Date: 04/11/2006

Final
BILL SUMMARY for SB06-064

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved a conceptual amendment to remove higher educ
Moved prepared amendment L.010 (Attachment A).
Moved to refer Senate Bill 06-064, as amended, to 		FAIL
PASS
PASS


01:38 PM

The committee was called to order. A quorum was present.

01:39 PM -- Senate Bill 06-064

Representative Garcia presented and provided an overview of Senate Bill 06-064, concerning the monitoring of vendor performance on state contracts. Representative Garcia provided background on past state contracts with vendors that he felt point to the need for the bill. Representative Garcia then detailed each provision of the bill. Representative Garcia noted an audit of the vendor process, the findings of which were incorporated in the bill.

01:45 PM

The following people testified regarding Senate Bill 06-064:

01:45 PM -- Mr. Steve McNally, representing the University of Colorado system, testified in opposition to Senate Bill 06-064. Mr. McNally discussed legislation passed during the 2004 legislative session allowing higher education institutions to opt out of the state procurement rules and subsequent efforts by his institution to exercise this option. Mr. McNally also discussed alternatives to the use of the procurement rules for those institutions that do opt out and the benefits of opting out. Mr. McNally responded to questions regarding the potential for higher education institutions to retain the ability to opt out of the procurement rules while abiding by the provisions of Senate Bill 06-064. Representative Garcia clarified the intent of the legislation with regard to higher education institutions. A discussion ensued regarding the inclusion of higher education institutions in the bill's fiscal note. Mr. McNally responded to questions regarding the exclusion of the University of Colorado system from the state procurement process and the university's overall budget.

02:03 PM -- Mr. Larry Hudson, representing the Colorado Association of Commerce and Industry, testified regarding the bill. Mr. Hudson explained that his organization was taking a neutral position on the bill, but supported an amendment to help improve the procurement process. Mr. Hudson explained amendment L.010 (Attachment A), which increases the input by and protections for vendors in the procurement process.

02:10 PM -- Mr. Mark Schwane, representing the American Federation of State, County, and Municipal Employees, testified in favor of Senate Bill 06-064. Mr. Schwane discussed the process by which the bill was created during an interim committee and the action taken on the bill in the Senate. Mr. Schwane explained the effect of further amending the bill.

02:17 PM

Representative Coleman explained prepared amendment L.010. A discussion ensued regarding the performance evaluation provision in the bill for vendors and the potential effect of this provision on vendors. Further discussion followed regarding disclosure for all parties involved in transactions under the bill and the need for increased vendor input in the procurement process, as provided for in amendment L.010.
BILL:SB06-064
TIME: 02:34:24 PM
MOVED:Coleman
MOTION:Moved prepared amendment L.010 (Attachment A). The motion passed on a 9-2 roll call vote.
SECONDED:Crane
VOTE
Cadman
Yes
Carroll T.
No
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
No
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:34 PM

Representative Garcia explained the reason for including higher education institutions in the bill. Discussion ensued regarding revising the fiscal note for the bill and the potential for amending the bill to exempt higher education from the provisions of the bill as well as the state procurement code.
BILL:SB06-064
TIME: 02:38:19 PM
MOVED:Cadman
MOTION:Moved a conceptual amendment to remove higher education from the bill's purview by striking Section 1 of the bill and, on page 2, striking lines 25 through 27 and substituting "body shall also include elected officials.". The motion lost on a 5-6 roll call vote.
SECONDED:Crane
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


02:44 PM

The committee discussed the costs associated with implementing Senate Bill 06-064 and the bill's effect on public disclosure of state contracts.
BILL:SB06-064
TIME: 02:49:51 PM
MOVED:Coleman
MOTION:Moved to refer Senate Bill 06-064, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 6-5 roll call vote.
SECONDED:Carroll T.
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