Senate Committee on State, Veterans & Military Affairs (05/03/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:	05/03/2006	ATTENDANCE

Time:	01:35 PM to 07:19 PM	Fitz-Gerald	X
		Johnson	X
Place:	SCR 356	Lamborn	X
		May R.	X
This Meeting was called to order by		Windels	X
	Senator Tupa	Groff	*
		Tupa	X
This Report was prepared by
	Leslie Herod
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 06-Secretary of State HB06-1405 HB06-1359 HB06-1411 HB06-1013 HB06-1382 HB06-1397 HB06-1395 SCR06-006 HB06-1402		Favorably Refer to the Full Senate Referred to Appropriations Postponed Indefinitely Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Laid Over Amended, Referred to Appropriations Amended, Referred to Appropriations Postponed Indefinitely Postponed Indefinitely

01:36 PM

Senator Tupa, chairman, called the committee to order.

01:37 PM -- Confirmation of the Secretary of State

Gigi Dennis came to the table pursuant to the confirmation hearing for Secretary of State. The committee discussed concerns with Colorado's implementation of the Help America Vote Act (HAVA). Ms. Dennis responded to the committee's concerns, and indicated that the system will not be fully integrated by the November elections. She further discussed her goals for the restructuring of the Secretary of State's Office Elections and HAVA divisions.
01:53 PM -- John Gardner, Secretary of State's Office, came to the table to answer questions from the committee regarding the certification of voting machines.

01:55 PM

Senator Fitz-Gerald asked Ms. Dennis to explain her philosophy on when it is appropriate for the Secretary of State to intervene in election disputes. Senator Fitz-Gerald asked if Ms. Dennis would take precedent in consideration when ruling on a dispute.

02:02 PM

Ms. Dennis reviewed the structure of the SCORE project.

02:05 PM

Senator May spoke to the progress in Secretary of State's Office since Ms. Dennis' appointment by the Governor.


BILL:	Conf 06-Secretary of State
TIME:	02:10:45 PM
MOVED:	Lamborn
MOTION:	Moved to favorably refer Gigi Dennis as Secretary of State to the full Senate. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Yes
	Lamborn	Yes
	May R.	Yes
	Windels	Yes
	Groff	Yes
	Tupa	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:11 PM -- House Bill 06-1405


BILL:	HB06-1405
TIME:	02:11:56 PM
MOVED:	Tupa
MOTION:	Moved to refer House Bill 06-1405 to the Committee on Appropriations. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Yes
	Lamborn	Yes
	May R.	Yes
	Windels	Yes
	Groff	Yes
	Tupa	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:12 PM -- House Bill 06-1359

Senator Johnson reviewed the provisions of House Bill 06-1359, concerning the Colorado False Claims Act. Witness testimony on this measure was heard on May 1, 2006. The committee discussed possible funding for this measure.


BILL:	HB06-1359
TIME:	02:19:36 PM
MOVED:	Johnson
MOTION:	Refer House Bill 06-1359 to the Committee on Appropriations. The motion failed on a 2-5 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	No
	Johnson	Yes
	Lamborn	Yes
	May R.	No
	Windels	No
	Groff	No
	Tupa	No
Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1359
TIME:	02:19:44 PM
MOVED:	Groff
MOTION:	Moved to postpone House Bill 06-1359 indefinitely. The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	No
	Lamborn	No
	May R.	Yes
	Windels	Yes
	Groff	Yes
	Tupa	Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:19 PM -- House Bill 06-1411

Senator Tochtrop, prime sponsor, reviewed the provisions of House Bill 06-1411, concerning eminent domain. Senator Tochtrop indicated that this bill is for the protection of citizen's property rights. Senator Groff asked the sponsor to explain how this bill addresses blight.

02:29 PM -- Erin Goff, representing Colorado Municipal League testified against the bill. She testified that the bill is unnecessary.

02:32 PM -- Bob Hoban, representing John Malone, testified in support of the bill. He spoke to the additional protections the bill would provide land and property owners in Colorado.

02:39 PM

Senator Tochtrop, provided closing comments on the bill.


BILL:	HB06-1411
TIME:	02:39:56 PM
MOVED:	Groff
MOTION:	Moved amendment L.007 (Attachment A). The motion was withdrawn.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:47 PM


BILL:	HB06-1411
TIME:	02:55:51 PM
MOVED:	Tupa
MOTION:	Moved amendment L.008 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1411
TIME:	02:56:34 PM
MOVED:	Groff
MOTION:	Moved to refer House Bill 06-1411, as amended, to the Committee of the Whole. The motion passed on a 6-1 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Yes
	Lamborn	Yes
	May R.	No
	Windels	Yes
	Groff	Yes
	Tupa	Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:58 PM -- House Bill 06-1013

Senator Hagedorn, prime sponsor, reviewed the provisions of House Bill 06-1013, concerning assistance grants for elderly and disabled persons.


BILL:	HB06-1013
TIME:	03:01:52 PM
MOVED:	Fitz-Gerald
MOTION:	Moved to postpone House Bill 06-1013 indefinitely. The motion passed on a 5-0 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Excused
	Lamborn	Yes
	May R.	Yes
	Windels	Yes
	Groff	Excused
	Tupa	Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:06 PM -- House Bill 06-1382

Senator Shaffer, prime sponsor, reviewed the provisions of House Bill 06-1382 concerning the "Right to Rest in Peace Act."

03:17 PM -- Jo Scott, representing herself, testified in opposition to the bill. She spoke to the right to protest as a First Amendment right.

03:21 PM -- Ken Scott, representing himself, testified in opposition to the bill. He distributed a packet of documents to the committee. He spoke the freedom of speech as it relates to religious expression.

03:36 PM -- Cathy Hazouri, representing the ACLU, testified in opposition to the bill. She also spoke to the respect she feels should be accorded at funerals. She testified that the 100-feet limit has never been upheld by the constitution. Senator Fitz-Gerald asked about the right to "quiet enjoyment" in a lease agreement, and how this impacts free speech. Ms. Hazouri argued that this bill is not content neutral and therefore may be unconstitutional. Committee discussion ensued.

04:02 PM

Senator Groff asked how the House decided the 100-feet limit provision. Senator Shaffer reviewed other state's actions regarding this provision.

04:07 PM -- Miles Madorin, representing the Colorado District Attorney's Council, testified in support of the bill. He spoke to the provisions of the bill that he assisted in drafting (sections 1-7). He said the mourners, themselves, have a right to peaceful assembly.

04:17 PM -- Vivian Stowball, representing herself, testified in support of the bill.

04:21 PM

Senator Shaffer provided closing comments on his bill. He spoke to the constitutionality concerns brought up by witnesses. Senator Shaffer distributed amendment L.014 (Attachment D). Senator Groff asked how the bill's provisions compare legally to protests put on by the Ku Klux Klan.


BILL:	HB06-1382
TIME:	04:34:20 PM
MOVED:	May R.
MOTION:	Moved amendment L.014 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1382
TIME:	04:35:10 PM
MOVED:	Tupa
MOTION:	Moved to strike page 5, lines 24-27, and page 6, line 1. 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
Not Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1382
TIME:	04:40:25 PM
MOVED:	Windels
MOTION:	Moved to Strike Sections 7 and 8 in the bill. The motion failed on a 3-3 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	No
	Lamborn	Excused
	May R.	No
	Windels	Yes
	Groff	Yes
	Tupa	No
Not Final YES: 3 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1382
TIME:	04:43:28 PM
MOVED:	May R.
MOTION:	Moved to refer House Bill 06-1382, as amended, to the Committee of the Whole. 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
Final YES: 3 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: TIE

04:46 PM -- House Bill 06-1397

Senator Shaffer reviewed the provisions of House Bill 06-1397, concerning the creation of a statewide system of early childhood councils, and making an appropriation therefore.

04:49 PM -- Kathryn Hammerbeck, representing herself and Colorado Child Care Assistance, testified in opposition to the bill. She is opposed to any use of money that is taken from other programs.

04:53 PM -- Anne Keire, representing the Early Childhood Council, testified on the bill and distributed a document (Attachment D)

04:55 PM -- Sheila Avers, representing the United Way of Weld County, testified in support of the bill. She said this bill helps strengthen families.

04:58 PM -- Jennifer Landrum, representing the Colorado Children's Campaign, testified in support of the bill. She said that children in poverty need this measure in order to level the playing field.

05:00 PM -- Arn Menconi, representing Colorado Counties Inc. (CCI), testified in support of the bill.

05:01 PM -- Denver Council Woman Carol Boigon, representing CCI, testified in support of the bill.


BILL:	HB06-1397
TIME:	05:03:18 PM
MOVED:	Tupa
MOTION:	Moved amendment L.020 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1397
TIME:	05:04:09 PM
MOVED:	Windels
MOTION:	Moved amendment L.021 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1397
TIME:	05:04:43 PM
MOVED:	Tupa
MOTION:	Moved amendment L.022 (Attachment G ). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1397
TIME:	05:05:13 PM
MOVED:	Tupa
MOTION:	Moved amendment L.024 (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1397
TIME:	05:05:28 PM
MOVED:	Tupa
MOTION:	Moved amendment L.025 (Attachment I). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1397
TIME:	05:05:47 PM
MOVED:	Tupa
MOTION:	Moved to refer House Bill 06-1397, as amended, to the Committee on Appropriations. The motion passed on a 3-1 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Excused
	Lamborn	Excused
	May R.	No
	Windels	Yes
	Groff	Excused
	Tupa	Yes
Final YES: 3 NO: 1 EXC: 3 ABS: 0 FINAL ACTION: PASS

05:06 PM

The committee recessed.

06:08 PM

The committee reconvened.

06:08 PM -- House Bill 06-1395

Senator Keller, prime sponsor, reviewed the provisions of House Bill 06-1395, concerning residential child health care.

06:13 PM -- Pat Ratcliff, representing Colorado Counties Inc., testified in support of the bill. She testified that if the General Assembly does not move forward with the bill, Colorado will noncompliant with federal law.

06:14 PM -- George Kennedy, representing CCI, testified in support of the bill.

06:15 PM -- Julie Rodriguez, representing the Colorado Department of Human Services, testified in support of the bill.

06:16 PM -- Dr. Skip Barber, representing himself, testified in support of the bill.

06:16 PM -- Holly Stevenson, representing the Department of Health Care Policy and Financing, testified in support of the bill.

06:17 PM

Senator Keller, provided closing comments on the bill.


BILL:	HB06-1395
TIME:	06:18:59 PM
MOVED:	Windels
MOTION:	Moved amendment L.004 (Attachment J). The motion passed without objection.
SECONDED:
		VOTE
	Fitz-Gerald
	Johnson
	Lamborn
	May R.
	Windels
	Groff
	Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1395
TIME:	06:20:00 PM
MOVED:	Windels
MOTION:	Moved House Bill 06-1395, as amended, to the Committee on Appropriations. The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Yes
	Lamborn	Excused
	May R.	No
	Windels	Yes
	Groff	Yes
	Tupa	Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:28 PM

The committee discussed laying over the remainder of the bills, excluding SCR06-006, until Thursday or Friday. Senator Grossman indicated that he would like the full committee present before discussion of his bills.

06:30 PM

The committee recessed.

06:36 PM

The committee came back to order.

06:36 PM -- SCR06-006

Senator Tupa, prime sponsor, reviewed the provisions of SCR06-006, concerning a requirement that the General Assembly may ratify a proposed amendment to the United States Constitution only by a recorded vote, taken by ayes and noes, of two-thirds vote of all the members elected to each house. The committee discussed which measures should require a super-majority.

06:44 PM


BILL:	SCR06-006
TIME:	06:47:10 PM
MOVED:	Tupa
MOTION:	Refer SCR06-006, to the Committee of the Whole. The motion failed on a 2-4 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	No
	Johnson	No
	Lamborn	Excused
	May R.	No
	Windels	Yes
	Groff	No
	Tupa	Yes
Not Final YES: 2 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL

06:48 PM


BILL:	SCR06-006
TIME:	06:48:38 PM
MOVED:	Tupa
MOTION:	Moved to postpone Senate Concurrent Resolution 06-006 indefinitely. The motion passed on a 4-2 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Yes
	Lamborn	Excused
	May R.	Yes
	Windels	No
	Groff	Yes
	Tupa	No
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

06:49 PM -- House Bill 06-1402

Senator Grossman, prime sponsor, reviewed the provisions of House Bill 06-1402, concerning the securitization of a portion of the right of the state to receive tobacco litigation settlement payments in an amount that allows the state to continue to fund tobacco programs with unsecuritized payments at the levels specified under current law in order to reduce future state budget volatility by paying in full outstanding obligations of the state that would otherwise be paid over multiple fiscal years while providing initial funding for a new budget stabilization fund. Senator Groff asked if other states have implemented programs similar to this measure.

06:56 PM -- State Treasure Mike Coffman testified in support of the bill. He indicated that this measure should be a priority for the state. Further, he believes this measure creates fiscal stability for the state. Senator Windels asked how money would be taken out of this fund that does not have a mechanism to replenish funds. Senator Fitz-Gerald expressed concerns regarding the fiscal position this measure puts the state in.

07:09 PM -- Ed Con, representing the Colorado Center on Law and Policy, testified in opposition to the bill, and distributed a handout (Attachment K) . He spoke to the impact this measure would have on future programs including transportation, health care and education.

07:13 PM -- Janet Stevens, representing the Colorado Health and Hospital Association, testified in opposition to the bill. She spoke to the programs that would be impacted by this measure.


BILL:	HB06-1402
TIME:	07:18:05 PM
MOVED:	Groff
MOTION:	Move House Bill 06-1402 to the Committee of the Whole. The motion failed on a 1-5 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	No
	Johnson	No
	Lamborn	Excused
	May R.	No
	Windels	No
	Groff	Yes
	Tupa	No
Not Final YES: 1 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1402
TIME:	07:19:05 PM
MOVED:	Fitz-Gerald
MOTION:	Moved to postpone House Bill 06-1402 indefinitely. The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Fitz-Gerald	Yes
	Johnson	Yes
	Lamborn	Excused
	May R.	Yes
	Windels	Yes
	Groff	No
	Tupa	Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

07:19 PM

The committee laid the remainder of the bills on its calendar over until Friday, May 5, 2006. The committee recessed.