House Committee on Finance (03/04/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:	03/04/2009	ATTENDANCE

Time:	09:50 AM to 03:06 PM	Apuan	X
		Benefield	X
Place:	LSB A	Gerou	X
		Kefalas	X
This Meeting was called to order by		Kerr A.	X
	Representative Judd	Lambert	X
		Roberts	X
This Report was prepared by		Summers	X
	Ron Kirk	Swalm	X
		Frangas	X
		Judd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1288 HB09-1266 SB09-017 SB09-126		Referred to Appropriations Referred to Appropriations Referred to the Committee of the Whole Referred to the Committee of the Whole

09:50 AM -- House Bill 09-1288 - Concerning the Tax Transparency Act

Representative Nikkel, prime sponsor, explained the provisions of the bill. She explained that the bill requires the Governor's Office of Information Technology (OIT) to create and maintain a searchable database website with revenue and expenditure data from the state's Financial Data Warehouse (FDW). The FDW is a tool that allows a user to obtain information from the state's accounting system. Representative Nikkel noted that the bill requires each state agency website to include a link to the searchable budget database. The database must be made publicly available no later than January 1, 2010. After a brief committee discussion, testimony was taken. Representative Nikkel distributed amendment L.001 (Attachment A) to the committee and noted that it would be discussed during the amendment phase of the hearing.

The following persons testified:

09:56 AM -- Mr. Joshua Culling, National Taxpayers Union, testified in support of the bill and distributed a handout on his testimony (Attachment B).

10:09 AM -- Mr. Cleve Tidwell, representing himself, testified in support of the legislation. He closed by saying that people in Colorado want to know how their taxpayer money is being spent. This bill accomplishes the goal of making government more transparent.

10:17 AM -- Mr. Terry Mangan, representing himself, testified in support of a bill that was not before the committee.

10:20 AM -- Mr. Charley Able, former reporter for the Rocky Mountain News, testified in support of the bill. This bill will make it possible for people in Colorado to know how their state government spends its taxpayer dollars. Mr. Able discussed other websites in the United States that make their government budgets more transparent. He closed by urging the committee to support House Bill 09-1288.

The committee discussed security issues that are tied to searchable databases that are placed on the Internet. Mr. Able responded to the discussion by noting that the legislation (House Bill 09-1288) would ensure a greater amount of security than a searchable budget database that would result from an executive order by the Governor.

10:44 AM -- Mr. David K.Williams Jr., Libertarian Party of Colorado, testified in support of the bill. Mr. Williams continued by saying that we believe that individuals in Colorado should be empowered and this bill accomplishes this goal. He closed by discussing the expenditure in the fiscal note and mentioned that most websites cost about $4.95 to place on the Internet. The committee discussed the information that would be placed on the searchable database under the bill and the filtering process that would ensure that sensitive information is not made public. Mr. Williams noted that a breech of confidential information should not be an issue given the provisions of the bill.

10:51 AM -- Mr. Jack Ott, Coalition for a Conservative Majority, testified in support of the bill and discussed the need for the bill.

10:53 AM -- Mr. Jerry Roach, representing himself, testified in support of the bill because it adds government accountable to the system.

10:56 AM -- Ms. Edie Bryan, representing herself, testified in support of the legislation.

10:58 AM -- Ms. Amy Oliver Cooke, Independence Institute, testified in support of the legislation and distributed an article on government transparency to the committee (Attachment C).

11:08 AM -- Mr. John Conley, Governor's Office of Information Technology, responded to committee questions and discussed the issue of security. He noted that whether the database is established by law or executive order, the issue of security would be the same. He closed by saying that the database would be created within the state's firewall. The system would simply post revenue and expenditure data in a read-only format.

11:18 AM


BILL:	HB09-1288
TIME:	11:20:02 AM
MOVED:	Gerou
MOTION:	Moved amendment L.001. The motion passed without objection by those members present.
SECONDED:	Lambert
		VOTE
	Apuan
	Benefield
	Gerou
	Kefalas
	Kerr A.
	Lambert
	Roberts
	Summers
	Swalm
	Frangas
	Judd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1288
TIME:	11:20:59 AM
MOVED:	Swalm
MOTION:	Refer House Bill 09-1288, as amended, to the Committee on Appropriations. The motion passed on a 11-0 vote.
SECONDED:	Summers
		VOTE
	Apuan	Yes
	Benefield	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr A.	Yes
	Lambert	Yes
	Roberts	Yes
	Summers	Yes
	Swalm	Yes
	Frangas	Yes
	Judd	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:26 AM -- House Bill 09-1266 - Concerning the Repeal of the Loss of Driving Privileges as a Penalty for Certain Crimes

Representative McCann, prime sponsor, explained that House Bill 09-1266 removes driving privileges as a penalty for certain crimes such as criminal mischief, defacing property, offenses related to the forgery of a traffic ticket issued to a minor, and other offenses related to the unlawful use of a controlled substance. She noted that other crimes also included offenses related to possession of alcohol by minors.

The committee discussed the offenses in the bill and the issue of repeat offenders. The committee discussed the issue of a given punishment fitting the crime and whether the revocation provisions in the bill are tied to the criminal offenses in the bill.

The following persons testified:

11:47 AM -- Mr. Douglas K. Wilson, State Public Defender, responded to committee questions. This bill went through a subcommittee and an oversight committee that are made up of law enforcement, victim, and judicial stakeholders. Mr. Wilson continued by saying that we are sure that the punishment in the bill fits the crime. Mr. Wilson discussed the issues that are tied to a person who looses their driver's license resulting from a criminal offense.

11:55 AM -- Mr. Erick Scheminske, Colorado Division of Public Safety, testified in support of the bill and discussed the loss of state revenue in the bill. The loss of HUTF revenue will have no impact on the division's operations and the operation of ports-of-entry and amounts to one-tenth of one percent of total HUTF revenue.

11:58 AM

Recess.

01:33 PM

01:33 PM -- Ms. Jeanne Smith, Division of Criminal Justice, testified in support of the bill and responded to committee questions. Ms. Smith discussed the criminal offenses in the bill and discussed some of the programs that treat certain criminal offenders. Ms. Smith closed by noting that courts can modify a specific sentence.

01:50 PM -- Mr. Ted Tow, Colorado District Attorney's Council, responded to committee questions and discussed the conflicts in the bill with current judiciary sentencing policies.

02:13 PM -- Ms. Peg Ackerman, Colorado Sheriff's Association, testified in support of the bill.

02:14 PM


BILL:	HB09-1266
TIME:	02:14:19 PM
MOVED:	Kerr A.
MOTION:	Moved amendment L.003 (Attachment D). After a brief committee discussion, the motion was withdrawn.
SECONDED:	Frangas
		VOTE
	Apuan
	Benefield
	Gerou
	Kefalas
	Kerr A.
	Lambert
	Roberts
	Summers
	Swalm
	Frangas
	Judd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB09-1266
TIME:	02:18:10 PM
MOVED:	Benefield
MOTION:	Refer House Bill 09-1266 to the Committee on Appropriations. The motion passed on a 9-1 vote.
SECONDED:	Roberts
		VOTE
	Apuan	Yes
	Benefield	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr A.	Yes
	Lambert	Yes
	Roberts	Yes
	Summers	Excused
	Swalm	Yes
	Frangas	No
	Judd	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:25 PM -- Senate Bill 09-017 - Concerning the FPPA Reform Commission

Representative Riesberg, prime sponsor, explained the provisions of the bill. He noted that the legislation was recommended by the Police Officers' and Firefighters' Pension Reform Commission (FPPA). It modifies the benefits available to certain retired firefighters and police officers and their dependents.

The following person testified:

02:28 PM -- Mr. Kevin Lindahl, General Counsel for FPPA, responded to committee questions about pension benefits affected by the bill.

The committee discussed the FPPA investment portfolio and Mr. Lindahl noted that it lost 27 percent of its value as of the close of 2008. Mr. Lindahl responded by saying that the bill does not have a cost to the state and therefore, the fiscal note does not show a cost. Mr. Lindahl said that FPPA values the portfolio on a daily basis. The next update on its value will be available in May 2009. Mr. Lindahl closed by discussing the history of the FPPA and the recent changes that occurred after the old-hire pensions were fully-funded by the state.

02:49 PM


BILL:	SB09-017
TIME:	02:49:37 PM
MOVED:	Benefield
MOTION:	Refer Senate Bill 017 to the Committee of the Whole. The motion passed on a 10-0 vote.
SECONDED:	Kerr A.
		VOTE
	Apuan	Yes
	Benefield	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr A.	Yes
	Lambert	Yes
	Roberts	Yes
	Summers	Excused
	Swalm	Yes
	Frangas	Yes
	Judd	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:52 PM -- Senate Bill 09-126 - Concerning the Multiple Sclerosis Fund

Representative Apuan, prime sponsor, explained that Senate Bill 09-126 extends the voluntary contribution designation (or income tax checkoff) benefitting the Multiple Sclerosis Fund from tax year 2009 through tax year 2011. Money from the fund is used to promote the growth and success of the National Multiple Sclerosis Society. Contributions are used to fund the society's educational programs and client needs such as exercise equipment, counseling, family support, homecare, and advocacy services. Representative Apuan discussed statistics tied to the persons who suffer from Multiple Sclerosis in Colorado and said that 73 percent of all patients are women. He closed by asking the committee to support the legislation.

The following persons testified:

02:56 PM -- Ms. Kathryn Spritzer, National Chapter of the Multiple Sclerosis Society, testified in support of the legislation. Ms. Spritzer said that funding from the checkoff has been over $100,000 per year and is used for a wide variety of support services for people with Multiple Sclerosis. One in 540 people in Colorado suffer with Multiple Sclerosis. She closed by saying that money is also used for primary caregivers and said that after 10 years, employment impacts happen where people change employment, work less hours, or have to make other changes in their lives.

03:01 PM -- Ms. Sheryl Goodman, National Chapter of the Multiple Sclerosis Society, discussed the symptoms of persons with MS and closed by urging the committee to support the legislation.

03:03 PM


BILL:	SB09-126
TIME:	03:03:54 PM
MOVED:	Apuan
MOTION:	Refer Senate Bill 09-126 to the Committee of the Whole. The motion passed on a 9-1 vote.
SECONDED:	Swalm
		VOTE
	Apuan	Yes
	Benefield	Yes
	Gerou	Yes
	Kefalas	Yes
	Kerr A.	Yes
	Lambert	No
	Roberts	Yes
	Summers	Excused
	Swalm	Yes
	Frangas	Yes
	Judd	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:05 PM

Adjourn.