H_LG_2016A 02/03/2016 01:34:27 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON LOCAL GOVERNMENT
| Date: | 02/03/2016 |
ATTENDANCE
|
|
| Time: | 01:34 PM to 04:50 PM |
Arndt
|
X
|
|
Danielson
|
X
|
||
| Place: | HCR 0107 |
Klingenschmitt
|
X
|
|
Navarro
|
*
|
||
| This Meeting was called to order by |
Ransom
|
X
|
|
| Representative Fields |
Rosenthal
|
X
|
|
|
Saine
|
X
|
||
| This Report was prepared by |
Singer
|
X
|
|
| Damion Pechota |
Thurlow
|
X
|
|
|
Lebsock
|
X
|
||
|
Fields
|
X
|
||
|
X = Present, E = Excused, A = Absent, * = Present after roll call
|
|||
| Bills Addressed: | Action Taken: | ||
| HB16-1064 HB16-1078 HB16-1139 |
Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to the Committee of the Whole |
||
01:35 PM -- HB16-1064
Representative Brown presented and summarized House Bill 16-1064 concerning marijuana testing facilities. The bill allows a local medical marijuana licensing authority to issue medical marijuana testing facility licenses.
01:39 PM -- Kevin Bommer, representing the Colorado Municipal League, and Eric Bergman, representing Colorado Counties, Inc., spoke in favor of the bill. Mr. Bergman distributed a handout to the committee (Attachment A).
16HouseLocal0203AttachA.pdf
Mr. Bergman answered questions from the committee regarding local licensing for medical marijuana testing facilities.
Mr. Bommer answered questions regarding medical and retail marijuana local licensing.
Representative Brown provided closing comments.
| BILL: | HB16-1064 | |
| TIME: | 01:44:56 PM | |
| MOVED: | Singer | |
| MOTION: | Refer House Bill 16-1064 to the Committee of the Whole. The motion passed on a vote of 10-0. | |
| SECONDED: | Saine | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
Excused
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
Yes
|
|
|
Saine
|
Yes
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
|
||
01:46 PM -- HB16-1078
Representative Kagan presented and summarized House Bill 16-1078 concerning whistleblower protection. The bill prohibits a local education provider, county, or municipality (local government employer) from taking any disciplinary action against an employee on account of the employee's statements about the local government employer that the employee believes to show:
• a violation of state, federal, or local government policy;
• a waste or misuse of public funds;
• fraud;
• an abuse of authority;
• mismanagement; or
• a danger to the health or safety of students, employees, or the public.
The prohibition of disciplinary action does not apply to an employee who knowingly discloses false information or discloses information from a closed public record, or that is confidential under state law or federal law.
In addition, the bill establishes deadlines and other requirements for an employee to file a complaint with the Office of Administrative Courts in the Department of Personnel and Administration (DPA) for referral to an administrative law judge (judge). If the employee prevails in his or her complaint, the judge may award damages and other relief deemed appropriate. If the judge determines that the local government employer did not violate the law by imposing disciplinary action, the employee may bring a civil action in the district court.
02:00 PM -- Kevin Bommer, representing the Colorado Municipal League, spoke in opposition to the bill. He distributed and discussed two informational handouts to the committee regarding protections for public employees (Attachment B and Attachment C).
16HouseLocal0203AttachB.pdf 16HouseLocal0203AttachC.pdf
02:10 PM
Mr. Bommer answered questions from the committee regarding the public employee protection process for statutory towns and home rule municipalities.
Representative Kagan answered questions from the committee regarding employee protection in federal court.
Mr. Bommer continued to answer questions from the committee regarding the types of local government employees covered under the bill.
02:20 PM -- Eric Bergman, representing Colorado Counties, Inc., spoke in opposition to the bill. He answered questions from the committee regarding county concerns with the bill.
Mr. Bommer answered questions from the committee regarding local government authority.
02:33 PM -- Sharyn Dreyer, representing Colorado Education Association, spoke in favor of the bill. She provided examples of employer retaliation for the disclosure of information.
02:43 PM
Ms. Dreyer answered questions from the committee regarding the process for resolving retribution issues for whisleblower actions.
02:55 PM -- Carol Gianfrancisco, representing herself, spoke in favor of the bill. She discussed her experiences as a teacher and the retaliation she received for disclosing information.
03:05 PM -- Ms. Dreyer was called back to the table to answer questions regarding teacher evaluations.
03:10 PM -- Robert Liechty, representing Plaintiff Employment Lawyers Association, spoke in favor of the bill. He discussed his clients in regards to whistleblower protections.
03:20 PM
Mr. Leichty continued to answer questions from the committee.
03:26 PM -- Gina Holub, representing herself, spoke in favor of the bill. She discussed her experience as a local government employee who was retaliated against for disclosing information.
Representative Singer distributed and discussed amendment L.002 (Attachment D), amendment L.004 (Attachment E), and amendment L.003 (Attachment F).
16HouseLocal0203AttachD.pdf 16HouseLocal0203AttachE.pdf
16HouseLocal0203AttachF.pdf
The committee members discussed the amendments.
| BILL: | HB16-1078 | |
| TIME: | 03:39:30 PM | |
| MOVED: | Singer | |
| MOTION: | Adopt amendment L.002 (Attachment D). The motion passed without objection. | |
| SECONDED: | Thurlow | |
|
VOTE
|
||
|
Arndt
|
||
|
Danielson
|
||
|
Klingenschmitt
|
||
|
Navarro
|
||
|
Ransom
|
||
|
Rosenthal
|
||
|
Saine
|
||
|
Singer
|
||
|
Thurlow
|
||
|
Lebsock
|
||
|
Fields
|
||
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
|
||
| BILL: | HB16-1078 | |
| TIME: | 03:50:35 PM | |
| MOVED: | Singer | |
| MOTION: | Adopt amendment L.004 (Attachment E). The motion passed without objection. | |
| SECONDED: | Danielson | |
|
VOTE
|
||
|
Arndt
|
||
|
Danielson
|
||
|
Klingenschmitt
|
||
|
Navarro
|
||
|
Ransom
|
||
|
Rosenthal
|
||
|
Saine
|
||
|
Singer
|
||
|
Thurlow
|
||
|
Lebsock
|
||
|
Fields
|
||
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
|
||
Representative Klingenschmitt distributed and discussed amendment L.012 (Attachment G) as an amendment to L.003.
16HouseLocal0203AttachG.pdf
| BILL: | HB16-1078 | |
| TIME: | 03:53:55 PM | |
| MOVED: | Klingenschmitt | |
| MOTION: | Adopt amendment L.012 (Attachment G). The motion passed without objection. | |
| SECONDED: | Singer | |
|
VOTE
|
||
|
Arndt
|
||
|
Danielson
|
||
|
Klingenschmitt
|
||
|
Navarro
|
||
|
Ransom
|
||
|
Rosenthal
|
||
|
Saine
|
||
|
Singer
|
||
|
Thurlow
|
||
|
Lebsock
|
||
|
Fields
|
||
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
|
||
The committee discussed amendment L.003 as amended by amendment L.012.
| BILL: | HB16-1078 | |
| TIME: | 04:06:19 PM | |
| MOVED: | Singer | |
| MOTION: | Adopt amendment L.003 (Attachment F) as amended. The motion failed on a vote of 4-7. | |
| SECONDED: | Lebsock | |
|
VOTE
|
||
|
Arndt
|
No
|
|
|
Danielson
|
No
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
No
|
|
|
Ransom
|
No
|
|
|
Rosenthal
|
No
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
No
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
| Representative Klingenschmitt distributed and discussed amendment L.011 (Attachment H). |
||
| BILL: | HB16-1078 | |
| TIME: | 04:07:36 PM | |
| MOVED: | Klingenschmitt | |
| MOTION: | Adopt amendment L.011 (Attachment H). The motion passed without objection. | |
| SECONDED: | Lebsock | |
|
VOTE
|
||
|
Arndt
|
||
|
Danielson
|
||
|
Klingenschmitt
|
||
|
Navarro
|
||
|
Ransom
|
||
|
Rosenthal
|
||
|
Saine
|
||
|
Singer
|
||
|
Thurlow
|
||
|
Lebsock
|
||
|
Fields
|
||
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
|
||
Representative Saine distributed and discussed amendment L.006 (Attachment I).
16HouseLocal0203AttachI.pdf
The committee members discussed amendment L.006.
| BILL: | HB16-1078 | |
| TIME: | 04:19:05 PM | |
| MOVED: | Saine | |
| MOTION: | Adopt amendment L.006 (Attachment I). The motion failed on a vote of 5-6. | |
| SECONDED: | Navarro | |
|
VOTE
|
||
|
Arndt
|
No
|
|
|
Danielson
|
No
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
No
|
|
|
Saine
|
Yes
|
|
|
Singer
|
No
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
No
|
|
|
Fields
|
No
|
|
|
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
04:20 PM
The committee members discussed the bill.
Representative Kagan provided closing comments on the bill.
| BILL: | HB16-1078 | |
| TIME: | 04:28:47 PM | |
| MOVED: | Danielson | |
| MOTION: | Refer House Bill 16-1078, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-3. | |
| SECONDED: | Rosenthal | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
Yes
|
|
|
Navarro
|
No
|
|
|
Ransom
|
No
|
|
|
Rosenthal
|
Yes
|
|
|
Saine
|
No
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
04:29 PM -- HB16-1139
Representative Willett and Representative Arndt presented and summarized House Bill 16-1139 concerning electronic participation during the interim. The bill permits the executive committee of the Legislative Council to establish policies allowing members of the General Assembly to participate electronically in committee meetings occurring during the legislative interim. Members who participate electronically must be counted for purposes of establishing a committee's quorum, but only members attending meetings in person are permitted to vote. Members who participate electronically may receive per diem or other compensation they are otherwise entitled to claim for attendance at the meeting, but may not be reimbursed for any expenses incurred to participate electronically.
04:42 PM -- Gayle Berry, representing herself, spoke in favor of the bill.
04:45 PM -- Nicholas Colglazier, Colorado Competitive Council, spoke in favor of the bill.
The committee members discussed the bill.
| BILL: | HB16-1139 | |
| TIME: | 04:49:31 PM | |
| MOVED: | Arndt | |
| MOTION: | Refer House Bill 16-1139 to the Committee of the Whole. The motion passed on a vote of 10-1. | |
| SECONDED: | Saine | |
|
VOTE
|
||
|
Arndt
|
Yes
|
|
|
Danielson
|
Yes
|
|
|
Klingenschmitt
|
No
|
|
|
Navarro
|
Yes
|
|
|
Ransom
|
Yes
|
|
|
Rosenthal
|
Yes
|
|
|
Saine
|
Yes
|
|
|
Singer
|
Yes
|
|
|
Thurlow
|
Yes
|
|
|
Lebsock
|
Yes
|
|
|
Fields
|
Yes
|
|
|
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
04:50 PM
The committee adjourned.