Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
STATE, VETERANS, & MILITARY AFFAIRS
Date:
02/01/2005
ATTENDANCE
Time:
02:00 PM
to
05:10 PM
Cadman
*
Carroll T.
X
Place:
HCR 0107
Coleman
*
Crane
X
This Meeting was called to order by
Gallegos
X
Representative
Weissmann
Liston
X
Lundberg
*
This Report was prepared by
Schultheis
X
Brad Denning
Todd
X
Ragsdale
X
Weissmann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1028
HB05-1147
HB05-1149
HB05-1099
HJR05-1006
Amended and Referred to Appropriations
Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Postponed Indefinitely
02:27 PM -- House Bill 05-1028
House Bill 05-1028, was laid over after being amended, Amendment L.001, from January 25, 2005. Representative Vigil, prime sponsor, discussed the current status of the bill. He offered Amendment L.003 (Attachment A) which strikes everything below the enacting clause and substitutes new language for the bill, and explained the recently drafted fiscal memorandum (Attachment B). He indicated it would be up to the committee as to whether it wanted to send it to the Committee on Appropriations. He responded to committee questions.
Representative Carroll spoke about the limitation of family members that could obtain one of these special military license plates, as outlined in Amendment L.003. Committee discussion ensued.
Representative Schultheis indicated that he would like to see the bill limited to the specialty license plate and not go in the direction of the amendment.
BILL:
HB05-1028
TIME:
02:41:46 PM
MOVED:
Carroll T.
MOTION:
Moved Amendment L.003. Committee discussion continued on the amendment.
SECONDED:
Coleman
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:
TIE
2:46 PM
-- Representative Lundberg commented on Amendment L.003. He believes another complication on where to draw the line on who would receive a plate are those soldiers who are injured in military action and die years later due to complications of their injuries.
BILL:
HB05-1028
TIME:
02:51:55 PM
MOVED:
Schultheis
MOTION:
Moved a subsititute motion to severe Amendment L.003, and moved severed Section 1 which is Section 2 of Amendment L.003. The motion failed on a 5-6 vote.
SECONDED:
Cadman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
No
Crane
No
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Not Final YES:
5
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1028
TIME:
02:57:41 PM
MOVED:
Schultheis
MOTION:
Moved severed Section 2 which includes Page 1, lines 1 through 12, and Page 2, lines 3 through 27. Committee discussion ensued regarding terminology in severed Section #2. The motion passed without objection.
SECONDED:
Cadman
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
BILL:
HB05-1028
TIME:
03:05:54 PM
MOVED:
Coleman
MOTION:
Moved to refer HB 05-1028, as amended, to the Committee on Appropriations. The motion passed unanimously.
SECONDED:
Cadman
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:07 PM -- House Bill 05-1147
Representative Weissmann, prime sponsor, introduced House Bill 05-1147 which eliminates the requirement that a circulator of a candidate, recall, initiative, or referendum petition be a registered voter. The bill would require the circulator of these petitions to be a state resident, a U.S. citizen, and at least 18 years of age. He responded to committee questions. Representative Weissmann believes it is economically prudent to enact this bill.
03:09 PM
Representative Carroll explained that he had a conflict of interest and would not be voting on the bill. Committee discussion continued. Representative Weissmann stated that he thought the initiative process had been taken over by financial interests.
The following people testified:
03:24 PM --
Bill Compton, representing the Secretary of State's Office, spoke in support of the bill. He explained that this bill does not weaken the current statutes in the area of the initiatives. He indicated that this bill is a clean-up measure to comply with federal law, removing existing unconstitutional law from the statutes. He responded to committee questions, with Representative Weissmann.
03:38 PM --
Cathryn L. Hazouri, representing the American Civil Liberties Union (ACLU) of Colorado, spoke in opposition to this bill. She indicated that there are two issues in the bill that the ACLU opposes. One is the citizenship circulator of petitions, and that by having the requirements in the bill, you limit the people who can earn a certain income. Also, requiring a legal resident to be a circulator would preclude legal aliens to learn more about this process.
Representative Weissmann made his concluding remarks.
BILL:
HB05-1147
TIME:
03:41:52 PM
MOVED:
Weissmann
MOTION:
Moved to refer HB05-1147, unamended, to the Committee of the Whole with a favorable recommendation. The motion passed on a 7-3-1 vote.
SECONDED:
Ragsdale
VOTE
Cadman
No
Carroll T.
Excused
Coleman
No
Crane
Yes
Gallegos
Yes
Liston
No
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES:
7
NO:
3
EXC:
1
ABS:
0
FINAL ACTION:
PASS
03:46 PM -- House Bill 05-1149
Representative Stengel, prime sponsor, explained House Bill 05-1149 which amends the corporations and associations laws, including but not limited to:
• referring a limited liability agreements as an operating agreement throughout statute;
• clarifying when a document becomes effective; and
• increasing the Secretary of State's ability to accept documents electronically.
He provided Amendment L.001 (Attachment C). Representative Stengel explained the bill, section by section. Representative Weissmann indicated that the bill sponsor was allowed to discuss Amendment L.001, prior to it being moved. Representative Stengel continued his explanation of the bill and responded to committee questions.
The following people testified:
04:06 PM --
Allen Sparkman, representing the Colorado Bar Association (CBA), spoke in support of the bill. He provided annotations to House Bill 05-1149 (Attachment D), prepared by a drafting committee of the CBA, Business Law Section. He responded to committee questions.
BILL:
HB05-1149
TIME:
04:19:22 PM
MOVED:
Carroll T.
MOTION:
Moved Amendment L.001. The motion passed without objection.
SECONDED:
Schultheis
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
BILL:
HB05-1149
TIME:
04:19:55 PM
MOVED:
Coleman
MOTION:
Moved HB 05-1149 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed unanimously.
SECONDED:
Liston
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES:
11
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
04:21 PM -- House Bill 05-1099
Representative McCluskey, prime sponsor, introduced HB 05-1099 which authorizes the commissioner of insurance to fund membership dues for four legislators, and all actual and necessary travel expenses, to attend regularly scheduled meetings and conferences of the National Conference of Insurance Legislators. He provided Amendment L.002 (Attachment E).
The following person testified:
04:24 PM --
John Wethey, representing the Colorado Surplus Lines Association, spoke in support of the bill. He responded to questions from the committee members.
04:33 PM
Representative McCluskey made his concluding remarks.
BILL:
HB05-1099
TIME:
04:34:32 PM
MOVED:
Ragsdale
MOTION:
Moved Amendment L.002. The amendment was discussed. The chair made a decision to sever Amendment .002 between lines 3 and 4. A substitute motion was made on the severed sections.
SECONDED:
Gallegos
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:
TIE
BILL:
HB05-1099
TIME:
04:36:36 PM
MOVED:
Weissmann
MOTION:
Substitute motion, moved severed Section 1, lines 1 through 3. The motion failed on a 1-10 vote.
SECONDED:
Coleman
VOTE
Cadman
No
Carroll T.
No
Coleman
No
Crane
No
Gallegos
No
Liston
Yes
Lundberg
No
Schultheis
No
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES:
1
NO:
10
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1099
TIME:
04:39:40 PM
MOVED:
Weissmann
MOTION:
Moved severed Section 2
SECONDED:
Coleman
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
BILL:
HB05-1099
TIME:
04:40:01 PM
MOVED:
Crane
MOTION:
Moved to refer HB 05-1099 to the Committee of the Whole, as amended, with a favorable recommendation.
SECONDED:
Liston
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
No
Todd
Yes
Ragsdale
No
Weissmann
No
Final YES:
8
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
HJR05-1006
4:40 PM
-- Representative Welker, prime sponsor, introduced HJR 05-1006 that would reduce the number of bills a member would introduce during a regular session of the General Assembly. He provided Amendment L.001 (Attachment F) and a handout, Attachment G,
Bill Statistics from 1994 Through 2004.
He responded to commitee questions. Committee discussion continued about the members' opinions of the resolution.
There was no testimony.
4:56 PM
Representative Weissmann commented on the number of bills created by standing and interim committees, which he believes are the source for the volume of bills. Committee discussion ensued.
BILL:
HJR05-1006
TIME:
05:02:57 PM
MOVED:
Cadman
MOTION:
Moved Amendment L.001. (Attachment H). The motion failed on a 5-6 vote.
SECONDED:
Schultheis
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
No
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
Yes
Not Final YES:
5
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
5:07 PM
Rep. Welker concluded his remarks.
BILL:
HJR05-1006
TIME:
05:07:57 PM
MOVED:
Schultheis
MOTION:
Moved HJR 05-1006, unamended, to the Committee of the Whole. The motion failed on a 4-7 vote.
SECONDED:
Cadman
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
No
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES:
4
NO:
7
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HJR05-1006
TIME:
05:09:23 PM
MOVED:
Coleman
MOTION:
Moved to postpone indefinitely HJR 05-1006. The motion passed on a 6-5 vote.
SECONDED:
Carroll T.
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES:
6
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS