House Committee on Education (04/16/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	04/16/2012	ATTENDANCE

Time:	01:32 PM to 03:45 PM	Hamner	X
		Holbert	X
Place:	HCR 0112	Joshi	X
		Murray	*
This Meeting was called to order by		Peniston	X
	Representative Massey	Ramirez	X
		Schafer S.	X
This Report was prepared by		Solano	X
	Kristen Johnson	Summers	*
		Todd	*
		Young	X
		Beezley	X
		Massey	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1331 SB12-145 HB12-1214 HB12-1322		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Postponed Indefinitely

01:32 PM -- House Bill 12-1331

Representative Massey, Chair, called the meeting to order and announced the order that the committee would hear the bills on its agenda. He invited Representative Brown to the table to present his bill.

Representative Brown, sponsor of House Bill 12-1331, presented the bill. The bill changes the name of Western State College of Colorado to Western State Colorado University and makes conforming amendments.

Representative Hamner asked what the process was like for building support for the name change. Representative Brown stated that the question is best addressed by one of the witnesses.

The following persons testified:

01:34 PM -- Jay Helman, President, Western State College of Colorado (Western), testified in support of the bill. He stated that west of the Mississippi, all "colleges" are two-year or technical schools, and that all "universities" are four-year schools. He discussed the challenges of communicating to visitors and prospective students that Western is a four-year school that also offers graduate level course work.

01:37 PM -- Stefanie Foote, Chair, Western Board of Trustees, testified in support of the bill. Ms. Foote responded to Representative Hamner's earlier question about the name change process. Ms. Foote described the process for deciding on the name change, stating that an alumni survey was administered; four open forums were conducted for the student body; and several meetings were held with the Western Board of Trustees and the foundation board, the City of Gunnison, and with Colorado Mesa University. Ms. Foote responded to questions from the committee regarding the alumni survey and market research conducted on the name choice. She stated that, of those alumni who responded, 82 percent were in support of the name change.

01:44 PM -- Todd Wheeler, Trustee, Western Board of Trustees, testified in support of the bill. Mr. Wheeler stated that the change is very important in continuing to increase enrollment at Western. He added that it is critical to the school that it is in step with the lingo of high school kids who are looking for the college they will attend. He briefly discussed the master's degree programs that are currently offered at the school.

01:46 PM -- Paula Swenson, Gunnison County Commissioner, testified in support of the bill. Ms. Swenson stated that Western is part of the Gunnison community and valley, and that it is an important part of the area's history and culture. She discussed the economic impact of the school on the region, stating that it is an important economic driver and integral to the economics of their valley. She stated that Western is always at the forefront of their conversations about economic development. She added that the school has seen a huge increase in the number of community members who attend the school over the summer.

01:49 PM -- Sarah Newberry, President, Western's Student Association, testified in support of the bill. She discussed her work with the student body to educate them about the name change. Ms. Newberry responded to questions from the committee.

01:51 PM

Representative Peniston requested that President Helman return to the table to discuss programming at Western. President Helman returned to the table and discussed the master's degree programs that are offered at Western. He stated that currently, Western offers master's degrees in education and in creative writing. He stated that two additional master's degree programs are being developed in health sciences and in business. He noted that the graduate programs at Western are cash funded, and that no General Fund moneys are used to fund these programs. He added that some of the revenue from the graduate programs feeds back into supplementing other activities taking place on the campus.

Representative Hamner complimented President Helman on Western's campus and facilities and thanked him for his passionate leadership at the school.


BILL:	HB12-1331
TIME:	01:56:01 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Hamner
	Holbert
	Joshi
	Murray
	Peniston
	Ramirez
	Schafer S.
	Solano
	Summers
	Todd
	Young
	Beezley
	Massey

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1331
TIME:	01:56:44 PM
MOVED:	Summers
MOTION:	Refer House Bill 12-1331, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 13-0.
SECONDED:	Ramirez
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Young	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:00 PM -- Senate Bill 12-145

Representative Becker, sponsor of Senate Bill 12-145, presented the bill. The bill, which is recommended by the Joint Budget Committee (JBC), caps the transfer to the State Public School Fund of royalty revenue earned on state school lands and interest earned on the Public School Fund (Permanent Fund) at $21.0 million and $15.0 million, respectively.

Colorado's original allocation of school trust lands, and the Permanent Fund that is supported by proceeds from these lands, were both established in the state's enabling act. The Permanent Fund receives revenue resulting from the sale of state school lands, and the interest earned by the Permanent Fund is meant to support public schools. Section 3 of Article IX of the State Constitution makes the principal of this fund inviolate and requires the interest and other income be used only to support the public schools of Colorado.

Prior to the establishment of Building Excellent Schools Today (BEST) program in 2008, all income from these lands above what was required for operation of the State Land Board was transferred to the Permanent Fund. Under current law, income from these lands is allocated as follows:

• 50 percent of gross income from these lands is transferred to BEST;
• $9.1 million supports State Land Board operations; and
• the remainder is transferred to the State Public School Fund for appropriation through the School Finance Act.

The following person testified:

02:02 PM -- Lyndon Burnett, Colorado Association of School Boards (CASB), testified in support of the bill. Mr. Burnett stated that the bill is a good idea and that it will provide an opportunity to start growing the Permanent Fund again so that there is money for educating kids in the future.


BILL:	SB12-145
TIME:	02:03:53 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Beezley
		VOTE
	Hamner
	Holbert
	Joshi
	Murray
	Peniston
	Ramirez
	Schafer S.
	Solano
	Summers
	Todd
	Young
	Beezley
	Massey

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-145
TIME:	02:05:08 PM
MOVED:	Holbert
MOTION:	Refer Senate Bill 12-145, as amended, to the House Committee on Appropriations. The motion passed on a roll call vote of 13-0.
SECONDED:	Ramirez
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Young	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM -- House Bill 12-1214

Representative Becker, sponsor of House Bill 12-1214, presented the bill. The bill allows a community college to offer a two-year degree program with academic designation in nursing or dental hygiene without a valid student transfer agreement.

Academic designation permits a student to choose an academic major while pursuing his or her associate's degree in order to ease transfer between a two-year college and a four-year college. Under current law, an associate's degree with academic designation may only be offered for degree programs that have a valid student transfer agreement.

Community colleges seeking to add academic designation to a degree program must get approval from the State Board for Community Colleges and Occupational Education (SBCCOE), and the Colorado Commission on Higher Education (CCHE). Junior colleges seeking to add academic designation to a program must get approval from the school's board of trustees and the CCHE.

Representative Becker distributed Amendment L.002 (Attachment C) and stated that the amendment removes nursing from the provisions of the bill.

02:07 PM

Representative Young asked about student transfer agreements. Representative Becker responded, describing transfer agreements. He added that there is not currently a dental hygienist transfer agreement in place, so it must be addressed through legislation.

The following persons testified:

02:08 PM -- Dr. Geri Anderson, Vice Provost for the Colorado Community College System (CCCS) and interim President of the Community College of Aurora (CCA), testified in support of the bill. Dr. Anderson began by saying that student transfer agreements have been wonderful for the students of Colorado. Dr. Anderson stated that there are no four-year dental hygienist programs in Colorado, but that the bill will only impact a small number of students. She described the technical degree that is currently available in Colorado for dental hygiene, and stated that four-year institutions do not accept the Associate of Applied Science (AAS) degree because they see it as a terminal degree at the two-year schools. She stated that if students change their career path and choose to go into another program, then this bill will allow their AAS degree to transfer so that they do not have to repeat the core courses. She added that the bill does not add or delete courses from the dental hygiene program.

Representative Hamner asked about the difference between a four-year and two-year degree in dental hygiene. Dr. Anderson responded.

02:12 PM -- Laura Jacob, representing the Colorado Dental Hygienists Association, testified in support of the bill. She stated that association supports the bill.


BILL:	HB12-1214
TIME:	02:13:13 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Hamner
	Holbert
	Joshi
	Murray
	Peniston
	Ramirez
	Schafer S.
	Solano
	Summers
	Todd
	Young
	Beezley
	Massey

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1214
TIME:	02:13:46 PM
MOVED:	Todd
MOTION:	Refer House Bill 12-1214, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 12-0.
SECONDED:	Murray
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Excused
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Young	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:14 PM

The committee took a brief recess to locate the next bill's sponsor.

02:18 PM -- House Bill 12-1322

The committee came back to order.

Representative Sonnenberg, sponsor of House Bill 12-1322, presented the bill. The bill requires the United States government to sell agricultural public lands on or before December 31, 2014, and provides that any agricultural public lands not sold as of that date will no longer be exempt from property tax. The bill requires the United States to pay the state 5 percent of the net proceeds of any land sold. Proceeds will be deposited in the Internal Improvements Trust Fund (trust fund), created in the bill. The bill requires the State Treasurer to credit 50 percent of the interest and income earned on the trust fund to the State Education Fund at the end of each fiscal year. The General Assembly may annually appropriate the remaining 50 percent for water storage projects recommended by the Colorado Water Conservation Board.

The bill defines "agricultural public lands" to mean any lands within the state that are, or could be, used for agriculture, except those privately held, or those held in trust by the state, a political subdivision, or an independent entity, including all land owned by the Colorado State Land Board. Other specific exemptions include national parks, land used for military purposes, and land belonging to an Indian, Indian tribe, or community that is held in trust by the United States.

Representative Sonnenberg distributed Amendment L.001 (Attachment D) and explained that instead of selling the lands, the United State government would be required to cede the lands to the State of Colorado. He distributed Attachment E and described the maps that appear on pages four and five of the handout. Finally, he discussed the Supreme Court case of Hawaii concerning its public federal lands.

Representative Ramirez asked if the bill would exempt national parks and monuments. Representative Sonnenberg responded that yes, those items are exempted from the provisions of the bill. Representative Hamner asked a follow-up question regarding whether or not national forest lands would be included under the bill. Representative Sonnenberg responded in the affirmative.

Representative Hamner asked about the composition of the State Land Board. Representative Sonnenberg deferred the question until witness testimony.

02:26 PM

Representative Solano asked if the land was ceded to the state, would the State Land Board have the opportunity to sell the land. Representative Sonnenberg stated that yes, they would, but that the incentive is not in selling the land because the federal government would receive 95 percent of the revenue from the sale.

The following persons testified:

02:31 PM -- Bill Ryan, Director, State Board of Land Commissioners, came to the table to respond to committee questions. He discussed the composition of the State Land Board, saying that it is a five-member board with no more than three members being from the same political party. He said that the State Land Board currently manages about three million surface acres primarily to benefit education in Colorado.

Representative Murray asked how much land would be added to the State Land Board's management through the bill. Representative Sonnenberg stated that roughly 23 million acres would be added.

02:33 PM -- Molly Streff, a student at the University of Colorado, testified in opposition to the bill. She stated that she was testifying as part of a class on public policy that she is taking. She discussed the idea of private ownership of the lands, saying that this will ensure the most efficient and effective use of the lands.

02:36 PM -- Scott Braden, Director of Conservation and Education, Colorado Mountain Club (CMC), testified in opposition to the bill. He discussed the background and activities of CMC. He stated that CMC opposes the bill because the members of CMC and the citizens of Colorado benefit so much from these lands and that the lands are an essential part of Colorado. He stated that, from the bill, it is hard to determine which lands are considered to be agricultural lands. He asserted that the bill will not raise funds for education, but rather, will cost the citizens of the state money for litigation with the federal government. He described a Colorado that is privately owned, noting the fences, no trespassing signs, and limited access that would prevent citizens from using the public lands.

Representative Massey asked Mr. Braden if his position would change in light of Amendment L.001 (Attachment D). Mr. Braden said that it would not change. Conversation between Mr. Braden and the committee ensued.

02:46 PM -- Kristina Kibler, representing the Colorado Mountain Bike Association, testified in opposition to the bill. Ms. Kibler provided background of the Colorado Mountain Bike Association. She stated that Colorado's lands support 170,000 jobs in Colorado. She stated that the bill would undermine the outdoor recreation industry in Colorado and that the bill puts a lot of power into the hands of a five-person board and would undermine the current public process. She stated that she is also concerned about the definition of agricultural lands in the bill. She stated that the amendment does not change her position on the bill.

02:49 PM -- Steve Bonowski, representing ConservAmerica and the Republicans for Environmental Protection, testified in opposition to the bill. He provided a handout to the committee members (Attachment F). He stated that Colorado's federal public lands are the gift that keeps on giving to the state's economy through recreation. He stated that if the State Land Board were to take control of the lands, it could damage the ranching industry in Colorado, explaining that the State Land Board must charge market rate for the use of its lands, and this would likely increase the fee that ranchers are required to pay. He discussed the level of volunteerism that goes into maintaining the public lands currently. He questioned whether the grass of the ski runs in Colorado would be considered to be agricultural lands.

02:56 PM

Representative Young asked Mr. Bonowski to speak to the Supreme Court case in Hawaii. Mr. Bonowski stated that he is not very familiar with the case, but that he suspects that Colorado's situation would be very different from Hawaii's situation.

Representative Schafer asked about Mr. Bonowski's confidence in the State Land Board's ability to manage the lands, and asked about the level of preparation they have for dealing with emergencies. Mr. Bonowski stated that he can only speculate on that, but believes that the State Land Board is thinly staffed. Representative Sonnenberg commented.

02:59 PM -- Kurt Kunkle, representing the Colorado Environmental Coalition, testified in opposition to the bill. Mr. Kunkle discussed the economics of the lands. He stated that taking away public lands will drastically reduce the lifestyle in Colorado. He stated that his opinion is not changed by the proposed amendment to the bill.

03:02 PM -- David Nickum, Executive Director, Colorado Trout Unlimited, testified in opposition to the bill. He discussed why he moved to Colorado and the many opportunities availed by the Bureau of Land Management (BLM) lands in the state. He expressed concern over the state's ability to take on the charge of managing an additional 23 million acres of land, saying that the state would have to find resources for this role.

03:05 PM -- John Smeltzer, representing the Colorado Wildlife Federation, testified in opposition to the bill. He stated that if the State Land Board were to acquire the lands, which would be the second largest amount of state land accumulation since the 1800's, then there would have to be a superagency created in land management. He stated that he would guess that the State Land Board is spending about $1.00 to $1.50 per acre to manage the lands that they currently hold. He discussed public access to lands in Iowa, his home state. He stated that if the lands were put under the state system, then it is probable that everyone would have to buy a $60 to $80 annual park pass to use the lands. He stated that with all of the budget constraints, he does not see the merit behind making such a drastic change in the way that the lands are managed. He added that he knows that the State Land Board staff is low and that would require several groups to be responsible for managing the lands. He concluded by stating that the bill is unwise and untimely for Colorado.

Mr. Smeltzer responded to questions from the committee members.

03:19 PM -- Bill Dvorak, representing Dvorak's Expeditions, testified in opposition to the bill. He stated that the idea of selling off public lands goes against the grain. He described his experience years ago when he was able to ask a rancher for permission to hunt on their lands, and they would let him. These days, he said, ranchers charge from $100 to $500 as a trespass fee. He stated that he has done hunts on private lands where the owner would charge $5,000 to $10,000 for access. He discussed off road vehicles. He added that he is still opposed to the bill, even with the amendment.

03:25 PM -- Catherine Sparkman, representing herself, testified in opposition to the bill. She discussed the benefit of the lands to her and other Coloradans.


BILL:	HB12-1322
TIME:	03:29:25 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.001 (Attachment D). The motion passed on a vote of 7-6.
SECONDED:	Holbert
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	No
	Ramirez	Yes
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Young	No
	Beezley	Yes
	Massey	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:29 PM

Representative Sonnenberg discussed the fiscal note to the bill and the memorandum to the fiscal note (Attachment G).

Representative Young asked if the language in the bill is the same language as was passed in Utah. Representative Sonnenberg stated that it is the same language used in Utah.

Discussion between the bill sponsor and the committee ensued.


BILL:	HB12-1322
TIME:	03:40:45 PM
MOVED:	Beezley
MOTION:	Refer House Bill 12-1322, as amended, to the House Committee on Finance. The motion failed on a roll call vote of 5-8.
SECONDED:	Murray
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Murray	Yes
	Peniston	No
	Ramirez	No
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Young	No
	Beezley	Yes
	Massey	No

YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1322
TIME:	03:45:04 PM
MOVED:	Todd
MOTION:	Move to postpone indefinitely House Bill 12-1322. The motion passed on a roll call vote of 7-6.
SECONDED:	Hamner
		VOTE
	Hamner	Yes
	Holbert	No
	Joshi	No
	Murray	No
	Peniston	Yes
	Ramirez	No
	Schafer S.	Yes
	Solano	Yes
	Summers	No
	Todd	Yes
	Young	Yes
	Beezley	No
	Massey	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:45 PM

The committee adjourned.