House Committee on State, Veterans, & Military Affairs (01/18/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	01/18/2005	ATTENDANCE

Time:	01:33 PM to 03:05 PM	Cadman	X
		Carroll T.	X
Place:	HCR 0107	Coleman	X
		Crane	X
This Meeting was called to order by		Gallegos	*
	Representative Weissmann	Liston	X
		Lundberg	X
This Report was prepared by		Schultheis	X
	Brad Denning	Todd	*
		Ragsdale	X
		Weissmann	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1007 HB05-1008		Referred to the Committee of the Whole Amended and Referred to the Committee of the Whole

01:50 PM -- House Bill 05-1007

Representative Garcia, prime sponsor, introduced House Bill 05-1007 concerning the regulation of notaries public, and requiring notary applicants to obtain training prior to appointment or reappointment. He believes that requiring the education or training of notaries protects the notaries and their clients. Representative Garcia responded to committee questions.

Committee discussion ensued.

The following people testified:

02:10 PM -- Julie Hoerner, Director of Legislative Policy, representing the Department of Regulatory Agencies (DORA), indicated that there is a legal question pertaining to the mandatory educational requirement that is being proposed by this legislation. She explainede that DORA believes it is to be notified before such a bill is introduced, citing Section 24-34-901, C.R.S.. This statute states that "before any bill is introduced. . . that contains a mandatory continuing education requirement for any occupation or profession, the practice of which requires a state of Colorado License, certificate, or registration, the group of association proposing such mandatory continuing education requirement shall first submit information concerning the need for such a requirement to the office of the executive director of the department of regulatory agencies."

02:12 PM -- Mike Shea, representing the Secretary of State's Office, spoke in favor of the bill. He addressed the legal question raised regarding the bill's mandatory training. He explained the current notary public procedures and complaints against notaries. Mr. Shea responded to committee questions regarding notary public regulations, identity theft related to notary public activities, the requirement of notaries to keep a journal of every notarial act of the notary, etc.

02:36 PM -- Diane Evans, representing Land, Title, and Guarantee Association of Colorado, supported the legislation as amended by Amendment L.001 (Attachment A). She believes the mandatory training requirement in the bill should not apply to a real estate broker, lawyer, or a title insurance agent who is employed by a real estate broker, lawyer, or a title insurance company or title insurance agent. She responded to committee questions.


BILL:	HB05-1007
TIME:	02:44:20 PM
MOVED:	Coleman
MOTION:	Moved Amendment L.001. Representative Garcia provided further explanation of the amendment. The motion failed on a 2-9 vote.
SECONDED:	Schultheis
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	No
	Crane	No
	Gallegos	No
	Liston	No
	Lundberg	No
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1007
TIME:	02:46:46 PM
MOVED:	Lundberg
MOTION:	moved to remove lines 16 through 22 on Page 2 of the bill. The motion failed on a 4-7 vote.
SECONDED:	Schultheis
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1007
TIME:	02:48:28 PM
MOVED:	Schultheis
MOTION:	moved to remove the following phrase on page 2, line 6, ", or for reappointment as a notary public,". The motion failed on a 3-8 vote.
SECONDED:	Cadman
		VOTE
	Cadman	No
	Carroll T.	No
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

02:52 PM -- Representative Weissmann requested discussion from the committee as to whether the bill should be tabled until January 25, 2005, or voted on today.


BILL:	HB05-1007
TIME:	02:52:05 PM
MOVED:	Carroll T.
MOTION:	Referred HB05-1007 to the Committee of the Whole with a favorable recommendation. The motion passed on a 9-2 vote.
SECONDED:	Coleman
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:57 PM -- House Bill 05-1008

Representative Ragsdale, prime sponsor, introduced HB05-1008 concerning the name change of the Department of Revenue's "Motor Vehicle Business Group" to the "Division of Motor Vehicles."

The following people testified:

02:59 PM -- Steve Tool, Senior Director, Motor Vehicle Business Group, representing the Department of Revenue (DOR), spoke in favor of the bill. He said the name "Motor Vehicle Business Group" (MVBG) was first used when the Department of Revenue reorganized under the management of the previous department head. The department had hoped to change the name administratively, but, as the use of MVBG was found in statute, it requested legislation to make the change. He provided Attachment B, the DOR's Legislative Fact Sheet on HB 05-1008, and Attachment C, a letter dated January 16, 2005, from Carol Snyder, Adams County Clerk and Recorder to Mr. Steve Tool regarding the name change for DMV.

Representative Ragsdale made her concluding remarks.


BILL:	HB05-1008
TIME:	03:01:21 PM
MOVED:	Weissmann
MOTION:	Moved Amendment L.001 (Attachment D). Representative Weissmann explained that this amendment would help statute comply with the Help America Vote Act (HAVA), to have state law complement federal law. 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:	HB05-1008
TIME:	03:04:46 PM
MOVED:	Ragsdale
MOTION:	Referred HB05-1008, as amended, to the Committee of the Whole. The motion passed on a 10-0-1 vote.
SECONDED:	Coleman
		VOTE
	Cadman	Yes
	Carroll T.	Excused
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS