Bill Summary for Bill Number HB13-1228

Date: 02/13/2013

Final
BILL SUMMARY for HB13-1228

HOUSE COMMITTEE ON FINANCE

Votes: View-->	Action Taken:
Refer House Bill 13-1228 to the Committee on Appro	PASS

02:33 PM -- House Bill 13-1228 - Concerning Background Check Fees

Representative Court, prime sponsor, explained that House Bill 13-1228 requires the Colorado Bureau of Investigation (CBI) in the Department of Public Safety to charge a fee for performing instant criminal background checks related to the transfer of firearms. The fee may not exceed the direct and indirect costs associated with performing the background checks. She continued by saying that the CBI may contract with a public or private entity for services related to the collection of the new fee. All revenue collected will be deposited into the newly created Instant Criminal Background Check Cash Fund and the CBI is authorized to use the moneys in the fund to pay the costs associated with performing background checks and processing appeals.

Representative Court noted that with the passage of House Bill 94-1276, Colorado established the Statewide Instant Criminal Background Check (Instacheck) System to perform background checks prior to all firearms transfers and process appeals of denials. The CBI is the state's point-of-contact for Instacheck. She continued by saying that between 1994 and 1999, Instacheck was financed through a $10 fee on each requested background check. From 1999 through 2000, the Federal Bureau of Investigation conducted Colorado background checks. The Instacheck System was reestablished in 2000 and has been funded by the General Fund since that time.

The following persons testified:

03:04 PM -- Ms. Debby Kaller, representing herself, testified in support of the bill.

03:06 PM -- Mr. Michael McGuire, representing himself, testified in support of the bill.

03:07 PM -- Ms. Annmarie Jenson, representing the Colorado Association of Chiefs of Police, testified in support of the bill.

03:09 PM -- Ms. Jacqui Shumway, representing Colorado Ceasefire, testified in support of the bill.

03:12 PM -- Mr. John Head, representing Safe Colorado, testified in support of the bill.

03:18 PM -- Ms. Jean Grattet, representing the League of Women Voters of Colorado, testified in support of the bill.

03:22 PM -- Mr. Ron Sloan, representing the Colorado Bureau of Investigation (CBI), testified in support of the bill. Mr. Sloan provided an overview of the background check process conducted by CBI. He discussed the petition process for relief from federal firearms prohibitions. Mr. Sloan responded to questions from the committee about appeals of denied firearms transfers and the number of appeals where the denial was upheld. The committee discussed with Mr. Sloan whether background checks are effective in preventing gun violence.

03:40 PM -- Ms. Eileen McCarre, representing herself as an educator, testified in support of the bill.

The following persons testified in opposition to the bill.

03:43 PM -- Mr. Robert Parker, representing Parker Arms, testified in opposition to the bill.

04:06 PM -- Mr. Gerald O'Reilly, representing himself, testified in opposition to the bill.

04:09 PM -- Mr. Bob Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to the bill and noted that as drafted, the bill would impede his constitutional gun ownership rights.

04:14 PM -- Mr. Aubrey Allmond, representing himself, testified in opposition to the bill.

04:16 PM -- Mr. James Durden, representing himself, testified in opposition to the bill.

04:22 PM -- Mr. Sean Verhoeff, representing himself, testified in opposition to the bill.

04:29 PM -- Mr. Luke O'Dell, representing Rocky Mountain Gun Owners and himself, testified in opposition to the bill and noted that the legislation would remove his constitutional right to bear arms.

04:32 PM -- Mr. Richard Linwood, representing himself, testified in opposition to the bill and said the fee in the bill is a tax.

04:35 PM -- Ms. Mary Tuneberg, representing herself, testified in opposition to the bill and noted that the fee in the bill is a poll tax.

04:39 PM -- Mr. Chris Bland, representing himself, testified in opposition to the bill.

04:43 PM -- Mr. Brad Tudor, representing himself, testified in opposition to the bill.

04:55 PM -- Mr. Lee Reedy, representing himself, testified in opposition to the bill.

04:58 PM -- Mr Frank Kolb, representing himself, testified in opposition to the bill and noted that the fee in the bill is a tax.

05:00 PM -- Mr. Jimmy West, representing himself, testified in opposition to the bill.

05:06 PM -- Mr. Brian Dotterer, representing himself, testified in opposition to the bill.

05:09 PM -- Ms. Lisa Spear, representing herself, testified in opposition to the bill.

05:13 PM -- Mr. Adam Smith, representing himself, testified in opposition to the bill and said that the fee in the bill is a tax.


BILL:	HB13-1228
TIME:	05:21:48 PM
MOVED:	Court
MOTION:	Refer House Bill 13-1228 to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED:	Pabon
		VOTE
	DelGrosso	No
	Foote	Yes
	Joshi	No
	Kagan	Yes
	May	Yes
	Melton	Yes
	Pabon	Yes
	Priola	No
	Saine	No
	Swalm	No
	Wilson	No
	Labuda	Yes
	Court	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:54 PM

The committee adjourned.