House Committee on State, Veterans, & Military Affairs (02/03/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/03/2009	ATTENDANCE

Time:	01:35 PM to 05:38 PM	Casso	X
		Court	*
Place:	HCR 0112	Hullinghorst	X
		Lambert	X
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	X
		Miklosi	X
This Report was prepared by		Murray	X
	Bo Pogue	Nikkel	*
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1011 HB09-1008 HB09-1112 HB09-1118 HB09-1165 HB09-1071		Postponed Indefinitely Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Finance

01:35 PM -- House Bill 09-1011

The committee was called to order. A quorum was present. Representative B. Gardner, prime sponsor, presented House Bill 09-1011, concerning the authority of the state to enter into lease-purchase agreements for offices of the Department of Corrections in El Paso County. Representative B. Gardner requested that the bill be postponed indefinitely, and explained his reasons for doing so. Discussion ensued regarding the potential merits of the legislation.


BILL:	HB09-1011
TIME:	01:38:12 PM
MOVED:	Massey
MOTION:	Moved to Postpone Indefinitely House Bill 09-1011. The motion passed on a 10-0-1 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Excused
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:39 PM -- House Bill 09-1008

Representative Miklosi, prime sponsor, presented House Bill 09-1008, concerning the expansion of the ability to transfer annual leave between employees in the state personnel system. Committee members received a background handout on the bill, prepared by Representative Miklosi (Attachment A), and an article from the Silver and Gold Reporter regarding the bill (Attachment B). Representative Miklosi discussed the reason for his sponsorship of the bill, and the potential benefits of the bill.

01:42 PM

The following persons testified regarding House Bill 09-1008:

01:42 PM -- Mr. David Kaye and Ms. Joi Simpson, representing the Department of Personnel and Administration, testified in favor of the bill. Ms. Simpson provided background on the leave-sharing program for state employees, and explained how the bill will affect the program. Ms. Simpson also explained how state employees become eligible for leave sharing, and discussed how the idea to expand leave sharing came about. Ms. Simpson then discussed the potential fiscal impact of the bill, and the impact the bill may have on the use of the leave-sharing program. Ms. Simpson provided examples of instances when state employees have relied upon leave sharing.

01:52 PM

Ms. Simpson discussed how leave benefits are treated by the state system, and detailed the extent of current use of leave sharing by state employees. Ms. Simpson responded to questions regarding the time frame within which leave can be shared under the bill, and the potential for expanding the leave-sharing program to cover more circumstances. Ms. Simpson responded to further questions regarding the number of hours of annual leave that can be banked under current law. Discussion ensued regarding the merits of placing hard limits on time sharing, and the benefits of the leave-sharing program. Discussion followed regarding the amount of time that can be transferred under the leave-sharing program.

02:00 PM -- Ms. Sue Sethney and Ms. Mary Ulibarri, representing classified state employees, testified in favor of House Bill 09-1008. Ms. Sethney discussed her experiences with the leave-sharing program, and how the leave-sharing program has been used and has benefitted the employees of the University of Colorado. Ms. Ulibarri recounted an instance when an injured state employee used the leave-sharing program.

02:08 PM

No amendments to the bill were offered. Representative Miklosi responded to questions regarding the state agencies and institutions that will benefit from the expansion of the leave-sharing program.


BILL:	HB09-1008
TIME:	02:10:12 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 09-1008 to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Massey
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:10 PM -- House Bill 09-1112

Representative J. Kerr, prime sponsor, presented House Bill 09-1112, concerning the information provided to the staff of the Legislative Council in connection with the preparation of fiscal notes for legislative measures. Representative J. Kerr discussed the need for the bill, and explained how the bill will improve the legislative process. Representative J. Kerr responded to questions regarding the need for legislation to make the changes in the bill, as opposed to amending the legislature's rules. Representative J. Kerr summarized the findings of the Legislative Audit Committee during a recent audit of the fiscal note process. Discussion returned to the need for the provisions of House Bill 09-1112 to appear in statute, and how the bill's provisions will be enforced.

02:20 PM

Discussion ensued regarding the parties that will be affected by the bill, and the process by which instances where executive departments provide too little information during the fiscal note process can be policed under current law. Representative J. Kerr responded to questions regarding instances where executive departments have deliberately withheld fiscal information from the Legislative Council Staff, and discussed the need for the bill.

02:24 PM

Representative J. Kerr explained the effect of prepared amendment L.001 (Attachment C). Discussion returned to the need for legislation to address the fiscal note issues that the bill seeks to remedy. Discussion ensued regarding a hypothetical situation involving a change in the fiscal impact of a bill after it passes, which the sponsor seeks to remedy with amendment L.001. Discussion followed regarding the potential for a mandate being placed on future general assemblies under amendment L.001. Discussion returned again to the accountability function of amendment L.001, and the potential for fine-tuning the amendment.


BILL:	HB09-1112
TIME:	02:25:03 PM
MOVED:	Massey
MOTION:	Moved prepared amendment L.001 (Attachment C). The motion failed on a 0-11 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	No
	Massey	No
	McCann	No
	Miklosi	No
	Murray	No
	Nikkel	No
	Labuda	No
	Todd	No

Not Final YES: 0 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL

02:37 PM

Discussion ensued regarding the need to enforce integrity within executive agencies during the fiscal note process, and the level of integrity in the executive branch. Discussion returned to the need for placement of fiscal note directives in statute, including reference to situations where fiscal information provided by a state agency later turned out to be incorrect.

02:47 PM

Discussion continued regarding the need to place the provisions of the bill in state law, as opposed to legislative rule, and how House Bill 09-1112 will improve the fiscal note process.


BILL:	HB09-1112
TIME:	02:37:19 PM
MOVED:	Labuda
MOTION:	Moved to refer House Bill 09-1112 to the Committee of the Whole with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	No
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:50 PM -- House Bill 09-1118

Representative Murray, prime sponsor, presented House Bill 09-1118, concerning the manner in which the records of certain governmental entities are kept. Representative Murray explained her reason for running the bill, and the effect of the bill. Representative Murray also detailed the government agencies that will be affected by the bill, and explained a forthcoming amendment to the bill. Representative Murray responded to questions regarding whether all of the government entities that might benefit from the bill have been captured in the bill's language.

02:56 PM

The following persons testified regarding House Bill 09-1118:

02:56 PM -- Ms. Joan Colby, representing R.S. Wells, testified in favor of the bill. Ms. Colby discussed the inefficiencies involved with requiring certain government agencies to maintain paper copies of certain records, and how the bill will improve transparency and cost-effectiveness. Ms. Colby responded to questions regarding the impact of the bill on employment in the records management sector.

02:59 PM -- Mr. Doug Dean, representing the Public Utilities Commission, testified in favor of House Bill 09-1118. Mr. Dean discussed the proceedings of the Public Utilities Commission, and how prepared amendment L.001 (Attachment D) would improve the commission's functioning. Mr. Dean also discussed the fiscal impact of the amendment on the commission. Mr. Dean responded to questions regarding how hearing information collected by the Public Utilities Commission under the amendment would be made available to the public, and potential cost savings from the amendment. Mr. Dean responded to further questions regarding the applicability of the amendment.

03:06 PM


BILL:	HB09-1118
TIME:	03:06:16 PM
MOVED:	Murray
MOTION:	Moved prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

03:06 PM

Representative Murray provided closing remarks in favor of House Bill 09-1118.


BILL:	HB09-1118
TIME:	03:07:08 PM
MOVED:	Murray
MOTION:	Moved to refer House Bill 09-1118, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Court
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:08 PM

The committee recessed.

03:13 PM

The committee returned to order. Representative Lambert, prime sponsor, presented House Bill 09-1165, concerning the creation of a state database containing information about sole-source contracts to which governmental entities are a party for the purpose of implementing changes to Article XXVIII of the State Constitution approved by the voters in the 2008 general election, for action only. Testimony was taken on the bill during the committee's meeting of January 29th. Representative Lambert discussed the fiscal impact of the bill, and the components that contribute to the bill's cost. Representative Lambert also discussed the technological aspects of implementing the database required by the bill, and the coverage of the bill's costs by user fees.

03:23 PM

Representative Lambert continued to discuss the bill's fiscal impact, and explained the effect of three forthcoming amendments to the bill.

03:26 PM -- Mr. Chris Ward, Legislative Council Staff, explained the fiscal note for House Bill 09-1165.

03:28 PM

Representative Lambert responded to questions regarding the need for the bill if a lawsuit seeking to overturn Amendment 54, which was passed by the voters during the 2008 general election, is successful. Discussion returned to the bill's fiscal impact, and how user fees will cover the cost of the bill. Representative Lambert responded to questions regarding the need for the bill, considering that a database to track government contracts is already being created by the Department of Personnel and Administration. Discussion followed regarding the impact of a partial striking down of Amendment 54 by the courts.

03:40 PM

Representative Lambert explained the effect of prepared amendment L.001 (Attachment E).


BILL:	HB09-1165
TIME:	03:41:38 PM
MOVED:	Lambert
MOTION:	Moved prepared amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

03:42 PM

Representative Lambert explained the effect of prepared amendment L.002 (Attachment F).


BILL:	HB09-1165
TIME:	03:43:19 PM
MOVED:	Lambert
MOTION:	Moved prepared amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

03:44 PM

Representative Lambert explained the effect of prepared amendment L.003 (Attachment G). Discussion ensued regarding the impact of the amendment on revenue flow to the state's General Fund.


BILL:	HB09-1165
TIME:	03:44:59 PM
MOVED:	Lambert
MOTION:	Moved prepared amendment L.003 (Attachment G). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

03:48 PM

Representative Lambert provided closing remarks in favor of House Bill 09-1165, and addressed certain issues pertaining to the requirements of Amendment 54 and the process of crafting the bill.


BILL:	HB09-1165
TIME:	03:48:21 PM
MOVED:	Lambert
MOTION:	Moved to refer House Bill 09-1165, as amended, to the Committee on Appropriations with a favorable recommendation. A substitute motion to Postpone Indefinitely the bill passed.
SECONDED:	Nikkel
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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


BILL:	HB09-1165
TIME:	03:50:25 PM
MOVED:	Labuda
MOTION:	Moved to Postpone Indefinitely House Bill 09-1165. The motion passed on a 6-5 roll call vote.
SECONDED:	Casso
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	No
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:52 PM -- House Bill 09-1071

Representative Gagliardi, prime sponsor, presented House Bill 09-1071, concerning the moneys in the search and rescue fund, and, in connection therewith, increasing surcharges on outdoor recreation activities and expanding the use of moneys in the fund. Representative Gagliardi provided background on the bill, and explained the effect of the bill.

03:58 PM

The following persons testified regarding House Bill 09-1071:

04:00 PM -- Mr. Ivan James, representing the Colorado Bowhunters Association, testified against the bill. Mr. James explained that sportsmen provide the bulk of the funding for search and rescue activities through fees, and this population is far less likely to be the subject of search and rescue operations than other populations. Mr. James also said he is not aware of increased needs for search and rescue operations, and requested greater involvement from sportsmen in the process of budgeting for search and rescue.

04:06 PM -- Ms. Suzanne O'Neill, representing the Colorado Wildlife Federation, testified in opposition to House Bill 09-1071. Ms. O'Neill discussed the number of cards that have been sold to date, the revenue of which funds searches and rescues, and the lack of notification to the sporting community regarding the need for increased funding for search and rescue. Ms. O'Neill responded to questions regarding her position on a forthcoming amendment.

04:09 PM -- Mr. Rick Storm, representing the Division of State Parks within the Department of Natural Resources, testified in opposition to the bill. Mr. Storm explained the work of the division, and discussed the fiscal impact of House Bill 09-1071 on the department. Mr. Storm explained how forthcoming amendment L.003 (Attachment H) may mitigate the fiscal impact of the bill.

04:12 PM -- Mr. Bruce Fosdick, representing the Colorado Search and Rescue Board, testified in favor of House Bill 09-1071. Mr. Fosdick discussed the work of his organization, and explained how search and rescue operations are staffed and funded. Mr. Fosdick also explained how the differing levels of searches are funded, and the shortfall in funding for Tier 3 rescue operations. Mr. Fosdick responded to questions regarding the costs associated with search and rescue operations, and the depletion of the Search and Rescue Fund. Mr. Fosdick responded to further questions regarding the types of individuals that are the subject of search and rescue operations. Discussion ensued regarding the process by which certain sporting populations can contribute to the Search and Rescue Fund. Discussion followed regarding the Habitat Stamp.

04:22 PM

Mr. Fosdick responded to questions regarding the charging of individuals who are the subject of search and rescue operations, and how counties recoup costs associated with search and rescue operations. Mr. Fosdick responded to further questions regarding the fact that sportsmen contribute the majority of moneys to the Search and Rescue Fund, and contributions by boaters to the fund. Discussion ensued regarding contributions by skiers to the Search and Rescue Fund, and the number of skiers that are the subjects of search and rescue operations. Discussion followed regarding additional sources of funding for search and rescue operations, including assessing a fee to skiers.

04:29 PM -- Mr. Jim Alderden, representing the County Sheriffs of Colorado, testified in favor of the bill. Mr. Alderden discussed dive rescue services funded from the Search and Rescue Fund, and the small amounts involved in the fees assessed to fund search and rescue operations. Mr. Alderden also discussed the populations that are the subject of search and rescue operations, and explained how additional funding would help contribute to training and equipment for search and rescue operations. Mr. Alderden responded to questions regarding the cost of the card that funds search and rescue operations, and explained the search and rescue community's position on directly charging the subjects of search and rescue operations. Mr. Alderden explained how fines are collected when the subject of a search and rescue operation is rescued while engaged in illegal activity. Mr. Alderden responded to further questions regarding ways in which the cards sold to fund search and rescue operations could be marketed more effectively.

04:42 PM

Discussion continued regarding ways in which marketing the Search and Rescue fund could be executed more effectively.

04:43 PM -- Mr. Jeff Hiebert, representing Search and Rescue Dogs of the United States, testified in favor of House Bill 09-1071. Mr. Hiebert discussed the lack of adequate funding for search and rescue operations, and funding for training and equipment apart from fees assessed certain recreational populations. Mr. Hiebert also discussed the merits of forthcoming amendment L.003, and the lack of public knowledge regarding the Search and Rescue Card.

04:46 PM -- Mr. Rod "Seaux" Larreau, representing Rocky Mountain Trackers, testified in favor of the bill. Mr. Larreau discussed a situation in which a man went missing while engaged in outdoor recreation, and addressed the issue of levying a charge on those who are found during search and rescue operations. Mr. Larreau then discussed the process by which search and rescue personnel are trained in tracking and other disciplines. Mr. Larreau responded to questions regarding how other states assess fees to pay for search and rescue operations.

04:56 PM -- Mr. Don Bendell, representing himself, testified in favor of House Bill 09-1071. Mr. Bendell discussed certain situations in which individuals went missing and died, and his efforts in conducting search and rescue operations. Mr. Bendell also discussed the hardships faced by those engaged in search and rescue operations, and the costs associated with such operations. Mr. Bendell then discussed the fees assessed to certain recreational groups for the funding of search and rescue operations.

05:04 PM -- Ms. Shauna Naftel, representing Whistle Away Crime, Freedom Realty, and Emerald Properties, testified in favor of the bill. Ms. Naftell discussed the importance of funding the Search and Rescue Fund, and spoke against levying a charge on lost persons who are rescued. Ms. Naftell also stressed the small amounts involved in raising certain fees under House Bill 09-1071. Discussion ensued regarding the equitable assessment of fees among the groups that engage in outdoor activities.

05:11 PM -- Ms. Jocelyn Atadero, representing her brother Jaryd Atadero, testified in favor of House Bill 09-1071. Ms. Atadero discussed her brother, who went missing in the mountains in 1999, and stressed the importance of raising search and rescue fees under the bill.

05:14 PM -- Mr. Allyn Atadero, representing his son Jaryd Atadero, testified in favor of the bill. Mr. Atadero explained how additional resources for search and rescue operations may help to save lives, and addressed the issue of the burden of search and rescue fees falling on sportsmen. Mr. Atadero also discussed future efforts to increase funding for search and rescue operations and improve safety programs. Mr. Atadero provided advice regarding how to increase safety when taking children into the wilderness.

05:25 PM

Representative Gagliardi provided background on the creation of prepared amendment L.003, and explained the effect of the amendment. Representative Gagliardi responded to questions regarding the stewardship of the Search and Rescue Fund, and the potential to amend House Bill 09-1071 to address concerns previously addressed.


BILL:	HB09-1071
TIME:	05:25:41 PM
MOVED:	Court
MOTION:	Moved prepared amendment L.003 (Attachment H), as amended by prepared amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:	Labuda
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

05:30 PM

Representative Gagliardi explained the effect of prepared amendment L.005 (Attachment I). Discussion ensued regarding certain language to be struck by the amendment.


BILL:	HB09-1071
TIME:	05:30:18 PM
MOVED:	Massey
MOTION:	Moved prepared amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:	Court
		VOTE
	Casso
	Court
	Hullinghorst
	Lambert
	Massey
	McCann
	Miklosi
	Murray
	Nikkel
	Labuda
	Todd

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

05:32 PM

Representative Murray explained her opposition to House Bill 09-1071. Discussion ensued regarding the potential for conducting an analysis to find out the types of activities that most often result in search and rescue operations, and problems associated with the revenue stream that funds search and rescue operations. Discussion followed regarding the connection between levying fees on sportsmen and funding for search and rescue operations.


BILL:	HB09-1071
TIME:	05:32:35 PM
MOVED:	Labuda
MOTION:	Moved to refer House Bill 09-1071, as amended, to the Committee on Finance with favorable recommendation. The motion passed on a 10-1 roll call vote.
SECONDED:	Court
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	Yes
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	Yes
	Labuda	Yes
	Todd	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:38 PM

The committee adjourned.