Final
BILL SUMMARY for SB05-185

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes:
Action Taken:
Moved page 3, line 13 through 19, strike "EXECUTIV
Moved to Committee of the Whole, as amended, with 		PASS
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