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Minutes for HB2153 - Committee on Judiciary
Short Title
Fee agencies, moneys transferred to the state general fund; notification to persons paying fees that moneys have been transferred.
Minutes Content for Mon, Mar 20, 2017
Jason Thompson gave a brief on the bill saying that it requires that the fee collected by agencies be used for specific purposes as set forth in the statute. Mr. Thompson also explained that the fee agency is to notify the person or business if moneys received are transferred to the state general fund or a special revenue fund. In conclusion, he said that the bill defines "fee agency" and also sets forth a date on which the bill takes effect. Mr. Thompson then answered a few questions for the Committee.
Proponents:
Mike O'Neal shared his support (Attachment 5) of the bill and explained that it stops the practice of sweeping certain fees found outlined on lines 16-21. He told the Committee that the issue has been in litigation for 7 years with over $22 million swept in 2009. Mr. O'Neal explained that the language in the bill requires the State to pay money back, in addition, it will help the State recognize the difference between funds available and those that are held in trust for a particular reason. He concluded by saying that the bill has a notice provision to let interested parties know when fees are being swept when they shouldn't be.
Items that were clarified and discussed included who Mr. O'Neal was representing, where fees come from, types of fees, future legislators ability to supersede, and dealing with excess funds.
Kathy Taylor shared her support (Attachment 6) for HB 2153 by explaining how the fees collected from state charter banks should not be used like general tax dollars. She went on to explain that banks no longer pay at once because it creates a large balance that is enticing to be swept, and they therefore pay quarterly.
Patrick Vogelsberg shared support (Attachment 7) for the bill saying that it passed overwhelmingly in the House last year and this year. He expressed the need for this bill as the issue has been dealt with at the national level also.
Chairman Wilborn noted written, proponent, testimony submitted by Stephanie Mullholland (Attachment 8), Taylor Schettler (Attachment 9), and Leslie Kaufman (Attachment 10). Seeing no other conferees, questions, or comments, the Chairman closed the hearing.
