Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON FINANCE

Date:04/30/2015
ATTENDANCE
Time:01:04 PM to 07:12 PM
Holbert
X
Johnston
*
Place:SCR 354
Kerr
X
Hill
*
This Meeting was called to order by
Neville T.
X
Senator Neville T.
This Report was prepared by
Kori Donaldson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1333
HB15-1313
HB15-1340
HB15-1226
HB15-1370
HB15-1371
HB15-1158
HB15-1043
HB15-1366
HB15-1348		Referred to Appropriations
Referred to Appropriations
Referred to the Committee of the Whole - Consent Calendar
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole - Consent Calendar
Referred to the Committee of the Whole - Consent Calendar
Referred to Appropriations
Referred to Appropriations
Referred to Appropriations
Laid Over


01:04 PM -- HB15-1333

The meeting was called to order. A quorum was present. Senator Baumgardner, prime sponsor, presented House Bill 15-1333. Beginning in FY 2014-15, the bill, which is recommended by the Capital Development Committee (CDC), creates the Regional Center Depreciation Account (account) within the Capital Construction Fund. The account consists of all moneys received by the Department of Health Care Policy and Financing (HCPF) for the annual calculated depreciation of the state's regional centers, which are operated by the Department of Human Services (DHS). Spending from the account is subject to appropriation and approval by the CDC.

BILL:HB15-1333
TIME: 01:05:25 PM
MOVED:Holbert
MOTION:Refer House Bill 15-1333 to the Committee on Appropriations. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Excused
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:08 PM -- HB15-1313

Senator Baumgardner, prime sponsor, presented House Bill 15-1313, which creates the Rocky Mountain National Park (RMNP) license plate. The license plate will be available to any applicant — provided he or she makes a donation to support RMNP, as well as paying the standard license plate taxes and fees and a one-time additional special license plate fee of $50 — on November 15, 2015, or when the Department of Revenue (DOR) is able, whichever is later. The DOR may stop issuing RMNP license plates if 3,000 license plates are not issued by July 1, 2020. Anyone issued the RMNP license plate in advance of that date may continue to use the plate.
BILL:HB15-1313
TIME: 01:09:01 PM
MOVED:Hill
MOTION:Refer House Bill 15-1313 to the Committee on Appropriations. The motion failed on a 2-2 vote.
SECONDED:
VOTE
Holbert
No
Johnston
Excused
Kerr
Yes
Hill
No
Neville T.
Yes
YES: 2 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE











01:10 PM -- HB15-1340

Senators Martinez Humenik and Newell, co-prime sponsors, presented House Bill 15-1340, which extends the voluntary contribution designation (or income tax checkoff) benefitting the Colorado Multiple Sclerosis (MS) Fund from tax year 2017 through tax year 2021. Money from the fund is transferred to the Colorado Chapter of the National Multiple Sclerosis Society.

01:11 PM -- Ms. Carrie Nolan, representing the Colorado Wyoming MS Society, testified in support of the bill. Ms. Nolan distributed a letter of support (Attachment A).

15SenateFin0430AttachA.pdf15SenateFin0430AttachA.pdf
BILL:HB15-1340
TIME: 01:13:30 PM
MOVED:Hill
MOTION:Refer House Bill 15-1340 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:16 PM -- HB15-1226

Senator Hodge, prime sponsor, presented House Bill 15-1226, which removes annual license fees for retail food establishments from statute and requires the State Board of Health in the Department of Public Health and Environment to set the fees in rule.

01:17 PM -- Ms. Pat Ratlaff, representing Colorado Counties, Inc., testified in support of the bill.

01:19 PM -- Mr. Nick Hoover, representing the Colorado Beverage Association, testified in support of the bill. Mr. Hoover addressed a question about changes made to the bill in the House of Representatives.











01:24 PM -- Mr. Tom Butts, representing the Tri-County Health Department, testified in support of the bill. He distributed an article about infection rates and public health spending and data compiled by the Tri-County Health Department (Attachments B and C, respectively).

15SenateFin0430AttachB.pdf15SenateFin0430AttachB.pdf 15SenateFin0430AttachC.pdf15SenateFin0430AttachC.pdf

01:29 PM -- Mr. Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association, testified in support of the bill. Mr. Bailey distributed a letter from the Rocky Mountain Food Industry Association (Attachment D).

15SenateFin0430AttachD.pdf15SenateFin0430AttachD.pdf

01:31 PM -- Mr. Chris Howes, representing the Colorado Retail Council, testified in support of the bill.
BILL:HB15-1226
TIME: 01:33:39 PM
MOVED:Kerr
MOTION:Refer House Bill 15-1226 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




















01:34 PM

The committee took another vote on House Bill 15-1313.
BILL:HB15-1313
TIME: 01:34:48 PM
MOVED:Johnston
MOTION:Refer House Bill 15-1313 to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Hill
No
Neville T.
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:35 PM -- HB15-1370

Senators Guzman and Neville, co-prime sponsors, presented House Bill 15-1370, which permits an auditor conducting a financial or performance audit to receive access to all of the records, reports, papers, files, and communications (county documents) of the county department of human or social services (county department) deemed necessary to conduct the audit. This information includes any personal identifying information of individuals that may be contained in these county documents. The bill prohibits an auditor, auditor's staff, or an audit oversight committee from releasing or sharing in the audit report any information, including personal identifying information, that is required to be kept confidential or exempt from public disclosure.

01:40 PM -- Mr. Dennis Gallagher, representing the Denver Auditor's Office, testified in support of the bill.

01:43 PM -- Mr. Kip Memmott, representing the Denver Auditor's Office, testified in support of the bill. The committee received a letter of support from the Association of Local Government Auditors and a copy of Mr. Memmott's testimony (Attachments E and F, respectively).

15SenateFin0430AttachE.pdf15SenateFin0430AttachE.pdf 15SenateFin0430AttachF.pdf15SenateFin0430AttachF.pdf











01:46 PM

Senator Guzman distributed and explained Amendment L.002 (Attachment G). Mr. Dan Cartin, Office of Legislative Legal Services, provided additional information about the amendment.

15SenateFin0430AttachG.pdf15SenateFin0430AttachG.pdf
BILL:HB15-1370
TIME: 01:47:15 PM
MOVED:Neville T.
MOTION:Adopt amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:HB15-1370
TIME: 01:49:30 PM
MOVED:Neville T.
MOTION:Refer House Bill 15-1370, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS








01:50 PM -- HB15-1371

Senator Johnston, prime sponsor, presented House Bill 15-1371, which exempts lawyer Colorado Lawyer Trust Account Foundation trust accounts from the Unclaimed Property Act managed by the Office of the State Treasurer.

01:53 PM -- Ms. Sarah Clark, representing Colorado Legal Services, testified in support of the bill.
BILL:HB15-1371
TIME: 01:55:34 PM
MOVED:Johnston
MOTION:Refer House Bill 15-1371 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:56 PM -- HB15-1158

Senator Holbert, prime sponsor, presented House Bill 15-1158. The reengrossed bill requires the Joint Technology Committee, which is a standing committee of the General Assembly, to study data centers during the 2015 interim.

01:57 PM -- Ms. Nissa Szabo, representing the Colorado Technology Association, testified in support of the bill.




















01:59 PM

Senator Holbert responded to questions from the committee.
BILL:HB15-1158
TIME: 02:00:34 PM
MOVED:Holbert
MOTION:Refer House Bill 15-1158 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:01 PM -- HB15-1043

Senators Cooke and Johnston, co-prime sponsor, presented House Bill 15-1043. The reengrossed bill changes the penalties for certain driving offenses related to felony driving under the influence (DUI), aggravated driving with a revoked license, and related restrictions to driving privileges. Under current law, a DUI, DUI per se, or DWAI (driving while ability impaired) is an unclassified misdemeanor offense. The bill increases the penalty to a class 4 felony after three or more prior convictions of a DUI, DUI per se, or DWAI; vehicular homicide; vehicular assault; or any combination thereof. For purposes of assessing the number of convictions, the bill clarifies that convictions from other U.S. states and territories are deemed to apply if they would constitute the same offense in Colorado.

02:04 PM -- Ms. Chris Citron, representing herself, testified in support of the bill.

02:04 PM -- Ms. Gail Oleson, representing herself, testified in support of the bill. Ms. Oleson distributed a copy of her testimony (Attachment H).

02:10 PM -- Mr. Gary Grenzke, representing himself, testified in support of the bill.

02:13 PM -- Mr. Frank Martinez, representing the Martinez Family, testified in support of the bill.

02:17 PM -- Ms. Alma Sanchez, representing the Dominguez Family, testified in support of the bill.


02:19 PM

The committee took a brief recess.






02:25 PM

The committee returned to order. Senators Cooke and Johnston addressed questions from the committee. Senator Cooke made some closing remarks on the bill.
BILL:HB15-1043
TIME: 02:31:27 PM
MOVED:Johnston
MOTION:Refer House Bill 15-1043 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
No
Neville T.
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:35 PM -- HB15-1366

Senator Balmer, prime sponsor, presented House Bill 15-1366. The bill, as amended by the Senate Business, Labor & Technology Committee, changes the job growth incentive tax credit for taxpayers who enter into a partnership with a state institution of higher education. In particular, this bill allows the credit to be refundable under certain conditions and relaxes the requirements to quality for the credit.

02:39 PM -- Mr. Rich Schwiegert, representing the Colorado State University System, and Mr. Jeremy Hueth, representing the University of Colorado System, testified in support of the bill.






















02:43 PM

Senator Balmer made some closing remarks on the bill and addressed questions from the committee.
BILL:HB15-1366
TIME: 02:45:55 PM
MOVED:Johnston
MOTION:Refer House Bill 15-1366 to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:46 PM -- HB15-1348

The committee took a brief recess.


02:54 PM

The committee returned to order. Senators Heath and Balmer, co-prime sponsors, presented House Bill 15-1348. The reengrossed bill creates new requirements for urban renewal authorities in Colorado. The changes affect:












03:01 PM -- Mayor Heidi Williams, representing the City of Thornton, Mayor Bob Murphy, representing the City of Lakewood, and Mayor Cathy Noon, representing the City of Centennial, testified in opposition to the bill. Mayor Williams and Mayor Murphy emphasized the need to maintain the flexibility in governing urban renewal authorities. Mayor Noon discussed the special districts in her city and about other efforts underway to address concerns with the governance of urban renewal authorities. Mayors Murphy and Noon addressed a question from the committee about the source of operating revenue used by their cities. Discussion ensued on the changes in the bill related to the administration and collection of TIF revenues.


03:27 PM

Discussion continued on the topic of how the bill would have impacted various urban redevelopment projects undertaken in the cities of Lakewood and Centennial. Mayors Murphy and Noon continued to respond to questions from the committee.


03:42 PM

Senator Heath commented on the need for the bill. Mayor Murphy responded to Senator Heath's comments.

03:50 PM -- Chief Bob Baker, representing the South Metro Fire District Authority, and Mr. Evan Goulding, representing the Special Districts Association, testified in support of the bill. Chief Baker commented on earlier testimony heard by the committee. He spoke about existing urban renewal authorities in Parker and the impact on fire districts of redirecting tax revenues as a result of TIFs established to support urban renewal districts. Mr. Goulding also commented on the bill and the negative impacts of certain TIFs on special districts.

04:06 PM -- Mr. Ted Lieghty, representing the Colorado Association of Realtors, and Mr. Grant Nelson, representing International Council of Shopping Centers, testified in opposition to the bill. Senator Holbert commented on the merits of the bill. Mr. Leighty responded to questions from the committee. Senator Heath commented on Mr. Lieghty's testimony. Senator Johnston commented on urban renewal districts financed through TIFs in his district.


04:25 PM

Senators Balmer and Heath responded to a question from the committee about whether there is a way to solve the concerns of both the opponents and proponents of the bill. Discuss the idea of a study.

04:33 PM -- Commissioners Dennis Hisey and Dave Paul, representing El Paso County, testified in support of the bill. Commissioner Heisey discussed the costs the county bears with the City of Colorado Springs, such as correctional facilities. In response to a committee question, Commissioner Hisey discussed a TIF project in El Paso County. The commissioners responded to questions from the committee. Commissioner Paul discussed the impact of TIF projects on county finances.












04:58 PM

Discussion continued about the provisions of the bill related to negotiating the share of TIF proceeds allocated to taxing entities affected by a new TIF plan.

05:00 PM -- Ms. Linda Hoffmann, representing Larimer County, testified in support of the bill. Ms. Hoffmann spoke about Larimer County sales tax revenues, the impact of TIF districts on county revenues, and existing special districts in Larimer County. She addressed questions from the committee.


05:13 PM

The committee took a brief recess.


05:32 PM

The committee returned to order.

05:32 PM -- Mr. Rich Sokol and Mr. Marcos Mocine-McQueen, representing the South Metro Fire District Authority, testified in support of the bill. Mr. Mocine-McQueen talked about the need for fire districts to be party to negotiations regarding how TIF proceeds are allocated to various entities. Mr. Sokol provided additional background about TIF allocations in current urban renewal plans. He also responded to questions from the committee.


05:56 PM

Mr. Mocine-McQueen responded to committee comments and questions. In response to a question from the committee, Mr. Sokol further discussed the concept of lost revenue as a result a new TIF district. Senator Heath discussed whether the formula included in the bill to calculate the share of TIF revenues disincentives new urban renewal authorities.


06:12 PM

Discussion ensued between the committee and the bill sponsors on the possibility of amending the bill and whether to lay the bill over for action until Friday, May 1.


06:24 PM

Senator Heath summarized the outstanding questions and issues raised during the hearing thus far. Senator Hill laid the bill over for action only.

06:29 PM -- Ms. Carolynne White, representing various public-private urban renewal practitioners, testified in opposition to the bill. Ms. White discussed the impact reports that are prepared to analyze the cost of various public services in TIF districts prior to authorizing a new urban renewal authority. She responded to comments and questions from the committee.






06:48 PM -- Ms. Kelli Kelty, representing the Colorado Competitive Council, came to the table to list various agencies that are in opposition to the bill.

06:48 PM -- Mr. Larry Hoyt, representing the Boulder County Commissioners, and Ms. Gini Pingenot, representing the Colorado Counties, Inc., testified in support of the bill. Ms. Pingenot addressed earlier testimony and questions.

07:03 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League, testified in opposition to the bill.


07:12 PM

The committee adjourned.