House Committee on Education (02/12/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/12/2009	ATTENDANCE

Time:	01:46 PM to 04:20 PM	Baumgardner	X
		Benefield	X
Place:	HCR 0112	Massey	E*
		Middleton	X
This Meeting was called to order by		Murray	X
	Representative Merrifield	Peniston	E*
		Priola	X
This Report was prepared by		Scanlan	X
	Katey McGettrick	Schafer S.	E*
		Summers	X
		Todd	X
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1240 HB09-1195 HB09-1272		Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to the Committee of the Whole

01:47 PM -- House Bill 09-1240

Representative Miklosi, the sponsor of House Bill 09-1240, concerning the Colorado Teacher of the Year Program, presented his bill and shared a handout with committee members (Attachment A).

01:50 PM

The following people testified on the bill:

01:50 PM -- Susan Elliott, the current Colorado Teacher of the Year, testified in support of the bill, and shared her experience as a teacher and meeting other teachers of the year from other states.

01:55 PM -- Kelly Leid, representing the Colorado Legacy Foundation, testified in support of the bill.

01:58 PM -- Jami Goetz, representing the Colorado Department of Education, testified in support of the bill, and explained how critical the bill is to supporting the department's teacher of the year program. She also noted Ms. Elliott is a finalist for the national teacher of the year award.

01:59 PM -- Dan Daly, representing the Colorado Education Association (CEA), testified in support of the bill.

02:01 PM

Representative Schafer asked Mr. Daly about other teacher of the year awards. Mr. Daly replied that there are other awards given by different organizations, and that this bill is to elevate the department's program.

02:03 PM -- Julie George, representing the Colorado Association of School Boards (CASB), testified in support of the bill.

02:05 PM

Representative Summers asked if Representative Miklosi plans on seeking General Fund monies in the future. He replied that he would not rule that out in future years, if the program proves to operate well. Representative Todd congratulated Ms. Elliott for her award. Representative Murray also congratulated Ms. Elliott.


BILL:	HB09-1240
TIME:	02:10:06 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 09-1240 to the Committee of the Whole. The motion passed on a 13-0 vote.
SECONDED:	Middleton
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

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

02:10 PM -- House Bill 09-1195

Representative Lambert, sponsor of House Bill 09-1195, concerning a private tuition income tax credit, presented his bill to the committee members and shared a packet of handouts with the committee (Attachment B).

02:13 PM

The following people testified on the bill:

02:14 PM -- Dan Daly, representing CEA, testified against the bill, and cited constitutional language prohibiting such assistance to private schools. He stated that the bill is bad policy constitutionally, financially, and politically.

02:18 PM -- John Knapp, representing CASB, testified against the bill because he believes public funds should be used for public purposes.

02:24 PM

Representative Lambert responded to Mr. Knapp's comments about nondiscrimination in education. He also addressed the fiscal impact of the bill on local school districts, and shared examples from other states that have implemented such programs.

02:27 PM

Representative Schafer asked what would be the accountability requirements for private schools in the bill. Representative Lambert stated that the bill does not address that issue. He further noted that the fiscal note analyst calculated that .9 percent of students would take advantage of the programs.

02:30 PM

Representative Benefield asked if Representative Lambert has considered the impact to the local school districts. Representative Benefield explained that students who leave the public system affect the School Finance October 1 pupil count, because for each student that leaves, it reduces local funding. Representative Massey also discussed the impact the bill could have on the Public School Finance Act.


BILL:	HB09-1195
TIME:	02:34:54 PM
MOVED:	Murray
MOTION:	Moved amendment L.001 (Attachment C). The motion failed on a 5-7-1 vote.
SECONDED:	Summers
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	No
	Middleton	No
	Murray	Yes
	Peniston	No
	Priola	Excused
	Scanlan	No
	Schafer S.	No
	Summers	Yes
	Todd	No
	Solano	Yes
	Merrifield	No

Not Final YES: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1195
TIME:	02:36:44 PM
MOVED:	Summers
MOTION:	Moved amendment L.002 (Attachment D). The motion passed on a 9-3-1 vote.
SECONDED:	Baumgardner
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	No
	Priola	Excused
	Scanlan	Yes
	Schafer S.	No
	Summers	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	No

Not Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:38 PM

Representative Lambert concluded his remarks and asked for the committee's support of the bill.


BILL:	HB09-1195
TIME:	02:38:42 PM
MOVED:	Middleton
MOTION:	Moved to postpone House Bill 09-1195 indefinitely. The motion passed on a 9-4 vote.
SECONDED:	Schafer S.
		VOTE
	Baumgardner	No
	Benefield	Yes
	Massey	Yes
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Priola	No
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:51 PM -- House Bill 09-1272

Due to the larger number of witnesses for House Bill 09-1272, the committee recessed to relocate to the Old Supreme Court Chambers (please note the change in location to access the audio proceedings of the committee hearing).

