Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:03/19/2009
ATTENDANCE
Time:10:35 AM to 01:40 PM
Casso
X
Court
X
Place:HCR 0112
Hullinghorst
X
Lambert
X
This Meeting was called to order by
Massey
X
Representative Todd
McCann
X
Miklosi
*
This Report was prepared by
Murray
X
Bo Pogue
Nikkel
*
Labuda
E
Todd
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1307
SB09-084
SB09-022
SB09-064
Referred to Appropriations
Referred to the Committee of the Whole
Amended, Referred to Appropriations
Witness Testimony and/or Committee Discussion Only


10:35 AM


The committee was called to order. A quorum was present.

10:36 AM -- House Bill 09-1307

Representatives Benefield and Massey, prime sponsors, presented House Bill 09-1307, concerning the televising of proceedings of state government, and, in connection therewith, creating the Colorado Channel Authority. Representative Benefield explained the effect of the bill, and Representative Massey discussed the reason for creating the authority. Discussion ensued regarding the funding source for televising the Colorado Channel, and who will govern the authority created by the bill. Discussion followed regarding the appointments to the authority.


10:41 AM

No one testified regarding House Bill 09-1307, and no amendments were offered to the bill.
BILL:HB09-1307
TIME: 10:42:12 AM
MOVED:Massey
MOTION:Moved to refer House Bill 09-1307 to the Committee on Appropriations with favorable recommendation. The motion passed on a 10-0-1 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
Excused
Todd
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:43 AM -- Senate Bill 09-084

Representative Scanlan, prime sponsor, presented Senate Bill 09-084, concerning documents related to the role of the Office of the Secretary of State as filing office for secured transactions. Representative Scanlan explained the effect of the bill.

10:45 AM

The following persons testified regarding Senate Bill 09-084:

10:45 AM --
Mr. Brian Gryth, representing the Secretary of State, testified in favor of the bill. Mr. Gryth discussed the types of filings that would be affected by the bill, further explained the effect of the bill, and provided additional background on the need for the bill. Mr. Gryth responded to questions regarding involvement by the legal community in crafting the legislation, and how the documents affected by the bill are indexed. Mr. Gryth responded to further questions regarding the length of time involved in implementing the document filing system used by the Secretary of State.

10:53 AM --
Mr. John McCabe, representing the Colorado Bar Association, testified in favor of Senate Bill 09-084. Mr. McCabe explained a provision in the bill that will harmonize two inconsistent statutes pertaining to the ability to amend a financing statement. Mr. McCabe responded to questions regarding the ability to submit the subject filings electronically. Discussion ensued regarding the willingness of the legal community to allow electronic transactions.






10:58 AM

No amendments to the bill were offered. Representative Scanlan provided closing remarks in favor of Senate Bill 09-084.
BILL:SB09-084
TIME: 10:58:49 AM
MOVED:Todd
MOTION:Moved to refer Senate Bill 09-084 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:Massey
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Yes
Murray
Yes
Nikkel
Yes
Labuda
Excused
Todd
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:00 AM


The committee recessed briefly.


11:01 AM -- Senate Bill 09-022

The committee returned to order. Representative Solano, prime sponsor, presented Senate Bill 09-022, concerning the State Board of Land Commissioners. Representative Solano provided background on the use of state school land moneys for the activities of the State Board of Land Commissioners, and explained the need for the bill. Representative Solano responded to questions regarding efforts to address capital construction needs in rural school districts using state school land moneys. Representative Solano explained the effect of some forthcoming amendments to the bill. Representative Solano then explained in detail the effect of each of the bill's provisions.

11:11 AM

The following persons testified regarding Senate Bill 09-022:

11:11 AM --
Mr. John Brejcha and Mr. Tobin Follenwieder, representing the State Land Board within the Department of Natural Resources, testified in favor of the bill. Mr. Brejcha explained the mission and duties of the State Land Board, and discussed the income generated by state lands, both past and projected. Mr. Brejcha then explained a provision in the bill that exempts the State Land Board from advertising requirements when it sells state lands to a governmental entity. Mr. Brejcha responded to questions regarding protections in place that guard against the use of Public School Fund moneys for other governmental purposes. Mr. Brejcha also explained a provision in the bill that provides flexibility in land transactions between the state and local governments. Mr. Follenwieder provided input regarding the purpose of this provision, and the process involved in crafting the provision. A forthcoming amendment would remove this provision, amendment L.012 (Attachment A). Discussion ensued regarding the need to go forward with the remainder of the bill in the absence of the provision.

090319AttachA.pdf

11:22 AM

Discussion ensued regarding the continuation of the State Board of Land Commissioners Investment and Development Fund. Discussion ensued regarding the effect of a forthcoming amendment, prepared amendment L.006 (Attachment B), and its impact on the ability of the state to collect severance taxes based on natural resources extracted from public lands. Mr. Follenweider provided clarification regarding "other payments" referenced in amendment L.006. Mr. Brejcha explained the effect of an additional forthcoming amendment, prepared amendment L.007 (Attachment C).

090319AttachB.pdf 090319AttachC.pdf

11:32 AM

Discussion ensued regarding the need for amendment L.007.

11:34 AM --
Ms. Karen Wick, representing the Colorado Education Association, testified in favor of Senate Bill 09-022. Ms. Wick provided input on the need for prepared amendment L.007. Discussion ensued regarding the insertion of the provision in the bill by the Senate that amendment L.007 would remove, and the proper course of action for the legislature pertaining to the provision. Discussion followed regarding the effect of striking Section 4 from the bill by amendment L.007.

11:43 AM --
Mr. Chris Lines, representing the Department of Regulatory Agencies, testified with regard to the provision in the bill that continues the State Board of Land Commissioners Investment and Development Fund. Discussion ensued regarding the process of reviewing state functions and programs through the sunset review process. Ms. Christy Chase, representing the Office of Legislative Legal Services, provided clarification regarding the difference between a provision in law that sunsets a government function, and a provision that automatically repeals a statute. Ms. Chase responded to questions regarding the history of the Investment and Development Fund. Mr. Brejcha and Mr. Follenweider provided input on the history of the fund, and the reason for its establishment. Discussion followed regarding the effect of removing the repealer for the fund on reporting requirements that must be observed by the State Land Board.

11:53 AM

Discussion continued regarding the continuation of the State Board of Land Commissioners Investment and Development Fund.

11:55 AM --
Mr. Sean Bradley and Mr. Jim Griffin, representing the Colorado League of Charter Schools, testified regarding Senate Bill 09-022. Mr. Griffin explained the changes to law made by the bill, and provided clarification regarding the effect of section 4 of the bill, which would be stricken by amendment L.007. Discussion ensued regarding the ability of charter schools to purchase land as well as lease it under the bill, and the function of school districts in purchasing and leasing lands. Discussion followed regarding the need for equitable treatment of charter schools and other public schools in the acquisition of land by law, and the impact of section 4, as inserted by the Senate, on the intent of Senate Bill 09-022. Mr. Griffin explained the powers of charter schools to lease and purchase lands for their use. Mr. Griffin responded to questions regarding the status of land sold by the State Land Board to a charter school if the charter school ceases to exist.

12:05 PM

Discussion continued regarding the ability of charter schools to lease and purchase property from the State Land Board under the bill, and the ability of other public schools to do so. Discussion returned to the need for the authorization for charter schools to engage in property transactions with the State Land Board to appear in the bill.

12:16 PM

Discussion continued regarding the ability of charter schools to engage in property transactions with the State Land Board under the bill. Mr. Brejcha provided clarification regarding the ability of the State Land Board to engage in these transactions under current law. Mr. Brejcha responded to questions regarding the constitutional ramifications of section 4 in Senate Bill 09-022, and the difference between the board transacting business with charter schools and other public schools. Discussion ensued regarding the potential for addressing the issue in other legislation. Discussion returned to the power of the State Land Board to transact business with charter schools, as well as other public schools.


12:26 PM

Discussion continued regarding prepared amendment L.007. Mr. Brejcha responded to questions regarding the types of property transactions in which the State Land Board may participate, as they pertain to schools. Discussion ensued regarding the potential for referring the bill to the Committee on Education. Discussion followed regarding the ownership of school buildings in general. Mr. Brejcha responded to further questions regarding potential solutions for allowing sales of state trust lands to charter schools.

12:34 PM
BILL:SB09-022
TIME: 12:34:09 PM
MOVED:Massey
MOTION:Moved prepared amendment L.006 (Attachment B). The motion passed without objection.
SECONDED:Todd
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Excused
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-022
TIME: 12:34:26 PM
MOVED:Hullinghorst
MOTION:Moved prepared amendment L.012 (Attachment A). The motion passed without objection.
SECONDED:Todd
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Excused
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-022
TIME: 12:34:45 PM
MOVED:Todd
MOTION:Moved prepared amendment L.007 (Attachment C). The motion passed on a 6-4-1 roll call vote..
SECONDED:Murray
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
No
Massey
No
McCann
Yes
Miklosi
Yes
Murray
No
Nikkel
No
Labuda
Excused
Todd
Yes
Not Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS



12:35 PM

Representative Solano provided closing remarks in favor of Senate Bill 09-022.
BILL:SB09-022
TIME: 12:35:57 PM
MOVED:Massey
MOTION:Moved to refer Senate Bill 09-022, as amended, to the Committee on Education. A substitute motion to refer the bill to the Committee on Appropriations passed.
SECONDED:Lambert
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Excused
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:SB09-022
TIME: 12:36:06 PM
MOVED:Hullinghorst
MOTION:Made a substitute motion to refer Senate Bill 09-022, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 6-4-1 roll call vote.
SECONDED:McCann
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
No
Massey
No
McCann
Yes
Miklosi
Yes
Murray
No
Nikkel
No
Labuda
Excused
Todd
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:37 PM

The committee recessed.

12:42 PM -- Senate Bill 09-064

The committee returned to order. Representative Massey, prime sponsor, presented Senate Bill 09-064, concerning building inspections relating to utilities. Representative Massey explained the effect of the bill, and provided background on the need for the legislation.

12:47 PM

The following persons testified regarding Senate Bill 09-064:


12:47 PM --
Mr. Steve Callahan, representing himself, testified in opposition to the bill. Committee members received copies of e-mails from Eagle County School District officials expressing opposition to Senate Bill 09-064 (Attachments D and E). Mr. Callahan suggested that the legislation is unnecessary due to a lack of a problem with utility inspections in schools. Mr. Callahan discussed the lack of safeguards that would be in place to ensure proper building inspections by local governments if the bill were to pass. Mr. Callahan then read from attachments D and E. Discussion ensued regarding the potential for amending the bill to allow local governments to employ inspectors with certain qualifications for school inspections, rather than requiring them to do so.

090319AttachD.pdf 090319AttachE.pdf

12:58 PM

Discussion ensued regarding adherence to various building codes. Mr. Callahan discussed the schedule for performing building inspections on schools.

01:00 PM --
Mr. Kurt Steenhook, representing Plumbers Union 3, testified in opposition to Senate Bill 09-064. Mr. Steenhook discussed the lack of problems with public school building inspections under current law, and the overall lack of need for the legislation. Mr. Steenhook also discussed the potential impact of the bill on the cost of school construction, and the quality of inspections performed under current law. Mr. Steenhook discussed the benefits of adhering to one inspection standard at the state level. Mr. Steenhook recounted an issue he experienced in Douglas County with replacement of plumbing fixtures that did not meet code.

01:10 PM --
Mr. David Sanger, representing the American Federation of Teachers of Colorado, testified in opposition to the bill. Mr. Sanger discussed the sufficiency of current school building inspection requirements, and also stated that the Colorado Education Association also opposes the bill.

01:11 PM --
Mr. Phil Hayes, representing the American Federation of Labor-Congress of Industrial Organizations, testified in opposition to Senate Bill 09-064. Mr. Hayes discussed a situation involving complaints associated with school inspections in El Paso County, and the lack of a problem with current school building inspection requirements overall. Mr. Hayes also discussed disparities among building codes at the local level, and the varying degrees of experience that local inspectors have with differing codes. Mr. Hayes suggested that legislation might be warranted in the future to address the problems that the bill seeks to address. Discussion ensued regarding the ability of inspectors, plumbers, and electricians to abide by various building codes.

01:22 PM --
Mr. Wayne Blazek, representing the Douglas County School District, testified in support of the bill. Mr. Blazek discussed problems associated with the current system of inspecting school building projects, and the potential cost savings that may be realized as a result of providing choice to schools in building inspections. Mr. Blazek then recounted an instance where Douglas County attempted to install waterless urinals in certain schools, only to be refused based on code issues.

01:27 PM --
Ms. Becky Baker, representing the Colorado chapter of the International Code Council, testified in favor of Senate Bill 09-064. Ms. Baker discussed the qualifications of and types of work performed by local code inspectors. Ms. Baker also discussed the merits of the bill. Ms. Baker responded to questions regarding the level of competence among state and local building inspectors.

01:31 PM --
Mr. Chris Lines, representing the Department of Regulatory Agencies, testified from a neutral position on the bill. Mr. Lines discussed the level of complaints received by the department from public schools based on building inspections. Mr. Lines responded to questions regarding the number of complaints that were based on the timing of inspections.


01:34 PM

Discussion ensued regarding amending the bill to make it permissive in nature, rather than compulsory.
BILL:SB09-064
TIME: 01:37:12 PM
MOVED:Massey
MOTION:Moved a conceptual amendment to grant localities the option to use local inspectors, as well as the Department of Regulatory Agencies. The motion was withdrawn at the committee's March 24th meeting.
SECONDED:McCann
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Excused
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE

01:40 PM

The committee adjourned.