Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:05/02/2006
ATTENDANCE
Time:01:38 PM to 06:45 PM
Cadman
X
Carroll T.
X
Place:HCR 0107
Coleman
*
Crane
*
This Meeting was called to order by
Gallegos
X
Representative Weissmann
Liston
X
Lundberg
X
This Report was prepared by
Schultheis
*
Bo Pogue
Todd
X
Ragsdale
X
Weissmann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-234
SB06-223
SB06-225
HJR06-1026
HR06-1010
HJR06-1033
SB06-233		Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Referred to Appropriations
Postponed Indefinitely
Postponed Indefinitely
Postponed Indefinitely
Referred to the Committee of the Whole

01:38 PM

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

01:38 PM -- Senate Bill 06-234

Representative Garcia, prime sponsor, presented an overview of Senate Bill 06-234, concerning best value construction contracting for public projects procured by the state. Representative Garcia explained the concept of best value construction contracting and instances where using this type of contracting is beneficial. Representative Garcia responded to questions regarding costs associated with best value contracting.

01:45 PM

The following people testified regarding Senate Bill 06-234:

01:45 PM -- Mr. Aaron Nelson, representing the Alliance for a Sustainable Colorado, testified in favor of Senate Bill 06-234. Mr. Nelson explained that, since the state has shown a commitment to building in an environmentally conscious manner, using best value contracting makes sense.


01:47 PM -- Mr. Mark Latimer, representing the Rocky Mountain Chapter of the Association of Builders and Contractors, testified in opposition to the bill, claiming that the legislation is unnecessary because the current method of contracting results in quality and cost efficient construction projects. Mr. Latimer explained that Senate Bill 06-234 would drive up costs for contracts and allow for contract manipulation, and provided examples of these phenomena. Mr. Latimer responded to a question about the state-of-the-art nature of best value contracting.

01:52 PM -- Mr. Tom Keating, representing the Sheet Metal and Air Conditioning National Association, testified in favor of Senate Bill 06-234, citing statistics suggesting that best value contracting drives down construction costs and referencing other states that use this form of contracting.

01:55 PM -- Mr. Randy Sewald, representing Rocky Mountain Independent Electrical Contractors, testified in opposition to the bill. Mr. Sewald stated that there is no evidence that the state is harmed under current contracting practices and that there are many mechanisms in place that the state can use to protect itself in the contracting process. Mr. Sewald also pointed out that costs savings for construction projects are realized through the use of advanced technology, as opposed to labor cost reductions. Mr. Sewald responded to questions regarding the role of the marketplace in contracting.

01:59 PM -- Mr. Ralph Lufen, representing the Rocky Mountain Chapter of the National Electrical Contracting Association, testified in support of Senate Bill 06-234, explaining that best value contracting offers an alternative to lowest bid considerations, which may lead compromises in construction quality. He further explained that best value contracting results in less litigation, a reduction in claims against contractors, a reduction in costly changes, and better overall product. Mr. Lufen clarified that the contractors he represents are union contractors.

02:01 PM -- Mr. Dennis Jakubowsky, representing the Association of General Contractors of Colorado, testified in opposition to the bill. Mr. Jakubowsky explained that Colorado is already in the process of contracting on the basis of experience, past performance, and cost, making the bill an unnecessary burden on the contracting process. Mr. Jakubowski responded to questions regarding construction failures under the current system of construction contracting and what type of construction contracting is used for certain large projects now being constructed in Colorado.

02:06 PM -- Mr. Chuck Madison, representing himself, testified in favor of Senate Bill 06-234. Mr. Madison explained that the bill maintains apprenticeship programs for construction workers, thus nurturing the economic health of the state. Mr. Madison responded to questions regarding the use of illegal aliens in construction contracting.


02:09 PM -- Mr. Tony Milo, representing the Colorado Contractors Association, testified in opposition to the bill. Mr. Milo stated that contracting with the Department of Transportation for construction projects is subject to prequalification, and the current system of low bidding is designed to prevent corruption. Mr. Milo responded to questions regarding construction project failures under the current system of contracting, the current bonding requirements for contractors, and the contracting system in Michigan.

02:13 PM

Representative Coleman moved prepared amendment L.003 (Attachment A). Representative Garcia explained the amendment and responded to questions regarding situations where federal highway grants would be exempted from best value construction contracting.
BILL:SB06-234
TIME: 02:13:37 PM
MOVED:Coleman
MOTION:Moved prepared amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:Carroll T.
VOTE
Cadman
Carroll T.
Coleman
Crane
Absent
Gallegos
Liston
Lundberg
Schultheis
Todd
Ragsdale
Weissmann
Not Final YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: Pass Without Objection


Representative Garcia explained the effect of prepared amendment L.006 (Attachment B). Discussion ensued regarding certain qualitative terms used in the amendment. Ms. Shane Madsen, representing the American Plastics Council and the American Forestry and Paper Association, clarified the language in the amendment and the reason for incorporating the language.
BILL:SB06-234
TIME: 02:15:50 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.006 (Attachment B). The motion passed on a 7-3 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Excused
Gallegos
Yes
Liston
No
Lundberg
Yes
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Not Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

Representative Schultheis moved and explained prepared amendment L.004 (Attachment C). Discussion ensued regarding the effect of the amendment and its relationship to a bill sponsored by Representative Crane that was then pending before the legislature. The chair ruled that the amendment fit under the title of the bill.
BILL:SB06-234
TIME: 02:22:25 PM
MOVED:Schultheis
MOTION:Moved prepared amendment L.004 (Attachment C). The motion passed 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


The committee took a brief recess.

02:29 PM

Representative Garcia provided closing comments in favor of Senate Bill 06-234.
BILL:SB06-234
TIME: 02:30:20 PM
MOVED:Ragsdale
MOTION:Moved to refer Senate Bill 06-234, as amended, to the Committee of the Whole. The motion passed on a 7-4 roll call vote.
SECONDED:Todd
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
No
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:31 PM -- Senate Bill 06-223

Representative Weissmann announced that Representative Plant, prime sponsor of the bill, wished to have the bill laid over until May 11th.
BILL:SB06-223
TIME: 02:31:48 PM
MOVED:Cadman
MOTION:Moved to Postpone Indefinitely Senate Bill 06-223. A substitute motion passed to lay the bill over until May 11th.
SECONDED:Liston
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: TIE


BILL:SB06-223
TIME: 02:31:56 PM
MOVED:Carroll T.
MOTION:Moved to lay over Senate Bill 06-223 until May 11, 2006. The motion passed on a 9-2 roll call vote.
SECONDED:Coleman
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
No
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:32 PM -- Senate Bill 06-225

Representative Paccione provided an overview of Senate Bill 06-225, concerning the creation of a division in the Colorado State Patrol to address human smuggling. Discussion ensued regarding the fiscal impact of the bill.

02:37 PM -- Mr. Terry Campbell, representing the Colorado State Patrol, made himself available to answer questions regarding Senate Bill 06-225. Mr. Campbell responded to questions regarding the functioning of a new human smuggling division and the scope of duties of such a division. Mr. Campbell then responded to questions regarding how illegal aliens being transported in the state would be treated by the new division. A discussion ensued regarding the fiscal impact of the bill compared to the number of people that are projected to be prosecuted for human smuggling or trafficking.


02:49 PM

No amendments were offered for Senate Bill 06-225.

02:50 PM

The committee recessed to wait for the return of committee members with other commitments.

02:56 PM

The committee returned to order. Discussion ensued regarding the number of employees contemplated by the fiscal note for the new human smuggling division.
BILL:SB06-225
TIME: 02:57:42 PM
MOVED:Carroll T.
MOTION:Moved to refer Senate Bill 06-225 to the Committee on Appropriations. The motion passed on a 9-2 roll call vote.
SECONDED:Todd
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
Yes
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
No
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:59 PM

The committee recessed for additional House floor work.

05:01 PM

The committee returned to order. Representative Cloer presented an overview of House Joint Resolution 06-1026, concerning elimination of the requirement that volunteer lobbyists register with the Chief Clerk of the House of Representatives. Committee members received copies of a newspaper article regarding an instance involving some university students assisting lobbyists in advocating for funding (Attachment D). Representative Cloer responded to questions regarding the definition of a volunteer lobbyist and situations where students have engaged in advocacy when visiting the capitol.

05:07 PM

The following people testified regarding House Joint Resolution 06-1026:

05:07 PM -- Mr. Robert Edmiston, representing the Firearms Coalition of Colorado, testified against House Joint Resolution 06-1026, and objected to the method by which lobbying registration is currently handled. Mr. Edmiston provided the committee with written comments regarding his testimony (Attachment E). Mr. Edmiston explained that record of his registration as a volunteer lobbyist had gone missing, and supported the registration rule regarding volunteer lobbyists in its current format. Discussion ensued regarding disclosure of gifts by volunteer lobbyists and confusion among lobbyists as to whether they should register as paid or volunteer lobbyists. Discussion followed regarding who, by rule, is to register as a lobbyist and the procedures to be followed when registering as a lobbyist.

05:13 PM -- Mr. Gregory Staritsky, representing himself, testified regarding the joint resolution. Mr. Staritsky provided some background regarding the history of lobbying in Colorado and the practice of registering lobbyists. Mr. Staritsky also detailed the legislative rules pertaining to lobbyists over the years. Mr. Staritsky then explained some advantages and disadvantages to registering lobbyists. Mr. Staritsky responded to a question regarding his lobbying status.


05:22 PM

Discussion ensued regarding recordkeeping by the Secretary of State pertaining to lobbyists. Representative Crane moved to refer House Joint Resolution to the Committee of the Whole. Representatives Weissmann and Coleman explained their objections to House Joint Resolution 06-1026. Representatives Lundberg and Schultheis explained their reasons for supporting the resolution. Discussion ensued regarding instances where members of the public not registered as lobbyists have advocated positions on legislation to legislators.
BILL:HJR 1026
TIME: 05:27:16 PM
MOVED:Crane
MOTION:Moved to refer House Joint Resolution 06-1026 to the Committee of the Whole with favorable recommendation. The motion failed on a 4-7 roll call vote.
SECONDED:Schultheis
VOTE
Cadman
Yes
Carroll T.
No
Coleman
No
Crane
Yes
Gallegos
No
Liston
No
Lundberg
Yes
Schultheis
Yes
Todd
No
Ragsdale
No
Weissmann
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HJR 1026
TIME: 05:33:46 PM
MOVED:Coleman
MOTION:Moved to Postpone Indefinitely House Joint Resolution 06-1026. The motion passed on a 7-4 roll call vote.
SECONDED:Ragsdale
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
Yes
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:35 PM

Representative Cloer presented House Resolution 1010, concerning repeal of the requirement that volunteer lobbyists register with the Chief Clerk of the House of Representatives, and urged members of the committee to recognize the requirement. No one testified regarding the resolution, and no amendments were offered.
BILL:HR 1010
TIME: 05:35:49 PM
MOVED:Coleman
MOTION:Moved to Postpone Indefinitely House Resolution 06-1010. The motion passed on a 7-4 roll call vote.
SECONDED:Weissmann
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
No
Gallegos
Yes
Liston
Yes
Lundberg
No
Schultheis
No
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:37 PM

Representative Cloer, prime sponsor, provided an overview of House Joint Resolution 06-1033, concerning the mandatory release to the public of proposed legislation for which confidentiality has been waived prior to any vote by an interim committee to recommend such proposed legislation. No one testified regarding the resolution, and no amendments were offered. Discussion ensued regarding the fluid nature of legislation recommended by interim committees and the level of public interaction with the interim committee process. Discussion followed regarding the current rules for allowing release of legislation proposed by an interim committee.


BILL:HJR 1033
TIME: 05:43:14 PM
MOVED:Lundberg
MOTION:Moved to refer House Joint Resolution 06-1033 to the Committee of the Whole with favorable recommendation. A substitute motion passed to postpone indefinitely the resolution.
SECONDED:Cadman
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: TIE
BILL:HJR 1033
TIME: 05:43:38 PM
MOVED:Coleman
MOTION:Moved to Postpone Indefinitely House Joint Resolution 06-1033. The motion passed on a 9-2 roll call vote.
SECONDED:Carroll T.
VOTE
Cadman
No
Carroll T.
Yes
Coleman
Yes
Crane
Yes
Gallegos
Yes
Liston
Yes
Lundberg
No
Schultheis
Yes
Todd
Yes
Ragsdale
Yes
Weissmann
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS




05:47 PM -- Senate Bill 06-233

Representative Coleman provided an overview of Senate Bill 06-233, concerning clarification of the existing authority of the state auditor to access confidential documents.

05:48 PM

The following people testified regarding Senate Bill 06-233:

05:49 PM -- Ms. Joanne Hill, State Auditor, testified in favor of Senate Bill 06-233. Ms. Hill explained that passage of the bill was important for maintaining oversight of state expenditures and confidentiality of privileged information. Committee members received a factsheet regarding the bill, prepared by the State Auditors Office (Attachment F). Ms. Hill explained her objection to a forthcoming amendment, prepared amendment L.002 (Attachment G), and requested that the bill not be amended in committee, pending further discussion among interested parties. Discussion ensued regarding maintaining confidentiality of records by those involved in the audit process and the impact of amendment L.002 on the audit process. Ms. Hill responded to questions regarding accessing medical information for audit purposes under various federal programs and acts, and penalties for releasing confidential information under the bill.

06:05 PM -- Dr. Richard Vogt, representing Public Health Directors of Colorado, testified in opposition to the bill. Dr. Vogt provided the committee with notes regarding his testimony (Attachment H). Dr. Vogt explained that reporting of diseases may be compromised due to the fear of release of confidential health-related information, and that he feels audit staff is insufficiently trained to properly handle confidential information. Mr. Vogt also explained that receipt of federal money for health programs may be jeopardized by passage of the bill, since federal officials do not wish for confidential health-related information to be involved in the audit process. Dr. Vogt responded to questions regarding his experiences with laws in other states related to release of confidential information.

06:15 PM

Dr. Vogt responded to questions regarding the nexus between the state audit process and the public health industry. Discussion ensued regarding the potential for sensitive disease-related information to be disseminated beyond the health care industry and the impact of Senate Bill 06-233 on expansion of the ability of the State Auditor and state agencies to access medical information. Dr. Vogt suggested that confidential medical information supplied to the State Auditor be stripped of names, addresses, geographic subdivisions, and other identifying elements. Discussion ensued regarding the problems associated with this approach.


06:25 PM -- Mr. Robin Valdez, representing the Denver Mayor's Office of HIV Resources, testified in opposition to Senate Bill 06-233. Mr. Valdez expressed concern that breaches of confidentiality would occur if confidential medical information were to be disseminated beyond the health care community. Mr. Valdez expressed support for amendment L.002.

06:28 PM -- Ms. Deirdre Maloney, representing Colorado Organizations Responding to AIDS, testified in opposition to the bill, stating that confidential information relating to HIV/AIDS should be exempted from the bill. Ms. Maloney explained that the stigma associated with HIV/AIDS will lead those afflicted with the disease to refrain from seeking health care services if access were granted to confidential health care information beyond health care providers. Ms. Maloney responded to questions regarding the impact of Senate Bill 06-233 on the release of confidential health care-related information. Discussion ensued regarding proposed amendment L.002 and potential barriers created by the audit process that may reduce the use of health care services.

06:38 PM

No amendments were offered for Senate Bill 06-233. Discussion ensued regarding the crafting of language based on amendment L.002 for future hearings of the bill, and amending the bill to allow certain information on confidential health care-related documents to be redacted.
BILL:SB06-233
TIME: 06:43:02 PM
MOVED:Coleman
MOTION:Moved to refer Senate Bill 06-233 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-0-1 roll call vote.
SECONDED:Schultheis
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



06:45 PM

The committee adjourned.