House Committee on State, Veterans, & Military Affairs (02/17/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/17/2009	ATTENDANCE

Time:	03:11 PM to 07:07 PM	Casso	X
		Court	X
Place:	HCR 0112	Hullinghorst	X
		Lambert	*
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	E
		Miklosi	X
This Report was prepared by		Murray	X
	Cathy Eslinger	Nikkel	X
		Labuda	*
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
JBC Briefing HB09-1235 HB09-1218 HB09-1200 HB09-1205 HB09-1248 HB09-1206		Witness Testimony and/or Committee Discussion Only Amended, Referred to Judiciary Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to Appropriations Postponed Indefinitely

03:11 PM -- Call to Order

The meeting was called to order by the chair, Representative Todd.

03:11 PM -- Joint Budget Committee Briefing

Representative Ferrandino, representing the Joint Budget Committee, provided a briefing on the proposed supplemental bill pertaining to the Department of Military and Veterans Affairs. He said that the majority of the reductions come from the current hiring freeze. He indicated that there was not a bill transferring funds that impacts this department.

03:14 PM

Representative Ferrandino continued his presentation by discussing the budget of the Department of State. He reviewed the proposed supplemental for the Department of State, which is cash funded. He said reductions would be primarily achieved through the hiring freeze and from vacancy savings. This supplemental is Senate Bill 09-201.

03:16 PM -- House Bill 09-1235

Representative Acree reviewed the provisions of House Bill 09-1235, concerning measures to address unsafe conditions arising as a result of the abandonment of real property. The bill was first heard in the committee at its February 12 meeting. Representative Acree discussed Amendment L.002 (Attachment A). She also requested consideration of Amendment L.004 (Attachment B).


BILL:	HB09-1235
TIME:	03:23:00 PM
MOVED:	Todd
MOTION:	Moved amendment L..002 (Attachment A). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda	Excused
	Todd
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1235
TIME:	03:24:53 PM
MOVED:	Todd
MOTION:	Moved Amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

3:29 PM

The committee discussed Amendment L.004 (Attachment B).

3:42 PM

Duane Gall, Office of Legislative Legal Services, came to the table to respond to questions about the amendments and immunity provisions in the bill.


BILL:	HB09-1235
TIME:	03:42:53 PM
MOVED:	Todd
MOTION:	Moved Amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

03:47 PM

Mr. Gall discussed a potential conflict between Amendment L.002 and an amendment that was passed at the committee's February 12 meeting, Amendment L.001 (Attachment C).


BILL:	HB09-1235
TIME:	03:47:37 PM
MOVED:	Massey
MOTION:	Moved to reconsider Amendment L.001 (Attachment C). The motion passed on a 10-0 roll call vote.
SECONDED:	Lambert
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes
Not Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1235
TIME:	03:48:34 PM
MOVED:	Massey
MOTION:	Moved Amendment L.001 (Attachment C). The motion failed on a 0-10 roll call vote.
SECONDED:	Lambert
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	No
	Massey	No
	McCann	Excused
	Miklosi	No
	Murray	No
	Nikkel	No
	Labuda	No
	Todd	No
Not Final YES: 0 NO: 10 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1235
TIME:	03:49:35 PM
MOVED:	Murray
MOTION:	Moved to refer House Bill 09-1235, as amended, to the Committee on Judiciary with a favorable recommendation. The motion passed on a 6-4-1 roll call vote.
SECONDED:	Lambert
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	No
	Todd	Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:53 PM -- House Bill 09-1218

Representative Soper reviewed the provisions of House Bill 09-1218, concerning capital lease agreements entered into by the state.

03:56 PM

The following person testified:

03:56 PM -- David McDermott, representing the Office of the State Controller, testified in support of the bill. He described the statutory authorization that is addressed in the bill. A hand-out was distributed (Attachment D). Mr. McDermott distinguished between the types of agreements addressed in the bill and the clarification the bill makes to statutory definitions. He indicated that the bill increases legislative oversight for only the most expensive state leases.

