House Committee on State, Veterans, & Military Affairs (02/28/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/28/2006	ATTENDANCE

Time:	01:35 PM to 05:57 PM	Cadman	X
		Carroll T.	X
Place:	HCR 0107	Coleman	X
		Crane	X
This Meeting was called to order by		Gallegos	X
	Representative Weissmann	Liston	*
		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:
HB06-1343 SB06-062 SB06-033 SB06-057		Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:36 PM -- House Bill 06-1343

Representative Crane, prime sponsor, presented 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. Representative Weissmann pointed out that public testimony for the bill had been taken at a previous committee meeting.

Representative Crane moved and explained prepared amendment L.002 (Attachment A). Representative Crane responded to questions regarding the fiscal impact of the bill. The committee then discussed the removal of a call-in tipline provision in the bill by the amendment.


BILL:	House Bill 06-1343
TIME:	01:37:59 PM
MOVED:	Crane
MOTION:	Moved prepared amendment L.002 (Attachment A). The motion passed on a 7-4 roll call vote.
SECONDED:	Weissmann
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

Representative Crane moved and explained prepared amendment L.003 (Attachment B). A discussion ensured regarding the fiscal impact of the bill in light of the new amendments. Further discussions ensured regarding the sanctions left in the bill if these amendments were to pass. The committee then discussed the potential for inserting a future repeal date in the bill.


BILL:	House Bill 06-1343
TIME:	01:42:15 PM
MOVED:	Crane
MOTION:	Moved prepared amendment L.003 (Attachment B). The motion passed on a 7-4 roll call vote.
SECONDED:	Carroll T.
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

Representative Schultheis moved and explained prepared amendment L.004 (Attachment C). The committee discussed the level of sanctions contained in House Bill 06-1343 in light of amendments previously passed. Further discussion followed regarding an employee authorization system required by the amendment.


BILL:	House Bill 06-1343
TIME:	01:56:06 PM
MOVED:	Schultheis
MOTION:	Moved prepared amendment L.004 (Attachment C). 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

01:58 PM

Representative Crane provided closing comments in favor of House Bill 06-1343. Discussion returned to the level of sanctions remaining in the bill after passage of amendments, and included conversation regarding the overall efficiency of the bill. Further discussion ensued regarding methods to determine whether a person is in the United States illegally and the effectiveness of the bill's provision in policing the hiring of illegal immigrants by contractors.


BILL:	House Bill 06-1343
TIME:	02:05:59 PM
MOVED:	Crane
MOTION:	Refer House Bill 06-1343, as amended, to the Committee on Appropriations. The motion passed on a 7-4 roll call vote.
SECONDED:	Coleman
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM -- Senate Bill 06-062

Representative McKinley, prime sponsor, presented a brief overview of Senate Bill 06-062, concerning electronic voting by certain electors who are absent from the state on election day.

02:09 PM

The following people testified regarding Senate Bill 06-062:

02:09 PM -- Dr. Charles Corry, representing the Equal Justice Foundation and Citizens for an Accurate Mail Ballot Election Results (CAMBER), testified in opposition to Senate Bill 06-062. Dr. Corry referenced a handout expressing his objection to the bill (Attachment D) and a newspaper editorial expressing reservations with internet voting systems (Attachment E). Dr. Corry provided some background on a previous attempt to make internet voting available to overseas armed forces members and explained the shortfalls and vulnerabilities of electronic voting. Dr. Corry also explained the difficulties involved in creating a secure voting system to meet the bill's goal and questioned the need for the bill. Dr. Corry responded to questions retarding amendments added to the bill in the Senate.

02:17 PM -- Ms. Margit Johansson, representing Coloradans for Voting Integrity, testified in opposition to the bill. Ms. Johansson referenced a handout expressing her objection to Senate Bill 06-062 (Attachment F). Ms. Johansson quoted at length from the document.

02:23 PM -- Mr. Jeff Knetsch, representing the American Civil Liberties Union of Colorado (ACLU), testified in opposition to Senate Bill 06-062, and opposed in particular an amendment to the bill passed in the Senate that includes overseas missionaries in electronic voting processes created by the bill. Mr. Knetsch responded to questions regarding the reasons for the ACLU's opposition to the amendment and the ACLU's position regarding the inclusion of additional classes of people in the procedures enacted by the bill. Representative McKinley clarified missionary practices as they pertain to the bill.

02:31 PM -- Ms. Jenny Flanagan, representing Colorado Common Cause, testified regarding the bill. Ms. Flanagan stated that her organization's position on the bill is neutral. Ms. Flanagan discussed the security of electronic voting and Common Causes's position regarding the inclusion of other classes of people in the processes created by the bill.

02:34 PM -- Mr. Bill Compton, representing the Secretary of State, testified in favor of House Bill 06-062. Mr. Compton discussed the security of electronic voting and the logistical realities of members of the military serving overseas. Mr. Compton explained the process by which the Secretary of State arrived at the introduction of the bill as a solution to enfranchising overseas military service members. Representative McKinley and Mr. Compton clarified the process by which the electronic voting process created by the bill maintains vote confidentiality. Mr. Compton responded to questions regarding the confirmation that an overseas voter must employ the use of voting procedures mandated by the bill and methods to be used to guard against the duplication of votes.

02:41 PM

Representative Weissmann moved and explained prepared amendment L.005 (Attachment G).


BILL:	Senate Bill 06-062
TIME:	02:41:21 PM
MOVED:	Weissmann
MOTION:	Moved prepared amendment L.005 (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

Representative Carroll T. moved and explained a conceptual amendment. Mr. Compton responded to questions regarding the Secretary of State's position on the expansion of the bill's electronic voting process to include additional classes of people.


BILL:	Senate Bill 06-062
TIME:	02:42:44 PM
MOVED:	Carroll T.
MOTION:	Moved a conceptual amendment, amend reengrossed bill, page 3, line 23, strike "missionary service" and insert "charitable or nongovernmental organization". Representative Lundberg moved a substitute amendment (the following vote box) which passed.
SECONDED:	Ragsdale
		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 Lundberg moved a substitute conceptual amendment to Representative Carroll T.'s conceptual amendment. The committee briefly discussed the impact of the substitute amendment.


BILL:	Senate Bill 06-062
TIME:	02:47:11 PM
MOVED:	Lundberg
MOTION:	Moved a substitute conceptual amendment to Representative Carroll T.'s conceptual amendment, amend reengrossed bill, page 3, line 23, strike "service" and substitute "service, or any charitable or nongovernmental organization,". 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 moved to strike the safety clause from the bill.


BILL:	Senate Bill 06-062
TIME:	02:47:56 PM
MOVED:	Schultheis
MOTION:	Moved to strike the safety clause from the bill and substitute the standard 90-day referendum language. 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:	Senate Bill 06-062
TIME:	02:48:16 PM
MOVED:	Coleman
MOTION:	Refer Senate Bill 06-062, as amended, to the Committee of the Whole with favorable recommendation. 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

05:15 PM -- Senate Bill 06-033

Representative Coleman, prime sponsor, presented an overview of Senate Bill 06-033, concerning the elimination of obsolete statutory language.

05:18 PM -- Mr. Steve Durham, representing the Distilled Spirits Council of the United States, testified in favor of a forthcoming amendment to Senate Bill 06-033 seeking to repeal certain laws, one of which prohibits the sale of liquor on certain days. Mr. Durham responded to questions regarding the public opinion of repealing such a law. A discussion ensued regarding the obsolecense of this law.

05:25 PM

Representative Weissmann introduced and explained amendment L.001 (Attachment H). Representative Coleman voiced her objection to the amendment. Representative Lundberg asked the chair to determine if amendment L.001 fit under the title of the bill. The chair ruled that it did fit under the rule. Discussion ensued regarding this ruling.


BILL:	Senate Bill 06-033
TIME:	05:27:19 PM
MOVED:	Weissmann
MOTION:	Moved prepared amendment L.001 (Attachment H). The motion failed on a 3-7-1 roll call vote.
SECONDED:	Carroll T.
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	No
	Lundberg	No
	Schultheis	No
	Todd	Excused
	Ragsdale	No
	Weissmann	Yes
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	Senate Bill 06-033
TIME:	05:29:53 PM
MOVED:	Coleman
MOTION:	Refer Senate Bill 06-033 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:	Gallegos
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Excused
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:31 -- Senate Bill 06-057

Representative Riesberg, prime sponsor, provided an overview of Senate Bill 06-057, concerning creation of the missing senior citizen alert program. Representative Riesberg discussed action taken on the bill in the Senate and a forthcoming amendment to rectify a technical problem in the bill. Representative Riesberg responded to questions regarding the implementation of the amber alert program created by the bill and the age benchmark in the bill. Representative Riesberg deferred an additional question, suggesting that it would be addressed during witness testimony.

05:40 PM

The following people testified regarding Senate Bill 06-057:

05:41 PM -- Ms. Linda Mitchell, representing the Alzheimer's Association, testified in favor of Senate Bill 06-057. Ms. Mitchell explained the implementation of the amber alert system created by the bill and discussed the type of situation for which it would be used.

05:45 PM -- Mr. Brian Grandy, representing the Colorado Broadcasters Association, testified in favor of the bill. Mr. Grandy explained the reason for the association's support for the bill, and further testified in support of a forthcoming amendment. Mr. Grandy clarified how the Emergency Broadcast System operates and responded to a question regarding the potential overuse of the amber alert system.

05:49 PM -- Ms. Peg Ackerman, representing the County Sheriff's of Colorado, testified in favor of Senate Bill 06-057. Ms. Ackerman provided further clarification regarding the potential overuse of the system. Ms. Ackerman explained law enforcement's current practice when a senior citizen is determined to be missing.

05:52 PM -- Mr. Pete Mang, Colorado Bureau of Investigation, made himself available to answer committee questions.

05:52 PM

Representative Riesberg explained prepared amendment L.003 (Attachment I).


BILL:	Senate Bill 06-057
TIME:	05:53:00 PM
MOVED:	Weissmann
MOTION:	Moved prepared amendment L.003 (Attachment I). 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

The committee discussed a potential amendment for second reading.


BILL:	Senate Bill 06-057
TIME:	05:55:40 PM
MOVED:	Ragsdale
MOTION:	Refer Senate Bill 06-057, as amended, to the Committee of the Whole with favorable recommendation. The motion passed n a 9-0-2 roll call vote.
SECONDED:	Coleman
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Excused
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Excused
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:56 PM

Representative Weissmann laid over Senate Bill 06-079. The committee adjourned.