Date: 03/16/2006

Final
BILL SUMMARY for HB06-1363

HOUSE COMMITTEE ON FINANCE

Votes: View--> Action Taken:
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11:38 AM -- House Bill 06-1363 - Concerning Grants for Programs Designed to Prevent Juvenile Delinquency


Representative Benefield, prime sponsor, explained the provisions of the bill and commented on the fees in the bill. Representative Benefield distributed amendment L.004 (Attachment B), and a packet of materials on fees and DUIs (Attachment C). The committee discussed the fees in the bill that are diverted to the clerk of the court administration. Representative Benefield said that provisions in the bill require about 5 percent or about $3.75 of total fees to fund administration through the General Fund. The committee discussed the $75 fee and how it is distributed. Members of the committee questioned whether the portion of money going to the General Fund is necessary and whether a portion of the fee should go for court administration. Representative Vigil, Chairman, discussed the fiscal note with Representative Benefield and Mr. Harry Zeid, fiscal analyst was asked to respond to committee questions.

The following persons testified:

11:54 AM -- Mr. Harry Zeid, Legislative Council Staff, responded to committee questions regarding the fiscal note. Mr. Zeid discussed the revenue projections for fees collected for FY 2006-07 and FY 2007-08.

12:01 PM --
Mr. Eric Philp, State Court Administrators Office, responded to committee questions. Mr. Philp commented on the state programs that benefit juveniles.

12:04 PM --
Mr. Mark Messenbaugh, Boys and Girls Clubs of America, testified in support of the bill and commented on the funding issues in the bill. Mr. Messenbaugh said that the fee as a funding source in House Bill 06-1363 is an appropriate funding source for after-school programs which reduce juvenile crime levels. In our state, crime-prevention is a concern. Mr. Messenbaugh commented that the amendment allows the courts to waive the fee in the bill for persons who commit a crime and are indigent. In general, the bill targets risky driving behavior with an additional fee that offsets the costs that are imposed on society from this behavior. Mr. Messenbaugh closed by saying that for every state dollar invested in school programs, the state receives a 10 to 1 return in the long run. The committee continued to discuss the fee revenue in the bill and in current law. Representative Benefield commented on the correlation between fees and a reduction in juvenile delinquency and other types of risky behavior. After a brief discussion, Mr. Messenbaugh concluded his comments by saying that House Bill 06-1363 can save the state money in the long run. The committee continued the discussion by questioning whether the bill is using the correct funding mechanism to fund programs in the bill.

12:28 PM --
Mr. Gregory Staritzky, citizen, testified in opposition toward the bill. Mr. Staritzky said that there is no nexus between a reduction in crime and after-school programs. The bill is unfair because it allows the state to be able to take away money from people in terms of fees for engaging in criminal behavior. Mr. Staritzky argued that the fee in the bill is a tax and should only be imposed if the penalty fits the crime. Mr. Staritzky closed by saying that the bill discriminates again people because they engage in crimes.

After a discussion on fees between Representative Vigil and Representative Benefield, the bill was pulled off the table and rescheduled for Thursday, March 23, 2006 (upon adjournment in HCR 0107).


12:36 PM

Adjourn.