Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES & ENERGY

Date:04/20/2006
ATTENDANCE
Time:01:35 PM to 03:22 PM
Brophy
X
Entz
E
Place:SCR 353
Groff
X
Taylor
X
This Meeting was called to order by
Tochtrop
X
Senator Isgar
Grossman
X
Isgar
X
This Report was prepared by
Geoff Johnson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 06-State Fair Board
HB06-1166
SB06-231		Recommended to the Full Senate
Postponed Indefinitely
Witness Testimony Only

01:36 PM

Jim Snook, Brighton, commented on his confirmation to the State Fair Board and on the financial situation of the State Fair.
BILL:Conf 06-State Fair Board
TIME: 01:42:49 PM
MOVED:Taylor
MOTION:Moved to recommend the confirmation of Jim Snook to the State Fair Board to the full Senate. The motion passed 6-0-1.
SECONDED:
VOTE
Brophy
Yes
Entz
Excused
Groff
Yes
Taylor
Yes
Tochtrop
Yes
Grossman
Yes
Isgar
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:45 PM -- House Bill 06-1166

Senator Grossman, prime sponsor, commented on the bill which would direct the Department of Revenue to create a Windfall Payment Intercept Registry.

01:47 PM -- Mike Feeley, Colorado Gaming Association, opposed the bill since it "puts the casinos of Colorado in the position of a debt collector." He said that the penalties for failure to comply with the bill are severe, and that there exists a conflict between the bill and federal debt collection law. He said that the bill would result in litigation and that the General Assembly has already taken extensive action to improve the collection of child support.

01:54 PM -- Dan Williams, Wembley USA, opposed the bill. He said that the procedures of the bill would not work in the race track industry. He said that winners at the tracks have means by which they could circumvent the procedures in the bill. He added that these businesses feel that they should not be put in the position of debt collectors.

01:56 PM -- Laura Udis, Attorney General's Office, commented on the bill and her office's enforcement of the Colorado Fair Debt Collection Practices Act. She said that the bill will not subject casinos and racetracks to the federal Act. She said that under federal law practices required in the bill would not be considered debt collection, but withholding. She said that child support and taxes are not debt's under the federal Fair Debt Collection Practices Act.

02:00 PM -- Mary Clair, Department of Human Services, supported the bill and said that it would help in the collection of child support in the state. She commented on existing state procedures for collection of child support.

02:02 PM -- David Kribs, Colorado Judicial Branch, said that the bill would help the state with the collection of restitution and that the state only collects about half of required restitution. He supports tools that will help the Judicial Branch in this regard. He noted that income taxes refunds, and lottery intercepts are currently used for these purposes.


02:05 PM -- Emily White, Colorado Coalition Against Domestic Violence, supported the bill and believes that the state should intervene when child support obligations are not fulfilled. She said that the bill takes steps to provide for the care of minor children, furthering their welfare.
BILL:HB06-1166
TIME: 02:10:49 PM
MOVED:Grossman
MOTION:Moved that the bill be referred to the Committee on Judiciary. The motion failed 2-4-1.
SECONDED:
VOTE
Brophy
No
Entz
Excused
Groff
Yes
Taylor
No
Tochtrop
No
Grossman
Yes
Isgar
No
Not Final YES: 2 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1166
TIME: 02:15:42 PM
MOVED:Brophy
MOTION:Moved to postpone the bill indefinitely and that the previous roll call be reversed. The motion passed without objection.
SECONDED:
VOTE
Brophy
Yes
Entz
Excused
Groff
No
Taylor
Yes
Tochtrop
Yes
Grossman
No
Isgar
Yes
Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


02:16 PM -- Senate Bill 06-231

Senator Veiga, prime sponsor, said that the bill is necessary to avoid the failure of a business, and that it will grandfather in certain large vehicles providing a very limited exemption for sales of these vehicles in Colorado law. The bill would allow certain manufacturers to sell certain used motor vehicles with an empty weight of 8,000 pounds or more.

02:18 PM -- Rhonda Savage, TransWest Trucks, opposed the bill. She said that it is the responsibility of the state to provide a level playing field in the procurement of vehicles.

02:24 PM -- George Eidsness, TransWest Trucks, said that he has been affected by two manufacturers selling used trucks in his market. He commented on his company's investment in the state. He commented on his manufacturer's requirements on his business. He said that his business does not want to compete on an unequal playing field. He said that the bill would restrict competition. He said that some manufacturers sell below wholesale book values and that his company has lost money in the used truck business for five years.

02:39 PM -- Tim Jackson, Colorado Automobile Association, said that he is shocked that the bill has been introduced. He commented on requirements of truck dealers and said that the bill would devalue the inventory in Colorado dealerships, hurting those dealerships. He said that the bill's failure will not force any business under in the state.

02:39 PM -- Mike Feeley, Denver, opposed the bill and commented on franchise arrangements. He said that the current law has worked well and that one company is seeking "legislation that is very close to special legislation." He noted that investments have been made based on current law, and that these investments have resulted in the employment of thousands of people in the state. He commented on the franchise act and said that this special exception should not be carved out.

02:52 PM -- Lynn Fanning, International Truck, supported the bill. He said that his company will be shut down by the Colorado Motor Vehicle Board without this bill. He said that his company has held a used motor vehicle dealer's license prior to a change in the law in the past. He said that the Board's ruling has been appealed in court, and that the bill applies only to companies that held these licenses under the old law. He said that the bill has no impact on the new vehicle market. He said that his used truck center does not compete with their distribution of new trucks. He spoke of his company's contributions to Colorado.


03:12 PM -- Scott McCandless, McCandless Trucks, spoke of the impact of his company on Colorado and supported the bill. He spoke of the kinds of vehicles his company sells. He commented on the trucks that his company takes in as trade-ins.

03:17 PM -- Beth Casey, Colorado Mac Trucks, said that the bill would bring about unfair competition in the state. She said that the Motor Vehicle Dealer's Licensing Board is investigating the matter at this time. She said that this phenomenon is occurring in other states.

03:21 PM

Senator Isgar laid the bill over to the committee's next meeting for action only.