House Committee on State, Veterans, & Military Affairs (01/27/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	01/27/2009	ATTENDANCE

Time:	01:32 PM to 05:29 PM	Casso	X
		Court	X
Place:	HCR 0112	Hullinghorst	X
		Lambert	*
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	X
		Miklosi	*
This Report was prepared by		Murray	X
	Bo Pogue	Nikkel	X
		Labuda	*
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1064 HB09-1069 HB09-1045 HB09-1146		Amended, Referred to Appropriations Postponed Indefinitely Amended, Referred to the Committee of the Whole Postponed Indefinitely

01:32 PM -- House Bill 09-1064

The committee was called to order. A quorum was present. Representative Kefalas, prime sponsor, presented House Bill 09-1064, concerning creating a legislative committee to study poverty issues, and, in connection therewith, establishing the economic opportunity poverty reduction task force for the purpose of advancing economic opportunity while reducing child and family poverty. Representative Kefalas discussed the purpose and effect of the bill, and discussed a letter distributed to the committee members authored by the Northern Colorado Economic Development Corporation (Attachment A). The letter explains the merits of the task force created by the bill and contains a list of organizations endorsing the bill. Representative Kefalas discussed certain efforts already underway to combat poverty, and listed the issues to be addressed by the task force. Discussion ensued regarding the recent growth rate in child poverty in Colorado, and the importance of fiscal education to poverty reduction.

01:42 PM

Discussion ensued regarding the element of partisanship in the creation of the poverty reduction task force under the bill, and the appointments to the task force.

01:47 PM

The following persons testified regarding House Bill 09-1064:

01:48 PM -- Mr. Herb Covey, representing Adams County Social Services, testified in opposition to the bill. Mr. Covey discussed the need for more involvement by the counties in poverty reduction efforts such as the poverty reduction task force created by the bill, and expressed concerns over potential unfunded mandates directed toward the counties as a result of the bill. Mr. Covey responded to questions regarding his vision for including county input in the poverty reduction task force, and efforts on the part of the counties to address poverty issues through creation of a task force. Mr. Covey responded to further questions regarding the types of unfunded mandates about which he is concerned.

01:55 PM -- Ms. Chaer Robert, representing the All Families Deserve a Chance Coalition, testified in favor of House Bill 09-1064. Ms. Robert explained the work performed by her coalition. Ms. Robert then discussed the needs of the impoverished and services available to those with needs, and explained how creating a poverty reduction task force will help service providers assist those with needs.

01:59 PM -- Ms. Patricia Ramirez, representing 9 to 5 National Working Women, testified in favor of the bill. Ms. Ramirez discussed her struggles to escape poverty, and the challenges facing those who are attempting self-sufficiency. Ms. Ramirez then discussed the impact of the recent economic downturn on those in poverty, and provided specific examples of ways in which constructive assistance can be provided to those in need. Ms. Ramirez explained the "cliff effect," which describes the impact of being caught between thresholds for qualifying for certain public assistance programs.

02:07 PM -- Ms. Mary Atchison, representing Pathways Past Poverty, testified in favor of House Bill 09-1064. Ms. Atchison discussed certain challenges faced by low-income families in maintaining eligibility for public assistance programs as they strive for self-sufficiency. Ms. Atchison then discussed the need for organizations to work together to reduce poverty, and specific ways in which such organizations can advance poverty reduction. Ms. Atchison responded to questions regarding the term "economic justice," and what her organization feels will constitute sustained self-sufficiency on the part of low-income families.

02:15 PM -- Ms. Megan Ferland, representing the Colorado Children's Campaign, testified in favor of the bill. Ms. Ferland provided examples of situations facing low-income individuals, and discussed the importance of creating a task force to address poverty issues. Ms. Ferland also discussed the child poverty rate in Colorado, and issues associated with child poverty. Ms. Ferland then discussed the educational achievement gap among the children of low-income families, as compared to those with greater financial means, and the burdens faced by parents in trying to place children in daycare.

02:25 PM -- Ms. Patricia Wilson-Pheanious, representing the Denver Department of Human Services, testified in favor of House Bill 09-1064. Ms. Wilson-Pheanious discussed poverty reduction successes experienced by Connecticut as a result of the creation of a poverty reduction task force similar to the task force proposed by the bill. Ms. Wilson-Pheanious addressed the issues of unfunded mandates on the counties, as discussed in previous testimony, and imparted certain lessons learned by the Connecticut poverty reduction task force. Ms. Wilson-Pheanious closed by explaining the benefits of creating a poverty reduction task force. Ms. Wilson-Pheanious responded to questions regarding the rates of poverty reduction realized by Connecticut as a result of the creation of a poverty reduction task force. Ms. Patricia Wilson-Pheanious responded to further questions regarding the potential for county officials to provide input to the task force created by the bill.

02:36 PM -- Mr. Brad Wood, representing Lutheran Advocacy Ministry Colorado, the Colorado Episcopal Public Policy Network, the Colorado Catholic Conference, and Hunger for Justice Interfaith Voices Against Poverty, testified in favor of the bill. Mr. Wood provided clarification regarding testimony he provided at a previous meeting. Mr. Wood then discussed the benefits of bringing together public service organizations to address problems associated with poverty.

02:39 PM -- Ms. Laurie Harvey, representing the Center for Work, Education, and Employment, testified in favor of House Bill 09-1064. Committee members received written copies of Ms. Harvey's testimony (Attachment B). Ms. Harvey discussed the work performed by her organization, and how the poverty reduction task force can facilitate solutions for the low-income individuals served by her organization.

02:41 PM -- Ms. Cathy Alderman, representing Planned Parenthood of the Rocky Mountains, testified in favor of the bill. Ms. Alderman expressed the desire of her organization to work with the task force in its poverty reduction efforts.

02:42 PM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of House Bill 09-1064. Ms. Gross discussed the poverty rate among those with disabilities.

02:43 PM

Representative Kefalas discussed the effect of prepared amendment L.001 (contained in Attachment C, along with a memorandum explaining the fiscal impact of the amendment, prepared by Legislative Council Staff). Discussion ensued regarding the duration of the poverty reduction task force, and the fiscal impact of the bill.


BILL:	HB09-1064
TIME:	02:48:50 PM
MOVED:	Hullinghorst
MOTION:	Moved prepared amendment L.001 (contained in Attachment C). 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

02:49 PM

Ms. Brita Darling, Office of Legislative Legal Services, provided testimony regarding the potential for amending the bill to sunset the poverty reduction task force created by the bill in five years, reduced from the current ten year sunset.


BILL:	HB09-1064
TIME:	02:52:32 PM
MOVED:	Massey
MOTION:	Moved a conceptual amend to sunset the Economic Opportunity Poverty Reduction Task Force on July 1, 2014. 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

02:53 PM

Discussion ensued regarding the potential for further amending House Bill 09-1064 to change the structure of the poverty reduction task force. Discussion followed regarding the fact that the poverty reduction task force created by the bill will be considered an interim committee subject to the selection process involving legislatively created interim committees. Representative Kefalas provided closing remarks in favor of the bill.


BILL:	HB09-1064
TIME:	02:56:30 PM
MOVED:	Hullinghorst
MOTION:	Moved to refer House Bill 09-1064, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

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

02:57 PM -- House Bill 09-1069

The committee recessed.

03:01 PM

The committee returned to order. Representative Stephens, prime sponsor, presented House Bill 09-1069, concerning the crime of withdrawing an initiative petition for compensation, and making an appropriation in connection therewith. Representative Stephens provided background regarding previous efforts to penalize the withdrawal of initiative petitions in circumstances in which money changes hands. Representative Stephens then discussed the function and benefits of the bill.

03:07 PM

The following persons testified regarding House Bill 09-1069:

03:08 PM -- Mr. Tim Quinn, representing the Colorado Bar Association, testified in opposition to House Bill 09-1069. Mr. Quinn discussed the chilling effect that the bill would have on political speech, and presented a number of scenarios under which this may occur. Discussion ensued regarding the connection between money and political speech, as it pertains to both political campaign contributions and initiatives, and the impropriety of individuals and entities offering money to initiative proponents to remove initiatives from the ballot. Discussion followed regarding the specific constitutional ramifications of the bill.

03:19 PM

Discussion continued regarding the manner in which House Bill 09-1069 may have a chilling effect on political speech.

03:20 PM -- Mr. Mark Grueskin, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Grueskin discussed the speech and expression guarantees contained in both the U.S. and Colorado constitutions, the criminalization of speech activities by the bill, and the bill's equal protection ramifications. Discussion ensued regarding the lack of a paid party in circumstances where fiscal concerns result in the withdrawal of an initiative from the ballot. Mr. Grueskin responded to questions regarding the ability to amend the Colorado constitution in order to place certain restrictions on the ability to use money to influence initiative withdrawal.

03:27 PM -- Mr. Ken Buck, representing the Weld County District Attorney's Office, testified in favor of House Bill 09-1069. Mr. Buck cited certain state laws deemed analogous to the activities that the bill seeks to restrict, and suggested that allowing money to be exchanged for removal of an initiative from the ballot is unethical. Discussion ensued regarding the potential for corruption and negative influence to reach issue committees, and the need to change the current initiative system to eliminate the appearance of corruption.

03:34 PM -- Mr. Jon Caldara, representing himself, testified in favor of the bill. Mr. Caldara discussed the benefits of the initiative process, and the events during the run-up to the recent general election that resulted in the removal of an initiative from the ballot. Mr. Caldara then made a comparison between vote trading and buying during the legislative process to withdrawal of initiative petitions for compensation, and addressed the issue of political speech in connection with the bill. Mr. Caldara responded to questions regarding certain instances in which compensation was offered for withdrawal of an initiative during the recent general election, and the potential uses of the money offered.

03:44 PM

Discussion ensued regarding the point in time at which removal of an initiative petition from the balloting process would, or should, become illegal under House Bill 09-1069. Discussion returned to the circumstances surrounding the offering of compensation to remove an initiative from the ballot during the recent general election.

03:50 PM -- Mr. Geoff Blue, representing the Colorado Attorney General, testified in favor of House Bill 09-1069. Mr. Blue discussed the events that led to the removal of an initiative from the ballot during the recent general election. Mr. Blue then addressed the free speech element associated with the bill, and the appearance of impropriety inherent to compensation for removal of an initiative from the ballot. Mr. Blue responded to questions regarding existing criminal statutes that might prohibit such activity, such as bribery statutes. Mr. Blue clarified the Attorney General's position on the bill.

03:56 PM -- Mr. Steve Schreiner, representing the Firearms Coalition of Colorado, testified in favor of the bill. Mr. Schreiner discussed the potential impact of initiative withdrawal for compensation on voter participation.

03:58 PM -- Clerk Bob Balink, El Paso County Clerk, made himself available to the committee to answer questions at the request of the committee. Clerk Balink responded to questions regarding the timing of the initiative process.

04:00 PM

Representative Stephens discussed the criminal provisions of House Bill 09-1069, and the effect of prepared amendment L.001 (Attachment D).


BILL:	HB09-1069
TIME:	04:01:16 PM
MOVED:	Labuda
MOTION:	Moved prepared amendment L.001 (Attachment D). 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

04:01 PM

Discussion ensued regarding the potential to amend the bill to address certain issues brought up during public testimony. Discussion followed regarding the impact of House Bill 09-1069 on political speech, and the potential for legal action to result if the bill were to pass. Discussion turned to the appearance of corruption in the initiative process, and the potential for requesting an opinion on political speech issues from the Office of Legislative Legal Services. Mr. Dan Cartin, Office of Legislative Legal Services, provided input on the impact of the bill on protected speech. Representative Lambert commented on instances where certain political activities are forbidden by law, and spoke in favor of the bill. Discussion ensued regarding the ramifications of the activities that took place resulting in the removal of an initiative from the ballot during the 2008 general election.

04:13 PM

Representative Stephens provided closing remarks in favor of House Bill 09-1069, discussing the impact of the recent events noted earlier and stressing the importance of the bill. Representative Stephens then discussed the constitutionality of the bill, and the need to address the issue of money being traded for the removal of an initiative from the ballot.


BILL:	HB09-1069
TIME:	04:19:09 PM
MOVED:	Lambert
MOTION:	Moved to refer House Bill 09-1069, as amended, to the Committee on Appropriations. The motion lost on a 5-6 roll call vote.
SECONDED:	Nikkel
		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


BILL:	HB09-1069
TIME:	04:21:20 PM
MOVED:	Labuda
MOTION:	Moved to Postpone Indefinitely House Bill 09-1069. The motion passed on a 6-5 roll call vote.
SECONDED:	Todd
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	No
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:22 PM -- House Bill 09-1045

Representative Casso, prime sponsor, presented House Bill 09-1045, concerning recognition of September 11 as an optional state holiday. Representative Casso discussed the merits of creating an optional state holiday on September 11th, and the impact such a day may have on public observance of the events of September 11, 2001. Representative Casso responded to questions regarding how the optional holiday will function for state employees, and the impact the holiday may have on state agency functions.

04:28 PM

No one signed up to testify regarding the bill. Representative Labuda explained the effect of prepared amendment L.001 (Attachment E).


BILL:	HB09-1045
TIME:	04:29:17 PM
MOVED:	Labuda
MOTION:	Moved prepared amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Casso
		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

04:30 PM

Representative Casso provided closing remarks in favor of House Bill 09-1045.


BILL:	HB09-1045
TIME:	04:30:33 PM
MOVED:	Casso
MOTION:	Moved to refer House Bill 09-1045, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Labuda
		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

04:31 PM -- House Bill 09-1146

Representative McNulty, prime sponsor, presented House Bill 09-1146, concerning a requirement to provide proof of citizenship to register to vote. Representative McNulty discussed instances of voter registration fraud prior to the most recent general election, and the need to pass the bill to ensure that only eligible voters participate in the process. Representative McNulty discussed legislation passed in Arizona similar to House Bill 09-1146, and the impact of that legislation on the voting process. Discussion ensued regarding the importance of requiring documentation in the voting process. Representative McNulty responded to questions regarding current identification requirements when registering to vote.

04:38 PM

The following persons testified regarding House Bill 09-1146:

04:38 PM -- Clerk Bob Balink, representing El Paso County as the clerk and recorder, testified in favor of the bill. Committee members received an editorial from the Denver Post in favor of requiring proof of citizenship to register to vote (Attachment F), an Aurora Sentinel article regarding noncitizens who have illegally voted (Attachment G), and an article authored by Clerk Balink in favor of requiring proof of citizenship to register to vote (Attachment H). Clerk Balink explained the statutory requirements pertaining to voter registration, and discussed instances in which fraud may have occurred during the voter registration process in El Paso County. Clerk Balink responded to questions regarding how these instances of potential fraud were discovered, and the potential for prosecuting the individuals involved. Clerk Balink discussed certain issues pertaining to the law now in place in Arizona that is similar to House Bill 09-1146.

04:48 PM

Clerk Balink discussed a poll conducted in El Paso County regarding ballot access and eligibility. Clerk Balink responded to questions regarding the number of registered voters in El Paso County, and work done in the county to identify populations that may have difficulty complying with the identification requirements contained in House Bill 09-1146. Clerk Balink returned the discussion to the poll cited previously, and responded to additional questions regarding identification of those individuals who may have committed voter registration fraud in El Paso County.

04:52 PM -- Ms. Grace Lopez-Ramirez, representing Mi Familia Vota, testified in opposition to the bill. Ms. Lopez-Ramirez discussed the work performed by her organization, and the limitations on the ability to register to vote that would be placed on certain populations if the bill were to pass. Ms. Lopez-Ramirez then explained how the bill addresses a problem that does not exist, and the importance of training workers engaged in voter registration drives to impart the right information to those registering.

04:55 PM -- Ms. Rachel Chaparro, representing the Latina Initiative, testified in opposition to House Bill 09-1146. Ms. Chaparro discussed the burdens that would be placed on those seeking to register to vote, as well as the financial burden on government and those organizations engaged in voter registration drives. Ms. Chaparro then referenced the proof of citizenship self-verification on the state's voter registration form.

04:59 PM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in opposition to the bill. Ms. Gross discussed the barriers to registering to vote that would be placed on certain populations under the bill. Ms. Gross responded to questions regarding attempts by her organization to verify citizenship when registering individuals to vote, and screening for mental incapacity when engaging in such registration work. Ms. Gross responded to further questions regarding current identification requirements under state and federal law when an individual registers to vote.

05:06 PM -- Ms. Elena Nunez, representing Common Cause, testified in opposition to House Bill 09-1146. Ms. Nunez discussed how the bill would place barriers on the ability of certain populations to vote, and the lack of a trend in voter registration attempts by noncitizens.

05:09 PM -- Ms. Carol Tone, representing the League of Women Voters, testified in opposition to the bill. Ms. Tone discussed the self-affirmation of citizenship requirements of voter registration, the penalties already in place for registering to vote by noncitizens, and the overall lack of vote fraud by noncitizens. Ms. Tone also discussed the need for universal voter registration, and the burdens that would be placed on individuals by the bill. Ms. Tone responded to questions regarding universal voter registration.

05:12 PM -- Ms. Linda Olson, representing Colorado Legal Services, testified in opposition to House Bill 09-1146. Ms. Olson discussed efforts by her organization to secure certain documentation for legal citizens who have lost or were never issued such documentation. Committee members were handed copies of written testimony prepared by Cathryn Hazouri, American Civil Liberties Union of Colorado (Attachment I). Ms. Hazouri did not testify in person.

05:15 PM

Representative McNulty discussed the effect of prepared amendment L.001 (Attachment J). Representative McNulty responded to questions regarding the inability of persons to reach the Secretary of State's office to provide proof of citizenship. Mr. Richard Coolidge, representing the Secretary of State, clarified the secretary's position on the amendment. Representative McNulty responded to questions regarding the potential elimination of the intent of the bill by rules that would be promulgated under amendment L.001.


BILL:	HB09-1146
TIME:	05:15:39 PM
MOVED:	Nikkel
MOTION:	Moved prepared amendment L.001 (Attachment J). 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

05:22 PM

Representative McNulty provided closing remarks in favor of House Bill 09-1146, addressing objections to the bill raised during public testimony. Representative McNulty then discussed the need to combat voter registration fraud. Representative Labuda read a statement authored by Clerk Stephanie O'Malley, Denver Clerk and Recorder, in opposition to the bill.


BILL:	HB09-1146
TIME:	05:27:38 PM
MOVED:	Lambert
MOTION:	Moved to refer House Bill 09-1146, as amended, to the Committee on Appropriations. The motion failed on a 4-7 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	No
	Miklosi	No
	Murray	Yes
	Nikkel	Yes
	Labuda	No
	Todd	No

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1146
TIME:	05:28:47 PM
MOVED:	Labuda
MOTION:	Moved to Postpone Indefinitely House Bill 09-1146. The motion passed on a 7-4 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:29 PM

The committee adjourned.