Date: 02/09/2009

Final
BILL SUMMARY for HB09-1177

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved to postpone House Bill 09-1177 indefinitely.
Moved to refer House Bill 09-1177 to the Committee		PASS
FAIL



01:53 PM -- House Bill 09-1177

Representative Fischer, sponsor of House Bill 09-1177, concerning voting rights for student members of the Colorado State University (CSU) Board of Governors, presented the bill to the committee. He explained that the bill grants voting rights to the two nonvoting students members from CSU-Fort Collins and CSU- Pueblo. He explained that the students would nominate three candidates for consideration by the Governor to the appointment.


01:57 PM

Representative Merrifield asked if only the faculty members would be the only ex oficio members on the board. Representative Fischer stated that is correct.


01:58 PM

The following people testified on the bill:


01:58 PM -- David Skaggs, representing the Department of Higher Education, testified against the bill. He provided four reasons for the committee to vote against the bill. First, he noted that the committee did not vote affirmatively to give faculty members a voting member on the board. Second, he noted that the bill provides the students of one university more power than other univerisities. Third, he stated that the governor should have its own ability to point who he chooses; and fourth, boards of trustees are fiduciaries charged with looking out for the broad interests of the university, and should not be delegated to specific constituencies within the university community.


02:02 PM -- Taylor Smoot, representing Colorado State University students, testified in support of the bill. Mr. Taylor noted the differences he sees between allowing a voting student member and a voting faculty member. He also explained that there are other states that have implemented similar legislation. Mr. Smoot noted that if the bill passes, the student would now be able to sit on the committees of the board of governors. He shared occassions where students were left of the decision making process for issues affecting students.


02:09 PM

Representative Merrifield asked Mr. Smoot to address conflict of interest issues, such as raising tuition and fees. Representative Fischer noted that he discussed the issue with the Office of Legislative Legal Services, and that the students would be advised as to when there was a conflict of interest.


02:13 PM

Representative Summers asked Mr. Smoot to discuss further how voting students has worked in other states. Mr. Smoot explained that he discussed this with students in Illinois and they have noted that the board has seen their inclusion as an asset. Mr. Smoot stated that students cannot participate on the committees right now. Representative Murray asked if students were in an advisory role prior to receiving voting rights. Mr. Smoot explained that prior to having voting rights, they served in an advisory capacity. Representative Massey asked if the attorney that represents the board attend the meetings. Mr. Smoot explained that the general counsel is in attendance at all meetings.


02:16 PM -- Seth Walter, also representing Colorado State University students, testified in support of the bill and shared a letter of support from former Senator Johnson (Attachment B). He explained that schools that have decided to include voting student members have not reversed the decision. He noted the valuable experience the participation can provide to the students.

090209AttachB.pdf


02:20 PM

Representative Peniston asked what this would mean to the students if the bill does not pass. He stated that the students would be disheartened if the bill failed to pass committee. He further noted that students want to be a part of the process and work with the rest of the board, and not serve only as a voice of opposition. Representative Benefield asked if other student bodies in Colorado have tried to address this issue. Mr. Walter explained that he has not looked at other state schools, but that it depends on the student government relationship with the administration.


02:24 PM

Representative Summers asked how it would feel to have a faculty member as the only nonvoting member, and how it would affect the dynamic of the board. Mr. Walter replied that it is the responsibility of the committee to review the bill on the merits. Representative Schafer expressed concern if the board of governors are in support of the bill. Mr. Walter replied that the reaction from the board has been mixed.


02:27 PM

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


02:29 PM

Representative Todd asked if voting student members on other boards have become active alumni in their respective universities. Representative Fischer stated that was an excellent question, but did not know the answer. Representative Middleton expressed her appreciation for the reference to students as stakeholders. She also noted that previous comparisons to governing boards to school boards was inaccurate. Representative Middleton noted that having a vote makes a difference in the weight of the voice, and that students are paying tuition and could be a strong voice for advocating why increases are being implemented. She further noted that state funding is a small piece of funding compared to private and federal funding. She urged the committee's support of the bill.


02:34 PM

Representative Peniston expressed her support of the bill, but said that is unfortunate that the faculty have been denied the vote. Representative Todd complimented the CSU students for representing their issues. Representative Merrifield shared his experience working with students on advisory boards and school boards, stated his support for the bill.


BILL:HB09-1177
TIME: 02:37:52 PM
MOVED:Merrifield
MOTION:Moved to refer House Bill 09-1177 to the Committee of the Whole. The motion failed on a 6-7 vote.
SECONDED:Todd
VOTE
Baumgardner
No
Benefield
No
Massey
No
Middleton
Yes
Murray
No
Peniston
Yes
Priola
No
Scanlan
Yes
Schafer S.
No
Summers
No
Todd
Yes
Solano
Yes
Merrifield
Yes
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1177
TIME: 02:38:52 PM
MOVED:Benefield
MOTION:Moved to postpone House Bill 09-1177 indefinitely. The motion passed on a 7-6 vote.
SECONDED:Schafer S.
VOTE
Baumgardner
Yes
Benefield
Yes
Massey
Yes
Middleton
No
Murray
Yes
Peniston
No
Priola
Yes
Scanlan
No
Schafer S.
Yes
Summers
Yes
Todd
No
Solano
No
Merrifield
No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:39 PM

The committee adjourned.