Date: 05/05/2010

Final
HCR10-1008

HOUSE COMMITTEE ON FINANCE

Votes: View--> Action Taken:
Moved amendment L.003 (Attachment A). The motion
Moved to postpone House Concurrent Resolution 10-1
Refer House Concurrent Resolution 10-1008, as amen		Pass Without Objection
PASS
FAIL



11:31 AM -- HCR10-1008 - Concerning the Appropriation of State Expenditures

Representative Lambert, prime sponsor, explained that House Concurrent Resolution 10-1008 submits a constitutional amendment to voters to require that all expenditures by the state be appropriated by law. It also clarifies that no moneys in the custody of officers of the state may be disbursed without a legal appropriation. The amendment would be referred to voters at the 2010 General Election.

The committee engaged in a brief discussion about the definition of custodial funds as it relates to the bill.

The following persons testified:

11:35 AM -- Ms. Martha Rudolph, Environmental Programs, Colorado Department of Public Health and Environment (CDPHE), responded to committee questions about department funding.

11:46 AM -- Ms. Joan Henneberry, Executive Director, Department of Health Care Policy and Financing, responded to committee questions.

11:56 AM -- Mr. Bruce Eisenhauer, representing the Department of Local Affairs, responded to committee questions regarding department funding.


12:01 PM

The committee recessed.


03:54 PM

The committee reconvened and resumed consideration of HCR 10-1008.

The committee engaged in a brief discussion on whether provisions in the resolution would require appropriations for federal grants and other assistance to state agencies.

The following person testified:

03:54 PM -- Mr. Troy Bratton, representing the Office of Legislative Legal Services, responded to committee questions about the definition of custodial funds. Mr. Bratton noted that the resolution would not apply to federal money that is awarded to the state for a specific purpose and would exclude grant-money awarded by the federal government to state agencies. Mr. Bratton closed by saying that the term custodial funds has been used by the U.S. Supreme Court to refer to funds that are not generated from tax revenue but provided by the federal government for a specific purpose.
BILL:HCR10-1008
TIME: 04:24:05 PM
MOVED:Judd
MOTION:Moved amendment L.003 (Attachment A). The motion passed without objection by those members present.

10HseFin0505AttachA.pdf
SECONDED:Benefield
VOTE
DelGrosso
Frangas
Gerou
Kagan
Kefalas
Labuda
Roberts
Summers
Swalm
Benefield
Judd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HCR10-1008
TIME: 04:30:37 PM
MOVED:DelGrosso
MOTION:Refer House Concurrent Resolution 10-1008, as amended, to the Committee of the Whole. The motion failed on a 7-4 vote.
SECONDED:Judd
VOTE
DelGrosso
Yes
Frangas
No
Gerou
No
Kagan
No
Kefalas
No
Labuda
Yes
Roberts
No
Summers
Yes
Swalm
No
Benefield
No
Judd
Yes
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HCR10-1008
TIME: 04:31:59 PM
MOVED:Benefield
MOTION:Moved to postpone House Concurrent Resolution 10-1008 indefinitely. The motion passed on a 10-1 vote.
SECONDED:Judd
VOTE
DelGrosso
No
Frangas
Yes
Gerou
Yes
Kagan
Yes
Kefalas
Yes
Labuda
Yes
Roberts
Yes
Summers
Yes
Swalm
Yes
Benefield
Yes
Judd
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS