House Committee on State, Veterans, & Military Affairs (02/23/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/23/2010	ATTENDANCE

Time:	01:32 PM to 05:28 PM	Casso	X
		Court	X
Place:	HCR 0112	DelGrosso	X
		Hullinghorst	*
This Meeting was called to order by		McCann	*
	Representative Todd	Miklosi	X
		Murray	X
This Report was prepared by		Nikkel	*
	Bo Pogue	Waller	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1228 HB10-1287 HB10-1264 HB10-1293 HB10-1268		Amended, Referred to Appropriations Amended, Referred to Finance Amended, Referred to Appropriations Amended, Referred to Appropriations Amended, Referred to Appropriations

01:32 PM

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

01:33 PM -- House Bill 10-1228

Representative Benefield, prime sponsor, presented House Bill 10-1228, concerning the responsibility of the state personnel director to remove ineligible dependents from group benefit plans. Representative Benefield explained the effect of the bill, and discussed its fiscal impact. Representative Benefield responded to questions regarding the number of individuals that would be affected by the bill's passage. Representative Benefield recounted a personal anecdote that led her to sponsor the legislation. Discussion ensued regarding whether a health insurance claim would be paid under the bill for the child of a state employee who has aged out of eligibility for the insurance.

01:44 PM

Discussion continued regarding the payment of insurance claims for those who are no longer eligible due to age. Ms. Kristen Forrestal, representing the Office of Legislative Legal Services, provided clarification regarding who would be financially responsible for such claims, and the potential for amending the bill to clarify the source of such payments. Representative Benefield clarified the intent of the bill with regard to these payments. Ms. Forrestal provided input regarding the proper course of action for amending House Bill 10-1228.

01:51 PM

The following persons testified regarding House Bill 10-1228:

01:52 PM -- Ms. Debbie Stafford, former state representative representing herself, testified in favor of the bill. Ms. Stafford recounted a personal anecdote concerning the aging out of her child from a state health plan without her knowledge when she was a state representative, and the time it took her to recoup her premiums. Ms. Stafford also discussed how insurance carriers handle dependents whose age has made them ineligible for coverage. Ms. Stafford responded to questions regarding how she handled her personal issue with her daughter aging out of her health insurance plan.

01:57 PM -- Mr. Marc Reece, representing the Colorado Association of Health Plans, testified regarding House Bill 10-1228 from a neutral position. Mr. Reece explained the standard practice health insurers follow when children age out of their parents' health insurance plans. Discussion ensued regarding this practice. Mr. Reece responded to questions regarding the need to amend the bill to conform with current health insurance carrier practices in this area. Representative Benefield provided clarification regarding the nexus between current state law, health insurance carrier practice, and the effect of the bill. Mr. Reece responded to questions regarding instances in which premiums are paid for children who have aged out of health insurance plans.

02:02 PM -- Ms. Susan Cox, representing Kaiser Permanente, testified regarding the bill from a neutral position. Ms. Cox explained how her company provides notice when the child of an employee covered by Kaiser has become ineligible for coverage due to age, and practice followed when claims are made in error.

02:04 PM

Representative Benefield explained the effect of prepared amendment L.001 (Attachment A).


BILL:	HB10-1228
TIME:	02:04:13 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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

02:04 PM

Representative Benefield provided closing remarks in favor of House Bill 10-1228.


BILL:	HB10-1228
TIME:	02:05:42 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 10-1228, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM -- House Bill 10-1287

Representative Lambert, prime sponsor, presented House Bill 10-1287, concerning the use of a state-owned motor vehicle for commuting purposes. Representative Lambert was joined by Representative Pommer. Committee members received copies of the existing law covering the assignment of state-owned vehicles to employees and their use for commuting (Attachment B). Representative Lambert provided background on the reasons for the bill's introduction, including an explanation of audits conducted on the state commuter program that exposed problems with the system. Representative Lambert discussed problems other states have had with their state employee commuter programs, and explained how Colorado's program operates under current law. Representative Lambert explained the effect of prepared amendments L.003 and L.005.

02:16 PM

Representative Lambert continued to explain how the state employee commuter program would operate under House Bill 10-1287, as amended by two forthcoming amendments. Representative Lambert then discussed the need for the legislation. Representative Lambert responded to questions regarding the intent of the state employee commuter program, and the types of state employees that would be eligible for commuter reimbursement under the bill, as amended. Representative Pommer clarified the circumstances under which state employees must reimburse the state under the commuter program, and the reasons for doing so.

02:28 PM

Discussion continued regarding the types of employees that currently participate in the state employee commuter program, and circumstances that require such employees to reimburse the state for certain driving. Discussion followed regarding how House Bill 10-1287 would change these requirements. Representative Lambert responded to questions regarding the policing of abuse under the state employee commuter program.

02:36 PM

The following persons testified regarding House Bill 10-1287:

02:36 PM -- Mr. Jim Welton, representing the Inspector General of the Department of Corrections, testified in opposition to the bill. Mr. Welton explained the work of certain employees within the department that use the state employee commuter program, and the need to participate in the program. Mr. Welton provided specific examples of circumstances in which Department of Corrections employees use state-owned vehicles for commuting purposes. Mr. Welton responded to questions regarding the ability of his department to properly function under the forthcoming amendments. Representative Lambert discussed the process of drafting amendments to avoid unintended consequences. Mr. Welton responded to questions regarding the required duties of certain Department of Corrections investigators, and the state-provided tools of these investigators. Mr. Welton clarified the position of the department.

02:46 PM -- Mr. Ron Sloan, representing the Colorado Bureau of Investigation and the Department of Public Safety, testified regarding House Bill 10-1287, explaining that these departments were originally opposed to the bill before the drafting of amendments L.003 and L.005, and clarifying that the departments still have concerns with the amendments. Mr. Sloan clarified earlier questions regarding the use of the state employee commuter program by public safety agencies. Mr. Sloan also expressed concerns with the forthcoming amendments, and explained how his reservations could be addressed. Discussion ensued regarding the potential for amending the amendments to address these reservations. Representative Lambert provided clarification regarding how these reservations could be addressed, and how the commuter program would operate under the amendments. Discussion ensued regarding the level of oversight for the commuter program, and the process by which employees are approved to participate in the program.

02:58 PM

Representative Lambert responded to questions regarding the amount of latitude afforded to participants in the state employee commuter program that allow them to keep state-owned vehicles for use under certain circumstances.

03:01 PM -- Ms. Jeaneene Miller, representing the Department of Corrections, explained that the department does not oppose the bill now that the amendments have been drafted. Ms. Miller discussed the circumstances that require parole officers to participate in the state vehicle commuter program, and efforts by her department to police abuse within the program. Ms. Miller responded to questions regarding the process by which parole officers are approved for participation in the state employee vehicle commuter program. Ms. Miller responded to further questions regarding the level of abuse within the program.

03:10 PM -- Ms. Roxy Huber, representing the Department of Revenue, testified in opposition to House Bill 10-1287. Ms. Huber discussed the impact of the bill on certain department employees, and vagaries in certain language in the amendments. Discussion ensued regarding the need to further clarify certain language in the amendments.

03:16 PM -- Colonel Jim Wolfinbarger, representing the Colorado State Patrol, testified regarding the bill. Col. Wolfinbarger discussed the need to strike a balance in amending the bill. Col. Wolfinbarger also discussed the use of state vehicles by the Colorado State Patrol in performing its duties, providing specific examples of these duties.

03:22 PM -- Ms. Pam Hutton, representing the Department of Transportation, testified regarding House Bill 10-1287. Ms. Hutton discussed the duties performed by department employees that use state vehicles and participate in the state employee commuter program. Ms. Hutton also discussed efforts undertaken by the department to remain in compliance with the program and maintain transparency. Ms. Hutton provided specific examples of department employees using state-owned vehicles in emergency situations.

03:31 PM


BILL:	HB10-1287
TIME:	03:31:58 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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

03:32 PM


BILL:	HB10-1287
TIME:	03:32:16 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.005 (Attachment D). The motion passed without objection.
SECONDED:	McCann
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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

03:33 PM

Representative Lambert responded to questions regarding the opinion of certain executive branch agencies on House Bill 10-1287.


BILL:	HB10-1287
TIME:	03:33:29 PM
MOVED:	Nikkel
MOTION:	Moved to refer House Bill 10-1287, as amended, to the Committee on Finance with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Todd
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:36 PM

The committee recessed.

03:44 PM -- House Bill 10-1264

The committee returned to order. Representative Priola, prime sponsor, presented House Bill 10-1264, concerning the establishment of an incentive process whereby state employees can submit suggestions for state agency improvements that result in cost savings. Representative Priola provided background on legislation from past years that had the intention of providing incentives for state employees to seek out cost savings, and explained the effect of House Bill 10-1264. Representative Priola responded to questions regarding the need to establish the incentive process through legislation, and the need for an agency executive director to create a cost assessment for ideas that have already been considered.

03:54 PM

Representative Priola responded to questions regarding the oversight process for the program created by House Bill 10-1264, and the opinion of certain executive agencies on the bill. Representative Priola responded to further questions regarding how the idea program will be made known to state employees.


BILL:	HB10-1264
TIME:	04:00:04 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Waller
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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

04:00 PM


BILL:	HB10-1264
TIME:	04:00:28 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 10-1264, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:02 PM -- House Bill 10-1293

Representative Massey, prime sponsor, presented House Bill 10-1293, concerning the creation of a task force to study property tax assessment issues related to the use of land for agricultural purposes. Representative Massey provided background on the issues to be addressed by the task force created under the bill, and explained his reasons for sponsoring the legislation. Representative Massey responded to questions regarding a directive that is resulting in the termination of the interim committee process for the 2010 legislative interim, and the changes made by prepared amendment L.001. Representative Massey responded to further questions regarding legislative oversight of the Land Assessment and Classification Task Force created by the bill, and provided specific examples of certain land developments in rural areas being granted agricultural status for tax purposes. Discussion ensued regarding the ability of the state to classify property for purposes of taxation.

04:12 PM

The following persons testified regarding House Bill 10-1293:

04:12 PM -- Mr. Frank Weddig, Arapahoe County Commissioner representing Colorado Counties Incorporated, Mr. Peter Runyon, Eagle County Commissioner representing Colorado Counties Incorporated, and Ms. Barbara Kirkmeyer, Weld County Commissioner, testified in favor of the bill. Mr. Weddig discussed the need to explore the impact of classifying certain property as agricultural for tax purposes on local governance. Mr. Runyon discussed how the Land Assessment and Classification Task Force was conceived, and explained the effect of classifying certain properties as agricultural on counties and their tax bases. Ms. Kirkmeyer discussed the importance of maintaining the viability of agriculture, and properly defining agricultural use for tax purposes. Mr. Runyon responded to questions regarding the desired outcomes of creating the task force. Ms. Kirkmeyer provided further input on convening the task force.

04:22 PM

Discussion returned to constitutional issues pertaining to the ability of the state to classify property for the purposes of taxation.

04:25 PM -- Mr. Dan Williams, representing the Colorado Cattlemen's Association, testified in favor of House Bill 10-1293. Mr. Williams discussed the benefits of convening a task force to address certain agricultural taxation issues, and constitutional provisions enacted to provide balance in property tax rates. Mr. Williams also discussed the make-up of the task force, as altered by forthcoming amendments. Representative Massey provided his opinion on forthcoming amendment L.002 (Attachment G), and discussed changes to land use in the state since 1982.

04:32 PM -- Mr. Dave Wissel, Park County Assessor, testified in favor of the bill. He noted that the county does not have an official position on the bill, but favors it personally. Mr. Wissel discussed changing property tax policy in Colorado. Mr. Wissel addressed questions regarding the definition of agricultural for the purpose of property tax assessment, and its effect on the county tax base. Discussion ensued regarding who makes the determination of classification for property tax purposes, and how the rules are established for determining property tax classifications. Representative Massey discussed how the task force created by House Bill 10-1293 will affect this process.

04:43 PM -- Mr. Bill Clayton, representing Colorado Counties Incorporated, testified regarding the bill. Mr. Clayton discussed how the task force will help better clarify what constitutes residential property.

04:45 PM

Representative Massey responded to questions regarding the fact that no members of the General Assembly are included in the Land Assessment and Classification Task Force under prepared amendment L.001 (Attachment F).


BILL:	HB10-1293
TIME:	04:45:38 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.001 (Attachment F), as amended by amendment L.002. The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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


BILL:	HB10-1293
TIME:	04:46:01 PM
MOVED:	Nikkel
MOTION:	Moved prepared amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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

04:48 PM

Representative Massey provided closing remarks in favor of House Bill 10-1293.


BILL:	HB10-1293
TIME:	04:48:34 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 10-1293, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Casso
		VOTE
	Casso	Yes
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:49 PM -- House Bill 10-1268

Representative S. King, prime sponsor, presented House Bill 10-1268, concerning establishment of a two-year registration for vehicles. Representative King discussed the need for the bill, and explained its effect. Representative King responded to questions regarding how money collected on a two-year basis for vehicle registration would be used for the unused portion of a registration period if a vehicle was sold. Ms. Maren Rubino, representing the Department of Revenue, provided clarification regarding these questions, and explained the different types of vehicle classifications affected by the bill. Representative King responded to questions regarding the effect of the bill on penalties for late vehicle registration. Discussion ensued regarding the fiscal impact of the bill.

04:59 PM

Mr. David Porter, Legislative Council Staff, provided clarification on the fiscal impact of House Bill 10-1268, and responded to questions regarding the effect of the bill on state revenue. Discussion ensued regarding the effect of the bill's fiscal impact on state budgeting procedure. Mr. Porter discussed the reasons why the Department of Revenue has not created a two-year vehicle registration cycle, which is currently under its power. Mr. Porter discussed certain assumptions in the fiscal note pertaining to the number of vehicle owners that would elect to switch to a two-year vehicle registration cycle. Discussion ensued regarding the potential effect of a 2010 ballot measure on vehicle registration collections under the bill.

05:10 PM

Discussion ensued regarding potential cost savings under House Bill 10-1268. Mr. Porter and Ms. Rubino provided input regarding the potential for state and local government cost savings under the bill. Ms. Rubino weighed in on the Department of Revenue's decision not to allow two-year vehicle registration. Ms. Rubino responded to questions regarding the amount of registration fees assessed to vehicles based on the age of the vehicle, and how the bill would affect these rates.

05:16 PM

Representative King explained the effect of prepared amendment L.001 (Attachment H). Ms. Rubino responded to questions regarding whether the Department of Revenue will have enough time to implement the changes made by the bill, as amended by prepared amendment L.001. Ms. Rubino said the department is taking a neutral position on House Bill 10-1168. Mr. Jery Payne, Office of Legislative Legal Services, provided clarification regarding when the two-year registration will take effect under the bill, as amended. Ms. Rubino further clarified whether the department will be able to comply with the bill if amendment L.001 passes. Discussion ensued regarding the potential for extending the start date of the program to a date further in time than L.001 contemplates. Mr. Porter and Ms. Rubino provided clarification regarding the implementation date in amendment L.001. Discussion ensued regarding the proper deadline for implementing the two-year registration program.


BILL:	HB10-1268
TIME:	05:16:43 PM
MOVED:	Waller
MOTION:	Moved prepared amendment L.001 (Attachment H), as amended. The motion passed without objection.
SECONDED:	DelGrosso
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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


BILL:	HB10-1268
TIME:	05:26:50 PM
MOVED:	Waller
MOTION:	Moved to amend prepared amendment L.001, page 1, line 1, after ""Effective", insert "no later than"; line 2, strike "2011," and substitute "2012,". The motion passed without objection.
SECONDED:	Court
		VOTE
	Casso
	Court
	DelGrosso
	Hullinghorst
	McCann
	Miklosi
	Murray
	Nikkel
	Waller
	Labuda
	Todd

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


BILL:	HB10-1268
TIME:	05:28:07 PM
MOVED:	Murray
MOTION:	Moved to refer House Bill 10-1268, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:	Court
		VOTE
	Casso	No
	Court	Yes
	DelGrosso	Yes
	Hullinghorst	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Waller	Yes
	Labuda	No
	Todd	Yes

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

05:28 PM

The committee adjourned.