Date: 04/22/2010

Final
BILL SUMMARY for HB10-1403

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved a verbal amendment to strike section 13 of t
Moved to refer House Bill 10-1403, as amended, to 		Pass Without Objection
PASS



11:02 AM

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


11:03 AM -- House Bill 10-1403

Representative A. Kerr, prime sponsor, presented House Bill 10-1403, concerning commercial notifications with regard to the Secretary of State. Representative Kerr explained the effect of the bill and discussed its fiscal impact. Representative Kerr responded to questions regarding provisions in the bill that allow the Secretary of State to provide notice of certain activities electronically. Representative Kerr responded to further questions regarding certain fees assessed by the Secretary of State, and how these assessment powers are affected by the bill. Discussion ensued regarding a forthcoming amendment to the bill, L.001, that affects these fees. Discussion followed regarding language in the bill granting authority to the Secretary of State to provide electronic notice in certain circumstances.


11:13 AM

Discussion ensued regarding the proper level of discretion to be granted to the Secretary of State in choosing how to provide its required notifications. The following persons testified regarding House Bill 10-1403:

11:14 AM -- Mr. Rich Coolidge, representing the Secretary of State, testified in favor of the bill. Mr. Coolidge discussed the benefits of allowing the Department of State to provide electronic notifications, and addressed earlier discussions pertaining to the fees levied by the department. Mr. Coolidge responded to questions regarding the fiscal impact of the bill, and the effect of a forthcoming amendment. Discussion ensued regarding the reasons that notices are sent to business entities under certain circumstances, and the ability of the Department of State to correspond electronically with the business entities that file with the department. Discussion returned to the effect of a forthcoming amendment, and the potential for amending the bill to allow for reduced fees for those entities that receive notices electronically.

11:24 AM -- Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified regarding House Bill 10-1403. Mr. Gagliardi expressed concern over certain language in the bill that allows the Department of State to assess charges associated with providing electronic notices. Discussion ensued regarding the potential for amending the bill to strike such language.


11:31 AM

Representative Labuda moved to strike the section in House Bill 10-1403 pertaining to fee assessments by the Secretary of State. Mr. Tom Morris, Legislative Legal Services, provided clarification regarding the conceptual amendment.
BILL:HB10-1403
TIME: 11:31:54 AM
MOVED:Labuda
MOTION:Moved a verbal amendment to strike section 13 of the printed bill (page 7, strike lines 1-14). The motion passed without objection.
SECONDED:DelGrosso
VOTE
Casso
Court
DelGrosso
Hullinghorst
McCann
Miklosi
Murray
Nikkel
Waller
Labuda
Todd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:HB10-1403
TIME: 11:33:48 AM
MOVED:Todd
MOTION:Moved to refer House Bill 10-1403, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on an 11-0 roll call vote.
SECONDED:Murray
VOTE
Casso
Yes
Court
Yes
DelGrosso
Yes
Hullinghorst
Yes
McCann
Yes
Miklosi
Yes
Murray
Yes
Nikkel
Yes
Waller
Yes
Labuda
Yes
Todd
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS