Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:02/09/2006
ATTENDANCE
Time:10:16 AM to 01:09 PM
Benefield
X
Cloer
X
Place:HCR 0107
Crane
X
Frangas
X
This Meeting was called to order by
Garcia
X
Representative Vigil
Harvey
X
Jahn
X
This Report was prepared by
Kerr
X
Ron Kirk
Marshall
X
Massey
X
McCluskey
X
Judd
X
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1052
HB06-1124
HB06-1058
HB06-1078
HB06-1154
HB06-1130
HB06-1171
HB06-1129		Postponed Indefinitely
Referred to Appropriations
Referred to Appropriations
Postponed Indefinitely
Referred to Appropriations
Amended, Referred to Appropriations
Referred to Appropriations
Postponed Indefinitely


10:17 AM -- House Bill 06-1052

Representative Paccione, prime sponsor, commented that House Bill 06-1052 was drafted to enact a policy that is already allowed under state law. Representative Paccione asked the committee to postpone House Bill 06-1052 indefinitely.















BILL:HB06-1052
TIME: 10:17:59 AM
MOVED:Garcia
MOTION:Moved to postpone House Bill 06-1052 indefinitely. The motion passed on a 12-1-0 vote.
SECONDED:Harvey
VOTE
Benefield
Yes
Cloer
No
Crane
Yes
Frangas
Yes
Garcia
Yes
Harvey
Yes
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:19 AM -- House Bill 06-1124

Representative Hodge, prime sponsor explained that House Bill 06-1124, as amended by the House Agriculture Committee, allows a water judge to approve a rotational crop management contract. The contract would allow a water rights owner or group of owners to agree to implement a new use of water by forgoing irrigation of a portion of lands that have been historically irrigated. The fallowed land would be rotated on an annual basis as long as there is no injurious effect to other water rights.

The following person testified.

10:19 AM -- Mr. Hal Simpson, Division of Water Resources, commented on the cash fund expenditures in the bill and discussed the related department costs.

















BILL:HB06-1124
TIME: 10:21:06 AM
MOVED:Cloer
MOTION:Refer House Bill 06-1124 to the Committee on Appropriations. The motion passed on a 13-0-0 vote.
SECONDED:McCluskey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Harvey
Yes
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:24 AM -- House Bill 06-1058

Representative Pommer, prime sponsor, explained that House Bill 06-1058, as amended by the House Judiciary Committee, creates a schedule of surcharges to be paid by offenders convicted of crimes against children, including sex offenses against children, incest, child abuse, or contributing to the delinquency of a minor. He explained that five percent of the revenue from the surcharges is to be transferred to the Judicial Stabilization Cash Fund for the expenses of trial courts. The remaining 95 percent is to be credited to the newly-created Child Abuse Investigation Surcharge Fund to be used by the Division of Criminal Justice, Department of Public Safety, to fund programs that coordinate a multi-disciplinary team response for child sexual abuse intervention.

The following persons testified:

10:31 AM -- Ms. Dianne Goldberg, Colorado Children's Alliance, testified in support of the bill and pointed out the comprehensive nature of the services that are funded by the bill. Ms. Goldberg said that in certain circumstances, the bill will result in children not having to testify as child victims which make them re-live these circumstances.













10:34 AM -- Mr. Daniel Brennan, Wheat Ridge Police Department, testified in support of the bill and commented that the bill will reduce the trauma that children go through when having to testify on these cases. He continued by saying that under the bill, the perpetrator is held partial responsible in a financial sense and pays for the services provided for in the legislation. Mr. Brennan closed by saying that the child and advocacy centers can use this money from the legislation to fund their services.

10:37 AM -- Mr. Jack Gardner, Boulder Police Department, testified in support of the bill. Mr. Gardner discussed the role that child advocacy centers play in the process. He said that these facilities interview children which often provide the most valuable evidence for the prosecution's case. These centers also provide a valuable role as they provide support to the child and family of the victim.

10:40 AM -- Mr. Zachary Phillips, 1st Judicial District, testified in support of the legislation and commented on circumstances that make it difficult for children to testify. Often, its the child advocacy centers that play the most important role in the conviction process. Mr. Phillips commented that a defendant should not be able to walk away because a child cannot testify. This bill will aid the judicial process.
BILL:HB06-1058
TIME: 10:44:28 AM
MOVED:Frangas
MOTION:Refer House Bill 06-1058 to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:Cloer
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Harvey
Excused
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
Yes
Vigil
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
















10:46 AM -- House Bill 06-1078

Representative Boyd, prime sponsor, explained that House Bill 06-1078 allows the Department of Public Health and Environment to set fees up to $750 for a retail food establishment annual license to cover the department's actual costs of food safety programs. It also allows the department to reduce or increase fees in order to adjust the balance of the uncommitted reserves in the Food Protection Cash Fund. Representative Boyd commented that the bill also authorizes local boards of health that offer food safety programs to set license fees up to $750 to cover their costs associated with those licenses and other services provided to retail food establishments, or to use the department's established fee schedule. Currently, fees are set by seating capacity or square footage and range from $55 to $383 per year.

The committee and Representative Boyd discussed the inspection process under current law and discussed the ability of local governments to set fees as allowed under the legislation. Representative Boyd commented that local governments are doing inspections and if fees are set locally, will more closely meet the actual cost of doing business. Representative Boyd distributed two handouts, a fact sheet on the bill (Attachment A) and an article entitled "Colorado restaurants to grab bigger bite" (Attachment B) and discussed each of the handouts.

The following persons testified.

11:01 AM -- Ms. Mary Lou Chapman, Rocky Mountain Food Industry Association, testified in opposition toward the legislation.

11:12 AM -- Mr. Mike Dunn, The Baby Company, testified in opposition toward the legislation. Mr. Dunn commented that the legislation will double inspection fees over the next two years. Mr. Dunn closed by saying that the fee structure should remain in state statute.

11:26 AM -- Mr. Pete Meersman, Colorado Restaurant Association, testified in opposition toward the bill and commented on he tiered structure for inspection fees allowed under current law. Mr. Meersman discussed the fee increases that could occur under the legislation and commented that fees would differ by location. This legislation allows local governments to set fees based on their costs and if enacted, would result in a fee structure that varies by location. Mr. Meersman said that the legislation could result in fee inconsistencies that will place a greater financial burden on many restaurants. Mr. Meersman closed by saying that many other fees are set in statute for state inspections and the fees under the bill should remain in state statute.

11:40 AM -- Mr. Chris Howes, Colorado Retail Council, testified in opposition toward the bill and said that the fee structure should remain in statute because the inspection process will not improve under the legislation.

11:41 AM -- Mr. Stan Dempsey, Colorado Petroleum Association, testified in opposition toward the legislation and commented that the association objects to taking the fees out of state statute.
















11:42 AM -- Ms. Jeanne Nicholson, Colorado Counties Incorporated, testified in support of the legislation and said that the bill allows local boards of health to adjust fees in accordance with the cost-of-living for the locality where the inspection takes place. Ms. Nicholson pointed out that the legislation would not mean restaurants pay for the entire inspection fee but may end up paying a higher proportion of the fee structure. Ms. Nicholson closed by saying that the legislation would improve the inspection process in many counties.

11:55 AM -- Ms. Kathy Rennels, Commission for Larimer County, testified in support of the legislation. House Bill 06-1078 would give local governments the flexibility to reduce fees as well as raise the fees. Ms. Rennels closed by pointing out that there are a number of fees that are set by local governments such as septic tank fees and other fees that are tied to the construction industry.

12:03 PM -- Ms. Lauren Jervic, El Paso County Department of Health, testified in support of the legislation and commented that fee schedules are often very regressive. Ms. Jervic closed by saying that many restaurants have their own inspection programs that require multiple visits by inspectors and House Bill 06-1078 would allow local governments more flexibility to cover the cost of inspections that cost more money to perform.

12:11 PM -- Mr. Robin Valdez, Denver Department of Environmental Health, testified in support of the legislation. This legislation will give local governments flexibility to set fees based on location, input from public hearings, and other factors that address equity issues. Mr. Valdez closed by urging the committee to support the legislation.

12:17 PM -- Dr. Mark Johnson, Public Health Directors of Colorado, testified in support of the legislation. Dr. Johnson said that at the local level, governments have a better understanding of where local fees should be set because the fee structure varies by location. For example, it is more expensive to perform inspections in Pitkin than Baca County. Local Health Boards look at the needs of local communities when setting fees and local audits serve as a check to determine the true cost of the inspection program.

The committee briefly discussed the inspection process and the bill was placed on the table for action.

























BILL:HB06-1078
TIME: 12:30:36 PM
MOVED:Judd
MOTION:Refer House Bill 06-1078 to the Committee on Appropriations. The motion failed on a 8-5-0 vote.
SECONDED:Benefield
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
Yes
Garcia
No
Harvey
No
Jahn
No
Kerr
No
Marshall
No
Massey
No
McCluskey
Yes
Judd
Yes
Vigil
Yes
Not Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1078
TIME: 12:35:40 PM
MOVED:Garcia
MOTION:Moved to postpone House Bill 06-1078 indefinitely. The motion passed on a 9-4-0 vote.
SECONDED:Crane
VOTE
Benefield
No
Cloer
Yes
Crane
Yes
Frangas
No
Garcia
Yes
Harvey
Yes
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
No
Judd
Yes
Vigil
No
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





12:36 PM -- House Bill 06-1154 (Reconsider)

Representative Garcia moved to reconsider House Bill 06-1154. (House Bill 06-1154 was first heard by the House Finance Committee on Wednesday, February 8, 2006.) The motion passed on a 13-0-0 vote. Representative Kerr moved to refer House Bill 06-1154 to the Committee on Appropriations. The motion passed on a 11-2-0 vote.
BILL:HB06-1154
TIME: 12:37:13 PM
MOVED:Garcia
MOTION:Moved to reconsider House Bill 06-1154. (House Bill 06-1154 was first heard by the House Finance Committee on Wednesday, February 8, 2006.) The motion passed on a 13-0-0 vote.
SECONDED:Benefield
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Harvey
Yes
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
Yes
Vigil
Yes
Not Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1154
TIME: 12:39:16 PM
MOVED:Kerr
MOTION:Refer House Bill 06-1154 to the Committee on Appropriations. The motion passed on a 11-2-0 vote.
SECONDED:McCluskey
VOTE
Benefield
Yes
Cloer
Yes
Crane
No
Frangas
Yes
Garcia
Yes
Harvey
No
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
Yes
Vigil
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:40 PM -- House Bill 06-1130

Representative Penry, prime sponsor, explained that House Bill 06-1130 exempts formerly deployed members of the armed forces from hunting and fishing license fees. The following are the terms of the exemption:

● the exemption will be available to members of any branch of the United States armed forces, reservists, and Colorado National Guard members;
● service members must have been deployed abroad or mobilized by the President of the United States within the prior two years;
● service members must be Colorado residents; and
● members must file a written request with proof of deployment.

Representative Penry explained that military personnel may take advantage of the waived fees for a period equal to the term of their service abroad or the length of their mobilization. Representative Penry distributed amendment L.003 (Attachment C) to committee members and explained that it waives all costs attached and pushes back the time-line for having an on-line system. After a brief discussion, the amendment was withdrawn and the following motions were make.











BILL:HB06-1130
TIME: 12:45:53 PM
MOVED:Cloer
MOTION:Moved amendment L.003 (the amendment waives all costs attached and pushes back the time-line for having an on-line system). After a brief committee discussion, the amendment was withdrawn.
SECONDED:Harvey
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Harvey
Jahn
Kerr
Marshall
Massey
McCluskey
Judd
Vigil
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB06-1130
TIME: 12:49:07 PM
MOVED:Cloer
MOTION:Moved amendment L.002 (Attachment D) (the amendment changes the length of time in which military personnel can qualify for an exemption from hunting and fishing fees). Representative Penry distributed a staff memorandum on the fiscal impact of amendment L.002 should it be adopted by the committee (Attachment E). The motion passed without objection by those members present.
SECONDED:Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Harvey
Jahn
Kerr
Marshall
Massey
McCluskey
Judd
Vigil
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1130
TIME: 12:51:12 PM
MOVED:Cloer
MOTION:Refer House Bill 06-1130, as amended, to the Committee on Appropriations. The motion passed on a 10-3-0 vote.
SECONDED:Massey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
No
Harvey
Yes
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
No
Vigil
No
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:53 PM -- House Bill 06-1171

Representative Riesberg, prime sponsor, explained that House Bill 06-1171 lowers the blood alcohol content (BAC) level used to identify a persistent drunk driver (PDD) from 0.20 to 0.17 or more grams of alcohol per one hundred milliliters of blood.

The following person testified:

01:01 PM -- Mr. Stephen Hooper, Department of Revenue, responded to committee questions.



















BILL:HB06-1171
TIME: 01:03:08 PM
MOVED:Cloer
MOTION:Refer House Bill 06-1171 to the Committee on Appropriations. The motion passed on a 13-0-0 vote.
SECONDED:Judd
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Harvey
Yes
Jahn
Yes
Kerr
Yes
Marshall
Yes
Massey
Yes
McCluskey
Yes
Judd
Yes
Vigil
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:06 PM -- House Bill 06-1129 (for action only)

After a brief discussion on the revised fiscal note dated February 8, 2006, Representative Vigil, Chairman, placed the bill on the table for action (amendment L.004 was adopted by the committee on Wednesday, February 8, 2006).



















BILL:HB06-1129
TIME: 01:07:47 PM
MOVED:Cloer
MOTION:Refer House Bill 06-1129, as amended, to the Committee on Appropriations (Amendment L.004 was adopted by the committee on Wednesday, February 8, 2006), The motion failed on a 7-6-0 vote.
SECONDED:Harvey
VOTE
Benefield
No
Cloer
Yes
Crane
Yes
Frangas
No
Garcia
No
Harvey
Yes
Jahn
No
Kerr
Yes
Marshall
No
Massey
Yes
McCluskey
Yes
Judd
No
Vigil
No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1129
TIME: 01:09:00 PM
MOVED:Garcia
MOTION:Moved to postpone House Bill 06-1129 indefinitely. The motion passed on a 7-6-0 vote.
SECONDED:Judd
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
Yes
Garcia
Yes
Harvey
No
Jahn
Yes
Kerr
No
Marshall
Yes
Massey
No
McCluskey
No
Judd
Yes
Vigil
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:09 PM

Adjourn.