Date: 02/05/2009

Final
BILL SUMMARY for HB09-1124

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved a conceptual amendment to show the language
Moved prepared amendment L.001 (Attachment B). Th
Moved to refer House Bill 09-1124, as amended, to 		FAIL
Pass Without Objection
PASS



10:58 AM

The committee recessed.


11:02 AM -- House Bill 09-1124

The committee returned to order. Representative Liston, prime sponsor, presented House Bill 09-1124, concerning certain conferences with an attorney representing a state public body that may be held in an executive session at a meeting of the state public body. Representative Liston explained the effect of the bill, and discussed the types of government agencies that would be affected by the bill.


11:05 AM

The following persons testified regarding House Bill 09-1124:


11:06 AM -- Ms. Casey Shpall and Mr. John Sleeman, representing the Office of Attorney General, testified in favor of the bill. Ms. Shpall discussed how certain state boards can go into executive session to discuss certain matters, but not others, and explained that the bill will provide clarification regarding the matters in question. Ms. Shpall also explained that the bill will level the playing field between state and private litigants, and will also harmonize the Open Meetings and Records laws. Ms. Shpall addressed a forthcoming amendment regarding recording of executive sessions. Ms. Shpall then explained the effect of the bill on the work of the Colorado Water Conservation Board. Mr. Sleeman explained the effect of House Bill 09-1124 on the ability of the Office of Attorney General to provide legal advice to state boards and commissions, and how the bill may help to avoid further litigation. Mr. Sleeman then discussed the difficulties he has experienced providing legal advice to certain state boards without the ability to enter into executive session.


11:16 AM

Mr. Sleeman continued to discuss the merits of the bill, focusing on conflicts between current law and federal law as it pertains to certain regulatory authority. Discussion ensued regarding the origination of the authority to invoke attorney-client privilege, and the government's ability to invoke the privilege.


11:19 AM -- Mr. Mike Beery, representing the Department of Local Affairs, made himself available to respond to questions regarding the effect of the bill on certain programs. Mr. Beery provided specific examples regarding how boards and commissions discuss legal issues.


11:22 AM -- Mr. Ron Binz, representing the Public Utilities Commission, testified in favor of House Bill 09-1124. Mr. Binz discussed the work of the commission, and how the commission discusses legal matters under current law. Mr. Binz also discussed how these practices compromise legal strategies, and addressed a forthcoming amendment pertaining to tape recording of executive sessions. Finally, Mr. Binz explained how the bill's provisions harmonize with sunshine laws.


11:29 AM -- Mr. Daniel Wilkerson, representing the University of Colorado, testified in favor of the bill. Mr. Wilkerson explained when the regents of the university are allow to enter into executive session, and discussed the legal issues that are faced by the university. Mr. Wilkerson urged the committee to preserve the right of the regents to enter into executive session, and voiced support for a forthcoming amendment.


11:32 AM -- Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified regarding House Bill 09-1124. Mr. Romberg spoke in support of forthcoming amendment L.001, and provided background on previous efforts to change the laws pertaining to executive session. Mr. Romberg discussed concerns over certain situations in which a judge determines that a portion of an executive session did not belong in executive session, and the ability to record executive sessions. Mr. Romberg also made a statement about the substantive nature of changes made by the bill, as opposed to technical changes. Mr. Romberg responded to questions regarding the ability of journalists and others to access recordings of executive sessions, and the process by which an individual can trigger a review of an executive session recording to reveal information which should not have been discussed in the session.


11:40 AM

Mr. Sleeman returned to provide clarification regarding prepared amendment L.001 (Attachment B). Mr. Sleeman responded to questions regarding the exclusion of higher education institutions from the requirement to record executive sessions by the amendment, and the reason for doing so. Mr. Sleeman responded to further questions regarding the ability of school boards to be exempted from recording executive sessions. Mr. Sleeman provided clarification regarding the process by which an individual triggers a review of an executive session recording, and the clarifying effect of House Bill 09-1124. Mr. Wilkerson responded to questions regarding the exemption of governing boards of institutions of higher learning from the requirement to record executive sessions. Mr. Wilkerson responded to further questions regarding the University of Colorado's objection to recording the executive sessions of the Board of Regents, and disparate treatment between higher education institutions and other government entities.

11:51 AM

Discussion ensued regarding the custodians of executive session recordings, and the application of amendment L.001 to all governing boards of higher education institutions. Discussion followed regarding the effect of the failure of amendment L.001. Mr. Romberg clarified his position on the amendment. Discussion followed regarding a compromise between certain government agencies and institutions in crafting the amendment, and the ability of the general public to access recordings of executive sessions. Discussion returned to the issue of disparate treatment among state agencies and institutions by amendment L.001, and the merits of excluding institutions of higher learning from executive session recording requirements.

12:01 PM

Discussion continued regarding amendment L.001, and the potential for amending the amendment to remove the Board of Regents of the University of Colorado from the amendment. Discussion followed regarding equity among higher education institutions and other state bodies on the issue of exempting these entities from recording executive sessions.
BILL:HB09-1124
TIME: 11:40:20 AM
MOVED:Massey
MOTION:Moved prepared amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Lambert
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

090205AttachB.pdf

12:07 PM

Discussion continued regarding equity on the issue of requiring recording of executive sessions. Discussion followed regarding the proper motion for creating equity on this issue. Mr. Blue provided clarification regarding current law as it pertains to recording executive sessions. Mr. Bo Pogue, Legislative Council Staff, and Mr. Dan Cartin, Legislative Legal Services Staff, provided clarification regarding the motion. Discussion ensued regarding negotiations among state entities that resulted in amendment L.001, and the merits of the conceptual amendment. Discussion returned to the language in amendment L.001, and the proper course of action on the conceptual amendment and amendment L.001.
BILL:HB09-1124
TIME: 12:07:08 PM
MOVED:Miklosi
MOTION:Moved a conceptual amendment to show the language contained in Section 24-6-402 (2)(d.5)(I)(B), C.R.S., in strike type.
SECONDED:Murray
VOTE
Casso
No
Court
No
Hullinghorst
No
Lambert
No
Massey
Yes
McCann
No
Miklosi
Yes
Murray
Yes
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL



12:19 PM

Representative Liston provided closing remarks in favor of House Bill 09-1124.


BILL:HB09-1124
TIME: 12:20:35 PM
MOVED:McCann
MOTION:Moved to refer House Bill 09-1124, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Hullinghorst
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