House Committee on State, Veterans, & Military Affairs (03/10/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	03/10/2009	ATTENDANCE

Time:	01:33 PM to 03:47 PM	Casso	X
		Court	X
Place:	HCR 0112	Hullinghorst	*
		Lambert	X
This Meeting was called to order by		Massey	E
	Representative Todd	McCann	X
		Miklosi	E
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:
SB09-088 HB09-1015		Referred to Appropriations Amended, Referred to the Committee of the Whole

01:33 PM -- Senate Bill 09-088

The committee was called to order. A quorum was present. Representative Ferrandino, prime sponsor, presented Senate Bill 09-088, concerning the extension of state employee group benefits to domestic partners of state employees. Representative Ferrandino explained the bill's effect, and discussed his reasons for sponsoring the legislation. Representative Ferrandino responded to questions regarding his contention that the bill will help the state be more competitive in the labor marketplace, and the fiscal impact of the bill. Discussion ensued regarding the fiscal impact of Senate Bill 09-088, and the source of funding to cover the cost of the bill. The discussion included the method by which the number of domestic partners projected to take advantage of the bill's benefits was determined in the fiscal note.

01:43 PM

Discussion continued regarding the fiscal impact of Senate Bill 09-088.

01:45 PM

The following persons testified regarding Senate Bill 09-088:

01:45 PM -- Mr. Jim Hagan, representing himself, testified in opposition to the bill. Mr. Hagan first discussed the efficacy of state health benefits. Mr. Hagan then discussed tax burdens at various levels of government, and the impact the bill's cost will have on the provision of other government services, particularly in light of the economic downturn. Mr. Hagan also discussed the impact of rising tax burdens on the poor. Mr. Hagan then questioned the need for the legislation, and the potential for additional future expenses if the bill were to pass. Mr. Hagan addressed the contention that the bill will improve the state's competitiveness in the labor marketplace, and the potential for voter disapproval of the bill. Discussion ensued regarding the ability of the legislature to raise taxes.

01:55 PM -- Mr. Stephen Jimenez, representing himself, testified in opposition to Senate Bill 09-088. Mr. Jimenez discussed his professional background, the public's perception of the current economic climate, and the continued burdening of the taxpayer by fees and taxes. Mr. Jimenez then discussed the bill's obstruction of the people's will, and the potential for a political backlash if the bill were to pass. Finally, Mr. Jimenez discussed the nation's bankrupting by legislatures. Discussion ensued regarding the bill's lack of a safety clause, and the defeat of a statewide initiative that would have recognized same-sex civil unions.

02:06 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in opposition to the bill. Ms. Kraska discussed the importance of marriage to society, and opposed the equivocation of marital and nonmarital unions. Discussion ensued regarding the criteria that must be met to qualify for domestic partner benefits under the bill, and how these criteria would be verified. The discussion included consideration of the rulemaking authority granted by the bill to the Department of Personnel and Administration.

02:14 PM -- Ms. Jessica Langfeldt, representing Colorado Family Action, testified in opposition to Senate Bill 09-088. Ms. Langfeldt discussed discrimination by the bill against certain partnerships not covered by the bill, and the expression of the voters that a marriage is constituted of one man and one woman. Ms. Langfeldt responded to questions regarding the types of domestic partnerships that are not covered by the bill. Discussion ensued regarding Colorado Family Action's proposal that Colorado adopt a "plus one" policy for state employees, whereby such employees could choose one member their households as beneficiaries. Discussion followed regarding the bill's definition of domestic partner.

02:25 PM -- Mr. Bob Bongiovanni, representing Colorado WINS, testified in support of the bill. Mr. Bongiovanni discussed his domestic partnership situation, how his partnership would benefit from the extension of health benefits to same-sex partners of state employees, and the benefits that would accrue to the state were such health benefits to be extended. Mr. Bongiovanni also discussed the beneficial impact of Senate Bill 09-088 on the ability of the state to attract quality employees.

02:30 PM -- Ms. Lucia Guzman, representing the City and County of Denver, testified in support of Senate Bill 09-088. Ms. Guzman discussed the fairness, human rights, and diversity implications of the legislation. Ms. Guzman also discussed Denver's experience with extending group benefits to domestic partnerships. Ms. Guzman responded to questions regarding the fiscal impact of extending these benefits in Denver, and whether Denver considered a "plus one" group benefits system. Ms. Guzman responded to further questions regarding how Denver verifies domestic partnerships, how Denver defines domestic partnerships, and the rate at which these benefits are used in Denver.

02:40 PM

Discussion continued regarding the definition of domestic partnership in Denver.

02:41 PM -- Ms. Kelly Shanahan, representing the Colorado Consumer Health Initiative, testified in favor of the bill. Ms. Shanahan discussed the initiative, and the importance of health insurance to all individuals.

02:43 PM -- Ms. Joyce Rubin, representing the Anti-Defamation League, testified in support of Senate Bill 09-088. Ms. Rubin discussed equitable treatment for same-sex partnerships under the bill, and the extension of group benefits to domestic partners by other governments and private employers.

02:45 PM -- Ms. Angela Williams, representing the Colorado Black Chamber of Commerce, testified in favor of the bill. Ms. Williams related a situation in Denver where a city employee took advantage of that city's domestic partnership group benefits.

02:48 PM -- Ms. Lorena Garcia, representing 9 to 5, testified in favor of Senate Bill 09-088. Ms. Garcia discussed equitable treatment for domestic partnerships by the bill, and explained how the state will become more competitive in the labor marketplace as a result of the extension of domestic partnership group benefits.

02:50 PM -- Ms. Jacquelyn Kilmer, representing Colorado AIDS Project and Colorado Organizations Responding to AIDS, testified in favor of the bill. Ms. Kilmer discussed the extension of fairness and equity by the bill, and the need to extend the scope of health care coverage. Discussion ensued regarding the potential fiscal impact of Senate Bill 09-088, and the prevalence of HIV/AIDS among state employees.

02:54 PM -- Ms. Mindy Barton, representing Equal Rights Colorado, testified in favor of Senate Bill 09-088, discussing the benefits to be realized by the bill's passage. Ms. Barton discussed the fiscal impact of the bill, and the process by which domestic partnerships are verified under the bill. Ms. Barton also discussed putting the needs of state workers first. Discussion returned to the fiscal impact of the bill, and how it will differ from costs associated with domestic partnership benefits coverage by other governments.

03:00 PM

Representative Ferrandino provided closing remarks in favor of Senate Bill 09-088.


BILL:	SB09-088
TIME:	03:00:37 PM
MOVED:	Labuda
MOTION:	Moved to refer Senate Bill 09-088 to the Committee on Appropriations with favorable recommendation. The motion passed on a 6-3-2 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Excused
	McCann	Yes
	Miklosi	Excused
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:02 PM -- House Bill 09-1015

Representative Murray, prime sponsor, presented House Bill 09-1015, concerning certain actions taken by the designated election official in conducting primary elections. The committee heard testimony on the bill at its January 22nd meeting. Representative Murray explained her reasons for sponsoring the legislation and discussed the effect of the bill. Representative Murray confined her remarks to prepared amendment L.014 (Attachment A), a strike-below amendment. Representative Murray explained the changes made by the amendment, compared to the introduced version of the bill, and discussed the process by which the amendment was crafted. Representative Murray responded to questions regarding the opinion of certain county clerks on amendment L.014.

03:13 PM

The following persons testified regarding House Bill 09-1015:

03:13 PM -- Mr. Dan Willis, representing the Colorado Democratic Party, testified regarding the bill. Discussion ensued regarding the ability to drop off mail ballots at polling places under amendment L.014, and notification for voters of drop-off opportunities. Discussion followed regarding the position of the Colorado Democratic Party on the bill, as amended, and the focus of House Bill 09-1015. Discussion turned to the types of ballots that unaffiliated voters would use in primary elections under the bill.

03:22 PM -- Ms. Jenny Flanagan, representing Common Cause, testified regarding House Bill 09-1015. Ms. Flanagan clarified that Common Cause is now neutral on the bill, provided amendment L.014 passes.

03:24 PM -- Clerks Pam Anderson and Hillary Hall, representing the Colorado County Clerks Association, testified regarding the bill. Clerk Anderson addressed the issue of accommodating unaffiliated voters during primaries, and the costs associated with permanent mail balloting for primary elections under the bill. Clerk Hall discussed the prevalence of mail balloting during the most recent round of elections, and the optional nature of House Bill 09-1015. Clerk Anderson discussed voter turnout for coordinated elections. Discussion ensued regarding the placing of voters on inactive status after failing to vote in one election.

03:29 PM -- Mr. Phil Hayes, representing the Colorado AFL-CIO, testified regarding House Bill 09-1015. Mr. Hayes clarified his organization's position on the bill, and discussed the diversity in voting methods between counties. Mr. Hayes stated that the AFL-CIO is opposed to employing "county option" during a general election. Discussion ensued regarding the compromise and collaboration process involved in drafting amendment L.014.

03:33 PM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of the forthcoming amendments.

03:34 PM

Discussion ensued regarding the process by which the committee should allow amendments to prepared amendment L.014, the strike-below amendment.


BILL:	HB09-1015
TIME:	03:34:24 PM
MOVED:	Murray
MOTION:	Moved prepared amendment L.014 (Attachment A), as amended. The motion passed without objection.
SECONDED:	Court
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey	Excused
	McCann
	Miklosi	Excused
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:35 PM

Representative Hullinghorst explained the effect of prepared amendment L.016 (Attachment B), which amends amendment L.014, and discussed her reason for sponsoring the amendment. Representative Murray clarified that the phrase "forwardable mail" contained in the amendment does not reference the forwarding of mail ballots. Discussion ensued regarding the voter threshold for requiring at least one voter service center in a county for a primary election, as amended by amendment L.016.


BILL:	HB09-1015
TIME:	03:35:08 PM
MOVED:	Hullinghorst
MOTION:	Moved prepared amendment L.016 (Attachment B). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey	Excused
	McCann
	Miklosi	Excused
	Murray
	Nikkel
	Labuda
	Todd
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:42 PM

Representative Murray explained the effect of prepared amendment L.018 (Attachment C).


BILL:	HB09-1015
TIME:	03:42:25 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.018 (Attachment C). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey	Excused
	McCann
	Miklosi	Excused
	Murray
	Nikkel
	Labuda
	Todd

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:44 PM

Representative Murray provided closing remarks in favor of House Bill 09-1015, and discussed the primary election process going forward.


BILL:	HB09-1015
TIME:	03:46:00 PM
MOVED:	Murray
MOTION:	Moved to refer House Bill 09-1015, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 9-0-2 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Excused
	McCann	Yes
	Miklosi	Excused
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

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

03:47 PM

The committee adjourned.