House Committee on Finance (04/25/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:	04/25/2012	ATTENDANCE

Time:	01:32 PM to 06:51 PM	Acree	X
		Beezley	X
Place:	LSB A	Conti	X
		Holbert	X
This Meeting was called to order by		Hullinghorst	X
	Representative DelGrosso	Kagan	X
		Kefalas	X
This Report was prepared by		Labuda	X
	Ron Kirk	McCann	X
		Pabon	X
		Swalm	X
		Swerdfeger	X
		DelGrosso	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-015 SB12-044		Postponed Indefinitely Referred to Appropriations

01:33 PM -- Senate Bill 12-015 - Concerning State Tuition for Institutions of Higher Education

Representative Duran and Representative A. Williams, co-prime sponsors of Senate Bill 12-015, presented the bill. Representative Duran, prime sponsor, explained that Senate Bill 12-015 creates a new tuition classification of students at state-supported institutions of higher education: "standard-rate student for tuition purposes." Representative Duran noted that undocumented students pay a significant amount of federal and state taxes and these taxes should be considered when debating this legislation. Representative Williams closed by saying that this legislation will provide access to college for many students that will benefit many persons in society.

02:21 PM

Recess.

02:35 PM

The committee discussed the modified tuition rate in the bill and whether any tax dollars will fund Senate Bill 12-015. After a brief committee discussion, staff was asked to respond to questions about the fiscal note.

The following persons testified:

02:38 PM -- Mr. Josh Abram, Legislative Council Staff, responded to questions about the revenue impacts in the fiscal note.

03:08 PM -- Mr. Bill Vidal, representing the Hispanic Chamber of Commerce, testified in support of the legislation. Mr. Vidal spoke to the return on investment that the bill will afford in terms of income on persons who go to college under the legislation.

03:17 PM -- Mr. Ralph Nagel, representing Colorado Commission on Higher Education (CCHE), testified in support of the bill.

03:23 PM -- Mr. Hereford Percy, representing the Colorado Commission on Higher Education (CCHE), testified in support of the bill. Mr. Percy stated that CCHE feels strongly that the bill will provide much needed revenue to higher education. He stated that the bill furthers Colorado's economy and that the bill makes financial sense.

03:59 PM -- Mr. Chris Bray, representing himself as a small business owner, testified in support of the bill. Mr. Bray stated that as a business owner, he feels strongly about this issue. He stated that government uses revenue from taxpayers to pay for education and the state should continue the process of educating students at the college level. Mr. Bray closed by asking the committee to support the legislation.
The committee engaged in a discussion on federal immigration policy.

04:19 PM -- Professor Robert Hardaway, Sturm College of Law, Denver University, distributed a handout on federal immigration law (Attachment A) to the committee and testified in opposition of the bill. Professor Hardaway noted that the bill needs to conform with federal immigration law.

The committee engaged in a discussion on federal case law.

04:48 PM -- Mr. Bruce Baker, representing himself, testified in opposition of the bill.

04:58 PM -- Mr. John Brick, representing the Colorado Alliance for Immigration Reform, testified in opposition to the bill. Mr. Brick stated that the bill is a narrowly drafted proposal that benefits few and will not help the economy because it displaces legal workers with lower-paid non-legal workers. Mr. Brick closed by responding to questions from the committee.

05:03 PM -- Ms. Joy Athanasiou, representing herself as an immigration lawyer, testified in support of the bill. Ms. Athanasiou stated that the bill does not conflict with federal law and discussed the residency requirement in the bill. Ms. Athanasiou closed by discussing a California case outcome as it relates to the bill.

05:25 PM -- Mr. Jeffrey Koehler, representing himself, testified in support of the bill.

Prior to taking action on the bill, Representative Hullinghorst distributed and commented on a letter of support for the legislation (Attachment B).


BILL:	SB12-015
TIME:	05:28:33 PM
MOVED:	Kefalas
MOTION:	Refer Senate Bill 12-015 to the Committee on Appropriations. The motion failed on a vote of 6-7.
SECONDED:	Pabon
		VOTE
	Acree	No
	Beezley	No
	Conti	No
	Holbert	No
	Hullinghorst	Yes
	Kagan	Yes
	Kefalas	Yes
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	No
	Swerdfeger	No
	DelGrosso	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-015
TIME:	06:21:45 PM
MOVED:	Holbert
MOTION:	Moved to postpone Senate Bill 12-015 indefinitely. The motion passed on a vote of 7-6.
SECONDED:	Swalm
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Holbert	Yes
	Hullinghorst	No
	Kagan	No
	Kefalas	No
	Labuda	No
	McCann	No
	Pabon	No
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:32 PM -- Senate Bill 12-044 - Concerning Mass Transit Fare Payment

Representative Pabon, prime sponsor, explained that Senate Bill 12-044 creates a new class B traffic infraction for failure to pay the applicable fare or to present a valid transit pass or coupon while using public transportation. Under the bill, the infraction is punishable by a fine of $75.

The following persons testified:

06:37 PM -- Mr. Jeff Clayton, representing the Judicial Department, testified in support of the bill. Mr. Clayton commented on the bill and said that the County Sheriffs of Colorado endorse the bill. Mr. Clayton responded to questions from the committee concerning theft of public transportation.

06:41 PM -- Judge John Marcucci, representing the Denver County Court, testified in support of the bill. Judge Marcucci commented on the bill and crimes affected by the legislation. He commented on the Regional Transportation District trespass policy and the savings the state would realize from the legislation.


BILL:	SB12-044
TIME:	06:50:17 PM
MOVED:	Pabon
MOTION:	Refer Senate Bill 12-044 to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:	Acree
		VOTE
	Acree	Yes
	Beezley	Yes
	Conti	Yes
	Holbert	Yes
	Hullinghorst	Yes
	Kagan	Yes
	Kefalas	Yes
	Labuda	Yes
	McCann	Yes
	Pabon	Yes
	Swalm	Yes
	Swerdfeger	Yes
	DelGrosso	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:51 PM

The committee adjourned.