Senate Committee on Legislative Council (04/19/2011)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LEGISLATIVE COUNCIL

Date:	04/19/2011	ATTENDANCE

Time:	07:30 AM to 09:12 AM	Boyd	*
		Cadman	X
Place:	HCR 0112	Ferrandino	X
		Hodge	X
This Meeting was called to order by		Kerr J.	X
	Senator Shaffer B.	Kopp	*
		Levy	X
This Report was prepared by		Morse	X
	Katey McGettrick	Nicholson	X
		Nikkel	X
		Pace	*
		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:
Overview of Process Presentation of Bills Prioritization of Bills SB11-200 SB11-041 SB11-050 SB11-111 SB11-133 SB11-167 SJR11-031 SJR11-033		- - - Amended, Referred to the Committee of the Whole Committee Vote - Tie Vote Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely Committee Vote - Tie Vote Postponed Indefinitely

07:32 AM -- Overview of Process

President Shaffer called the committee to order, explaining the process briefly and asking Mike Mauer, Director of Legislative Council Staff, to explain the process in detail. Mr. Mauer discussed the recent legislative changes to allow the committee to be a committee of reference. Next, he discussed how the meeting would proceed, discussing the prioritization process and voting.

07:37 AM -- Presentation of Bills

Senator Boyd presented Senate Bill 11-200, concerning health benefit exchanges. She reviewed the main provisions of the bill, which includes an oversight board to that oversees the implementation of the health benefit exchange in Colorado. She discussed the work of the board, noting that the board is authorized to create task forces, and discussing the board membership, which will include members from both houses, and the health, audit, and business committees of the General Assembly. She responded to questions from the committee about what happens if the bill does not pass.

07:41 AM

Senator Kopp presented Senate Bill 11-041, concerning efficiencies in state executive departments. He explained that the bill is a result of a University of Denver study that recommended studying government processes and efficiencies. He explained that the bill is before Legislative Council because it creates a task force to review state government responsibilities. He noted that the state legislature has not conducted such a review since 1961. He stated that he would like to offer an amendment to pay for the cost through audit recovery funds, and that the task force would not go forward in the absence of available funds.

07:46 AM

Senator Roberts presented Senate Bill 11-050, concerning value of condemned conservation easements. She explained the genesis of the bill and the reason for creating a task force. She discussed the difference between using assessed value or market value. She expressed confusion as to why the bill was before the committee as it has no fiscal impact, no legislative members, and requires no legislative staff.

07:49 AM

Senator K. King, presented Senate Bill 11-111, concerning the educational success task force. He also expressed confusion as to why the bill is before the committee as the task force will be staffed by the Colorado Department of Education and the Colorado Department of Higher Education. He referred to materials that he distributed to members earlier in the week. He noted that remediation costs the state $19 million annually. He responded to questions from the committee about the amendment he plans to offer.

07:53 AM

Senator Newell and Senator Hudak presented Senate Bill 11-133, concerning discipline in schools, to the committee. Senator Hudak explained the difference in discipline rates between white students and their minority counterparts. She also shared an article from the Denver Post with the committee (Attachment A). Senator Newell explained that the bill creates a task force that is not allowed to use General Fund moneys or legislative staff. She further explained that there are volunteers to staff the committee. The sponsors responded to questions from the committee regarding the need for a study and regarding the zero tolerance policy in schools.

07:56 AM

Senator Kopp presented Senate Bill 11-167, concerning efficiencies in the state regulatory system. He explained that the work of the task force will be conducted over a two-year period.

07:58 AM

Senator Steadman presented Senate Joint Resolution 11-031, concerning the creation of an interim committee to study state constitutional provisions pertaining to health care funding, to the committee. He explained that the genesis of the resolution to create the interim committee came from a Joint Budget Committee staff recommendation to study theses constitutional provisions. He discussed the need to review tobacco tax funds and the Old Age Pension Fund.

08:00 AM

Representative Levy presented Senate Bill 11-045, concerning a streamlined process for securing governmental approval for the siting of electric transmission facilities, and provided a handout to committee from the Department of Regulatory Agencies (Attachment B). She responded to questions from the committee.

08:04 AM

Representative McCann and Senator K. King presented House Bill 11-1184, concerning the creation of a higher education funding committee. She referred to the Degree Dividend, a report published by the Colorado Commission on Higher Education. Senator King also made remarks on the bill.

08:07 AM

Representative Kefalas presented House Bill 09-1064, which created the Economic Opportunity Poverty Reduction Task Force. He shared the fiscal note for the original bill (Attachment C) and discussed the purpose of the task force.

08:10 AM

Senator Heath presented Senate Joint Resolution 11-033, concerning the creation of an interim commission to review tax studies. He discussed the need to study the interrelationship of the state constitutional amendments Taxpayer Bill of Rights, Gallagher, and Amendment 23.

08:12 AM -- Prioritization of Bills

Each member was allowed to have five votes in the prioritization process. The committee voted by a show of hands as follows:

SB 11-133 (Hudak, Newell) - Discipline In Public Schools: 14 votes;
SB 11-200 (Boyd) - Health Benefit Exchange: 12 votes;
SJR 11-031 (Steadman) - Interim Comm State Const Health Care: 9 votes;
SB 11-041 (Kopp) - Efficiencies In State Executive Depts: 8 votes;
SB 11-111 (K. King) - Educational Success Task Force: 8 votes;
HB 09-1064 (Kefalas) - Economic Opportunity Poverty Reduction Task Force: 8 votes.
SB 11-167 (Kopp) - Efficiencies In State Regulatory System: 7 votes;
HB 11-1184 (McCann) - Higher Ed Funding Committee: 3 votes; and
SJR 11-033 (Heath) - Interim Commission to Review Tax Studies: 2 votes.

The committee did not include the following bills in the prioritization process because they were not allocating legislative resources during the interim: SB 11-050 (Roberts) - Value Of Condemned Conservation Easement; SB 11-045 (Levy) - Streamline Elec Powerline Siting; and HB 11-1020 (Balmer) - Subcontractor Notice For Mechanics' Lien.

08:34 AM

The committee took a recess.

08:42 AM

The committee came back to order after a brief recess and President Shaffer requested that roll be taken. 16 members were present at the time of the roll call, and 2 members were excused. The committee then discussed the prioritization process, with Senator Kopp requesting that Senate Bill 11-041, of which he is the prime sponsor, be removed from consideration as a prioritized interim committee. After committee discussion, Senate Bill 11-041 was removed from the prioritization list, leaving the following five bills authorized for funding:

SB 11-133 (Hudak, Newell) - Discipline In Public Schools: 14 votes;
SB 11-200 (Boyd) - Health Benefit Exchange: 12 votes;
SJR 11-031 (Steadman) - Interim Comm State Const Health Care: 9 votes;
SB 11-111 (K. King) - Educational Success Task Force: 8 votes; and
HB 09-1064 Economic Opportunity Poverty Reduction Task Force: 8 votes.

The committee next proceeded to vote on each measure as a committee of reference. Those bills referred to the Senate Legislative Council operated under Senate committee rules and those referred to House Legislative Council operated under House committee rules. All members of the committee were eligible to vote in both committees.

08:49 AM -- Senate Bill 11-200


BILL:	SB11-200
TIME:	08:49:26 AM
MOVED:	Shaffer B.
MOTION:	Moved Amendment L.010 (Attachment H). The motion passed on a 17-1 vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Yes
	Ferrandino	Yes
	Hodge	Yes
	Kerr J.	Yes
	Kopp	Yes
	Levy	Yes
	Morse	Yes
	Nicholson	Yes
	Nikkel	Yes
	Pace	Yes
	Priola	Yes
	Renfroe	No
	Scheffel	Yes
	Stephens	Yes
	Todd	Yes
	McNulty	Yes
	Shaffer B.	Yes

Not Final YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	SB11-200
TIME:	08:50:03 AM
MOVED:	Boyd
MOTION:	Moved Senate Bill 11-200, as amended, to the Senate Committee of the Whole. The motion passed on a 14-4 vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	No
	Ferrandino	Yes
	Hodge	Yes
	Kerr J.	Yes
	Kopp	No
	Levy	Yes
	Morse	Yes
	Nicholson	Yes
	Nikkel	Yes
	Pace	Yes
	Priola	Yes
	Renfroe	No
	Scheffel	No
	Stephens	Yes
	Todd	Yes
	McNulty	Yes
	Shaffer B.	Yes

Final YES: 14 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:53 AM -- Senate Bill 11-041


BILL:	SB11-041
TIME:	08:53:20 AM
MOVED:	Kopp
MOTION:	Moved amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Ferrandino
	Hodge
	Kerr J.
	Kopp
	Levy
	Morse
	Nicholson
	Nikkel
	Pace
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	McNulty
	Shaffer B.

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


BILL:	SB11-041
TIME:	08:54:49 AM
MOVED:	Kopp
MOTION:	Moved Senate Bill 11-041, as amended, to the Senate Committee on Appropriations. The motion failed on a 9-9 tie vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Yes
	Ferrandino	No
	Hodge	No
	Kerr J.	Yes
	Kopp	Yes
	Levy	No
	Morse	No
	Nicholson	No
	Nikkel	Yes
	Pace	No
	Priola	Yes
	Renfroe	Yes
	Scheffel	Yes
	Stephens	Yes
	Todd	No
	McNulty	Yes
	Shaffer B.	No

Not Final YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE

08:55 AM -- Senate Bill 11-050


BILL:	SB11-050
TIME:	08:55:25 AM
MOVED:	Boyd
MOTION:	Moved Senate Bill 11-050 to the Senate Committee of the Whole. The motion passed on a 17-1 vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Yes
	Ferrandino	Yes
	Hodge	Yes
	Kerr J.	Yes
	Kopp	Yes
	Levy	Yes
	Morse	Yes
	Nicholson	Yes
	Nikkel	Yes
	Pace	Yes
	Priola	Yes
	Renfroe	Yes
	Scheffel	No
	Stephens	Yes
	Todd	Yes
	McNulty	Yes
	Shaffer B.	Yes

Final YES: 17 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:56 AM -- Senate Bill 11-111


BILL:	SB11-111
TIME:	08:56:22 AM
MOVED:	McNulty
MOTION:	Moved Amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Ferrandino
	Hodge
	Kerr J.
	Kopp
	Levy
	Morse
	Nicholson
	Nikkel
	Pace
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	McNulty
	Shaffer B.

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


BILL:	SB11-111
TIME:	08:57:48 AM
MOVED:	Shaffer B.
MOTION:	Moved a conceptual amendment to add language authorizing the use of legislative staff resources, the payment of per diem and travel expenses for legislative task force members, and the addition of an appropriations clause that clarifies no additional appropriation is required for the funding of the task force. The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Ferrandino
	Hodge
	Kerr J.
	Kopp
	Levy
	Morse
	Nicholson
	Nikkel
	Pace
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	McNulty
	Shaffer B.

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


BILL:	SB11-111
TIME:	08:58:43 AM
MOVED:	Todd
MOTION:	Moved Senate Bill 11-111 to the Senate Committee of the Whole, as amended. The motion passed on a 10-8 vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Yes
	Ferrandino	Yes
	Hodge	No
	Kerr J.	Yes
	Kopp	Yes
	Levy	No
	Morse	No
	Nicholson	No
	Nikkel	Yes
	Pace	No
	Priola	Yes
	Renfroe	Yes
	Scheffel	Yes
	Stephens	Yes
	Todd	No
	McNulty	Yes
	Shaffer B.	No

Final YES: 10 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:59 AM -- Senate Bill 11-133


BILL:	SB11-133
TIME:	08:59:21 AM
MOVED:	Nikkel
MOTION:	Moved amendment L.008 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Ferrandino
	Hodge
	Kerr J.
	Kopp
	Levy
	Morse
	Nicholson
	Nikkel
	Pace
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	McNulty
	Shaffer B.

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


BILL:	SB11-133
TIME:	09:00:56 AM
MOVED:	Nikkel
MOTION:	Moved Senate Bill 11-133, as amended, to the Senate Committee of the Whole. The motion passed on a 17-1 vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	No
	Ferrandino	Yes
	Hodge	Yes
	Kerr J.	Yes
	Kopp	Yes
	Levy	Yes
	Morse	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

09:01 AM -- Senate Bill 11-167


BILL:	SB11-167
TIME:	09:01:16 AM
MOVED:	Kopp
MOTION:	Moved amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Ferrandino
	Hodge
	Kerr J.
	Kopp
	Levy
	Morse
	Nicholson
	Nikkel
	Pace
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	McNulty
	Shaffer B.

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


BILL:	SB11-167
TIME:	09:01:42 AM
MOVED:	Kopp
MOTION:	Moved Senate Bill 11-167 to the Senate Committee on Appropriations. The motion failed on a 7-11 vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	Yes
	Ferrandino	No
	Hodge	No
	Kerr J.	Yes
	Kopp	Yes
	Levy	No
	Morse	No
	Nicholson	No
	Nikkel	Yes
	Pace	No
	Priola	Yes
	Renfroe	Yes
	Scheffel	Yes
	Stephens	No
	Todd	No
	McNulty	No
	Shaffer B.	No

Not Final YES: 7 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB11-167
TIME:	09:07:11 AM
MOVED:	Morse
MOTION:	Moved to postpone Senate Bill 11-167 indefinitely by a reversal of the previous roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	No
	Ferrandino	Yes
	Hodge	Yes
	Kerr J.	No
	Kopp	No
	Levy	Yes
	Morse	Yes
	Nicholson	Yes
	Nikkel	No
	Pace	Yes
	Priola	No
	Renfroe	No
	Scheffel	No
	Stephens	Yes
	Todd	Yes
	McNulty	Yes
	Shaffer B.	Yes

Final YES: 11 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:08 AM -- Senate Joint Resolution 11-031


BILL:	Senate Joint Resolution 11-031
TIME:	09:08:26 AM
MOVED:	Shaffer B.
MOTION:	Moved amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:
		VOTE
	Boyd
	Cadman
	Ferrandino
	Hodge
	Kerr J.
	Kopp
	Levy
	Morse
	Nicholson
	Nikkel
	Pace
	Priola
	Renfroe
	Scheffel
	Stephens
	Todd
	McNulty
	Shaffer B.

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


BILL:	Senate Joint Resolution 11-031
TIME:	09:09:52 AM
MOVED:	Boyd
MOTION:	Moved Senate Joint Resolution 11-031, as amended, to the Senate Committee of the Whole. The motion failed on a 9-9 tie vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	No
	Ferrandino	Yes
	Hodge	Yes
	Kerr J.	No
	Kopp	No
	Levy	Yes
	Morse	Yes
	Nicholson	Yes
	Nikkel	No
	Pace	Yes
	Priola	No
	Renfroe	No
	Scheffel	No
	Stephens	No
	Todd	Yes
	McNulty	No
	Shaffer B.	Yes

Not Final YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE

09:10 AM -- Senate Joint Resolution 11-033


BILL:	Senate Joint Resolution 11-033
TIME:	09:10:59 AM
MOVED:	Shaffer B.
MOTION:	Moved Senate Joint Resolution 11-033 to the Senate Committee of the Whole. The motion failed on a 8-10 vote.
SECONDED:
		VOTE
	Boyd	No
	Cadman	No
	Ferrandino	Yes
	Hodge	No
	Kerr J.	No
	Kopp	No
	Levy	Yes
	Morse	Yes
	Nicholson	Yes
	Nikkel	No
	Pace	Yes
	Priola	No
	Renfroe	No
	Scheffel	Yes
	Stephens	No
	Todd	Yes
	McNulty	No
	Shaffer B.	Yes

Not Final YES: 8 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Senate Joint Resolution 11-033
TIME:	09:11:01 AM
MOVED:	Morse
MOTION:	Moved to postpone Senate Joint Resolution 11-033 indefinitely by a reversal of the previous roll call vote.
SECONDED:
		VOTE
	Boyd	Yes
	Cadman	Yes
	Ferrandino	No
	Hodge	Yes
	Kerr J.	Yes
	Kopp	Yes
	Levy	No
	Morse	No
	Nicholson	No
	Nikkel	Yes
	Pace	No
	Priola	Yes
	Renfroe	Yes
	Scheffel	No
	Stephens	Yes
	Todd	No
	McNulty	Yes
	Shaffer B.	No

Final YES: 10 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:12 AM

The Senate Legislative Council Committee adjourned. The House Legislative Council Committee convened to vote on the bills referred to that committee. A copy of that summary is attached (Attachment J). To view the summary with amendment attachments, please retrieve the April 25 committee summary for the House Legislative Council Committee through the General Assembly web site.