House Committee on State, Veterans, & Military Affairs (02/05/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/05/2009	ATTENDANCE

Time:	10:10 AM to 01:26 PM	Casso	*
		Court	X
Place:	HCR 0112	Hullinghorst	X
		Lambert	X
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	X
		Miklosi	X
This Report was prepared by		Murray	X
	Bo Pogue	Nikkel	*
		Labuda	*
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1153 HB09-1124 HB09-1160		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only

10:10 AM -- House Bill 09-1153

The committee was called to order. A quorum was present. Representative May, prime sponsor, presented House Bill 09-1153, concerning the requirements applicable to the formation of an issue committee under Colorado law governing campaign finance. Representative May presented background on the reason why he decided to run the bill, and explained the effect of the bill. Representative May responded to questions regarding whether he had discussed the bill with the Election Reform Commission, and how the monetary threshold in the bill was chosen.

10:16 AM

The following persons testified regarding House Bill 09-1153:

10:16 AM -- Mr. Richard Coolidge and Ms. Christi Heppard, representing the Secretary of State, testified in favor of the bill. Ms. Heppard explained the bill's provisions, and how the bill affects issue committees. Ms. Heppard also addressed the monetary threshold question, and explained that the Election Reform Commission is concentrating its efforts on the administration of elections. Mr. Coolidge explained a provision of the bill that exempts municipal annexations from certain disclosure requirements. Discussion ensued regarding a forthcoming amendment to the bill.

10:24 AM -- Ms. Jenny Flanagan, representing Common Cause, testified in opposition to House Bill 09-1153. Ms. Flanagan explained that her organization supports certain portions of the bill, but is opposed to the provision in the bill exempting municipal annexations from disclosure, and may support the bill if the provision is amended.

10:27 AM -- Mr. Geoff Blue, representing Attorney General Suthers, testified in favor of the bill. Mr. Blue explained how the bill clarifies certain provisions put in the State Constitution by ballot initiative. Mr. Blue clarified that the Attorney General is not taking a position on the annexation provision. Mr. Blue responded to questions regarding the amount of money that could be spent on an issue before certain disclosure provisions addressed by the bill are triggered. Mr. Maurie Knaizer, representing the Attorney General's Office, provided clarification regarding this monetary threshold.

10:33 AM

Mr. Bob Lackner, Legislative Legal Services Staff, explained the effect of prepared amendment L.001 (Attachment A). Mr. Lackner responded to questions regarding a change in the deadline within which an issue committee must register with the Secretary of State when it exceeds the contribution threshold which triggers recognition as an issue committee. Ms. Heppard provided clarification on the deadline, and discussion ensued regarding the issue. Clerk Pam Anderson, Jefferson County Clerk and Recorder, provided input regarding the opinion of county and municipal clerks and recorders on the deadline issue. Clerk Anderson responded to questions regarding whether three days is a sufficient registration deadline. Discussion ensued regarding certain filing deadlines for political candidates and other political committees, and the sufficiency of the registration deadline contained in amendment L.001.


BILL:	HB09-1153
TIME:	10:33:01 AM
MOVED:	Court
MOTION:	Moved prepared amendment L.001 (Attachment A), as amended. 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

10:43 AM

Representative Massey proposed a conceptual amendment to prepared amendment L.001 to increase the deadline for an issue committee to register when accepting expenditures. Discussion ensued regarding this idea.


BILL:	HB09-1153
TIME:	10:43:40 AM
MOVED:	Massey
MOTION:	Moved a conceptual amendment to prepared amendment L.001, page 1, line 4, strike "three" and substitute "ten". The motion passed without objection.
SECONDED:	Court
		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

10:45 AM

Discussion ensued regarding the spending threshold for applying campaign finance law to a politically active organization, and the benefits of excluding certain municipal annexation issues from campaign finance law. Ms. Flanagan returned to provide clarification regarding Common Cause's position on the provision in House Bill 09-1153 that exempts municipal annexations from certain filing requirements. Discussion followed regarding the timing associated with the filing requirements, and the potential to amend the bill before second reading. Discussion turned to the subject of protected speech as it pertains to the bill, and the potential for speech to be chilled without the bill's annexation exemption.

10:55 AM

Representative May responded to questions regarding the effect of removing the annexation exemption on a particular annexing situation in Parker.


BILL:	HB09-1153
TIME:	10:56:17 AM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1153, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Excused
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:58 AM

The committee recessed.

11:02 AM -- House Bill 09-1124

The committee returned to order. Representative Liston, prime sponsor, presented House Bill 09-1124, concerning certain conferences with an attorney representing a state public body that may be held in an executive session at a meeting of the state public body. Representative Liston explained the effect of the bill, and discussed the types of government agencies that would be affected by the bill.

11:05 AM

The following persons testified regarding House Bill 09-1124:

11:06 AM -- Ms. Casey Shpall and Mr. John Sleeman, representing the Office of Attorney General, testified in favor of the bill. Ms. Shpall discussed how certain state boards can go into executive session to discuss certain matters, but not others, and explained that the bill will provide clarification regarding the matters in question. Ms. Shpall also explained that the bill will level the playing field between state and private litigants, and will also harmonize the Open Meetings and Records laws. Ms. Shpall addressed a forthcoming amendment regarding recording of executive sessions. Ms. Shpall then explained the effect of the bill on the work of the Colorado Water Conservation Board. Mr. Sleeman explained the effect of House Bill 09-1124 on the ability of the Office of Attorney General to provide legal advice to state boards and commissions, and how the bill may help to avoid further litigation. Mr. Sleeman then discussed the difficulties he has experienced providing legal advice to certain state boards without the ability to enter into executive session.

11:16 AM

Mr. Sleeman continued to discuss the merits of the bill, focusing on conflicts between current law and federal law as it pertains to certain regulatory authority. Discussion ensued regarding the origination of the authority to invoke attorney-client privilege, and the government's ability to invoke the privilege.

11:19 AM -- Mr. Mike Beery, representing the Department of Local Affairs, made himself available to respond to questions regarding the effect of the bill on certain programs. Mr. Beery provided specific examples regarding how boards and commissions discuss legal issues.

11:22 AM -- Mr. Ron Binz, representing the Public Utilities Commission, testified in favor of House Bill 09-1124. Mr. Binz discussed the work of the commission, and how the commission discusses legal matters under current law. Mr. Binz also discussed how these practices compromise legal strategies, and addressed a forthcoming amendment pertaining to tape recording of executive sessions. Finally, Mr. Binz explained how the bill's provisions harmonize with sunshine laws.

11:29 AM -- Mr. Daniel Wilkerson, representing the University of Colorado, testified in favor of the bill. Mr. Wilkerson explained when the regents of the university are allow to enter into executive session, and discussed the legal issues that are faced by the university. Mr. Wilkerson urged the committee to preserve the right of the regents to enter into executive session, and voiced support for a forthcoming amendment.

11:32 AM -- Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified regarding House Bill 09-1124. Mr. Romberg spoke in support of forthcoming amendment L.001, and provided background on previous efforts to change the laws pertaining to executive session. Mr. Romberg discussed concerns over certain situations in which a judge determines that a portion of an executive session did not belong in executive session, and the ability to record executive sessions. Mr. Romberg also made a statement about the substantive nature of changes made by the bill, as opposed to technical changes. Mr. Romberg responded to questions regarding the ability of journalists and others to access recordings of executive sessions, and the process by which an individual can trigger a review of an executive session recording to reveal information which should not have been discussed in the session.

11:40 AM

Mr. Sleeman returned to provide clarification regarding prepared amendment L.001 (Attachment B). Mr. Sleeman responded to questions regarding the exclusion of higher education institutions from the requirement to record executive sessions by the amendment, and the reason for doing so. Mr. Sleeman responded to further questions regarding the ability of school boards to be exempted from recording executive sessions. Mr. Sleeman provided clarification regarding the process by which an individual triggers a review of an executive session recording, and the clarifying effect of House Bill 09-1124. Mr. Wilkerson responded to questions regarding the exemption of governing boards of institutions of higher learning from the requirement to record executive sessions. Mr. Wilkerson responded to further questions regarding the University of Colorado's objection to recording the executive sessions of the Board of Regents, and disparate treatment between higher education institutions and other government entities.

11:51 AM

Discussion ensued regarding the custodians of executive session recordings, and the application of amendment L.001 to all governing boards of higher education institutions. Discussion followed regarding the effect of the failure of amendment L.001. Mr. Romberg clarified his position on the amendment. Discussion followed regarding a compromise between certain government agencies and institutions in crafting the amendment, and the ability of the general public to access recordings of executive sessions. Discussion returned to the issue of disparate treatment among state agencies and institutions by amendment L.001, and the merits of excluding institutions of higher learning from executive session recording requirements.

12:01 PM

Discussion continued regarding amendment L.001, and the potential for amending the amendment to remove the Board of Regents of the University of Colorado from the amendment. Discussion followed regarding equity among higher education institutions and other state bodies on the issue of exempting these entities from recording executive sessions.


BILL:	HB09-1124
TIME:	11:40:20 AM
MOVED:	Massey
MOTION:	Moved prepared amendment L.001 (Attachment B). 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

12:07 PM

Discussion continued regarding equity on the issue of requiring recording of executive sessions. Discussion followed regarding the proper motion for creating equity on this issue. Mr. Blue provided clarification regarding current law as it pertains to recording executive sessions. Mr. Bo Pogue, Legislative Council Staff, and Mr. Dan Cartin, Legislative Legal Services Staff, provided clarification regarding the motion. Discussion ensued regarding negotiations among state entities that resulted in amendment L.001, and the merits of the conceptual amendment. Discussion returned to the language in amendment L.001, and the proper course of action on the conceptual amendment and amendment L.001.


BILL:	HB09-1124
TIME:	12:07:08 PM
MOVED:	Miklosi
MOTION:	Moved a conceptual amendment to show the language contained in Section 24-6-402 (2)(d.5)(I)(B), C.R.S., in strike type.
SECONDED:	Murray
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	No
	Massey	Yes
	McCann	No
	Miklosi	Yes
	Murray	Yes
	Nikkel	No
	Labuda	No
	Todd	No

Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

12:19 PM

Representative Liston provided closing remarks in favor of House Bill 09-1124.


BILL:	HB09-1124
TIME:	12:20:35 PM
MOVED:	McCann
MOTION:	Moved to refer House Bill 09-1124, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Hullinghorst
		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

12:23 PM -- House Bill 09-1160

Representative Miklosi, prime sponsor, presented House Bill 09-1160, concerning the ability of a qualified elector to submit information via the secure web site of the Secretary of State. Representative Miklosi explained the effect of the bill, and described the implementation of Internet voter information-sharing programs in other states. Committee members received a background handout on the bill prepared by Representative Miklosi (Attachment C), and a letter from the Washington State Office of the Secretary of State explaining its experience with on-line voter registration (Attachment D). Representative Miklosi then explained the benefits of implementing an on-line voter information program.

12:25 PM

The following persons testified regarding House Bill 09-1160:

12:25 PM -- Mr. Steve Fenberg, representing New Era Colorado, testified in favor of the bill. Mr. Fenberg discussed the convenience that certain populations would experience if the bill passed, including young people, and the potential cost savings for state government that may result. Mr. Fenberg used the state of Arizona as an example of a state that allows submission of voter information in a manner similar to the system installed by House Bill 09-1160. Mr. Fenberg then addressed the potential for fraud as a result of the bill's passage, and explained how concerns over fraud are mitigated by the bill. Mr. Fenberg also explained that use of the secure web site to register to vote is optional. Discussion ensued regarding technologies that compare electronic signatures of voters when they submit voter registration information electronically, and the potential for the commission of identity theft and other crimes as a result.

12:36 PM

Discussion continued regarding validation of electronic signatures electronically for voter information submission purposes. Mr. Fenberg clarified that the bill does not provide for signature verification. Discussion ensued regarding the ability to confirm the veracity of certain information electronically without a signature.

12:42 PM -- Clerk Pam Anderson, Jefferson County Clerk, and Clerk Hillary Hall, Boulder County Clerk, representing the Colorado County Clerks Association, testified in favor of House Bill 09-1160. Clerk Hall discussed the ways in which the public will be better served under the bills, and the potential cost savings that may result if the bill is enacted. Clerk Hall also discussed the benefits of centralizing the gathering of voter information through a statewide voter information system. Clerk Anderson discussed the specific areas in which cost savings may be realized at the county level, and the methods by which voter information is collected by counties under current law. Clerk Anderson clarified the way in which voter signatures are gathered currently and under the provisions of the bill. Discussion ensued regarding the security of signature information under House Bill 09-1160, and citizenship verification when an individual applies for certain identification.

12:52 PM

Representative Lambert read a statement by Clerk Robert Balink, El Paso County Clerk and Recorder, expressing reservations with the bill. Discussion ensued regarding the costs associated with the bill, and the potential for litigation if the system created by House Bill 09-1160 is put in place.

12:55 PM -- Mr. Richard Coolidge and Mr. Trevor Timmons, representing the Secretary of State, testified in favor of House Bill 09-1160. Mr. Coolidge discussed how an individual will register to vote under the bill, and how counties will process voter information under the bill. Mr. Timmons clarified how signatures are verified electronically under the bill. Mr. Coolidge responded to questions regarding the ability of the Department of State to verify voter information electronically under House Bill 09-1160. Representative Miklosi clarified how a voter would provide verification using the system installed by the bill. Discussion ensued regarding the potential for litigation if the bill were to pass, certification of certain voting equipment, and certification requirements for the statewide voter registration system.

01:05 PM -- Ms. Christine Watson, representing the League of Women Voters, testified in favor of the bill. Ms. Watson discussed the fact that the amount of lead time before the next election will allow for the system required by the bill to be properly implemented. Ms. Watson also discussed the convenience that certain populations will experience as a result of the bill.

01:08 PM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of House Bill 09-1160. Ms. Gross explained how the bill will increase independence and convenience for certain populations.

01:09 PM -- Mr. David Larson, representing Coloradans for Voting Integrity, testified in opposition to the bill. Mr. Larson expressed concerns over the security of the on-line system required by the bill, and discussed instances where on-line systems have been compromised. Mr. Larson responded to questions regarding the motivations of those who might hack the on-line system required by House Bill 09-1160, and the potential for an attack to compromise the database created under the bill.

01:16 PM -- Ms. Sheryle Hutter, representing the Colorado Cross-Disability Coalition, testified in opposition to House Bill 09-1160, in light of the discussion. Ms. Hutter discussed the fact that the system created by the bill would be convenient for many people, but concerns over fraud and the inability of certain populations to benefit from the system outweigh the benefits.

01:19 PM -- Ms. Margit Johansson, representing Coloradans for Voting Integrity, testified in opposition to the bill. Committee members received a letter from Ms. Johansson with attached materials outlining her opposition to the legislation (Attachment E). Ms. Johansson echoed concerns regarding the potential for malicious attacks on and fraud associated with the on-line system required by the bill, and read a portion of Attachment E. Ms. Johansson recounted a personal experience where her credit card information had been compromised through electronic means, and stressed the need for experts in the field of computer science to tackle these issues.

01:25 PM

Representative Miklosi addressed concerns raised during testimony.

01:26 PM

The committee adjourned.