Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGISLATIVE COUNCIL

Date:11/08/2011
ATTENDANCE
Time:01:32 PM to 02:39 PM
Boyd
X
Cadman
X
Place:HCR 0112
Ferrandino
X
Grantham
X
This Meeting was called to order by
Hodge
X
Senator Shaffer B.
Levy
X
Morse
X
This Report was prepared by
Murray
*
Christie Lee
Nicholson
X
Nikkel
*
Pace
X
Priola
*
Renfroe
X
Scheffel
X
Stephens
*
Todd
X
McNulty
X
Shaffer B.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Interim Legislation Review Procedures
Transportation Legislation Review Committee
Water Resources Review Committee
Police and Firefighters Pension Reform Commission
Educational Success Task Force
Legislative Task Force to Study School Discipline
Early Childhood School Readiness Commission
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01:32 PM -- Interim Committee Legislation Review Procedures

President Shaffer, Chair, called the Legislative Council Committee to order. Christie Lee, Legislative Council Staff, was asked to explain the procedures the committee must follow when reviewing interim committee legislation. She explained the following:
01:35 PM -- Transportation Legislation Review Committee

Representative Vaad, Transportation Legislation Review Committee Chair, came to the table to present Bills A-G recommended by the committee. The summary report prepared for the Legislative Council Committee can be found at: http://www.colorado.gov/lcs/TLRC. The bills are as follows:

Bill A — Multi-year Class A Trailer Registration. Bill A creates a permanent special registration for interstate commercial trailers and semitrailers owned by out-of-state applicants beginning in 2013. Applicants based in Colorado may also apply for a special registration of a trailer or semitrailer that is ten or more years old. The specific ownership tax and the vehicle registration fee are set at $95.50 and $24.50, respectively. Fee revenue is distributed as follows:

Under the bill, the DOR is required to issue a report to the General Assembly discussing the cost-effectiveness of the special registration by 2014.

Bill B — Low-speed Electric Vehicles. Bill B amends state law to permit low-speed electric vehicles to be operated on roadways at speeds of up to 40 miles per hour.

Bill C — Transfer Ports of Entry to State Patrol. Bill C eliminates the Motor Carrier Services Division (MCSD) in the DOR as of July 1, 2012. Commercial driver licensing and international registration plan functions of the MCSD are retained by the DOR, and all POE staff, functions, and powers are transferred to the CSP. Following the transfer, a POE officer is defined as a uniformed member of the CSP who is not a state patrolman, but who may exercise the powers of a peace officer in performing his or her duties.

Bill D — Waste Tire Processor End User Fund. Bill D extends the statutory repeal of the Processors and End Users Fund from July 1, 2012, to July 1, 2020. The fund is supported by a portion of the $1.50 fee collected by retailers for each tire sold. Fund revenue supports partial reimbursements to waste tire processors and end users to encourage waste tire recycling technologies, and the use of, and reduction of, waste tire stockpiles.

Bill E — Repeal Branch of Service Identifier Fee. Bill E eliminates the fee charged to a member or veteran of the armed services to have a military service branch identifier affixed to his or her driver's license. Currently, the identifier requires payment of a $15 fee, which is credited toward the cost of creating the identifier (estimated at $83,088) and the HUTF.



Bill F — Repeal Transportation-related Reporting Requirements. Bill F repeals certain transportation-related reports required to be made to the TLRC, House and Senate Transportation Committees, Capital Development Committee (CDC), and other committees. The following required reports are eliminated:


Bill G — Group Special License Plate Procedure. Bill G requires a nonprofit organization to obtain written notification from the DOR confirming that statutory requirements have been met prior to seeking action by the General Assembly to authorize a new group special license plate. The bill also permits group special license plates and alumni plates that have not reached the minimum number issued to be made available until the total plate inventory is depleted.
BILL:Transportation Legislation Review Committee
TIME: 01:39:43 AM
MOVED:Hodge
MOTION:Moved to approve Bills A, B, C, E, F, and G forwarded by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed 17-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Excused
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:43 PM

Representative Vaad was asked to present Bill D concerning the Waste Tire Processor End User Fund.
BILL:Transportation Legislation Review Committee
TIME: 01:43:37 PM
MOVED:McNulty
MOTION:Moved to approve Bill D forwarded by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed 17-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Excused
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:46 PM -- Water Resources Review Committee

Senator Schwartz, Water Resources Review Committee Chair, came to the table to present Bills A-E and Resolution A recommended by the committee. The summary report prepared for the Legislative Council Committee can be found at: http://www.colorado.gov/lcs/WRRC. The bills are as follows:

Bill A — Exempt Drinking Water Certification Designation. Bill A exempts water treatment facilities that store, treat, or process certain solid wastes from being required to get a certificate of designation from the local municipality or board of county commissioners. The bill allows these facilities to dispose of their own solid wastes on the facility's property in compliance with the rules of the Solid and Hazardous Waste Commission for waste impoundments and solid waste disposal.

Bill B — Establish Mines Water Replacement Requirement. Bill B specifies that, for all permitted mining operations, there will be no requirement to replace the amount of historic natural depletion to the waters of the state attributable to preexisting natural evapotranspiration.

Bill C — Postpone Repeal Denver Basin Aquifers. Current law, scheduled to repeal on July 1, 2012, requires wells that pump from certain Denver Basin bedrock aquifers to replace actual out-of-priority depletions and specifies that the replacement obligation for all Denver Basin aquifers continues after pumping stops to compensate for depletions. Effective July 1, 2012, wells that pump from these aquifers would be required to replace actual stream depletions to the extent necessary to prevent any injurious effect on other water rights based on actual aquifer conditions, and replacement after pumping would cease for all Denver Basin aquifers unless required to
compensate for injurious depletions. There is currently no modeling tool available to calculate depletions according to actual aquifer conditions. Draft Bill C postpones the repeal of the current law until July 1, 2015.

Bill D — Consolidate Division of Water Resources Funds. Draft Bill D consolidates several funds administered by the Division of Water Resources into a newly created Water Resources Cash Fund.

Bill E — Reissue Lost Mutual Ditch Share Certificate. If a person loses a mutual ditch share certificate, the person may file with the mutual ditch company a request to reissue the certificate, but current law requires the company to wait for three years before issuing a replacement. Draft Bill E will eliminate the three-year waiting period and specifies that a person who is named in the books of the company as a lienholder on the lost certificate is also entitled to file a request for reissuance of a lost certificate.


Resolution A — Use Severance Tax Water Infrastructure. Resolution A directs the General Assembly to avoid future diversions of water infrastructure revenues for budget balancing purposes and instead to direct these revenues to protect and develop Colorado's water resources according to existing statute.
BILL:Water Resources Review Committee
TIME: 01:48:50 PM
MOVED:Levy
MOTION:Moved to approve Bills A-E and Resolution A forwarded by the Water Resources Review Committee as fitting under the committee's charge. The motion passed 17-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Excused
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

1:49 PM -- Police and Firefighters Pension Reform Commission

Representative Waller, Police Officers' and Firefighters' Pension Reform Commission Chair, came to the table to present Bills A-C recommended by the committee. The summary report prepared for the Legislative Council Committee can be found at: http://www.colorado.gov/lcs/PoliceandFirefightersPensionReform The bills are as follows:

Bill A — Authority of the Board to Make Amendments To Plans. Bill A gives the FPPA board authority to make plan amendments to the Statewide Defined Benefit Plan, the Colorado Springs New Hire Plan, the Statewide Hybrid Plan, the Statewide Money Purchase Plan, and the Statewide Death and Disability Plan so that the administration of the plans is more consistent and uniform. Under the bill, modifications or amendments may include changes to the options for the distribution of benefits, but not changes to the amount of a normal benefit.

Bill B — Modifications to Available Affiliation by Social Security Employers. Bill B repeals language regarding the former FPPA retirement benefit plan for police officers and firefighters working under local governments that participate in Social Security. The bill provides for employers participating in the Statewide Defined Benefit Supplemental Social Security Plan to also participate in the Statewide Death and Disability Plan.

Bill C — Modifications to Investment Confidentiality Provisions for Pension Plans. Bill C broadens the scope of private investments that are covered under the statutory protections of confidential and proprietary information from public disclosure. However, the bill requires the name of investment vehicles, the amount invested, and the rate of return on the investments to be reported annually.

01:50 PM

Representative Waller was asked to explain why he opposes Bill A. Senator Morse weighed in as to why the bill should move forward.
BILL:Police and Firefighters Pension Reform Commission
TIME: 01:56:14 PM
MOVED:Morse
MOTION:Moved to approve Bill A forwarded by the Police Officers' and Firefighters' Pension Reform Commission as fitting under the committee's charge. The motion passed 10-7.
SECONDED:
VOTE
Boyd
Yes
Cadman
No
Ferrandino
Yes
Grantham
No
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Excused
Nicholson
Yes
Nikkel
No
Pace
Yes
Priola
No
Renfroe
No
Scheffel
No
Stephens
No
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 10 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Police and Firefighters Pension Reform Commission
TIME: 01:57:55 PM
MOVED:Morse
MOTION:Moved to approve Bill B forwarded by the Police Officers' and Firefighters' Pension Reform Commission as fitting under the committee's charge. The motion passed 17-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Excused
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:Police and Firefighters Pension Reform Commission
TIME: 01:30:58 PM
MOVED:Morse
MOTION:Moved to approve Bill C forwarded by the Police Officers' and Firefighters' Pension Reform Commission as fitting under the committee's charge. The motion passed 17-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Excused
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 17 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:59 PM -- Educational Success Task Force

Senator King, Educational Success Task Force Co-Chair, came to the table to present Bills B-E recommended by the committee. The summary report prepared for the Legislative Council Committee is available on-line at: http://www.colorado.gov/lcs/EdSuccessTF. The bills are as follows:


Bill B — Basic Skills Testing in High School. Bill B requires that, no later than the 2012-13 school year, all public schools administer the basic skills placement or assessment test currently administered to all first-time freshman entering into community colleges. Schools may administer the test at any time, and as often as they deem necessary, to students enrolled in grades 9 through 12; however, the Colorado Department of Education will allocate money to the districts to pay for only one administration per student while he or she is enrolled in those grades. A student with disabilities receiving special services under an individualized education plan may be exempt from the required assessment. Schools are further required to analyze the results of the basic skills tests, include the scores in the student's ICAP, and identify the student's level of postsecondary and workforce readiness. If a student's scores indicate he or she is at risk of being unready for either higher education or the workforce upon graduation, the school must work with the student and parents to create an intervention plan, identifying the necessary courses and support services the student requires to achieve readiness, and preparing the student to pursue postsecondary education, if desired, without the need for additional remediation. Under current law, the SBE must adopt criteria that can be used by high schools to endorse a diploma. This bill modifies those criteria to acknowledge a student's stated academic career path.

Bill C — Higher Education Prior Learning Assessments. Bill C requires that the CCHE work with the state-supported institutions of higher education to develop criteria for awarding academic credit for a student's prior learning through work experience, military service, community involvement, or independent study. CCHE and the institutions must define a process to assess prior learning, and, beginning with the 2013-14 academic year, begin awarding academic credit for a student's prior learning.

Bill D — Interventions for Middle Grade Students. Bill D requires that school districts, and the Charter School Institute, consider adopting procedures to review data for students in grades six through nine to identify those students who are at risk of dropping out of school, as indicated by behaviors such as low academic achievement, truancy, insubordination, or disengagement. Once a school identifies a student as being at an increased risk of dropping out, the district procedures may require that the school provide appropriate interventions designed to help that student improve academic performance and behavior. Such interventions could include counseling, tutoring, parent engagement, and developmental education services.

Bill E — Award Associate Degree Transfer Students. Bill E allows a student who successfully accumulates credits toward an associate degree, but prior to obtaining the degree transfers to a baccalaureate degree program, to be offered the associate degree once enough additional credits have been earned at the four-year institution. Beginning with the 2012-13 academic year, the State Board for Community Colleges and Occupational Education must develop and implement the program, in coordination with the governing boards of the four-year institutions.


02:00 PM

The committee discussed the the costs of the basic skills placement or assessment test in Bill B and asked how it would be administered and funded.
BILL:Educational Success Task Force
TIME: 02:04:42 PM
MOVED:Renfroe
MOTION:Moved to approve Bill B forwarded by the Educational Success Task Force as fitting under the committee's charge. The motion passed 17-1.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Yes
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
No
Final YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Educational Success Task Force
TIME: 02:06:31 PM
MOVED:Renfroe
MOTION:Moved to approve Bill C forwarded by the Educational Success Task Force as fitting under the committee's charge. The motion passed 17-1.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
No
Morse
Yes
Murray
Yes
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Educational Success Task Force
TIME: 02:08:09 PM
MOVED:Renfroe
MOTION:Moved to approve Bill D forwarded by the Educational Success Task Force as fitting under the committee's charge. The motion passed 18-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Yes
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Educational Success Task Force
TIME: 02:11:04 PM
MOVED:Renfroe
MOTION:Moved to approve Bill E forwarded by the Educational Success Task Force as fitting under the committee's charge. The motion passed 18-0.
SECONDED:
VOTE
Boyd
Yes
Cadman
Yes
Ferrandino
Yes
Grantham
Yes
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Yes
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
Yes
Scheffel
Yes
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:11 PM -- Legislative Task Force to Study School Discipline

Senator Newell, Legislative Task Force to Study School Discipline Chair, came to the table to present Bill A recommended by the committee. The summary report prepared for the Legislative Council Committee is available on-line at: www.Colorado.gov/LCS/SchoolDisciplineTF A letter from the Pikes Peak School District Alliance was distributed to the committee (Attachment A). Bill A alters an array of disciplinary policies in Colorado schools. Specifically, the bill:

111108AttachA.pdf


The bill makes several suggestions for school district boards of education to consider when creating and enforcing school conduct and discipline codes. To the extent practicable, the bill encourages schools to prioritize in-school suspensions and to limit the use of out-of-school suspensions and expulsions to incidents that involve conduct that poses a serious and credible threat. According to the provisions of the bill, when a student is suspended, schools must provide an opportunity for the student to make up school work during the suspension for full academic credit. Also, to the extent practicable, the bill encourages schools to rely on prevention, intervention, restorative justice, peer mediation, counseling, and other approaches to address student misconduct, rather than approaches involving the arrest or issue of a summons to a student. To this end, the bill encourages local school boards to assist school employees in obtaining training in conflict resolution, disciplinary alternatives, and restorative justice. Finally, each school must require that students be familiar with the provisions of the school's conduct and discipline code.


02:13 PM

Senator Newell talked about where the commission was in making a compromise with all the stake holders. A discussion ensued regarding whether to move Bill A forward or have the commission meet again to try to come to an agreement before the Legislative Council Committee approves the bill.
BILL:Legislative Task Force to Study School Discipline
TIME: 02:15:42 PM
MOVED:Hodge
MOTION:Moved to approve Bill A forwarded by the Legislative Task Force to Study School Discipline as fitting under the committee's charge. The motion passed 11-7.
SECONDED:
VOTE
Boyd
Yes
Cadman
No
Ferrandino
Yes
Grantham
No
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
No
Nicholson
Yes
Nikkel
Yes
Pace
Yes
Priola
No
Renfroe
No
Scheffel
No
Stephens
Yes
Todd
Yes
McNulty
No
Shaffer B.
Yes
Final YES: 11 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:28 PM -- Early Childhood School Readiness Commission

Senator Hodge, Early Childhood School Readiness Commission Chair, presented Bill A recommended by the committee. The summary report prepared for the Legislative Council Committee is attached as Attachment B. Bill A creates a new office of Early Childhood and Youth Development in the Colorado Department of Human Services. The office will operate and oversee the following programs: The Colorado Children’s Trust Fund; the Tony Grampsas Youth Services Program; the Nurse Home Visitor Program; the Family Resource Centers; child care, including licensing, school readiness, and the early childhood councils; the Child Care Assistance Program; mental health consultation for children; Part C/Early Intervention Services; Promoting Safe and Stable Communities; and any other programs transferred to the office.

111108AttachB.pdf

The office will work with the multiple funding streams associated with these programs, as well as oversee the program delivery of all services to provide a single point of access at the state level.

The office is required to report annually to the Joint Budget Committee. The office will specifically report on the priorities for service, the expected and achieved outcomes for early childhood services; the degree to which the early childhood programs are complying with the state plan and coordinating in delivering early childhood services; the coordinating of early childhood programs at the state and local levels; and the level of funding and sources of moneys allocated to the early childhood councils. In order to ensure ongoing interdepartmental coordination among the Departments of Human Services, Public Health and Environment, and Health Care Policy and Financing for programs not moving into the new office, an executive management team for early childhood programs to consist of the executive directors of the three departments will be formed. The department leaders will meet on a regular basis to review the operation of early childhood programs within the state and ensure that the programs coordinate when delivering services. Additionally, the department leaders shall direct the early childhood program directors within their departments to coordinate communications to the early childhood councils and other local agencies implementing programs at the local level.


The Early Childhood Leadership Commission will advise and assist the office, as well as provide information about the implementation, transition and work of the office in their annual report to the Governor and General Assembly.
BILL:Early Childhood School Readiness Commission
TIME: 02:30:18 PM
MOVED:Morse
MOTION:Moved to approve Bill A forwarded by the Early Childhood and School Readiness Legislative Commission as fitting under the committee's charge. The motion passed 13-5.
SECONDED:
VOTE
Boyd
Yes
Cadman
No
Ferrandino
Yes
Grantham
No
Hodge
Yes
Levy
Yes
Morse
Yes
Murray
Yes
Nicholson
No
Nikkel
Yes
Pace
Yes
Priola
Yes
Renfroe
No
Scheffel
No
Stephens
Yes
Todd
Yes
McNulty
Yes
Shaffer B.
Yes
Final YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:39 PM

The committee adjourned.