Joint Committee Committee on Capital Development (03/14/2006)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON CAPITAL DEVELOPMENT

Date:	03/14/2006	ATTENDANCE

Time:	08:07 AM to 08:55 AM	Berens	X
		McElhany	X
Place:	SCR 356	Riesberg	X
		Windels	X
This Meeting was called to order by		McFadyen	*
	Senator Bacon	Bacon	X

This Report was prepared by
	Bo Pogue
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Discussion of Potential Legislation		Approved three committee bills

08:08 AM

The chairman called the committee to order. A quorum was present.

08:09 AM

Mr. Jeremiah Barry, Office of Legislative Legal Services, provided an overview of potential committee legislation. Mr. Barry explained the first bill draft, which funds certificates of participation (COP) projects before calculations are made for the Senate Bill 97-1 (Attachment A) diversion. A brief discussion ensued regarding the source of funding for COP projects in past years.


BILL:	Discussion of Potential Legislation
TIME:	08:10:53 AM
MOVED:	Windels
MOTION:	Introduce a committee bill to fund COP projects before the Senate Bill 97-1 diversion (Attachment A). The motion passed on a 5-1 vote.
SECONDED:
		VOTE
	Berens	Yes
	McElhany	No
	Riesberg	Yes
	Windels	Yes
	McFadyen	Yes
	Bacon	Yes
Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

All committee members agreed to co-sponsor the bill, with the exception of Senator McElhany. The committee agreed to include a safety clause in the bill and to initiate the bill in the Senate. Senator Windels agreed to be the prime sponsor for the bill and Representative McFadyen agreed to be the prime sponsor in the House of Representatives. At the request of a committee member, Representative McElhany explained his opposition to the bill.

08:15 AM

Mr. Barry explained the next draft bill to reinstate $100 million General Fund transfers to the Capital Construction Fund (Attachment B). The committee discussed the potential for a $200 million transfer. Discussion followed regarding the date of the first transfer, then returned to the merits of increasing the amount of the transfer.


BILL:	Discussion of Potential Legislation
TIME:	08:25:23 AM
MOVED:	Riesberg
MOTION:	Change the date of the first transfer in the draft bill to reinstate an annual General Fund transfer (Attachment B) from July 1, 2006, to July 1, 2007. The motion failed on a vote of 2-4.
SECONDED:
		VOTE
	Berens	No
	McElhany	Yes
	Riesberg	Yes
	Windels	No
	McFadyen	No
	Bacon	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Discussion of Potential Legislation
TIME:	08:29:00 AM
MOVED:	Berens
MOTION:	Introduce a committee bill, to reinstate an annual $100 million General Fund transfer to the Capital Construction Fund (Attachment B). The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Berens	Yes
	McElhany	Yes
	Riesberg	Yes
	Windels	Yes
	McFadyen	Yes
	Bacon	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:29 AM

All members of the committee agreed to co-sponsor the bill. The committee further agreed to originate the bill in the Senate, with Senator Bacon as prime sponsor and Representative McFadyen as prime sponsor in the House of Representatives. The committee then discussed changing the prime sponsorship and house of introduction of the first draft bill considered (Attachment A). The committee agreed to originate that legislation in the House of Representatives instead of the Senate, with Representative McFadyen as the prime sponsor and Senator Windels as Senate prime sponsor. The committee agreed to include a safety clause on Attachment B.

08:32 AM

Mr. Barry explained a third draft bill, which authorizes the construction of an institute for forensic psychiatry at the Colorado Mental Health Institute at Pueblo using COPs (Attachment C). Mr. Barry noted legislation that is currently moving through the legislature to fund the project with money from the General Fund (House Bill 06-1373). The committee agreed to forego introduction of this bill draft, pending the outcome of House Bill 06-1373.

08:34 AM

Mr. Barry explained a fourth draft bill that would require the Colorado Department of Corrections (DOC) to notify the Capital Development Committee (CDC) when the DOC issues requests for proposals to construct new private prisons (Attachment D). The committee discussed space needs in the prison system, and the need to speak with the Executive Branch regarding the potential legislation. Senator McElhany explained his opposition to the introduction of this bill draft. The committee discussed amending the draft to require notification for new prison construction, not bed expansion.


BILL:	Discussion of Potential Legislation
TIME:	08:44:13 AM
MOVED:	Berens
MOTION:	Introduce a committee bill requiring the DOC to notify the CDC when the DOC issues requests for proposals to construct new private prisons (Attachment D). The motion passed on a vote of 4-2.
SECONDED:
		VOTE
	Berens	Yes
	McElhany	No
	Riesberg	No
	Windels	Yes
	McFadyen	Yes
	Bacon	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:45 AM

The committee agreed to originate the bill in the House of Representatives with Representative McFadyen as the prime sponsor and Senator Bacon as the Senate prime sponsor. The remaining committee members, with the exception of Senator McElhany, agreed to co-sponsor the bill. The committee agreed to include a safety clause in the bill. Discussion ensued regarding HB 06-1201, currently pending in the House of Representatives and the bill's potential impact on funds transferred to the Capital Construction Fund. The committee further discussed the possibility of funding COPs prior to the Senate Bill 97-001 diversion. Ms. Jennifer Moe, Legislative Council Staff, and Mr. Barry provided clarification regarding the funding of COPs.

08:52 AM

The committee agreed to meet at 8:00 a.m. on March 16. The committee then adjourned.