Date: 04/08/2013

Final
BILL SUMMARY for SB13-025

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.028. The motion passed on a vote
Refer Senate Bill 13-025, as amended, to the Commi		PASS
PASS



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