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Appropriations committee advances retail‑theft task force bill after debate over funding authority
Summary
House Bill 11-38, which creates a task force to address organized retail theft and places the program in the Department of Public Safety, was advanced to the Committee of the Whole after the committee adopted an amendment to revert unspent funds to the general fund. Members debated placement and transparency of funding.
The House Appropriations Committee voted to advance House Bill 11-38, as amended, to the Committee of the Whole following a split debate over where the program should reside and how unspent funds should be handled.
The bill sponsor told the committee the measure sets up a task force focused on multi‑jurisdictional organized retail theft and explained why the program was placed in the Department of Public Safety rather than the Department of Law. The sponsor said the state loses about "$78,000,000 a year in sales tax alone in terms of retail theft" and argued the task force will focus on organized schemes such as gift‑card fraud rather than low‑level shoplifting. The sponsor also said the bill includes a three‑year sunset so lawmakers can assess whether the program is effective.
Madam Vice Chair objected to extending what she described as the "safer streets" grant and raised concerns about transparency and roll‑forward authority, saying she did not trust late session disclosures of unspent funds. She pressed for stricter reversion language to ensure unused dollars returned to the general fund rather than remaining available to department spending.
Budget committee staff member Justin Brackie told the committee that "the general fund appropriation for safer streets has basically permanent roll forward authority, which is basically the same as continuously appropriated," clarifying the program's funding mechanics during the discussion.
Representative Bassenacker moved amendment L13, which would revert $200,000 of unspent and unencumbered money at fiscal year end to the general fund; Representative McCormick seconded. On the roll call for the amendment the committee recorded six yes votes, four no votes and one excused; the amendment passed and was incorporated into the bill. The committee later voted 6 to 4 to advance the amended bill to the Committee of the Whole.
Supporters argued the task force concentrates on organized, cross‑jurisdiction theft and that locating the program in DPS reflected operational considerations after the Department of Law declined to absorb the work. Opponents said the Department of Law would be a more appropriate home and that the amendment did not go far enough to recapture excess funds or address transparency concerns.
The bill now goes to the Committee of the Whole for further consideration.
