Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:02/14/2006
ATTENDANCE
Time:01:36 PM to 03:58 PM
Cadman
*
Carroll T.
X
Place:HCR 0107
Coleman
X
Crane
*
This Meeting was called to order by
Gallegos
X
Representative Weissmann
Liston
X
Lundberg
X
This Report was prepared by
Schultheis
X
Bo Pogue
Todd
X
Ragsdale
X
Weissmann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1301
HB06-1192
HB06-1191
HB06-1198
HB06-1262
HB06-1307
SB06-009
HB06-1075		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
Amended, Referred to Finance
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
01:37 PM -- House Bill 06-1301

Representative Garcia asked that House Bill 06-1301 be postponed indefinitely.
BILL:HB06-1301
TIME: 01:37:45 PM
MOVED:Carroll T.
MOTION:Motion to Postpone Indefinitely House Bill 06-1301. The motion passed on a 7-3 roll call vote.
SECONDED:Coleman
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Excused
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:39 PM -- House Bill 06-1192

Representative Jahn, prime sponsor, presented an overview of House Bill 06-1192, concerning the authority of a state governmental entity to enter into an agreement to share personnel services with any political subdivision of the state. Representative Jahn explained what entities are experiencing personnel shortfalls and the impact of the bill on pay for the shared personnel. Representative Jahn answered a question regarding transportation for the shared personnel between job sites.

01:44 PM -- Mr. Paul Farley, Deputy Executive Director for the Department of Personnel and Administration, testified in favor of House Bill 06-1192. Mr. Farley explained that the current personnel system is burdensome, and detailed how the bill would help to rectify this. Mr. Farley answered questions regarding how accounting and budgeting among the various departments will be impacted by the bill. Mr. Farley also responded to questions regarding the potential for tracking personnel participating in shared services arrangements and whether the service sharing established by the bill is voluntary at the employee level. Discussion ensued regarding the potential for reprimand of employees who don't wish to participate in service sharing and specific examples of potential service sharing. Mr. Farley then explained how the bill specifically changes state law. Discussion followed regarding FTE accounting under the provisions of the bill.

02:00 PM -- Mr. Harry Zeid, Legislative Council Staff, responded to questions regarding the fiscal impact of House Bill 06-1192. Mr. Zeid provided background on his discussions with state departments in the process of creating the bill's fiscal note. Representative Jahn explained how the Fitzsimons State Veterans Nursing Home Accountability Committee arrived at the bill as a solution to personnel problems. A discussion ensued regarding the time frame involved in specific personnel sharing agreements.


02:08 PM

Representative Jahn provided closing comments in favor of House Bill 06-1192.
BILL:HB06-1192
TIME: 02:08:29 PM
MOVED:Todd
MOTION:Refer HB 06-1192 to the Committee of the Whole with a favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:Coleman
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Yes
Crane
Excused
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:10 PM -- House Bill 06-1191

Representative Kerr, prime sponsor, provided an overview of House Bill 06-1191, concerning a mandatory recount in an election in which more than one candidate is to be elected. Representative Kerr deferred a question regarding a hypothetical election scenario to future testimony Mr. Bill Compton.

02:13 PM -- Mr. Bill Compton, Office of the Secretary of State, testified in favor of House Bill 06-1191. Mr. Compton explained the clarifying effect of the bill on existing law.



02:14 PM

A discussion occurred regarding the potential for removing the safety clause. Mr. Compton and Ed DeCecco, drafter of the bill from the Office of Legislative Legal Services, joined in the discussion.
BILL:HB06-1191
TIME: 02:15:14 PM
MOVED:Schultheis
MOTION:Remove safety clause and the effective date/applicability clause, replace with standard 90-day language. The motion passed without objection.
SECONDED:Lundberg
VOTE
Cadman
Carroll T.
Coleman
Crane
Excused
Gallegos
Liston
Lundberg
Schultheis
Todd
Ragsdale
Weissmann
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

Rep. Kerr explained prepared amendment L.001 (Attachment A).
BILL:HB06-1191
TIME: 02:16:26 PM
MOVED:Cadman
MOTION:Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Lundberg
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: Pass Without Objection


Rep. Kerr provided closing comments in favor of House Bill 06-1191.
BILL:HB06-1191
TIME: 02:17:34 PM
MOVED:Schultheis
MOTION:Refer House Bill 06-1191, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:Cadman
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
Excused
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:19 PM -- House Bill 06-1198

Representative Liston, prime sponsor, provided an overview of House Bill 06-1198, concerning provisional ballots cast by electors in a county other than their county of residence. Representative Liston deferred a question pertaining to the bill's changing of current law to future testimony.

The following people testified regarding House Bill 06-1198:

02:21 PM -- Ms. Jenny Flanagan, Associate Director of Colorado Common Cause, testified in opposition to the bill. Ms. Flanagan explained Common Cause's position regarding the counting of provisional ballots. A discussion ensued regarding the decision of a blue ribbon commission to recommend not changing current law with regard to provisional ballots. Ms. Flanagan responded to questions regarding how ballots would be processed if Common Cause's position were enacted into law.

02:31 PM -- Mr. Bill Compton, Office of the Secretary of State, testified in favor of House Bill 06-1198. Mr. Compton explained the clarifying effect of the bill on existing state law. A discussion ensued regarding the effect of a conceptual amendment striking "not" on page 2, line 13 of the bill. Discussion followed regarding informing a person casting a provisional ballot of the fact that the ballot will not be counted pursuant to law. Mr. Compton responded to a question regarding the potential for different counties to cross-reference information on a ballot.

02:39 PM -- Mr. Scott Doyle, Larimer County Clerk and Recorder representing Colorado County Clerks Association, answered questions regarding House Bill 06-1198. Mr. Doyle explained the burdens of processing provisional ballots across election precincts. Mr. Doyle also briefly commented on a new state voter registration system and the potential for using this system to cross-index ballots in the future.


02:42 PM

Representative Liston provided closing comments in favor of House Bill 06-1198. Representative Schultheis proposed an amendment to remove the safety clause from the bill.
BILL:HB06-1198
TIME: 02:43:56 PM
MOVED:Schultheis
MOTION:Motion to remove the safety clause from the bill and replace it with 90-day referendum language. The motion carried on a 6-5 roll call vote.
SECONDED:Lundberg
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1198
TIME: 02:45:20 PM
MOVED:Liston
MOTION:Refer House Bill 06-1198, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 6-5 roll call vote.
SECONDED:Cadman
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
No
Weissmann
No
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:48 PM -- House Bill 06-1262

Representative Welker, prime sponsor, provided an overview of House Bill 06-1262, concerning a prohibition on the acceptance of monetary gifts by members of the General Assembly during the regular legislative session. Representative Welker responded to questions regarding reporting requirements for monies given to legislators and expenses paid by legislator office accounts. Representative Welker referenced two newspaper articles, copies of which were distributed to committee members (Attachments B and C). Representative Welker clarified that the bill applies only to the 120 days of the legislative session.

02:54 PM -- Ms. Jenny Flanagan, representing Colorado Common Cause, testified in opposition to House Bill 06-1262, explaining that Common Cause feels the bill is inadequate in its proscriptions. Ms. Flanagan responded to questions regarding the reporting of income and expenditures by Colorado Common Cause.

02:56 PM

Representative Welker provided closing comments in favor of House Bill 06-1262. Representative Lundberg explained his support for the bill.
BILL:HB06-1262
TIME: 02:56:56 PM
MOVED:Lundberg
MOTION:Refer House Bill 06-1262 to the Committee of the Whole with favorable recommendation. The motion lost on a 4-7 roll call vote.
SECONDED:Weissmann
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
No
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
No
Todd
No
Ragsdale
No
Weissmann
Yes
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1262
TIME: 02:58:19 PM
MOVED:Carroll T.
MOTION:Moved to Postpone Indefinitely House Bill 06-1262. The motion passed on a 6-5 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:02 PM -- House Bill 06-1307

Representative Vigil, prime sponsor, presented an overview of House Bill 06-1307, concerning state government accountability. Representative Vigil explained the creation of a government accountability task force to measure the progress of government. Representative Vigil referenced two forthcoming amendments to the bill, amendments L.001 and L.002 (Attachments D and E). A discussion ensued regarding the feasibility of measuring the primary goals and progress of governmental entities. Further discussion followed regarding the potential for referencing the preamble of the Colorado constitution as the basis for state government goals in the legislative declaration of the bill. Representative Vigil responded to questions regarding the potential for establishing the bill's task force as an interim task force. Committee members and Representative Vigil then discussed the connection between the creation of a task force by the bill and the improvement of the quality of life for the state's citizens. Representative Vigil explained the practice of measuring government goals and progress in other states. Representative Vigil than explained the reason for excluding certain state departments from the scope of the bill and mentioned forthcoming amendment L.002 (Attachment E), which would change the make up of the task force. Representative Vigil responded to a question regarding the decision-making process once the task force has made its findings.

