Date: 01/18/2006

Final
Sunset Hearing on Coal Mine Board of Examiners

HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES

Votes: View--> Action Taken:
Moved to amend Page 3, lines 8 and 9, of draft bil
Moved to amend Page 4, line 3 and line 5 of the dr
Moved to amend Page 4, line 7, of the draft bill t
Moved to recommend that a bill be introduced to co		PASS
PASS
PASS
PASS


09:45 AM - Sunset Hearing on the Coal Mine Board of Examiners

Brian Tobias, Department of Regulatory Agencies (DORA) policy analyst, described the department's sunset review process. This process reviews whether a board should be continued for the protection of the public and it evaluates the board's performance according to statutory requirements in Section 24-34-104, CRS).

09:49 AM

Robert Holden, DORA policy analyst, described the sunset review process for the Coal Mine Board of Examiners and the provisions DORA's sunset report (Attachment A). The Coal Mine Board of Examiners (CMBE) issues certificates of competency for workers in coal mining operations including electricians, blasters, and underground mine foremen. He explained that DORA recommends that the CMBE be continued and recommends other amendments to the law. For example, it recommends the repeal of the requirement that the Senate confirm appointments to the CMBE. It also recommends an amendment to the requirement for taking disciplinary action against a holder of a certificate of competency.

09:59 AM

Committee discussion followed about DORA's recommendation to change the requirement for taking disciplinary action against a holder of a certificate of competency that is included in Section 5 of LLS No. 06-0263.01 (Attachment B).


The following persons testified on the continuation of the Coal Mine Board of Examiners:

10:01 AM -- Ron Cattany, Director of the Division of Minerals and Geology, spoke in support of DORA's recommendation to continue the CMBE. However, he explained that the division is reviewing an amendment to DORA's recommendation concerning taking disciplinary action against a holder of a certificate of competency (Recommendation Three).

10:04 AM -- Stewart Sanderson, Colorado Mining Association, spoke in support of continuing the CMBE. However, he spoke in opposition to DORA's Recommendation Three. He also described federal oversight of mine operations in Colorado by the Mine Safety and Health Administration (MSHA). This agency inspects mines for safety, environmental, and other potential violations of the Federal Mine Safety and Health Act of 1977. Committee discussion followed about standards and procedures for penalizing a mine operator if it commits a serious safety violation under state and federal law.

10:17 AM -- Robert "Link" Lincoln Derick, Twenty Mile Coal Company, expressed concern about DORA's Recommendation and responded to questions about federal and state mine safety regulations and enforcement powers.

10:27 AM -- Diana Orf, Colorado Mining Association, spoke in support of continuing the CMBE and expressed concern about the justification for changing the current law concerning taking disciplinary action against a holder of certificate of competency.


10:28 AM - Consideration of Recommendations
BILL:Sunset Hearing on Coal Mine Board of Examiners
TIME: 10:29:32 AM
MOVED:Rose
MOTION:Moved to amend Page 3, lines 8 and 9, of draft bill LLS No. 06-0263.01 to continue the requirement that the members of the Coal Mine Board of Examiners be approved by the Senate. The motion passed on vote of 10-1.
SECONDED:Hoppe
VOTE
Gallegos
Yes
Gardner
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Rose
Yes
Solano
Yes
White
No
McKinley
Yes
Curry
Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Sunset Hearing on Coal Mine Board of Examiners
TIME: 10:33:21 AM
MOVED:Gardner
MOTION:Moved to amend Page 4, line 3 and line 5 of the draft bill, to the keep current language in statute regarding revocation of a certificate of competency. The current standard prohibits revocation of certificates unless the board determines that a certificate holder is guilty of reckless disregard for mining laws and health and safety standards. The motion passed on a vote of 7-4.
SECONDED:White
VOTE
Gallegos
Yes
Gardner
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
No
Rose
Yes
Solano
No
White
Yes
McKinley
No
Curry
No
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Sunset Hearing on Coal Mine Board of Examiners
TIME: 10:37:16 AM
MOVED:Gardner
MOTION:Moved to amend Page 4, line 7, of the draft bill to keep the provision in law that prohibits revoking a certificate of competency unless a holder intentionally withholds or alters information that endangers life and property. The motion passed on a vote of 6-5.
SECONDED:Gallegos
VOTE
Gallegos
Yes
Gardner
Yes
Harvey
Yes
Hodge
No
Hoppe
Yes
McFadyen
No
Rose
Yes
Solano
No
White
Yes
McKinley
No
Curry
No
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Sunset Hearing on Coal Mine Board of Examiners
TIME: 10:38:42 AM
MOVED:Rose
MOTION:Moved to recommend that a bill be introduced to continue the Coal Mine Board of Examiners with the committee's amendments to LLS No. 06-0263.01 (Attachment B). The motion passed on a vote of 11-0. Representative Curry designated Representative McKinley as the bill's House sponsor.
SECONDED:Harvey
VOTE
Gallegos
Yes
Gardner
Yes
Harvey
Yes
Hodge
Yes
Hoppe
Yes
McFadyen
Yes
Rose
Yes
Solano
Yes
White
Yes
McKinley
Yes
Curry
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS