Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
FINANCE
Date:
02/09/2005
ATTENDANCE
Time:
01:05 PM
to
06:54 PM
Benefield
X
Cloer
*
Place:
HCR 0107
Crane
*
Frangas
*
This Meeting was called to order by
Garcia
X
Representative
Vigil
Jahn
X
Marshall
X
This Report was prepared by
Massey
X
Ron Kirk
May M.
X
McCluskey
X
Witwer
X
Judd
*
Vigil
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
Presentation by Department of Revenue
HB05-1129
HB05-1100
HB05-1118
HB05-1146
HB05-1046
HB05-1093
HB05-1189
HB05-1024
HB05-1051
HB05-1056
HB05-1053
N/A
Amended and Referred to the Committee on Approp.
Postponed Indefinitely
Postponed Indefinitely
Amended and Referred to the Committee on Approp.
Amended and Referred to the Committee on Approp.
Referred to the Committee on Appropriations
Amended and Referred to the Committee of the Whole
Referred to the Committee on Appropriations
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee on Approp.
Referred to the Committee on Appropriations
Presentation by the Colorado Department of Revenue
The following persons testified:
01:07 PM --
Mr. Nolan Jones, Chief Information Officer, and Mr. Richard Giardini, Taxpayer Services Group, Colorado Department of Revenue (DOR), commented on the programming costs of adding additional income tax checkoffs to the state income tax form in excess of the statutory limit of 12. Mr. Jones said the current system was developed in 1965 and can currently support 65 lines on the state income tax form. The most lines ever used by the DOR was 63 when all TABOR refund mechanisms were in effect in 2001. The department currently is using 48 lines and can accommodate additional tax checkoffs without incurring additional costs for programming. Mr. Jones noted that there may be a concern should all of the TABOR refund mechanisms become effective in the future.
Mr. Giardini commented on two options to fit the checkoffs on the Colorado state income tax Form 104 should there be more than 12 checkoff programs. First, the last page containing the checkoff descriptions could be dropped and replaced with a separate schedule of state income tax checkoffs. This schedule would be moved to Form 104. The other option would be to drop the second copy of the state Form 104 in the income tax booklet.
Representative Vigil commented on a bill he is sponsoring that would address the reporting requirements, the $150,000 limit for checkoff continuation, and the statutory 12 cap. Mr. Nolan commended that the system may have issues in the future should the number of checkoffs be increased. Mr. Giardini commented on the lines that would need to be added to the state income tax form when and if several TABOR refund mechanisms become effective in future years. Mr. Jones closed by commenting on a feasibility study that is looking at a new computer system.
The committee closed by discussing the future line limitation concern on the state's computer system should all of the TABOR refund mechanisms need to be added to the tax form and the number of income tax checkoff programs increase beyond the 12 cap.
01:24 PM -- House Bill 05-1129 - Concerning An Income Tax Credit For Renewable Energy Systems
Representative Plant, prime sponsor, explained House Bill 05-1129 allows an income tax credit equal to one half the installed cost of a new residential renewable energy system. The amount of the credit is capped at $10,000, but unused portions of the credit may be carried forward for up to five years. He explained that the bill requires that any forms filed with the Department of Revenue be accompanied by copies of receipts, bills, or other documentation to justify the credit.
The committee discussed placing a 10-year repealer on House Bill 05-1129 and a technical change that would make the income tax credit effective on January 1 of the 2005 tax year.
The following persons testified:
01:34 PM --
Mr. Morey Nolfson, Colorado Renewable Energy Society, testified in support of the measure. He commented that now is the time to implement renewable energy credits because it can help stimulate Colorado's economy.
01:35 PM --
Mr. Fred Staffel, Vice President for Policy Development, Xcel, testified in support of the legislation and commented that the implementation of Amendment 37 is a significant undertaking for Xcel. He stated that the tax credit will bring down the cost of solar energy.
The committee asked whether Amendment 37 mandates that a credit be provided to make renewable energy systems viable. Mr. Staffel responded saying that to satisfy the voter mandate, moneys would have to either be funded through the state General Fund or through increased utility fees to fund an Xcel credit for renewable energy.
Representative Frangas distributed amendment L.002 (Attachment A) to committee members and explained that the amendment would strike the definition of "biomass" as a renewable energy source because it is not a practical way to produce electricity.
BILL:
HB05-1129
TIME:
01:50:07 PM
MOVED:
Frangas
MOTION:
Moved amendment L.002. (The amendment would strike the definition of "biomass" as a renewable energy source because it not a practical way to produce electricity.) The motion passed without objection by those members present.
SECONDED:
Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1129
TIME:
01:54:33 PM
MOVED:
Garcia
MOTION:
Moved a conceptual amendment to make the credit temporary. (The credit would become available beginning January 1, 2005, and extend for ten years through the 2015 tax year.) The motion passed without objection by those members present.
SECONDED:
Frangas
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1129
TIME:
01:56:39 PM
MOVED:
Garcia
MOTION:
Refer HB 05-1129, as amended, to the Committee on Appropriations. The motion passed on a 12-1-0 vote.
SECONDED:
Marshall
VOTE
Benefield
Yes
Cloer
Yes
Crane
No
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
12
NO:
1
EXC:
0
ABS:
0
FINAL ACTION:
PASS
01:59 PM -- House Bill 05-1100 - Concerning the Quarterly Exemption From the Tax on the Severance Of Coal
Representative Ragsdale, prime sponsorer, explained that House Bill 05-1100 would make the coal industry more competitive and corrects a misinterpretation of a 1999 bill. She indicated that because the Department of Revenue's interpretation of the law seems to be following the intent of the initial 1999 legislation, there is no need for House Bill 05-1100 at this time. Representative Ragsdale asked the committee to postpone House Bill 05-1100 indefinitely.
BILL:
HB05-1100
TIME:
02:00:15 PM
MOVED:
Garcia
MOTION:
Moved to postpone HB 05-1100 indefinitely. The motion passed on a 11-0-2 vote.
SECONDED:
McCluskey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Excused
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Excused
Judd
Yes
Vigil
Yes
Final YES:
11
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
02:06 PM -- House Bill 05-1118 - Concerning the Retention of State Revenues For Funding Public Education
Representative Weissmann, prime sponsor, commented that House Bill 05-1118 asks voters to retain surplus revenues to fund public education. Representative Weissmann noted that TABOR allows the state to ask voters to retain excess revenues for specific purposes.
The committee discussed whether House Bill 05-1118 would work as a long-term solution to the state's fiscal problems. Representative Garcia commented that both TABOR and Amendment 23 need to be addressed as part of a budgetary solution and House Bill 05-1118 does not address TABOR.
The following person testified:
02:15 PM -- Ms. Vicki Agler, National Federation of Independent Business, did not take a position on the bill and commented that any budgetary solution must address a reduction in the business personal property tax for businesses in Colorado.
The committee briefly discussed that the bill is not an appropriate fix to the state's long-term budgetary issue.
BILL:
HB05-1118
TIME:
02:19:03 PM
MOVED:
Garcia
MOTION:
Moved to postpone HB 05-1118 indefinitely. The motion passed on a 13-0-0 vote.
SECONDED:
Marshall
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
13
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
02:21 PM -- House Bill 05-1146 - Concerning An Income Tax Credit for the Motion Picture Industry
Representative Massey, prime sponsor, distributed: amendments L.001 (Attachment B) and L.002 (Attachment C); a letter from Senator Hagedorn on the motion picture industry (Attachment D); and a memorandum on the fiscal impact of the bill (Attachment E) should amendment L.001 be adopted. Representative Massey explained the strike-below amendment (amendment L.001).
The committee discussed the types of films that would be eligible for the credit, and how the income tax credit would be paid for. The committee also discussed whether the promotion of the film industry in Colorado would benefit smaller communities.
The following persons testified:
02:29 PM
-- Mr. Brian Vogt, Executive Director of the Colorado Office of Economic Development and International Trade, testified in support of the bill. Mr. Vogt discussed the history of the Colorado Film Commission in Colorado. The film industry has traditionally brought in out-of-state dollars to Colorado communities. He stated that Colorado is at a competitive disadvantage because of the tax credits that are given by other states to the film industry.
The committee discussed the types of production companies that would be eligible for the tax incentives and the types of goods and services that would qualify for the state sales tax exemption. The committee discussed the types of films that would qualify for tax incentives and discussed whether adult films would qualify for the incentives. Mr. Vogt commented that choosing winners or the types of films that may bring the best benefits to Colorado may not be advisable.
The committee discussed whether the office could implement the legislation with current resources. Mr. Vogt responded by saying that the office has personnel to implement the bill without adding an FTE to the office. Mr. Vogt noted that the motion picture film industry can bring in new wealth to the state the same way in which tourism promotion brings in new wealth to the state. As an example of local economic development, Mr. Vogt discussed several localized companies that were formed to support the film industry when it was vibrant in the 1980s.
03:01 PM --
Mr. Denis Berkfeldt, President of Colorado Local of the American Federation of Television and Radio Artists, a member of the Screen Actors Guild, and actor, testified in support of the legislation and distributed handouts on his testimony (Attachment F) and an article on films shot in locations other than Colorado (Attachment G). Mr. Berkfeldt discussed the films that are shot in other states. As an example, "Touched By An Angel" and Everwood" were shot in Utah and depicts Colorado landscapes. Therefore, the jobs created by the industry went to localized companies in Utah rather than Colorado. He stated that House Bill -05-1146 would bring jobs to Colorado by providing an incentive for film producers to make films in Colorado. He noted that Colorado is highly accessible by air, has a large talent pool of actors, but that Colorado needs more tax incentives for the motion picture movie industry. He indicated that the bill is the first step in making Colorado a leader in film production.
Mr. Berkfeldt commented that Utah just passed a similar tax incentive bill for the motion picture film industry. The committee discussed whether Colorado provides disincentives to film producers wishing to produce films in Colorado and discussed the incentives that Canada provides to the American film industry. Mr. Berkfeldt responded by saying that Canada provides direct credits to companies and the Canadian dollar is weak in relation to the American dollar which provides an incentive to American producers to shoot films in Canada. Mr. Berkfeldt commented that Colorado needs to invest in its own home-grown film industry.
03:14 PM --
Ms. Donna Dewey, film producer, testified in support of the legislation and discussed the revenue Colorado could reap from the motion picture film industry if House Bill 05-1146 were to pass. The committee discussed the types of supplies that would qualify for the sales tax exemption. Mr. Dewey commented that film production companies lease and rent a number of products that would qualify for the state sales tax exemption. Mr. Dewey closed by discussing the actual dollars that are spent on a typical film set.
03:23 PM --
Mr. Don Bendell, Bendell Intermodal Group, Inc., representing taxpayers and film-makers of Colorado, testified in support of the legislation. Mr. Bendell commented that Canada gives a 5 to 1 tax break to film-makers. He commented that a dollar will provide communities with a five-fold return.
03:30 PM --
Mr. Brooke Johnson, Coloradofilmlocations.com, testified in support of the legislation. Mr. Johnson commented on the revenue that is generated by the state whenever commercials are shot in Colorado. He commented that House Bill 05-1146 could provide a valuable incentive to companies that shoot commercials in Colorado.
03:34 PM --
Mr. Bill McLain, Vice President for the Screen Actors Guild in Colorado, testified in support of the legislation and commented on the tax incentives that are provided by other states to the motion picture film industry. Mr. McLain noted that the tax incentives that New Mexico provides to film makers have resulted in significant tax revenue. Mr. McLain closed by discussing some of the states that have lost millions of dollars of revenue because they don't provide tax incentives to the motion picture film industry.
03:41 PM --
Mr. John Singer, Screen Actors Guild, testified in support of the legislation. He commented on the number of films that were made in Colorado in the 60s and 70s, but noted that this is no longer the case. He indicated that when films are made in Colorado, local actors and resources are used which provide a significant indirect benefit to Colorado. At this time, he mentioned that other states did not provide financial incentives to the motion picture film industry. Over the years, other states have provided incentives and have lured the film industry away from Colorado. He stated that House Bill 05-1146 will help reverse this trend.
.
03:44 PM --
Mr. Dave Schaaf, a free-lance sound professional, testified in support of the legislation and commented on the dollars that could come into Colorado from House Bill 05-1146. He closed by saying that Colorado is a very desirable location to film motion pictures.
BILL:
HB05-1146
TIME:
03:50:00 PM
MOVED:
Garcia
MOTION:
Moved amendment L.001, as amended. (The strike below amendment L.001 limits the tax incentive to a state sales and use tax exemption for any production goods and services that are purchased or leased by a production company that engages in production activities in the state for the purpose of producing all or any portion of a film.) The motion passed on a 10-3-0 vote.
SECONDED:
Frangas
VOTE
Benefield
Yes
Cloer
No
Crane
Yes
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
No
Judd
No
Vigil
Yes
Not Final YES:
10
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
HB05-1146
TIME:
04:01:33 PM
MOVED:
Garcia
MOTION:
Moved a conceptual amendment that would sunset the legislation after 10 years. The motion failed on a 7-5-1 vote.
SECONDED:
Judd
VOTE
Benefield
Yes
Cloer
No
Crane
No
Frangas
No
Garcia
Yes
Jahn
No
Marshall
No
Massey
No
May M.
Excused
McCluskey
No
Witwer
Yes
Judd
Yes
Vigil
Yes
Not Final YES:
5
NO:
7
EXC:
1
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1146
TIME:
04:03:47 PM
MOVED:
Massey
MOTION:
Moved amendment L.002. (The amendment makes a technical date change and adds a safety clause.) The motion passed without objection by those members present.
SECONDED:
Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1146
TIME:
04:17:53 PM
MOVED:
Cloer
MOTION:
Moved a conceptual amendment that would prohibit adult films from claiming any tax incentives under the bill. After a brief committee discussion, the chairman disallowed the conceptual amendment.
SECONDED:
Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
BILL:
HB05-1146
TIME:
04:21:36 PM
MOVED:
Frangas
MOTION:
Moved a conceptual amendment that would authorize the Office of Economic Development to use its own discretion on the films that would provide benefit to communities. (The intent being to prohibit adult films from gaining any tax incentives under the legislation.) The motion failed on a 8-5-0 vote.
SECONDED:
Jahn
VOTE
Benefield
No
Cloer
No
Crane
No
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
No
Massey
Yes
May M.
No
McCluskey
Yes
Witwer
Yes
Judd
No
Vigil
No
Not Final YES:
5
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1146
TIME:
04:28:05 PM
MOVED:
Judd
MOTION:
Moved to amend amendment L.001, page 3, line 7, strike delivery and substitute recording (technical amendment). The motion passed without objection by those members present.
SECONDED:
McCluskey
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1146
TIME:
04:29:50 PM
MOVED:
Massey
MOTION:
Refer HB 05-1146, as amended, to the Committee on Appropriations. The motion passed on a 10-3-0 vote.
SECONDED:
Marshall
VOTE
Benefield
Yes
Cloer
No
Crane
Yes
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Yes
McCluskey
Yes
Witwer
Yes
Judd
No
Vigil
Yes
Final YES:
10
NO:
3
EXC:
0
ABS:
0
FINAL ACTION:
PASS
04:32 PM -- House Bill 05-1046 - Concerning Dynamic Modeling to Analyze Tax Policy Changes
Representative McCluskey, prime sponsor, explained that House Bill 05-1046 would require that dynamic modeling could be required for up to ten bills a year that make a tax policy change. Representative McCluskey described the use of dynamic modeling and distributed amendment L.002 (Attachment H) to committee members. He also distributed a Legislative Council Staff memorandum on the impact of amendment L.002 (Attachment I). He explained that amendment L.002 (strike below) authorizes the Executive Director of the Legislative Council Staff to establish a pilot program for the purpose of creating or procuring a dynamic model to analyze the economic impact of up to ten bills per year that result in a tax policy change. Representative Judd distributed amendment L.003 (Attachment J) to committee members.
The following persons testified:
04:45 PM
-- Dr. Richard Wobbekind, representing Economic Developers Council and the University of Colorado at Boulder, testified in support of the legislation. Dr. Wobbekind noted dynamic modeling is a helpful way to look at certain policies because it incorporates the indirect and secondary effects of a tax policy change. One important aspect of dynamic modeling is that it allows users to evaluate the long-term effect of a tax policy change on the economy. Dynamic modeling results do a much better job of showing the cost/benefit analysis of tax policy changes than static modeling. He noted that dynamic modeling will also help the legislature make more difficult policy changes by allowing legislators to make better decisions on legislation that may stimulate the economy in the long-run.
Dr. Wobbekind discussed the differences between dynamic and static analysis on tax policy changes. Dynamic modeling would look at secondary effects on the longer-term outlook. He suggested that the state should incorporate dynamic modeling in the tax policy process. Dr. Wobbekind discussed the input-output systems that are part of dynamic modeling and discussed their application to a wide range of secondary impacts. The committee discussed different applications for dynamic modeling and questioned whether it could be applied to education and other policy issues. Dr. Wobbekind closed by saying that dynamic modeling would help the legislature make better, long-term, policy decisions.
In a closing brief committee discussion, Dr. Wobbekind discussed some state-specific applications for dynamic modeling and Colorado's need for the state to develop a state-specific model rather than purchase a canned model.
05:10 PM --
Mr. Jim Zelenski, Center for Fiscal Policy, took a neutral position on the bill and distributed a position paper (Attachment K) to committee members. Mr. Zelenski commented on the TABOR implications tied to dynamic modeling. He closed by saying that he would like to see the bill contain expenditure effects as well as revenue impacts.
05:15 PM --
Ms. Debbie Woodward, representing the Colorado Leadership Coalition and the Jefferson Economic Council, testified in support of the measure and noted that the Jefferson Economic Council uses dynamic modeling for local government tax policy changes. She stated that the legislation will give the legislature the tools needed to enact economic development bills. Ms. Woodward closed by discussing the multiplier effect of job creation and how it could affect state and local government long-term revenues.
05:20 PM --
Ms. Vicki Agler, National Federation of Independent Business (NFIB), testified in support of the legislation. She pointed out that, dynamic modeling is often an important part of a business plan. She explained that without such a tool, the business personal property tax will never be reduced.
05:23 PM --
Mr. Herb Homan, Colorado Senior Lobby, also representing himself, testified in support of the bill. He explained that any mechanism that provides more information on a measure is favorable. He discussed the time-frame for producing static fiscal notes and the additional demands placed on the fiscal note staff should dynamic modeling be implemented. Mr. Homan suggested that in the future, the legislature should keep better track of the General Fund impact that is associated with tax incentives.
05:29 PM --
Mr. Mike Mauer, Chief Economist, Legislative Council Staff, commented on the implementation of dynamic modeling. He commented that he is in favor of any tool that provides the General Assembly more capabilities to analyze tax policy changes. He stressed the importance of the assumptions that go into modeling and how minor changes can result in different outcomes. Additionally, Mr. Mauer briefly discussed other states that were not satisfied with model results. He stated that the modeling results did not meet the legislator's expectations. Mr. Mauer suggested that the state look into a state-specific model that would account for TABOR, Gallagher, and other constitutional measures.
The committee discussed whether a more broad-based advisory committee would be beneficial than the one established in amendment L.002. The discussion closed by deciding on a dollar amount ($170,000) that would be inserted into amendment L.002 (Page 3, line 9) that would trigger the project's inception by the Director of Research of the Legislative Council Staff.
BILL:
HB05-1046
TIME:
05:39:13 PM
MOVED:
McCluskey
MOTION:
Moved amendment L.002 (strike below), as amended. The motion passed without objection by those members present.
SECONDED:
Cloer
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1046
TIME:
05:44:58 PM
MOVED:
Judd
MOTION:
Moved amendment L.003. (The amendment would have expanded the use of dynamic modeling to all types of tax policy changes.) After a brief committee discussion, the chairman ruled the amendment did not fit under the bill's title.
SECONDED:
Garcia
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
BILL:
HB05-1046
TIME:
05:45:30 PM
MOVED:
McCluskey
MOTION:
Moved to amend amendment L.002, page 3, line 9, fill in the blank with $170,000. The motion passed without objection by those members present.
SECONDED:
Crane
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1046
TIME:
05:47:35 PM
MOVED:
McCluskey
MOTION:
Refer HB 05-1046, as amended, to the Committee on Appropriations. The motion passed on a 9-3-1 vote.
SECONDED:
Massey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
No
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
No
Vigil
Yes
Final YES:
9
NO:
3
EXC:
1
ABS:
0
FINAL ACTION:
PASS
05:49 PM -- House Bill 05-1093 - Concerning Background Checks in Adoption Cases
Representative Solano, prime sponsor, distributed a fact sheet (Attachment L) on House Bill 05-1093 and explained the provisions of the bill. The bill would require fingerprint-based background checks utilizing state (CBI) and federal (FBI) databases in all adoptions of prospective parents.
The following person testified:
05:55 PM
-- Judge Brian Boatright, 1st Judicial Branch, testified in support of the proposal. Judge Boatright commented that should the bill pass, it would require that more up-to-date and reliable information be obtained on persons before they adopt children.
BILL:
HB05-1093
TIME:
06:01:29 PM
MOVED:
Cloer
MOTION:
Refer HB 05-1093 to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:
Marshall
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
06:04 PM -- House Bill 05-1189 - Voluntary Contributions for Court-Appointed Special Advocates (CASA)
Representative Soper, prime sponsor, began by explaining background information that led to the bill's inception. For income tax years prior to January 1, 2005, current law provides for a voluntary income tax checkoff whereby individuals may designate a contribution to the Court-Appointed Special Advocates Fund. House Bill 05-1189 changes the name of the fund to the Child Abuse and Neglect Fund and extends the repeal date until January 1, 2008. Representative Soper distributed amendment L.002 (Attachment M) and explained that it changes the program's title to the Child Abuse and Neglect Fund.
The following persons testified:
06:06 PM --
Ms. Andi Leopoldus, Court-Appointed Special Advocates (CASA), testified in support of the legislation and provided an overview of the organization. She distributed a CASA handout (Attachment N) and commented that CASA is requesting a name change to better reflect what CASA does.
06:10 PM --
Ms. Lori Burkey, CASA, testified in support of the legislation. She commented that child abuse is on the rise in Colorado and that the number of delinquency and neglect cases have increased. Ms. Burkey explained CASA and the help it has given to over 2,000 children in Colorado. She stated that CASA is one of the most cost-effective ways to address the problems of child neglect. Ms. Burkey closed by saying that CASA is not dependent on the tax checkoff contributions, but that the moneys make up a significant amount of CASA revenues.
06:17 PM --
Ms. Brenda Morrison, citizen, and Kaylene Shawn Morrison (adopted child), testified in support of the legislation and commented that Kaylene has a fantastic CASA volunteer. Kaylene was removed from a questionable foster care home with nine other children. The CASA volunteer pushed for Kaylene to be placed in a preferable home.
06:22 PM --
Ms. Christine Bess, CASA, testified in support of the legislation.
06:24 PM --
Judge Brian Boatright, 1st Judiciary District, testified in support of the legislation.
BILL:
HB05-1189
TIME:
06:24:56 PM
MOVED:
Cloer
MOTION:
Moved amendment L.002. (The amendment changes the name of the fund to the "Abused and Neglected Childrens Advocacy Fund.) The motion passed without objection by those members present.
SECONDED:
Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1189
TIME:
06:27:42 PM
MOVED:
McCluskey
MOTION:
Refer HB 05-1189, as amended, to the Committee of the Whole. The motion passed on a 11-1-1 vote.
SECONDED:
Jahn
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
11
NO:
1
EXC:
1
ABS:
0
FINAL ACTION:
PASS
06:29 PM -- House Bill 05-1024 - Concerning the Addition of a State Income Tax Checkoff Program for the Dropout Prevention Activity Grant Program (for action only)
Representative Vigil, chairman, placed the bill on the table for action.
BILL:
HB05-1024
TIME:
06:29:11 PM
MOVED:
Cloer
MOTION:
Refer HB 05-1024 to the Committee on Appropriations. The motion passed on a 11-1-1 vote.
SECONDED:
Jahn
VOTE
Benefield
Yes
Cloer
Yes
Crane
No
Frangas
Yes
Garcia
Yes
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
11
NO:
1
EXC:
1
ABS:
0
FINAL ACTION:
PASS
06:31 PM -- House Bill 05-1051 - Concerning an Extension of the Colorado Watershed Protection Fund Checkoff (for action only)
Representative Vigil, chairman, placed the bill on the table for action.
BILL:
HB05-1051
TIME:
06:31:28 PM
MOVED:
Cloer
MOTION:
Moved amendment L.001 (Attachment O). (The amendment would remove the provision that exempts the checkoff from the $150,000 threshold.) The motion passed without objection by those members present.
SECONDED:
Marshall
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1051
TIME:
06:33:25 PM
MOVED:
Marshall
MOTION:
Refer HB 05-1051, as amended, to the Committee of the Whole. The motion passed on a 11-1-1 vote.
SECONDED:
Massey
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
11
NO:
1
EXC:
1
ABS:
0
FINAL ACTION:
PASS
06:37 PM -- House Bill 05-1056 - Concerning the Addition of a State Income Tax Checkoff Program for the Alzheimer's Association Fund (for action only)
Representative Vigil, chairman, placed the bill on the table for action.
BILL:
HB05-1056
TIME:
06:38:37 PM
MOVED:
Cloer
MOTION:
Moved amendment L.002 (Attachment P) (technical change). The motion passed without objection by those members present.
SECONDED:
Benefield
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1056
TIME:
06:40:08 PM
MOVED:
Marshall
MOTION:
Refer HB 05-1056, as amended, to the Committee on Appropriations. The motion passed on a 11-1-1 vote.
SECONDED:
Cloer
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
Yes
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
11
NO:
1
EXC:
1
ABS:
0
FINAL ACTION:
PASS
06:43 PM -- House Bill 05-1053 - Concerning the Addition of a State Income Tax Checkoff Program for the Military Personnel Assistance Fund (for action only)
Representative Vigil, chairman, placed the bill on the table for action.
BILL:
HB05-1053
TIME:
06:43:17 PM
MOVED:
Cloer
MOTION:
Moved amendment L.001 (Attachment Q). (The amendment would expedite the process of distributing funds to the Military Personnel Assistance Fund.) After a brief committee discussion, the chairman ruled the amendment did not fit under the bill title.
SECONDED:
Crane
VOTE
Benefield
Cloer
Crane
Frangas
Garcia
Jahn
Marshall
Massey
May M.
McCluskey
Witwer
Judd
Vigil
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
BILL:
HB05-1053
TIME:
06:53:33 PM
MOVED:
Cloer
MOTION:
Refer HB 05-1053 to the Committee on Appropriations. The motion passed on a 10-2-1 vote.
SECONDED:
Crane
VOTE
Benefield
Yes
Cloer
Yes
Crane
Yes
Frangas
Yes
Garcia
No
Jahn
Yes
Marshall
No
Massey
Yes
May M.
Excused
McCluskey
Yes
Witwer
Yes
Judd
Yes
Vigil
Yes
Final YES:
10
NO:
2
EXC:
1
ABS:
0
FINAL ACTION:
PASS
06:54 PM
Adjourn.