03:00 PM --

Representatives Massey and Pommer, sponsors of House Bill 09-1272, concerning the implementation of Amendment 50, presented the bill to the committee. Representative Massey explained the work that went into crafting a compromise for this bill. Representative Pommer addressed some of the amendments to the bill, specifically amendments L.006 and L.008, which formed some of the compromise for the bill.

03:08 PM

Representative Merrifield asked witnesses to take the compromise into account in determining whether it is still necessary to testify, and to keep remarks succinct

03:09 PM

The following people testified on the bill:

03:09 PM -- Ed Nichols, representing the Colorado Historical Society, testified on the bill and presented his concerns about the bill.

03:13 PM -- Nancy McCallin, representing the Community College System, testified in support of the bill. She noted that Amendment 50 passed by wide margins. She also introduced the presidents of the community colleges present in the room.

03:20 PM -- Todd Bergen, representing the Community College of Aurora, testified in support of the bill and shared his experience as a faculty member at a community college. He also shared stories about students who have found success in the community college system.

03:25 PM -- Shawn Olsen, representing Pike Peak Community College, testified in support of the bill.

03:27 PM -- Tumara Marie Steinbach, representing Pueblo Community College, testified in support of the bill.

03:28 PM -- Ernie Navarette, representing Red Rocks Community College, testified in support of the bill.

03:29 PM -- Izaal Hill, representing Community College of Denver, testified in support of the bill.

03:33 PM -- Jeanne Robb, of the Denver City Council, testified on the bill, and emphasized the importance of historic preservation.

03:37 PM -- Dan Love, representing Colorado Preservation, Inc., testified on the bill, and stated that the compromise in concept is a good short term solution, but if continued, would be in conflict with the intent of Amendment 50. He asked former Senator Sally Hopper to speak on the issue.

03:44 PM -- Sally Hopper, former state senator and representing herself, testified on the bill as an advocate of historic preservation, and the role it plays in economic development. She also discussed the importance in understanding the intent of Amendment 50, and ensuring that the historic preservation funding is held harmless.

03:51 PM -- Ann Levinsky, representing the Molly Brown House, testified on the bill and explained the importance of heritage tourism and the programs supported by the state heritage fund.

03:53 PM -- David Moyer, representing himself, testified on the importance of historic preservation and his participation in such programs.

03:58 PM -- Linda Balough, representing Park County, testified on the bill and shared the importance of tourism in Park County.

04:01 PM -- Jim Lindberg, representing the National Trust, testified on the bill, and the importance of historic preservation.

04:05 PM

Committee discussion ensued about historic preservation funding and the effect it has on gaming towns.

04:06 PM -- Linda Bowman, representing Community College of Aurora, testified in support of the bill.

04:08 PM -- Marsi Liddell, representing Aims Community College, testified in support of the bill.

04:09 PM -- John Karakoulakis, representing the Department of Higher Education, testified in support of the bill, with the proposed amendments.

04:12 PM

Representative Massey explained that in addition to the amendments before the committee today, there will be amendments on second reading.


BILL:	HB09-1272
TIME:	04:12:56 PM
MOVED:	Massey
MOTION:	Moved amendment L.002 (Attachment E). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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


BILL:	HB09-1272
TIME:	04:13:33 PM
MOVED:	Massey
MOTION:	Moved amendment L.003 (Attachment F). The motion passed without objection.
SECONDED:	Baumgardner
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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


BILL:	HB09-1272
TIME:	04:13:51 PM
MOVED:	Massey
MOTION:	Moved amendment L.004 (Attachment G). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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


BILL:	HB09-1272
TIME:	04:14:27 PM
MOVED:	Massey
MOTION:	Moved amendment L.005 (Attachment H). The motion passed without objection.
SECONDED:	Middleton
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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


BILL:	HB09-1272
TIME:	04:14:46 PM
MOVED:	Massey
MOTION:	Moved amendment L.007 (Attachment I). The motion passed without objection.
SECONDED:	Priola
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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


BILL:	HB09-1272
TIME:	04:15:22 PM
MOVED:	Massey
MOTION:	Moved amendment L.006 (Attachment J). The motion passed without objection.
SECONDED:	Middleton
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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


BILL:	HB09-1272
TIME:	04:15:56 PM
MOVED:	Massey
MOTION:	Moved amendment L.008 (Attachment K). The motion passed without objection.
SECONDED:	Priola
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

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

04:17 PM

Representative Massey concluded his remarks on the bill, and asked the committee's support of the bill. He stressed that the bill is not community colleges versus historic preservation.


BILL:	HB09-1272
TIME:	04:19:23 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1272, as amended, to the Committee of the Whole. The motion passed on a 13-0 vote.
SECONDED:	Murray
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

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

04:20 PM

The committee adjourned.