Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:02/12/2009
ATTENDANCE
Time:10:12 AM to 01:35 PM
Casso
X
Court
X
Place:HCR 0112
Hullinghorst
X
Lambert
X
This Meeting was called to order by
Massey
*
Representative Todd
McCann
X
Miklosi
*
This Report was prepared by
Murray
X
Bo Pogue
Nikkel
X
Labuda
X
Todd
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1235
HB09-1186
HB09-1160
HB09-1216
Amended, Laid Over
Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole


10:12 AM -- House Bill 09-1235

The committee was called to order. A quorum was present. Representative Acree, prime sponsor, presented House Bill 09-1235, concerning measures to address unsafe conditions arising as a result of the abandonment of real property. Representative Acree provided background on the bill, and explained her reasons for carrying the bill. Representative Acree responded to questions regarding how often good Samaritans are charged with crimes for attempting to clean up abandoned properties, and how a foreclosed property falls into disrepair if a bank holds title to it. Representative Acree responded to further questions regarding who is likely to warn good samaritans against cleaning up abandoned properties, and what parties will be immunized by the bill against civil action. Discussion ensued regarding the status of banks who own properties as good Samaritans under the bill, and the ability of property owners to deny access to properties under the bill.

10:23 AM

Discussion ensued regarding the level of civil immunity provided by House Bill 09-1235, and a forthcoming amendment that affects the level of immunity. Discussion followed regarding risks involved with performing good Samaritan activities.

10:28 AM

The following persons testified regarding House Bill 09-1235:


10:29 AM --
Mr. Duane Gall, Office of Legislative Legal Services, provided clarification regarding two seemingly conflicting provisions in the bill. Discussion ensued regarding the types of instances in which a non-owner of a property will be shielded from taking full responsibility for an unoccupied dwelling by the bill when the non-owner attempts to block off entry points to the dwelling. Discussion followed regarding how liability is treated in such instances under current law, and the current time line for foreclosure proceedings. The committee then discussed the impact of abandoned dwellings on neighborhoods.

10:40 AM --
Councilman Larry Beer, representing the City of Aurora, testified in favor of House Bill 09-1235. Councilman Beer discussed the negative impact of abandoned dwellings on neighborhoods and property values, how the bill will improve these situations, and what the City of Aurora is currently doing to rectify such situations in light of the recent increase in home foreclosures. Councilman Beer responded to questions regarding the provision of immunity to lienholders such as banks, and the ability of municipalities to clean up abandoned dwellings under current law. Councilman Beer responded to further questions regarding how the bill will provide further assistance to municipalities with property abatement above current law. Discussion returned to the merits of providing immunity to lienholders.

10:51 AM

Discussion continued regarding the treatment of lienholders, realtors, and others with interest in the property by the bill. Councilman Beer responded to questions regarding the potential for creating programs at the municipal level to educate property owners about property upkeep and other code issues, and the potential for amending the bill to this effect.

10:56 AM --
Mr. Todd McMahon, representing the Mission Viejo Homeowners Association, testified in favor of the bill. Mr. McMahon discussed the impact of foreclosures on his neighborhood, and how neighborhoods would benefit from the passage of House Bill 09-1235. Mr. McMahon responded to questions regarding his organization's position on providing immunity to owners of abandoned property under the bill. Discussion ensued regarding the impact of holding property owners, including lenders, responsible for actions taking place on abandoned properties during instances of voluntary clean-up.

11:04 AM --
Mr. Corbin Sakdol, Arapahoe County Assessor, testified in favor of House Bill 09-1235. Mr. Sakdol discussed the foreclosure situation in Colorado, and the benefits of the bill to neighborhoods with abandoned dwellings. Mr. Sakdol then discussed how neighborhoods are currently prevented from abating abandoned properties. Mr. Sakdol provided his views on providing both property owners and good samaritans immunity from liability. Discussion returned to the potential for amending the bill to encourage local governments to create programs to educate citizens about community clean up immunities provided by the bill.


11:12 AM

Representative Acree explained the effect of prepared amendment L.001 (Attachment A).
BILL:HB09-1235
TIME: 11:12:32 AM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Massey
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachA.pdf

11:14 AM

Discussion returned to the merits of providing immunity from liability to banks and other lienholders who are in the process of foreclosing on a property when good samaritans clean up the property. Discussion followed regarding potential unintended consequences due to the provision of immunity from liability by House Bill 09-1235.

11:21 AM

The bill was laid over until Tuesday, February 17th.

11:21 AM -- House Bill 09-1186

Representative Levy, prime sponsor, presented House Bill 09-1186, concerning elections in which an elector is casting a ballot by mail. Representative Levy explained the provisions of the bill, and discussed why she is sponsoring the bill. Representative Levy also explained the effect of two forthcoming amendments. Representative Levy responded to questions regarding the definition of designated election official. Discussion ensued regarding the effect of the two forthcoming amendments.


11:30 AM

The following persons testified regarding House Bill 09-1186:

11:30 AM --
Ms. Christine Watson, representing the League of Women Voters, testified in favor of the bill. Ms. Watson discussed problems with the inability of voters to drop off mail ballots at polling places in certain counties during the 2008 election. Ms. Watson expressed concern regarding an amendment to the bill allowing persons to collect more than five mail ballots for drop off.

11:33 AM --
Ms. Kristen Thomson, representing the Vote by Mail Project, testified in favor of House Bill 09-1186. Ms. Thomson explained that the best way to accommodate voters is to have uniform requirements for mail ballot drop off. Ms. Thomson also addressed the amendment pertaining to collection of mail ballots.

11:36 AM --
Clerk Stephanie O'Malley, representing the City and County of Denver, Testified in favor of the bill. Clerk O'Malley discussed the benefits of allowing voters to drop off mail ballots at any county polling place, and the number of voters by mail ballot who drop them off versus mailing the ballot. Clerk O'Malley addressed the amount of work involved with allowing ballot drop off, and discussed problems associated with the lack of uniformity for the rules associated with mail ballot drop off during the recent election. Clerk O'Malley responded to questions regarding how polling places monitor the number of ballots that individuals drop off at the polling places, and weighed in on the proper threshold for the number of ballots that should be allowed for drop off. Clerk O'Malley responded to further questions regarding traffic associated with the high rate of mail ballot drop off during the most recent election.

11:46 AM

Clerk O'Malley responded to questions regarding restricting the drop-off of multiple ballots by a person to ballots from within the person's household. Clerk O'Malley responded to further questions regarding monitoring of drop-off boxes at polling sites, and the use of teams for delivering ballots during he 2008 election. Representative Levy clarified the household limitation issue. Clerk O'Malley revisited the threshold for the allowable number of mail ballots to be dropped off by an individual. Discussion ensued regarding the ramifications of allowing an individual to drop off an infinite number of ballots at a polling place. Clerk O'Malley responded to questions regarding what motivated voters to deliver mail ballots to polling places during the recent election.

11:57 AM

Discussion continued regarding mail ballot delivery, and the issue of mail ballot security. Discussion turned to persons who are exempted from the restriction on the number of mail ballots that may be delivered to a polling place. Clerk O'Malley explained the benefits of providing uniformity in law for dropping off mail ballots at polling places, as well as the number of ballots that may be dropped off by an individual. Discussion ensued on these issues. Discussion returned to the mail ballot security issue, and the persons authorized to drop off the ballots. Representative Levy provided further clarification on the household restriction.

12:08 PM --
Ms. Jenny Flanagan, representing Common Cause, testified in favor of House Bill 09-1235. Ms. Flanagan discussed the popularity and benefits of voting by mail, and expressed concerns regarding the lack of uniformity among counties with the rules pertaining to mail ballot drop off, providing evidence of the problems with lack of uniformity experienced during the most recent election.


12:12 PM --
Clerk Jack Arrowsmith and Clerk Hillary Hall, representing the Colorado County Clerks Association, testified in opposition to the bill. Clerk Arrowsmith expressed concerns over the bill's impact on election day voters, and discussed differences in voting preferences among counties. Clerk Arrowsmith also discussed certain potential unintended consequences associated with House Bill 09-1186, and addressed the issue of the number of mail ballots that should be allowed to be droped off by an individual. Clerk Hall provided further input on certain unintended consequences that may occur with the bill's passage, including the impact of the bill on voter turnout and the ability of polling places to accommodate high mail ballot drop off. Discussion ensued regarding the acceptance of mail ballots at polling places in counties that did not allow mail ballot drop off at any polling place during the 2008 election.

12:22 PM

Discussion ensued regarding the ability of small polling places to accommodate large numbers of voters, and polling place crowding during the 2008 election. Discussion followed regarding the potential for polling place mail ballot drop off to supplant larger numbers of mailed ballots, and the impact of the bill on the number of polling sites that are opened in each county. Clerk Hall responded to questions regarding the number of mail ballots collected in Boulder County on election day. Discussion turned to the number of complaints received by counties based on the inability to drop off ballots.

12:32 PM

Discussion turned to the issue of mail ballot collection for delivery to a polling place. Discussion returned to the ability of a voter to drop off a mail ballot at an early voting polling place on election day, and the need for uniformity of mail ballot drop off rules among the counties. Discussion ensued regarding the potential for crafting a compromise between discretion on the part of counties and uniformity among the counties on the issue of mail ballot drop off on election day.

12:42 PM --
Mr. Dan Willis, representing the Democratic Party of Denver, testified regarding the bill. Mr. Willis discussed the party's desire to increase the number of mail ballots that an individual may drop off at a polling place, and addressed the need for uniformity among the counties with regard to the drop off restrictions.

12:44 PM --
Mr. Rich Coolidge, Secretary of State, addressed the issue of how many mail ballots may be dropped off at a polling site by an individual.

12:45 PM --
Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of House Bill 09-1186. Ms. Gross discussed the need to keep the threshold for the number of ballots dropped off at a polling place at five ballots in the context of health care facilities.


12:46 PM
BILL:HB09-1186
TIME: 12:47:04 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Labuda
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachB.pdf

12:47 PM

Representative Lambert expressed opposition to prepared amendment L.003 (Attachment C).
BILL:HB09-1186
TIME: 12:47:26 PM
MOVED:Todd
MOTION:Moved prepared amendment L.003 (Attachment C). The motion failed on a 2-9 roll call vote.
SECONDED:McCann
VOTE
Casso
No
Court
No
Hullinghorst
No
Lambert
No
Massey
No
McCann
Yes
Miklosi
Yes
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

090212AttachC.pdf


BILL:HB09-1186
TIME: 12:49:22 PM
MOVED:Todd
MOTION:Moved prepared amendment L.002 (Attachment D). The motion passed on a 7-4 roll call vote.
SECONDED:Court
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
No
Massey
No
McCann
Yes
Miklosi
Yes
Murray
No
Nikkel
No
Labuda
Yes
Todd
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

090212AttachD.pdf

BILL:HB09-1186
TIME: 12:50:15 PM
MOVED:Court
MOTION:Moved to refer House Bill 09-1186, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 7-4 roll call vote.
SECONDED:Hullinghorst
VOTE
Casso
No
Court
Yes
Hullinghorst
Yes
Lambert
No
Massey
Yes
McCann
Yes
Miklosi
Yes
Murray
No
Nikkel
No
Labuda
Yes
Todd
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:51 PM -- House Bill 09-1160

Representative Miklosi, prime sponsor, presented House Bill 09-1160, concerning the ability of a qualified elector to submit voter information via the secure web site of the Secretary of State. Testimony was taken on the bill at the committee's February 5th meeting.

12:53 PM

The following person testified regarding House Bill 09-1160:

12:53 PM --
Mr. Trevor Timmons, representing the Secretary of State, provided input regarding the security of the system that would be established by the bill, and the number of malicious cyber attacks experienced by state computer systems.


12:57 PM

Representative Miklosi explained the effect of prepared amendment L.001 (Attachment E).
BILL:HB09-1160
TIME: 12:57:34 PM
MOVED:Miklosi
MOTION:Moved prepared amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:Murray
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachE.pdf

12:57 PM

Representative Miklosi explained the effect of prepared amendment L.002 (Attachment F).
BILL:HB09-1160
TIME: 12:58:00 PM
MOVED:Miklosi
MOTION:Moved prepared amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:Hullinghorst
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachF.pdf

12:59 PM

Representative Miklosi explained the effect of prepared amendment L.004 (Attachment G). Representative Miklosi responded to questions regarding the treatment of nonforwardable mail when the address is a mistaken address. Clerk Hillary Hall, representing the Colorado County Clerks Association, provided clarification on this issue.
BILL:HB09-1160
TIME: 12:58:31 PM
MOVED:Miklosi
MOTION:Moved prepared amendment L.004 (Attachment G). The motion passed without objection.
SECONDED:Labuda
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachG.pdf

01:00 PM

Representative Miklosi explained the effect of prepared amendment L.006 (Attachment H).
BILL:HB09-1160
TIME: 01:00:46 PM
MOVED:Miklosi
MOTION:Moved prepared amendment L.006 (Attachment H). The motion passed without objection.
SECONDED:Court
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachH.pdf

01:01 PM

Representative Miklosi explained prepared amendment L.008 (Attachment I), and expressed objection to the amendment. Representative Murray provided further clarification regarding the amendment. Mr. Richard Coolidge, representing the Secretary of State, responded to questions regarding information provided by the Department of State's web site pertaining to the ability of convicted felons to vote.
BILL:HB09-1160
TIME: 01:01:22 PM
MOVED:Murray
MOTION:Moved prepared amendment L.008 (Attachment I), as amended. The motion failed on a 5-6 roll call vote.
SECONDED:Court
VOTE
Casso
No
Court
No
Hullinghorst
No
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
No
Murray
Yes
Nikkel
Yes
Labuda
No
Todd
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

090212AttachI.pdf

01:04 PM

Representative Lambert offered a conceptual amendment to prepared amendment L.008, and explained his reason for doing so. Representative Miklosi provided clarification regarding the relationship between amendment L.008 and another amendment that was not offered.
BILL:HB09-1160
TIME: 01:04:48 PM
MOVED:Lambert
MOTION:Moved a conceptual amendment to prepared amendment L.008, line 1, strike ""Are you"; line 2 strike "able to" and substitute ""Do you". The motion passed without objection.
SECONDED:Murray
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


01:06 PM
BILL:HB09-1160
TIME: 01:06:54 PM
MOVED:Miklosi
MOTION:Moved to refer House Bill 09-1160, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:Casso
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
No
Massey
Yes
McCann
Yes
Miklosi
Yes
Murray
Yes
Nikkel
No
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:08 PM -- House Bill 09-1216

Representative Murray, prime sponsor, presented House Bill 09-1216, concerning voting by electors, and, in connection therewith, amending the election code to reflect changes brought about by the implementation of the statewide voter registration system and permanent mail-in voting.

01:09 PM

The following persons testified regarding House Bill 09-1216:


01:09 PM --
Mr. Richard Coolidge, representing the Secretary of State, testified in favor of the bill. Mr. Coolidge explained in detail each of the bill's provisions. Mr. Coolidge responded to questions regarding the process by which a county clerk processes a change of address of a registered voter. Ms. Hillary Rudy, representing the Secretary of State, responded to questions regarding the time frame within which a voter information card is required to be sent to voters when updating voter information. Discussion ensued regarding the treatment of forwardable and nonforwardable mail in certain situations by the bill. Discussion followed regarding a provision in the bill that allows unaffiliated voters to affiliate on election day.

01:19 PM

Ms. Rudy responded to questions regarding the effect of two forthcoming amendments to House Bill 09-1216, and the reason for restricting return of a mail-in ballot to a polling place to the early voting period. Discussion ensued regarding a potential conflict between this provision and other pending legislation.

01:24 PM --
Mr. Geoff Wilson, representing the Colorado Municipal League, testified in favor of House Bill 09-1216. Mr. Wilson explained the conforming nature of prepared amendment L.002 between county and municipal elections.

01:26 PM --
Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of the bill. Ms. Gross discussed her efforts to surrender a mail ballot at a polling place and instead vote at the polling place.

01:27 PM --
Ms. Jenny Flanagan, representing Common Cause, testified in favor of House Bill 09-1216. Ms. Flanagan expressed reservations regarding a provision in the bill that requires forwarding of a voter information card to an active voter by nonforwardable mail. Ms. Flanagan then expressed support for certain amendments to the bill. Discussion ensued regarding a forthcoming amendment to the bill that addresses the objections raised by Ms. Flanagan. Representative Hullinghorst explained her reasons for sponsoring the amendment. Discussion ensued regarding the opinion of the clerk and recorders on the amendment.

01:32 PM
BILL:HB09-1216
TIME: 01:33:25 PM
MOVED:Murray
MOTION:Moved prepared amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:McCann
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachI.pdf

BILL:HB09-1216
TIME: 01:33:43 PM
MOVED:Murray
MOTION:Moved prepared amendment L.002 (Attachment J). The motion passed without objection.
SECONDED:Court
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachJ.pdf

BILL:HB09-1216
TIME: 01:34:03 PM
MOVED:Hullinghorst
MOTION:Moved prepared amendment L.003 (Attachment K). The motion passed without objection.
SECONDED:Court
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090212AttachK.pdf

BILL:HB09-1216
TIME: 01:34:25 PM
MOVED:Murray
MOTION:Moved to refer House Bill 09-1216, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Court
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Yes
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:35 PM

The committee adjourned.