04:06 PM

Mr. McDermott responded to questions from committee members. Representative Lambert inquired about changes in legislative oversight. Mr. McDermott discussed the advantages to the changes in the bill. He distinguished between provisions for real and personal property leases. In response to questions, Mr. McDermott provided additional information about reporting requirements.

04:16 PM

Mr. McDermott continued to respond to questions regarding the state's inventory of assets.


BILL:	HB09-1218
TIME:	04:22:42 PM
MOVED:	Todd
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1218
TIME:	04:23:21 PM
MOVED:	Hullinghorst
MOTION:	Moved to refer House Bill 09-1218, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 8-1-2 roll call vote.
SECONDED:	Massey
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Excused
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:29 PM -- House Bill 09-1200

The committee returned to order. Representative Stephens, prime sponsor, presented House Bill 09-1200, concerning a requirement that the staff of the Legislative Council consider certain factors relating to counties in the local government impact section of a fiscal note.

04:32 PM

The following person testified regarding House Bill 09-1200:

04:33 PM -- Commissioner Jim Bensberg, representing El Paso County and Colorado Counties Incorporated (CCI), testified in favor of the bill. Commissioner Bensberg discussed the fiscal impact that legislation can have on counties, and cited specific examples. Commissioner Bensberg responded to questions regarding the provision of fiscal information to Legislative Council Staff by CCI, as required by prepared amendment L.002 (Attachment F), and how CCI will pay for the required fiscal analysis. Discussion ensued regarding the impact of singling out CCI in law as a provider of county fiscal information on the ability of Legislative Council Staff to remain independent. Ms. Janis Baron, Legislative Council Staff, weighed in on the issue of independence, and provided background on the process by which fiscal notes are currently drafted.

04:43 PM

Discussion continued regarding singling out CCI in statute, while leaving out statewide organizations that represent governmental officials or offices. Discussion followed regarding the inclusion of such other officials and offices in the fiscal information gathering process, and the potential for policy advocacy to play a role in the fiscal note process. Ms. Baron provided additional input regarding the current fiscal information gathering process during the drafting of fiscal notes. Commissioner Bensberg stressed that the bill, as amended by amendment L.001, would codify current practices.

04:52 PM -- Mr. Andy Karsian, representing CCI, testified regarding House Bill 09-1200. Mr. Karsian provided input regarding CCI's role in the fiscal note drafting process, and discussed CCI's attempts to refrain from engaging in policy advocacy during this process. Mr. Karsian responded to questions regarding CCI's sources for county-level fiscal information.

04:56 PM


BILL:	HB09-1200
TIME:	04:56:26 PM
MOVED:	Massey
MOTION:	Moved prepared amendment L.002 (Attachment F). The motion passed on an 8-1-2 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Excused
	Todd	Yes

Not Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:57 PM


BILL:	HB09-1200
TIME:	04:57:40 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1200, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 8-1-2 roll call vote.
SECONDED:	Court
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Excused
	Todd	Yes

Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:58 PM -- House Bill 09-1205

Representatives Looper and Balmer, prime sponsors, presented House Bill 09-1205, concerning voting by members of the armed forces serving outside the United States. Committee members received a photocopy of Section 1-2-217.5, Colorado Revised Statutes, showing the proposed location of a provision in the bill (Attachment G). Representative Looper discussed the need for the bill, and how the bill will help preserve the vote of members of the armed forces serving overseas. Representative Looper also discussed internet-based voting pilot projects launched in other jurisdictions, and the reasons that overseas uniformed services electors fail to vote. Discussion ensued regarding certain instances of voter disenfranchisement for overseas military voters from El Paso County. Discussion followed regarding the status of funding for the pilot project created by the bill. Representative Balmer discussed each of the bill's provisions in detail.

05:09 PM

Representative Balmer continued to explain the bill's provisions, along with three amendments to the bill. Discussion ensued regarding the potential for amending one of the amendments for consistency. Representative Todd mentioned that the Department of Military and Veterans Affairs is supportive of the bill.

05:16 PM

The following persons testified regarding House Bill 09-1205:

05:16 PM -- Mr. Bernie Buescher, Secretary of State, testified in favor of the bill. Secretary Buescher discussed the merits of the bill, and the safeguards built into the pilot program to make it secure and effective. Discussion ensued regarding the fiscal impact of the bill, the factors that drive the bill's cost, and the process by which the pilot program will operate at the local level. Representative Looper provided further clarification regarding the technical operation of the pilot program. Discussion followed regarding a provision in the bill that allows ballots from overseas military voters to be counted up to 8 days following the election, and which particular classes of overseas voters would qualify for such treatment.

05:27 PM

Discussion ensued regarding the potential inclusion of other overseas voters in the pilot program not considered in uniform.

05:31 PM -- Ms. Margit Johansson, representing Coloradans for Voting Integrity, testified in opposition to the bill and distributed a hand-out (Attachment H). She discussed the investigation of risk of Internet voting and a report produced by foremost security experts. The scientists reviewed issues that arose through a pilot project. There are concerns about the architecture of the Internet and the lack of security. Ms. Johansson went on to discuss other recent commentary on Internet voting. Early voting sites have been suggested for military bases and consulates.

05:41 PM

Representative Lambert discussed his experiences as a military voter and the potential for disenfranchisement. Discussion ensued regarding difficulties in receiving services experienced by overseas military personnel, including accessing voting. Ms. Johansson provided closing comments opposing voting over the Internet.

05:47 PM -- Mr. Scott Wiedmann, representing the U.S. Department of Defense, testified by telephone in favor of House Bill 09-1205. Mr. Wiedmann discussed the work of the Federal Voting Assistance Program within the department, and the issues faced by the program in assisting military personnel with voting. Mr. Wiedmann also discussed the process by which overseas military voting is facilitated, including through electronic methods.

05:57 PM

Mr. Wiedmann continued to discuss the process by which overseas military voting is facilitated, and certain state statutory barriers. Mr. Wiedmann then explained how the pilot program created by House Bill 09-1205 would operate within the federal framework. Mr. Wiedmann responded to questions regarding a provision in the bill that allows overseas military mail ballots to be counted up to 8 days after the election, and the ability to include classes of overseas voters in the pilot program additional to uniformed military voters. Discussion ensued regarding the existence of public domain software that would facilitate overseas Internet military voting.

06:08 PM

Mr. Wiedmann discussed solutions to security issues associated with overseas internet voting.

06:10 PM -- Clerks Nancy Doty and Pam Anderson, representing Arapahoe County and the Colorado County Clerks Association respectively, testified in favor of House Bill 09-1205. Clerk Doty discussed the lack of voting participation on the part of overseas military personnel, and obstacles currently in place that prevent participation. Committee members received copies of Clerk Doty's testimony (Attachment I). Clerk Doty then discussed a pilot program similar to the one created by the bill conducted in Okaloosa County, Florida, during the 2008 general election, and the results of the pilot project. Clerk Doty discussed the potential for coordinating an overseas military Internet voting pilot project with other such projects. Clerk Anderson added support for going forward with a pilot project as soon as possible.

06:21 PM

Clerk Anderson continued to discuss the benefits of the bill, and constraints currently in place preventing overseas voting. Clerk Anderson responded to questions regarding the number of mail ballots received from overseas in excess of 8 days after the election.

06:24 PM -- Ms. Carol Tone, representing the League of Women Voters, testified in favor of House Bill 09-1205. Ms. Tone discussed the importance of making the vote available to overseas armed forces.

06:26 PM -- Mr. Nate Gorman, representing the United Veterans Committee, testified in favor of the bill.

06:26 PM -- Ms. Mary Eberle, representing Coloradans for Voting Integrity, testified in opposition to House Bill 09-1205. Ms. Eberle discussed the security dangers inherent with internet voting.

06:27 PM


BILL:	HB09-1205
TIME:	06:28:13 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.005 (Attachment J), as amended by the following: line 3, after "p.m.", insert "mountain standard time"; line 4, after "p.m.", insert "mountain standard time". The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

06:29 PM


BILL:	HB09-1205
TIME:	06:29:07 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.006 (Attachment K). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1205
TIME:	06:29:22 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.007 (Attachment L). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

06:30 PM

Discussion ensued regarding extending the time period for deploying the pilot program to 2012. Representative Balmer discussed the timing involved with deploying the program.


BILL:	HB09-1205
TIME:	06:31:15 PM
MOVED:	Court
MOTION:	Moved a conceptual amendment, page 4, line 5, strike "2010" and substitute "2012". The motion passed without objection.
SECONDED:	Casso
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Passed Without Objection

06:31 PM

Discussion ensued regarding the proper motion for House Bill 09-1205. Representative Murray objected to Internet voting, except for overseas military personnel.


BILL:	HB09-1205
TIME:	06:31:59 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 09-1205, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 9-0-2 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Excused
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

06:34 PM -- House Bill 09-1248

Representative Gerou, prime sponsor, presented House Bill 09-1248, concerning the modification of laws applicable to the conduct of business in Colorado. Representative Gerou explained the effect of the bill. Committee members received a hand-out explaining the provisions of the bill, prepared by the Colorado Bar Association (Attachment M). Representative Gerou discussed the fiscal benefits to be realized as a result of the bill.

06:37 PM

The following persons testified regarding House Bill 09-1248:

06:37 PM -- Mr. Tony van Westrum, representing the Colorado Bar Association, testified in favor of the bill. Mr. van Westrum discussed the effect of certain sections of the bill.

06:39 PM -- Ms. Sarah Steinbeck, representing the Secretary of State, testified in favor of House Bill 09-1248.

06:39 PM -- Mr. Mark Turner, representing the Colorado Nonprofit Association, testified in favor of the bill, stressing the technical nature of the bill. Representative Murray registered her concerns regarding the bill's treatment of nonprofit organizations.

06:41 PM

No amendments were offered to House Bill 09-1248.


BILL:	HB09-1248
TIME:	06:42:20 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 09-1248 to the Committee on Appropriations with favorable recommendation. The motion passed on a 9-0-2 roll call vote.
SECONDED:	Casso
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Excused
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

06:43 PM -- House Bill 09-1206

Representative Lambert, prime sponsor, presented House Bill 09-1206, concerning an electronic currency backed by reserves of precious metals. Representative Lambert discussed the perils of inflation, the benefits to the state of making and receiving payments of electronic gold for certain transactions, and the history of certain paper currencies. Representative Lambert also discussed similar legislation being forwarded in other states, and auxiliary benefits to Colorado if a number of states went to gold-based systems. Representative Lambert responded to questions regarding the bill's fiscal impact, and the position of the State Treasurer on the bill. Representative Lambert discussed the information technology infrastructure that may be necessary to facilitate the system created by House Bill 09-1206.

06:53 PM

Discussion continued regarding the fiscal impact of the bill.

06:55 PM

The following person testified regarding House Bill 09-1206:

06:56 PM -- Mr. John Lefebvre, representing the Colorado County Treasurers Association, testified in opposition to the bill. Mr. Lefebvre explained that the bill would not be a workable solution to the inflationary problems associated with fiat money, and discussed the bill's unintended consequences. Mr. Lefebvre discussed such problems as the costs associated with transacting in electronic gold, the price spread between the spot and bid prices for gold, the inability of local governments to effectively participate in the precious metals markets, and the potential for local treasurers offices to be victimized due to the housing of precious metals. Mr. Lefebvre also discussed widespread fraud in such commodities markets, and the position of the State Treasurer on House Bill 09-1206.

07:02 PM

No amendments were offered to the bill. Discussion returned to the bill's fiscal impact. Representative Lambert responded to the concerns raised during public testimony, and provided closing remarks in favor of House Bill 09-1206. Representative Lambert returned his remarks to the perils of inflation.


BILL:	HB09-1206
TIME:	07:05:56 PM
MOVED:	Lambert
MOTION:	Moved to refer House Bill 09-1206 to the Committee on Appropriations. A substitute motion to Postpone Indefinitely the bill passed.
SECONDED:
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann	Excused
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB09-1206
TIME:	07:06:14 PM
MOVED:	Todd
MOTION:	Moved to Postpone Indefinitely House Bill 09-1206. The motion passed on an 8-1-2 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Excused
	McCann	Excused
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes
Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

07:07 PM

The committee adjourned.