Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
FINANCE
Date:
04/28/2005
ATTENDANCE
Time:
11:49 AM
to
01:29 PM
Benefield
X
Cloer
X
Place:
HCR 0107
Crane
X
Frangas
X
This Meeting was called to order by
Garcia
X
Representative
Vigil
Jahn
*
Marshall
X
This Report was prepared by
Massey
X
Ron Kirk
May M.
E
McCluskey
X
Witwer
X
Judd
*
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1341
SB05-013
SB05-006
HCR05-1005
HJR05-1051
HJR05-1052
Amended, Referred to the Committee of the Whole
Referred to Committee on Appropriations
Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Laid Over
Postponed Indefinitely
11:51 AM -- House Bill 05-1341 - Concerning Lease Purchase Agreements
Representative McFadyen, prime sponsor, explained that subject to approval, House Bill 05-1341 authorizes state departments and institutions of higher education to enter into lease agreements for up to 30 years for rental of an approved building project. Such approval must be given by the Office of State Planning and Budgeting (OSPB), the Colorado Commission on Higher Education (CCHE), the Capital Development Committee (CDC), and the Joint Budget Committee (JBC). After a brief committee discussion, a spokesperson from the Office of State Planning and Budgeting was asked to respond to committee questions.
The following person testified:
11:55 AM --
Mr. Henry Sobanet, Director for the Office of State Planning and Budgeting, commented on the bill and mentioned that House Bill 05-1341 would not be an appropriate way to finance all new buildings but can be a good financing tool for certain projects.
Representative McFadyen distributed amendment L.001 (Attachment A) to committee members and explained that the amendment strikes provisions regarding prior approval for buildings that have already been approved for funding.
BILL:
HB05-1341
TIME:
12:01:24 PM
MOVED:
Jahn
MOTION:
Moved amendment L.001 (the amendment strikes provisions regarding prior approval for buildings that have already been approved). The motion passed without objection by those members present.
SECONDED:
Cloer
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
Excused
McCluskey
Witwer
Judd
Excused
Vigil
Not Final YES:
0
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1341
TIME:
12:02:28 PM
MOVED:
Marshall
MOTION:
Refer HB 05-1341, as amended, to the Committee of the Whole. The motion passed on a 10-1-2 vote.
SECONDED:
Frangas
VOTE
Benefield
Yes
Cloer
No
Crane
Yes
Frangas
Yes
Garcia
Excused
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
10
NO:
1
EXC:
2
ABS:
0
FINAL ACTION:
PASS
12:03 PM -- Senate Bill 05-013 - Concerning the Requirement of a Criminal History Record Check Upon Renewal of Certain Licenses
Representative Marshall, prime sponsor, explained the provisions of the bill and explained the legislation requires individuals applying for renewal of real estate broker or salesperson licenses to first submit fingerprints and a fee to the Colorado Bureau of Investigation for a background check.
After a brief committee discussion, the bill was placed on the table for action.
BILL:
SB05-013
TIME:
12:11:43 PM
MOVED:
Marshall
MOTION:
Refer SB 05-013 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
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
12
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
PASS
12:12 PM -- Senate Bill 05-006 - Concerning the Suspension of Professional Licenses for Failure To Pay State Debts (laid over from Wednesday, April 27, 2005)
Representative Schultheis, prime sponsor, continued to discuss the provisions in the bill that pertain to due process and the determination of whether a person owes the state a debt. Representative Vigil, Chairman, asked a spokesperson from the Department of Revenue to respond to committee questions regarding the department's administration of state debt owed by taxpayers.
The following persons testified:
12:19 PM --
Ms. Diane Reimer and Mr. Tim Torsney, Colorado Department of Revenue, responded to committee questions. Mr. Torsney commented on the income tax collection process and the department's policies that apply to taxpayers who protest state debts. Mr. Torsney distributed a handout on protested assessments (Attachment B) and the income tax collection process (Attachment C) to committee members.
12:30 PM --
Mr. Mike Cullen, Colorado Department of Labor and Employment, responded to committee questions.
Representative Schultheis distributed amendment L. 004 (Attachment D) and explained that the amendment addresses the committee's concerns about due process in the legislation.
BILL:
SB05-006
TIME:
12:40:22 PM
MOVED:
Vigil
MOTION:
Moved amendment L.004 (the amendment addresses the due process issue). The motion passed without objection by those members present.
SECONDED:
Massey
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
Excused
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-006
TIME:
12:41:32 PM
MOVED:
Vigil
MOTION:
Refer SB 05-006, as amended, to the Committee on Appropriations. The motion failed on a 9-3-1 vote.
SECONDED:
Crane
VOTE
Benefield
No
Cloer
No
Crane
Yes
Frangas
No
Garcia
No
Jahn
No
Marshall
No
Massey
No
May M.
Excused
McCluskey
No
Witwer
No
Judd
Yes
Vigil
Yes
Not Final YES:
3
NO:
9
EXC:
1
ABS:
0
FINAL ACTION:
FAIL
BILL:
SB05-006
TIME:
12:47:29 PM
MOVED:
Garcia
MOTION:
Moved to postpone SB 05-006 indefinitely. The motion passed on a 7-5-1 vote.
SECONDED:
Marshall
VOTE
Benefield
Yes
Cloer
Yes
Crane
No
Frangas
No
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
No
Witwer
No
Judd
Yes
Vigil
No
Final YES:
7
NO:
5
EXC:
1
ABS:
0
FINAL ACTION:
PASS
12:50 PM -- House Joint Resolution 05-1005 - Concerning TABOR Refund Mechanisms
Representative Cadman, prime sponsor, explained the provisions of the resolution. Representative Cadman explained the concurrent resolution submits a question to voters to amend Article X, Section 20 of the state constitution (TABOR) to require voter approval in advance to create or change an existing method for refunding excess state revenues. The resolution also repeals all refund methods created prior to January 1, 2006, that are not approved by voters by January 1, 2011. Representative Cadman distributed amendment L.001 (Attachment E) and explained the amendment makes the resolution compatible with a state income tax rate reduction that is proposed in HB 05-1194.
The following person testified:
12:58 PM
-- Mr. Ben Stein, Deputy State Treasurer, distributed a TABOR refund table (Attachment F) and a news article on refunds (Attachment G) to committee members and commented on the provisions in HCR 05-1005.
The committee briefly discussed the TABOR refund mechanisms allowed under current law and the resolution was placed in the table for action.
BILL:
HCR 05-1005
TIME:
01:10:42 PM
MOVED:
Frangas
MOTION:
Moved a conceptual amendment to require the measure to be submitted to voters in the November 2006, General Election. The motion passed without objection by those members present.
SECONDED:
Cloer
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
Excused
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HCR 05-1005
TIME:
01:14:15 PM
MOVED:
Cloer
MOTION:
Moved amendment L.001 to make the bill compatible with the state income tax rate reduction proposed in House Bill 05-1194. The motion passed without objection by those members present.
SECONDED:
Crane
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
Excused
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HCR 05-1005
TIME:
01:16:31 PM
MOVED:
Cloer
MOTION:
Refer HCR 05-1005, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:
Massey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
12
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
PASS
01:19 PM -- House Joint Resolution 05-1051 - Concerning the Death Tax (federal estate tax)
Representative Cadman, prime sponsor, discussed the federal estate tax and reasons for repealing the tax permanently. The resolution was placed on the table for action.
BILL:
HJR 05-1051
TIME:
01:24:50 PM
MOVED:
Cloer
MOTION:
Refer HJR 05-1051 to the Committee of the Whole. The motion failed on a 6-6-1 vote.
SECONDED:
Massey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
No
Garcia
No
Jahn
No
Marshall
No
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
No
Vigil
No
Not Final YES:
6
NO:
6
EXC:
1
ABS:
0
FINAL ACTION:
TIE
BILL:
HJR 05-1051
TIME:
01:25:46 PM
MOVED:
Garcia
MOTION:
Moved to postpone HJR 05-1051 indefinitely. The motion failed on a 6-6-1 vote. After a brief committee discussion, the resolution was pulled off the table.
SECONDED:
Vigil
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
No
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
No
May M.
Excused
McCluskey
No
Witwer
No
Judd
Yes
Vigil
Yes
Not Final YES:
6
NO:
6
EXC:
1
ABS:
0
FINAL ACTION:
TIE
After a brief committee discussion, the resolution was pulled off the table.
01:26 PM -- House Joint Resolution 05-1052 - Concerning the Repeal of the Federal Excise Tax on Telecommunications
Representative Cadman, prime sponsor, explained that the resolution requests Congress to repeal the federal excise tax on telecommunications (federal Universal Service Charge). After a brief discussion, the resolution was placed on the table for action.
BILL:
HJR 05-1052
TIME:
01:28:18 PM
MOVED:
Cloer
MOTION:
Moved to refer HJR 05-1052 to the Committee of the Whole. The motion failed on a 7-5-1 vote.
SECONDED:
Crane
VOTE
Benefield
No
Cloer
Yes
Crane
Yes
Frangas
No
Garcia
No
Jahn
No
Marshall
No
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
No
Vigil
No
Not Final YES:
5
NO:
7
EXC:
1
ABS:
0
FINAL ACTION:
FAIL
BILL:
HJR 05-1052
TIME:
01:29:02 PM
MOVED:
Garcia
MOTION:
Moved to postpone HJR 05-1052 indefinitely. The motion passed on a 7-5-1 vote.
SECONDED:
Frangas
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
No
May M.
Excused
McCluskey
No
Witwer
No
Judd
Yes
Vigil
Yes
Final YES:
7
NO:
5
EXC:
1
ABS:
0
FINAL ACTION:
PASS
01:29 PM
Adjourn.