Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:04/26/2006
ATTENDANCE
Time:02:14 PM to 08:20 PM
Fitz-Gerald
X
Johnson
*
Place:SupCt
Lamborn
X
May R.
X
This Meeting was called to order by
Windels
X
Senator Tupa
Groff
*
Tupa
X
This Report was prepared by
Leslie Herod
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-233
HB06-1314
HB06-1365
SB06-228
SB06-234
SB06-235
SB06-174
SB06-162		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Postponed Indefinitely
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Postponed Indefinitely

02:16 PM -- Senate Bill 06-233

Senator Taylor, prime sponsor, reviewed the provisions of Senate Bill 06-233, concerning the clarification of the existing authority of the state auditor to access confidential documents. He distributed a document outlining the provisions of the measure (Attachment A).

02:18 PM -- Sondra Chessare, representing the Northern Colorado AIDS Project and the Colorado Research Associates (CoRA), testified against the bill. She testified that the organizations oppose this legislation because it does not include a confidentiality provision for HIV/AIDS patients.

02:24 PM -- State Auditor Joanne Hill testified in favor of the bill. She reaffirmed that the information gathered will be protected.


02:30 PM

Senator Taylor provided closing comments on the bill. He said this bill is necessary to ensure transparency in governmental activity, while protecting patient confidentiality.
BILL:SB06-233
TIME: 02:31:04 PM
MOVED:Fitz-Gerald
MOTION:Refer Senate Bill 06-233 to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
Yes
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:32 PM -- House Bill 06-1314

Senator Tochtrop, prime sponsor, reviewed the provisions of House Bill 06-1314, concerning a prohibition against certain employer communications to an employee. Senator Tochtrop clarified that this bill does not prevent employers from calling meetings related to political affiliation or religious matters, instead only provides that these meetings cannot be mandatory.

02:43 PM -- Mary Lou Chapman, representing the Rocky Mountain Food Industry, testified against bill. She said this bill limits how an employer can communicate with paid employees. She spoke to the provision that would allow unions to hold mandatory meetings.

02:46 PM -- Tony Gagliardi, representing the National Federation of Independent Business, testified against the bill. He spoke to concerns he has with the bill limiting employer communications.

02:50 PM -- Mark Turner, representing the Colorado Nonprofit Association, testified against the bill. He spoke to how this bill could hurt nonprofits.

02:53 PM -- Donnah Moody, representing the Colorado Association of Commerce and Industry, testified against the bill. She distributed a copy of her statement (Attachment B).

02:58 PM -- Virginia Morrison Love, representing the Colorado Competitive Council, testified against the bill. She spoke to the effect this bill would have on the business community.


03:01 PM -- Preston Oade, representing the Colorado Justice League, testified against the bill. He said this bill conflicts with federal labor law.

03:07 PM -- Al Kogler, representing the Communication Workers of America, testified in favor of the bill. He believes that workers should be allowed to make decisions about unions in an unsolicited environment.

03:12 PM -- Steve Adams, representing the AFL-CIO, testified in support of the bill. He said no workers should be forced to decide between risking their jobs or attending an event that conflicts with their personal political or religious views.

03:13 PM -- Richard Rosenblatt, representing the AFL-CIO, testified in support of the bill. He said this bill does not limit free speech by an employer or employee.
BILL:HB06-1314
TIME: 03:18:59 PM
MOVED:Windels
MOTION:Refer House Bill 06-1314 to the Committee of the Whole. The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
No
Lamborn
No
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS




03:21 PM -- House Bill 06-1365

Senator Lamborn, prime sponsor, reviewed the provisions of House Bill 06-1365, concerning practices related to state budgeting, and, in connection therewith, establishing a performance-based budget for state fiscal years commencing on and after July 1, 2009, and requiring budget savings from the same state fiscal years to be transferred to the Colorado fiscal responsibility fund to be saved and used only during economic downturns to stabilize funding for state programs and to prevent cuts in essential services or layoffs of state personnel. The committee discussed performance-based budgeting, and the difference between this fund and a rainy day fund.
BILL:HB06-1365
TIME: 03:41:29 PM
MOVED:Lamborn
MOTION:Moved amendment L.005 (Attachment C). The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Yes
May R.
Yes
Windels
Yes
Groff
No
Tupa
No
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1365
TIME: 03:43:38 PM
MOVED:Lamborn
MOTION:Moved amendment L.006 (Attachment D). The motion was withdrawn.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:HB06-1365
TIME: 03:45:29 PM
MOVED:Lamborn
MOTION:Refer House Bill 06-1365, as amended, to the Committee on Appropriations. The motion failed on a 3-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
No
Lamborn
Yes
May R.
Yes
Windels
No
Groff
No
Tupa
Yes
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1365
TIME: 03:45:53 PM
MOVED:Groff
MOTION:Moved to postpone House Bill 06-1365 indefinitely. The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
No
May R.
No
Windels
Yes
Groff
Yes
Tupa
No
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS




03:46 PM -- Senate Bill 06-228

Senator Boyd, prime sponsor, reviewed the provisions of Senate Bill 06-228, concerning reasonable costs related to a coordinated election. She testified that this bill will help defray election costs incurred by the Scientific and Cultural Facilities District (SCFD).

03:49 PM -- Mary Ellen Williams and Stevan Strain, representing the Scientific and Cultural Facilities District, testified in favor of the bill. They spoke to how this bill will help the special district with election costs. Senator Windels asked the witnesses to explain what they have paid thus far.

04:07 PM -- David Broadwell, representing the City and County of Denver, testified in favor of the bill. He said that Denver believes this measure represents a fair compromise between the county clerks and the SCFD.

04:12 PM -- Carol Synder, representing the Colorado County Clerks Association, testified against the bill. She spoke to the formula used for this bill, and how it conflicts with agreements made by the inter-jurisdictional committee negotiations. The committee asked Ms. Snyder to explain the negotiation process and the compromise they offered. The committee discussed the formula the county clerks used to bill the SCFD.

04:39 PM -- Scott Doyle, representing the Colorado County Clerks Association, testified against the bill.

04:46 PM -- John Green, representing Arapahoe County, testified against the bill. He spoke to the straightforward nature of the agreement entered into by the SCFD.


04:50 PM -- Chip Taylor, representing Colorado County Incorporated, testified against the bill. He said the General Assembly could not dissolve the debts of SCFD.
BILL:SB06-228
TIME: 04:59:55 PM
MOVED:Fitz-Gerald
MOTION:Refer Senate Bill 06-228 to the Committee on Whole. The motion passed on a 5-1 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
No
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:01 PM -- Senate Bill 06-234

Senator Groff, prime sponsor, reviewed the provisions of Senate Bill 06-234, concerning best value construction contracting for public projects procured by the state. He said that it would bring additional accountability for public dollars for construction dollars.

05:04 PM -- Dennis Jakubowski, representing the Associated General Contractors of Colorado, testified in opposition to the bill. He said that his organization feels that the bill is unnecessary. He said that there are accountability measures already built into state contracting for construction.

05:07 PM -- Jody Randall, representing the Colorado Contractors Association, testified in opposition to the bill. She said that her company is already pre-qualified for state work and that this process includes most of what is included in SB06-234.

05:09 PM -- Ralph Lufen, representing the Rocky Mountain Chapter of the National Electrical Contractors Association, testified in support of the bill. He said quality is a crucial issue for state buildings, and that the bill is a step forward and will be beneficial to taxpayers.


05:11 PM -- James Riney, representing Guarantee Electrical Contracting, testified in support of the bill. He spoke about the pre-qualification process, which he testified the bill would enhance.

05:13 PM -- Aaron Nelson, representing Alliance for Sustainable Colorado, testified in support of the bill.

05:16 PM

Senator Groff made final comments on the bill. He said that the bill would help public project mirror what happens in the private sector.
BILL:SB06-234
TIME: 05:18:02 PM
MOVED:Groff
MOTION:Moved amendment L.001 (Attachment C). The motion was withdrawn.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
Excused
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB06-234
TIME: 05:18:13 PM
MOVED:Groff
MOTION:Moved a conceptual amendment to page 5, after line 22, that "any evaluation factor that is in conflict with federal regulations is not part of RFP." The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
Excused
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-234
TIME: 05:18:55 PM
MOVED:Groff
MOTION:Moved to refer Senate Bill 06-234, as amended, to the Committee of the Whole. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
No
Lamborn
Excused
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS



05:29 PM -- Senate Bill 06-235

Senator Sandovol, prime sponsor, reviewed the provisions of Senate Bill 06-235, concerning public employees' retirement benefits plans.

05:32 PM -- Greg Smith, representing the Public Employee Retirement Association (PERA), testified in favor of the bill. He distributed two handouts outlining the provisions in the measure (Attachment E and F). Mr. Smith walked the committee through the documents and responded to questions from the committee. Senator May asked specific questions regarding how this bill will impact PERA members. Senator Tupa asked how the bill will impact different groups of PERA members. Senator May asked Mr. Smith to explain to the committee what would happen if no legislation is passed.

06:13 PM -- Judge James Casebolt, Chairman of the PERA board, testified in favor of the bill. He informed the committee that the PERA board met on April 25, 2006 and voted in favor of the measure. Senator Fitz-Gerald asked about the PERA board and the membership and training of the board.

06:21 PM -- Deputy Treasurer Benson Stein testified against the bill, and distributed a document (Attachment G). He opposes the growth of the board.

06:30 PM -- Christine Burt, representing the Americans for Prosperity Foundation, testified in opposition to the bill. She spoke to concerns she has regarding employment reliability. She also spoke to the benefits of a defined contribution plan. She also said that she believes PERA's proposal is unrealistic.

06:38 PM -- Steve Adams, representing the AFL-CIO, testified in favor of the bill. He spoke to the improvement of this bill, however, he noted that he would like to see a board that included more members of PERA in its composition.

06:41 PM -- Dan Daly, representing the Colorado Education Association and the Colorado Coalition for Retirement Security, testified in favor of the bill. He believes this measure improves the goals of their coalition.

06:46 PM -- Tom Hart, representing himself, testified in support of the bill. He spoke to the impact the PERA deficit will have the state's ability to employ and retain good employees.

06:51 PM -- Meredith Williams, representing the PERA board, testified in support of the bill. He spoke to the difference of PERA versus local plans.


07:01 PM -- West Twomey, representing himself, testified in support of the bill. He spoke to the defined benefit plan.

07:04 PM -- Boulder County Commissioner Ben Pearlman testified in support of the bill. He expressed concerns with the three categories held under PERA, and highlighted the impact this measure has on local governments. He also added that the Colorado Municipal League supports this measure.

07:14 PM -- Donna Zingelman, PERA retiree, testified in support of the bill. She said she does not want private benefit plans. She suggested that PERA membership be open to other departments, specifically higher education.

07:17 PM -- Woody Anderson, PERA retiree, testified in support of the bill.

07:20 PM -- Connie Anderson, PERA retiree, testified in support of the bill. She spoke to the contribution PERA retirees have made to the state of Colorado.

07:23 PM -- Herbert Homan, representing the Colorado Senior Lobby, testified in support of the bill.

07:26 PM -- Gerald Keefe, representing the Colorado Rural School Caucus, testified in support of the bill.

07:27 PM -- Audrey Newman, representing herself, testified in support of the bill. She asked the committee why the employer contribution has not be raised.


07:31 PM

Senator Sandovol provided closing comments on the bill.
BILL:SB06-235
TIME: 07:32:29 PM
MOVED:May R.
MOTION:Moved amendment L.001 (Attachment H). The motion failed on a 1-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Excused
Lamborn
Excused
May R.
Yes
Windels
No
Groff
No
Tupa
No
Not Final YES: 1 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: FAIL
BILL:SB06-235
TIME: 07:36:28 PM
MOVED:Fitz-Gerald
MOTION:Refer Senate Bill 06-235 to the Committee of the Whole. The motion passed on a 4-1 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
Excused
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS




07:37 PM -- Senate Bill 06-174

Senator Sandovol, prime sponsor, asked to the committee postpone Senate Bill 06-174 indefinitely.
BILL:SB06-174
TIME: 07:37:35 PM
MOVED:Fitz-Gerald
MOTION:Moved to postpone Senate Bill 06-174 indefinitely. The motion passed on a 5-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
Excused
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

07:38 PM -- Senate Bill 06-162

 Senator Owen, prime sponsor, reviewed the provisions of Senate Bill 06-162, concerning retirement benefit plans for public employees. He distributed amendment L.001, a strike below the enacting clause amendment (Attachment I). He spoke about the changes to the board membership and the voluntary extension of the defined contribution plan to other divisions under PERA.

07:48 PM

The committee discussed defined contribution plans. Senator Owen expressed concerns with the expansion of the PERA board. Senator May asked about the fiscal note, and Senator Owen responded that the fiscal note is for the original bill, not the bill as amended.

07:55 PM -- State Treasurer Mike Coffman testified in support of the bill. He spoke to his work increasing the visibility of the PERA problem. He spoke about defined benefit plans and defined contribution plans.

08:03 PM -- Christine Burtt, representing Americans for Prosperity, testified for the bill. She spoke to the composition of the PERA board.


08:06 PM -- Miller Hudson, representing the Colorado Association of Public Employees, testified in opposition to the bill. He distributed a handout (Attachment J).

08:13 PM -- Jo Romero, representing Colorado Coalition for Retirement Security, testified in opposition to the bill.
BILL:SB06-162
TIME: 08:18:03 PM
MOVED:May R.
MOTION:Moved amendment L.001 (Attachment I). The motion failed on a 1-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Excused
Lamborn
Excused
May R.
Yes
Windels
No
Groff
No
Tupa
No
Not Final YES: 1 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: FAIL
BILL:SB06-162
TIME: 08:19:34 PM
MOVED:May R.
MOTION:Moved to refer Senate Bill 06-162 to the Committee on Appropriations. The motion failed on a 1-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Excused
Lamborn
Excused
May R.
Yes
Windels
No
Groff
No
Tupa
No
Not Final YES: 1 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:SB06-162
TIME: 08:20:12 PM
MOVED:Groff
MOTION:Moved to postpone Senate Bill 06-162 indefinitely. The motion passed on a 4-1 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
Excused
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

08:20 PM

The committee recessed.