Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:01/20/2009
ATTENDANCE
Time:01:33 PM to 03:17 PM
Casso
X
Court
X
Place:HCR 0112
Hullinghorst
X
Lambert
X
This Meeting was called to order by
Massey
X
Representative Todd
McCann
E
Miklosi
X
This Report was prepared by
Murray
X
Bo Pogue
Labuda
X
Todd
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1039
HB09-1063
HB09-1150
HB09-1058		Amended, Referred to Appropriations
Referred to Appropriations
Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole

01:33 PM -- House Bill 09-1039

The committee was called to order. A quorum was present. Representative McNulty, prime sponsor, presented House Bill 09-1039, concerning in-state tuition classification for honorably discharged military veterans. Representative McNulty explained the purpose and effect of the bill, and discussed a forthcoming amendment that eliminates the bill's fiscal impact. Representative McNulty responded to questions regarding federal programs that offer tuition assistance for military veterans, and the difference in dollars between resident and nonresident tuition rates. Discussion ensued regarding the impact of House Bill 09-1039 on eligibility for College Opportunity Fund stipends and other higher education benefits., as well as college admission standards.

01:43 PM

Discussion ensued regarding the impact of tuition money being made available under the G.I. Bill and other service-related programs on the likely level of use of the benefit being offered under the bill. Discussion followed regarding the loss of tuition by higher education institutions as a result of the bill in light of the economic downturn and impending budget cuts in higher education. Representative McNulty responded to questions regarding the potential for structuring House Bill 09-1039 as an "opt-in" for higher education institutions, and the potential for allowing a second fiscal analysis with consideration of additional factors. Discussion followed regarding sources of money that may not have been considered in the fiscal analysis. Representative McNulty responded to questions regarding laws in other states similar to that which is proposed in the bill.


01:52 PM

No one testified regarding House Bill 09-1039. Discussion ensued regarding the merits of House Bill 09-1039, and input from the higher education community on the bill.
BILL:HB09-1039
TIME: 01:52:22 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Lambert
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Excused
Miklosi
Murray
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090120AttachA.pdf

01:54 PM

Representative Massey discussed the benefits of making the benefit offered by the bill an "opt-in" benefit on the part of higher education institutions.
BILL:HB09-1039
TIME: 01:55:11 PM
MOVED:Massey
MOTION:Moved a conceptual amendment to make in-state tuition classification for honorably discharged military veterans the discretion of higher education institutions. The motion passed without objection.
SECONDED:Lambert
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Excused
Miklosi
Murray
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1039
TIME: 01:56:38 PM
MOVED:Massey
MOTION:Moved to refer House Bill 09-1039, as amended, to the Committee on Appropriations. The motion passed on a 9-0-1 roll call vote, with one committee vacancy.
SECONDED:Labuda
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Excused
Miklosi
Yes
Murray
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:57 PM -- House Bill 09-1063

Representative Summers, prime sponsor, presented House Bill 09-1063, concerning granting in-state student status to a child who moves to Colorado during the child's senior year of high school as the result of the child's legal guardian taking a job in the state. Representative Summers explained the purpose and potential effect of the bill. Discussion ensued regarding the "opt-in" nature of the bill on the part of higher education institutions. Representative Summers responded to questions regarding current requirements for achieving in-state tuition status, and how an institution of higher learning would verify that a parent moved to Colorado as the result of employment.

02:08 PM

Discussion ensued regarding the potential for higher education institutions to grant preferential treatment in accepting students whose parents moved to Colorado as a result of employment over those students who are already Colorado residents. Discussion followed regarding the impact of relocating due to military service on student residency status, and the potential for the bill to create incentives for students to remain in Colorado.

02:15 PM

The following person testified regarding House Bill 09-1063:

02:15 PM -- Representative Victor Mitchell, a former state representative representing himself, testified in favor of the bill. Representative Mitchell discussed the number of students who would be impacted by the bill, and the impact of current law, which prohibits students who move to Colorado as a result of a parent's employment during their senior year from receiving in-state tuition status. Discussion ensued regarding the populations of students to whom the bill applies. Discussion returned to the method by which it is determined that a parent has moved to Colorado for employment purposes. Representative Summers discussed the optional nature of the bill on the part of higher education institutions.


02:25 PM

Discussion ensued regarding the fiscal impact of House Bill 09-1063.
BILL:HB09-1063
TIME: 02:26:57 PM
MOVED:Murray
MOTION:Moved to refer House Bill 09-1063 to the Committee on Appropriations with favorable recommendation. The motion passed on a 9-0-1 roll call vote, with one committee vacancy.
SECONDED:Court
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Excused
Miklosi
Yes
Murray
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:28 PM -- House Bill 09-1150

Representative Todd, prime sponsor, presented House Bill 09-1150, concerning the administrative duties of the Department of Personnel. Representative Todd explained in detail the effect of each of the bill's sections.
Discussion ensued regarding the reason that the bill was assigned to the committee.

02:33 PM

The following person testified regarding House Bill 09-1150:


02:33 PM -- Ms. Jennifer Okes, representing the Department of Personnel and Administration, testified in favor of the bill, making herself available to answer questions. Ms. Okes responded to questions regarding provisions in the bill that allow workers' compensation hearing notices to be sent electronically, and funding sources for certain programs affected by the bill. Ms. Okes responded to further questions regarding the applicability of Article X, Section 20 of the Colorado Constitution (the Taxpayers Bill of Rights) on the revenue accruing to the Department of Personnel and Administration under certain programs.

02:37 PM

Representative Todd, prime sponsor, explained the effect of prepared amendment L.001 (Attachment B).
BILL:HB09-1150
TIME: 02:37:43 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Court
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Excused
Miklosi
Murray
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090120AttachB.pdf

02:39 PM

Representative Todd explained the effect of prepared amendment L.002 (Attachment C). Representative Todd responded to questions regarding the revenue generated as a result of certain services provided to other agencies by the Department of Personnel and Administration.
BILL:HB09-1150
TIME: 02:39:28 PM
MOVED:Todd
MOTION:Moved prepared amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:Labuda
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Excused
Miklosi
Murray
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090120AttachC.pdf

02:40 PM

Discussion ensued regarding a provision in House Bill 09-1150 that requires moneys to remain in the Professional Development Center Cash Fund, and the potential for the General Assembly to access cash funds to supplement the General Fund. The committee also discussed the used of the moneys in the fund, and the fund's balance. Ms. Okes provided testimony regarding these fiscal issues. Representative Todd provided closing remarks in favor of the bill.
BILL:HB09-1150
TIME: 02:48:05 PM
MOVED:Todd
MOTION:Moved to refer House Bill 09-1150, as amended, to the Committee on Appropriations. The motion passed on a 9-0-1 roll call vote, with one committee vacancy.
SECONDED:Massey
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Excused
Miklosi
Yes
Murray
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:49 PM -- House Bill 09-1058

Representative Marostica, prime sponsor, presented House Bill 09-1058, concerning the final disposition of the remains of veterans of the armed forces that have been abandoned. Representative Marostica discussed the effect and purpose of the bill. Representative Marostica also provided background regarding how he came to introduce the bill. Representative Marostica responded to questions regarding how an organization claiming veterans remains proves its legitimacy when claiming the remains, and how those entities that possess remains, such as funeral homes, will be made aware of the change in law made by the bill. Representative Marostica responded to further questions regarding the ability of such entities to contact organizations that will provide for a proper burial of the remains. Discussion ensued regarding the potential to amend the bill to clarify a set of particular organizations that may claim the unclaimed remains. Representative Marostica responded to questions regarding certain time periods for remains disposition contained in House Bill 09-1058.


02:59 PM

Discussion ensued regarding the ability to access military funeral benefits for unclaimed remains.

03:00 PM

The following persons testified regarding House Bill 09-1058:

03:00 PM -- Mr. Dennis Rister, representing the Missing in America Project, testified in favor of the bill. Mr. Rister explained the mission of his organization, and discussed certain incidents where the remains of military veterans have gone unclaimed. Mr. Rister then discussed the need for the bill, and the organizations that support House Bill 09-1058. Mr. Rister responded to questions regarding military funeral benefits that are available for the final disposition of unclaimed remains, and efforts on the part of organizations that provide for the final disposition of veterans remains to provide for such disposition for the remains of veterans who served in the Civil War.

03:06 PM -- Mr. Steve Hosie, representing the Missing in America Project, testified in favor of House Bill 09-1058. Mr. Hosie discussed the need for the bill, and the position of funeral homes on handing over veterans remains to certain organizations.

03:09 PM -- Mr. Scott Riebel, representing the Veterans of Foreign Wars Warriors, testified in favor of the bill. Mr. Riebel discussed the importance of House Bill 09-1058. Mr. Riebel responded to questions regarding how similar legislation is being championed in other states. Mr. Hosie provided information on a website that provides information on similar efforts in other states.


03:14 PM

Representative Marostica discussed the effect of prepared amendment L.001 (Attachment D).
BILL:HB09-1058
TIME: 03:14:29 PM
MOVED:Todd
MOTION:Moved prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:Massey
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Excused
Miklosi
Murray
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

090120AttachD.pdf

03:15 PM

Representative Marostica provided closing remarks in favor of House Bill 09-1058.
BILL:HB09-1058
TIME: 03:15:58 PM
MOVED:Massey
MOTION:Moved to refer House Bill 09-1058, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 9-0-1 roll call vote, with one committee vacancy.
SECONDED:Lambert
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Excused
Miklosi
Yes
Murray
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:17 PM

The committee adjourned.