Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:03/08/2006
ATTENDANCE
Time:01:34 PM to 03:31 PM
Fitz-Gerald
X
Johnson
*
Place:SCR 353
Lamborn
E
May R.
X
This Meeting was called to order by
Windels
X
Senator Tupa
Groff
X
Tupa
X
This Report was prepared by
Leslie Herod
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1198
HB06-1073
SB06-191
SCR06-003
HB06-1191
HB06-1195
SCR06-001		Referred to the Committee of the Whole
Laid Over
Postponed Indefinitely
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Appropriations

01:34 PM -- Call to Order

Senator Tupa, chairman, called the committee to order.

01:35 PM -- House Bill 06-1198

Senator Hanna, prime sponsor, reviewed the provisions of House Bill 06-1198, concerning provisional ballots cast by electors in a county other than their county of residence.

01:36 PM -- Sherry Wofford, representing the Secretary of State's Office, testified in support of the bill. She reviewed the bill and responded to questions from the committee.

01:40 PM -- Carol Snyder, representing the Colorado County Clerks' Association, testified in support of the bill. She spoke to provisional ballots that are cast within the wrong county.


01:45 PM -- Jenny Flanagan, representing Colorado Common Cause, testified in opposition to the bill. She testified to the importance of having every vote counted.
BILL:HB06-1198
TIME: 01:48:21 PM
MOVED:Tupa
MOTION:Moved to refer House Bill 06-1198 to the Committee of the Whole. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:49 PM -- House Bill 06-1073

Senator Hanna, prime sponsor, reviewed the provisions of House Bill 06-1073, concerning the repeal of the requirement that a luxury limousine have certain features, and in connection therewith, repealing the requirement that a luxury limousine have a television, a telephone and beverages. Senator Hanna requested the committee postpone the bill indefinitely. The committee discussed the decision and decided to lay the bill over.

01:54 PM -- Senate Bill 06-191

Senator Veiga, prime sponsor, reviewed the provisions of Senate Bill 06-191, concerning workers' compensation coverage for an independent contractor working as a driver with a common carrier or contract carrier. She distributed and reviewed amendment L.005 (Attachment A). A public hearing was held on this bill March 1, 2006. Senator Veiga responded to questions from the committee regarding occupational accident insurance. She clarified the law surrounding independent contractors and insurance. Senator Fitz-Gerald expressed concern about giving the carrier an opportunity to opt out of workers' compensation. Senator Windels expressed concern about the language in the bill.
BILL:SB06-191
TIME: 02:09:01 PM
MOVED:May R.
MOTION:Moved amendment L.005 (Attachment A). The motion failed on a 3-3 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
No
Groff
No
Tupa
Yes
Not Final YES: 3 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:SB06-191
TIME: 02:09:42 PM
MOVED:May R.
MOTION:Refer Senate Bill 06-191 to the Committee of the Whole. The motion failed on a 2-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
No
Groff
No
Tupa
No
Not Final YES: 2 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:SB06-191
TIME: 02:11:55 PM
MOVED:Fitz-Gerald
MOTION:Moved to postpone Senate Bill 06-191 indefinitely. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
No
Lamborn
Excused
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



02:13 PM Senate Concurrent Resolution 06-003

Pursuant to Senate Rule 18 (e), Senator Tupa moved to reconsider Senate Concurrent Resolution 06-003. This measure was perviously decided by the committee on March 6, 2006.
BILL:SCR06-003
TIME: 02:13:33 PM
MOVED:Tupa
MOTION:Moved to reconsider Senate Concurrent Resolution 06-003. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
No
Tupa
Yes
Not Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:SCR06-003
TIME: 02:14:31 PM
MOVED:Tupa
MOTION:Moved to refer Senate Concurrent Resolution 06-003 to the Committee of the Whole. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
No
Tupa
Yes
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:15 PM -- House Bill 06-1191

Senator Keller, prime sponsor, reviewed the provisions of House Bill 06-1191, concerning a mandatory recount in an election in which more than one candidate is to be elected. Senator Johnson asked about the number of recounts this legislation could trigger. Senator Keller said this provision clarifies the recount requirements, and stated that she does not know if it would initiate more recounts.

02:20 PM -- Sherry Wofford, representing the Secretary of State's Office, testified in support of this bill. She offered to answer any questions the committee might have.

02:22 PM -- Carol Snyder, representing the Colorado County Clerks' Association, testified in support of the bill. She responded to questions from the committee regarding payment for recounts. She testified that this measure only covers mandatory recounts. Senator Johnson asked about the cost of recounts.
BILL:HB06-1191
TIME: 02:31:15 PM
MOVED:Fitz-Gerald
MOTION:Moved to refer House Bill 06-1191 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:32 PM -- House Bill 06-1195

Senator Traylor, prime sponsor, reviewed the provisions of House Bill 06-1195, concerning the length of suspension from work for state-employed supervisors who fail to annually evaluate subordinate employees in the state personnel system. Senator Fitz-Gerald expressed her concerns about the bill. Senator Johnson asked about the federal requirements regarding state employees and expressed concerns around this requirement.

02:40 PM -- Joi Simpson, representing the Colorado Department of Personnel and Administration, came to the table for questions only. She clarified the intent of the bill. Senator Fitz-Gerald asked how many supervisors this bill would affect, and further, how anyone knows that these reviews are done. The committee further expressed reporting concerns.


02:49 PM

Senator Traylor provided closing remarks on the bill.
BILL:HB06-1195
TIME: 02:49:42 PM
MOVED:Windels
MOTION:Moved to refer House Bill 06-1195 to the Committee of the Whole. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Excused
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:52 PM Senate Concurrent Resolution 06-001

Senator Evans, prime sponsor, reviewed the provisions of Senate Concurrent Resolution 06-001, concerning the submission to the register electors of the state of Colorado an amendment to Section 3.5 of Article X of the Constitution of the State of Colorado, concerning the extension of the existing property tax exemption for qualifying seniors to any United States military veteran who is one hundred percent permanently disabled due to a service-connected disability, and, in connection therewith, excluding payments made to compensate local governmental entities for property tax revenues lost as a result of the extension of the exemption from state fiscal year spending. Senator May expressed concern about the time period provisions of the bill. Senator Windels spoke to the intent of the homestead exemption and the debate on the floor surrounding the 10-year homestead requirement.

03:02 PM -- Charles Carter, representing the National Active and Retired Federal Employees Association and the Colorado Senior Lobby, testified in support of the bill. He spoke to the contribution of federal retirees to the state.

03:07 PM -- Arthur Guerrero, representing the United Veterans Committee, testified in support of the resolution. He spoke to the 100 percent disability requirement, and the cost of making a home accessible. He testified that 27 other states have this type of measure.

03:14 PM -- Wayne Thompson, representing the Veterans of Foreign Wars, testified in support of the resolution.

3:15 PM -- Andrew Grieb, representing the Disabled Veterans of America, testified in support of the resolution. He spoke to the hardships placed on disabled veterans.

03:16 PM -- Marvin Myers, representing the United Veterans Committee of Colorado, testified in support of the resolution.


03:19 PM

Senator Windels asked about the exemptions that are currently in statute. Josh Harwood, Legislative Council Staff, responded to questions from the committee. He testified that this measure would not alter exemptions currently in statute. Senator Groff asked how this resolution would be funded.
BILL:SCR06-001
TIME: 03:25:04 PM
MOVED:May R.
MOTION:Moved amendment L.001 (Attachment B). The motion passed without objection
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
Excused
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SCR06-001
TIME: 03:27:52 PM
MOVED:Tupa
MOTION:Moved amendment L.002 (Attachment C). The motion passed on a 3-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
No
Lamborn
Excused
May R.
No
Windels
Yes
Groff
Excused
Tupa
Yes
Not Final YES: 3 NO: 2 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:SCR06-001
TIME: 03:30:40 PM
MOVED:May R.
MOTION:Moved to refer Senate Concurrent Resolution 06-001 to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:31 PM

The committee recessed.