Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON LOCAL GOVERNMENT

Date:04/28/2015
ATTENDANCE
Time:02:02 PM to 05:24 PM
Crowder
X
Donovan
X
Place:SCR 353
Kefalas
X
Martinez Humenik
X
This Meeting was called to order by
Ulibarri
X
Senator Marble
Balmer
E
Marble
X
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-275
SB15-279		Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole


02:04 PM -- SB 15-275

Senator Lambert and Senator Carroll, co-prime sponsors, described the provisions of Senate Bill 15-275 that creates a framework for the use by members of the General Assembly of confidential information in the custody of state agencies. They also distributed Amendment L.001 (Attachment A). Members of the General Assembly are encouraged to use confidential information when it is beneficial and necessary. Members of the General Assembly are required to use any confidential information without compromising confidentiality, and may only use confidential information in their consideration of official legislative actions. To effectuate access to health-related information, the bill declares that the General Assembly is a health oversight agency, entitled to handle personal information under the federal HIPAA (health care information) statutes. The bill also modifies the whistleblower statutes applicable to state employees. Under the bill, an appointing authority or supervisor of the state employee may no longer assert that disclosed information is false or confidential as justification for retaliatory action against the employee. The bill specifically prohibits retaliation against employees of a state agency who provide confidential information to a member of the General Assembly.

150428 AttachA.pdf150428 AttachA.pdf

The following persons testified on the bill:

02:15 PM

Bart Miller, Office of Legislative Legal Services, described the provisions of Amendment L.001 and responded to questions from the committee about the amendment. He also discussed the penalties for violations of the Colorado Open Records Act (CORA).





02:26 PM -- Ann Hause, Colorado Department of Public Health and Environment, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. She also commented on Amendment L.001.

02:27 PM -- Lyn Snow, Colorado Department of Human Services, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. She also explained that she has not had an opportunity to review Amendment L.001.

02:36 PM -- Katherine Mulready, Colorado Hospital Association, spoke in opposition to the bill and discussed confidential information maintained by hospitals. She also discussed the provisions of HIPAA and how it would apply to the General Assembly under the bill.

02:42 PM -- Kate Horle, Colorado Regional Health Information Office, spoke in opposition to the bill and discussed confidential information maintained by her organization. She also discussed the provisions of HIPAA and how it would apply to the General Assembly under the bill.

02:49 PM

Ms. Horle and Ms. Mulready responded to questions from the committee about measures to protect confidential information and their concerns with the bill.

02:52 PM -- John Vecchiarelli, Colorado Department of Revenue, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. He also expressed concern about the effect of the bill on the department's ability to access confidential federal tax information.

02:56 PM -- Ron Kammerzell, Colorado Department of Revenue, spoke in opposition to the bill and discussed confidential and proprietary information maintained by the department. He also responded to questions from the committee about his concerns with the bill

03:05 PM -- Caleb Meyer, Colorado Defense Lawyers Association, spoke in opposition to the bill and responded to questions from the committee about his concerns with the bill.

03:19 PM -- Ben Price, Colorado Association of Health Plans, explained his association has not taken a position on the bill. He also expressed concern about the bill and Amendment L.001.

03:27 PM -- Adela Flores-Brennan, Executive Director, Colorado Consumer Health Initiative, explained her organization has not taken a position on the bill. She also expressed concern about the bill and Amendment L.001.

03:29 PM -- Bob Douglas, Department of Health Care Policy and Financing, spoke in opposition to the bill and discussed confidential information maintained by his agency.

03:34 PM -- Denise Maes, American Civil Liberties Union of Colorado, spoke in opposition to the bill and responded to questions from the committee about her concerns with the bill.

03:44 PM

The chair closed testimony on the bill and the committee recessed.


03:54 PM

 Senator Lambert and Senator Carroll closed their remarks on the bill. They also responded to questions from the committee about the bill.
BILL:SB15-275
TIME: 04:15:28 PM
MOVED:Kefalas
MOTION:Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Martinez Humenik
Ulibarri
Balmer
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB15-275
TIME: 04:16:13 PM
MOVED:Kefalas
MOTION:Refer Senate Bill 15-275, as amended, to the Committee of the Whole. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Yes
Ulibarri
Yes
Balmer
Excused
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:SB15-275
TIME: 04:17:21 PM
MOVED:Ulibarri
MOTION:This is a conceptual amendment. Page 3, line 9, strike "INDIVIDUALY, line 10, strike "IDENTIFIABLE" and substitute "REDACTED" The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Martinez Humenik
Ulibarri
Balmer
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

04:20 PM

The committee recessed.

04:23 PM -- SB 15-279

The committee returned from recess. Senator Neville and Senator Jahn, co-prime sponsors, described the provisions of Senate Bill 15-279 concerning the surety requirement for appealing tax bills. Senator Neville also distributed a fact sheet on the bill (Attachment B). The bill specifies that only within a specified number of days after a district court ruling that is adverse to the taxpayer in part or in whole, as opposed to within a specified number of days after the filing of the notice of appeal, may a taxpayer be required by the state or a local government to set aside money as described in current law. Until that time, the bill allows the taxpayer to decide when to set aside money claimed to be owed by the state or a local government.

150428 AttachB.pdf150428 AttachB.pdf

The following persons testified on the bill:

04:30 PM -- John Vecchiarelli, Colorado Department of Revenue, spoke in opposition to the bill and expressed concern that the bill would enable asset exhaustion during tax appeals. He also discussed current law concerning the surety requirement for appealing tax bills.

04:34 PM -- Geoff Wilson, Colorado Municipal League, spoke in opposition to the bill and discussed the importance of sales tax revenue to municipalities. He also expressed concern about the process that developed the legislation.

04:39 PM -- Bruce Fowler, Fairfield and Woods P.C., spoke in support of the bill. He discussed clients he has represented in litigation concerning unpaid taxes and identified financial impacts related to such litigation. He also identified ambiguities in current law concerning sales taxes collection and the tax appeal process.


04:48 PM -- Edward Rothschild, Coalition to Simplify Colorado Sales Tax Collection System, spoke in support of the bill and discussed the challenge of appealing tax bills under current law. He also discussed the objectives of the coalition and identified its members.

04:55 PM -- Judy Vorndran, Certified Public Accountants Association, spoke in support of the bill. She also discussed clients she has represented in tax audits and the cost of appealing disputed tax bills.

05:00 PM -- Cindy Churchill, representing herself, spoke in support of the bill and explained that Mr. Fowler represented her in litigation concerning sales taxes owed by her company. She also discussed sales tax policies in Colorado and other states. Ms. Churchill responded to questions from the committee about her business and her sales tax appeal.

05:10 PM -- Steve Nilson, representing himself, spoke in support of the bill and discussed a sales tax audit of his company and the cost of appealing the tax bill related to the audit.

05:13 PM -- RJ Hicks, GreenCO, Colorado Motor Carriers Association, spoke in support of the bill.

05:20 PM

The chair closed testimony on the bill.
BILL:SB15-279
TIME: 05:22:20 PM
MOVED:Ulibarri
MOTION:Refer Senate Bill 15-279 to the Committee of the Whole. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Yes
Ulibarri
Yes
Balmer
Excused
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:22 PM

Senator Marble laid over the remainder of the calendar and explained that the committee will hear these bills at 7:30 AM on Wednesday, April 29.

05:24 PM

The committee adjourned.