House Committee on State, Veterans, & Military Affairs (02/19/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	02/19/2009	ATTENDANCE

Time:	09:46 AM to 01:03 PM	Casso	X
		Court	X
Place:	HCR 0112	Hullinghorst	X
		Lambert	X
This Meeting was called to order by		Massey	X
	Representative Todd	McCann	X
		Miklosi	*
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:
HB09-1184 HB09-1258 HB09-1281 HB09-1221		Postponed Indefinitely Postponed Indefinitely Referred to the Committee of the Whole Postponed Indefinitely

09:46 AM -- House Bill 09-1184

The committee was called to order. A quorum was present. Representative May, prime sponsor, presented House Bill 09-1184, concerning the allocation of time the General Assembly is convened in regular session to conduct its business. Representative May provided background on the bill, and discussed his reasons for sponsoring the measure. Committee members received a handout detailing the length of legislative sessions in the various states (Attachment A). Representative May also discussed the impact of the legislative session's length on the ability to attract quality legislative candidates, and the fiscal impact of the bill. Representative May then discussed legislative session lengths of other states, and the ability of the legislature to finish its business within 90 days. Representative May responded to questions regarding the frequency with which other states enter into special legislative sessions, and the burdens of the time constraints already in place for conducting business.

09:57 AM

Discussion ensued regarding the time limits for conducting legislative business in other states, the amount of money dedicated to legislative activity in certain states, and the potential for conducting standing committee activities year round. Discussion followed regarding the year of applicability of the time constraints considered by House Bill 09-1184, and the potential for amending the bill to limit the number of bills offered during a legislative session. Representative May responded to questions regarding the positions of leadership members on the bill, and the ability to conduct a special session under the bill's provisions. Discussion followed regarding the potential for amending the bill to allow legislative discretion to lengthen the session during times of emergency, and the scheduling challenges faced by legislators during the session.

10:08 AM

Discussion continued regarding the merits of shortening the legislative session, and the effect of current time constraints on the legislature's work.

10:10 AM

The following person testified regarding House Bill 09-1184:

10:10 AM -- Ms. Christine Watson, representing the League of Women Voters, testified regarding the bill. Ms. Watson mentioned that the league is not currently taking a position on the bill, but she expressed interest in the idea of changing the legislative session schedule. Ms. Watson discussed the impact of changing the legislative session time period on the legislative process, and what might occur if the number of introduced bills were limited. Ms. Watson then discussed the impact of term limits on the legislative schedule, and the potential for expanding the interim committee process were the regular session to be shortened. Ms. Watson also discussed the fiscal impact of House Bill 09-1184. Ms. Watson responded to questions regarding the need to explore reducing the number of days in a legislative session. Representative May explained his reason for bring a statutory measure to address the issue of the session length, as opposed to a constitutional measure. Discussion ensued regarding switching the legislature to a two-year budget cycle. Discussion returned to the issue of term limits.

10:20 AM

No amendments were offered to the bill. Representative May provided closing comments in favor of House Bill 09-1184.


BILL:	HB09-1184
TIME:	10:20:35 AM
MOVED:	Murray
MOTION:	Moved to refer House Bill 09-1184 to the Committee on Appropriations. The motion failed on a 5-6 roll call vote.
SECONDED:	Nikkel
		VOTE
	Casso	No
	Court	Yes
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	No
	Miklosi	No
	Murray	Yes
	Nikkel	Yes
	Labuda	No
	Todd	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: Fail


BILL:	HB09-1184
TIME:	10:21:46 AM
MOVED:	Labuda
MOTION:	Moved to Postpone Indefinitely House Bill 09-1184. The motion passed on a 6-5 roll call vote.
SECONDED:	Hullinghorst
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	No
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

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

10:23 AM -- House Bill 09-1258

Representative B. Gardner, prime sponsor, presented House Bill 09-1258, concerning limitations on the ability of a home rule municipality to acquire real property outside its territorial boundaries by means of condemnation. Representative B. Gardner explained his reasons for sponsoring the bill, and provided background on certain exercises of eminent domain in Colorado, including its use in Telluride. Committee members received an editorial from the Denver Post criticizing a Colorado Supreme Court ruling on eminent domain (Attachment B), and a Rocky Mountain News article on the use of eminent domain by the town of Telluride (Attachment C). Representative B. Gardner also explained how local governments can exercise eminent domain under the bill, and discussed certain restrictions in the bill.

10:33 AM

Representative B. Gardner continued to provide background on the use of eminent domain in Colorado, and discussed the importance of balancing property rights and local control. Representative B. Gardner responded to questions regarding the impact of the bill on Denver, considering that its eminent domain capabilities are restricted by a constitutional provision known as the "Poundstone Amendment." Representative B. Gardner responded to further questions regarding the ability to restrict eminent domain to certain uses, such as infrastructure. Discussion ensued regarding the reach of the Poundstone Amendment, and the ability of the legislature to determine what constitutes an abuse of the exercise of eminent domain.

10:44 AM

Discussion continued regarding the legislature's prerogative pertaining to eminent domain, and the number of municipalities that are home rule.

10:46 AM

The following persons testified regarding House Bill 09-1258:

10:47 AM -- Mr. Malcolm Murray, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Murray provided his professional background as it pertains to eminent domain, and discussed the use of eminent domain in Colorado to acquire open space and land for parks, both past and future. Mr. Murray then objected to specific portions of House Bill 09-1258, including required compensation to landowners under the bill. Mr. Murray also addressed the bill's treatment of the "highest and best use" of a particular property, and a landowner's ability to recoup attorney fees if an eminent domain issue goes to trial.

10:57 AM

Mr. Murray explained how circumstances often require the use of eminent domain by home rule municipalities.

10:58 AM -- Ms. Jen Boulton, representing the Audubon Society, testified in opposition to House Bill 09-1258. Ms. Boulton discussed the impact of the bill on the use of tax dollars to acquire land through the exercise of eminent domain as a result of the redefinition of "just compensation."

11:02 AM -- Ms. Erin Goff, representing the Colorado Municipal League, testified in opposition to the bill. Ms. Goff explained the right of home rule municipalities to acquire extra-territorial property through eminent domain, and the impact of the bill on costs associated with exercising eminent domain.

11:03 AM

No amendments were offered to the bill. Representative B. Gardner provided closing remarks in favor of House Bill 09-1258, and addressed issues raised during testimony. Discussion ensued regarding how eminent domain is used by municipalities, and the history of eminent domain's use in Colorado and throughout the United States. Discussion followed regarding balancing property rights and the ability of municipalities to decide land use policies, and the need to further explore the issues addressed by the bill.


BILL:	HB09-1258
TIME:	11:13:56 AM
MOVED:	Nikkel
MOTION:	Moved to refer House Bill 09-1258 to the Committee of the Whole with favorable recommendation. The motion failed on a 4-7 roll call vote.
SECONDED:	Murray
		VOTE
	Casso	No
	Court	No
	Hullinghorst	No
	Lambert	Yes
	Massey	Yes
	McCann	No
	Miklosi	No
	Murray	Yes
	Nikkel	Yes
	Labuda	No
	Todd	No

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1258
TIME:	11:14:41 AM
MOVED:	Hullinghorst
MOTION:	Moved to Postpone Indefinitely House Bill 09-1258. The motion passed on a 7-4 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:15 AM -- House Bill 09-1281

Representative Labuda, prime sponsor, presented House Bill 09-1281, concerning representation on state boards by persons with disabilities. Representative Labuda explained the bill and her reasons for sponsoring it. Representative Labuda responded to questions regarding the position of the Governor's Office on the bill. Discussion ensued regarding the restraining effect of the bill on this office.

11:19 AM

The following persons testified regarding House Bill 09-1281:

11:20 AM -- Ms. Sheryle Hutter, representing the Colorado Cross-Disability Coalition/Colorado Developmental Disabilities Council/Parents of Adults with Disabilities-Colorado, and Mr. Ron Hutter, representing himself, testified in favor of the bill. Ms. Hutter discussed issues that arise when people with disabilities are not included in decision-making processes, including the drafting of legislation. Ms. Hutter also discussed potential cost savings as a result of including the disabled community, and the process of filling appointments to boards and commissions in conjunction with the Office of the Governor. Mr. Hutter discussed the importance of including the disabled community in the proceedings of certain state boards.

11:24 AM -- Ms. Faith Gross, representing the Legal Center for People with Disabilities and Older People, testified in favor of House Bill 09-1281. Ms. Gross expressed support for the concept of including members from the disability community on certain boards and commissions, and discussed federal mandates for including such persons in certain decision-making processes.

11:26 AM -- Ms. Paula Rhoads, representing herself, testified in favor of the bill. Ms. Rhoads discussed her public access television program, and the importance of including persons with disabilities in community activities and policy discussions. Ms. Rhoads also discussed certain issues affecting the disabled community, and the capabilities that disabled individuals do have.

11:30 AM -- Mr. Joe Beaver, representing the Colorado Cross-Disability Coalition, testified in favor of House Bill 09-1281. Mr. Beaver discussed the need for input from the disabled community in policy proceedings, and his experiences with others who have disabilities that are different from his own. Mr. Beaver also discussed the disability rights climate in Denver.

11:35 AM

No amendments were offered to the bill. Representative Labuda returned the discussion to the opinion of the Office of the Governor on House Bill 09-1281, and discussed the ability of the office to attract qualified individuals to serve on boards and commissions. Representative Labuda also presented closing remarks in favor of the bill. Representative Labuda responded to questions regarding the current level of participation on boards and commissions by disabled individuals. Discussion ensued regarding the criteria to be considered in appointing disabled individuals on certain boards, and the need to explore the issues affected by the bill before proceeding. Discussion followed regarding the statutory definition of disability.


BILL:	HB09-1281
TIME:	11:43:15 AM
MOVED:	Labuda
MOTION:	Moved to refer House Bill 09-1281 to the Committee of the Whole with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:	Casso
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	Yes
	Nikkel	No
	Labuda	Yes
	Todd	Yes

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

11:44 AM

The committee recessed.

11:49 AM -- House Bill 09-1221

Representative S. King, prime sponsor, presented House Bill 09-1221, concerning the mandatory furloughs for certain state employees during certain state fiscal years. Representative King provided background regarding his reasons for sponsoring the bill, comparing Colorado's current state government financial situation to that of Maryland. Representative King also discussed the need for solutions to the state's budget shortfall, and explained the fiscal impact of the bill. Representative King then discussed the impact of the bill on state employees, and the plight of employees in the private sector. Representative King returned his discussion to the need for solutions to the state budget shortfall.

11:59 AM

Discussion ensued regarding the definition of furlough under House Bill 09-1221, the impact of requiring state employee furloughs on the provision of government services, and the potential for reducing the number of state employees instead of instituting furloughs. Representative King responded to questions regarding the Governor's position on the bill, and discussions in the executive department of other budget reduction solutions pertaining to state employment.

12:09 PM

Representative King responded to questions regarding reducing budget lines for state employment based on cash funding versus funding from the general fund. Representative King discussed the Governor's budgeting priorities. Discussion ensued regarding the need for statutory authority for the Governor to require state employee furloughs, and alternative options for granting the executive furlough powers. Discussion followed regarding the need for flexibility on the issue of furloughs among the executive departments.

12:19 PM

Discussion continued regarding the Governor's position on House Bill 09-1221, and the Governor's authority to institute state employee furloughs without legislation. Discussion ensued regarding the institution of voluntary furloughs versus mandatory furloughs, and certain legal considerations should furloughs be mandated, such as contract issues. Discussion returned to the impact of mandatory state employee furloughs on the provision of government services.

12:29 PM

Discussion continued regarding the impact of furloughs on the provision of government services.

12:30 PM

The following persons testified regarding House Bill 09-1221:

12:30 PM -- Ms. Kathy Zamperini, representing Colorado WINS, testified in opposition to the bill. Ms. Zamperini discussed her work at the Department of Labor and Employment, and the impact mandated state employee furloughs would have on the department's workload and the provision of government services. Ms. Zamperini also discussed the impact of the current economic situation on the provision of government services by all state agencies.

12:37 PM -- Ms. Marie Burks, representing herself and Colorado WINS, testified in opposition to House Bill 09-1221. Ms. Burks explained the purpose of Colorado WINS, and discussed the potential state revenue losses that may occur as a result of employee furloughs. Ms. Burks also discussed the economic and workload burdens already experienced by state employees, and further burdens that would result from mandatory furloughs.

12:41 PM

Representative King explained the effect of prepared amendment L.002 (Attachment D).


BILL:	HB09-1221
TIME:	12:42:52 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.002 (Attachment D). The motion passed on a 7-4 roll call vote.
SECONDED:	Labuda
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	No
	Lambert	No
	Massey	Yes
	McCann	Yes
	Miklosi	No
	Murray	Yes
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:43 PM

Representative King explained the effect of prepared amendment L.003 (Attachment E). Discussion ensued regarding the impact of mandatory furloughs on the deduction levels for the Public Employee Retirement Association (PERA).

12:46 PM

The committee recessed.

12:59 PM

The committee returned to order. Discussion returned to the impact of the amendment on PERA deduction levels and state contributions to PERA.


BILL:	HB09-1221
TIME:	12:43:48 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.003 (Attachment E). The motion was withdrawn.
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: TIE


BILL:	HB09-1221
TIME:	01:01:03 PM
MOVED:	Todd
MOTION:	Moved prepared amendment L.004 (Attachment F). 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

01:01 PM

Representative Lambert suggested a conceptual amendment, and explained his reason for doing so.


BILL:	HB09-1221
TIME:	01:01:28 PM
MOVED:	Lambert
MOTION:	Moved a conceptual amendment, page 4, line 2, strike "nursing" and substitute "medical". The motion passed without objection.
SECONDED:	Todd
		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

01:02 PM

Representative King provided closing remarks in favor of House Bill 09-1221.


BILL:	HB09-1221
TIME:	01:02:41 PM
MOVED:	Hullinghorst
MOTION:	Moved to Postpone Indefinitely House Bill 09-1221. The motion passed on an 11-0 roll call vote.
SECONDED:	Labuda
		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

01:03 PM

The committee adjourned.