Senate Committee on Local Government and Energy (02/03/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT AND ENERGY

Date:	02/03/2009	ATTENDANCE

Time:	02:02 PM to 06:03 PM	Cadman	X
		Hodge	X
Place:	SCR 353	Kester	E
		Lundberg	X
This Meeting was called to order by		Newell	*
	Senator Schwartz	Foster	X
		Schwartz	X
This Report was prepared by
	Kori Donaldson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Public Utilities Commission SB09-006 SB09-019 SB09-031		Favorably Refer to the Full Senate Amended, Referred to Appropriations Postponed Indefinitely Laid Over

02:02 PM -- Confirmation of Appointees to the Public Utilities Commission

The meeting was called to order. A quorum was present. The committee considered the appointment of Mr. James K. Tarpey to the Public Utilities Commission (PUC). Mr. Tarpey introduced himself to the committee, talked about issues that the PUC has considered in the last year, and spoke about how his work history has prepared him to be a member of the commission. Mr. Tarpey addressed a question about climate change. Discussion ensued.


BILL:	Conf 09-Public Utilities Commission
TIME:	02:13:23 PM
MOVED:	Foster
MOTION:	Refer appointment of James K. Tarpey to the Public Utilities Commission to the full Senate with a favorable recommendation. The motion passed on a vote of 6-0-1.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Excused
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:14 PM -- Senate Bill 09-006

Senator Betty Boyd, prime sponsor, presented Senate Bill 09-006, which creates the County Jail Mobile Identification Unit within the Division of Motor Vehicles, Department of Revenue, in order to process identification cards at metropolitan-area county jails for prisoners without identification cards. The mobile unit will travel to jails in Adams, Arapahoe, Boulder, Douglas, and Jefferson counties on a regular basis to issue new identification cards to prisoners who do not already have an identification card, but do have all of the proper documentation. Senator Boyd distributed and spoke to Amendment L.001 (Attachment A). The following people testified about the bill:

02:20 PM -- Ms. Harriet Hall, representing the Mentally Ill in the Criminal Justice System task force, spoke in support of the bill. Ms. Hall gave the committee a brief overview of the charge and history of the task force. She said that proper identification is a requirement for mentally ill parolees in order to receive needed services such as Medicaid. Ms. Hall and Senator Boyd addressed questions about how the mobile unit will operate. Discussion ensued about how the identification cards will be delivered to recipients. Discussion turned to the projected fiscal impact of implementing the bill. Ms. Hall addressed a question about alternate methods of attaining identification cards.

02:38 PM -- Mr. Paul Siska, representing the Metro Area County Commissioners (MACC) Task Force for Identifying the Impact of Mentally Ill Offenders, spoke in support of the bill. Mr. Siska spoke about the increased cost of incarceration for the seriously mentally ill and the percentage of these inmates without any form of identification. Mr. Siska explained how inmates without any prior identification documents can be assisted in attaining identification cards. Discussion ensued about the costs of housing the seriously mentally ill in area jails.

02:51 PM -- Mr. Bill Lovingier, representing the Denver Sheriff Department, spoke in support of the bill and noted the average number of inmates with mental health needs that are serviced by area jails each year. Mr. Lovingier explained that issuing identification cards to eligible prisoners will reduce recidivism. He said that although alternatives exist, the best option for issuing identification cards to offenders is a mobile unit.

02:57 PM -- Mr. Rick Doucet, also representing the MACC task force, spoke in support of the bill. He said that identification and medication are critical for the seriously mentally ill population.

02:59 PM -- Commissioner Bob Gaiser, representing the City and County of Broomfield, spoke in support of the bill. He addressed questions about the local costs of creating and maintaining a mobile unit.

03:05 PM -- Mr. Doug Wilson, Colorado Public Defender, spoke in support of the bill. Mr. Wilson said the biggest impediment to inmate re-entry into society is the lack of a driver's licence.

03:08 PM -- Mr. Steven Kopanos , representing Mental Health America of Colorado, spoke in support of the bill and explained the cost-savings that can be realized by reducing recidivism as a result of issuing the identification cards. Mr. Kopanos listed the uses of an identification card.

03:11 PM -- Mr. Mark Couch, representing the Department of Revenue, spoke about the bill. Mr. Couch explained that inmates are required to pay for new identification cards and that identification cards are mailed to inmates after they are released from prison. Discussion ensued about how identification cards are delivered to the paroled inmates. Senator Lundberg expressed his concerns about the fiscal impact of the bill. Mr. Couch spoke to L.001 and explained that the department is in the process of updating its technology in order to prevent identity theft.

03:32 PM -- Ms. Gina Shimeall, representing the Mentally Ill in the Criminal Justice System task force, spoke in support of the bill.

03:35 PM

Senator Boyd made some concluding remarks about the bill.


BILL:	SB09-006
TIME:	03:36:33 PM
MOVED:	Hodge
MOTION:	Refer Senate Bill 09-006, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-2-1.
SECONDED:
		VOTE
	Cadman	No
	Hodge	Yes
	Kester	Excused
	Lundberg	No
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-006
TIME:	03:43:25 PM
MOVED:	Foster
MOTION:	Conceptual amendment to require that upon release from jail, at a minimum, inmates are provided with a temporary identification card. The motion failed on a vote of 1-5-1.
SECONDED:
		VOTE
	Cadman	No
	Hodge	No
	Kester	Excused
	Lundberg	No
	Newell	No
	Foster	Yes
	Schwartz	No

Not Final YES: 1 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL

Prior to the vote, Senator Boyd said that the proposed conceptual amendment will drive additional costs for the Department of Revenue. Senator Cadman expressed concerns with the proposed amendment.


BILL:	SB09-006
TIME:	03:42:07 PM
MOVED:	Schwartz
MOTION:	Conceptual amendment to allow the mobile identification units to be funded by public or private gifts, grants, and donations. The motion passed without objection by those members present.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester	Excused
	Lundberg
	Newell
	Foster
	Schwartz

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-006
TIME:	03:36:46 PM
MOVED:	Hodge
MOTION:	Adopt Amendment L.001 (Attachment A). The motion passed without objection by those members present.
SECONDED:
		VOTE
	Cadman
	Hodge
	Kester	Excused
	Lundberg
	Newell
	Foster
	Schwartz

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

Prior to the vote, Senator Boyd briefly explained L.001. Senator Newell expressed her support of L.001. Discussion ensued about the projected fiscal impact of the bill.

03:47 PM -- Senate Bill 09-019

Senator Betty Boyd, prime sponsor, presented Senate Bill 09-019, which establishes a pilot program to encourage local governments to change their zoning regulations to allow housing facilities for individuals who are mentally ill and who are involved with the criminal justice system. The following people testified about the bill:

03:49 PM -- Ms. Harriet Hall, representing the Mentally Ill in the Criminal Justice System task force, spoke in support of the bill. Ms. Hall explained the need for and possible cost-savings that can be realized by changing the current zoning regulations to accommodate residential housing facilities for adults with mental illness who are or have been involved in the criminal justice system. Ms. Hall said the bill will incentivize the change in zoning regulations for local governments.

04:05 PM -- Mr. Richard Doucet, representing the MACC task force, spoke in support of the bill and said access to housing is one of the largest barriers to success for the seriously mentally ill who are or have been involved in the criminal justice system.

04:08 PM -- Mr. Mike Kucero, representing the Aurora Mental Health Center, spoke in support of the bill and spoke about recidivism rates.

04:11 PM -- Ms. Gina Shimeall, representing the Mentally Ill in the Criminal Justice System task force, spoke in support of the bill and explained the need for housing. Ms. Shimeall addressed a question about what is being done in other states to meet the housing needs of the mentally ill in the criminal justice system.

04:20 PM -- Mr. Steven Kopanos, representing Mental Health America of Colorado, spoke in support of the bill. He explained that his organization supports the bill because it believes that the seriously mentally ill population is best served in its home community.

04:22 PM -- Commissioner Bob Gaiser, representing the City and County of Broomfield, spoke in support of the bill. Commissioner Gaiser addressed a question about why state legislation is needed when zoning regulations are a local control issue.

04:28 PM -- Mr. Terry Rogers, representing Lost and Found, spoke in support of the bill. Mr. Rogers explained his organization's experiences with trying to relocate to a new facility. Discussion ensued about incentives for changing zoning regulations.

04:41 PM -- Ms. Karen Yarberry, representing Jefferson Hills, spoke in support of the bill and explained her experiences with zoning changes.

04:45 PM -- Mr. Howard Shiffman, representing Griffith Centers for Children, spoke in support the bill. Mr. Shiffman expressed his concern with the current system and said it is difficult to establish and maintain group homes in communities due to strict zoning regulations.

04:52 PM

Senator Boyd made some concluding remarks about the bill. She asked that the bill be postponed indefinitely because of its fiscal impact and the current economic climate. Discussion ensued. Discussion turned to the possibility of laying the bill over for future consideration.


BILL:	SB09-019
TIME:	05:03:55 PM
MOVED:	Hodge
MOTION:	Postpone Senate Bill 09-019 indefinitely. The motion passed on a vote of 6-0-1.
SECONDED:
		VOTE
	Cadman	Yes
	Hodge	Yes
	Kester	Excused
	Lundberg	Yes
	Newell	Yes
	Foster	Yes
	Schwartz	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:04 PM -- Senate Bill 09-031

Senator Rollie Heath, prime sponsor, presented Senate Bill 09-031, which creates the Clean Technology Discovery Evaluation Grant Program. The program provides grant assistance to aid in the commercialization of renewable energy technologies, or technologies and products that aid in energy efficiency, conservation, or environmental mitigation. Senator Heath distributed amendments L.001 and L.005 (Attachments B and C, respectively). Senator Heath spoke to L.001 which strikes everything below the bill's enacting clause. Senator Heath addressed a question about the source of funds for the new grant program. Discussion ensued about the proposed source of grant funds, the Petroleum Storage Tank Fund.

05:18 PM

Senator Health continued to address questions about the proposed amendments and the source of grant funds. The following people testified on the bill:

05:24 PM -- Mr. David Allen, representing the University of Colorado, spoke in support of the bill. Mr. Allen spoke about the process of using new technologies developed at area universities to create new companies.

05:28 PM -- Mr. Douglas Henston, representing Solix Biofuels, spoke in support of the bill. Mr. Henston talked about the need for outside funding to support newly-founded companies that sell new technologies.

05:32 PM -- Mr. Dag Nummedal, representing the Colorado School of Mines, spoke in support of the bill. Committee members received a description of the Colorado Renewable Energy Collaboratory and a summary of the activities of the collaboratory (Attachment D). Mr. Nummedal highlighted the contents of Attachment D.

05:45 PM -- Ms. Denise Brown, representing the Colorado Clean Tech Industry Association, spoke in support of the bill. Ms. Brown spoke about the importance of outside funding such as grants for the creation and propagation of new energy industry-related technologies. Ms. Brown spoke about the fiscal impact of the bill. Discussion ensued.

06:00 PM

The chair decided to lay the bill over until a revised fiscal note is available. The chair also decided to lay over SB 09-142 for future consideration.

06:03 PM

The committee adjourned.