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H_BUS_2016A 04/28/2016 02:39:23 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date: 04/28/2016
ATTENDANCE
Time: 02:39 PM to 05:50 PM
Arndt
X
Garnett
X
Place: LSB A
Navarro
X
Nordberg
X
This Meeting was called to order by
Pabon
*
Representative Williams
Rosenthal
X
Roupe
X
This Report was prepared by
Sias
X
Luisa Altmann
Thurlow
X
Winter
X
Wist
X
Kraft-Tharp
*
Williams
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1452

HB16-1455

HB16-1370
Witness Testimony and/or Committee Discussion Only

Amended, Referred to the Committee of the Whole

Postponed Indefinitely



02:40 PM -- HB 16-1452



Representative Melton introduced House Bill 16-1452. The bill creates a state-issued "wine-expanded permit" that allows a hotel with a valid hotel-restaurant liquor license to sell sealed containers of wine for consumption on or off the premises.



Representative Melton discussed amendment L.001 (Attachment A), amendment L.003 (Attachment B), and amendment L.004 (Attachment C).



160428 AttachA.pdf160428 AttachA.pdf160428 AttachB.pdf160428 AttachB.pdf160428 AttachC.pdf160428 AttachC.pdf



Representative Melton responded to questions from the committee.



03:05 PM --
Thomas Noller, Mayfair Liquors, testified in opposition to the bill. Mr. Noller responded to questions from the committee.



03:13 PM --
Jeanne McEvoy, Colorado Licensed Beverage Association (CLBA), testified in opposition to the bill. Ms. McEvoy responded to questions from the committee.





03:22 PM



The bill sponsor and Ms. McEvoy responded to questions from the committee.



03:24 PM --
Kevin Bommer, Colorado Municipal League (CML), testified in opposition to the bill unless amended.



03:27 PM --
Peter Karpinski, Sage Hospitality, testified in support of the bill. Mr. Karpinski responded to questions from the committee.



03:36 PM --
Patrick Maroney, Liquor Enforcement Division, responded to questions from the committee.



03:45 PM



Representative Williams closed the witness testimony phase and laid the bill over for action only at a later date.



03:46 PM -- HB 16-1455



Representative Pabon introduced House Bill 16-1455. Under current law, the board of directors of the Metropolitan Football Stadium District consists of nine members. This bill increases the number of directors to 11, and allows the City and County of Broomfield to appoint one director, and the Governor to appoint one additional director. The bill limits all directors to two consecutive four-year terms. Under current law, the board may sell or lease the name and other intangible assets related to the metropolitan football stadium. This bill requires that any future sale, lease, or other agreement to name the stadium contain the phrase "Mile High." The bill further requires that signs depicting the stadium's name comply with sign codes or other regulations of the municipality in which the stadium is located.



Representative Pabon provided a handout to the committee (Attachment D).



160428 AttachD.pdf160428 AttachD.pdf



Representative Pabon responded to questions from the committee.





04:05 PM --
Wellington Webb, representing himself, testified in support of the bill.

BILL: HB16-1455
TIME: 04:07:57 PM
MOVED: Pabon
MOTION: Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED: Williams
VOTE
Arndt
Garnett
Navarro
Nordberg
Pabon
Rosenthal
Roupe
Sias
Thurlow
Winter
Wist
Kraft-Tharp
Excused
Williams
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection



160428 AttachE.pdf160428 AttachE.pdf





04:08 PM



Representative Pabon and the committee made closing remarks on the bill.

BILL: HB16-1455
TIME: 04:15:56 PM
MOVED: Pabon
MOTION: Refer House Bill 16-1455, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED: Williams
VOTE
Arndt
Yes
Garnett
Yes
Navarro
Yes
Nordberg
No
Pabon
Yes
Rosenthal
Yes
Roupe
Yes
Sias
Yes
Thurlow
Yes
Winter
Yes
Wist
No
Kraft-Tharp
Yes
Williams
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:16 PM



The committee took a brief recess.



04:25 PM



The committee reconvened.



04:25 PM -- HB 16-1370



Representative Coram and Representative Singer introduced House Bill 16-1370. The bill as introduced requires all retailers selling cigarettes, tobacco products, or nicotine products to register with the Liquor Enforcement Division in the Department of Revenue (DOR) by January 1, 2017. Under current law, incorporated cities, towns, and counties receive 27 percent of the gross state cigarette tax collections so long as they do not impose fees, licenses, or taxes as a condition for engaging in the business of selling cigarettes or taxing cigarettes. The bill extends this prohibition to include tobacco and nicotine products and adds the revenue collected from the tobacco products tax to the taxes that are distributed to cities, towns, and counties. The bill doubles the penalties for sale of cigarettes, tobacco products, and nicotine products to minors that are deposited into the Cigarette, Tobacco Product, and Nicotine Product Use by Minors Prevention Fund. Under current law, until September 1, 2018, if a tobacco products distributor pays excise taxes on products that are then sent out-of-state, the DOR credits the tax to the distributor. The bill makes the excise tax credit permanent.









The bill sponsors provided the committee with a packet (Attachment F) and a copy of amendment L.005 (Attachment G).



160428 AttachF.pdf160428 AttachF.pdf160428 AttachG.pdf160428 AttachG.pdf



The bill sponsors responded to questions from the committee.



04:33 PM --
Dr. Gabriel Kaplan, Colorado Department of Public Health and Environment (CDPHE), testified in opposition to the bill. Dr. Kaplan responded to questions from the committee and provided two handouts to the committee (Attachment H & Attachment I). Dr. Kaplan also provided a copy of a letter from the chair and vice chair of the Tobacco Education, Prevention, and Cessation Grant Program Review Committee (Attachment J).



160428 AttachH.pdf160428 AttachH.pdf160428 AttachI.pdf160428 AttachI.pdf160428 AttachJ.pdf160428 AttachJ.pdf



04:48 PM



Discussion continued between Dr. Kaplan, the bill sponsors, and committee members.



04:51 PM --
Jeff Cain, Colorado Academy of Family Physicians and Children's Hospital Colorado, testified in opposition to the bill.



04:54 PM --
Saiorse Charis-Graves, Golden City Council, testified in opposition to the bill. Ms. Charis-Graves also provided a copy of a resolution adopted by the Golden City Council (Attachment K).



160428 AttachK.pdf160428 AttachK.pdf



04:57 PM --
Mark Ruzzin, Boulder County Board of County Commissioners and Boulder County Board of Health, testified in opposition to the bill.



04:59 PM



Ms. Charis-Graves responded to questions from the committee.



05:01 PM --
Geoff Wilson, Colorado Municipal League (CML), testified in opposition to the bill unless amended.



05:03 PM --
Dan Sapienza, Health District of Northern Larimer County, testified in opposition to the bill.



05:04 PM --
Chris Bui, Colorado Public Health Association, testified in opposition to the bill.



05:05 PM --
Lisa VanRaemdonck, Colorado Association of Local Public Health Officials, testified in opposition to the bill.











05:06 PM



Mr. Sapienza, Mr. Bui, and Ms. VanRaumdonck responded to questions from the committee.



05:11 PM --
Rick Ritter, representing himself, testified in opposition to the bill.



05:14 PM --
Angelo Griego, Rocky Ford Police Department, testified in opposition to the bill.



05:17 PM --
RJ Ours, American Cancer Society Cancer Action Network and Colorado Tobacco Control Alliance, testified in opposition to the bill.



05:20 PM --
Jodi Radke, Campaign for Tobacco Free Kids, testified in opposition to the bill. Ms, Radke provided a handout to the committee (Attachment L).



160428 AttachL.pdf160428 AttachL.pdf



05:22 PM --
Jill Bednarek, CDPHE, testified in opposition to the bill.



05:25 PM --
Chris Howes, Colorado Retail Council, testified in support of the bill.



05:27 PM --
Mary Lou Chapman, Rocky Mountain Food Industry Association, testified in support of the bill.



05:29 PM --
Grier Bailey, Colorado Wyoming Petroleum Marketing Association, testified in support of the bill. Mr. Bailey responded to questions from the committee.





05:36 PM --
Mary Szarmach, Smoker Friendly, testified in support of the bill.

BILL: HB16-1370
TIME: 05:39:56 PM
MOVED: Williams
MOTION: Adopt amendment L.005. The motion passed on a vote of 10-3.
SECONDED: Kraft-Tharp
VOTE
Arndt
Yes
Garnett
No
Navarro
Yes
Nordberg
Yes
Pabon
Yes
Rosenthal
No
Roupe
Yes
Sias
Yes
Thurlow
Yes
Winter
Yes
Wist
Yes
Kraft-Tharp
Yes
Williams
No
YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS









05:46 PM



The bill sponsors and committee members made closing remarks.

BILL: HB16-1370
TIME: 05:46:54 PM
MOVED: Kraft-Tharp
MOTION: Refer House Bill 16-1370, as amended, to the Committee on Finance. The motion failed on a vote of 2-11.
SECONDED: Nordberg
VOTE
Arndt
No
Garnett
No
Navarro
No
Nordberg
Yes
Pabon
No
Rosenthal
No
Roupe
No
Sias
No
Thurlow
No
Winter
No
Wist
No
Kraft-Tharp
Yes
Williams
No
YES: 2 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL






BILL: HB16-1370
TIME: 05:49:29 PM
MOVED: Navarro
MOTION: Postpone House Bill 16-1370 indefinitely. The motion passed on a vote of 11-2.
SECONDED: Rosenthal
VOTE
Arndt
Yes
Garnett
Yes
Navarro
Yes
Nordberg
No
Pabon
Yes
Rosenthal
Yes
Roupe
Yes
Sias
Yes
Thurlow
Yes
Winter
Yes
Wist
Yes
Kraft-Tharp
No
Williams
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:50 PM



The committee adjourned.




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