Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:02/21/2006
ATTENDANCE
Time:01:09 PM to 09:16 PM
Cadman
*
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
Bo Pogue
Todd
X
Ragsdale
X
Weissmann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1062
HB06-1306
HB06-1082
HB06-1131
HB06-1134
HB06-1286
HB06-1290
HB06-1133
HB06-1101
HB06-1343
General Public Testimony		Postponed Indefinitely
Amended, Referred to Appropriations
Postponed Indefinitely
Amended, Referred to Appropriations
Postponed Indefinitely
Tabled - Deemed Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Witness Testimony Only
Witness Testimony Only


01:10 PM

The committee was called to order. A quorum was present.

01:10 PM -- House Bill 06-1062

Representative Welker presented an overview of House Bill 06-1062, concerning collection of citizenship data for public school students enrolled in kindergarten through twelfth grade. Representative Welker discussed a sample student enrollment card, copies of which were distributed to the committee members (Attachment A).

01:16 PM -- House Bill 06-1306

Representative Knoedler presented an overview of House Bill 06-1306, concerning the requirement of a statewide audit to study the implementation of the "secure and verifiable identity document act."

01:19 PM -- House Bill 06-1082

Representative Stengel provided an overview of House Bill 06-1082, concerning actions against the employer of an unauthorized alien for the tortious conduct of the unauthorized alien employee.


01:21 PM -- House Bill 06-1131

Representative Stengel presented an overview of House Bill 06-1131, concerning persons who provide surety to a court for a defendant that has been taken into custody. A discussion ensued regarding potential amendments to the bill. Committee members received copies of a letter in support of the bill from Johnny Jallad, Vice-President of Accredited Surety & Casualty (Attachment F).

01:24 PM -- House Bill 06-1134

Representative Schultheis provided an overview of House Bill 06-1134, concerning enforcement of immigration laws by law enforcement agencies in Colorado. Representative Schultheis quickly explained an amendment that removes local authorities from the purview of the bill.

01:26 PM -- House Bill 06-1286

Representative Schultheis presented an overview of House Bill 06-1286, concerning verification of the immigration status of employees of a retail food establishment regulated by the department of public health and environment. Representative Schultheis cited medical journals and newspaper articles regarding infectious diseases.

01:30 PM -- House Bill 06-1290

Representative Schultheis presented an overview of House Bill 06-1290, concerning employer participation in the extended federal basic employment verification pilot program for the purpose of determining the work eligibility status of employees. Representative Schultheis responded to a question regarding system used by employers to comply with the program. Committee members received a printout of information regarding employee verification programs from the United States Citizen and Immigration Services website (Attachment M).

01:33 PM -- House Bill 06-1133

Representative Harvey provided an overview of House Bill 06-1133, concerning the elimination of government practices that are permissive toward illegal immigration.

01:37 PM -- House Bill 06-1101

Representative Crane explained House Bill 06-1101, concerning illegal aliens. Representative Crane discussed his findings during a recent trip to Arizona. Representative state his intention to postpone the bill indefinitely.

01:43 PM -- House Bill 06-1343

Representative Crane provided an overview of House Bill 06-1343, concerning measures to ensure that an illegal alien does not perform work on a public contract for services.

01:48 PM -- House Bill 06-1306

The following people testified regarding House Bill 06-1306:

01:49 PM -- Deb DeBoutez, representing the Colorado Coalition for the Homeless, testified in favor of House Bill 06-1306. Ms. DeBoutez referred to a fact sheet, copies of which were distributed to the committee members (Attachment B). Ms. DeBoutez spoke about the difficulties homeless people face in trying to acquire identification.


01:50 PM -- Mr. Randle Loeb, representing himself, testified in favor of the bill. Mr. Loeb spoke in favor of policies that allow vulnerable individuals to make decisions for themselves.

01:51 PM -- House Bill 06-1062

The following people testified regarding House Bill 06-1062:

01:51 PM -- Ms. Connie Kowal, representing the Colorado Association of Bilingual Educators and the Association of Directors of Bilingual Educators, testified in opposition to House Bill 06-1062. Ms. Kowal explained that the information required by the bill at the time of enrolling in school is already available through the Colorado Department of Education. A discussion ensued regarding the Plyler vs. Doe United States Supreme Court decision, which requires the provision of education to undocumented students. Further discussion followed regarding the costs associated with providing an education to undocumented students.

01:58 PM -- Mr. Phil Fox, representing the Colorado Association of School Executives, testified in opposition to the bill. Mr. Fox explained the complexity of data collection by schools. A discussion followed regarding the economics associated with educating undocumented students. Mr. Fox responded to questions regarding the method by which student residency is verified.

02:02 PM -- Mr. Richard Garcia, representing the Colorado Statewide Parent Association, testified in opposition to the bill.

02:02 PM -- House Bill 06-1082

The following people testified regarding House Bill 06-1082:

02:03 PM -- Mr. Ken Sanchez, representing himself, testified in favor of House Bill 06-1082. Mr. Sanchez discussed the competitive disadvantages facing businesses who employ only documented workers.

02:06 PM -- Ms. Jody Randall, representing herself and her family, testified in opposition to House Bill 06-1082. Ms. Randall explained the hiring practices of her family's business, as well as other small businesses. Ms. Randall responded to questions regarding the usual duration of employment for temporary employees and current available employee verification processes. A discussion ensued regarding the I-9 employment verification document. Ms. Randall responded to questions regarding a potential amendment to the bill that would narrow the scope of employees to which the bill applies. Further discussion ensued regarding methods by which employers verify the residency of employees.

02:20 PM -- Mr. Chuck Berry, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill. Mr. Berry discussed the history of tort law with regard to employers and employees, and mentioned a recent Colorado Supreme Court decision on the subject. Mr. Berry spoke about the negative impact the bill would have on businesses, and discussed a potential amendment aimed at narrowing the scope of employers covered by the bill.

02:23 PM -- Ms. Minsun Ji, representing Centro Humanitario, testified in opposition to House Bill 06-1082. Ms. Ji discussed tort doctrine and the potential impact of the bill on Colorado businesses and temporary laborers. Ms. Ji explained her organization's policy regarding identifying day laborers and the central mission of the organization. A brief discussion ensued regarding the role of race in the general immigration discussion. Discussion followed regarding the day-to-day functioning of Centro Humanitario. Ms. Ji responded to questions regarding the organization's funding sources, clients, and history.

02:45 PM -- Mr. Natividad Garcia, representing Centro Humanitario, testified in opposition to House Bill 06-1082.


02:47 PM -- Mr. Jeff Weist, representing the Colorado Civil Justice League, testified in opposition to the bill. Mr. Weist discussed the potential negative impact of the bill on Colorado businesses, as well as the bill's deficiencies. Mr. Weist also discussed a recent Supreme Court decision limiting employer liability.

02:53 PM -- House Bill 06-1131

The following people testified regarding House Bill 06-1131:

02:53 PM -- Mr. Tom Remy, representing the Colorado Bail Agents Coalition, testified in favor of the bill.

02:53 PM -- Ms. Leticia Montoya, representing the Colorado Bail Agents Coalition, testified in favor of the bill.

02:54 PM -- Ms. Pati Angel, representing the Colorado Bail Agents Coalition, testified in favor of House Bill 06-1131.

02:54 PM -- Mr. Rick Gonzalez, representing the Colorado Bail Agents Coalition, testified in opposition to the bill. Mr. Gonzalez specifically objected to the legislative declaration in the bill.

02:58 PM -- House Bill 06-1134

The following people testified regarding House Bill 06-1134:

02:58 PM -- Mr. Mike McGarry, representing the Colorado Alliance for Immigration Reform, testified in favor of House Bill 06-1134. Mr. McGarry discussed comments by a police chief regarding illegal immigration in newspaper articles dated February 20. A discussion ensued regarding the sources for figures cited by Mr. McGarry and the specific newspapers that ran the cited articles. Mr. McGarry agreed to forward the source for illegal immigration figures to Representative Coleman.

03:06 PM -- Ms. Joyce Rubin, Anti-Defamation League, testified in opposition to the bill. Ms. Rubin explained her organization's reservations regarding the impact of House Bill 06-1134 on policing and police profiling of certain populations. A discussion ensued regarding training of police officers

03:11 PM -- Mr. Frosty Wooldridge, representing himself, testified in favor of House Bill 06-1134. Mr. Wooldridge detailed a number of crimes committed by illegal immigrants and crime statistics, and expressed the need for law enforcement to police illegal immigration. A discussion followed regarding the ability to prosecute crimes under current law.

03:19 PM -- Mr. Tom Linn, representing himself, testified in favor of the bill, explaining an automobile accident involving his wife and an illegal alien.

03:20 PM -- House Bill 06-1286

The following person testified regarding House Bill 06-1286:



03:21 PM -- Dr. Richard L. Vogt, representing Public Health Directors of Colorado and the Tri-County Health Department, testified in opposition to House Bill 06-1286. Committee members received a position paper on the bill by the Public Health Directors of Colorado (Attachment K). Dr. Vogt explained that identifying illegal immigrants is outside the mission of public health departments and that passage of the bill would place additional burdens on such departments. Dr. Vogt responded to questions regarding the impact of illegal immigration on public health. Discussion ensued regarding diseases that can be transmitted through food and food handling.

03:28 PM -- House Bill 06-1343

The following person testified regarding House Bill 06-1343:

03:28 PM -- Mr. Bob Greene, representing Colorado Laborers, testified in favor of House Bill 06-1343. Mr. Greene discussed the impact of the hiring of foreign workers in place of domestic workers. Mr Greene explained a situation where a number of pipefitters from Argentina worked on a job in place of domestic pipefitters, and discussed the relative level of training between the Argentinian and domestic pipefitters.

03:32 PM -- General Public Testimony

The following people provided general public testimony:

03:33 PM -- Twanna Latrice Hill, representing the Colorado Coalition Against Domestic Violence, testified in opposition to House Bills 06-1134 and 06-1131. Ms. Hill explained that passage of these bills may cause illegal immigrant victims of domestic violence to not report the crimes committed against them. Ms. Hill cited specific federal and state domestic violence laws that would be undermined by passage of these bills. In response to committee questions, Ms. Hill clarified her reasons for opposing House Bill 06-1131.

03:41 PM -- Mr. Emzy Veazy III, testified in favor of the bills seeking to stiffen illegal immigration penalties.

03:44 PM -- Mr. Brian Wareing, representing himself, testified in favor of the bills before the committee. Mr. Wareing discussed the general economic, social, and legal impact of illegal immigration on the United States and Central American countries.

03:50 PM -- Mr. John H. Patterson, representing the Colorado Association of Chiefs of Police, explained his organization's position on immigration enforcement. Committee members were provided with a position paper detailing this position (Attachment R). Mr. Patterson explained that the association isn't taking a position on illegal immigration itself, but rather the impact of certain bills on the practicality of policing. Mr. Patterson clarified that the association specifically objects to House Bills 06-1101, 06-1131, and 06-1134. A discussion ensued regarding the proper law enforcement body for enforcing immigration laws and resources available to enforce these laws. Mr. Patterson responded to questions regarding his preferred prescriptions for dealing with illegal immigration issues and the outlook for addressing the issues in the future.

04:05 PM -- Mr. Tom Kowal, representing Coloradans for Immigrant Rights, testified in opposition to the bills before the committee. Mr. Kowal explained that the United States immigration and work visa system should be overhauled comprehensively, an effort to which the bills would not contribute. Mr. Kowal provided some historic background regarding immigration in the United States, and discussed the relationship between trade, economics, and immigration.


04:13 PM -- Mr. Glen Colton, representing Northern Coloradans for Immigration Reduction, testified in favor of the bills before the committee. Mr. Colton discussed the negative impacts of increased immigration. Mr. Colton specifically approved of bills seeking to punish employers for employing illegal immigrants.

04:21 PM -- Ms. Kathleen Hazouri, representing the American Civil Liberties Union (ACLU) Colorado Chapter, testified regarding the bills before the committee. Ms. Hazouri testified in opposition to House Bill 06-1062, stating that children in the United States are entitled to a public education. Ms. Hazouri then testified in opposition to a number of other bills before the committee on the grounds that they contribute to racial and ethnic profiling by government entities, and detailed various breaches in civil liberties protections that would occur with passage of the bills. She discussed House Bill 06-1343, which she said would allow someone to report, through a "tip line," an employer who may be employing undocumented immigrants and said that this type of provision is opposed by the ACLU. She responded to questions regarding what she believed to be the constitutional issues pertinent to the House Bill 06-1343. Ms. Hazouri then responded to questions regarding solutions that the ACLU might support, and explained that the states have limited powers with regard to immigration law.

04:38 PM -- Perry Lorenz, representing himself, testified in support of the bills before the committee. He stated that the bills have the potential to reduce illegal immigration and expressed his support for the interests of the American people and the country's heritage.

04:40 PM -- Fred Elbel, representing Defend Colorado Now, testified in support of the bills before the committee. He discussed the potential impact of immigration-driven population increases in Colorado and the United States. He expressed concern about the cost of illegal immigration and referenced a document he had distributed containing demographic data and an article regarding narcotics trafficking through Denver (Attachment S).

04:44 PM -- Mr. James Swanson, representing himself, testified in support of the bills before the committee. Mr. Swanson specifically supported House Bills 06-1286 and 06-1290.

04:46 PM -- Ms. Tamika Payne, representing Colorado Coalition Against Sexual Assault, testified in opposition to the bills before the committee. Ms. Payne specifically cited House Bills 06-1131 and 06-1134. Ms. Payne explained that the bills will inhibit the reporting of sexual assault by illegal immigrants and contribute to ethnic and racial profiling. Ms. Payne also explained that House Bill 06-1134 will be detrimental to the cause of cutting down on sex slave trafficking.

04:52 PM -- Ms. Wanda Weatherford, representing the Minutemen, testified in favor of the bills before the committee, and expressed her frustration at the lack of action by various levels of government to address immigration issues.

04:53 PM -- Mr. Lee Clendenin, representing "all taxpayers in USA", testified in opposition to the bills before the committee. Mr. Clendenin explained the circumstances that brought him to the United States and his attempts to establish citizenship.

05:03 PM -- Ms. Adrienne Benavidez, representing the Colorado Hispanic Bar Association and the Color of Justice, testified in opposition to the bills before the committee. Ms. Benavidez asserted that immigration issues should be addressed comprehensively at the federal level. Ms. Benavidez detailed, bill by bill, the various violations of existing law and detrimental outcomes that would occur if the bills were to pass. Ms. Benavidez also cited federal laws that preempt the law seeking to be effected in certain bills.

05:28 PM -- Ms. Donna Lipinski, representing herself, testified in opposition to the bills before the committee, and suggested that leaders work within the framework of existing law to come to solutions regarding immigration.


05:30 PM -- Mr. Chuck Saxton, representing himself, testified regarding the bills before the committee. Mr. Saxton discussed the economic and social impact of immigration on Colorado and the nation.

05:34 PM -- Mr. Robert Copley, representing Colorado Minutemen, testified in favor of the bills before the committee. Mr. Copley discussed the need for Colorado to take action with regard to illegal immigration in the absence of action at the federal level.

05:37 PM -- Mr. Philip Sekon, representing himself, testified in favor of the bills before the committee. Mr. Sekon explained the process by which he became a United States citizen, and stressed the need to enforce the country's laws.

05:39 PM -- Mr. William Perry, representing himself, testified in favor of the bills before the committee, with the exception of House Bill 06-1082. Mr. Perry expressed his fears and concerns associated with illegal immigration.

05:42 PM -- Mr. Harold Lasso, representing Centro Humanitario, testified in opposition to the bills before the committee. Mr. Lasso discussed the impact of immigration on public health, crime, traffic accidents, and education. Mr. Lasso next discussed changes in the labor market which result in a large pool of temporary workers. Mr. Lasso then explained changes in immigration law at the federal level under past presidential administrations and the impact of those changes.

05:52 PM -- Mr. James Johnson, representing himself, testified in opposition to the bills before the committee. Mr. Johnson discussed the nexus between law and justice, and the ability of the bills before the committee to stem illegal immigration. Mr. Johnson took specific exception to House Bill 06-1062. Mr. Johnson quoted from a book authored by Mr. Frosty Wooldridge, who testified previously, and expressed his objections to these passages. Mr. Johnson proposed comprehensive immigration reform as a solution to current problems. Mr. Johnson responded to a question regarding his efforts regarding immigration reform at the federal level.

06:09 PM -- Mr. Rich Jones, representing the Bell Policy Center, testified in opposition to the bills before the committee. Mr. Jones referenced two handouts regarding House Bill 06-1062 (Attachments T and U), copies of which were distributed to the committee. Mr. Jones expressed the need to address immigration issues comprehensively at the federal level. Mr. Jones then discussed the center's objections to specific bills, and concurred with some earlier witness comments pertaining to these bills. Mr. Jones clarified that the Bell Policy Center would support House Bill 06-1343 if some changes were made to the bill. Mr. Jones then explained the Plyler vs. Doe United States Supreme Court decision, which guarantees the right of school-age children to an education in the United States regardless of citizenship status. Mr. Jones agreed to provide the community with clarification regarding information provided in Attachment at a future time.

06:17 PM -- Ms. Joy Athanasiou, an immigration attorney representing herself, testified in opposition to the bills before the committee. Ms. Athanasiou explained that problems addressed in certain bills require action at the federal level. She then explained the potential impact of House Bill 06-1082 on businesses, and objected to House Bill 06-1134 on the grounds that law enforcement personnel could detain persons in the country legally under the bill, causing those detained to experience economic burdens. Ms. Athanasiou discussed what she viewed as factual flaws in the legislative declaration of House Bill 06-1286. Ms. Athanasiou closed her testimony by reiterating the need to address immigration issues at the federal level.

06:30 PM

The committee recessed.

06:55 PM -- House Bill 06-1306

The committee was called back to order. A discussion ensued regarding the potential for communicating with the Legislative Audit Committee to produce the outcome that the bill seeks to effect.

06:59 PM

Representative Weissmann moved prepared amendment L.001 (Attachment C) and suggested a further amendment to L.001. He then explained the amendment. Discussion ensued on the topics of increasing the level of security for certain documents and the audit process.
BILL:HB 06-1306
TIME: 06:59:45 PM
MOVED:Weissmann
MOTION:Moved prepared Amendment L.001 (Attachment C). The motion passed without objection.
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: Pass Without Objection
BILL:HB 06-1306
TIME: 07:03:05 PM
MOVED:Weissmann
MOTION:Moved to amend prepared amendment L.001, page 1, line 2, after "certificate", insert "issued in Colorado." The motion passed without objection.
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: Pass Without Objection



Representative Weissmann moved prepared amendment L.002 (Attachment D) and explained the amendment.
BILL:HB 06-1306
TIME: 07:04:02 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.002 (Attachment D). 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
BILL:HB 06-1306
TIME: 07:04:29 PM
MOVED:Ragsdale
MOTION:Refer House Bill 06-1306 as amended to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Todd
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


07:06 PM -- House Bill 06-1062

Representative Welker again provided an overview of House Bill 06-1062. Representative Welker discussed the Plyler vs. Doe decision, and the relationship of the decision to House Bill 06-1062. Representative Welker responded to questions regarding fulfilling the requirements of the bill when proper documentation doesn't exist, the extent to which country-of-origin data is collected under the bill, and provisions in the bill addressing compilation of collected data. Representative Welker responded to further questions regarding parental involvement in filling out a student enrollment card and the unwillingness of a parent to provide information requested on card. He then clarified his reason for running the bill. A discussion ensued regarding the costs associated with the bill and federal responsibilities regarding illegal immigration. Representative Welker then clarified the frequency with which a student enrollment card would need to be filled out by a particular student. Representative Welker responded to further questioning regarding his reason for running the bill. A discussion followed on the subject of current information collecting practices when enrolling students.

07:25 PM

Representative Welker entered the discussion to explain how a current student enrollment card would be changed by House Bill 06-1062 and responded to a question regarding the non-standardized nature of student enrollment cards among various school districts. Discussion then turned to the information currently collected with student enrollment cards. Discussion followed regarding the ability to collect

07:32 PM

No amendments were offered during the amendment phase for House Bill 06-1062.
BILL:HB 06-1062
TIME: 07:32:26 PM
MOVED:Liston
MOTION:Refer House Bill 06-1062 to the Committee of the Whole with favorable recommendation. A substitute motion to Postpone Indefinitely House Bill 06-1062 was offered (see following vote sheet) and passed.
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


BILL:HB 06-1062
TIME: 07:32:28 PM
MOVED:Carroll T.
MOTION:Moved a substitute motion to Postpone Indefinitely House Bill 06-1062. The motion passed on a 6-5 roll call 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

07:35 PM -- House Bill 06-1082

Representative Stengel provided further explanation and commentary in support of House Bill 06-1082. Representative Stengel explained prepared amendment L.001 (Attachment E), which sought to narrow the scope of employees addressed by the bill. Discussion ensued regarding the regulation of the "day labor" pool. Representative Stengel responded to questions regarding the ability to track the recent employment history of day laborers. Representative Stengel then responded to questions regarding the ability to target people who introduce potential day laborers into the United States and litigation that may be spawned as a result of the passage of the bill. Discussion followed regarding an employer's ability to accurately verify an employee's citizenship status.


07:49 PM

Representative Weissmann moved prepared amendment L.001.
BILL:HB 06-1082
TIME: 07:49:54 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.001 (Attachment E). 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:HB 06-1082
TIME: 07:50:18 PM
MOVED:Coleman
MOTION:Moved to Postpone Indefinitely House Bill 06-1082. The motion passed on a 6-5 roll call 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




07:53 PM -- House Bill 06-1131

Representative Stengel explained, section by section, the legislative changes contained in House Bill 06-1131. Representative Stengel then explained prepared amendments L.001 (Attachment G) and L.003 (Attachment H). Representative Stengel responded to questions regarding a segment of the bill requiring continuing education for bail agents.

07:56 PM

Representative Stengel presented amendments L.001 and L.003.
BILL:HB 06-1131
TIME: 07:56:59 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.001 (Attachment G). 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


07:58 PM

The committee discussed prepared amendment L.003. Representative Stengel clarified that the legislative declaration contained in House Bill 06-1131 would need to be removed if L.003 were to pass.
BILL:HB 06-1131
TIME: 08:01:06 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.003 (Attachment H). 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:HB 06-1131
TIME: 08:01:22 PM
MOVED:Weissmann
MOTION:Moved to strike the legislative declaration contained in House Bill 06-1131, page 2, lines 2 through 12.
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:HB 06-1131
TIME: 08:01:50 PM
MOVED:Coleman
MOTION:Refer House Bill 06-1131 as amended to the Committee on Appropriations with a favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Cadman
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:05 PM -- House Bill 06-1133

Representative Harvey briefly reintroduced House Bill 06-1133, and described two amendments to the bill, prepared amendments L.001 (Attachment P) and L.002 (Attachment Q). Discussion ensued regarding section 2 of the bill which would prohibit illegal immigrants from receiving in-state tuition rates and the ability of illegal immigrants to receive a state-funded higher education stipend.


08:06 PM

Representative Harvey explained prepared amendment L.001, which altered the bill's fiscal impact.
BILL:HB 06-1133
TIME: 08:07:04 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.001 (Attachment P). The motion passed without objection.
SECONDED:Schultheis
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 Harvey explained prepared amendment L.002.


BILL:HB 06-1133
TIME: 08:08:40 PM
MOVED:Weissmann
MOTION:Moved prepared amendment L.002 (Attachment Q). The motion passed without objection.
SECONDED:Todd
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



08:09 PM

Representative Harvey provided closing remarks in favor of House Bill 06-1133. A discussion ensued regarding the receipt of in-state tuition for higher education institutions.
BILL:HB 06-1133
TIME: 08:13:59 PM
MOVED:Schultheis
MOTION:Refer House Bill 06-1133, as amended, to the Committee of the Whole with favorable recommendation. 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
BILL:HB 06-1133
TIME: 08:14:51 PM
MOVED:Coleman
MOTION:Moved to Postpone Indefinitely House Bill 06-1133. The motion passed on a 6-5 roll call vote.
SECONDED:Gallegos
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








08:16 PM -- House Bill 06-1134

Representative Schultheis provided a second overview of House Bill 06-1134, and explained two amendments, prepared amendments L.001 (Attachment I) and L.003 (Attachment J). Discussion ensued regarding law enforcement in El Paso County, and a pilot program in that county to foster a working relationship between the county sheriff and the federal government on immigration enforcement.

08:21 PM

Representative Schultheis explained amendment L.001, which removed local law enforcement agencies from the bill.
BILL:HB 06-1134
TIME: 08:21:51 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:Weissmann
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:HB 06-1134
TIME: 08:22:12 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.003 (Attachment J). The motion passed without objection.
SECONDED:Weissmann
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 Schultheis provided closing comments in favor of House Bill 06-1134. Representative Schultheis explained the status of a Memorandum of Understanding between the federal Bureau of Immigration and Customs Enforcement (ICE) and the El Paso County Sheriff. Discussion followed regarding the training of Colorado State Patrol Officers to act on immigration offenses. Further discussion followed regarding the identification of potential immigration offenses. Representative Schultheis then responded to a question regarding the location where immigration offenders would be detained under the bill. The committee discussed a recent traffic accident involving illegal immigrants and current cooperation between ICE and law enforcement in Colorado.
BILL:HB 06-1134
TIME: 08:42:24 PM
MOVED:Schultheis
MOTION:Refer House Bill 06-1134 as amended to the Committee of the Whole with favorable recommendation. The motion lost on a 5-6 roll call vote.
SECONDED:Cadman
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:HB 06-1134
TIME: 08:43:05 PM
MOVED:Coleman
MOTION:Moved to Postpone Indefinitely House Bill 06-1134. The motion passed on a 6-5 roll call vote.
SECONDED:Gallegos
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

08:45 PM -- House Bill 06-1286

Representative Schultheis provided a second short overview of House Bill 06-1286.

08:45 PM

Representative Schultheis moved prepared amendment L.001 (Attachment L) and explained the amendment.
BILL:HB 06-1286
TIME: 08:46:37 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.001 (Attachment L). The motion passed without objection.
SECONDED:Cadman
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:HB 06-1286
TIME: 08:46:55 PM
MOVED:Schultheis
MOTION:Refer House Bill 06-1286 as amended to the Committee on Appropriations with a favorable recommendation. The motion failed on a 5-5 roll vote.
SECONDED:Cadman
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
Excused
Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE

08:50 PM -- House Bill 06-1290

Representative Schultheis presented a second overview of House Bill 06-1290. A discussion ensued regarding the status of the basic employment verification pilot program. The committee discussed a report to the United States Congress regarding the pilot program (Attachment N). The committee then discussed the fining of employers that don't apply for participation in the pilot program, as well as the overall cost of the program.


