 PM
MOVED:	Coleman
MOTION:	Moved to postpone indefinitely. The motion pass on a 6-5 vote.
SECONDED:	Cadman
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	No
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:40 PM -- House Bill 05-1286

Representative Cadman, prime sponsor, explained House Bill 05-1286 that eliminates the automatic repeal of the Department of Personnel's authority to deposit user charges of public safety radio systems into the telecommunications revolving fund. He provided Amendment L.001 (Attachment J).

The following people testified:

08:41 PM -- Jennifer Okes, representing the Department of Personnel and Administration, Chief Financial Officer, spoke in support of the bill. She responded to committee questions.


BILL:	HB05-1286
TIME:	08:52:27 PM
MOVED:	Cadman
MOTION:	Moved Amendment L.001. He explained the amendment. The motion passed without objection.
SECONDED:	Coleman
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1286
TIME:	08:53:21 PM
MOVED:	Cadman
MOTION:	Referred HB 05-1286, as amended, to the Committee on Appropriations. The motion passed on a 8-3 vote.
SECONDED:	Coleman
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	No
	Gallegos	Yes
	Liston	Yes
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS