Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:04/08/2013
ATTENDANCE
Time:01:32 PM to 04:16 PM
Dore
X
Foote
*
Place:LSB A
Humphrey
X
Labuda
X
This Meeting was called to order by
Melton
X
Representative Ryden
Moreno
X
Nordberg
X
This Report was prepared by
Scott
*
Bo Pogue
Williams
X
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB13-025
HB13-1292		Amended, Referred to the Committee of the Whole
Witness Testimony and/or Committee Discussion Only


01:33 PM -- Senate Bill 13-025

The committee was called to order. A quorum was present. Representative Williams prime sponsor, presented Senate Bill 13-025, concerning collective bargaining by firefighters. Representative Williams confined her remarks to strike-below amendment L.028 (Attachment A). Representative Williams discussed developments on the bill since it was introduced, and concerns expressed about the bill by certain parties. Representative Williams explained the effect of amendment L.028, and discussed its need. Representative Williams responded to questions regarding the Governor's position on the bill as amended by amendment L.028, and the effect of the bill on supervisors. Representative Williams responded to further questions regarding how the bill is different from previous state collective bargaining policies, and the need for the legislation. Discussion ensued regarding the types of fire departments affected by the bill.

13HseState0408AttachA.pdf13HseState0408AttachA.pdf


















01:45 PM

The following persons testified regarding Senate Bill 13-025:

01:45 PM -- Mr. Doug Hall, representing the City of Westminster and the Colorado State Fire Chiefs Association, testified in opposition to the bill. Mr. Hall expressed objection to not being able to review the bill in its current form, and spoke in support of local control in the area of collective bargaining. Mr. Hall suggested that the bill violates home rule authority. Mr. Hall responded to questions regarding the effect of the bill, as amended, on the voters' will in the area of collective bargaining, and the number of members of the Colorado State Fire Chiefs Association. Mr. Hall responded to further questions about participation of the association and individual chiefs in the process of drafting amendment L.028, and the reasons why they were not consulted. Mr. Hall responded to questions regarding the ability of Westminster firefighters to participate in certain activities associated with the political process.

01:54 PM -- Mr. Ted Orf, representing the Associated Governments of Northwest Colorado, testified in opposition to Senate Bill 13-025. Mr. Orf responded to questions regarding his objections to the bill in the area of municipal budgeting.

01:57 PM -- Mr. Kevin Duncan, representing Denver Fire, testified in support of the bill. Mr. Duncan discussed the benefits of collective bargaining in the area of firefighter safety, and the need to secure benefits to ensure the financial security of families of firefighters should a tragedy occur. Mr. Duncan responded to questions regarding ideas generated by non-supervisor firefighters, and how they are handled by the supervisors. Mr. Duncan responded to further questions regarding how participation in a union affects communication along the line of command in a fire department, and how such participation impacts decision-making. Discussion ensued regarding the potential impact of Senate Bill 13-025 on firefighter safety.

02:08 PM -- Mr. Mike Smaldino, representing Colorado Springs Professional Firefighters Local 5, testified in support of the bill. Mr. Smaldino discussed the interaction between the union and the city, and issues faced during multi-agency responses to fires that may be mitigated by allowing firefighter collective bargaining. Mr. Smaldino addressed reservations expressed about potential costs associated with the bill.

02:12 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League and the Special District Association, testified in opposition to Senate Bill 13-025. Mr. Bommer discussed the circumvention of elected bodies at the municipal level by the bill, as well as the circumvention of local control and the will of the citizens of municipalities. Mr. Bommer discussed the ability of firefighters to form unions under current law. Mr. Bommer responded to questions regarding the potential for the bill to spawn litigation, and a provision in the bill that refers firefighter collective bargaining issues to municipal voters. Mr. Bommer responded to further questions regarding the mechanism by which a firefighter collective bargaining issue reaches a municipal ballot under amendment L.028. Discussion ensued regarding the potential impact of the amended bill on firefighter safety.

02:25 PM -- Mr. Tom Buescher, representing Colorado Professional Firefighters, testified in support of the bill. Mr. Buescher discussed the effect of certain provisions of amendment L.028 that address reservations about the bill raised by the executive branch, and addressed a question raised during previous testimony. Mr. Buescher responded to questions regarding limitations placed by local governments on the ability of firefighters to organize off-site, and the potential circumvention of home-rule authority by the bill. Discussion ensued regarding jurisprudence in the area of home-rule authority. Mr. Buescher responded to questions regarding responses by fire departments to emergencies beyond their jurisdictions, and the impact of such responses on home-rule authority.








02:37 PM -- Mr. Steve Pischke, representing the Colorado State Fire Chiefs Association, testified in opposition to the bill. Mr. Pischke addressed questions about cross-jurisdictional responses to emergencies. Mr. Pischke responded to questions regarding a comparison of firefighter safety among union and nonunion departments.

02:41 PM -- Mr. Ron Taylor, representing Westminster Firefighters Local 289, testified in support of the bill. Mr. Taylor addressed previous testimony about the impact of unionizing fire departments on firefighter safety, and the ability of unionized departments to communicate with authority.


02:46 PM

Mr. Hall returned to discuss an operational mandate between his department and Adams County, which has been rescinded.


02:47 PM

The committee recessed.


02:53 PM

The committee returned to order.
BILL:SB13-025
TIME: 02:53:13 PM
MOVED:Williams
MOTION:Adopt amendment L.028 (Attachment A). The motion passed on a vote of 7-3.
SECONDED:Salazar
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
Excused
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS









02:55 PM

Representative Williams provided closing remarks in support of Senate Bill 13-025. Various committee members expressed their positions on the bill.
BILL:SB13-025
TIME: 02:57:41 PM
MOVED:Williams
MOTION:Refer Senate Bill 13-025, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:Melton
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:01 PM -- House Bill 13-1292

Representative Lee, co-prime sponsor, presented House Bill 13-1292, concerning modifications to procurement requirements for government contracts related to United States domestic employment. Representative Lee explained discussed the merits of the bill, and provided a detailed explanation of the bill's provisions.


03:13 PM

Representative Lee continued to explain the effect of the provisions of House Bill 13-1292. Representative Lee responded to questions regarding how the bill affects undocumented workers, and penalties associated with contractors hiring nonresidents for public works projects. Representative Lee responded to further questions regarding the applicability of the bill to certain construction project phases, and the definition of "work" under the bill. Representative Lee responded to additional questions regarding the definition of "direct labor" in the bill, and reporting requirements for projects over $500,000 as specified in the bill.










03:22 PM

The following persons testified regarding House Bill 13-1292:

03:22 PM -- Mr. Jeff Weist, representing the Colorado Competitive Council, the Associated General Contractors of Colorado, and the Colorado Association of Mechanical and Plumbing Contractors, testified on the bill from a neutral position, pending further work on the bill. Mr. Weist discussed costs that will be incurred by contractors under the bill, and requested that the bill be amended to clarify certain provisions. Mr. Weist responded to questions regarding a requirement in law mandating that 80 percent of employees working on a public works contract be Colorado residents. Mr. Weist responded to further questions regarding how the 80-percent rule applies to certain border areas in the state, and certain compromises that brought the organizations he represents to a neutral position. Discussion ensued regarding the potential fiscal impact of the bill, and the potential for witnesses to return to address the fiscal impact once a fiscal note is available.

03:31 PM -- Mr. Michael Gifford, representing the Associated General Contractors of Colorado, testified on the bill from a neutral position. Mr. Gifford discussed compromises on the bill's 80-percent rule, and costs associated with the bill's requirements. Mr. Gifford said he is unaware of evidence that out-of-state residents are working on state public works projects in great numbers, and voiced support for state spending on controlled maintenance projects. Mr. Gifford responded to questions regarding current requirements for contractors employing 80 percent in-state workers for public works projects.

03:35 PM -- Mr. David Lueders, representing the Associated General Contractors of Colorado, testified regarding House Bill 13-1292 from a neutral position. Mr. Lueders provided his opinion on the bill from a general contractor perspective, and discussed costs associated with compliance with federal, state, and local laws when working on public works projects, including record-keeping for employees during large projects. Mr. Lueders responded to questions regarding his estimate for the increase in costs that will be driven by the bill, and the factors driving these cost increases. Discussion ensued regarding current requirements for hiring 80 percent Colorado residents when accepting a public works contract. Discussion followed regarding potential cost increases if House Bill 13-1292 were to pass. Mr. Lueders responded to further questions regarding enforcement of the current 80-percent rule.

03:44 PM -- Mr. Craig Clark, representing the National Electrical Contractors Association, Sheet Metal Contractors Association, and the Mechanical Contractors Association, testified on the bill from a neutral perspective. Mr. Clark discussed the need for further clarification of certain provisions of the bill. Mr. Clark responded to questions about how to comply with a provision in the bill requiring sourcing of certain U.S.-made products for public works contracts.

03:48 PM -- Mr. Tony Milo, representing the Colorado Contractors Association, testified in opposition to the bill. Mr. Milo explained how the 80-percent rule could be improved upon, as well as provisions in the bill concerning best value metrics. Mr. Milo responded to questions regarding how to account for and enforce the 80-percent rule.

03:52 PM -- Mr. Mark Latimer, representing the Associated Builders and Contractors Rocky Mountain Chapter, testified in opposition to the bill, suggesting that the bill runs counter to his organization's stance on free markets. Mr. Latimer discussed his negotiations with the bill's sponsors on the bill's requirements, and suggested that there is no apparent problem in the area of hiring out-of-state workers for public works contracts.









03:55 PM -- Mr. Brandon Berumen, representing the Hispanic Contractors of Colorado and the Independent Electrical Contractors Association, testified in opposition to the bill. Mr. Berumen objected to certain definitions in the bill, and explained that the best-value metrics provisions in the bill will create a bar to woman- and minority-owned contractors. Mr. Berumen also objected to the costs that contractors will bear if the bill were to pass.

03:58 PM -- Mr. Ted Orf, representing the Association of Governments of Northwest Colorado, testified in opposition to House Bill 13-1292. Mr. Orf discussed cost increases that will result from the bill, leading to a reduction in public works projects. Mr. Orf also said the bill will be problematic from an administrative perspective.

04:00 PM -- Mr. Evan Goulding, representing the Special District Association of Colorado, testified in opposition to the bill. Mr. Goulding echoed previous concerns raised about the bill. Mr. Goulding responded to a question about the number of special districts he represents.

04:01 PM -- Mr. Phil Hayes, representing the Colorado AFL-CIO, and Ms. Kandice McKeon, representing the Colorado Building and Construction Trades Council, testified in support of the bill. Mr. Hayes discussed the merits of the bill. Ms. McKeon discussed the potential impact of the bill in the area of jobs preservation for Coloradans. Discussion ensued regarding the potential for administrative costs to increase as a result of amending the 80-percent rule by the bill. Mr. Hayes addressed concerns raised earlier about compliance with the 80-percent rule in areas of the state near the border. Discussion ensued on this point. Mr. Hayes responded to questions regarding evidence pertaining to violations of the current 80-percent rule.


04:15 PM

Discussion ensued regarding the plan for hearing the bill in the future.


04:16 PM

The committee adjourned.