09:04 PM

Representative Schultheis moved prepared amendment L.002 (Attachment O) and explained the amendment.
BILL:HB 06-1290
TIME: 09:04:59 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.002 (Attachment O). The motion passed without objection.
SECONDED:Weissmann
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:HB 06-1290
TIME: 09:05:30 PM
MOVED:Schultheis
MOTION:Refer House Bill 06-1290 to the Committee on Finance. 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
BILL:HB 06-1290
TIME: 09:06:35 PM
MOVED:Carroll T.
MOTION:Moved to Postpone Indefinitely House Bill 06-1290. The motion passed on a 6-5 roll call 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

09:07 PM -- House Bill 06-1101
BILL:HB 06-1101
TIME: 09:07:46 PM
MOVED:Crane
MOTION:Moved to Postpone Indefinitely House Bill 06-1101. The motion passed on an 11-0 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
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:10 PM -- House Bill 06-1343

Representative Crane explained House Bill 06-1343. Representative Crane expressed his willingness to work with committee members to amend the bill, and referenced in particular the removal of a provision establishing a tipline by the Department of Labor and Employment. A discussion ensued regarding the stage at which the bill will be revisited in the future. Representative Weissmann removed the bill from the table, pending action during a future committee meeting.

09:16 PM

The committee adjourned.













03:32 PM -- General Public Testimony

The following people provided general public testimony:

03:33 PM -- Twanna Latrice Hill, representing the Colorado Coalition Against Domestic Violence, testified in opposition to House Bills 06-1134 and 06-1131. Ms. Hill explained that passage of these bills may cause illegal immigrant victims of domestic violence to not report the crimes committed against them. Ms. Hill cited specific federal and state domestic violence laws that would be undermined by passage of these bills. In response to committee questions, Ms. Hill clarified her reasons for opposing House Bill 06-1131.

03:41 PM -- Mr. Emzy Veazy III, testified in favor of the bills seeking to stiffen illegal immigration penalties.

03:44 PM -- Mr. Brian Wareing, representing himself, testified in favor of the bills before the committee. Mr. Wareing discussed the general economic, social, and legal impact of illegal immigration on the United States and Central American countries.

03:50 PM -- Mr. John H. Patterson, representing the Colorado Association of Chiefs of Police, explained his organization's position on immigration enforcement. Committee members were provided with a position paper detailing this position (Attachment R). Mr. Patterson explained that the association isn't taking a position on illegal immigration itself, but rather the impact of certain bills on the practicality of policing. Mr. Patterson clarified that the association specifically objects to House Bills 06-1101, 06-1131, and 06-1134. A discussion ensued regarding the proper law enforcement body for enforcing immigration laws and resources available to enforce these laws. Mr. Patterson responded to questions regarding his preferred prescriptions for dealing with illegal immigration issues and the outlook for addressing the issues in the future.

04:05 PM -- Mr. Tom Kowal, representing Coloradans for Immigrant Rights, testified in opposition to the bills before the committee. Mr. Kowal explained that the United States immigration and work visa system should be overhauled comprehensively, an effort to which the bills would not contribute. Mr. Kowal provided some historic background regarding immigration in the United States, and discussed the relationship between trade, economics, and immigration.

04:13 PM -- Mr. Glen Colton, representing Northern Coloradans for Immigration Reduction, testified in favor of the bills before the committee. Mr. Colton discussed the negative impacts of increased immigration. Mr. Colton specifically approved of bills seeking to punish employers for employing illegal immigrants.

04:21 PM -- Ms. Kathleen Hazouri, representing the American Civil Liberties Union (ACLU) Colorado Chapter, testified regarding the bills before the committee. Ms. Hazouri testified in opposition to House Bill 06-1062, stating that children in the United States are entitled to a public education. Ms. Hazouri then testified in opposition to a number of other bills before the committee on the grounds that they contribute to racial and ethnic profiling by government entities, and detailed various breaches in civil liberties protections that would occur with passage of the bills. She discussed House Bill 06-1343, which she said would allow someone to report, through a "tip line," an employer who may be employing undocumented immigrants and said that this type of provision is opposed by the ACLU. She responded to questions regarding what she believed to be the constitutional issues pertinent to the House Bill 06-1343. Ms. Hazouri then responded to questions regarding solutions that the ACLU might support, and explained that the states have limited powers with regard to immigration law.

04:38 PM -- Perry Lorenz, representing himself, testified in support of the bills before the committee. He stated that the bills have the potential to reduce illegal immigration and expressed his support for the interests of the American people and the country's heritage.

04:40 PM -- Fred Elbel, representing Defend Colorado Now, testified in support of the bills before the committee. He discussed the potential impact of immigration-driven population increases in Colorado and the United States. He expressed concern about the cost of illegal immigration and referenced a document he had distributed containing demographic data and an article regarding narcotics trafficking through Denver (Attachment S).

04:44 PM -- Mr. James Swanson, representing himself, testified in support of the bills before the committee. Mr. Swanson specifically supported House Bills 06-1286 and 06-1290.

