Date: 04/04/2006

Final
BILL SUMMARY for SB06-090

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved an amendment to prepared amendment L.010, pa
Moved prepared amendment L.008 (Attachment B). Th
Moved prepared amendment L.009 (Attachment C). Th
Moved prepared amendment L.010 (Attachment D), as
Moved to refer Senate Bill 06-090, as amended, to 		Pass Without Objection
Pass Without Objection
PASS
PASS
PASS



01:55 PM -- Senate Bill 06-090

Representative Harvey, prime sponsor, presented an overview of Senate Bill 06-090, concerning local government cooperation with federal officials regarding the immigration status of persons in this state. Representative Harvey explained a sanctuary resolution passed by Durango's City Council and an executive order issued for the City of Denver by former Mayor Wellington Webb. A discussion ensued regarding mandates on local governments by the state. Representative Harvey explained how the provisions of the bill would be enforced and the process by which the federal Immigration and Customs Enforcement Office would be notified. A discussion followed regarding how law enforcement officers would determine the residency status of a detainee under the bill. Representative Harvey then discussed prepared amendment L.008 (Attachment B), regarding determining the residency status of persons arrested and held in a detention facility.


02:10 PM

Discussion returned to the executive order issued for the City of Denver, and the need to override the order by passage of the bill. The discussion then turned to the impact of the bill on municipal governments. Representative Harvey clarified the impact of the bill on persons being processed by the corrections system. In response to earlier discussion of Denver's executive order, Representative Schultheis listed a number of recent newspaper articles that detailed the activities of illegal aliens in the city. Representative Harvey responded to questions regarding how illegal aliens are currently handled by law enforcement officers.


02:25 PM

The following people testified regarding Senate Bill 06-090:


02:25 PM -- Mr. Chris Olson, representing the Colorado Association of Chiefs of Police, testified regarding the bill. Mr. Olson explained that his organization was previously opposed to the bill, but is now taking a neutral stand due to the passage of amendments in the Senate. Mr. Olson discussed the enforcement of the provisions of the bill, and how the immigration status of detainees is currently determined. Discussion ensued regarding enforcement of immigration laws at the local level in Colorado, and the policy position of law enforcement on immigration issues. Mr. Olson responded to a question regarding an amendment passed in the Senate establishing a standard of reasonableness when determining the immigration status of a detainee. Mr. Olson next responded to questions regarding the burden placed on law enforcement by the notification requirements of Senate Bill 06-090, and the process by which a detainee's residency status would be determined under the bill. Mr. Olson explained the record-keeping procedures employed by local law enforcement with regard to immigration.


02:41 PM -- Ms. Twanna Hill, representing the Colorado Coalition Against Domestic Violence, testified in favor of Senate Bill 06-090. Ms. Hill explained her organization's conditional support of the bill based on a forthcoming amendment regarding domestic violence. Discussion ensued regarding this amendment, prepared amendment L.009 (Attachment C), and the potential for misuse of this provision by domestic abusers were it to be passed. Ms. Hill responded to questions regarding the dual arrest rate for domestic violence in Colorado. Discussion followed regarding the impact of the bill on due process.


02:57 PM -- Mr. George Epp, representing County Sheriffs of Colorado, testified regarding the bill. Mr. Epp provided background regarding the change in interaction between local law enforcement and federal immigration officials over the years. Mr. Epp then commented on the methods used by law enforcement to determine the residency status of those arrested, and discussed immigration-related reporting to federal officials performed by local law enforcement. Mr. Epp explained the process of notifying foreign countries that one of its nationals is in the country illegally, in accordance with international treaties. Mr. Epp responded to questions regarding the ability of law enforcement officers to issue citations to those with no domestic address. Mr. Epp then responded to a question regarding where arrestees subject to the provisions of the bill would be housed after arrest. The discussion returned to the subject of notifying a foreign country of the existence of a foreign national under international treaty. Mr. Epp suggested placing a sunset on the reporting requirement contained in Senate Bill 06-090, and explained his reason for preferring such a clause.


03:19 PM

Representative Harvey explained prepared amendment L.008 (Attachment B).

BILL:SB06-090
TIME: 03:20:59 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.008 (Attachment B). The motion passed without objection.
SECONDED:Liston
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 T. Carroll explained prepared amendment L.009. A discussion ensued regarding the level of reporting of domestic violence to law enforcement. The committee then discussed the effect of domestic violence and the importance of the amendment to the passage of the bill.
BILL:SB06-090
TIME: 03:21:28 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.009 (Attachment C). The motion passed on a 9-2 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


Representative T. Carroll discussed prepared amendment L.010 (Attachment D), which sunsets a portion of the bill. Representative Harvey expressed his opposition to the amendment. Representative T. Carroll suggested moving back the sunset date through a conceptual amendment.
BILL:SB06-090
TIME: 03:28:43 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.010 (Attachment D), as amended. The motion passed on a 6-5 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
No
Liston
Yes
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB06-090
TIME: 03:30:37 PM
MOVED:Carroll T.
MOTION:Moved an amendment to prepared amendment L.010, page 1, line 2, strike "2009."." and substitute "2011.".". The motion passed without objection.
SECONDED:Liston
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



03:33 PM

Representative Harvey provided closing comments in favor of SB 06-090.


BILL:SB06-090
TIME: 03:33:43 PM
MOVED:Crane
MOTION:Moved to refer Senate Bill 06-090, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 6-5 roll call vote.
SECONDED:Lundberg
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
No
Weissmann
No
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




03:34 PM

The committee adjourned.