s_fin_2016a_2016-02-25t10:58:42z1 Hearing Summary

Date: 02/25/2016

10:59 AM -- SB16-117



Senator Sonnenberg, prime sponsor, next presented Senate Bill 16-117, which limits the authority of state agencies to impose discretionary fines. Specifically, the bill prohibits any state agency from imposing a discretionary fine of $1,000 or more unless the agency provides written notice of the violation of the law or rule and the offender fails to correct the violation on or before the 20th business day after receipt of the written notice. The bill caps discretionary fines as follows:

• for an individual, ten percent of the taxable income reported on his or her last state income tax return;

• for a business, ten percent of the operating revenue reported on its income statement for the last fiscal year; and

• for a political subdivision of the state, ten percent of its tax revenue for the last fiscal year.

Senator Sonnenberg addressed a question from the committee. He distributed and explained Amendment L.002 (Attachment A). Discussion ensued on the safety of the drinking water in Burlington, Colorado.



16SenateFin0225AttachA.pdf



11:12 AM -- Ms. Heidi Humphreys, representing the Department of Revenue, Ms. Erin Mewhinney, representing the Department of Human Services, Mr. Will Allison, representing the Colorado Department of Public Health and Environment (CDPHE), all testified in opposition to the bill. Ms. Mewhinney addressed a question from the committee about how the bill could change her department's existing authority to regulate certain activities. Mr. Allison responded to a question about how water quality violations in the city of Burlington were handled by CDPHE.





11:29 AM



Senator Sonnenberg responded to committee comments and questions about fines levied against the city of Burlington. Discussion continued on whether the bill limits the ability of the various departments to regulate activities for public health and safety purposes.



11:37 AM -- Mr. Kevin Bommer, representing the Colorado Municipal League, testified in support of the bill. Mr. Bommer addressed questions from the committee about the bill's anticipated impact on public sector entities.



11:54 AM -- Ms. Shane Madsen, representing the Rocky Mountain Agribusiness Association, testified in support of the bill.





11:55 AM



Senator Sonnenberg made some closing remarks about the bill and Amendment L.002. Mr. Ed DeCecco, Office of Legislative Legal Services, addressed a question about the proposed amendment.