House Committee on Education (02/24/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/24/2005	ATTENDANCE

Time:	01:39 PM to 03:40 PM	Balmer	E
		Benefield	X
Place:	HCR 0107	King	X
		Larson	E
This Meeting was called to order by		McKinley	X
	Representative Merrifield	Penry	*
		Pommer	X
This Report was prepared by		Rose	X
	Cathy Eslinger	Solano	X
		Todd	X
		White	X
		Paccione	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1163 HB05-1248 HB05-1284 HB05-1279 HB05-1237		Amended, Referred to the Committee of the Whole Postponed Indefinitely Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

01:40 PM -- House Bill 05-1163

Representative Pommer came to the table to review House Bill 05-1163, concerning the authority of a school district board of education over a public school located within the geographic boundaries of the school district. The committee heard testimony on the bill at its February 1st meeting.


BILL:	HB05-1163
TIME:	01:41:36 PM
MOVED:	Pommer
MOTION:	Moved a conceptual amendment to strike sections 3,4 5, and 6 of the bill. The motion passed without objection.
SECONDED:	Paccione
		VOTE
	Balmer
	Benefield
	King
	Larson
	McKinley
	Penry
	Pommer
	Rose
	Solano
	Todd
	White
	Paccione
	Merrifield
Not Final YES: 0 NO: 0 EXC: 2 ABS: 1 FINAL ACTION: Pass Without Objection


BILL:	HB05-1163
TIME:	01:43:00 PM
MOVED:	King
MOTION:	Moved amendment L.001 (Attachment A). The motion failed on a 5-8 roll call vote.
SECONDED:	Rose
		VOTE
	Balmer	Yes
	Benefield	No
	King	Yes
	Larson	No
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	Yes
	Paccione	No
	Merrifield	No
Not Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1163
TIME:	01:47:45 PM
MOVED:	King
MOTION:	Moved amendment L.002 (Attachment B). The motion failed on a 5-8 roll call vote.
SECONDED:	Rose
		VOTE
	Balmer	Yes
	Benefield	No
	King	Yes
	Larson	No
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	Yes
	Paccione	No
	Merrifield	No
Not Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1163
TIME:	01:54:17 PM
MOVED:	Pommer
MOTION:	Moved to refer House Bill 05-1163 to the Committee of the Whole, as amended. The motion passed on an 8-5 roll call vote.
SECONDED:	Paccione
		VOTE
	Balmer	No
	Benefield	Yes
	King	No
	Larson	Yes
	McKinley	Yes
	Penry	No
	Pommer	Yes
	Rose	No
	Solano	Yes
	Todd	Yes
	White	No
	Paccione	Yes
	Merrifield	Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:01 PM -- House Bill 05-1248

Representative King reviewed the provisions of House Bill 05-1248, concerning public school improvement. The committee heard witness testimony on the bill at its February 22nd meeting. Representative King indicated that a strike-below amendment would be offered. He reviewed the provisions of the amendment that would be offered.

02:07 PM

Representative King continued his discussion of the proposed amendment and distributed a hand-out (Attachment C ). A Legislative Council Staff fiscal impact memorandum on the amendment was also distributed (Attachment D).


BILL:	HB05-1248
TIME:	02:10:40 PM
MOVED:	King
MOTION:	Moved amendment L.002 (Attachment E). The motion failed on a 6-7 roll call vote.
SECONDED:	Rose
		VOTE
	Balmer	Yes
	Benefield	No
	King	Yes
	Larson	Yes
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	Yes
	Paccione	No
	Merrifield	No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

2:12 PM

Committee discussion ensued on the proposed amendment. Representative Paccione discussed the changes that would take place under the amendment. Representative King responded by discussing the differences between the original bill and the amendment.


BILL:	HB05-1248
TIME:	02:16:44 PM
MOVED:	King
MOTION:	Moved to refer House Bill 05-1248 to the Committee of the Whole. The motion failed on a 6-7 roll call vote.
SECONDED:	Rose
		VOTE
	Balmer	Yes
	Benefield	No
	King	Yes
	Larson	Yes
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	Yes
	Paccione	No
	Merrifield	No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1248
TIME:	02:19:09 PM
MOVED:	Paccione
MOTION:	Moved to postpone House Bill 05-1248 indefinitely. The motion passed on a 7-6 roll call vote.
SECONDED:	Merrifield
		VOTE
	Balmer	No
	Benefield	Yes
	King	No
	Larson	No
	McKinley	Yes
	Penry	No
	Pommer	Yes
	Rose	No
	Solano	Yes
	Todd	Yes
	White	No
	Paccione	Yes
	Merrifield	Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:20 PM -- House Bill 05-1284

Representative McCluskey reviewed the provisions of House Bill 05-1284, concerning repeal of the prohibition on mandatory health insurance for students enrolling in state institutions of higher education.

02:23 PM

The following persons testified:

02:23 PM -- Tyson Valenzuela, representing the students of Colorado State University at Pueblo and the Colorado State University Board of Governors, testified in support of the bill. He said that students at his campus often need medical attention beyond what is offered at the student health center, but cannot address health needs for cost reasons.

02:27 PM -- Katie Clausen, representing the students of Colorado State University and the Colorado State University Board of Governors, testified in support of the bill.

02:29 PM

Representative McCluskey responded to questions from committee members. Mr. Valenzuela and Ms. Clausen made further comments about the difficulties that students may have in carrying health insurance.

02:37 PM -- Janet Fox Stephens, representing the Colorado Health and Hospital Association, testified in support of the bill. She said that the uninsured and underinsured populations are a high priority for her association.

02:40 PM -- Ed Bowditch, a Vice-Chancellor for the Colorado State University system, testified in support of the bill.

02:45 PM

Mr. Bowditch responded to questions regarding the current costs for optional plans at the Colorado State University campuses.


BILL:	HB05-1284
TIME:	02:46:57 PM
MOVED:	Pommer
MOTION:	Moved to refer House Bill 05-1284 to the Committee of the Whole with favorable recommendation. The motion passed on a 12-1 roll call vote.
SECONDED:	Todd
		VOTE
	Balmer	Yes
	Benefield	Yes
	King	No
	Larson	Yes
	McKinley	Yes
	Penry	Yes
	Pommer	Yes
	Rose	Yes
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:51 PM -- House Bill 05-1279

Representative Plant reviewed the provisions of House Bill 05-1279, concerning the determination of the applicability of the general fund maintenance of effort requirement in Section 17 of Article IX of the Colorado Constitution in any given state fiscal year. A hand-out was distributed (Attachment F).


BILL:	HB05-1279
TIME:	02:52:50 PM
MOVED:	White
MOTION:	Moved to refer House Bill 05-1279 to Committee of the Whole with favorable recommendation. The motion passed on a 12-0 roll call vote.
SECONDED:	Larson
		VOTE
	Balmer	Yes
	Benefield	Yes
	King	Yes
	Larson	Yes
	McKinley	Yes
	Penry	Excused
	Pommer	Yes
	Rose	Yes
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:54 PM -- House Bill 05-1237

Representative Benefield reviewed the provisions of House Bill 05-1237, concerning the statewide physical education recognition program. She discussed the conversations she had in developing the bill. She said that the bill is meant to elevate awareness of a quality physical education program. She responded to questions from committee members. In response to questions, Representative Benefield spoke about private sponsors that have expressed interest in the program.

03:04 PM

Representative Penry asked questions about the problems Representative Benefield is seeking to address. Representative Benefield responded with a discussion of support for physical education programs. Representative Todd spoke in favor of the bill. Representative Benefield distributed a letter of support from Littleton Public Schools (Attachment G).

03:09 PM

The following persons testified:

03:09 PM -- Eric France, representing Kaiser Permanente, testified in favor of the bill. Representative Benefield distributed an additional hand-out (Attachment H).

03:12 PM -- Jared Polis, Vice-Chair, State Board of Education, testified on the provisions of the bill. He said that the board appreciated the rule-making authority contemplated in the bill.

03:13 PM -- Greg Ahensbrek, representing himself as a physical education instructor at Baker Middle School, testified in favor of the bill. He said that there has been a steady decrease in the emphasis on physical education during the 12 years he has been teaching.

03:19 PM

Mr. Ahensbrek responded to questions from committee members. He said that students at Baker Middle School take only one semester of physical education.

03:20 PM -- Rick Metz, representing himself as a retired physical education teacher, testified in favor of the bill and distributed a hand-out (Attachment I).

03:25 PM -- Sarah Maddock, representing herself as a physical education instructor in Jefferson County Schools, testified in favor of the bill.

03:27 PM -- Terry Todd, representing himself, testified in favor of the bill.

03:30 PM -- Dr. Jillian Jacobellis, representing the Colorado Department of Public Health and Environment, testified on the bill. She described the technical assistance that is available in developing a quality physical education program.

03:34 PM -- Mary Lou Miller, representing the Colorado Association of Health, Physical Education, Recreation, and Dance, testified in favor of the bill. She distributed a hand-out (Attachment J and K).

03:38 PM

Representative Benefield made final comments on the bill.


BILL:	HB05-1237
TIME:	03:39:35 PM
MOVED:	Benefield
MOTION:	Moved to refer House Bill 05-1237 to Committee of the Whole with favorable recommendation. The motion passed on a 13-0 roll call vote.
SECONDED:	Todd
		VOTE
	Balmer	Yes
	Benefield	Yes
	King	Yes
	Larson	Yes
	McKinley	Yes
	Penry	Yes
	Pommer	Yes
	Rose	Yes
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:40 PM

The committee adjourned.