Senate Committee on State, Veterans & Military Affairs (03/25/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:	03/25/2009	ATTENDANCE

Time:	01:34 PM to 03:46 PM	Boyd	X
		Cadman	E
Place:	SCR 353	Schultheis	X
		Bacon	X
This Meeting was called to order by		Williams	X
	Senator Williams

This Report was prepared by
	Geoff Johnson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1248 HB09-1299		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:34 PM

Senator Williams, Chair, called the meeting to order.

01:34 PM -- House Bill 09-1248

Senator Shaffer, prime sponsor, presented House Bill 09-1248, concerning the modification of laws applicable to the conduct of business in Colorado. He said that House Bill 09-1248 makes technical changes regarding extension of the life of a corporation, changes requirements for filing annual reports, eliminates the requirement that the Department of State mail notices of delinquency in certain situations, clarifies requirements for persons to be admitted as a partner in a general or limited partnership, and modifies requirements for boards of directors of nonprofit corporations to take action without a meeting.

The following persons testified in regard to House Bill 09-1248:

01:38 PM -- Bob Keating, representing the Colorado Bar Association, said that House Bill 09-1248 is part of an ongoing effort of the Bar Association to make the business incorporation laws of Colorado helpful and efficient. He commented on provisions of House Bill 09-1248 affecting limited partnerships and on the role of "non-equity partners" in law firms.

01:58 PM -- Mark Turner, representing the Colorado Nonprofit Association, supported House Bill 09-1248.

02:00 PM -- Sarah Steinbeck, representing the Colorado Department of State, supported House Bill 09-1248, and commented on the issuance of notices of delinquency. She also discussed requirements for the filing of annual reports.

02:04 PM -- Scott Holwick, representing the Left Hand Water District, supported House Bill 09-1248, and addressed the appointment of ditch company directors.


BILL:	HB09-1248
TIME:	02:14:45 PM
MOVED:	Bacon
MOTION:	Moved a prepared amendment to House Bill 09-1248, L.001 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Schultheis
	Bacon
	Williams


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


BILL:	HB09-1248
TIME:	02:15:01 PM
MOVED:	Bacon
MOTION:	Moved a prepared amendment to House Bill 09-1248, L.002 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Schultheis
	Bacon
	Williams


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


BILL:	HB09-1248
TIME:	02:16:18 PM
MOVED:	Bacon
MOTION:	Moved that House Bill 09-1248 be referred to the Committee of the Whole, as amended, and with a recommendation that it be placed on the Consent Calendar. The motion passed on a 4-0-1 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Excused
	Schultheis	Yes
	Bacon	Yes
	Williams	Yes

Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:15 PM -- House Bill 09-1299

Senator Romer, prime sponsor, presented House Bill 09-1299, concerning adoption of an agreement among the states to elect the President of the United States by national popular vote. He said that the state should ensure that every vote counts, and that "the situation that occurred in 2000 should never be repeated." He noted that House Bill 09-1299 will be implemented through an interstate compact and that the states have the authority to determine the method by which electoral votes are allocated. He said that the bill will not diminish the importance of Colorado in national elections. Senator Schultheis said that be thinks House Bill 09-1299 will reduce the influence of the state in national politics. Senator Bacon commented on the establishment of the Electoral College and said that House Bill 09-1299 will bring about equal weighting of votes for President across the nation.

The following persons testified in regard to House Bill 09-1299:

02:26 PM -- Mark Grueskin, representing National Popular Vote, supported House Bill 09-1299, and said that the decision to determine the allocation of presidential electoral votes is exclusively within the province of the state legislatures. He noted that the states of Hawaii, Illinois, New Jersey and Maryland have adopted provisions establishing a popular vote for President. He said that Colorado has been a battleground state infrequently in the last three decades, and that states that have an influx of population will receive more attention nationally in the future.

02:39 PM -- Professor Robert Hardaway, Denver, representing himself, said that the states should not undermine the current system for electing the President of the United States. He opposed House Bill 09-1299 and said that he supports the Electoral College in the United States. He stated his belief that the current system is much more likely to elect a President who will have the support of the majority of the populace in the United States.

03:01 PM -- Wayne Pretti, Englewood, representing himself, opposed House Bill 09-1299, and said that the committee should kill House Bill 09-1299. He said that the states have the ability to petition for the change sought in House Bill 09-1299, and that the bill will circumvent the will of the people of the state.

03:05 PM -- Professor Jim Riley, Westminster, representing himself, said that House Bill 09-1299 will move the nation in the direction of instability. He said that the proposal is dangerous and that the Compact Clause of the U.S. Constitution should not be used a device to effect fundamental constitutional change. He added that the proposal is unconstitutional, devious, and "a terrible idea."

03:13 PM -- Todd Shepherd, Westminster, representing himself, said that House Bill 09-1299 will give more weight to voters who live in urban areas. He said that the bill will destroy the Electoral College and will result in the election of a President with only 20 percent of the vote. He added that the system produced by the bill will eliminate coalition building in Presidential elections.

03:20 PM -- Amy Cooke, Greeley, representing herself, said that she was present at the committee meeting to defend the Electoral College. She noted that the public has rejected this proposal in the past and said that the Electoral College prevents the state "from being held hostage to the whims of New York or California."

03:25 PM -- Mr. Grueskin returned to the table and said that the federal Interstate Compact Clause does not permit vote recounts. He said that recounts are only entertained if there are sufficient votes that could be changed as to change the result of an election. He commented on the function of the Electoral College and said that the concerns that have been raised are unrealistic.

03:30 PM -- Ted Trimpa, representing National Popular Vote, supported House Bill 09-1299. He commented on the potential for proliferation of third parties under the bill and said that there is more fragmentation of the vote under the current system than there would be under a popular vote. He said that it is very unlikely that a candidate could win under a popular vote with less than 40 percent of the votes cast. He said that national elections should treat every vote equally. He said that the state will not be giving anything away under the Interstate Compact System and that the state will always have the opportunity to back out of the plan in the future if needed. He said that the proposal will be found to be constitutional.


BILL:	HB09-1299
TIME:	03:45:23 PM
MOVED:	Bacon
MOTION:	Moved that House Bill 09-1299 be referred to the Committee of the Whole. The motion passed on a 3-1-1 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Excused
	Schultheis	No
	Bacon	Yes
	Williams	Yes


Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:46 PM

The committee meeting adjourned.