Final
BILL SUMMARY for HB05-1033

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes:
Action Taken:
Moved Amendment L.001 (Attachment C). The motion
Moved to postpone indefinitely. The motion passed
Referred HB 05-1033 to the Committee of the Whole
FAIL
PASS
FAIL

03:49 PM -- House Bill 05-1033

Representative Crane, prime sponsor, explained House Bill 05-1033 which would allow various political entities to meet any statutory requirement to publish a legal notice in a legal publication or newspaper by posting the notice on its official website. He responded to committee questions. The committee discussed the archival nature of websites, and whether it would be possible to determine if notice had been properly given on a given website if an agency or a political subdivision had no capacity for archival records.

The following people testified:

04:03 PM --
Ed Otte, representing the Colorado Press Association, spoke in opposition to the bill. He noted that the press opposes this bill as newspapers provide a buffer between government and the public, providing an independent public source of information. He said that citizens typically use newspapers to learn of notices. He responded to questions.

04:14 PM --
Tony Lombard, representing the Colorado Counties Inc., spoke in support of the bill. He responded to committee questions.

04:19 PM --
Jim Congrove, Jefferson County Commissioner, representing Jefferson County, spoke in support of the bill. He responded to questions about the number of libraries in Jefferson County and the degree of access the public would have to such notices on official internet websites.

04:28 PM --
Kevin McCasky, Jefferson County Commissioner, representing Jefferson County, indicated that the county is searching for an economical, service-oriented means of notifying their citizens of events and happenings. He said the county supports the bill and that Jefferson County does not have any archival concerns because it's website has archival capabilities.

04:36 PM --
Mark Paschall, Jefferson County Treasurer, representing Jefferson County, spoke in support of the bill. He responded to committee questions. The committee discussed the accountability of a third party notifying the public of government actions or activities. Representative Cadman suggested further discussion of a modified notification system, other than the system being discussed in this bill, would be appropriate.

BILL:HB05-1033
TIME: 04:54:38 PM
MOVED:Crane
MOTION:Moved Amendment L.001 (Attachment C). The motion failed on a 4-7 vote.
SECONDED:Schultheis
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
No
Schultheis
No
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB05-1033
TIME: 05:01:48 PM
MOVED:Crane
MOTION:Referred HB 05-1033 to the Committee of the Whole with a favorable recommendation. The motion failed on a 5-6 vote.
SECONDED:Schultheis
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

5:10 PM

Committee discussion and observations continued about a possible county pilot-program regarding public notice notification. The committee commented that the bill needs more work before it can go forward.
BILL:HB05-1033
TIME: 05:16:24 PM
MOVED:Coleman
MOTION:Moved to postpone indefinitely. The motion passed on a 6-5 vote.
SECONDED:Ragsdale
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