Senate Committee on Judiciary (03/01/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	03/01/2006	ATTENDANCE

Time:	01:38 PM to 06:09 PM	Bacon	X
		Dyer	X
Place:	SCR 356	Gordon	X
		Mitchell	*
This Meeting was called to order by		Traylor	*
	Senator Grossman	Shaffer	*
		Grossman	X
This Report was prepared by
	Jessika Shipley
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-146 SB06-090 SB06-110		Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

01:39 PM -- Senate Bill 06-146

Senator McElhany, prime sponsor, presented SB 06-146 concerning the requirement to provide proof of citizenship to register to vote. The bill requires a person who applies to register to vote to provide proof of citizenship. It allows proof of citizenship to be established by:

● a valid U.S. passport or photocopy thereof;
● the person's birth certificate or photocopy thereof;
● the person's U.S. naturalization documentation or photocopy thereof;
● the number of the applicant's certificate of naturalization, verified by the County Clerk and Recorder;
● any document or method of proof of citizenship established by federal immigration law; or
● the persons U.S. Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

The bill states that proof of voter registration from another state is not considered proof of citizenship for the purposes of this bill. It prohibits the County Clerk and Recorder from registering a person who applies to register to voteby completing a provisional ballot affidavit until the person provides proof of citizenship. The bill provides five exemptions to the proof of citizenship requirement.

01:41 PM -- Adrianne Benevides, Colorado Hispanic Bar Association, spoke in opposition to the bill. Ms. Benevides spoke about her concerns regarding the motivation for this bill. She talked about threats to the voting process and undermining of the Voting Rights Act and the National Voter Registration Act. She discussed the difficulties that could be faced by voters and registrars.

01:44 PM -- Dante James, African American Voter Information Project, spoke in opposition to the bill. Mr. James provided an article from the Los Angeles Times discussing an Arizona law requiring proof of citizenship (Attachment A). He discussed difficulties that could be faced by legal citizens who may have difficulty obtaining proof of citizenship. Mr. James responded to questions from the committee regarding incidences of voter fraud in Colorado.

01:50 PM -- Faith Gross, The Legal Center for People with Disabilities and Older People, spoke in opposition to the bill. Ms. Gross spoke about the voter registration and outreach efforts organized by her group and stated that the documentation requirements in this bill would be burdensome to people with disabilities and older people. Ms. Gross responded to questions from the committee regarding conflict in the bill with the Help America Vote Act.

01:53 PM -- Frosty Wooldridge, private citizen, spoke in support of the bill. Mr. Wooldridge spoke about voter fraud and corruption in states with a large number of illegal immigrants. He gave California as a specific example. He stated that this bill is necessary to protect lawful citizens of Colorado and the United States. Mr. Wooldridge remarked that you must inspect what you expect. He also stated that corruption is a mechanism by which third world nations operate. Mr. Wooldridge responded to questions from the committee regarding actual incidents of illegal voting and the addition of barriers to voting by legal citizens. There was a lengthy discussion regarding the ease of obtaining proof of citizenship.

02:06 PM -- Mark O'Brien, Coloradans for Immigrant Rights, spoke against the bill. Mr. O'Brien stated that he believes the bill to be prejudicial and punitive to vulnerable members of society. He remarked that the bill discourages voter participation. He provided statistics of low voter turnout and stated his belief that this bill would impede grassroots efforts and voter drives. Mr. O'Brien responded to questions from the committee regarding difficulties faced by veterans and homeless individuals in obtaining proof of citizenship.

02:17 PM -- Fred Elbel, Defend Colorado Now, spoke in support of the bill. Mr. Elbel pointed out that voting is a guaranteed right and privilege for U.S. citizens. He provided statistics about illegal immigration in Colorado. He discussed the importance of the Constitution and rule of law. He stressed the lack of patriotism in the comments of witnesses who testified against the bill. Mr. Elbel responded to questions from the committee regarding legal citizens who are effectively barred from voting by the requirement for proof of citizenship.

02:28 PM -- Glen Colton, private citizen, spoke in support of the bill. Mr. Colton spoke about the rights and responsibilities of citizens of the United States. He expressed his concern that only legal citizens should be allowed to vote and that the bill creates a very small barrier to voter registration. Citizens have a responsibility to tackle that barrier.

02:31 PM -- Jenny Flanagan, Colorado Common Cause, spoke in opposition to the bill. Ms. Flanagan stated that this bill will impact vulnerable members of society. She discussed the current laws regarding voter registration. She stated that there are sufficient protections in place to protect against voter fraud. Ms. Flanagan responded to questions from the committee regarding the burdensome nature of the proof of citizenship requirement. The committee had a lengthy discussion about the fundamental right to vote and whether any barrier to that right is appropriate.

02:46 PM -- Christine Watson, League of Women Voters of Colorado, spoke against the bill. Ms. Watson spoke about the need to encourage people to vote. She stated her belief that the right to vote is fundamental and should protected at all costs. She discussed voter registration drives and outreach programs that have reported incidences of eligible voters being turned away because they cannot meet requirements. She feels that further requirements will only exacerbate that problem.

02:50 PM -- Carol Snyder, Adams County Clerk and Recorder, spoke in opposition to the bill. Ms. Snyder stated that her opposition to the bill does not come from an unpatriotic place. She believes that there are several mechanical problems with the bill that will prevent the intent of the bill from being carried out. She stated the fact that there is at least one major election in every county in Colorado every year. Some counties have up to five elections in a given year. Ms. Snyder spoke about the issues of procrastination and late registration application. She explained the process undertaken by clerks and recorders in processing registration applications. She also discussed the issue of long-time registered voters who move to another county in Colorado. She stated a concern about the possibility of doctoring photocopies of official documents. Her final concern centered on voter registration drives and providing birth certificates to volunteers who are standing in front of a grocery store. Ms. Snyder responded to questions from the committee regarding actual incidences of voter fraud or registration fraud by illegal immigration.

03:17 PM

Senator McElhany stated that he would have appreciated knowing of the opposition of the clerks and recorders in advance of the hearing.

03:18 PM -- Catherine Hazouri, ACLU of Colorado, spoke in opposition to the bill. Ms. Hazouri stated her concern that one disenfranchised voter could be prevented from voting in an attempt to keep an undocumented individual from voting. She remarked that this bill is a solution in search of a problem. She restated the testimony of prior witnesses regarding barriers to voting. She also discussed the fact that the costs of obtaining proof of citizenship come very close to being a poll tax, something that has been ruled unconstitutional. The committee discussed the constitutionality of the bill.

03:33 PM -- Deb DeBoutez, Colorado Coalition for the Homeless, spoke in opposition to the bill. Ms. DeBoutez stated her concern about the unintended consequences of the bill. She spoke about difficulties faced by homeless individuals in obtaining a copy of their birth certificates. She provided a fact sheet on consequences of the bill (Attachment B).

03:36 PM

Senator McElhany wrapped up his presentation of the bill, stating that the registration process itself is a barrier to voting and that is acceptable to the citizens of Colorado. He believes that this is no different. The committee members each made comments on the bill. Senator Shaffer stated his concerns regarding the constitutionality of the bill. Senator Mitchell stated that it is unreasonable to seek the guidance of the Attorney General in situations where there are questions of unconstitutionality. He also stated that this bill does not create a government prohibition against voter registration by legal citizens. Senator Gordon expressed his concern that the requirements created by this bill are unduly burdensome to the poor and elderly citizens of Colorado. Senator Dyer stated that the requirements created by the bill are not unduly burdensome and are appropriate. Senator Grossman expressed his concerns that the requirements created by this bill pose a duplicative burden on those who are attempting to register to vote.


BILL:	SB06-146
TIME:	03:51:59 PM
MOVED:	Mitchell
MOTION:	Refer SB 06-146 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 3-4.
SECONDED:
		VOTE
	Bacon	No
	Dyer	Yes
	Gordon	No
	Mitchell	Yes
	Traylor	Yes
	Shaffer	No
	Grossman	No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB06-146
TIME:	03:52:45 PM
MOVED:	Shaffer
MOTION:	Moved to postpone Senate Bill 06-146 indefinitely. The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:57 PM -- Senate Bill 06-090

Senator Wiens, prime sponsor, presented Senate Bill 06-090 concerning local government cooperation with federal officials regarding the immigration status of persons in this state. The bill prohibits local governments from passing any ordinance or policy that would prohibit a police officer, local official, or local government employee from cooperating with federal officials with regard to the immigration status of a person within the state. It requires a police officer, local official, or local government employee who has probable cause to believe that a person is not legally present in the United States to report the person to the Federal Immigration and Customs Enforcement Office.

04:03 PM -- Glen Colton, private citizen, spoke in support of the bill. Mr. Colton spoke about the impact of mass immigration on Northern Colorado. He stated his strong opposition to creating sanctuaries for undocumented immigrants. He provided some statistics about undocumented immigrants in Colorado and the United States. Mr. Colton stated his belief that this bill would create a safer environment by empowering peace officers to take action against criminals who are illegal immigrants. He responded to some possible opposition talking points on the bill.

04:10 PM -- Tim Wunsch, private citizen, spoke in support of the bill. Mr. Wunsch reiterated the testimony of the prior witness.

04:12 PM -- Twanna LaTrice Hill, Colorado Coalition Against Domestic Violence, stated her concerns about the bill. Ms. LaTrice Hill discussed the fact that the fear of being reported to immigration officials often keeps domestic violence victims from seeking assistance from law enforcement. She also mentioned that witnesses to crimes could be afraid of coming forward for fear that they will be deported. Ms. LaTrice Hill discussed the issue of dual arrests in cases of domestic violence in response to questions from the committee.

04:20 PM -- Tom Linn, private citizen, spoke in support of the bill. Mr. Linn provided police department records to the committee to illustrate his testimony (Attachment C). He told the story of an automobile accident between Mrs. Linn and an undocumented immigrant. He asked the committee to use their authority to protect legal citizens.

04:27 PM -- Adrienne Benevides, Colorado Hispanic Bar Association, spoke in opposition to the bill. Ms. Benevides stated that this bill turns every government employee into a defacto agent for the Federal Immigration and Customs Enforcement Office. She pointed out that any city with a written sanctuary policy would be in violation of federal law. Ms. Benevides discussed the broken immigration system in the United States and how that has nothing to do with sanctuary policies. She provided an executive order from the mayor of Denver to illustrate the fact that Denver does not have a sanctuary policy (Attachment D).

04:31 PM -- Carrie Cortiglio, Health District of Northern Larimer County, spoke in opposition to the bill. Ms. Cortiglio stated her concern that this bill could inhibit a health district's ability to respond to public health outbreaks. She did state that she would support the bill with a potential amendment.

04:33 PM -- Heather Cloogan, Colorado Police Chiefs Association, took a neutral position on the bill. Chief Cloogan does support the language in prepared amendment L.003. She stated that the bill, as written, would potentially overwhelm police officers.

04:36 PM -- Dave Rupert, private citizen, spoke in support of the bill. Mr. Rupert discussed the problems of illegal immigration, including drug trafficking and health problems. He stated that not enforcing the law leads to anarchy and that is detrimental to legal citizens.

04:43 PM -- Mark O'Brien, Coloradans for Immigrant Rights, spoke in opposition to the bill. Mr. O'Brien sees this bill as unnecessary and prejudicial. He stated that sanctuary policies are a myth that causes harm. He admitted the existence of an immigration problem, but does not believe this bill does anything to solve that problem. Mr. O'Brien expressed concern that this bill would overwhelm police officers.

04:53 PM -- Frosty Wooldridge, private citizen, spoke in support of the bill. Mr. Wooldridge stated his belief that we must enlist our families and neighbors to assist in dealing with the illegal immigration problem. He further stated his belief that there are many official sanctuary policies. He discussed drug problems and health outbreaks. He provided statistics regarding disease outbreaks. Mr. Wooldridge spoke about criminal activities by undocumented immigrants. He addressed the myth of sanctuary policies. Mr. Wooldridge responded to committee questions regarding statistics he provided to the committee.

05:01 PM -- Harold Lesso, private citizen, spoke in opposition to the bill and provided the details of an automobile accident in which he was involved and in which the officers presumed he was an illegal alien. He provided details of his experience with the legal system. Mr. Lesso responded to points made by prior witnesses who are in favor of the bill. He spoke about the potential shortage of labor by 2010 when millions of Baby Boomers retire.

05:07 PM -- Fred Elbel, Defend Colorado Now and Colorado Alliance for Immigration Reform, spoke in support of the bill. Mr. Elbel discussed a sanctuary order in Los Angeles and how that has translated to 95 percent of homicide warrants being issued for undocumented immigrants. He provided statistics regarding crimes committed by illegal immigrants. Mr. Elbel stated that local officials can and should cooperate with federal officials in immigration matters. He responded to questions from the committee regarding the mechanism of sanctuary policies.

05:20 PM -- Terri McNabb, private citizen, provided a written statement in support of the bill (Attachment F).

05:21 PM -- Don McKee, private citizen, spoke in support of the bill.

05:31 PM -- Catherine Hazouri, ACLU of Colorado, spoke against the bill. Ms. Hazouri stated that the proposed amendment mitigates many of her concerns, but that the bill would still potentially result in the harassment of legal residents of Colorado. She provided a quotation regarding the determination by law enforcement as to immigration status. She is concerned about racial profiling.

05:37 PM

Senator Wiens wrapped up his presentation of the bill.


BILL:	SB06-090
TIME:	05:38:55 PM
MOVED:	Grossman
MOTION:	Moved prepared amendment L.003 (Attachment G) and suggested amending lines 9 and 10 of L.003, after the word "ARRESTEE" add "FOR A CRIMINAL OFFENSE." The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:47 PM

Senator Wiens discussed a conceptual amendment that he drafted regarding the duty of peace officers (Attachment H). He stated that it clarifies that language in the bill.


BILL:	SB06-090
TIME:	05:48:51 PM
MOVED:	Mitchell
MOTION:	Moved the Wiens conceptual amendment (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-090
TIME:	05:49:07 PM
MOVED:	Grossman
MOTION:	Refer Senate Bill 06-090 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:51 PM -- Senate Bill 06-110

Senator Wiens, prime sponsor, presented Senate Bill 06-110 concerning the creation of fraudulent documents for the purpose of unlawfully establishing legal status. The bill prohibits fraudulently making, for any purpose, the documents that are listed in the federal regulations for the purpose of verification of employment eligibility. It imposes civil and criminal penalties for document fraud. Senator Wiens discussed prepared amendment L.006 (Attachment I). He also provided the committee with the Colorado statute that deals with verification of employment eligibility (Attachment J).

05:53 PM -- Frosty Wooldridge, private citizen, spoke in favor of the bill. Mr. Wooldridge stated that the bill will stop illegal activity.

05:54 PM -- Fred Elbel, Defend Colorado Now and Colorado Alliance for Immigration Reform, spoke in favor of the bill. Mr. Elbel discussed the importance of secure identification laws.

05:56 PM -- Robert Copley, Colorado Minutemen, spoke in favor of the bill. Mr. Copley discussed the ease of obtaining false identification and how that identification can play a key role in the commission of criminal activity. He talked about his experience as a law enforcement official.


BILL:	SB06-110
TIME:	06:01:24 PM
MOVED:	Mitchell
MOTION:	Moved prepared amendment L.006 (Attachment J). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-110
TIME:	06:03:07 PM
MOVED:	Shaffer
MOTION:	Moved a conceptual amendment, after line 13 of prepared amendment L.006, insert a new sentence "Moneys collected pursuant to this subsection (2) shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (1.5), C.R.S. In the event that the judicial stabilization fund is abolished, the moneys collected pursuant to this subsection (2) shall be deposited in the general fund." The motion passed on a vote of 5-2.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-110
TIME:	06:06:19 PM
MOVED:	Mitchell
MOTION:	Refer Senate Bill 06-110 to the Committee on Appropriations, as amended, with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:09 PM

Senator Grossman adjourned the committee.