Final
BILL SUMMARY for SB05-093

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Amend the reengrossed bill as follows: on page 5,
Move Amendment L.006 (Attachment D). The motion p
Refer SB 05-093, as amended, to the Committee of t		Pass Without Objection
Pass Without Objection
PASS


01:54 PM -- Senate Bill 05-093

 Representative Garcia, the prime sponsor of SB 05-093, Concerning the Ability to Attach Public Pension Benefits If the Pension Participant Engages in Misconduct in Connection With Public Property, explained why the bill was necessary and summarized the bill's provisions. Committee members were provided with a news article about Elizabeth school officials who embezzled funds (Attachment C), and Amendment L.006 (Attachment D). He responded to questions from the committee regarding situations that might trigger the attachment of public pension benefits to a restitution judgment, and why other crimes might not trigger such attachment.

The following people testified on the bill:

02:07 PM -- Mr. Ben Stein, representing the State Treasurer's Office, spoke in support of the bill and discussed the nexus for attaching the public pension benefits to violations involving public property. He also clarified that the decision about whether or not an offense occurred is made in a court of law. He responded to questions from the committee about the inability under current law to attach public pension payouts to a restitution judgment.

02:13 PM -- Mr. Rob Gray, representing the Public Employees Retirement Association Board, spoke in support of the bill. He discussed what types of actions might constitute a violation of fiduciary duties and why the "direct financial gain" language was intentionally narrow to preclude trivial claims (e.g., disagreement with a board member's fund management decision). Mr. Gray responded to questions from the committee regarding whether a defendant may attempt to plea bargain in order to avoid this liability, and the frequency with which the offenses addressed in the bill are committed.


02:21 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:SB05-093
TIME: 02:22:38 PM
MOVED:Decker
MOTION:Move Amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-093
TIME: 02:24:29 PM
MOVED:Brophy
MOTION:Amend the reengrossed bill as follows: on page 5, line 19, strike "debt OR" and substitute "debt," and, on page 6, line 22, strike "debt OR" and substitute "debt,". The motion passed without objection.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
Excused
McGihon
Excused
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-093
TIME: 02:30:20 PM
MOVED:Harvey
MOTION:Refer SB 05-093, as amended, to the Committee of the Whole. The motion carried on a vote of 9-2-0.
SECONDED:Jahn
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Excused
McGihon
Excused
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS