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h_bus_2016a_2016-04-28t14:39:23z2 Hearing Summary

Date: 04/28/2016



Final

BILL SUMMARY for HB16-1370



HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR


Votes: View--> Action Taken:
Adopt amendment L.005. The motion passed on a vote

Postpone House Bill 16-1370 indefinitely. The moti

Refer House Bill 16-1370, as amended, to the Commi
PASS

PASS

FAIL







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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