Joint Committee Committee on Legislative Council (11/14/2013)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON LEGISLATIVE COUNCIL

Date:	11/14/2013	ATTENDANCE

Time:	09:03 AM to 10:55 AM	Cadman	E
		Dore	X
Place:	HCR 0112	Grantham	X
		Harvey	*
This Meeting was called to order by		Heath	X
	Senator Guzman	Hullinghorst	X
		McCann	X
This Report was prepared by		Melton	X
	Hillary Smith	Murray	X
		Newell	X
		Nicholson	X
		Pabon	X
		Priola	X
		Scheffel	X
		Szabo	X
		Tochtrop	X
		Ferrandino	X
		Guzman	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Opening Comments Economic Opportunity Poverty Reduction Task Force Transportation Legislation Review Committee Police Officers and Firefighters Pension Reform Commission Water Resources Review Committee Wildfire Matters Review Committee Juvenile Defense Attorney Interim Committee Legislative Oversight Committee for Mental Illness in the Criminal Justice System Early Childhood and School Readiness Legislative Commission		Witness Testimony and/or Committee Discussion Only 7 Recommendations Approved 5 Recommendations Approved 2 Recommendations Approved 6 Recommendations Approved 10 Recommendations Approved 3 Recommendations Approved 2 Recommendations Approved 4 Recommendations Approved

09:05 AM -- Opening Comments

President Pro Tempore Guzman, chair, called the meeting to order.

Mr. Mike Mauer, the executive director of Legislative Council Staff, explained that the purpose of the meeting has historically been to decide whether bills proposed by interim committees fit the charge of the interim committee. He explained how the meeting would proceed.

09:07 AM -- Economic Opportunity Poverty Reduction Task Force

Senator Kefalas, Economic Opportunity Poverty Reduction Task Force chair, came to the table to present Bills A through G recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment A.

131114 AttachA.pdf
The bills are as follows:

Bill A – Property Tax Rent Heat Fuel Grants For Low Income. Bill A modifies the Property Tax, Rent, and Heat Rebate program by:
• increasing the grant amount from $600 to $700;
• increasing the income eligibility limits from $12,639 to $14,937 for individuals and from $16,935 to $20,163 for married couples; and
• establishing flat minimum grant amounts for eligible individuals or married couples of $227 for the real property tax expense assistance grant and $73 for the heat or fuel expenses assistance grant.

The bill also requires the Department of Revenue to replace the quarterly assistance payments with a single payment, and allows the department to do outreach programs instead of mailing grant forms each year. Additionally, the department must waive the reimbursement and interest penalties for overpayments to recipients that are caused by a departmental error.

Bill B – Identification Card Issuance Standards. Bill B requires the Department of Revenue to issue identification cards using U.S. government documents to prove lawful presence, and creates a simplified process for a person to change his or her name if the person is at least 70 years old or at least 50 years old and a veteran of the armed forces. This identification card would be available for Colorado residents who cannot produce a birth certificate or other documents required to receive existing forms of state identification.

Bill C – Aid to the Needy Disabled Program. Bill C ties the assistance payment under the Aid to the Needy Disabled program to an amount equal to a certain percentage of monthly income under the federal poverty guidelines.

Bill D – Adult Education and Literacy Programs. Bill D designates an office within the Department of Education as the administrator of the Adult Education and Literacy Grant Program, which provides state money to fund programs that provide adult literacy and numeracy skills courses. The adult literacy program in the bill would replace the Family Education Grant Program, effective July 1, 2014.

Bill E – Community Development Financial Institutions. Bill E allows public funds to be invested in general obligation bonds issued by community development financial institutions registered to operate and in good standing with the Secretary of the State. The bill also broadens the definition of a “qualified holder” to include more entities, and allows those entities to present a request for full or partial release of collateral pledged without presentation of the original promissory note.

Bill F – Income Tax Credit for Child Care Expenses. Bill F creates a refundable child care tax credit that is independent of any tax credit received on the federal level. A resident taxpayer with a federal adjusted gross income of $25,000 or less may claim this credit for the care of any dependent child under the age of 13 as long as the taxpayer falls under the proper expenses and tax liability to claim the credit on the federal level. The maximum credit is $500 for a single dependent or $1,000 for two or more dependents. Child care expenses used as the basis to claim the credit may not exceed the resident's earned income for the year and the claimant must provide the tax identification number for the child and child care provider.

Bill G – Colorado Child Care Assistance Program. Bill G makes changes to an existing Child Care Assistance Program (CCAP) cliff effect pilot program. The "cliff effect" occurs when a working parent enrolled in CCAP receives a minor increase in his or her income that makes the parent no longer eligible for child care assistance, but the increase in income is not enough to cover child care expenses without the assistance. The bill extends the length of the pilot program, allows counties to limit participation in the program, creates more flexibility in designing the program, and clarifies the data collection and reporting responsibilities of the Departments of Human Services and county departments of human services. The bill also creates a grant program in the Department of Human Services to encourage counties to undertake activities that promote access to child care and increase the quality of child care providers who accept CCAP. The bill specifies how the grant money may be used.

09:10 AM

Senator Kefalas summarized the work of the task force and its working groups. He then walked the committee through each of the task force's bills.

09:14 AM

Representative Szabo sought information about the potential fiscal impact of the bills. Senator Kefalas spoke about preliminary fiscal analyses of some of the bills. He asked the committee to move the bills forward and allow the sponsors to work on the fiscal impact as the bills move through the process.

09:16 AM

Senator Guzman spoke about aspects of the committee's charge related to nutrition. Senator Kefalas discussed efforts to address nutrition in past years. Senator Newell spoke about overlap between the work of the Economic Opportunity Poverty Reduction Task Force and the Early Childhood and School Readiness Legislative Commission. Representative Priola shared his positions on the bills, and Representative Murray expressed her concerns about the lack of bipartisan consensus on the bills.


BILL:	Economic Opportunity Poverty Reduction Task Force
TIME:	09:18:24 AM
MOVED:	Tochtrop
MOTION:	Approve Bill F forwarded by the Economic Opportunity Poverty Reduction Task Force as fitting under the committee's charge. The motion passed on a vote of 11-6, with one member excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	No
	Grantham	No
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	No
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	Yes
	Scheffel	No
	Szabo	No
	Tochtrop	Yes
	Ferrandino	Yes
	Guzman	Yes
Final YES: 11 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Economic Opportunity Poverty Reduction Task Force
TIME:	09:24:20 AM
MOVED:	Pabon
MOTION:	Approve Bills A, B, C, D, E, and G forwarded by the Economic Opportunity Poverty Reduction Task Force as fitting under the committee's charge. The motion passed on a vote of 10-7, with one member excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	No
	Grantham	No
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	No
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	No
	Scheffel	No
	Szabo	No
	Tochtrop	Yes
	Ferrandino	Yes
	Guzman	Yes

Final YES: 10 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:26 AM -- Transportation Legislation Review Committee

Representative Tyler, Transportation Legislation Review Committee chair, came to the table to present Bills A through E recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment B.

131114 AttachB.pdf

The bills are as follows:

Bill A — Disabled Parking License Plates Placards. Bill A recodifies the disabled parking statutes to clarify that:

• the Colorado Advisory Council for Persons with Disabilities may implement an education program;
• persons may get personalized license plates with an identifying figure;
• the Department of Revenue must place a "C" on the registration of the parent of a child who is mobility impaired and has a license plate granting reserved parking;
• if an entity transports mobility-impaired people, the entity must provide a driver's license or identification document of its executive director or chief executive officer;
• disabled placards must be visible through the windshield and hung on the rearview mirror or placed on the dashboard;
• an applicant for a license plate or placard with the identifying figure must sign an affidavit that the person for whom it is issued is eligible;
• reserved parking signs must conform to the requirements of the "Americans with Disabilities Act;"
• the chief officer and the employee of a company that violates parking laws are each individually liable; and
• the prohibition against using reserved parking for commercial purposes does not apply when the owner of the business consents to its use.

Bill B — Divisible Load Overweight Vehicle Permits. Bill B authorizes an overweight permit for vehicles that haul sludge for wastewater purposes or other loads that are deemed a public hazard by the Colorado Department of Transportation, and sets standards for the application and issuance of permits. The bill also authorizes the issuance of an annual fleet permit for two- and three-axle group vehicles with divisible loads. The fee for the permit is $2,000 plus $35 per vehicle.

Bill C — Plug-in Electric Motor Vehicle Definition. Bill C clarifies the definition of a plug-in electric motor vehicle. For the purposes of registering a motor vehicle, a "plug-in electric motor vehicle" is defined as a vehicle that can be recharged from any external source of electricity and the electricity stored in a rechargeable battery pack propels or contributes to propel the vehicle's drive wheels. The definition includes motor vehicles that are certified to be eligible for a particular federal tax credit and other vehicles that may be retrofitted to be a plug-in electric vehicle.

Bill D — Highway Restriction Violation Penalties. Bill D raises the fine for the operator of a commercial vehicle who violates a road closure or road restriction from $500 to $2,000, and when the violation of a restriction results in the closure of a travel lane, the fine is increased to $2,500. Additionally, two license plate suspension points will be imposed for each of these violations.

Bill E — Nonconsensual Tow Motor Vehicle. Bill E changes the limitations on vehicles that are subject to rate regulation when being towed without the owner's consent. Currently, the Public Utilities Commission regulates rates for a nonconsensual tow of a motor vehicle if the vehicle is 10,000 pounds or less. The bill repeals the 10,000-pound limitation to apply the rate regulation to all vehicles. The bill also creates a committee to advise the Public Utilities Commission on rates and investigations of overcharges.

09:28 AM

Representative Tyler spoke about the tours that the committee took over the interim. He walked the committee through each of the bills.

09:30 AM

Senator Heath spoke about his work on the Transportation Legislation Review Committee. Representative McCann asked for information about Bill A related to violations applicable to a chief officer of a company. Representative Tyler responded to her question. Conversation continued on this point. Senator Tochtrop shared her concerns about potential abuse. She also spoke about inconveniences in applying for temporary handicapped placards and suggested that the sponsors examine this issue.


BILL:	Transportation Legislation Review Committee
TIME:	09:32:07 AM
MOVED:	Heath
MOTION:	Approve Bills A, B, C, D, and E forwarded by the Transportation Legislation Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:
		VOTE
	Cadman	Excused
	Dore
	Grantham
	Harvey
	Heath
	Hullinghorst
	McCann
	Melton
	Murray
	Newell
	Nicholson
	Pabon
	Priola
	Scheffel
	Szabo
	Tochtrop
	Ferrandino
	Guzman

Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

09:37 AM -- Police Officers' and Firefighters' Pension Reform Commission

Senator Tochtrop, Police Officers' and Firefighters' Pension Reform Commission member, came to the table to present Bills A and B recommended by the commission. The summary report prepared for the Legislative Council Committee, copies of the bills, and the commission's charge can be found in Attachment C. Senator Tochtrop responded to questions from Representative Dore.

131114 AttachC.pdf

The bills are as follows:

Bill A — Volunteer Firefighter Pension Plans. Bill A amends existing statutes related to the administration of volunteer firefighter plans affiliated with the Fire and Police Pension Association (FPPA). Specifically, the bill:

• directs the Department of Local Affairs to distribute any state moneys for volunteer firefighter pension plans to be credited to the assets of the plan for which they were transferred;
• specifies the responsibilities of the volunteer firefighter pension plan governing body that is affiliated with the FPPA;
• specifies the responsibilities of the FPPA in connection with the volunteer firefighter pension plans with which it is affiliated; and
• specifies how the volunteer firefighter pension plan governing body may terminate its association with the FPPA.

Bill B — Modifications to Old Hire Plans. Bill B amends existing statutes related to the administration of an employer's old hire police officers' and firefighters' pension plans. Specifically, the bill:

• clarifies the acceptable use of plan moneys when none of the plan members are active participants in the plan;
• repeals provisions regarding the transfer of money from the state General Fund and contributions from associated employers to fund a plan's unfunded liability;
• repeals provisions regarding the annual distribution of state moneys;
• modifies requirements for actuarial studies of old hire plans;
• specifies the FPPA's and the old hire pension plan board's responsibilities in connection to plans affiliated with the FPPA;
• clarifies that an employer's resolution to affiliate with a plan must be approved by the FPPA; and
• specifies that the amount of annual contributions to state assisted plans must be in amounts that are sufficient to achieve a specified authorization period.


BILL:	Police Officers' and Firefighters' Pension Reform Commission
TIME:	09:40:03 AM
MOVED:	Tochtrop
MOTION:	Approve Bills A and B forwarded by the Police Officers' and Firefighters' Pension Reform Commission as fitting under the commission's charge. The motion passed without objection.
SECONDED:
		VOTE
	Cadman	Excused
	Dore
	Grantham
	Harvey
	Heath
	Hullinghorst
	McCann
	Melton
	Murray
	Newell
	Nicholson
	Pabon
	Priola
	Scheffel
	Szabo
	Tochtrop
	Ferrandino
	Guzman

Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

09:41 AM -- Water Resources Review Committee

Senator Hodge, Water Resources Review Committee member, came to the table to present Bills A through E and Resolution A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment D.

