Date: 02/03/2009

Final
BILL SUMMARY for HB09-1112

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.001 (Attachment C). Th
Moved to refer House Bill 09-1112 to the Committee
FAIL
PASS



02:10 PM -- House Bill 09-1112

Representative J. Kerr, prime sponsor, presented House Bill 09-1112, concerning the information provided to the staff of the Legislative Council in connection with the preparation of fiscal notes for legislative measures. Representative J. Kerr discussed the need for the bill, and explained how the bill will improve the legislative process. Representative J. Kerr responded to questions regarding the need for legislation to make the changes in the bill, as opposed to amending the legislature's rules. Representative J. Kerr summarized the findings of the Legislative Audit Committee during a recent audit of the fiscal note process. Discussion returned to the need for the provisions of House Bill 09-1112 to appear in statute, and how the bill's provisions will be enforced.


02:20 PM

Discussion ensued regarding the parties that will be affected by the bill, and the process by which instances where executive departments provide too little information during the fiscal note process can be policed under current law. Representative J. Kerr responded to questions regarding instances where executive departments have deliberately withheld fiscal information from the Legislative Council Staff, and discussed the need for the bill.


02:24 PM

Representative J. Kerr explained the effect of prepared amendment L.001 (Attachment C). Discussion returned to the need for legislation to address the fiscal note issues that the bill seeks to remedy. Discussion ensued regarding a hypothetical situation involving a change in the fiscal impact of a bill after it passes, which the sponsor seeks to remedy with amendment L.001. Discussion followed regarding the potential for a mandate being placed on future general assemblies under amendment L.001. Discussion returned again to the accountability function of amendment L.001, and the potential for fine-tuning the amendment.
BILL:HB09-1112
TIME: 02:25:03 PM
MOVED:Massey
MOTION:Moved prepared amendment L.001 (Attachment C). The motion failed on a 0-11 roll call vote.
SECONDED:Labuda
VOTE
Casso
No
Court
No
Hullinghorst
No
Lambert
No
Massey
No
McCann
No
Miklosi
No
Murray
No
Nikkel
No
Labuda
No
Todd
No
Not Final YES: 0 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL

090203AttachC.pdf

02:37 PM

Discussion ensued regarding the need to enforce integrity within executive agencies during the fiscal note process, and the level of integrity in the executive branch. Discussion returned to the need for placement of fiscal note directives in statute, including reference to situations where fiscal information provided by a state agency later turned out to be incorrect.

02:47 PM

Discussion continued regarding the need to place the provisions of the bill in state law, as opposed to legislative rule, and how House Bill 09-1112 will improve the fiscal note process.

BILL:HB09-1112
TIME: 02:37:19 PM
MOVED:Labuda
MOTION:Moved to refer House Bill 09-1112 to the Committee of the Whole with favorable recommendation. The motion passed on a 9-2 roll call vote.
SECONDED:Nikkel
VOTE
Casso
Yes
Court
Yes
Hullinghorst
No
Lambert
Yes
Massey
Yes
McCann
No
Miklosi
Yes
Murray
Yes
Nikkel
Yes
Labuda
Yes
Todd
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS