House Committee on Education (03/19/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	03/19/2009	ATTENDANCE

Time:	01:53 PM to 08:37 PM	Baumgardner	X
		Benefield	X
Place:	HCR 0112	Massey	X
		Middleton	X
This Meeting was called to order by		Murray	E*
	Representative Merrifield	Peniston	E*
		Priola	X
This Report was prepared by		Scanlan	X
	Katey McGettrick	Schafer S.	E*
		Summers	E*
		Todd	X
		Solano	E*
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-131 SB09-029 SB09-057 SB09-237		Amended, Referred to the Committee of the Whole Postponed Indefinitely Postponed Indefinitely Amended, Referred to the Committee of the Whole

01:56 PM -- Senate Bill 09-131

Representative Merrifield reviewed the previous action the committee took on Senate Bill 09-131 (For more information, see committee summary dated March 16, 2009).


BILL:	SB09-131
TIME:	01:58:02 PM
MOVED:	Massey
MOTION:	Moved amendment L.006 (Attachment A). The motion passed without objection.
SECONDED:	Scanlan
		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:	SB09-131
TIME:	01:59:25 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.009 (Attachment B). The motion passed without objection.
SECONDED:	Scanlan
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Not Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:01 PM

The committee members shared their positions on the bill. Representative Massey, the sponsor, concluded his remarks on the bill and asked for the committee's support of the bill.


BILL:	SB09-131
TIME:	02:18:15 PM
MOVED:	Massey
MOTION:	Moved to refer Senate Bill 09-131, as amended, to the Committee of the Whole. The motion passed on an 11-2-0 vote.
SECONDED:	Priola
		VOTE
	Baumgardner	Yes
	Benefield	No
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	No
	Summers	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:20 PM -- Senate Bill 09-029

Representative McFadyen, sponsor of Senate Bill 09-029, concerning seat belts on school buses, presented the bill to the committee. She shared handouts with the committee (Attachment C).

02:27 PM

The following people testified on the bill:

02:28 PM -- Scott Benefield, representing himself, testified against the bill. He shared his experience with school transportation and the estimated additional costs to school districts.

02:34 PM

Representative Benefield asked Mr. Benefield about the budget cuts Jefferson County is making right now. Representative Middleton asked about the rule making process underway on school transportation. Representative Peniston asked about the need for adult supervision of seat belt use. Mr. Benefield replied that it is difficult to monitor compliance as a school bus driver. Representative Schafer asked Mr. Benefield to discuss the status of driver education.

02:40 PM -- Bob Smith, representing Jefferson County Schools, testified against the bill and provided information on federal regulations on school transportation. He compared safety statistics on traveling by bus versus traveling by car to school. He addressed possible consequences of the bill.

02:43 PM -- Bill McCreary, representing Thompson School District, testified against the bill. He stated that research has shown school buses are one of the safest methods of transportation in the United States.

02:48 PM -- Marc Horner, representing Jefferson County Schools, testified against the bill. He shared information from a Congressional Research Service Report on safety belts on school buses.

02:53 PM -- Steve Herzog, representing Douglas County, testified against the bill.

02:54 PM -- Tom Turrell, representing Byers School District 32J, testified against the bill. He raised concerns about liability.

02:59 PM -- David Van Sant, representing Strasburg Schools, testified against the bill.

03:01 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified against the bill.

03:03 PM -- Revetta Duran and Cynthia Heintz, representing themselves, testified against the bill and shared their experience as school bus drivers and driver trainers.

03:07 PM -- William Crites, representing Keenesburg School District, testified against the bill.

03:11 PM -- Jane Urschel and Tom Rau, representing the Colorado Association of School Boards (CASB), testified against the bill.

03:17 PM -- Dodie Hunken, representing Bennett Schools, and Rob Schmedake, representing Aurora Public Schools, testified against the bill.

03:23 PM -- Selena Silva, representing the Children's Hospital, testified in support of the bill.

03:25 PM -- Kathryn Emery, representing the Children's Hospital, testified in support of the bill.

03:29 PM -- Ted Textor, representing the Teamsters Union, testified in support of the bill.

03:34 PM -- Dean Medecker, representing the Teamsters Union, testified in support of the bill.

03:36 PM -- Michele Crawford, representing herself, testified in support of the bill.

03:41 PM -- Rose Swenby, representing herself and her son Kevin, who was killed in a school bus accident, testified in support of the bill.

03:50 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.

03:51 PM -- Fran Coleman, representing the Brain Injury Association of Colorado, testified in support of the bill.

03:54 PM

Representative McFadyen concluded her remarks on the bill, and asked for the committee's support. The committee members shared their views on the bill.

04:06 PM

The committee took a brief recess.


BILL:	SB09-029
TIME:	04:06:33 PM
MOVED:	Priola
MOTION:	Moved to refer Senate Bill 09-029 to the Committee of the Whole. Representative Murray offered a substitute motion to postpone the bill indefinitely. See vote sheet below.
SECONDED:
		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: TIE


BILL:	SB09-029
TIME:	04:07:28 PM
MOVED:	Murray
MOTION:	Moved to postpone Senate Bill 09-029 indefinitely. The motion passed on a 13-0-0 vote.
SECONDED:	Baumgardner
		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

04:08 PM

The committee took a brief recess.

04:17 PM -- Senate Bill 09-057

Representative Stephens, sponsor of Senate Bill 09-057, concerning public school financial transparency, presented the bill to the committee. She discussed Amendment L.019, and the changes that it makes to the bill.

04:30 PM

The following people testified on the bill:

04:30 PM -- Tom Turrell, representing Byers School District 32J, testified against the bill. He shared the measures the district already takes to be transparent to the public.

04:33 PM -- David Van Sant, representing Strasburg School District, testified against the bill. He discussed the costs associated to the school districts if the bill were to pass. He described reports school districts already provide to the state.

04:40 PM -- Shelly Sorkup, representing Adams 12 Five Star Schools, testified against the bill.

04:42 PM -- Janelle Albertson, representing Adams 12 Five Star Schools, testified against the bill and raised some concerns about the potential consequences of the bill.

04:47 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified on the bill, and noted CASB is monitoring with concerns.

04:58 PM -- Anna Bartha, representing Falcon School District 49, testified in support of the bill.

05:05 PM -- Dale McCall, representing Colorado BOCES, testified against the bill and noted that BOCES are not included in the bill.

05:10 PM -- Jeff Orrok, representing the Libertarian Party of Colorado, testified in support of the bill.

05:15 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE) and the Jefferson County Administrators Association, testified against the bill.

05:21 PM -- Bonnie Solan, representing herself, testified in support of the bill.

05:25 PM -- Robert Stack, representing himself, testified against the bill.

05:27 PM -- Chris Holbert, representing himself, testified in support of the bill.

05:33 PM -- Glenn Gustafson, representing Colorado Springs School District 11, testified against the bill.

05:34 PM

The committee asked Mr. Gustafson questions.

05:45 PM -- Kevin Leung, representing himself, testified in support of the bill.

05:54 PM -- Walt Cooper, representing Cheyenne Mountain School District 12, testified against the bill.

05:55 PM

The committee asked Mr. Cooper questions.

06:09 PM -- Natalie Menten, representing herself, testified in support of the bill.

06:14 PM -- Charlie Able, representing himself, testified in support of the bill.

06:19 PM -- Pam Everix, representing herself, testified in support of the bill.

06:24 PM -- Susan Bockenfeld, representing herself, testified in support of the bill.

06:28 PM -- Tim Leonard, representing himself, testified in support of the bill.

06:32 PM -- Dorothy Wisecarver, representing herself, testified in support of the bill.

06:35 PM -- Jeff Sacco, representing himself, testified in support of the bill.

06:39 PM -- Marty Neilson, representing herself, testified in support of the bill.

06:41 PM -- Donna Jack, representing herself, testified in support of the bill.

06:45 PM -- Jerry Roach, representing himself, testified in support of the bill.

06:54 PM -- Jack Ott, representing himself, testified in support of the bill.

06:59 PM -- Amy Oliver, representing the Colorado Transparency Project, testified in support of the bill.

07:10 PM -- Todd Shepherd, representing the Independence Institute, testified in support of the bill.

07:13 PM -- Erika Lishock, representing herself, testified in support of the bill.

07:15 PM -- Arthur Sharp, representing himself, testified in support of the bill.

07:16 PM -- Marilyn Flachman, representing herself, testified in support of the bill.

07:18 PM -- Kathy Hansen, representing herself, testified in support of the bill.

07:21 PM

The committee took a brief recess.


BILL:	SB09-057
TIME:	07:30:14 PM
MOVED:	Massey
MOTION:	Moved amendment L.019 (Attachment D). The motion passed on a 7-6-0 vote.
SECONDED:	Summers
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	No
	Murray	Yes
	Peniston	No
	Priola	Yes
	Scanlan	Yes
	Schafer S.	No
	Summers	Yes
	Todd	No
	Solano	No
	Merrifield	No

Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-057
TIME:	08:32:41 PM
MOVED:	Baumgardner
MOTION:	Moved to refer Senate Bill 09-057, as amended, to the Committee of the Whole. Representative Benefield offered a substitute motion (see vote sheet below).
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: TIE


BILL:	SB09-057
TIME:	08:32:55 PM
MOVED:	Benefield
MOTION:	Moved a substitute motion to postpone Senate Bill 09-057 indefinitely. The motion passed on a 8-5 vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	No
	Benefield	Yes
	Massey	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Priola	No
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:33 PM -- Senate Bill 09-237

Representative Acree explained that the stakeholders were able to come to an agreement on an amendment that provides school personnel a sufficient amount of discretion in dealing with fake firearms on school grounds.


BILL:	SB09-237
TIME:	08:34:28 PM
MOVED:	Massey
MOTION:	Moved amendment L.012 (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:	SB09-237
TIME:	08:35:53 PM
MOVED:	Massey
MOTION:	Moved to refer Senate Bill 09-237, as amended, to the Committee of the Whole. The motion passed on 13-0-0 vote.
SECONDED:	Todd
		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

08:37 PM

The committee adjourned.