131114 AttachD.pdf

The bills are as follows:

Bill A — Hydroelectric Generation Incentives. Bill A requires the State Electrical Board to approve the installation of a motor as a generator for a hydroelectric energy facility under certain circumstances and authorizes the Department of Natural Resources to serve as the coordinating state agency for compiling state agency comments in Federal Energy Regulatory Commission license proceedings. It also incorporates community hydroelectric energy facilities into the community solar garden statute.

Bill B — Flexible Water Markets. Bill B creates a more flexible change-in-use system by allowing an applicant who seeks to implement fallowing, regulated deficit irrigation, reduced consumptive use cropping, or other alternatives to the permanent dry-up of irrigated lands to apply for a change in use to any beneficial use, without designating the specific beneficial use to which the water will be applied. It defines "flex use" to mean an application of the fully consumptive portion of water that has been subject to a water right change-in-use proceeding to any beneficial use and redefines "appropriation" to exclude flex use from the anti-speculation doctrine. The bill also describes the procedures for obtaining a flex use change-in-use decree and a flex use substitute water supply plan.

Bill C — Wastewater Treatment Small Communities Grants. Bill C clarifies that severance tax dollars credited to the Small Communities Water and Wastewater Grant Fund may be used for domestic wastewater treatment works. The department is required to issue grants based on needs and problems related to public health. The bill also repeals a statute that separately governs the funding, through grant-making, of domestic wastewater treatment works for small municipalities and that substantially duplicates the provisions of Bill C.

Bill D — Remove Division of Water Resources Printing Requirements. Bill D removes the requirement that the Division of Water Resources print: the State Engineer's annual report to the General Assembly; the substitute water supply plan notification list; the division engineers' tabulations of decreed and conditional water rights; and the State Engineer's decisions concerning substitute water supply plans and interruptible water supply agreements.

Bill E — Oppose Federal Special Use Permit Water Right Term. Bill E specifies that a water right obtained by the United States as a result of a transfer or conveyance required as a condition to a special use permit or right-of-way was obtained for speculative purposes. Such rights are deemed forfeited by the United States and must revert to the prior owner under the right's original priority.

Resolution A — Forest Products Transport Interstate Weight Limit. Resolution A urges the U.S. Congress to pass legislation creating a special exemption from the federal maximum weight limit on interstate highways for forest product industries.

09:44 AM

Senator Hodge noted that the Water Resources Review Committee requires a two-thirds vote to forward a bill to Legislative Council. She walked the committee through each of the bills and the resolution.

09:46 AM

Senator Grantham asked for further information about Bill E. Representative Hullinghorst asked why Resolution A came through the Water Resources Review Committee. Senator Hodge said that getting beetle-kill wood out of the forests protects the state's watershed.


BILL:	Water Resources Review Committee
TIME:	09:47:49 AM
MOVED:	Newell
MOTION:	Approve Bills A, B, C, D, and E and Resolution A forwarded by the Water Resources Review Committee as fitting under the committee's charge. The motion passed without objection.
SECONDED:
		VOTE
	Cadman	Excused
	Dore
	Grantham
	Harvey
	Heath
	Hullinghorst
	McCann
	Melton
	Murray
	Newell
	Nicholson
	Pabon
	Priola
	Scheffel
	Szabo
	Tochtrop
	Ferrandino
	Guzman

Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

09:48 AM -- Wildfire Matters Review Committee

Senator Nicholson, Wildfire Matters Review Committee chair, came to the table to present Bills A through I and Resolutions A and B recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment E.

131114 AttachE.pdf

The bills are as follows:

Bill A — Removal of Trees by Local Governments to Reduce Fire Risk. Current law authorizes counties and municipal governments to compel the removal of weeds and brush from private property, and to recover the cost of removal through an assessment on the property owner. Bill A extends local government authority to abate nuisance vegetation to specifically include trees. Action by a local government to remove trees must include a finding that the trees to be removed are a fire hazard.

Bill B — Prohibit Agricultural Burning Fire Danger and Restrict Fireworks. Bill B allows county governments to prohibit or restrict the ability of agricultural producers to conduct burning on their properties during periods when red flag warnings or fire weather watches have been issued by the National Weather Service. The bill further strikes an existing provision in state law that limits the ability of county governments to prohibit or restrict the sale, use, and possession of fireworks between May 31 and July 5 of each year. This provision currently allows county governments to prohibit such activity during this period based only on an express finding of high fire danger.

Bill C — Allow CWRPDA Private Entity Forest Health Loans. Current law provides that the Colorado Water Resources and Power Development Authority (CWRPDA) may issue bonds with proceeds to be used for loans to governmental agencies for certain forest health projects. Bill C extends CWRPDA authority to allow forest health project loans to private entities.

Bill D — Change Wildfire Mitigation Tax Deduction to Credit. For each tax year until 2024, current law allows taxpayers who have undertaken wildfire mitigation measures on their property to deduct up to half the cost of these measures, not to exceed a total deduction of $2,500, from their state taxable income. For tax years 2015 through 2024, Bill D repeals the current income tax deduction and provides an income tax credit of up to $2,500 for half the cost of wildfire mitigation measures. The bill limits eligibility for the credit to taxpayers who own and perform mitigation work on property in the wildland-urban interface. The bill includes relevant definitions and provisions for the carryover of the credit for up to five years.

Bill E — Local Firefighter Safety Grant Program. Bill B creates the Local Firefighter Safety and Disease Prevention Fund for use in making need-based grants to local governing bodies for equipment and training designed to increase firefighter safety and prevent occupation-related diseases. The bill requires the director of the Division of Fire Prevention and Control to promulgate rules governing the award of such grants, including consideration of recommendations of the Fire Service Training, Certification, and Firefighter Safety Advisory Board and the recipient governing body's other fund-raising efforts. The bill transfers $3.25 million annually for five fiscal years to the new fund from the Mineral Leasing Fund in lieu of transferring the moneys to the Wildfire Preparedness Fund.

Bill F — Wildland Firefighters Death Benefit Payments. Bill F directs the Division of Fire Prevention and Control within the Department of Public Safety to make a lump-sum payment of $10,000 to the survivors of a seasonal wildland firefighter employed by the state or a local government who is killed in the line of duty. The bill authorizes the director of the division to adopt rules as necessary to administer and fund the death benefits.

Bill G — Immunity for Public Agencies from Insurance Wildfire Mitigation. Under current law, emergency responders, including governmental agencies involved in wildfire response, are generally immune from civil liability for emergency-related death or injuries. Bill G extends this immunity to protect governmental agencies against the acts of insurance companies and their contractors engaged in the protection of private property. The bill specifies that such insurance companies and their contractors are not eligible for governmental immunity or volunteer immunity under Colorado law. The bill also authorizes an insurer to provide services protecting the property of its policyholders in the course of an emergency.

Bill H — Wildfire Information and Resource Center. Bill H creates the Wildfire Information and Resource Center in the Department of Public Safety's Division of Fire Prevention and Control. The bill states that the center will improve protection of the public by enhancing access to information by homeowners, wildland fire professionals, the media, and educators. The center must maintain a website including information regarding current wildfires in Colorado, how to prevent and prepare for a wildfire, statewide fire danger and current burning restrictions, current prescribed burn activity in Colorado and contact information for the responsible agency, wildland and prescribed fire training, sources of funding for wildfire mitigation activities, and any other information that the division director deems pertinent, such as wildfire research.

Bill I — Corrections To Prescribed Burning Program Laws. Bill I makes technical changes to the prescribed burning program created under Senate Bill 13-083, including changing certain terminology and stipulating that, under prescribed burning standards promulgated by the director of the Division of Fire Prevention and Control, only a person qualified by National Wildfire Coordinating Group standards may satisfy requirements to have a qualified person present at a prescribed burn site. Current law allows individuals certified by the division to also satisfy on-site requirements.

Resolution A — Honor Granite Mountain Interagency Hotshots. Joint Resolution A honors the Granite Mountain Interagency Hotshot firefighting crew based in Prescott, Arizona, which lost 19 of its members while battling the Yarnell Hill Fire in Arizona in June 2013. The crew has a history of responding to wildfires in Colorado.

Resolution B — Honor Colorado National Guard. Resolution B honors the Colorado Army National Guard and Air National Guard for their wildfire response efforts.

The committee approved two of these bills, Bill A and Bill D, without prime sponsors. Legislative rules require these two bills to have prime sponsors in order to be approved by the Legislative Council. As a result, the committee recommends an additional bill, Bill I, conditional upon one of two bills, Bill A or Bill D, not having prime sponsorship by the time the Legislative Council acts on the measures.

09:48 AM

Senator Nicholson walked the committee through each of the bills. Speaker Ferrandino sought clarification concerning why Bill A is not moving forward. He also spoke about his concerns about continuous appropriations. Senator Nicholson responded to his comments. The committee discussed the sponsorship for Bill D, noting that it needs a House sponsor prior to moving forward. Representative Hullinghorst agreed to sponsor Bill D.


BILL:	Wildfire Matters Review Committee
TIME:	09:51:02 AM
MOVED:	Nicholson
MOTION:	Approve Bill C forwarded by the Wildfire Matters Review Committee as fitting under the committee's charge. The motion passed on a vote of 12-5, with one member excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	No
	Grantham	No
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	Yes
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	Yes
	Scheffel	No
	Szabo	No
	Tochtrop	Yes
	Ferrandino	Yes
	Guzman	Yes

Final YES: 12 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Wildfire Matters Review Committee
TIME:	09:57:52 AM
MOVED:	Nicholson
MOTION:	Approve Bill D forwarded by the Wildfire Matters Review Committee as fitting under the committee's charge. The motion passed on a vote of 10-7, with one member excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	No
	Grantham	No
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	Yes
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	No
	Scheffel	No
	Szabo	No
	Tochtrop	No
	Ferrandino	Yes
	Guzman	Yes

Final YES: 10 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Wildfire Matters Review Committee
TIME:	09:58:50 AM
MOVED:	Nicholson
MOTION:	Approve Bills B, E, F, G, H, and I and Resolutions A and B forwarded by the Wildfire Matters Review Committee as fitting under the committee's charge. The motion passed on a vote of 14-3, with one member excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	No
	Grantham	Yes
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	Yes
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	No
	Scheffel	Yes
	Szabo	Yes
	Tochtrop	Yes
	Ferrandino	Yes
	Guzman	Yes

Final YES: 14 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:00 AM -- Juvenile Defense Attorney Interim Committee

President Pro Tempore Guzman, Juvenile Defense Attorney Interim Committee vice-chair, came to the table to present Bills A and B and Resolution A recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment F.

131114 AttachF.pdf

The bills are as follows:

Bill A — Defense Counsel for Juvenile Offenders. Bill A makes a number of changes to the provision of defense counsel for juveniles. Specifically, the bill:

• requires certain information about defense counsel to be included in a promise to appear or court summons for a juvenile;
• requires the screening team at a detention facility, temporary holding facility, or shelter facility to promptly notify the court, the district attorney, and the local office of the state public defender upon a juvenile's placement at the facility;
• requires the law enforcement agency that arrested the juvenile and the screening team to provide certain information to the court and to defense counsel;
• specifies that the court may not deem a guardian ad litem to be a substitute for defense counsel for the juvenile; and
• includes several provisions addressing detention hearings, the appointment of counsel, and waivers of counsel, which are explained in more detail below.

Detention hearings. Bill A requires a juvenile who is detained to be represented at the detention hearing by counsel. If the juvenile does not retain private counsel, he or she will be appointed an attorney from the Office of the State Public Defender (OSPD) or the Office of the Alternate Defense Counsel. This representation will continue unless the juvenile later retains private counsel or makes a knowing, intelligent, and voluntary waiver of the right to counsel.

Appointment of counsel. At a juvenile's first appearance before the court, the court must advise the juvenile of his or her constitutional and legal rights, including the right to counsel. The court must appoint counsel for the juvenile unless the juvenile has retained private counsel or makes a knowing, intelligent, and voluntary waiver of the right to counsel. This appointment continues until the court's jurisdiction is terminated, the juvenile retains counsel, or the juvenile makes a knowing, intelligent, and voluntary waiver of the right to counsel.

Under current law, the assets and income of the juvenile's parents or guardian are taken into account when determining whether a juvenile meets the indigency level to qualify for court-appointed counsel. Under Bill A, for purposes of applying for court-appointed counsel, only the assets and income of the juvenile are considered.

Waiver of counsel. Currently, state law is silent on the procedure for waiving counsel in juvenile cases, although case law does provide some guidance. Bill A specifies that the court may accept a waiver of counsel by a juvenile only if the juvenile:

• is of a sufficient maturity level to make a voluntary, knowing, and intelligent waiver;
• has consulted with counsel and understands the sentencing options available to the court;
• has not been forced by any other party into making the waiver;
• understands that the court will provide counsel for the juvenile; and
• understands the possible consequences that may result from an adjudication or conviction.

The bill states that only a juvenile may waive the right to counsel, after consulting with his or her attorney. If the juvenile is in the custody of the Colorado Department of Human Services or a county department of social services, a waiver will not be permitted. In addition, waivers are not allowed in any proceeding related to:

• a sexual offense;
• a crime of violence;
• an offense for which the juvenile will receive a mandatory sentence;
• an offense for which the juvenile is being charged as a repeat juvenile offender, aggravated juvenile offender, or mandatory sentence offender;
• a case in which the prosecutor has announced that he or she is seeking to file charges in adult court; or
• a case in which the prosecutor has announced that he or she is seeking to transfer the case to adult court.

Bill B — Social Workers for Juveniles. Bill B specifies that the OSPD may hire social workers to assist in defending juvenile defendants. Any report prepared by the social worker and submitted to the court by the juvenile's attorney must be considered as evidence in the proper disposition of the juvenile's case.

Resolution A — Request Judicial Action on Juvenile Defense. Resolution A requests that the Chief Justice of the Colorado Supreme Court take certain actions concerning the adjudication of juvenile delinquency cases. Specifically, the resolution requests that the Chief Justice:
• issue a directive to state judges to assign juvenile delinquency cases, to the extent practicable, to a single courtroom within each judicial district and to allow judges with juvenile dockets to remain in that rotation so that they may develop expertise in the handling of juvenile cases;
• convene a task force within the Judicial Branch to manage juvenile delinquency cases in a manner that includes best practices in: the education of judicial officers; docket rotation and assignment; management of juvenile delinquency cases; and regular educational opportunities for judicial officers relating to the science of juvenile and adolescent maturity and brain development; and
• establish a committee to review the Colorado Rules of Juvenile Procedure, juvenile court forms, and Chief Justice Directive 04-04 and make recommendations concerning any amendments that may be necessary to improve the juvenile justice system.

10:02 AM

President Pro Tempore Guzman walked the committee through each of the bills and the resolution.

10:03 AM

Senator Newell commented that she was able to talk to both sponsors of Bill A and that they are willing to address concerns about the bill. She expressed her support for Bill B. Representative McCann asked whose finances will be considered in terms of qualifications for an appointment. Conversation continued on this point. Senator Harvey noted that Bill A came out of the committee on a party-line vote. He stated that the intent of the bill is to take only the juvenile's assets into account.

10:10 AM

Senator Harvey spoke about his work on the interim committee. He said that most district attorneys want to redirect a child out of the juvenile justice system, but there are some district attorneys that treat juvenile court as if it were adult court. He also noted that judges are often rotated through juvenile court without much knowledge about the system. He expressed the view that nothing that the interim committee did addressed any of those issues. He said that many judicial districts do not need Bill A and will actually be harmed by it.

10:16 AM

President Pro Tempore Guzman responded to Senator Harvey's remarks. Representative Szabo shared her thoughts on Bill A. She stated that everyone in the country should be given due process. She said that she will support the bill today, but expects to see changes made when session starts. Speaker Ferrandino and Senator Nicholson shared their concerns with the bill. Senator Nicholson spoke about the use of presumptive eligibility in certain medical programs. Senator Harvey responded to Senator Nicholson's and Representative Szabo's comments. Discussion continued.

10:26 AM

Representative Murray, Senator Newell, and Representative Priola shared their thoughts on Bill A.


BILL:	Juvenile Defense Attorney Interim Committee
TIME:	10:29:46 AM
MOVED:	Guzman
MOTION:	Approve Bill A forwarded by the Juvenile Defense Attorney Interim Committee as fitting under the committee's charge. The motion passed on a vote of 12-4, with two members excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	No
	Grantham	Excused
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	No
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	Yes
	Scheffel	No
	Szabo	Yes
	Tochtrop	Yes
	Ferrandino	Yes
	Guzman	Yes

Final YES: 12 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	Juvenile Defense Attorney Interim Committee
TIME:	10:31:21 AM
MOVED:	Guzman
MOTION:	Approve Bill B and Resolution A forwarded by the Juvenile Defense Attorney Interim Committee as fitting under the committee's charge. The motion passed on a vote of 13-3, with two members excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	Yes
	Grantham	Excused
	Harvey	Yes
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	No
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	No
	Scheffel	No
	Szabo	Yes
	Tochtrop	Yes
	Ferrandino	Yes
	Guzman	Yes

Final YES: 13 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:32 AM -- Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems

Senator Newell, Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems chair, came to the table to present Bills A and B recommended by the committee. The summary report prepared for the Legislative Council Committee, copies of the bills, and the committee's charge can be found in Attachment G.

131114 AttachG.pdf

The bills are as follows:

Bill A — Persons with Mental Illness in the Criminal Justice Systems — The bill extends the repeal date for the legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems and associated task force from July 1, 2015, to July 1, 2020. The legislative oversight committee and task force are renamed the legislative oversight committee and task force concerning the treatment of persons with mental illness in the criminal and juvenile justice systems, and the cash fund is renamed accordingly. Two new members are added to the task force, one from the Office of the Child's Representative and one from the Office of the Alternate Defense Counsel. The task force is assigned additional duties. Authorization is granted to provide travel compensation and reimbursement for members of the task force, subject to available funds.

Bill B — Juvenile Competency to Proceed Determination — The bill creates a definition of "incompetent to proceed" that is specific to juveniles in order to distinguish it from that used for adults in the criminal justice system.

10:34 AM

Senator Newell explained the work of the oversight committee and its task force. She walked the committee through each of the bills.


BILL:	Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems
TIME:	10:36:11 AM
MOVED:	Newell
MOTION:	Approve Bills A and B forwarded by the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems as fitting under the committee's charge. The motion passed on a vote of 13-1, with four members excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	Yes
	Grantham	Excused
	Harvey	Yes
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Excused
	Murray	Yes
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	No
	Scheffel	Yes
	Szabo	Yes
	Tochtrop	Yes
	Ferrandino	Excused
	Guzman	Yes

Final YES: 13 NO: 1 EXC: 4 ABS: 0 FINAL ACTION: PASS

10:38 AM -- Early Childhood and School Readiness Legislative Commission

Senator Hudak, Early Childhood and School Readiness Legislative Commission chair, came to the table to present Bills A through D recommended by the commission. Copies of the bills and the commission's charge can be found in Attachment H. The commission did not prepare a summary report, but Senator Hudak distributed a summary of the bills to the committee (Attachment I).

131114 AttachH.pdf

131114 AttachI.pdf

The bills are as follows:

Bill A — Early Childhood Educator Development Scholarship Program — Bill A expands the Early Childhood Educator Development Scholarship program to provide stipends to offset the costs of obtaining any postsecondary degree or certificate in early childhood education for a person employed in early childhood education. The bill also expands the criteria for awarding stipends to include the consideration of the diversity of applicants and allows the State Board of Education to award stipends only to applicants who serve high-needs children.

Bill B — Early Childhood Quality Incentive Program — The bill creates an Early Childhood Quality Incentive Program (ECQIP) in the Colorado Department of Education and within the Colorado Preschool Program. The ECQIP awards grants to school districts to cover the costs of a school-readiness quality rating for its preschool program and related grants for quality improvement. Bill B provides further details about the administration and operation of the ECQIP.

Bill C — Notice of Child Care Authorization and Child Care Assistance Eligibility Period — Bill C clarifies that if a child is enrolled in the Colorado Child Care Assistance Program, the duration of the child care authorization notice, which authorizes payment of child care costs, is the same as the period for which the child's family is eligible for child care assistance. The bill provides for certain exceptions to this requirement.

Bill D — Student Data Collection — Bill D directs the Colorado Department of Education to work with the Colorado Department of Human Services and the Office of Information Technology to establish procedures to link the student data collected by publicly funded early childhood education programs with the student data collected by school districts and public schools. The departments and the office are required to begin implementing the procedures by October 1, 2014. Bill D requires the Early Childhood and School Readiness Legislative Commission to meet annually with the departments to receive a briefing on the departments' progress in linking student data.

10:39 AM

Senator Hudak walked the committee through the bills.

10:44 AM

Representative Dore asked for additional information concerning Bill D. Senator Hudak responded to his questions. Conversation continued on this point.

10:48 AM

Senator Tochtrop asked whether it is possible to track children in private preschools. Senator Hudak and Senator Newell noted possible concerns with such an idea.

10:50 AM

Representative Szabo asked if there is any information about the potential fiscal impact of the bills. Committee discussion ensued.


BILL:	Early Childhood and School Readiness Legislative Commission
TIME:	10:53:46 AM
MOVED:	Nicholson
MOTION:	Approve Bills A, B, C, and D forwarded by the Early Childhood and School Readiness Legislative Commission as fitting under the commission's charge. The motion passed on a vote of 11-4, with three members excused.
SECONDED:
		VOTE
	Cadman	Excused
	Dore	Yes
	Grantham	Excused
	Harvey	No
	Heath	Yes
	Hullinghorst	Yes
	McCann	Yes
	Melton	Yes
	Murray	Yes
	Newell	Yes
	Nicholson	Yes
	Pabon	Yes
	Priola	No
	Scheffel	No
	Szabo	No
	Tochtrop	Yes
	Ferrandino	Excused
	Guzman	Yes

Final YES: 11 NO: 4 EXC: 3 ABS: 0 FINAL ACTION: PASS

10:55 AM

The committee adjourned.