Date: 01/27/2009

Final
BILL SUMMARY for HB09-1069

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment D). Th
Moved to Postpone Indefinitely House Bill 09-1069.
Moved to refer House Bill 09-1069, as amended, to 		Pass Without Objection
PASS
FAIL



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

090127AttachD.pdf

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