Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:04/21/2009
ATTENDANCE
Time:03:21 PM to 05:41 PM
Casso
X
Court
X
Place:HCR 0112
Hullinghorst
X
Lambert
X
This Meeting was called to order by
Massey
X
Representative Todd
McCann
X
Miklosi
X
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:
HB09-1335
HB09-1336
HB09-1337
SB09-248
HB09-1328
HCR09-1001		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 the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely

03:21 PM

The committee was called to order. A quorum was present.

03:22 PM -- House Bill 09-1335

Representative Todd, prime sponsor, presented House Bill 09-1335, concerning requirements for voting equipment. The committee heard testimony on the bill at its April 16th meeting. Representative Todd explained the effect of prepared amendment L.010 (Attachment A).

090421AttachA.pdf
BILL:HB09-1335
TIME: 03:22:28 PM
MOVED:Todd
MOTION:Moved prepared amendment L.010 (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


03:24 PM

Representative Todd explained the effect of prepared amendment L.001 (Attachment B). Discussion ensued regarding a provision in the bill that changes the time frame within which the Secretary of State is required to post information pertaining to a random audit on its web site.

090421AttachB.pdf
BILL:HB09-1335
TIME: 03:24:31 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment B). 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

BILL:HB09-1335
TIME: 03:27:21 PM
MOVED:Murray
MOTION:Moved to refer House Bill 09-1335, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Todd
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

03:28 PM -- House Bill 09-1336

Representative Todd, prime sponsor, presented House Bill 09-1336, concerning the implementation of specific recommendations of the state Election Reform Commission. Representative Todd explained the effect of the bill. Discussion ensued regarding the bill's inclusion of mental health facility in the definition of "group mental health facility," and the potential for costs being imposed on local governments as a result of the legislation.

03:33 PM

The following persons testified regarding House Bill 09-1336:

03:33 PM -- Ms. Jenny Flanagan, representing Common Cause, testified regarding the bill. Ms. Flanagan discussed the work of the Election Reform Commission, and expressed support for several of the commission's recommendations that appear in the bill, or may be put in the bill through amendment.

03:37 PM -- Mr. Harvie Branscomb, representing Coloradans for Voting Integrity and the Colorado Voter Group, testified regarding the bill. Mr. Branscomb discussed the process by which elections-related legislation was brought forward, and took issue with provisions in the bill affecting the constitution and duties of canvass boards. Mr. Branscomb also discussed the bill's treatment of deadlines for counting mail ballots by the bill, and overseas military voters. Mr. Branscomb responded to questions regarding the constitution of canvass boards, and current law pertaining to certification of votes by canvass boards. Discussion ensued regarding the potential for amending provisions in the bill pertaining to appointments to canvass boards.


03:45 PM -- Ms. Kristen Thomson, representing the Vote by Mail Project, testified regarding the bill. Ms. Thomson objected to a provision in the bill extending the time for county clerks to count mail ballots from 10 to 15 days prior to an election. Discussion ensued regarding the effect of prepared amendment L.005 (Attachment C).

090421AttachC.pdf

03:50 PM -- Clerks Hillary Hall and Pam Anderson, representing the Colorado County Clerks Association, testified regarding House Bill 09-1336. Clerk Hall expressed support for defining "group residential facility" in state law, and discussed treatment of the canvass board process by the bill. Clerk Hall then discussed the association's position on the bill's provision pertaining to the timing for counting mail ballots by county clerks. Clerk Anderson expressed support for an amendment to the bill pertaining to signature identification verification, and discussed the bill's treatment of canvass boards. Discussion ensued regarding a provision in the bill requiring canvassing boards to reconcile the number of ballots cast in an election with the number of registered voters in a precinct. Discussion followed regarding whether a prepared amendment fits under the bill's title. Discussion returned to the certification of vote abstracts by canvass boards.

04:03 PM

Discussion ensued regarding the constitution of canvass boards under House Bill 09-1336, and returning the time period for beginning the count of mail ballots by county clerks to 10 days before an election, as in current law. Prepared amendment L.005 would make this change. Discussion followed regarding language in L.005 that allows county clerks to open mail ballots for a period of time before counting them. Clerk Anderson responded to questions regarding what constitutes "preparing mail ballots" that are received prior to an election, which is allowed by election officials under current law.

04:14 PM

Discussion continued regarding the processing of mail ballots prior to ballot counting, and how counties with differing populations handle mail ballots. Clerk Anderson responded to questions regarding the process by which the signatures of mail voters are verified, and other issues concerning mail ballot processing. Clerk Hall responded to questions regarding the need to expand the time period for mail ballot processing.


04:20 PM

Representative Hullinghorst explained the effect of prepared amendment L.005, and discussed the need for the amendment. Discussion ensued regarding changing the time period for processing mail ballots by election officials from 10 to 15 days prior to the election.
BILL:HB09-1336
TIME: 04:20:31 PM
MOVED:Hullinghorst
MOTION:Moved prepared amendment L.005 (Attachment C). The motion failed on a 1-8-2 roll call vote.
SECONDED:Todd
VOTE
Casso
No
Court
No
Hullinghorst
Yes
Lambert
No
Massey
Excused
McCann
No
Miklosi
Excused
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 1 NO: 8 EXC: 2 ABS: 0 FINAL ACTION: FAIL


04:23 PM

Representative Todd discussed the potential for amending the bill in concept based on prepared amendment L.005. Mr. Troy Bratton, representing the Office of Legislative Legal Services, responded to questions regarding this amendment concept.
BILL:HB09-1336
TIME: 04:26:57 PM
MOVED:Todd
MOTION:Moved an amendment based on prepared amendment L.005, striking language in the amendment allowing election officials to open mail ballot envelopes prior to an election while still allowing the officials to verify the signatures on the ballot. The motion was withdrawn.
SECONDED:
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

04:32 PM

Representative Todd explained the effect of prepared amendment L.001 (Attachment D). Representative Murray provided further input on the amendment, and responded to questions regarding voter identification by overseas military voters.

090421AttachD.pdf
BILL:HB09-1336
TIME: 04:32:00 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment D). 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


04:35 PM

Discussion ensued regarding a potential amendment to House Bill 09-1336 requiring reconciliation of the number of votes cast with the number of registered voters at the county level, and changing the constitution of canvass boards. Discussion followed regarding the need to establish procedures for the certification of the abstract of votes by a canvass board.
BILL:HB09-1336
TIME: 04:38:31 PM
MOVED:Hullinghorst
MOTION:Moved to amend the printed bill, page 5, strike lines 19 through 26. The motion failed on a 2-8-1 roll call vote.
SECONDED:McCann
VOTE
Casso
No
Court
No
Hullinghorst
Yes
Lambert
No
Massey
No
McCann
Yes
Miklosi
Excused
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


04:41 PM

Representative Hullinghorst explained her reasons for objecting to House Bill 09-1336.
BILL:HB09-1336
TIME: 04:41:37 PM
MOVED:Todd
MOTION:Moved to refer House Bill 09-1336, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 9-1-1 roll call vote.
SECONDED:Casso
VOTE
Casso
Yes
Court
Yes
Hullinghorst
No
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:43 PM -- House Bill 09-1337

Representatives Todd and Murray, prime sponsors presented House Bill 09-1337, concerning changes to certain ballot processing deadlines contained in the state election code. Representative Murray explained the effect of the bill. Representative Murray explained the relationship between the bill and House Bill 09-1336.

04:46 PM

The following persons testified regarding House Bill 09-1337:

04:46 PM -- Mr. Harvie Branscomb, representing Coloradans for Voting Integrity and the Colorado Voter Group, testified regarding the bill. Mr. Branscomb objected to a provision in the bill making its passage contingent upon the passage of House Bill 09-1015, which was previously heard by the committee. Mr. Branscomb also discussed the impact of increasing the time for counting mail-in ballots prior to an election on citizen oversight. Mr. Branscomb clarified his reasons for objecting to House Bill 09-1337, and responded to questions regarding a forthcoming amendment to the bill. Mr. Branscomb discussed his objections to House Bill 09-1015.

04:50 PM -- Ms. Kristen Thomson, representing the Vote by Mail Project, testified regarding House Bill 09-1337. Ms. Thomson explained how mail ballots are processed in Oregon.


04:51 PM -- Clerks Pam Anderson and Hillary Hall, representing the Colorado County Clerks Association, testified in favor of the bill. Ms. Hall explained the relationship between House Bill 09-1337 and House Bill 09-1015, and discussed the position of the association on extending the time period for processing mail ballots prior to an election.

04:54 PM

Representative Murray discussed the public's current access to the ballot counting process for mail ballots prior to an election. Representative Todd explained the effect of prepared amendment L.001 (Attachment E). Discussion ensued regarding the process by which the amendment was drafted.

090421AttachE.pdf
BILL:HB09-1337
TIME: 04:55:49 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment E). The motion passed on an 8-1-2 roll call vote.
SECONDED:Nikkel
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Excused
Massey
Yes
McCann
No
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Not Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


04:59 PM

Representative Hullinghorst discussed her rescission of prepared amendment L.006. Representative Murray explained the effect of prepared amendment L.004 (Attachment F).

090421AttachF.pdf
BILL:HB09-1337
TIME: 05:01:06 PM
MOVED:Murray
MOTION:Moved prepared amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Lambert
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


05:02 PM

Representative Todd provided closing remarks in favor of House Bill 09-1337.
BILL:HB09-1337
TIME: 05:02:54 PM
MOVED:Todd
MOTION:Moved to refer House Bill 09-1337, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:Nikkel
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:04 PM -- Senate Bill 09-248

Representative McNulty, prime sponsor, presented Senate Bill 09-248, concerning contracting surety requirements for public works contracts, and in connection therewith, requiring a bond, letter of credit, or other acceptable surety to be filed and current in each calendar year in which a multiple-year public works contract is to be performed. Representative McNulty explained the effect of the bill. Representative McNulty deferred questions to those signed up to testify.

05:08 PM

The following persons testified regarding Senate Bill 09-248:

05:08 PM -- Ms. Marla Lien, representing the Regional Transportation District, testified in favor of the bill. Ms. Lien discussed pending expansion of the Denver metropolitan area light rail system, and troubles encountered while seeking bonding for the expansion projects. Ms. Lien explained how the bill will improve the surety process for large public works projects. Ms. Lien responded to questions regarding potential cost savings on large projects under the bill.

05:13 PM -- Mr. J. Kevin Shane, representing Marshall McClennon Company, testified in favor of Senate Bill 09-248. Mr. Shane discussed his firm's work, and the inability to secure surety bonds for large construction projects. Mr. Shane then discussed the surety bond amounts for several recent public works projects. Mr. Shane responded to questions regarding recent inflation in the surety bond market.


05:18 PM

No amendments were offered to the bill.
BILL:SB09-248
TIME: 05:18:43 PM
MOVED:Massey
MOTION:Moved to refer Senate Bill 09-248 to the Committee of the Whole with favorable recommendation. The motion passed on a 9-0-2 roll call vote.
SECONDED:Court
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Excused
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:19 PM -- House Bill 09-1328

Representative Pace, prime sponsor, presented House Bill 09-1328, concerning a preference for the purchase of United States steel products by government bodies. Testimony was taken on the bill during the committee's April 16th meeting. Representative Pace requested that the bill be postponed indefinitely, and discussed his reasons for doing so. Representative Pace addressed the issue of sourcing steel products, and suggested that forthcoming federal legislation will resolve certain questions surrounding the issue. Discussion ensued regarding what constitutes an American product. Discussion followed regarding "buy American" statutes enacted in other states.
BILL:HB09-1328
TIME: 05:23:56 PM
MOVED:Massey
MOTION:Moved to Postpone Indefinitely House Bill 09-1328. The motion passed on a 9-0-2 roll call vote.
SECONDED:Lambert
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Excused
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:26 PM -- House Concurrent Resolution 09-1001

Representative Frangas, prime sponsor, presented House Concurrent Resolution 09-1001, concerning the creation of the Colorado Future Fund to help pay for Colorado's infrastructure needs. Representative Frangas explained the effect of the resolution. Representative Frangas responded to questions regarding his collaboration with legislative leadership and the Governor's Office on the resolution. Discussion ensued regarding the prioritization of renewable energy projects over higher education projects with the money diverted under the resolution. Discussion followed regarding the current economic downturn, the need for flexibility with the state budget, and binding future legislatures to certain spending priorities.


05:37 PM

Discussion continued regarding current and future state budgeting and policy priorities.
BILL:HCR 09-1001
TIME: 05:40:27 PM
MOVED:Court
MOTION:Moved to refer House Concurrent Resolution 09-1001 to the Committee on Finance. The motion failed on a 1-8-2 roll call vote.
SECONDED:Casso
VOTE
Casso
Yes
Court
No
Hullinghorst
Excused
Lambert
No
Massey
No
McCann
No
Miklosi
Excused
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 1 NO: 8 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:HCR 09-1001
TIME: 05:41:14 PM
MOVED:Todd
MOTION:Moved to Postpone Indefinitely House Concurrent Resolution 09-1001. The motion passed on a 9-0-2 roll call vote.
SECONDED:Court
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Excused
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Excused
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

05:41 PM

The committee adjourned.