Senate Committee on Finance (03/05/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON FINANCE

Date:	03/05/2009	ATTENDANCE

Time:	10:14 AM to 12:27 PM	Brophy	X
		Heath	X
Place:	SCR 354	Isgar	X
		King K.	X
This Meeting was called to order by		Scheffel	X
	Senator Sandoval	Hudak	*
		Sandoval	X
This Report was prepared by
	Elizabeth Hanson
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 09-Securities Board Members SB09-240 HB09-1036		Favorably Refer to the Full Senate Postponed Indefinitely Referred to Appropriations

10:14 AM -- Confirmations of Securities Board

Mr. Paul E. Washington and Mr. Herrick K. Lidstone, appointees to the Colorado Securities Board, described their background and interest in serving on the board. A copy of the appointees' applications and resumes are attached as Attachment A. Mr. Washington began by giving the committee background about his career and education. He explained to the committee that he started his own securities firm and has extensive experience in this area. Mr. Washington also teaches business classes at the University of Colorado Law School.

(Attachment A can be viewed at State Archives)

Mr. Lidstone also provided information about his career and legal practice. Mr. Lidstone currently teaches securities regulation at the University of Colorado Law School. He said he has written and published books about securities law, and provided the committee with background information about his previous work on the Securities Board.

Mr. Lidstone responded to questions from the committee about the regulation of hedge funds in Colorado and the federal level. Mr. Washington also responded to questions from the committee about the current market, and discussed the tightening credit market, and availability of loans for businesses in Colorado.


BILL:	Confirmations of Securities Board
TIME:	10:25:44 AM
MOVED:	King K.
MOTION:	Refer the appointments of Paul E. Washington and Herrick K. Lidstone, Jr., to the Securities Board to the full Senate with a favorable recommendation. The motion passed 7-0.
SECONDED:
		VOTE
	Brophy	Yes
	Heath	Yes
	Isgar	Yes
	King K.	Yes
	Scheffel	Yes
	Hudak	Yes
	Sandoval	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:26 AM -- Senate Bill 09-240

Senator Sandoval explained that Senator Shaffer, prime sponsor, requested that Senate Bill 09-240 be postponed indefinitely. The bill, she said, was incorporated in the transportation bill, Senate Bill 09-108 (known as FASTER) that recently became law.


BILL:	SB09-240
TIME:	10:27:14 AM
MOVED:	Brophy
MOTION:	Moved to postpone Senate Bill 09-240 indefinitely. The motion passed 6-0, with one excused.
SECONDED:
		VOTE
	Brophy	Yes
	Heath	Yes
	Isgar	Yes
	King K.	Yes
	Scheffel	Yes
	Hudak	Excused
	Sandoval	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:27 AM

The committee recessed.

10:39 AM

The committee reconvened.

10:39 AM -- House Bill 09-1036

Senator Morse, prime sponsor, presented House Bill 09-1036. This bill would increase the registration fee charged on Class A, B, and C motor vehicles to fund the Peace Officers Standards and Training (POST) board in the Department of Law. The bill will increase the fee from $.25 to $.60, and would begin with vehicles registered on or after July 1, 2009. Senator Morse explained that the POST Board oversees all the training of police departments in the state. He stated the bill will assist small rural police departments in particular.

The following persons testified on the bill:

10:42 AM -- Mr. John Kammerzell, representing the POST Board, testified in support of the bill. He stated that POST is requesting the legislation to raise the fee to provide additional grants for peace officer training. He stated that the program has been successful, and about 500,000 hours of training have been provided to police officers. He stated that the bill will assist in training police officers in rural areas of Colorado. Mr. Kammerzell also said that POST is experiencing an increase in training costs. He mentioned the name of several groups that support adopting the bill.

10:46 AM

Mr. Kammerzell responded to questions from the committee about officer training. He explained that the POST Board has approved nearly 300 different programs to train officers in many areas. He also said that the programs provide advanced training that goes beyond the basic training officers receive and that small police agencies are limited in their ability to provide such advanced training. Discussion ensued about training and oversight issues affecting police officers. Senator Morse also provided background to the committee about his experiences as a police officer.

10:55 AM

Committee discussion ensued about raising the fee and the return on investment that taxpayers will receive. Mr. Kammerzell stated that he believes the public has an expectation that all officers are trained. He stated that the benefits from the program can be shown at the local level. Discussion continued about the growing costs of training police officers and the current fiscal situation.

11:01 AM

Mr. Kammerzell responded to questions about "post certified' grant programs. The committee also raised questions about the fiscal note, hiring additional staff, as well as administrative costs for maintaining the POST program.

11:05 AM -- Mr. Lou Vallario, representing the Garfield County Sheriff's office, testified in support of the bill. Mr. Vallario explained that the budget and fiscal situation can result in the loss of resources for training and other needs for police officers. He stated that training is the best investment for the dollar that he can provide to his officers. He also explained that as sheriff, he is liable for the actions of his officers, and that training of officers is a matter of public safety. Mr. Vallario responded to questions from the committee about increasing the fee and providing staff development in difficult budget times. The committee discussed the training of law enforcement officers in rural areas with smaller staffs.

11:15 AM

Mr. Vallario responded to questions about mandatory training and the basic academy training police officers receive. He also responded to questions from the committee about the costs of training to officers, stating that officers do not have to pay for their training. Committee discussion ensued about the training costs for other professions, including teachers, and whether the POST could charge officers for this training.

11:22 AM

Senator Morse responded to comments from the committee about standards and the nature of the police profession. He stated that it is difficult to take time off as a police officer and training is very expensive. The committee discussed training, costs, and on-line education. Mr. Vallario stated that there has been on-line training made available to defer expenses and expand the knowledge of officers.

11:27 AM -- Mr. Neal Tyler, representing the Canon City Police and the POST Board, testified in support of the bill. He provided background about the training of different types of officers and said that the departments have been frugal with the funding received for training. He also explained that not all training for officers can be conducted on-line, particularly stress-induced training. In tough fiscal times, he stated, training is often cut first, and officers also have many unfunded mandates that can require additional training. Mr. Tyler stated that alternative funding sources from the federal government and private sources are difficult for police forces to receive.

11:36 AM -- Mr. Jim Beicker, representing the Fremont County Sheriff's office and the County Sheriff Association, testified in support of the bill. He also provided a list of individuals he was representing. He stated that he has not heard of another solution to a fee increase and discussed the lack of training of officers in Colorado. He urged the committee to support the bill.

11:44 AM

There was discussion about the impacts of increasing vehicle fees on the citizens of Colorado. Mr. Beicker responded that officers are often the first to respond to situations on highways and bridges.

11:47 AM -- Mr. Ted Tow, representing the Colorado District Attorneys' Council, testified in support of the bill. He stated that officers need training on the changes in current law in order to do an adequate job with citizens. He also stated that the POST money can be leveraged to receive federal funding. Mr. Tow also said that in times of economic downturns, crime increases and he urged the committee to look at the bill on its merits.

11:53 AM -- Mr. Tom Raynes, representing the office of the Colorado Attorney General, testified in support of the bill. He stated that citizens have an expectation that officers should be well trained. He discussed the possibility of mandatory training in the future and said that the benefit of POST is that training comes to officers directly.

11:58 AM -- Mr. Howard Morton, representing Families of Homicide Victims and Missing Persons, testified on the bill. He distributed a proposed amendment (Attachment B), statistics about unsolved murders in counties throughout Colorado (Attachment C), and statistics about reported homicides in Colorado (Attachment D). Mr. Morton provided information and background about unsolved crimes in the state, and said that these cases require a commitment from police officers to resolve these cases. Mr. Morton stated that he supports adding a requirement to the bill to add comprehensive training for peace officers that may be assigned to homicide investigations.

12:08 PM -- Ms. Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. She provided information about domestic violence victims and dual arrests that often occur in these cases. Ms. Miller stated that without adequate training, it is difficult for law enforcement officers to enforce new laws.

12:12 PM

Senator Sandoval closed public testimony.

Senator Morse provided his thoughts about the suggested amendment proposed by Mr. Howard Morton.


BILL:	HB09-1036
TIME:	12:14:42 PM
MOVED:	Isgar
MOTION:	Refer House Bill 09-1036 to the Committee on Appropriations. The motion passed 4-3.
SECONDED:
		VOTE
	Brophy	No
	Heath	Yes
	Isgar	Yes
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1036
TIME:	12:19:00 PM
MOVED:	Hudak
MOTION:	Amend the reengrossed bill, page 2, line 7, strike "SIXTY" and substitute "FORTY". The motion failed 1-6.
SECONDED:
		VOTE
	Brophy	No
	Heath	No
	Isgar	No
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	No

Not Final YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1036
TIME:	12:18:27 PM
MOVED:	Hudak
MOTION:	Amend the reengrossed bill, page 2, line 18, add the language suggested by Mr. Morton (Attachment B). The motion failed 2-5.
SECONDED:
		VOTE
	Brophy	No
	Heath	No
	Isgar	No
	King K.	No
	Scheffel	No
	Hudak	Yes
	Sandoval	Yes

Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

12:27 PM

The committee recessed.