Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:04/18/2006
ATTENDANCE
Time:01:34 PM to 03:01 PM
Cadman
X
Carroll T.
*
Place:HCR 0107
Coleman
X
Crane
X
This Meeting was called to order by
Gallegos
X
Representative Weissmann
Liston
*
Lundberg
*
This Report was prepared by
Schultheis
X
Bo Pogue
Todd
*
Ragsdale
X
Weissmann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-206
SB06-207
SB06-049		Amended, Referred to Appropriations
Laid Over
Referred to the Committee of the Whole

01:34 PM

The committee came to order. A quorum was present.

01:35 PM -- Senate Bill 06-206

Representative Green presented and provided an overview of Senate Bill 06-206, concerning a prohibition on the smuggling of humans into Colorado. Representative Green spoke about recent vehicular accidents in Colorado involving vans containing smuggled illegal aliens. Representative Green responded to questions regarding the threshold for triggering a smuggling prosecution, treatment of those who pick up hitchhikers under the bill, and the fiscal impact of the bill.

01:43 PM

The following people testified regarding Senate Bill 06-206:

01:44 PM -- Mr. Miles Madorin, representing the Colorado District Attorneys' Council, testified regarding the bill, and in particular in favor of prepared amendment L.017 (Attachment A). Mr. Madorin explained the source for the language in the amendment, each provision of the amendment, and the reason for his organization's support of the amendment. A discussion ensued regarding the provision in amendment L.017 requiring an exchange of money or other thing of value as an element of the crime of human smuggling. Mr. Madorin responded to questions regarding how people picking up hitchhikers who turn out to be illegal aliens would be treated under amendment L.017 and the use of the term "immigrant" in the amendment. Discussion followed regarding the legal element of intent as it pertains to the transport of illegal aliens.


01:57 PM

Representative Schultheis moved prepared amendment L.013 (Attachment B) and explained the amendment.
BILL:SB06-206
TIME: 01:57:46 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.013 (Attachment B). Representative T. Carroll moved prepared amendment L.017 (Attachment A) as a substitute motion. Amendment L.017 passed, as amended.
SECONDED:
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

Representative T. Carroll moved prepared amendment L.017 as a substitute for amendment L.013.
BILL:SB06-206
TIME: 01:58:14 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.017 (Attachment A). The amendment was amended, page 1, line 15, by striking "an illegal immigrant" and substituting "a person who is illegally present in the United States". Amendment L.017 passed, as amended, 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


Representative Lundberg moved to amend language in Amendment L.017 referring to an "illegal immigrant" and explained his reason for doing so. Discussion ensued regarding the difference between immigration and visitation.
BILL:SB06-206
TIME: 02:02:35 PM
MOVED:Lundberg
MOTION:Moved to amend prepared amendment L.017 (Attachment A), page 1, line 15, strike "an illegal immigrant" and substitute "a person who is illegally present in the United States". The motion passed without objection.
SECONDED:Carroll T.
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

Representative Crane moved to strike line 8 from prepared amendment L.017. Discussion ensued regarding transporting illegal aliens in the absence of remuneration.
BILL:SB06-206
TIME: 01:58:48 PM
MOVED:Crane
MOTION:Moved to amend prepared amendment L.017 (Attachment A), page 1, strike line 8. The motion lost on a 5-6 roll call vote.
SECONDED:Schultheis
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


Representative Weissmann move prepared amendment L.018 (Attachment C) and explained the amendment. A discussion ensued regarding the impact the amendment would have on criminal sentencing. Further discussion ensued regarding the fiscal impact of Senate Bill 06-206. Representative Green took a neutral position on amendment L.018. Discussion followed regarding the likely recommendations of the Department of Law under the amendment.
BILL:SB06-206
TIME: 02:08:34 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.018 (Attachment C). The motion lost on a 3-8 roll call vote.
SECONDED:Ragsdale
VOTE
Cadman
No
Carroll T.
No
Coleman
No
Crane
No
Gallegos
No
Liston
Yes
Lundberg
No
Schultheis
No
Todd
No
Ragsdale
Yes
Weissmann
Yes
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

Representative Schultheis moved prepared amendment L.014 (Attachment D). The amendment was ruled a settled question.
BILL:SB06-206
TIME: 02:15:02 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.014 (Attachment D). The chair ruled that the amendment was a settled question.
SECONDED:
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


Representative Schultheis moved prepared amendment L.015 (Attachment E) and explained the amendment. The committee discussed the criminalization by the amendment of those who are in the country illegally and are being smuggled. Discussion followed regarding the fiscal impact of incarcerating such illegal aliens and the need for criminalizing these aliens. The committee then discussed applying criminal penalties to illegal immigration at the federal level and the likely outcome of increased criminal penalties for illegal immigration on the state.
BILL:SB06-206
TIME: 02:15:46 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.015 (Attachment E). The motion failed on a 5-6 roll call 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

02:35 PM

Representative Green provided closing remarks in favor of Senate Bill 06-206.
BILL:SB06-206
TIME: 02:36:19 PM
MOVED:Carroll T.
MOTION:Moved to refer Senate Bill 06-206, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 10-1 roll call vote.
SECONDED:Coleman
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
No
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:38 PM -- Senate Bill 06-207

Representative Borodkin presented an overview of Senate Bill 06-207, concerning a prohibition against trafficking in humans. Representative Borodkin explained the difference between human smuggling and human trafficking, the plight of those people who are victims of human trafficking, and the motivations of those engaged in trafficking. Representative Borodkin then explained the relationship between human trafficking and immigration policy, and efforts to combat human trafficking by other governments.

02:48 PM

No one testified regarding Senate Bill 06-207. Discussion ensued regarding the fiscal impact of the bill. Representative Borodkin explained her position on the bill.

02:51 PM

Representative Weissmann took Senate Bill 06-207 off the table.

02:51 PM -- Senate Bill 06-049

Representative Lindstrom, prime sponsor, presented an overview of Senate Bill 06-049, concerning the transfer of the state Council on the Arts from the Department of Higher Education to the Colorado Office of Economic Development. A discussion ensued regarding placing the council under the Economic Development Commission, as opposed to the Office of Economic Development, in order to foster enhanced legislative oversight. Discussion followed regarding the impact of moving the Council on the Arts on the council's mission.

03:00 PM

No one testified regarding Senate Bill 06-049 and no amendments were offered on the bill.
BILL:SB06-049
TIME: 03:00:34 PM
MOVED:Carroll T.
MOTION:Moved to refer Senate Bill 06-049 to the Committee of the Whole with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:Ragsdale
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:01 PM

The committee adjourned.