Senate Committee on State, Veterans & Military Affairs (02/11/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:	02/11/2009	ATTENDANCE

Time:	01:35 PM to 06:26 PM	Boyd	X
		Cadman	X
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:
SB09-087 SB09-146 SB09-152		Amended, Referred to Appropriations Postponed Indefinitely Postponed Indefinitely

01:36 PM

Senator Williams, Chair, called the meeting to order.

01:36 PM -- Senate Bill 09-087

Senator M. Carroll, prime sponsor, presented Senate Bill 09-087, concerning increased accountability standards for special districts. She said that special districts are being created at a faster pace than any other government type, that the public has very little information regarding the districts in which they live, and that debt is being incurred by these districts. She said that Senate Bill 09-087 will increase the public's knowledge of the administration of special districts and special district elections. She said that Colorado statutes relating to special districts should be updated. She commented on the purposes for which special districts are created.

The following persons testified in regard to Senate Bill 09-087:

01:49 PM -- Evan Goulding, representing the Colorado Special District Association, commented on the types of special districts that have been created in Colorado. He noted that special districts permit taxation of, exclusively, those persons who benefit from the service provided. He noted that these governments have no authority regarding zoning, platting, or law enforcement. Mr. Goulding said that special districts are subject to open meetings laws and state election laws. He said that special district elections are limited to certain time frames. He said that the majority of special districts that are being formed are initiated by developers, and are subject to annual audits. He said that audits specify the potential debt of a district. He commented on the proposal to make mail-in ballots available to electors in special districts. He commented on aspects of Senate Bill 09-087 that could complicate long-term financing plans of districts.

02:18 PM -- Crystal Korrey, representing the Colorado Farm Bureau, opposed Senate Bill 09-087. She said that the measure is unnecessary and burdensome. She said that rural districts are generally the oldest districts in the state. She noted that many district elections are uncontested and that there is no reason to conduct elections in such instances. She said that information required under Senate Bill 09-087 is already available to the public.

02:22 PM -- Carrie Cortiglio, representing the Health District of Northern Larimer County, opposed Senate Bill 09-087. She commented on the request for a quinquennial review in the bill that may be initiated by 100 residents of the district. She said that Senate Bill 09-087 will result in significant costs to the district.

02:25 PM -- Douglas Kemper, representing the Colorado Water Congress, opposed Senate Bill 09-087, and said that Senate Bill 09-087 will be a burden on water districts.

02:27 PM -- Justin Largo, Arvada, representing himself, said that the state now has more than 3,000 governments, and that most of the growth in governments is from the creation of metropolitan districts. He said that there is a problem with authorized, but unissued debt of special districts, and that 21 percent of Colorado special districts have had some sort of warning regarding their debt. He said that special districts elections are "opaque." He said that the preponderance of scheduled special district elections are cancelled. He spoke of information that will be provided to electors under Senate Bill 09-087.

02:33 PM -- Jeff Hare, Platteville, representing himself, said that he lives within a developer-controlled metropolitan district. He commented on the issuance of bonds for the provision of utilities within his community. He said that all of the power for expenditure of funds by the special district is held by the developer. He said that only 10 percent of residential lots in his development have been sold to date. He said that no one in his community was aware of elections that were conducted by the special district in 2008. He said that he initiated a recall election of the three commissioners on his special district board. He said that there should be better accountability on the part of metropolitan districts.

02:55 PM -- David Williams, representing the Libertarian Party of Colorado, supported Senate Bill 09-087, and said that the accountability of special districts is not a partisan issue. He supported the posting of information from special districts on web sites and further supported election reform in Senate Bill 09-087.

02:57 PM -- Duane Senn, Aurora, representing himself, supported Senate Bill 09-087 and said that it will promote transparency on the part of special districts. He said that there are 199 metropolitan districts within the City of Aurora. He supported the mail-in ballot requirement within Senate Bill 09-087.

03:00 PM -- Sheryle Hutter, representing the Equal Justice Foundation, supported Senate Bill 09-087 and said that it will protect property owners in Colorado.

03:02 PM -- Jeff Orrock, representing the Libertarian Party of Colorado, spoke of his personal efforts to provide notice of a special district election. He said that there must be transparency in special district elections and in the administration of special districts.

03:07 PM -- Jenny Flanagan, representing Colorado Common Cause, supported Senate Bill 09-087. She stated support of the creation of an "inclusive election process" for the districts. She supported mail-in ballot elections for special districts and said that this technique dramatically increases participation on the part of eligible electors.

03:15 PM -- Ivan Meek, Louisville, representing himself, supported Senate Bill 09-087. He said that the cost of posting special district elections on a website is minimal.


BILL:	SB09-087
TIME:	03:23:48 PM
MOVED:	Boyd
MOTION:	Moved a prepared amendment to Senate Bill 09-087 (Attachment A), L.001. 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:	SB09-087
TIME:	03:28:23 PM
MOVED:	Boyd
MOTION:	Moved a prepared amendment to Senate Bill 09-087, (Attachment B), L.006 with the words "excessive" and "burden" in the amendment stricken. 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:	SB09-087
TIME:	03:38:04 PM
MOVED:	Bacon
MOTION:	Moved to strike Section #5 of Senate Bill 09-087. 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:	SB09-087
TIME:	03:42:32 PM
MOVED:	Boyd
MOTION:	Moved that Senate Bill 09-087 be referred to the Committee on Appropriations, as amended. The motion passed on a 4-0-1 roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Yes
	Schultheis	Yes
	Bacon	Yes
	Williams	Excused



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

03:57 PM -- Senate Bill 09-146

Senator Schultheis, prime sponsor, presented Senate Bill 09-146, concerning the enforcement of the traffic laws to prevent unlicensed drivers from operating motor vehicles upon the highways. He estimated that as many as 100,000 drivers are operating motor vehicles in Colorado without a valid driver's license. He commented on a recent accident in which a woman was killed who was driving without a license. He commented on similar laws that are in place in the states of Arizona and California.

The following persons testified in regard to Senate Bill 09-146:

04:11 PM -- Cathy Hazouri, representing the American Civil Liberties Union (ACLU), said that the ACLU opposes Senate Bill 09-146 because it makes driving without a license a primary offense in the state and that this will lead to racial and ethnic profiling. She said that Senate Bill 09-146 will deprive persons of property without compensation and that this will lead to litigation. She said that she was forced to drive without a license for three months in 2008 due to the loss of her driver's license. Senator Schultheis said that he does not believe that Senate Bill 09-146 makes it a primary offense to drive without a license. He said that it is not his intent that this crime be a primary offense.

04:19 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, opposed Senate Bill 09-146 due to potential problems it will cause for victims of domestic violence, and in particular undocumented victims. She opposed sections 2 and 3 of Senate Bill 09-146.

04:21 PM -- Maria Moll, representing the Colorado Association of Chiefs of Police, said that Senate Bill 09-146 includes unfunded mandates. She said that the costs of towing a vehicle are rarely covered by fees that are assessed. She commented on the potential for jail crowding under Senate Bill 09-146, and the administrative burden that the bill could drive.

04:29 PM -- Sabrina Karim, representing Rights for All People, said that her organization works with immigrants, and opposed Senate Bill 09-146. She said that this issue should be addressed at the federal level. Senator Schultheis pointed out that Senate Bill 09-146 addresses persons driving without a license and not any particular ethnic group. She said that this is a safety issue that should be addressed by the state. She spoke of situations in which racial profiling has occurred.

04:37 PM -- Thomas Ogas, representing LARASA, opposed Senate Bill 09-146, and said that the bill includes a racial profiling component. He said that it would be a "black eye on Colorado" to enact these requirements. He commented on fees that are assessed against persons whose vehicles are towed.

04:45 PM -- John Brick, representing the Colorado Alliance for Immigration Reform, said that he worked on the petition drive to put this issue on the municipal ballot in Denver. He said that Senate Bill 09-146 does not address any particular ethnic group. He supported the bill.

04:49 PM -- Stan Weeks, representing the Colorado Association for Immigration Reform, said that driving without a license is a safety issue and that he suspects that drivers without a driver's license also lack insurance. He commented on drivers in the state who are operating under restraint and who have no license. He said that the City of Denver is able to operate their impoundment program at a profit. He said that the ordinance language was drafted to allow flexibility in the assessment of impoundment fees based on the characteristics of the vehicle.

05:00 PM -- Paul Lopez, representing Denver City Council District 3, opposed Senate Bill 09-146. He commented on the composition of his council district. He said that Senate Bill 09-146 "is bad policy" and is similar to Proposition 100 that was adopted by the voters of the City of Denver. He said that Senate Bill 09-146 will remove discretion from police officers and result in much time spent waiting for tow trucks.

05:07 PM -- Cheyenne Hughes, representing the Colorado Progressive Coalition, opposed Senate Bill 09-146. He said that the main issue that should be addressed in this regard is the question of how drivers can obtain a driver's license and insurance in Colorado.

05:11 PM -- Art Way, representing the Colorado Progressive Coalition, said that he believes that Senate Bill 09-146 will result in racial profiling. He said that the bill could result in abuse of discretion and excessive costs to jurisdictions throughout the state.


BILL:	SB09-146
TIME:	05:22:07 PM
MOVED:	Schultheis
MOTION:	Moved a prepared amendment to Senate Bill 09-146 (Attachment C), L.001. 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:	SB09-146
TIME:	05:22:23 PM
MOVED:	Schultheis
MOTION:	Moved a prepared amendment to Senate Bill 09-146 (Attachment D), L.002. The motion failed on a 2-3-0 roll call vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Yes
	Schultheis	Yes
	Bacon	No
	Williams	No


Not Final YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-146
TIME:	05:26:56 PM
MOVED:	Schultheis
MOTION:	Moved that Senate Bill 09-146 be referred to the Committee on Appropriations, as amended. The motion failed on a 2-3-0 roll call vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Yes
	Schultheis	Yes
	Bacon	No
	Williams	No


Not Final YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-146
TIME:	05:30:20 PM
MOVED:	Boyd
MOTION:	Moved that Senate Bill 09-146 be postponed indefinitely and that the previous roll call be reversed. The motion passed without objection and the roll call was reversed.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	No
	Schultheis	No
	Bacon	Yes
	Williams	Yes

Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:33 PM -- Senate Bill 09-152

Senator Kopp, prime sponsor, presented Senate Bill 09-152, concerning a requirement that vacancies in the office of United States Senator be filled by a vacancy election. He said that Senate Bill 09-152 puts in place language addressing such elections for members of the U.S. House of Representatives. He said that there is a national movement in this regard and that the issue is not political.

The following person testified on Senate Bill 09-152:

05:38 PM -- Jenny Flanagan, representing Colorado Common Cause, supported Senate Bill 09-152, and said that the electors should have the opportunity to elect those who represent them.. She said that appointment of persons to fill such vacancies disenfranchises the voters. She said that Colorado Common Cause is supporting this cause at the federal level.

05:44 PM

Senator Kopp commented on the requirement to elect persons to replace vacancies in the U.S. House of Representatives. He described the historical development of current procedures for filling vacancies. He commented on the 17th amendment to the U.S. Constitution allowing the direct election of U.S. Senators. He noted that, currently Governors in more than 30 states have the authority to appoint persons to fill vacancies in the office of U.S. Senators and that this runs counter to the intent of the 17th Amendment. He said that this practice is an anachronism. He noted that the Colorado Governor cannot appoint a person to the Public Utilities Commission without Colorado Senate confirmation, however, the Governor can unilaterally appoint a person to fill a vacancy in the Office of U.S. Senator. He said that there are instances in which nepotism has occurred in the filling of such vacancies. He commented on efforts to address this problem at the federal level. He said that the authors of the Federalist Papers viewed the U.S. Senate as a stabilizing force in government. He cited language from the Federalists Papers supporting the concept of election of U.S. Senators.

06:03 PM

Senator Bacon said that it is ironic that safe seats in the U.S. House of Representatives have rendered that chamber relatively more stable than the U.S. Senate. Senator Kopp said that the General Assembly should act to effect the intent of the 17th amendment, and should take a long-term view and consider the intent of the framers of the Constitution.


BILL:	SB09-152
TIME:	06:16:38 PM
MOVED:	Cadman
MOTION:	Moved that Senate Bill 09-152 be referred to the Committee of the Whole. The motion failed on a 2-3-0 roll call vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Yes
	Schultheis	Yes
	Bacon	No
	Williams	No


Not Final YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-152
TIME:	06:25:48 PM
MOVED:	Bacon
MOTION:	Moved that Senate Bill 09-152 be postponed indefinitely and that the roll call of the prior motion be reversed. The motion passed without objection and the roll call was reversed.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	No
	Schultheis	No
	Bacon	Yes
	Williams	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:26 PM

The committee meeting adjourned.