Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION
Date:03/24/2005
ATTENDANCE
Time:01:35 PM to 03:41 PM
Balmer
E*
Benefield
X
Place:HCR 0107
King
X
Larson
X
This Meeting was called to order by
McKinley
X
Representative Paccione
Penry
X
Pommer
E*
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:
SB05-071
SB05-019		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:36 PM -- Senate Bill 05-071

The meeting was called to order by the vice-chair, Representative Paccione.


01:36 PM

Representative Merrifield reviewed the progress of Senate Bill 05-071 in the committee, and indicated that the committee had heard prior testimony at its March 17th meeting, but would continue to take testimony.


01:38 PM

The following persons testified:

01:38 PM -- Ed Vandertook, representing the Colorado Board of Cooperative Services (BOCES) Association, testified in opposition to the bill. He provided background on the association's involvement of the progress of the bill and the addition of amendments in the Senate. Two hand-outs were distributed (Attachments A and B).


01:41 PM -- Ray E. Kilmer, also representing the Colorado Board of Cooperative Services (BOCES) Association, testified in opposition to the bill. He discussed the Association's consideration of the bill and the Association's consideration of chartering authority as the bill was amended in the Senate.
BILL:SB05-071
TIME: 01:50:13 PM
MOVED:Merrifield
MOTION:Moved amendment L.017 (Attachment C). The motion passed on a 7-6 roll call vote.
SECONDED:Benefield
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
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:56 PM

Representative King commented on his support of chartering authority for Boards of Cooperative Services (BOCES). He responded to questions from members of the committee about the State Charter School Institute. The committee discussion continued on issues pertaining to the State Charter School Institute.
BILL:SB05-071
TIME: 02:07:23 PM
MOVED:Merrifield
MOTION:Moved amendment L. 012 (Attachment D). The motion passed on an 8- 5 roll call vote.
SECONDED:Benefield
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
Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB05-071
TIME: 02:11:28 PM
MOVED:Merrifield
MOTION:Moved amendment L.018 (Attachment E). Several subsequent motions were made. Representative King moved a substitute motion (see vote sheet below) that failed on a 6-7 roll vote. Representative Paccione moved an amendment to amendment L.018, (see vote sheet below) that was withdrawn. Representative Penry moved an amendment to amendment L.018 (see vote sheet below) that failed on a 5-8 roll call vote. Representative Merrifield's original motion on amendment L.018 passed on a 9-4 roll call vote.
SECONDED:Pommer
VOTE
Balmer
Yes
Benefield
Yes
King
No
Larson
Yes
McKinley
Yes
Penry
No
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Not Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



2:16 PM

The committee discussed amendment L.018 and the representation of educators on the task force.
BILL:SB05-071
TIME: 02:18:12 PM
MOVED:King
MOTION:Moved a substitute motion as a conceptual amendment, page 16, after line 11, add a member to the task force: "ONE MEMBER WHO REPRESENTS TEACHERS AND WHO IS A CURRENT TEACHER OR A FORMER TEACHER". The conceptual amendment failed on a 6-7 roll call vote.
SECONDED:Penry
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:SB05-071
TIME: 02:23:05 PM
MOVED:Paccione
MOTION:Move to amend L.018, line 2, strike "EIGHT" and substitute "NINE"; after line 5, insert "(g) ONE MEMBER WHO IS CURRENTLY A TEACHER;". The motion was withdrawn.
SECONDED:Larson
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:SB05-071
TIME: 02:34:52 PM
MOVED:Penry
MOTION:Moved an amendment to amendment L.018, page 15 of the bill, line 24, strike "AND SHALL MAKE". Strike line 25. line 26, strike "POLICIES AFFECTING THE INTERACTIONS OF THESE GROUPS.". The motion failed on a 5-8 roll call vote.
SECONDED:King
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:SB05-071
TIME: 02:45:59 PM
MOVED:Merrifield
MOTION:Moved amendment .025 (Attachment F). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-071
TIME: 02:47:57 PM
MOVED:Paccione
MOTION:Moved amendment L.019 (Attachment G). The motion passed on a 8-4-1 roll call vote.
SECONDED:Merrifield
VOTE
Balmer
No
Benefield
Yes
King
No
Larson
Yes
McKinley
Yes
Penry
Excused
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Not Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:SB05-071
TIME: 02:54:14 PM
MOVED:King
MOTION:Moved L.015 (Attachment H), severed and starting on line 3. The motion failed on a 6-7 roll call vote.
SECONDED:Balmer
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:SB05-071
TIME: 03:03:03 PM
MOVED:King
MOTION:Moved amendment L.016 (Attachment I). The motion failed on a 4-8 roll call vote.
SECONDED:Penry
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
No
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Excused
Paccione
No
Merrifield
No
Not Final YES: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:SB05-071
TIME: 03:07:20 PM
MOVED:King
MOTION:Moved amendment L.020 (Attachment J). The motion failed on a 4-8 roll call vote.
SECONDED:Penry
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
No
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Excused
Paccione
No
Merrifield
No
Not Final YES: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:SB05-071
TIME: 03:09:08 PM
MOVED:King
MOTION:Moved amendment L.021 (Attachment K). The motion was amended by a subsequent motion by Representative Merrifield (see vote sheet below). The motion on amendment L.021, as amended, passed without objection.
SECONDED:Balmer
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB05-071
TIME: 03:10:26 PM
MOVED:Merrifield
MOTION:Moved an amendment to L.021 as prepared amendment L.024 (Attachment L). The motion passed without objection.
SECONDED:Benefield
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




03:12 PM

Julie Pelegrin, Office of Legislative Legal Services, came to the table to explain the way in which L.024 would amend amendment L.021. She responded to questions from the committee.
BILL:SB05-071
TIME: 03:14:48 PM
MOVED:Merrifield
MOTION:Moved to refer Senate Bill 05-071, as amended, to the Committee of the Whole. The motion passed on an 11-2 roll call vote.
SECONDED:Todd
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Yes
McKinley
Yes
Penry
No
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:18 PM -- Senate Bill 05-019

Representative Pommer reviewed the provisions of Senate Bill 05-019, concerning school district data reporting requirements.


03:19 PM

The following person testified:

03:20 PM -- Pat Steadman, representing the Coalition for a Thorough and Uniform Public Education System, testified in support of the bill. He described the discussions that led to the original bill with a fiscal note. He said that the reengrossed version of the bill represents a strike-below amendment.
BILL:SB05-019
TIME: 03:24:36 PM
MOVED:Pommer
MOTION:Moved amendment L.002 (Attachment M). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB05-019
TIME: 03:26:20 PM
MOVED:Pommer
MOTION:Moved amendment L.003 (Attachment N). The motion passed on a 7-6 roll call vote.
SECONDED:Paccione
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
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB05-019
TIME: 03:37:06 PM
MOVED:King
MOTION:Page, 2, line 16, after "POPULATION," insert "AND A VOLUNTEER CHARTER SCHOOL". Representative Paccione moved a friendly amendment to Representative King's original motion to move the new language to the previous line: Page 2, line 15, after "SERVICES,", insert, "AND A VOLUNTEER CHARTER SCHOOL,". The amended motion passed without objection.
SECONDED:Balmer
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



03:38 PM

Ms. Pelegrin returned to the table to discuss the conceptual amendment.
BILL:SB05-019
TIME: 03:40:34 PM
MOVED:Pommer
MOTION:Moved to refer Senate Bill 05-019, as amended, to the Committee of the Whole. The motion passed on a 13-0 roll call vote.
SECONDED:Paccione
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


03:41 PM

The committee adjourned.