House Committee on State, Veterans, & Military Affairs (04/05/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/05/2005	ATTENDANCE

Time:	02:01 PM to 05:17 PM	Cadman	X
		Carroll T.	*
Place:	HCR 0107	Coleman	*
		Crane	X
This Meeting was called to order by		Gallegos	X
	Representative Weissmann	Liston	*
		Lundberg	*
This Report was prepared by		Schultheis	X
	Brad Denning	Todd	X
		Ragsdale	X
		Weissmann	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-193 SB05-131 HB05-1282 HB05-1307 SB05-185		Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Committee on Appropriations Amended, Referred to the Committee of the Whole

02:02 PM -- Senate Bill 05-193

Representative Stengel, prime sponsor, introduced Senate Bill 05-193 which allows the heads of state agencies to request assistance from the Colorado Bureau of Investigation (CBI) to investigate and detect crime in the enforcement of the state's criminal laws. He provided two handouts, SB 05-193 Fact Sheet (Attachment A) and a report from the CBI, April 5, 2005 (Attachment B). He responded to questions.

There were no witnesses.


BILL:	SB05-193
TIME:	02:04:41 PM
MOVED:	Schultheis
MOTION:	Moved SB 05-193 to the Committee of the Whole with a favorable recommendation. The motion passed unanimously.
SECONDED:	Cadman
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM -- Senate Bill 05-131

Representative Carroll, prime sponsor, introduced Senate Bill 05-131, regarding adding a provision to the Open Records Law which would allow certain records containing details of security arrangements, or investigations, to be withheld from disclosure to the extent that the disclosure would pose a threat to public health or safety. He responded to committee questions, including an explanation of the definition of "specialized details."

The following people testified:

02:31 PM -- Greg Romberg, representing the Colorado Press Association, testified in support of the bill. He responded to committee questions. Mr. Romberg indicated that the bill allows each government agency to interpret the term "specialized details."

02:39 PM -- Former Senator Pat Pascoe, representing the American Cicil Liberties Union - Colorado, testified in support of the bill. She indicated that the ACLU has some concerns about a certain provision in the bill, on page 4, lines 20 through 27. She indicated that portions of it had been struck, but she asked that the committee revise this area of the bill.

02:41 PM -- Mike Beasly, representing the Colorado Department of Local Affairs, testified in support of the bill. He noted that 90 percent of the critical infrastructure of the state is in private hands, and this bill would assist in offering some assurances that they remain secure.

02:46 PM -- Chris Olsen, representing the Colorado Association of the Chiefs of Police, testified in support of the bill.

02:47 PM -- Peg Ackerman, representing the County Sheriffs Association, testified in support of the bill. She indicated that her association has always been concerned about having the flexibility of dealing with emerging situations.

02:49 PM -- Dianna Orf, representing the Colorado Springs Utility, testified in support of the bill.

02:51 PM

Representative Carroll concluded his remarks.


BILL:	SB05-131
TIME:	02:51:55 PM
MOVED:	Carroll T.
MOTION:	Moved SB 05-131 to the Committee of the Whole with a favorable recommendation. The motion passed unanimously.
SECONDED:	Gallegos
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:54 PM -- House Bill 05-1282

Representative Crane, prime sponsor, recapped the previous introduction of House Resolution 05-1012. This resolution was laid over from March 8th, 2005. He asked the committee to postpone indefinitely HB 05-1282.


BILL:	HB05-1282
TIME:	02:54:48 PM
MOVED:	Crane
MOTION:	Moved to postpone indefinitely HB 05-1282. The motion passed on a 10-1 vote.
SECONDED:	Schultheis
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	No
	Gallegos	Yes
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:56 PM -- House Bill 05-1307

Representative Penry, prime sponsor, introduced House Bill 05-1307 which would establish a state contract preference for the purchase of agricultural products grown, raised, or processed in Colorado unless the head of a governmental body determines that such a preference would be inconsistent with the public interest, or the cost is "unreasonable." He explained that the bill was referred back to this committee from the House floor. He reviewed Amendments L.004 (Attachment C) and L.006 (Attachment D) for the committee. He responded to committee questions.

The following people testified:

03:10 PM -- Jim Rubingh, representing the Colorado Department of Agriculture, testified in support of the bill. He believes this is a reasonable measured step to support state agriculture, with various bids from vendors in the state to maintain a reasonable competition. He responded to committee questions. He believes that this bill gives purchasing managers a message that it is important to consider Colorado agricultural products.

03:20 PM -- Garin Bray, representing the Colorado Farm Bureau, testified in support of the bill. She indicated that the bureau supports Amendment L.004, a strike below amendment to the bill. She responded to committee questions.

03:26 PM -- John Stencel, representing the Rocky Mountain Farmers Union, testified in support of the bill as amended by Amendment L.004. He responded to committee questions.

03:33 PM -- Emily Scott, representing the Colorado Cattlemen's Association, testified in support of the bill.

03:34 PM

Representative Penry responded to committee questions and concluded his remarks.


BILL:	HB05-1307
TIME:	03:40:39 PM
MOVED:	Weissmann
MOTION:	Moved Amendment L.004.
SECONDED:	Crane
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB05-1307
TIME:	03:42:23 PM
MOVED:	Weissmann
MOTION:	Moved Amendment L.006. Committee discussion ensued. The motion passed on a 9 to 2 vote.
SECONDED:	Crane
		VOTE
	Cadman	No
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB05-1307
TIME:	03:46:34 PM
MOVED:	Weissmann
MOTION:	Moved Amendment L.004. The motion passed on a 8 - 3 vote.
SECONDED:	Ragsdale
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	No
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB05-1307
TIME:	03:47:27 PM
MOVED:	Todd
MOTION:	Moved HB 05-1307 to the Committee of the Whole, as amended, with a favorable recommendation. Committee discussion ensued.
SECONDED:	Weissmann
		VOTE
	Cadman
	Carroll T.
	Coleman
	Crane
	Gallegos
	Liston
	Lundberg
	Schultheis
	Todd
	Ragsdale
	Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB05-1307
TIME:	03:57:18 PM
MOVED:	Coleman
MOTION:	Moved a substitute motion to refer HB 05-1307, as amended, to the Committee on Appropriations. The motion passed on a 7 to 4 vote.
SECONDED:	Schultheis
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	Yes
	Weissmann	No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:59 PM -- Senate Bill 05-185

Representative Harvey, prime sponsor, introduced Senate Bill 05-185 which changes the name of the Division of Administrative Hearings in the Department of Personnel to the Office of Administrative Courts. The bill also authorizes the department's executive director to establish and maintain administrative offices and courts in Denver, and the southern and western regions of the state. He responded to committee questions.

The following people testified:

04:03 PM -- Mike Williams, representing the Division of Administrative Hearings, Department of Personnel, testified in support of the bill. He responded to committee questions. Mr. Williams indicated that this legislation is attempting to raise the level of professionalism for the administrative hearings. Mr. Williams described the overall administrative hearings process, tradition, and its specific procedures for the committee.

04:34 PM -- Mark Schwane, representing the American Federation of State, County, and Municipal Employees (AFSCME) Council 76, testified in opposition to the bill for several reasons. His membership believes that many of the things this bill provides already exist. Mr. Schwane doesn't believe that administrative hearings is a court, and it shouldn't be called a court. He believes that the procedures of the hearings are more relaxed than a court. He believes the main reason AFSCME Council 76 opposes the bill is because it shifts the power of judicial independence to the executive director of the Department of Personnel., moving away from judicial autonomy and independence and shifting the power to the executive branch. He responded to committee questions.

04:43 PM

Mr. Williams joined Mr. Schwane at the witness table to respond to committee questions. Mr. Williams indicated that the bill offers clarifying language about procedures already in practice. Mr. Schwane and Mr. Williams disagreed on the rules of procedures and evidence used in the administrative hearings versus the courts.


BILL:	SB05-185
TIME:	05:10:39 PM
MOVED:	Weissmann
MOTION:	Moved page 3, line 13 through 19, strike "EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL" and insert "DIRECTOR AND CHIEF JUDGE OF OFFICE OF ADMINISTRATIVE COURTS". Mr. Williams returned to the table to comment on the motion.
SECONDED:	Coleman
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB05-185
TIME:	05:15:50 PM
MOVED:	Cadman
MOTION:	Moved to Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a 6 to 5 vote.
SECONDED:	Carroll T.
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	Yes
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS