Final
STAFF SUMMARY OF MEETING

COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL

Date:01/08/2010
ATTENDANCE
Time:09:05 AM to 09:35 AM
May
X
Morse
X
Place:HCR 0112
Penry
E
Weissmann
X
This Meeting was called to order by
Shaffer B.
X
Representative Carroll T.
Carroll T.
X
This Report was prepared by
Katey McGettrick
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Colorado Channel Guidelines
Supplemental Appropriation - Legislative Audits
Legislative Per Diem
Capital Finance Corporation
Other Business
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09:05 AM -- Call to Order


Speaker T. Carroll, chair, called the Executive Committee to order.


09:05 AM -- Colorado Channel Guidelines

Representative Benefield presented the revised Colorado Channel Guidelines (Attachment A) to the committee. She explained that last year the General Assembly created the Colorado Channel Authority and that the guidelines now reflect that addition. She noted the procedural changes that were made, specifically that a member's hometown will no longer be included on the TV caption that identifies which member is speaking.

0108AttachA.pdf
BILL:Colorado Channel Guidelines
TIME: 09:07:14 AM
MOVED:May
MOTION:Moved to approve revised Colorado Channel Guidelines (see Attachment A). The motion passed without objection.
SECONDED:Weissmann
VOTE
May
Morse
Penry
Excused
Weissmann
Shaffer B.
Carroll T.
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection




09:08 AM -- Supplemental Appropriation - Legislative Audits

Sally Symanski, Colorado State Auditor, explained that the Office of the State Auditor is requesting a supplemental appropriation in the amount of $130,000 reappropriated funds for fiscal year 2010, the funding for which comes from federal stimulus moneys. She distributed a handout that explains why the bill is necessary and a draft of the supplemental bill (Attachment B). She asked that if the committee decides to sponsor the legislation that it be expedited because the Office of the State Auditor would like to begin work on the fiscal year 2010 financial audits in February.

0108AttachB.pdf

Representative Weissmann asked whether the federal funds are specifically earmarked for audits. Ms. Symanski explained that one-half percent of federal stimulus funds granted to states may be used for oversight, and in Colorado, the Governor has determined that a portion of that will be used for state audits. She further explained that the fund is part of the total stimulus funding for the state, not in addition to the stimulus funding. A conversation ensued between Ms. Symanski and Representative Weissmann on how the one-half percent is to be allocated. Representative Weissmann asked if it would be possible to set aside money for future fiscal years. Representative May explained that typically states lose federal grant moneys that are not expended during the fiscal year for which they were appropriated.


BILL:Supplemental Appropriation
TIME: 09:14:40 AM
MOVED:Morse
MOTION:Moved to approve the draft bill (see Attachment B) for introduction as an Executive Committee bill, with the Majority Leaders of both houses as the sponsors. The motion passed without objection.
SECONDED:Shaffer B.
VOTE
May
Morse
Penry
Excused
Weissmann
Shaffer B.
Carroll T.
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



09:15 AM

The committee agreed that the bill would originate in the House of Representatives.

09:15 AM -- Legislative Per Diem

Mike Mauer, Legislative Council Staff, presented a legislative budget item regarding legislative per diem increases for the committee's consideration. Mr. Mauer reviewed the history of legislative per diem increases, which he noted most recently occurred in 2007 when the legislative per diem was set at $150 per day for non-metropolitan members. At that time, there was also a provision that stated, beginning July 1, 2010, legislative per diem would be set at 85 percent of the federal per diem, which currently equals $191 per day for non-metropolitan members and represents a $238,000 increase to the legislative budget. President Shaffer distributed a draft bill suspending legislative per diem increases for two years (Attachment C). Representative Weissmann asked if there was a reason for suspending the increase for two years, and if it makes sense to establish a set rate for the legislative per diem, instead of tying the per diem to the federal per diem rates. President Shaffer replied that he brought the bill forward for discussion, and is open to changes.

0108AttachC.pdf
BILL:Legislative Per Diem
TIME: 09:18:40 AM
MOVED:Shaffer B.
MOTION:Moved to introduce the draft bill presented by President Shaffer (see Attachment C) as an Executive Committee bill, with President Shaffer and Representative May as sponsors, and the bill starting in the Senate. The motion passed without objection.
SECONDED:Weissmann
VOTE
May
Morse
Penry
Excused
Weissmann
Shaffer B.
Carroll T.
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



09:19 AM

Mr. Mauer raised additional considerations for the legislative per diem bill for the committee to consider as amendments. He first raised an issue about IRS tax elections pertaining to a legislator's "taypayer home." Mr. Mauer explained that there is an IRS election that applies to state legislatures regarding a legislator's taypayer home, which is based on the distance a member resides from the state capitol. He explained that the IRS defines non-metropolitan legislators based on the legislator's taypayer home being located more than 50 miles from the state capitol, but that the Colorado General Assembly determines non-metropolitan legislators by a list of counties. He noted that this discrepancy could result in tax filing inaccuracies for members. He recommended that the committee consider aligning the General Assembly's policy with the federal IRS guidelines. Senator Morse asked whether the bill could be amended to reflect this change and to permit the Executive Committee to change it as necessary to keep current with IRS regulations.


BILL:Legislative Per Diem
TIME: 09:21:53 AM
MOVED:Morse
MOTION:Moved to amend President Shaffer's and Representative May's bill to change per diem residence guidelines from being county-based to mileage-based and to give the Executive Committee the authority to update future per diem guidelines to align with IRS standards. The motion passed without objection.
SECONDED:May
VOTE
May
Morse
Penry
Excused
Weissmann
Shaffer B.
Carroll T.
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



09:23 AM

Mr. Mauer raised an additional issue regarding accounting for legislative per diem, specifically discussing the federal rates for lodging, meals, and incidentals. He explained that any lodging, meals, or incidentals claimed under the federal limit is not taxed and does not require a receipt, but everything over the limit requires a receipt and is taxable. Mr. Mauer recommended that the committee consider permitting the Executive Committee to set rules for requiring receipts. Senator Morse noted that his intent was to draft the bill to allow the Executive Committee to establish ruled in order to be in compliance with all federal IRS requirements.

09:24 AM -- Capital Finance Corporation

Mr. Mauer discussed the purpose of the Capital Finance Corporation, which was created to allow the state to purchase land and buildings through certificates of participation. He noted that the corporation faced a lawsuit which questioned whether the corporation was distant enough from the state to perform these transactions, and after the lawsuit, the corporation was not used for a decade. He explained it was brought up to regulation last year, at which time, he discovered that the corporation held 40 state-owned properties. These properties were quick-deeded back to the state departments. Because the corporation does not have any further functions to perform and may not have the authority to do so, Mr. Mauer requested that the corporation be removed from statute. Representative May noted that most cities have this type of corporation, and asked whether the authority of those corporations are in jeopardy. Mr. Mauer replied that cities with these types of corporations are not affected by the lawsuit and that the legislative legal staff believes that the corporation could still operate. However, because the corporation is not functional and there are fees associated with maintaining the corporation, Mr. Mauer recommended that the corporation be removed from statute.

BILL:Capital Finance Corporation
TIME: 09:26:49 AM
MOVED:Morse
MOTION:Moved to approve drafting and introduction of a bill to eliminate the Capital Finance Corporation. The motion passed without objection.
SECONDED:Shaffer B.
VOTE
May
Morse
Penry
Excused
Weissmann
Shaffer B.
Carroll T.
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



09:27 AM

The committee decided that the bill would be carried by the Majority Leaders of both houses and that the bill will start in the Senate.


09:27 AM -- Other Business

Mr. Mauer revisited an issue previously considered but not acted upon by the committee: the suspension of 2010 interim committees. Mr. Mauer asked if the committee would like to go forward with a bill on this issue. President Shaffer clarified that he would want keep some committees in place and would like to determine on a case-by-case basis which committees to suspend. Mr. Mauer explained that the budget reduction measures approved by the Executive Committee called for the suspension of the statutory committees, but kept in place the following committees: the Joint Budget Committee, the Capital Development Committee, the Committee on Legal Services, the Legislative Audit Committee, the Executive Committee of Legislative Council, and Legislative Council. President Shaffer also raised the issue of bills and resolutions that create interim committees which are not approved by Legislative Council but are also not voted down. He stated that he would like to ensure that anything not approved by Legislative Council not go forward as an interim committee.

Mr. Mauer suggested that one way to address this issue is to make the Legislative Council the committee of reference for bills and resolutions that create interim committees. Representative Weissmann asked how a bill referred to a joint committee passes through the legislature. Speaker T. Carroll explained that the Committee on Legal Services could serve as the model for how the Legislative Council would operate. Senator Morse asked that it be written in a way that does not prohibit bills and resolutions from being dually-assigned.

Charley Pike, Office of Legislative Legal Services, recommended that the committee consider including language in the bill that authorizes changes to be made to the rules of the General Assembly, so that any legislative changes may be reflected in the legislative rules.

BILL:Other Business
TIME: 09:30:30 AM
MOVED:Morse
MOTION:Moved to approve the introduction of an Executive Committee bill that: makes Legislative Council the committee of reference for any bills and resolutions creating interim committees; suspends all interim committees for the 2010 legislative interim; and authorizes changes to be made to the rules of the General Assembly to reflect any legislative changes enacted in this bill. The motion passed on a 4-1-1 vote.
SECONDED:Shaffer B.
VOTE
May
Yes
Morse
Yes
Penry
Excused
Weissmann
No
Shaffer B.
Yes
Carroll T.
Yes
Final YES: 4 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



09:33 AM

Bart Miller, Office of Legislative Legal Services, requested that the committee approve payments to the Colorado Channel Authority, and shared a handout with the committee members (Attachment D).

0108AttachD.pdf
BILL:Other Business
TIME: 09:34:23 AM
MOVED:Weissmann
MOTION:Moved pursuant to the Executive Committee's authority to coordinate the televising of proceedings of the House of Representatives and the Senate pursuant to Section 2-3-303 (2)(f), C.R.S., with the Colorado Channel Authority, created in article 49.9 of title 24, C.R.S., that staff be directed to make payments to the Colorado Channel Authority upon submission of proper invoices by the Authority to the General Assembly. The motion passed without objection.
SECONDED:Shaffer B.
VOTE
May
Morse
Penry
Excused
Weissmann
Shaffer B.
Carroll T.
Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



09:35 AM

The committee adjourned.