House Committee on State, Veterans, & Military Affairs (03/14/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	03/14/2012	ATTENDANCE

Time:	01:33 PM to 04:48 PM	Baumgardner	X
		Casso	X
Place:	HCR 0112	Court	*
		Duran	X
This Meeting was called to order by		Joshi	X
	Representative Kerr J.	Liston	*
		Todd	X
This Report was prepared by		Coram	X
	Bo Pogue	Kerr J.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1313 HB12-1321 HCR12-1001 SB12-062		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

01:33 PM -- House Bill 12-1313

The committee was called to order. A quorum was present. Representative Szabo, prime sponsor, presented House Bill 12-1313, concerning procedures related to the statewide initiative Title Board. Representative Szabo explained the effect of the bill. The following persons testified regarding House Bill 12-1313:

01:37 PM -- Mr. Bill Hobbs, representing the Secretary of State, and Mr. David Blake, representing the Attorney General, testified in support of the bill. Mr. Hobbs provided background on the bill's genesis, and explained the effect of the legislation. Discussion ensued regarding the ability of initiative proponents to request rehearings on ballot title single-subject rulings. Discussion followed regarding the position of Deputy Secretary of State. Mr. Blake provided examples of insufficient motions for rehearing for a ballot title, which helped to trigger the need for a provision in the bill governing such motions. Discussion returned to rehearings on single-subject rulings, and the potential to amend the bill to address constitutional issues.

01:54 PM

Discussion ensued regarding the ability to challenge a title based on the single-subject rule under House Bill 12-1313, and single-subject challenges to Amendment 41 (codified in Article XXIX of the State Constitution), which appeared on the ballot in 2006. Mr. Hobbs clarified what the Title Board does and does not consider in its deliberations.

01:59 PM -- Ms. Carol Tone, representing the League of Women Voters, testified in support of the bill.

02:00 PM

No amendments were offered to House Bill 12-1313.


BILL:	HB12-1313
TIME:	02:01:04 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 12-1313 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-0.
SECONDED:	Todd
		VOTE
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	Yes
	Liston	Excused
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

Final YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:02 PM -- House Bill 12-1321 and House Concurrent Resolution 12-1001

Representatives Ferrandino and Vaad, prime sponsors, presented House Bill 12-1321, concerning the state personnel system, and in connection therewith, enacting the "Modernization of the State Personnel System Act", and House Concurrent Resolution 12-1001, concerning the state personnel system, and in connection therewith, expanding the veterans' preference; increasing the number of candidates eligible to be appointed to a position; adjusting the duration of allowable temporary employment; allowing the flexibility to remove a limited number of positions from the system; modifying the residency requirement; adjusting the terms of service for members of the state personnel board; and requiring merit-based appointments to be made through a comparative analysis process. Both measures were heard simultaneously since they are interrelated. Committee members received a letter addressed to the sponsors of the measures and the committee members from Kristin Rozansky, Director of the State Personnel Board (Attachment A). Representative Ferrandino first explained the effect of HCR 12-1001, and discussed its need. Representative Ferrandino then explained the effect of House Bill 12-1321, which is contingent in part on the passage of House Concurrent Resolution 12-1001. He also discussed the need for the legislation.

02:19 PM

Representative Vaad provided input about the antiquated nature of the state personnel system, and explained how the merit pay system would be improved by the passage of both pieces of legislation. Committee members received a handout illustrating the state personnel system's merit pay system (Attachment B). Representative Vaad discussed the fiscal impact of House Concurrent Resolution 12-1001. Discussion ensued regarding a provision in the concurrent resolution that allows state departments to make appointments or promotions using comparative analyses rather than competitive testing. Representative Ferrandino responded to questions regarding the potential for repealing the constitutional provisions pertaining to the state personnel system and instituting the system within state law in its entirety.

02:33 PM

Discussion ensued regarding a provision in House Concurrent Resolution 12-1001 that allows the state to hire out-of-state residents, and the potential for capturing state taxes from those out-of-state residents.

02:35 PM

The following persons testified regarding House Bill 12-1321 and House Concurrent Resolution 12-1001:

02:35 PM -- Ms. Kathy Nesbitt, representing the Department of Personnel and Administration, testified in support of the measures. Ms. Nesbitt provided background on changes to the state personnel system, and discussed the need to update the system. Ms. Nesbitt addressed earlier discussion about a provision in the concurrent resolution that allows state agencies to use comparative analysis in hiring and promotions, rather than testing. Ms. Nesbitt also discussed the ability to tax out-of-state residents employed by Colorado under the resolution. Discussion ensued regarding the comparative analysis provision. Ms. Nesbitt responded to questions regarding how to create an equitable system of hiring, free of favoritism. Ms. Nesbitt provided examples of situations where the state may need to hire state workers who do not reside in Colorado. Representative Vaad provided additional examples of such need.

02:47 PM

Ms. Nesbitt responded to questions regarding protections that will be in place under House Concurrent Resolution 12-1001 and House Bill 12-1321 to guard against temporary employees supplanting permanent employees.

02:49 PM -- Mr. Scott Wasserman, representing Colorado WINS, testified regarding the measures from a neutral position. Mr. Wasserman discussed the position of his organization on the measures, and the services provided by classified state workers. Mr. Wasserman discussed the need for the state to be competitive in its wages. Mr. Wasserman discussed the pay ranges of state employees, and how the bill and concurrent resolution may improve pay ranges. Mr. Wasserman responded to questions regarding the types of state employees covered by the legislation, and the effect of stagnant state employee pay on contributions to the Public Employee Retirement Association. Mr. Wasserman discussed the importance of uniformity in the state personnel system's hiring and promotion practices.

03:00 PM

Mr. Wasserman responded to questions regarding the filing of grievances pertaining to hiring and promotions, and reiterated the position of Colorado WINS on the measures. Mr. Wasserman responded to further questions regarding turnover in the state personnel system. Discussion ensued regarding this point, and future prospects for turnover in the state personnel system. Mr. Wasserman responded to questions regarding comparisons of state worker pay scales with private sector pay under House Bill 12-1321, and the grievance process as it pertains to temporary workers supplanting permanent workers. Representative Ferrandino provided clarification on this process. Mr. Tim Markham, representing Colorado WINS, provided input on remedies available when a complaint is filed about a temporary worker supplanting a permanent worker.

03:12 PM

Mr. Wasserman responded to questions about the exclusion of benefits in surveys that compare state worker salaries to private sector salaries. Discussion ensued regarding benefit comparison among state and private sector workers.

03:17 PM -- Mr. Paul Boni, and Ms. Metza Templeton, representing Colorado WINS, testified regarding the measures from a neutral position. Mr. Boni discussed concerns expressed by state employees in surveys he has assisted in conducting, including concerns about the pay-for-performance system. He discussed the merits of replacing this system.

03:22 PM -- Mr. Tom Orrell and Ms. Kimberly Bodin, representing themselves, testified regarding the measures. Ms. Bodin discussed the deficiencies in the pay-for-performance system for state employees, and the merits of ending the system. Mr. Orrell discussed the unsustainability of state employment at the current pay trajectory, and the benefits of various pay increase schedules for state employees, such as cost-of-living increases. Mr. Orell responded to questions regarding budget-balancing actions taken by his employer during the recent economic downturn.

03:33 PM -- Mr. Pete Kirchhof, representing Colorado Concern, read the testimony of Ms. Tamara Ward in support of House Bill 12-1321 and House Concurrent Resolution 12-1001.

03:36 PM -- Ms. Kristin Rozansky, representing the State Personnel Board, made herself available to answer questions about the letter from the board pertaining to the measures (see Attachment A). Representative Ferrandino addressed issues raised by the letter. Ms. Rozansky responded to questions regarding the parties that received the letter. Representative Vaad addressed issues raised in Attachment A. Ms. Rozansky detailed the concerns that the State Personnel Board has with the package of legislation, and Representative Ferrandino responded to these concerns.

03:47 PM

Ms. Rozansky clarified the process by which personnel decisions are appealed to the State Personnel Board, and responded to questions about the provision in House Concurrent Resolution 12-1001 that allows comparative analysis in hiring and promotions as a substitute for testing. Ms. Rozansky responded to questions regarding the ability of state agencies to hire state workers who do not live in Colorado under current law. Ms. Rozansky provided background on the make-up and responsibilities of the State Personnel Board, and the relationship between the board and the Department of Personnel and Administration. Ms. Rozansky provided detail on the functions of the department and board in administering the state personnel system. Ms. Rozansky responded to questions regarding the decision-making process of the board, and the benefits of having the board process personnel system grievances.

03:59 PM -- Mr. Bill Finger, representing himself, testified regarding the package of legislation. Mr. Finger provided his perspective about the state personnel system and board as an attorney representing state workers, and clarified his position on the bill and concurrent resolution. He discussed certain deficiencies in the bill and concurrent resolution, and explained that the legislation is the first step in eliminating the state personnel system. Representative Ferrandino addressed Mr. Finger's concerns. Discussion ensued regarding the need to make changes to the state personnel system.

04:13 PM

Discussion continued regarding the need to change the state personnel system, including changing how members of the State Personnel Board are appointed. Mr. Finger responded to questions regarding the grievance process for those who feel they have not received a fair opportunity at attaining state employment. Representative Ferrandino explained how the package of legislation affects this grievance process.

04:22 PM -- Ms. Christine Scanlan, representing the Office of the Governor, testified regarding House Bill 12-1321 and House Concurrent Resolution 12-1001. Ms. Scanlan stated that these measures are priorities for the Governor, and discussed the need to modernize the state personnel system.

04:24 PM


BILL:	HB12-1321
TIME:	04:24:35 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Court
		VOTE
	Baumgardner
	Casso
	Court
	Duran
	Joshi
	Liston
	Todd
	Coram
	Kerr J.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:25 PM

Various committee members discussed their positions on House Bill 12-1321 and House Concurrent Resolution 12-1001.


BILL:	HB12-1321
TIME:	04:28:11 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 12-1321, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0.
SECONDED:	Court
		VOTE
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	Yes
	Liston	Yes
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

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

04:29 PM -- HCR 12-1001


BILL:	HCR 12-1001
TIME:	04:29:21 PM
MOVED:	Court
MOTION:	Moved to refer House Concurrent Resolution 12-1001 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0.
SECONDED:	Coram
		VOTE
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	Yes
	Liston	Yes
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

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

04:30 PM

The committee recessed.

04:37 PM -- Senate Bill 12-062

The committee returned to order. Representative Looper, prime sponsor, presented Senate Bill 12-062, concerning voting by military personnel. Representative Looper explained the effect of the bill, and discussed its need. Discussion ensued regarding the fiscal impact of the bill. The following persons testified regarding Senate Bill 12-062:

04:39 PM -- Mr. Richard Coolidge, representing the Secretary of State, testified in support of the bill. Mr. Coolidge explained the effect of the bill, and discussed its fiscal impact. Mr. Coolidge responded to questions regarding which military personnel may receive information to facilitate mail-in balloting for deployed military personnel.

04:42 PM -- Mr. Wayne Williams, El Paso County Clerk and Recorder, testified in support of the bill. Mr. Williams explained how the bill will make it easier for deployed military personnel to vote, and discussed a provision in the bill that allows veterans identification cards to be used for voting purposes.

04:44 PM -- Ms. Carol Tone, representing the League of Women Voters, testified in support of Senate Bill 12-062. Ms. Tone explained how military overseas voters will vote electronically under the bill, and expressed reservations about references to internet-based voting associated with the Internet-based Military Voting Pilot Program for Absent Uniform Services Electors, administered by the Department of State.

04:46 PM

No amendments were offered to Senate Bill 12-062.


BILL:	SB12-062
TIME:	04:47:06 PM
MOVED:	Todd
MOTION:	Moved to refer Senate Bill 12-062 to the Committee of the Whole with favorable recommendation. The motion passed on a vote of 9-0.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Casso	Yes
	Court	Yes
	Duran	Yes
	Joshi	Yes
	Liston	Yes
	Todd	Yes
	Coram	Yes
	Kerr J.	Yes

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

04:48 PM

The committee adjourned.