03:26 PM -- Mr. Paul Farley, Deputy Executive Director of the Department of Personnel and Administration (DPA), testified regarding House Bill 06-1307. Mr. Farley suggested that DPA should have some participation on the bill's new task force and mentioned ramifications of electing a new Governor on government accountability.


03:28 PM

 Representative Vigil moved and explained prepared amendments L.001 and L.002 (Attachments D and E). Representative Weissmann expressed reservation regarding the composition of the task force as amended by amendment L.002.
BILL:HB06-1307
TIME: 03:28:33 PM
MOVED:Coleman
MOTION:Moved prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:Gallegos
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: Pass Without Objection
BILL:HB06-1307
TIME: 03:29:30 PM
MOVED:Coleman
MOTION:Moved prepared amendment L.002 (Attachment E). The motion passed on a 7-4 roll call vote.
SECONDED:Gallegos
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
Yes
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB06-1307
TIME: 03:32:00 PM
MOVED:Coleman
MOTION:Refer House Bill 06-1307, as amended, to the Committee on Finance. The motion passed on a 6-5 roll call vote.
SECONDED:Gallegos
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:34 PM -- Senate Bill 06-009

Representative McGihon, prime sponsor, presented an overview of and background for Senate Bill 06-009, concerning a requirement that discussions occurring in executive sessions of public bodies be electronically recorded. Representative McGihon detailed each provision of the bill.

03:37 PM -- Mr. John Fosholt, representing Colorado Broadcasters Association, and Mr. Ed Otte, representing the Colorado Press Association, testified in favor of Senate Bill 06-009. Mr. Otte and Mr. Fosholt explained the benefits of recording executive sessions.



03:39 PM

Representative McGihon provided closing remarks in favor of Senate Bill 06-009.
BILL:SB06-009
TIME: 03:40:05 PM
MOVED:Coleman
MOTION:Refer Senate Bill 06-009 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0 roll call vote.
SECONDED:Todd
VOTE
Cadman
Yes
Carroll T.
Excused
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:41 PM -- House Bill 06-1075

Representative Todd, prime sponsor, presented and explained House Bill 06-1075, concerning the sale of surplus state property. The committee received copies of a letter addressed to the committee from Ms. Patti Micciche, Department of Corrections, regarding the bill (Attachment F), a section of a State Auditor's report regarding state surplus property (Attachment G), and two amendments to the bill, amendments L.003 and L.002 (Attachments H and I). Representative Todd explained and moved amendment L.003. A discussion ensued regarding the surplus property audit. Representative Weissmann ruled that passage of amendment L.003 would not result in a settled question.
BILL:HB06-1075
TIME: 03:46:07 PM
MOVED:Todd
MOTION:Moved prepared amendment L.003 (Attachment H). The motion passed on an 8-3 roll call vote.
SECONDED:Gallegos
VOTE
Cadman
Yes
Carroll T.
Yes
Coleman
No
Crane
No
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
No
Weissmann
Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


Representative Coleman explained and moved amendment L.002 (Attachment I). Representative Weissmann explained his opposition to the amendment.
BILL:HB06-1075
TIME: 03:54:03 PM
MOVED:Coleman
MOTION:Moved prepared amendment L.002 (Attachment I). The motion failed on a 2-9 roll call vote.
SECONDED:Ragsdale
VOTE
Cadman
No
Carroll T.
No
Coleman
Yes
Crane
No
Gallegos
No
Liston
No
Lundberg
No
Schultheis
No
Todd
No
Ragsdale
Yes
Weissmann
No
Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:56 PM

Representative Todd moved House Bill 06-1075 to the Committee of the Whole. Representative Coleman explained her opposition to the bill.
BILL:HB06-1075
TIME: 03:56:31 PM
MOVED:Todd
MOTION:Refer House Bill 06-1075, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 6-5 roll call vote.
SECONDED:Gallegos
VOTE
Cadman
No
Carroll T.
Yes
Coleman
No
Crane
No
Gallegos
Yes
Liston
Yes
Lundberg
No
Schultheis
Yes
Todd
Yes
Ragsdale
No
Weissmann
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


Representative Weissmann explained an upcoming organizational meeting regarding the February 21 committee hearing. The committee adjourned.