House Committee on State, Veterans, & Military Affairs (04/28/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:	04/28/2009	ATTENDANCE

Time:	01:32 PM to 02:38 PM	Casso	X
		Court	X
Place:	HCR 0112	Hullinghorst	*
		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	X
		Labuda	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1357 HB09-1368 SB09-180 HCR09-1005		Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only

01:32 PM

The committee was called to order. A quorum was present.

01:32 PM -- House Bill 09-1357

Representative Vigil, prime sponsor, presented House Bill 09-1357, concerning a requirement that campaign finance reports required to be filed with the county clerk and recorder be filed instead with the Secretary of State. Representative Vigil explained the effect of the bill, and discussed the bill's fiscal impact. Representative Vigil responded to questions regarding the positions of the Secretary of State and county clerks on the bill.

01:34 PM

The following persons testified regarding House Bill 09-1357:

01:34 PM -- Mr. Richard Coolidge, representing the Secretary of State, testified in favor of the bill. Mr. Coolidge discussed the timing of the bill's introduction, and explained the need for the legislation. Mr. Coolidge responded to questions regarding the bill's fiscal impact, and the ability of the Department of State to waive fines for local election contests under the bill.

01:36 PM -- Clerks Pam Anderson and Hillary Hall, representing the Colorado County Clerks Association, testified in favor of House Bill 09-1357. Clerk Hall discussed the savings to be realized by local governments as a result of the legislation. Clerk Anderson discussed certain efficiencies to be realized under the bill. Discussion ensued regarding the scope of the bill, and the position of special districts on the bill.

01:38 PM -- Ms. Elena Nunez, representing Colorado Common Cause, testified in favor of the bill. Ms. Nunez discussed the impact of the bill on campaign finanace disclosure.

01:39 PM


BILL:	HB09-1357
TIME:	01:39:13 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1357 to the Committee on Appropriations with favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:	Murray
		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

01:39 PM -- House Bill 09-1368

Representative Labuda, prime sponsor, presented House Bill 09-1368, concerning the exclusion of specified types of state contracts from statutory provisions governing the state's centralized contract management system. Representative Labuda briefly explained the effect of the bill.

01:41 PM

The following person testified regarding House Bill 09-1368:

01:41 PM -- Mr. Bruce Eisenhauer, representing the Department of Local Affairs, testified in favor of the bill. Mr. Eisenhauer explained the need to exempt certain types of state contracts from the Centralized Contract Management System. Mr. Eisenhauer responded to questions regarding the specific exclusions contained in the bill, and the reporting requirements for personal services associated with grant and loan contracts. Discussion ensued regarding the reasons for moving grant and loan contracts outside of the current reporting system, since the bill is assessed as having no fiscal impact. Discussion followed regarding certain programs with their own management and accounting processes, including programs receiving federal stimulus dollars. Mr. Eisenhauer responded to further questions regarding the database systems that will be used by the Department of Regulatory Agencies to track certain types of grants. Discussion followed regarding the types of contracts that will be entered into the Central Contract Management System under the bill, and how federal stimulus money sent to Colorado will be tracked.

01:53 PM

Discussion continued regarding the tracking of federal stimulus money. Mr. Eisenhauer responded to questions regarding the position of the State Controller's Office on the bill, and the reasons for the introduction of the legislation.

01:55 PM


BILL:	HB09-1368
TIME:	01:56:26 PM
MOVED:	Labuda
MOTION:	Moved to amend the printed bill, page 2, line 22, after "distributing", insert "grants or". 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

01:57 PM

Discussion returned to the issue of monitoring federal stimulus money if House Bill 09-1368 were to pass.


BILL:	HB09-1368
TIME:	01:59:14 PM
MOVED:	Labuda
MOTION:	Moved to refer House Bill 09-1368, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on an 8-3 roll call vote.
SECONDED:	Todd
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	Yes
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:59 PM -- Senate Bill 09-180

The committee returned to consideration of Senate Bill 09-180, concerning collective bargaining by employees of public safety agencies. The committee took testimony on the bill at its April 23rd meeting. Mr. Tom Buescher, representing Colorado Professional Firefighters, continued his testimony in favor of the bill. Mr. Buescher addressed several issues discussed during testimony at the previous meeting, including what issues can be considered during a hearing conducted by an advisory fact-finder under the bill, and costs associated with a special election held to establish collective bargaining for public safety agencies as allowed by the bill. Other issues included the potential for Senate Bill 09-180 to create an adversarial arrangement between labor and management, the inability of local governments to terminate poorly performing employees if the legislation were to pass, and the potential for communication to be truncated under the bill. Mr. Buescher then addressed the issue of local control as it pertains to Senate Bill 09-180.

02:10 PM

Mr. Buescher continued to address the issue of local control, including home rule cities and special districts. Mr. Buescher then discussed the collective bargaining process, and how the bill affects that process. Mr. Buescher responded to questions regarding the local governments that will be covered by the bill. Discussion ensued regarding the need for the bill considering the effectiveness of the public safety systems in cities that will be affected by the bill. Mr. Buescher responded to questions regarding whether collective bargaining for local public safety agencies is a matter of statewide concern, and the potential for expanding collective bargaining for public safety agencies beyond those local governments affected by the bill. Mr. Buescher responded to further questions regarding the removal of police from the bill's scope, and the imposition of collective bargaining on localities whose electorate has voted against it.

02:21 PM

Mr. Buescher responded to questions regarding the unilateral nature of Senate Bill 09-180 as it pertains to legal remedies. Discussion ensued regarding the position of local governments on the bill. Discussion returned to the issue of local control.

02:26 PM

Representative Casso explained the effect of prepared amendment L.022 (Attachment A). Discussion ensued regarding the amendment's take on local control and the element of statewide concern.


BILL:	SB09-180
TIME:	02:26:21 PM
MOVED:	Casso
MOTION:	Moved prepared amendment L.022 (Attachment A). The motion passed on a 7-4 roll call vote.
SECONDED:	Todd
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

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

02:27 PM

Representative Casso explained the effect of prepared amendment L.024 (Attachment B).


BILL:	SB09-180
TIME:	02:28:42 PM
MOVED:	Casso
MOTION:	Moved prepared amendment L.024 (Attachment B). The motion passed on a 7-4 roll call vote.
SECONDED:	Todd
		VOTE
	Casso	Yes
	Court	Yes
	Hullinghorst	Yes
	Lambert	No
	Massey	No
	McCann	Yes
	Miklosi	Yes
	Murray	No
	Nikkel	No
	Labuda	Yes
	Todd	Yes

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

02:30 PM


BILL:	SB09-180
TIME:	02:31:17 PM
MOVED:	Labuda
MOTION:	Moved to amend the reengrossed bill, page 18, line 11, strike "twenty-five" and substitute "fifty". The motion passed without objection.
SECONDED:	Casso
		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


BILL:	SB09-180
TIME:	02:31:57 PM
MOVED:	Casso
MOTION:	Moved to refer Senate Bill 09-180, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 7-4 roll call vote.
SECONDED:	Hullinghorst
		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

02:33 PM -- House Concurrent Resolution 09-1005

Representative May, prime sponsor, presented House Concurrent Resolution 09-1005, concerning the creation of an independent redistricting commission, and, in connection therewith, authorizing the commission to redistrict the General Assembly and Congressional districts and specifying the allowable population deviation for legislative districts. Representative May briefly explained the effect of the bill.

02:34 PM

The following persons testified regarding House Concurrent Resolution 09-1005:

02:35 PM -- Ms. Christine Watson, representing the League of Women Voters, testified in favor of the resolution. Ms. Watson explained the effect of the resolution, and how the resolution will remove partisanship and the impact of the judiciary from the redistricting process. Committee members received copies of editorials supporting the resolution (Attachment C).

02:38 PM

The committee recessed.