Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:02/05/2009
ATTENDANCE
Time:01:37 PM to 03:33 PM
Baumgardner
X
Benefield
X
Place:HCR 0112
Massey
E
Middleton
X
This Meeting was called to order by
Murray
X
Representative Merrifield
Peniston
X
Priola
X
This Report was prepared by
Scanlan
X
Katey McGettrick
Schafer S.
X
Summers
X
Todd
X
Solano
X
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1125
HB09-1057
HB09-1009		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Postponed Indefinitely


01:37 PM -- House Bill 09-1125

Representative Merrifield, the sponsor, reviewed the provisions of House Bill 09-1125, concerning limiting incentives to participate in public educational programs.

01:40 PM

Representative Solano asked if the bill excludes child care provided by a high school. He explained that it does.

01:41 PM

The following people testified on the bill:

01:42 PM -- Denise Madrigal, representing Emily Griffith High School, asked if providing bus passes to students as incentives would be prohibited under the bill. Representative Merrifield explained that bus passes are still allowed.

01:43 PM -- Karen Wick, representing the Colorado Education Association, testified in support of the bill because she stated that good schools do not need to provide financial incentives, and money should go to school programs instead.


01:45 PM -- Rhett Parham, representing Colorado Coalition of Alternative Education Campuses, testified in support of the bill, with the inclusion of amendment L.007.

01:47 PM

Representative Schafer asked if schools are currently providing financial incentives to students. Representative Merrifield said there are schools, but did not want to name particular schools.

01:47 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill, with the inclusion of amendment L.007.

01:48 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE) and Sean Bradley, representing Colorado League of Charter Schools, testified on the bill. Mr. Caughey explained that CASE will take an official position on the bill tomorrow, but support the bill in concept because providing financial incentives to students is an inappropriate use of public funds. Mr. Bradley testified in support of the bill and thanked Representative Merrifield for working with League on the bill.
BILL:HB09-1125
TIME: 01:52:18 PM
MOVED:Merrifield
MOTION:Moved amendment L.007 (Attachment A), as amended (see vote sheet below). The motion passed without objection.L.007.
SECONDED:Benefield
VOTE
Baumgardner
Benefield
Massey
Excused
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


090205AttachA.pdf
BILL:HB09-1125
TIME: 01:52:34 PM
MOVED:Merrifield
MOTION:Moved to amend L.007 on page 1, line 19, after "year", insert "or upon matriculation". The motion passed without objection.
SECONDED:Benefield
VOTE
Baumgardner
Benefield
Massey
Excused
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:55 PM

Representative Solano commented that committee members should read the book Punished with Rewards.Representative Schafer asked if athletes are rewarded to be recruited to public schools. Representative Merrifield explained that is currently prohibited.
BILL:HB09-1125
TIME: 01:56:06 PM
MOVED:Merrifield
MOTION:Moved to refer House Bill 09-1125, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:Summers
VOTE
Baumgardner
Yes
Benefield
Yes
Massey
Excused
Middleton
Yes
Murray
Yes
Peniston
Yes
Priola
Yes
Scanlan
Yes
Schafer S.
Yes
Summers
Yes
Todd
Yes
Solano
Yes
Merrifield
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:02 PM -- House Bill 09-1057

Representative Kerr, sponsor of House Bill 09-1057, discussed the amendment handed out to committee members. The committe has previously heard testimony and some amendments on the bill (see January 22 and 29 summaries for more information).

02:07 PM

Representative Kerr reviewed the changes the amendment makes to the bill.

02:17 PM

He continued his remarks on the amendment, and noted that the amendment has allowed some business groups no longer oppose the bill.

02:24 PM

Representative Solano asked how the employee size changed from 10 to 50. Representative A. Kerr explained that it aligns with the federal Family Medical Leave Act (FMLA).
BILL:HB09-1057
TIME: 02:27:26 PM
MOVED:Merrifield
MOTION:Moved amendment L.013 (Attachment B). The motion passed without objection.
SECONDED:Benefield
VOTE
Baumgardner
Benefield
Massey
Excused
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090205AttachB.pdf

BILL:HB09-1057
TIME: 02:28:45 PM
MOVED:Murray
MOTION:Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:Merrifield
VOTE
Baumgardner
Benefield
Massey
Excused
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090205AttachC.pdf

02:30 PM

Representative Kerr concluded remarks on the bill. Representative Peniston expressed her support for the bill. Representative Murray explained that she would not be able to support the bill because of the burden it places on businesses, employees, schools and governments. Representative Murray stated that this bill presents challenges from a bookkeeping standpoint. Representative Massey stated that parental engagement is important, but that he will not be able to vote for the bill.

02:39 PM

Representative Priola stated that he would not be able to support the bill. Representative Scanlan expressed her support for the bill. Representative Baumgardner stated that he will not be able to support the bill. Representative Schafer lauded the attempt of the bill to get parents involved, but expressed concern about the bill.
BILL:HB09-1057
TIME: 02:46:56 PM
MOVED:Summers
MOTION:Moved to refer House Bill 09-1057, as amended, to the Committee on Business Affairs and Labor. Representative Merrifield offered a substitute motion. See vote sheet below.
SECONDED:Priola
VOTE
Baumgardner
Benefield
Massey
Excused
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:HB09-1057
TIME: 02:47:22 PM
MOVED:Merrifield
MOTION:Moved to refer House Bill 09-1057, as amended, to the Committee of the Whole. The motion passed on a 7-6 vote.
SECONDED:Benefield
VOTE
Baumgardner
No
Benefield
Yes
Massey
No
Middleton
Yes
Murray
No
Peniston
Yes
Priola
No
Scanlan
Yes
Schafer S.
No
Summers
No
Todd
Yes
Solano
Yes
Merrifield
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:48 PM -- House Bill 09-1009

Representative Merrifield explained that the committee heard testimony previously on House Bill 09-1009 (see January 22 committee summary for more information), but that there would be an opportunity for people to testify again today.

02:50 PM

Following person testified:


02:50 PM -- David Skaggs, representing the Department of Higher Education, testified against the bill, and mentioned that department had sent out materials detailing the current safety drill protocols at Colorado's higher education institutions. Mr. Skaggs noted that most of the public higher education institutions are against the bill, and that those who are not against the bill, are neutral on it.

02:53 PM

Representative Massey asked if Mr. Skaggs had received amendments to be offered in committee. Mr. Skaggs replied that he did not. Representative Todd thanked Mr. Skaggs for the information. Representative Benefield asked if Mr. Skaggs had seen the fiscal note.

02:56 PM

Representative Massey asked if safety information is distributed during orientation. Mr. Skaggs stated that he believe schools do this, and could provide the committee more concrete information on that.
BILL:HB09-1009
TIME: 03:03:00 PM
MOVED:Baumgardner
MOTION:Moved amendment L.004 (Attachment D). The motion passed on a 8-5-0 vote.
SECONDED:Middleton
VOTE
Baumgardner
Yes
Benefield
No
Massey
Yes
Middleton
Yes
Murray
Yes
Peniston
Yes
Priola
Yes
Scanlan
No
Schafer S.
No
Summers
Yes
Todd
No
Solano
Yes
Merrifield
No
Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

090205AttachD.pdf


03:15 PM

Representative King concluded his remarks on the bill and asked for the committee's support.

03:22 PM

Representative Summers expressed concern about the bill and his reluctance to vote for the bill. Representative Middleton expressed that she would not be able to support the bill. Representative Todd stated that she appreciated the intent of the bill, but that she was not sure that the bill corrects the issues Representative King seeks to address.

03:27 PM

Representative Peniston stated that she would be voting yes on the bill. Representative Baumgardner expressed his support. Representative Merrifield expressed concerns about the bill.
BILL:HB09-1009
TIME: 03:30:34 PM
MOVED:Massey
MOTION:Moved to refer House Bill 09-1009, as amended, to the Committee on Appropriations. The motion failed on a 4-9 vote.
SECONDED:Murray
VOTE
Baumgardner
Yes
Benefield
No
Massey
Yes
Middleton
No
Murray
Yes
Peniston
Yes
Priola
No
Scanlan
No
Schafer S.
No
Summers
No
Todd
No
Solano
No
Merrifield
No
Not Final YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1009
TIME: 03:31:50 PM
MOVED:Benefield
MOTION:Moved to postpone House Bill 09-1009 indefinitely. The motion passed on a 10-3 vote.
SECONDED:Merrifield
VOTE
Baumgardner
No
Benefield
Yes
Massey
No
Middleton
Yes
Murray
No
Peniston
Yes
Priola
Yes
Scanlan
Yes
Schafer S.
Yes
Summers
Yes
Todd
Yes
Solano
Yes
Merrifield
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:33 PM

The committee adjourned.