Bill Summary for Bill Number SB09-022

Date: 03/19/2009

Final
BILL SUMMARY for SB09-022

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Made a substitute motion to refer Senate Bill 09-0 Moved prepared amendment L.006 (Attachment B). Th Moved prepared amendment L.007 (Attachment C). Th Moved prepared amendment L.012 (Attachment A). Th Moved to refer Senate Bill 09-022, as amended, to	PASS Pass Without Objection PASS Pass Without Objection TIE

11:00 AM

The committee recessed briefly.

11:01 AM -- Senate Bill 09-022

The committee returned to order. Representative Solano, prime sponsor, presented Senate Bill 09-022, concerning the State Board of Land Commissioners. Representative Solano provided background on the use of state school land moneys for the activities of the State Board of Land Commissioners, and explained the need for the bill. Representative Solano responded to questions regarding efforts to address capital construction needs in rural school districts using state school land moneys. Representative Solano explained the effect of some forthcoming amendments to the bill. Representative Solano then explained in detail the effect of each of the bill's provisions.

11:11 AM

The following persons testified regarding Senate Bill 09-022:

11:11 AM -- Mr. John Brejcha and Mr. Tobin Follenwieder, representing the State Land Board within the Department of Natural Resources, testified in favor of the bill. Mr. Brejcha explained the mission and duties of the State Land Board, and discussed the income generated by state lands, both past and projected. Mr. Brejcha then explained a provision in the bill that exempts the State Land Board from advertising requirements when it sells state lands to a governmental entity. Mr. Brejcha responded to questions regarding protections in place that guard against the use of Public School Fund moneys for other governmental purposes. Mr. Brejcha also explained a provision in the bill that provides flexibility in land transactions between the state and local governments. Mr. Follenwieder provided input regarding the purpose of this provision, and the process involved in crafting the provision. A forthcoming amendment would remove this provision, amendment L.012 (Attachment A). Discussion ensued regarding the need to go forward with the remainder of the bill in the absence of the provision.

11:22 AM

Discussion ensued regarding the continuation of the State Board of Land Commissioners Investment and Development Fund. Discussion ensued regarding the effect of a forthcoming amendment, prepared amendment L.006 (Attachment B), and its impact on the ability of the state to collect severance taxes based on natural resources extracted from public lands. Mr. Follenweider provided clarification regarding "other payments" referenced in amendment L.006. Mr. Brejcha explained the effect of an additional forthcoming amendment, prepared amendment L.007 (Attachment C).

11:32 AM

Discussion ensued regarding the need for amendment L.007.

11:34 AM -- Ms. Karen Wick, representing the Colorado Education Association, testified in favor of Senate Bill 09-022. Ms. Wick provided input on the need for prepared amendment L.007. Discussion ensued regarding the insertion of the provision in the bill by the Senate that amendment L.007 would remove, and the proper course of action for the legislature pertaining to the provision. Discussion followed regarding the effect of striking Section 4 from the bill by amendment L.007.

11:43 AM -- Mr. Chris Lines, representing the Department of Regulatory Agencies, testified with regard to the provision in the bill that continues the State Board of Land Commissioners Investment and Development Fund. Discussion ensued regarding the process of reviewing state functions and programs through the sunset review process. Ms. Christy Chase, representing the Office of Legislative Legal Services, provided clarification regarding the difference between a provision in law that sunsets a government function, and a provision that automatically repeals a statute. Ms. Chase responded to questions regarding the history of the Investment and Development Fund. Mr. Brejcha and Mr. Follenweider provided input on the history of the fund, and the reason for its establishment. Discussion followed regarding the effect of removing the repealer for the fund on reporting requirements that must be observed by the State Land Board.

11:53 AM

Discussion continued regarding the continuation of the State Board of Land Commissioners Investment and Development Fund.

11:55 AM -- Mr. Sean Bradley and Mr. Jim Griffin, representing the Colorado League of Charter Schools, testified regarding Senate Bill 09-022. Mr. Griffin explained the changes to law made by the bill, and provided clarification regarding the effect of section 4 of the bill, which would be stricken by amendment L.007. Discussion ensued regarding the ability of charter schools to purchase land as well as lease it under the bill, and the function of school districts in purchasing and leasing lands. Discussion followed regarding the need for equitable treatment of charter schools and other public schools in the acquisition of land by law, and the impact of section 4, as inserted by the Senate, on the intent of Senate Bill 09-022. Mr. Griffin explained the powers of charter schools to lease and purchase lands for their use. Mr. Griffin responded to questions regarding the status of land sold by the State Land Board to a charter school if the charter school ceases to exist.

12:05 PM

Discussion continued regarding the ability of charter schools to lease and purchase property from the State Land Board under the bill, and the ability of other public schools to do so. Discussion returned to the need for the authorization for charter schools to engage in property transactions with the State Land Board to appear in the bill.

12:16 PM

Discussion continued regarding the ability of charter schools to engage in property transactions with the State Land Board under the bill. Mr. Brejcha provided clarification regarding the ability of the State Land Board to engage in these transactions under current law. Mr. Brejcha responded to questions regarding the constitutional ramifications of section 4 in Senate Bill 09-022, and the difference between the board transacting business with charter schools and other public schools. Discussion ensued regarding the potential for addressing the issue in other legislation. Discussion returned to the power of the State Land Board to transact business with charter schools, as well as other public schools.

12:26 PM

Discussion continued regarding prepared amendment L.007. Mr. Brejcha responded to questions regarding the types of property transactions in which the State Land Board may participate, as they pertain to schools. Discussion ensued regarding the potential for referring the bill to the Committee on Education. Discussion followed regarding the ownership of school buildings in general. Mr. Brejcha responded to further questions regarding potential solutions for allowing sales of state trust lands to charter schools.

12:34 PM


BILL:	SB09-022
TIME:	12:34:09 PM
MOVED:	Massey
MOTION:	Moved prepared amendment L.006 (Attachment B). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda	Excused
	Todd

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


BILL:	SB09-022
TIME:	12:34:26 PM
MOVED:	Hullinghorst
MOTION:	Moved prepared amendment L.012 (Attachment A). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda	Excused
	Todd

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


BILL:	SB09-022
TIME:	12:34:45 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.007 (Attachment C). The motion passed on a 6-4-1 roll call vote..
SECONDED:	Murray
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Excused
	Todd	Yes

Not Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:35 PM

Representative Solano provided closing remarks in favor of Senate Bill 09-022.


BILL:	SB09-022
TIME:	12:35:57 PM
MOVED:	Massey
MOTION:	Moved to refer Senate Bill 09-022, as amended, to the Committee on Education. A substitute motion to refer the bill to the Committee on Appropriations passed.
SECONDED:	Lambert
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda	Excused
	Todd

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-022
TIME:	12:36:06 PM
MOVED:	Hullinghorst
MOTION:	Made a substitute motion to refer Senate Bill 09-022, as amended, to the Committee on Appropriations with favorable recommendation. The motion passed on a 6-4-1 roll call vote.
SECONDED:	McCann
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Excused
	Todd	Yes

Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS