Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:05/01/2006
ATTENDANCE
Time:01:36 PM to 06:40 PM
Fitz-Gerald
*
Johnson
X
Place:SCR 356
Lamborn
X
May R.
X
This Meeting was called to order by
Windels
X
Senator Groff
Groff
X
Tupa
*
This Report was prepared by
Leslie Herod
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1343
HB06-1211
HB06-1359
SCR06-008
HB06-1365
HB06-1384
HB06-1092
HB06-1322
HB06-1396
HB06-1384		Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Laid Over
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Referred to Agriculture, Natural Resources & Energy
Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to Agriculture, Natural Resources & Energy

01:36 PM -- Call to Order

Senator Groff, vice-chair, called the meeting to order.

01:38 PM -- House Bill 06-1343

Senator Keller, prime sponsor, reviewed the provisions of House Bill 06-1343, concerning measures to ensure that an illegal alien does not perform work on a public contract for services, and making an appropriation therewith. She distributed amendment L.009 (Attachment A).

01:41 PM -- Brian Burke, American Regional Supply Company, demonstrated the Basic Employment Verification Pilot Program to the committee. He distributed a document to accompany his presentation (Attachment B). Senator Fitz-Gerald asked about the error ratio of the program. He added that this program is not accessible until the person is hired by the company. Senator May asked how this program works with people who provide real social security cards that belong to another person. Mr. Burke said this program does not address those concerns. Further, he emphasized that the risk program is used for new hires only.

01:58 PM -- Bob Greene, representing the Colorado Laborers District Council, testified in support of the bill. He spoke to the jobs that he feels have been lost to illegal immigrants.

02:01 PM -- Dennis Jakubowski, representing the American General Contractors of Colorado, testified on the bill. He asked the committee to support amendment L.009.

02:05 PM -- Greg Ritscher, representing METCO Landscapes, testified in opposition to the bill. He distributed a document illustrating the current list of acceptable documents for employees (Attachment C). He also spoke against the tip line provision of the bill.


02:13 PM -- Jody Randall, representing Colorado Contractors Association, testified in opposition to the bill. She believes the state and federal government should be accountable for verifying documents.

02:21 PM

Senator Keller provided closing comments on the bill.
BILL:HB06-1343
TIME: 02:25:03 PM
MOVED:Groff
MOTION:Moved amendment L.009 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Excused
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Excused
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1343
TIME: 02:25:24 PM
MOVED:Groff
MOTION:Moved to refer House Bill 06-1343, as amended, to the Committee on Appropriations. The motion passed on a 6-1 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Yes
Lamborn
Yes
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:26 PM -- House Bill 06-1211

Senator Keller, prime sponsor, reviewed the provisions of House Bill 06-1211, concerning sanctions under the medical assistance program. She distributed amendment L.016 (Attachment D)

02:28 PM -- Julie Reiskin, representing the Colorado Cross-Disability Coalition, testified in support of the bill. She distributed a copy of her testimony to the committee (Attachment E).

02:29 PM -- Sheila Hicks, representing herself, testified in support of the bill. She spoke to an instance where she felt she was a victim of retaliation.

02:32 PM -- Mark McCarty, representing himself, testified in support of himself. He spoke to the improper care provided by some nursing homes.

02:34 PM

Senator Keller responded to questions from the committee regarding the fiscal note.
BILL:HB06-1211
TIME: 02:35:51 PM
MOVED:Groff
MOTION:Moved amendment L.016 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1211
TIME: 02:36:11 PM
MOVED:Groff
MOTION:Refer House Bill 06-1211, as amended, 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


02:36 PM -- House Bill 06-1359

Senator Johnson, prime sponsor, reviewed the provisions of House Bill 06-1359, concerning the creation of a False Claims Act, and making an appropriation therefore. He distributed amendments L.025, L.026, and L.027 (Attachments F, G, and H).

02:40 PM -- Julie Reiskin, representing the Colorado Cross Disability Coalition, testified in support of the bill, and distributed a document (Attachment I).

02:45 PM -- Paul Stewart, representing himself, testified in support of the bill. He spoke to instances of medical fraud committed against him.

02:52 PM -- Sheila Hicks, representing herself, testified in support of the bill. She said this bill protects and provides sanctions when a crime is committed.

02:59 PM -- Michael Theis, representing the Colorado Civil Justice League, testified in favor of the bill and the amendments. Senator Tupa asked how people currently bring fraud claims forward. Mr. Theis responded, and added a recommendation that the reporting provision be struck from the bill.


03:14 PM -- Ross Wright, representing Hope at Home, testified in support of the bill. He spoke to fraud against Colorado that he witnessed, and the subsequent retaliation he suffered because of reporting.
.
03:21 PM -- Keith Cross, representing himself, testified in support of the bill, and spoke to the technical amendments. He said this bill covers virtually every type of fraud committed against the state of Colorado.

03:30 PM

Senator Tupa took the bill off the table.

03:30 PM -- Senate Concurrent Resolution 06-008

Senator Gordon, prime sponsor, reviewed the provisions of Senate Concurrent Resolution 06-008, concerning redistricting by the General Assembly pursuant to a plan prepared by the bipartisan staff of the General Assembly without the ability to adopt substantive amendments to the plan, and, in connection therewith, repealing the reapportionment commission. Committee discussion ensued.

03:44 PM -- Christine Watson, representing the League of Women Voters testified on the bill. She supports having nonpartisan staff handling redistricting. She explained the goals of her organization with regard to redistricting.

03:52 PM

Senator Gordon provided closing comments on the bill.
BILL:SCR06-008
TIME: 03:54:25 PM
MOVED:Groff
MOTION:Moved amendment L.001 (Attachment J). The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
No
Lamborn
Yes
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SCR06-008
TIME: 03:56:25 PM
MOVED:Groff
MOTION:Moved to refer Senate Concurrent Resolution 06-008, as amended, to the Committee of the Whole. The motion passed on a 4-3 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
No
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:57 PM -- House Bill 06-1365
BILL:HB06-1365
TIME: 03:57:27 PM
MOVED:Johnson
MOTION:Moved to reconsider House Bill 06-1365. The motion passed on a 5-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Yes
May R.
Yes
Windels
Yes
Groff
No
Tupa
Yes
Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB06-1365
TIME: 04:02:56 PM
MOVED:Tupa
MOTION:Moved amendment L.001 (Attachment J). The motion failed on a 3-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Yes
Lamborn
Yes
May R.
No
Windels
No
Groff
No
Tupa
Yes
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1365
TIME: 04:03:29 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
Yes
Lamborn
Yes
May R.
Yes
Windels
No
Groff
No
Tupa
No
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL



BILL:HB06-1365
TIME: 04:04:00 PM
MOVED:Fitz-Gerald
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
No
Lamborn
No
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:04 PM

The committee recessed.

05:19 PM -- House Bill 06-1384 [THIS PORTION OF THE MEETING WAS HELD IN THE CHAMBERS OF THE SENATE]

Representative Tupa explained a request to refer House Bill 06-1384 to the Committee on Agriculture, Natural Resources, and Energy.
BILL:HB06-1384
TIME: 05:19:42 PM
MOVED:Tupa
MOTION:Refer HB06-1384 to the Committee on Agriculture, Natural Resources, and Energy. 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




05:20 PM

The committee recessed.

05:37 PM -- House Bill 06-1092 [THE REMAINDER OF THE MEETING WAS HELD IN SCR 356]

Senator Jones, prime sponsor, reviewed the provisions of House Bill 06-1092, concerning increasing the penalty for sexual exploitation of a child by possession of sexually exploitative material, and making an appropriation therefore. Senator Fitz-Gerald expressed concerns about the fiscal impact of the bill.

05:43 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.
BILL:HB06-1092
TIME: 05:46:20 PM
MOVED:Lamborn
MOTION:Moved amendment L.001 (Attachment K). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1092
TIME: 05:47:17 PM
MOVED:Lamborn
MOTION:Refer House Bill 06-1092, as amended to the Committee on Appropriations. 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

05:48 PM -- House Bill 06-1322

Senator Tapia, prime sponsor, reviewed the provisions of House Bill 06-1322, concerning support for the development of clean energy resources using proceeds of the operational account of the severance trust fund. He distributed a strike-below amendment (Attachment L). Senator Tapia suggested that this will change the fiscal impact to $2 million.

05:58 PM -- Jim Cole, presenting the Colorado School of Mines, testified in support of the bill. He believes federal funding should be secured before any state dollars are appropriated for this measure. Senator Fitz-Gerald asked the witness to clarify the duties of the board. The committee discussed concerns with the program's accountability to the General Assembly.

06:12 PM

Senator Tapia told the committee that he would look into an amendment that would address their concerns.
BILL:HB06-1322
TIME: 06:14:20 PM
MOVED:Tupa
MOTION:Moved amendment L.009 (Attachment L). The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Excused
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1322
TIME: 06:14:44 PM
MOVED:Lamborn
MOTION:Moved a conceptual amendment "that if substantial federal funds do not materialize all funds will revert back to the severance tax fund." The motion passed without objection.
SECONDED:
VOTE
Fitz-Gerald
Johnson
Lamborn
May R.
Windels
Groff
Tupa
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1322
TIME: 06:17:57 PM
MOVED:Tupa
MOTION:Moved House Bill 06-1322, as amended, to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
Yes
May R.
Yes
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



06:19 PM -- House Bill 06-1396

Senator Tapia, prime sponsor, reviewed the provisions of House Bill 06-1396, concerning the funding of school-based health centers, and, in connection therewith, make an appropriation.

06:22 PM -- Barbara Ford, representing the Colorado Association for School-based Health Care, testified in support of the bill. She distributed a packet to the committee (Attachment M). Ms. Ford indicated that, traditionally, state funds have not be allocated to school-based health centers.

06:27 PM -- Jane Barns, representing the Colorado Association of School Boards, testified in support of the bill. She spoke to the unmet needs of underprivileged school children. Senator Windels asked why the program needs state dollars.

06:31 PM

Senator Windels distributed an amendment L.011 (Attachment N). Senator Fitz-Gerald asked the witness to explain the differences between school nurses and school-based health centers.

06:35 PM

Senator Tapia provided closing comments on the bill. The committee discussed the fiscal note.
BILL:HB06-1396
TIME: 06:37:20 PM
MOVED:Windels
MOTION:Moved amendment L.011 (Attachment N). The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
Yes
May R.
No
Windels
Yes
Groff
Yes
Tupa
No
Not Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS




BILL:HB06-1396
TIME: 06:38:29 PM
MOVED:Lamborn
MOTION:Moved page 4, line 9, insert "including referrals to providers of such services." The motion failed on a 2-4 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
No
Johnson
Excused
Lamborn
Yes
May R.
Yes
Windels
No
Groff
No
Tupa
No
Not Final YES: 2 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1396
TIME: 06:40:00 PM
MOVED:Windels
MOTION:Moved to refer House Bill 06-1396, as amended to the Committee on Appropriations. The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Fitz-Gerald
Yes
Johnson
Excused
Lamborn
No
May R.
No
Windels
Yes
Groff
Yes
Tupa
Yes
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS





06:40 PM

The committee adjourned.