House Committee on State, Veterans, & Military Affairs (05/08/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	05/08/2012	ATTENDANCE

Time:	01:14 PM to 02:55 PM	Barker	X
		Baumgardner	X
Place:	HCR 0109	Casso	X
		Court	*
This Meeting was called to order by		Duran	*
	Representative Kerr J.	Joshi	X
		Todd	*
This Report was prepared by		Coram	X
	Bo Pogue	Kerr J.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-155 SB12-105 SB12-174		Referred to the Committee of the Whole Postponed Indefinitely Postponed Indefinitely

01:14 PM -- Senate Bill 12-155

The committee was called to order. A quorum was present. Representative Murray, co-prime sponsor, presented Senate Bill 12-155, concerning procedures to protect transparency in elections while preserving the integrity of ballots in connection with a request for public inspection of ballots under the "Colorado Open Records Act" (CORA). Representative Murray explained the effect of the bill, and discussed its merits. Representative Court also discussed the bill's merits. The following persons testified regarding Senate Bill 12-155:

01:19 PM -- Ms. Pam Anderson, Jefferson County Clerk and Recorder representing the Colorado County Clerks Association, and Mr. Geoff Wilson, representing the Colorado Municipal League, testified in support of the bill. Ms. Anderson reiterated the effect of the bill, discussed its merits, and discussed the stakeholders that contributed to the drafting of the legislation. Mr. Wilson discussed a recent Colorado Court of Appeals decision that deemed ballots to be public records.

01:23 PM -- Ms. Alissa Vanderveen, representing the El Paso County Clerk and Recorder's Office, testified in support of the bill. Ms. Vanderveen explained how the bill will help to preserve the secret ballot for military and overseas voters.

01:25 PM -- Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in support of Senate Bill 12-155. Mr. Romberg praised the level of consensus among the stakeholders who helped to craft the legislation, and discussed ballots as open records. He discussed the responsibility to preserve the secret ballot, and explained how ballots are different from other public records. He discussed the benefits of the bill in the area of protecting the identities of voters.

01:29 PM -- Ms. Mary Eberle, representing Coloradans for Voting Integrity and herself, testified in opposition to the bill. Committee members received the written testimony of Ms. Marilyn Marks. Ms. Eberle discussed her experience in election monitoring, and explained why the bill is unnecessary. She explained that the blackout dates for inspecting ballots under the bill cover a significant portion of the year, and discussed the costs associated with a CORA request. She suggested removing a section in the bill differentiating between interested parties and other citizens in CORA ballot requests, and suggested that the bill has not been properly vetted. Discussion ensued regarding the last point. Ms. Eberle summarized Attachment A. Ms. Eberle urged the committee to vote the bill down, and suggested that county clerks will receive few CORA requests. Ms. Eberle responded to questions regarding the potential length of blackout periods for inspecting ballots under the bill.

01:40 PM -- Ms. Christine Watson, representing the League of Women Voters, testified on Senate Bill 12-155 from a neutral perspective. Ms. Watson discussed the need for the county clerks to maintain confidentiality for voted ballots, and suggested that the blackout period for CORA requests for ballots under the bill is too long. Ms. Watson said that a ballot should not be subject to a CORA request until it is counted, and suggested using photocopies for inspection since they can be presented randomly. Ms. Watson suggested placing a repealer on the bill, and further consideration of the matter be taken up during the next legislative session. Discussion ensued regarding the length of time it takes to certify an election result, and the ability to correct any anomalies in the bill during future legislative sessions.

01:47 PM

No amendments were offered to Senate Bill 12-155. Representatives Court and Murray provided closing remarks in support of Senate Bill 12-155. The committee discussed the potential for amending the bill to shorten the blackout period for CORA requests under the bill.


BILL:	SB12-155
TIME:	01:49:00 PM
MOVED:	Court
MOTION:	Moved to refer Senate Bill 12-155 to the Committee of the Whole with a favorable recommendation.. The motion passed on a vote of 9-0.
SECONDED:	Coram
		VOTE
	Barker	Yes
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	Yes
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:51 PM -- Senate Bill 12-105

Representative Levy, prime sponsor, presented Senate Bill 12-105, concerning provisions that improve the reintegration opportunities for persons involved in the criminal justice system. Representative Levy explained the effect of the bill, as amended by prepared amendment L.012 (Attachment B), and discussed the need for the legislation. Representative Levy mentioned that the Colorado District Attorneys Association is in support of the bill as amended. Representative Levy responded to questions regarding the source of the legislation.

01:57 PM

The following persons testified regarding Senate Bill 12-105:

01:58 PM -- Mr. Mark Evans, representing Colorado State Public Defender, testified in support of the bill. Committee members received a packet of background information about rehabilitating those with criminal records (Attachment C). He explained the need to transition those released from the criminal justice system into public life.

01:59 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner discussed problems that those who have been convicted of crimes face in finding employment, and explained how the bill will help balance out state law in this area. She explained how the bill would help offenders who are trying to redeem themselves. Ms. Donner responded to questions regarding the types of crimes to which the bill applies. Discussion ensued on this point. Ms. Donner responded to questions regarding the municipal offenses that would be covered by the bill. Representative Levy mentioned that Senate Bill 12-105 passed out of the Senate unanimously, and discussed the public safety protections contained in the bill.

02:09 PM

Discussion ensued regarding the fiscal impact of the bill.

02:11 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys Council, testified in support of the bill as amended. Mr. Raynes discussed the balancing of public safety and the interests of those with criminal records under the judicial process created by the bill. Mr. Raynes responded to questions regarding the position of the District Attorneys' Council on the bill as amended by amendment L.012, and reiterated the effect of the legislation. Discussion ensued regarding why the bill took so long to make it through the legislative process.

02:15 PM


BILL:	SB12-105
TIME:	02:15:54 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.012 (Attachment B). The motion passed without objection.
SECONDED:	Casso
		VOTE
	Barker
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Todd
	Coram
	Kerr J.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:16 PM

Representative Levy presented closing remarks in support of Senate Bill 12-105. Various members explained their support for, or opposition to, the bill.


BILL:	SB12-105
TIME:	02:19:19 PM
MOVED:	Todd
MOTION:	Moved to refer Senate Bill 12-105, as amended, to the Committee on Finance. The motion failed on a vote of 4-5.
SECONDED:	Court
		VOTE
	Barker	No
	Baumgardner	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-105
TIME:	02:19:56 PM
MOVED:	Baumgardner
MOTION:	Moved to postpone indefinitely Senate Bill 12-105. The motion passed on a vote of 5-4.
SECONDED:	Joshi
		VOTE
	Barker	Yes
	Baumgardner	Yes
	Casso	No
	Court	No
	Duran	No
	Joshi	Yes
	Todd	No
	Coram	Yes
	Kerr J.	Yes

Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:21 PM

The committee recessed.

02:28 PM -- Senate Bill 12-174

The committee returned to order. Representative Pabon, prime sponsor, presented Senate Bill 12-174, concerning the creation of a pilot alternate property tax valuation protest and appeal procedure for the City and County of Denver. Representative Pabon explained the effect of the bill. Discussion ensued regarding how the bill would work in Denver, based on its power structure. Representative Pabon responded to questions regarding how the pilot program would operate in other counties based on the number of commissioners in these counties, and the need for state legislation to create the pilot program that would be created under the bill.

02:35 PM

The following person testified regarding Senate Bill 12-174:

02:35 PM -- Mr. Paul Jacobs, representing the City and County of Denver, testified in support of the bill. Committee members received a fact sheet in support of the bill from Mr. Jacobs (Attachment D). Mr. Jacobs explained how the pilot program created by the bill would operate in the absence of county commissioners in Denver, and explained the reasons behind the creation of the bill. Mr. Jacobs discussed the delay in introducing the bill in the Senate, and the relationship between the bill and other legislation seeking to change property tax appeals issues. He also discussed the waiting periods associated with property tax protests and appeals, and explained how the program created by the bill will help to shorten these times. Mr. Jacobs discussed the benefits of using a pilot program in Denver to test alternative property tax valuation protest and appeals procedures. Mr. Jacobs reviewed the material in Attachment D. Mr. Jacobs explained the need for a state law to implement the pilot program created by the bill. Discussion returned to the differences in government structure between Denver and the rest of the state's counties, and how this affects using Denver as a site for a pilot program.

02:47 PM

Discussion ensued regarding the time line for protesting a property tax valuation.

02:49 PM

No amendments were offered to Senate Bill 12-174. Representative Duran provided closing remarks in support of the bill.


BILL:	SB12-174
TIME:	02:50:04 PM
MOVED:	Duran
MOTION:	Moved to refer Senate Bill 12-174 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-5.
SECONDED:	Court
		VOTE
	Barker	No
	Baumgardner	No
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	No
	Todd	Yes
	Coram	No
	Kerr J.	No

YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-174
TIME:	02:53:01 PM
MOVED:	Joshi
MOTION:	Moved to postpone indefinitely Senate Bill 12-174. The motion passed on a vote of 5-4.
SECONDED:	Baumgardner
		VOTE
	Barker	Yes
	Baumgardner	Yes
	Casso	No
	Court	No
	Duran	No
	Joshi	Yes
	Todd	No
	Coram	Yes
	Kerr J.	Yes

Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:55 PM

The committee adjourned.