04:46 PM -- Ms. Tamika Payne, representing Colorado Coalition Against Sexual Assault, testified in opposition to the bills before the committee. Ms. Payne specifically cited House Bills 06-1131 and 06-1134. Ms. Payne explained that the bills will inhibit the reporting of sexual assault by illegal immigrants and contribute to ethnic and racial profiling. Ms. Payne also explained that House Bill 06-1134 will be detrimental to the cause of cutting down on sex slave trafficking.

04:52 PM -- Ms. Wanda Weatherford, representing the Minutemen, testified in favor of the bills before the committee, and expressed her frustration at the lack of action by various levels of government to address immigration issues.

04:53 PM -- Mr. Lee Clendenin, representing "all taxpayers in USA", testified in opposition to the bills before the committee. Mr. Clendenin explained the circumstances that brought him to the United States and his attempts to establish citizenship.

05:03 PM -- Ms. Adrienne Benavidez, representing the Colorado Hispanic Bar Association and the Color of Justice, testified in opposition to the bills before the committee. Ms. Benavidez asserted that immigration issues should be addressed comprehensively at the federal level. Ms. Benavidez detailed, bill by bill, the various violations of existing law and detrimental outcomes that would occur if the bills were to pass. Ms. Benavidez also cited federal laws that preempt the law seeking to be effected in certain bills.

05:28 PM -- Ms. Donna Lipinski, representing herself, testified in opposition to the bills before the committee, and suggested that leaders work within the framework of existing law to come to solutions regarding immigration.

05:30 PM -- Mr. Chuck Saxton, representing himself, testified regarding the bills before the committee. Mr. Saxton discussed the economic and social impact of immigration on Colorado and the nation.

05:34 PM -- Mr. Robert Copley, representing Colorado Minutemen, testified in favor of the bills before the committee. Mr. Copley discussed the need for Colorado to take action with regard to illegal immigration in the absence of action at the federal level.

05:37 PM -- Mr. Philip Sekon, representing himself, testified in favor of the bills before the committee. Mr. Sekon explained the process by which he became a United States citizen, and stressed the need to enforce the country's laws.

05:39 PM -- Mr. William Perry, representing himself, testified in favor of the bills before the committee, with the exception of House Bill 06-1082. Mr. Perry expressed his fears and concerns associated with illegal immigration.

05:42 PM -- Mr. Harold Lasso, representing Centro Humanitario, testified in opposition to the bills before the committee. Mr. Lasso discussed the impact of immigration on public health, crime, traffic accidents, and education. Mr. Lasso next discussed changes in the labor market which result in a large pool of temporary workers. Mr. Lasso then explained changes in immigration law at the federal level under past presidential administrations and the impact of those changes.

05:52 PM -- Mr. James Johnson, representing himself, testified in opposition to the bills before the committee. Mr. Johnson discussed the nexus between law and justice, and the ability of the bills before the committee to stem illegal immigration. Mr. Johnson took specific exception to House Bill 06-1062. Mr. Johnson quoted from a book authored by Mr. Frosty Wooldridge, who testified previously, and expressed his objections to these passages. Mr. Johnson proposed comprehensive immigration reform as a solution to current problems. Mr. Johnson responded to a question regarding his efforts regarding immigration reform at the federal level.

06:09 PM -- Mr. Rich Jones, representing the Bell Policy Center, testified in opposition to the bills before the committee. Mr. Jones referenced two handouts regarding House Bill 06-1062 (Attachments T and U), copies of which were distributed to the committee. Mr. Jones expressed the need to address immigration issues comprehensively at the federal level. Mr. Jones then discussed the center's objections to specific bills, and concurred with some earlier witness comments pertaining to these bills. Mr. Jones clarified that the Bell Policy Center would support House Bill 06-1343 if some changes were made to the bill. Mr. Jones then explained the Plyler vs. Doe United States Supreme Court decision, which guarantees the right of school-age children to an education in the United States regardless of citizenship status. Mr. Jones agreed to provide the community with clarification regarding information provided in Attachment at a future time.

06:17 PM -- Ms. Joy Athanasiou, an immigration attorney representing herself, testified in opposition to the bills before the committee. Ms. Athanasiou explained that problems addressed in certain bills require action at the federal level. She then explained the potential impact of House Bill 06-1082 on businesses, and objected to House Bill 06-1134 on the grounds that law enforcement personnel could detain persons in the country legally under the bill, causing those detained to experience economic burdens. Ms. Athanasiou discussed what she viewed as factual flaws in the legislative declaration of House Bill 06-1286. Ms. Athanasiou closed her testimony by reiterating the need to address immigration issues at the federal level.


06:30 PM

The committee recessed.