Date: 04/23/2012

Final
BILL SUMMARY for HB12-1333

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Adopt prepared Amendment L.001 (Attachment A). The
Adopt prepared Amendment L.007 (Attachment B). The
Refer House Bill 12-1333, as amended, to the House		FAIL
PASS
PASS



03:02 PM -- House Bill 12-1333

Representative Becker, sponsor of House Bill 12-1333, presented the bill. The bill permits an employee of a public school to request an automatic payroll deduction, or cancel an existing deduction, for dues paid to a labor organization. Employers have 30 days following a written request from an employee to either activate or cancel the automatic payroll deduction. An employer may not enter into a collective bargaining agreement requiring automatic payroll deduction of dues unless the withholding is subject to written authorization by the employee.

A labor organization that receives dues via an automatic payroll deduction must provide the employee with annual written financial information that discloses how the dues were spent. The bill also permits an employee to join or quit the labor organization at any time. Employers and labor organizations are prohibited from placing time restrictions on an employee's choice to join or end membership in the labor organization.

The following persons testified:

03:04 PM -- Jan Tanner, representing herself as a member of the Board of Directors at the Colorado Association of School Boards (CASB), testified in opposition to the bill. Ms. Tanner stated that the bill is unnecessary and that what the bill is asking to be done has already been accomplished in District 11, in Colorado Springs.

03:07 PM -- Julie Whitacre, representing the Colorado Education Association (CEA), testified in opposition to the bill. Ms. Whitacre stated that these are decisions that should be made at the local level and that the legislation attempts to strip districts of their local control.

03:09 PM -- Libby Moody, representing the Professional Association of Colorado Educators (PACE), testified in support of the bill. Ms. Moody stated that the bill is fair and logical and that it will provide teachers with a choice regarding where their moneys are being used.

Representative Todd asked if PACE negotiates with school districts regarding educator salaries, benefits, and the like. Ms. Moody responded that PACE does not negotiate. Representative Peniston asked if District 49 has union representation separate from PACE. Ms. Moody responded that it does. Representative Hamner asked clarifying questions of Ms. Moody's testimony. Representative Solano commented that she can think of several teachers she taught with that were not a part of the union. Representative Beezley commented that the purpose of the bill seems to be to protect the freedom of choice for teachers. Ms. Moody responded in the affirmative.

Representative Ramirez asked what the most vital part of the bill is, in Ms. Moody's opinion. Ms. Moody responded that she believes that people should have a choice about how their union dues are being used. She stated that she joined PACE because it is a nonpolitical organization. She added that PACE asks members for their input on how moneys are to be used.

03:24 PM -- Kelly Hebert, representing PACE, testified in support of the bill. Mr. Hebert discussed his experience as a member of a union and the challenges he faced when attempting to terminate his membership.

Representative Peniston asked if Mr. Hebert knew he was signing a contract when he joined the union. Mr. Hebert stated that he did not know that he was signing a contract, but thought that he was just joining an association. He added that he was not told anything about terminating his membership at the time he signed up.

Committee discussion with Mr. Hebert ensued.

03:41 PM -- Debbie Cohen, representing PACE, testified in support of the bill. Ms. Cohen stated that it is important that teachers have a variety of options when choosing their association and that many school districts do not allow teachers to fully exercise the right to choose. She stated that in many school districts, the union enjoys benefits such as payroll deductions for dues and access to teacher meetings, while other organizations are shut out. She stated that PACE is frequently denied access to teachers. She discussed her decision to terminate her membership with the union because the money was going towards funding everything she did not believe in. She added that teachers are interested in nonpartisan options and that PACE is focused on professionalism.

Ms. Cohen responded to questions from the committee.

03:51 PM -- Tim Farmer, representing PACE, testified in support of the bill. Mr. Farmer stated that the bill will provide greater equity between union and nonunion teachers. He stated that PACE has a policy that allows teachers to join and withdraw on a month-to-month basis. He stated that he is a big proponent of local control, but he sees that teachers' interests and rights are being taken advantage of, and sees the need for higher government to step in. He stated that he meets with teachers frequently, but does not believe that a single teacher knows that they can get out of the union, and that this information is not being adequately disclosed.

Mr. Farmer responded to questions from the committee.


03:58 PM

Two amendments to the bill were distributed (Attachments A and B).

HseEd0423AttachA.pdf HseEd0423AttachB.pdf
BILL:HB12-1333
TIME: 04:03:13 PM
MOVED:Massey
MOTION:Adopt prepared Amendment L.001 (Attachment A). The motion failed on a roll call vote of 6-7.
SECONDED:Holbert
VOTE
Court
No
Hamner
No
Holbert
Yes
Joshi
Yes
Kerr A.
No
Murray
No
Peniston
No
Ramirez
Yes
Solano
No
Summers
Yes
Todd
No
Beezley
Yes
Massey
Yes
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB12-1333
TIME: 04:06:03 PM
MOVED:Holbert
MOTION:Adopt prepared Amendment L.007 (Attachment B). The motion passed on a roll call vote of 7-6.
SECONDED:Beezley
VOTE
Court
No
Hamner
No
Holbert
Yes
Joshi
Yes
Kerr A.
No
Murray
Yes
Peniston
No
Ramirez
Yes
Solano
No
Summers
Yes
Todd
No
Beezley
Yes
Massey
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:06 PM

Representative Becker provided closing statements to the bill. Committee discussion ensued.
BILL:HB12-1333
TIME: 04:09:47 PM
MOVED:Holbert
MOTION:Refer House Bill 12-1333, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 7-6.
SECONDED:Beezley
VOTE
Court
No
Hamner
No
Holbert
Yes
Joshi
Yes
Kerr A.
No
Murray
Yes
Peniston
No
Ramirez
Yes
Solano
No
Summers
Yes
Todd
No
Beezley
Yes
Massey
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS