House Committee on Finance (02/15/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:	02/15/2012	ATTENDANCE

Time:	01:31 PM to 05:29 PM	Acree	X
		Beezley	X
Place:	LSB A	Conti	X
		Hullinghorst	X
This Meeting was called to order by		Joshi	X
	Representative DelGrosso	Kagan	*
		Kefalas	*
This Report was prepared by		Labuda	X
	Ron Kirk	McCann	X
		Pabon	X
		Swalm	X
		Swerdfeger	X
		DelGrosso	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1246 HB12-1178 HB12-1236 HB12-1083 HB12-1065 HB12-1290 HB12-1075		Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to Appropriations Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to Appropriations

01:32 PM -- House Bill 12-1246 - Concerning the State Payday Shift

Representative Becker, prime sponsor, explained that House Bill 12-1246 was recommended by the Joint Budget Committee. He began by saying that the bill undoes the pay date shift enacted in 2003. Under current law, the General Fund portion of the June payroll is shifted to the next fiscal year and paid with July moneys. Regardless of the funding source, most employees receive the June paycheck on July 1. Part-time employees are currently paid on a bi-weekly basis. He closed by noting that the bill appropriates $1.7 million in one-time moneys to state agencies with part-time employees so that these obligations may be satisfied in June rather than July.


BILL:	HB12-1246
TIME:	01:35:26 PM
MOVED:	Hullinghorst
MOTION:	Refer House Bill 12-1246 to the Committee on Appropriations. The motion passed on a vote of 10-0 with 3 members excused.
SECONDED:	Beezley
		VOTE
	Acree	Excused
	Beezley	Yes
	Conti	Excused
	Hullinghorst	Yes
	Joshi	Yes
	Kagan	Excused
	Kefalas	Yes
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

01:38 PM -- House Bill 12-1178 - Concerning Tax Payments for Lost Gasoline of Special Fuel

Representative Vigil, prime sponsor, began by explaining that under current law, a distributor or transporter of gasoline or special fuel is entitled to a refund or credit for the tax paid or accrued that is lost or destroyed by fire, lightning, flood, windstorm, explosion, accident, or other cause beyond its control. He continued by saying that a claim for refund or credit must be filed with the Department of Revenue within 7 days of the loss or destruction. Representative Vigil closed by noting that the bill increases the deadline for notifying the department from 7 days to 30 days from the date of loss or destruction.

The following persons testified:

01:40 PM -- Mr. Eric Balenseifen, testified in support of the legislation.

01:47 PM -- Mr. Terry Sanders, representing Palmer Oil Company, testified in favor of the bill.


BILL:	HB12-1178
TIME:	01:49:50 PM
MOVED:	McCann
MOTION:	Refer House Bill 12-1178 to the Committee of the Whole. The motion passed on a vote of 11-0 with 2 members excused.
SECONDED:	Pabon
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Hullinghorst	Yes
	Joshi	Yes
	Kagan	Excused
	Kefalas	Excused
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

01:51 PM -- House Bill 12-1236 - Concerning Charitable Solicitations

Representative Summers, prime sponsor, explained that the bill makes several changes in the regulation of charitable solicitations, including:

excluding grant writers from the definition of "paid solicitor" unless the grant writer's compensation is computed on the basis of the amount of funds raised;

specifying that fundraising on behalf of a specific, named individual is not a charitable appeal and that the fundraiser does not have to register with the Secretary of State;

eliminating the requirement that charities request a three-month extension for filing financial reports with the Secretary of State if the charity has filed for an extension with the Internal Revenue Service (IRS);

clarifying that only monetary contributions must be deposited in a financial institution; and

requiring paid solicitors to state their full names and to disclose that a contribution is not tax-deductible, if that is the case, near the beginning of a telephone solicitation prior to asking for a donation.

The following persons testified:

02:00 PM -- Mr. Richard Coolidge, Colorado Department of State, testified in support of the legislation.

02:03 PM -- Mr. Mark Turner, representing the Colorado Nonprofit Association, testified in support of the legislation.


BILL:	HB12-1236
TIME:	02:06:14 PM
MOVED:	Acree
MOTION:	Moved Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Joshi
		VOTE
	Acree
	Beezley
	Conti
	Hullinghorst
	Joshi
	Kagan
	Kefalas
	Labuda
	McCann
	Pabon
	Swalm
	Swerdfeger
	DelGrosso

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1236
TIME:	02:08:02 PM
MOVED:	Beezley
MOTION:	Refer House Bill 12-1236, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0 with 2 members excused.
SECONDED:	Swalm
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Hullinghorst	Yes
	Joshi	Yes
	Kagan	Excused
	Kefalas	Excused
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:11 PM -- House Bill 12-1083 - Concerning the Colorado Water Quality Control Act

Representative Sonnenberg, prime sponsor, explained that under current law, the Environmental Agriculture program in the Colorado Department of Public Health and Environment (CDPHE) is substantially supported by a fee increase expiring on July 1, 2012. He noted that to continue the program at its current funding level, House Bill 12-1083 extends until July 1, 2015, the current fee structure for water quality permits that regulate confined animal feeding operations (CAFOs) and housed commercial swine feeding operations (HCSFOs).

The following person testified:

02:16 PM -- Ms. Phyllis Woodford, Colorado Department of Public Health and Environment, responded to committee questions about the fee structure in the bill.


BILL:	HB12-1083
TIME:	02:20:17 PM
MOVED:	Swalm
MOTION:	Refer House Bill 12-1083 to the Committee on Appropriations. The motion passed on a vote of 11-0 with 2 members excused.
SECONDED:	Joshi
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Hullinghorst	Yes
	Joshi	Yes
	Kagan	Excused
	Kefalas	Excused
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:22 PM -- House Bill 12-1065 - Concerning Deadlines Applied to Advanced Practice Nurses

Representative Lee, prime sponsor, explained that House bill 12-1065 allows the State Board of Nursing (board) to extend the deadline to September 30, 2012, for advanced practice nurses (APNs) to develop an articulated plan for safe prescribing. He noted that an APN seeking an extension must submit to the board an application, the required fee, a signed verification that he or she developed an articulated plan by, or had an existing collaborative agreement with a physician on, July 1, 2011. An articulated plan documents how the APN intends to maintain ongoing collaboration with physicians and guides the APN's prescriptive practice. Representative Lee concluded by saying that APNs who were granted prescriptive authority prior to July 1, 2010, were required to develop their plans by July 1, 2011, and APNs who missed the deadline lost their prescriptive authority.

The following persons testified:

02:33 PM -- Mr. Chris Lines, representing the Colorado Medical Society, testified in opposition of the bill. He distributed a packet of materials to the committee members (Attachment B).

03:08 PM -- Ms. Fran Ricker, Colorado Nurses Association, responded to committee questions and testified in support of the legislation. Ms. Ricker distributed a packet of materials in support of the legislation to the committee members (Attachment C).

03:25 PM -- Ms. Pamela Chandler, representing herself, testified in support of the legislation. Ms. Chandler discussed her personal experiences with prescriptive authority under current law and discussed the changes triggered by House Bill 12-1065.


BILL:	HB12-1065
TIME:	03:36:24 PM
MOVED:	Kefalas
MOTION:	Refer House Bill 12-1065 to the Committee of the Whole. The motion passed on a vote of 11-0 with 2 members excused.
SECONDED:	Hullinghorst
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Hullinghorst	Yes
	Joshi	Yes
	Kagan	Excused
	Kefalas	Yes
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Excused
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:50 PM -- House Bill 12-1290 - Concerning the Healthy Landscapes Tax Checkoff

Representative Brown, prime sponsor, explained that House Bill 12-1290 creates a new income tax return checkoff to collect donations for the Colorado For Healthy Landscapes Fund. He continued by saying that money in the fund would be used by the Colorado Weed Management Association. Representative Brown concluded by noting that the association provides education, regulatory direction, and professional improvement to preserve and protect natural resources.

The following person testified:

03:59 PM -- Mr. George Beck, representing the Colorado Weed Management Association, testified in support of the legislation. Mr. Beck noted that it is very expensive to eliminate noxious weeds and this bill will provide some funding to combat this battle throughout the state of Colorado. He closed by saying that often, wildfires are fueled by noxious weeds and this bill will reduce this fire risk to the state.


BILL:	HB12-1290
TIME:	04:07:01 PM
MOVED:	Kefalas
MOTION:	Refer House Bill 12-1290 to the Committee on Appropriations. The motion passed on a vote of 11-0 with 2 members excused.
SECONDED:	Acree
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Hullinghorst	Yes
	Joshi	Yes
	Kagan	Excused
	Kefalas	Yes
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Excused
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:11 PM -- House Bill 12-1075 - Concerning the Six Percent Appropriations Limit

Representative Beezley and Representative DelGrosso, prime sponsors, explained the provisions of the bill. Representative Beezley noted that under current law, General Fund appropriations are limited to an amount equal to 5 percent of Colorado personal income. Beginning in FY 2012-13, this bill limits General Fund appropriations growth to 6 percent over the prior year's appropriations. Representative Beezley closed by saying that the bill also requires that year-end surplus revenue above the new 6 percent appropriations limit, net of statutory or constitutionally required reserves, TABOR refunds, and other required transfers, such as Senate Bill 09-228, be distributed as follows:

50% to the newly created State Reserve Fund;

25% to the Highway Users Tax Fund (HUTF); and

25% to the Capital Construction Fund (CCF).

Representative DelGrosso discussed how General Fund appropriations would be affected by House Bill 12-1075. The committee discussed the six percent limit as it applied prior to Senate Bill 09-228. Representative Hullinghorst noted that the personal income component of Senate Bill 09-228 was a better indicator of the economy rather than the 6 percent benchmark. The committee discussed the history of the statutory limit on General Fund appropriations that was imposed nearly 20 years ago.

The following persons testified:

04:41 PM --

Mr. Daniel Chapman, representing the American Association of Retired Persons (AARP), testified in opposition of the bill. Mr. Chapman began by discussing the history of the six percent limit. He continued by noting that the statutory limit reduced the legislature's ability to respond to the economic recovery that followed past recessions. Mr. Chapman discussed the current budget and growing caseload factors that are driving expenditures upward and creating the state's structural deficit. He concluded by noting that Colorado cannot grow its way out of its budget problems and this bill will further restrict the budgetary authority of the General Assembly.

04:47 PM --

Ms. Karen Knutson, representing the League of Woman Voters of Colorado, testified in opposition of the bill.

04:51 PM --

Mr. Wade Buchanan, representing the Bell Policy Center, distributed a handout on his testimony (Attachment D) and testified in opposition of the bill. Mr. Buchanan discussed the state's need for a dedicated funding source for transportation and said that this bill is not the solution. Mr. Buchanan closed by discussing the need for a state rainy day fund and the effect that statutory spending limits have on the state's ability to recover from a recession.

The committee discussed the need for a rainy day fund. Mr. Buchanan discussed the potential distribution of General Fund money to transportation under House Bill 12-1075. The committee discussed the tax and expenditure limits that the General Fund responds to given TABOR and Senate Bill 09-228.


BILL:	HB12-1075
TIME:	05:17:02 PM
MOVED:	Beezley
MOTION:	Moved Amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Conti
		VOTE
	Acree
	Beezley
	Conti
	Hullinghorst
	Joshi
	Kagan
	Kefalas
	Labuda
	McCann
	Pabon
	Swalm
	Swerdfeger
	DelGrosso

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1075
TIME:	05:20:35 PM
MOVED:	DelGrosso
MOTION:	Refer House Bill 12-1075, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-5 with 1 member excused.
SECONDED:	Conti
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Hullinghorst	No
	Joshi	Yes
	Kagan	Excused
	Kefalas	No
	Labuda	No
	McCann	No
	Pabon	No
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:29 PM

The committee adjourned.