Final
BILL SUMMARY for HB05-1001

HOUSE COMMITTEE ON FINANCE

Votes:
Action Taken:
Moved Amendment L.003. The motion passed without
Refer HB 05-1001, as amended, to the Committee of 		Pass Without Objection
PASS


04:09 PM -- House Bill 05-1001 - Concerning the Prohibition of Cash Fund Transfers to the General Fund (For Action Only)

Representative Garcia distributed amendment L.003 (Attachment K). (During the January 19, 2005, meeting, the committee adopted amendment L.001 (Attachment L.) Representative Garcia explained that amendment L.003, a strike below, incorporates amendment L.001 and clarifies the permissible uses of cash fund revenues. The chairman asked Mr. Jason Gelender to explain the provisions of amendment L.003.

04:15 PM -- Mr. Jason Gelender, Office of Legislative Legal Services, explained that under L.003 moneys derived from a charge shall only be transferred to the General Fund or otherwise appropriated from a cash fund for statutorily authorized purposes. The amendment clarifies that moneys in a cash fund may be used for statutorily authorized purposes, even if those purposes may not be directly related to the program for which the fee was imposed. For example, the amendment would allow the Department of State to continue using moneys from business filing fees for elections and other purposes unrelated to business filing, as long as the statute authorizes such uses. With amendment L.003, and the previously adopted amendment L.001, the bill would be assessed as having no fiscal impact.

Representative Garcia commented that the bill would prohibit any new transfers of cash funds to the General Fund, require that cash fund revenues be appropriated for related purposes, and require that fees raise no more than necessary to cover program costs. The bill would also continue to allow cash fund moneys to be transferred or appropriated for any purpose authorized by law.
BILL:HB05-1001
TIME: 04:24:11 PM
MOVED:Garcia
MOTION:Moved Amendment L.003. The motion passed without objection by those members present.
SECONDED:Frangas
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1001
TIME: 04:24:50 PM
MOVED:Garcia
MOTION:Refer HB 05-1001, as amended, to the Committee of the Whole. The motion passed on a 12-1-0 vote.
SECONDED:Cloer
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
No
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:25 PM

Adjourn.