Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON FINANCE

Date:01/14/2009
ATTENDANCE
Time:09:41 AM to 11:55 AM
Apuan
X
Benefield
X
Place:LSB A
Gerou
X
Kefalas
X
This Meeting was called to order by
Kerr A.
*
Representative Judd
Lambert
X
Roberts
X
This Report was prepared by
Summers
X
Ron Kirk
Swalm
*
Frangas
X
Judd
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1050
HB09-1036
HB09-1014
Referred to the Committee of the Whole
Referred to Appropriations
Referred to the Committee of the Whole


09:41 AM -- House Bill 09-1050 - Concerning An Income Tax Checkoff for Colorado Easter Seals (For Action Only)

Representative Soper, prime sponsor, explained the provisions of the bill during the prior meeting of the committee on Tuesday, January 13, 2009.


09:42 AM


The bill was placed on the table for action, no amendments were offered.


















BILL:HB09-1050
TIME: 09:42:29 AM
MOVED:Kefalas
MOTION:Refer House Bill 09-1050 to the Committee of the Whole. The motion passed on a 8-1 vote.
SECONDED:Benefield
VOTE
Apuan
Yes
Benefield
Yes
Gerou
Yes
Kefalas
Yes
Kerr A.
Excused
Lambert
No
Roberts
Yes
Summers
Yes
Swalm
Excused
Frangas
Yes
Judd
Yes
Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


09:47 AM -- House Bill 09-1036 - Concerning Peace Officer Standards and Training (POST) Fees

Representative King, prime sponsor, explained that House Bill 09-1036 increases the registration fee charged on class A, B, and C motor vehicles that funds the Peace Officers Standards and Training (POST) board in the Department of Law. The fee is increased from $0.25 to $0.60 beginning with vehicles registered on or after July 1, 2009.

The following persons testified:

09:50 AM -- Chief Heather A Coogan, Colorado Board of Law, Police Officer Standards and Training (POST), testified in support of the bill. Chief Coogan discussed the history of the fee and its use as a funding source for training peace officers in Colorado. She noted that during economic downturns, training is one of the first expenditures cut by rural law enforcement agencies. Chief Coogan closed by saying that the fee increase in House Bill 09-1036 is critical to meeting the increasing training demands that the economy is placing on law enforcement agencies in the state.

10:10 AM -- Mr. Ted Tow, Colorado District Attorneys Council (CDAC), spoke in support of the bill. Mr. Tow pointed out that public safety is the primary function of government and noted that the POST fee in the bill is an important funding component for training officers to protect the public. There is a nexus between this fee and public safety. He closed by saying that rural law enforcement offices cannot afford to send their officers to metro training centers. POST fees enable these agencies meet their training needs when budgets do not allow for training costs.











10:34 AM -- Mr. Jim Beicker, Fremont County Sheriff's Office, testified in favor of the bill and noted that prior to 2004, the POST fee was the only funding source in our county for training officers. Mr. Beicker closed by saying that Colorado is ranked 48th in the nation for training our peace officers and training is a very important function of public safety agencies.

10:43 AM -- Officer Neal Tyler, Peace Officer Standards and Training Board, testified in support of the bill. Officer Tyler noted that training costs have been lowered to $2.12 per training hour as more law enforcement agencies have become more efficient.

10:48 AM -- Mr. John Kammerzell, Peace Officer Standards and Training Board, testified in support of the bill and talked about the impact of training on municipalities in Colorado. Mr. Kammerzell noted that the fees in this bill are directly related to public safety. Prior to 2003, Colorado was one of ten states that did not have training standards. He closed by saying that POST fees have made communities in Colorado more safe.


10:58 AM

The committee briefly discussed whether the fee increase in House Bill 09-1036 is sufficient to fund training needs described in testimony. The bill was placed on the table for action and no amendments were offered.
BILL:HB09-1036
TIME: 10:59:34 AM
MOVED:Benefield
MOTION:Refer House Bill 09-1036 to the Committee on Appropriations. The motion passed on a 6-5 vote.
SECONDED:Roberts
VOTE
Apuan
Yes
Benefield
Yes
Gerou
No
Kefalas
No
Kerr A.
Yes
Lambert
No
Roberts
Yes
Summers
No
Swalm
No
Frangas
Yes
Judd
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS













11:10 AM -- House Bill 09-1014 - Concerning Conservation Easement Fees

Representative Judd, prime sponsor, explained the provisions of the bill. He began by discussing the conservation easement tax credit and role of the Division of Real Estate in terms of appraisers who value easements for donation purposes. He closed by saying that House Bill 09-1014 gives the division the flexibility its needs to adjust the costs tied to the appraisal fee.

The following persons testified:

11:19 AM --
Ms. Erin Toll, Colorado Division of Real Estate, responded to committee questions regarding the fee change in the bill. The maximum fee that may be imposed by the division upon an appraiser in connection with submitting a conservation easement appraisal is $600 per appraisal. Similarly, the maximum fee that may be imposed on an applicant for a qualified conservation easement certificate is $5,810. These fees cover a three-year period and are established by statute. This bill eliminates the cap on both of these fees and allows for an annual fee, to be set by the division.

The committee discussed the role of the division and questioned what the fee would pay for. Ms. Toll responded saying the fees would cover the costs of the division and the Conservation Easement Oversight Commission in reviewing appraisals of conservation easements and certifying entities that hold conservation easements. Ms. Toll mentioned that initially, the division estimated that the number of problematic easements would be around 75 per year. Last year, the division investigated three appraisers who overvalued 300 conservation easements. These investigations have resulted in the state not paying out an additional $100 million in tax credits that otherwise would have been paid out. Ms. Toll closed by saying that the bill will give the division more flexibility in the oversight function of the program.

11:43 AM -- Ms. Jill Ozarski, Colorado Coalition of Land Trusts, testified in support of the bill.

11:47 AM -- Mr. Daniel Pike, Colorado Open Lands, testified in support of the bill.


11:52 AM

After a brief committee discussion, the bill was placed on the table for action and no amendments were offered.




















BILL:HB09-1014
TIME: 11:53:41 AM
MOVED:Judd
MOTION:Refer House Bill 09-1014 to the Committee of the Whole. The motion passed on a 11-0 vote.
SECONDED:Benefield
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


11:55 AM

Adjourn.