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H_TRA_2016A 05/05/2016 10:54:07 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON TRANSPORTATION & ENERGY

Date: 05/05/2016
ATTENDANCE
Time: 10:54 AM to 01:30 PM
Becker J.
X
Buck
X
Place: HCR 0112
Carver
X
Coram
X
This Meeting was called to order by
Esgar
X
Representative Tyler
Kraft-Tharp
X
Lontine
X
This Report was prepared by
Melton
*
Matt Kiszka
Neville P.
X
Nordberg
*
Winter
X
Mitsch Bush
X
Tyler
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-138

HB16-1467

HB16-1465

HB16-1466

SB16-087
Amended, Referred to the Committee of the Whole

Referred to Appropriations

Referred to Appropriations

Amended, Referred to Appropriations

Amended, Referred to Appropriations





10:55 AM -- SB 16-138



Representative Priola, prime sponsor, came to the table to present Senate Bill 16-138. The bill requires the Department of Revenue (DOR) to study and make recommendations concerning the delegation of certain Division of Motor Vehicles (DMV) services — including issuance and renewal of driver's licenses (excluding commercial driver's licenses), motor vehicle registrations, and certificates of title — to private entities. The bill outlines specific study criteria. DOR must report the findings and make recommendations for implementing legislation to the General Assembly by July 1, 2017.



In addition, the bill authorizes the DOR to conduct a kiosk pilot program, where a private provider may offer motor vehicle services at state and county DMV offices for a convenience fee, subject to the state's procurement process.



Representative Priola distributed amendment L.005 (Attachment A), which strikes the language of the bill except for that related to the DOR kiosk pilot program.



160505 AttachA.pdf160505 AttachA.pdf











10:57 AM --
Mike Dixon, representing DOR, testified in a neutral position on the bill.



10:59 AM --
Pam Anderson, representing the Colorado County Clerks Association, testified in support of the bill.

BILL: SB16-138
TIME: 11:01:15 AM
MOVED: Mitsch Bush
MOTION: Adopt amendment L.005 (Attachment A). The motion passed without objection.
SECONDED: Melton
VOTE
Becker J.
Buck
Carver
Coram
Esgar
Kraft-Tharp
Lontine
Melton
Neville P.
Nordberg
Excused
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-138
TIME: 11:01:52 AM
MOVED: Buck
MOTION: Refer Senate Bill 16-138, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0, with 1 member excused.
SECONDED: Neville P.
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Yes
Lontine
Yes
Melton
Yes
Neville P.
Yes
Nordberg
Excused
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



11:03 AM -- HB 16-1466



Representatives Tyler and K. Becker, co-prime sponsors, presented House Bill 16-1466. In FY 2015-16, the bill transfers $40 million from the Unclaimed Property Trust Fund by June 30, 2016 to be used for affordable housing projects.



Of this amount, $30 million is transferred to the Housing Development Grant Fund. The funds must be used by the Division of Housing in the Department of Local Affairs (DOLA) for new and existing programs to improve, preserve, or expand the supply of affordable housing, including rental assistance for households with low incomes. The State Housing Board must approve the allocation of funds within DOLA.



The remaining $10 million is transferred to the Affordable Housing Assistance Fund, in the Colorado Housing and Finance Authority (CHFA), to support new or existing programs that provide financial assistance to households with an income of 80 percent or less of the area median income. The programs, administered by CHFA, must:



• allow eligible people to finance, purchase, or rehabilitate single family residential homes; or

• provide financial assistance to nonprofits and political subdivisions that make loans to enable eligible people to finance, purchase, or rehabilitate single family residential homes.



The bill gives CHFA the authority to determine how best to spend the $10 million and specifies that the Affordable Housing Assistance Fund may include other money allocated by the state, or from other sources, for the fund's specified purpose.











If the Legislative Council Staff Economic and Revenue Forecast in June 2016 shows that the transfers will result in the state exceeding the TABOR spending limit, the transfers must be reduced to an amount that keeps the state below the TABOR spending limit. The bill is repealed July 1, 2020.



Two handouts on affordable housing were distributed to the committee (Attachments B and C).



160505 AttachB.pdf160505 AttachB.pdf160505 AttachC.pdf160505 AttachC.pdf



11:18 AM



Representatives Tyler and Becker responded to questions from the committee.



11:26 AM --
Alison George, representing DOLA, testified in support of the bill.



11:29 AM --
Claire Levy, representing the Colorado Center on Law & Policy, testified in support of the bill. A list of organizations supporting the bill (Attachment D) and a fact sheet on the affordable housing crisis in Colorado (Attachment E) were distributed to the committee.



160505 AttachD.pdf160505 AttachD.pdf160505 AttachE.pdf160505 AttachE.pdf



11:34 AM --
Cris White, representing CHFA, testified in support of the bill.

11:36 AM --
Sara Reynolds, representing Housing Colorado, testified in support of the bill.

11:38 AM --
Stefka Fanchi, representing Habitat for Humanity, testified in support of the bill.

11:42 AM --
Kimball Crangle, representing Gorman & Company, testified in support of the bill.

11:44 AM --
Brad Weinig, representing Enterprise Community Partners, testified in support of the bill.

11:45 AM --
Jonathan Harris, representing Build Our Homes Right, testified in support of the bill.



11:48 AM --
Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill.



11:51 AM --
Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill.





11:52 AM



Representative Tyler explained amendment L.001 (Attachment F). Representatives Tyler and K. Becker made their closing comments on the bill.



160505 AttachF.pdf160505 AttachF.pdf

BILL: HB16-1466
TIME: 11:59:52 AM
MOVED: Tyler
MOTION: Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED: Melton
VOTE
Becker J.
Buck
Carver
Coram
Esgar
Kraft-Tharp
Lontine
Melton
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



11:59 AM



The bill was laid over for action later in the meeting.



12:00 PM -- HB 16-1465



Representatives Duran and J. Becker presented House Bill 16-1465. The bill extends the number of years, from two to five years, in which the Colorado Housing and Finance Authority (CHFA) may allocate low-income housing income tax credits.



12:04 PM --
Cris White, representing CHFA, testified in support of the bill. A list of organizational support for the bill was distributed to the committee (Attachment G). Mr. White responded to questions from the committee.



160505 AttachG.pdf160505 AttachG.pdf







12:19 PM --
Jenifer Waller, representing the Colorado Bankers Association, testified in support of the bill.



12:21 PM --
Sara Reynolds, representing Housing Colorado, testified in support of the bill.

12:22 PM --
Kimball Crangle representing Gorman & Company, testified in support of the bill.



12:24 PM --
Neal Mendel, representing Mendel Development Company, testified in support of the bill. Mr. Mendel responded to questions from the committee.



12:27 PM --
Ryan Brennan, representing Advantage Capital, testified in support of the bill. Mr. Brennan responded to questions from the committee.



12:29 PM --
Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill.



12:30 PM --
Mizraim Cordero, representing the Denver Metro Chamber of Commerce, testified in support of the bill.



12:32 PM



Representatives Duran and J. Becker made their closing comments on the bill. The committee discussed the merits of the bill.



12:36 PM



The bill was laid over for action later in the meeting.



12:37 PM -- HB 16-1467



Representatives Duran and Salazar, co-prime sponsors, came to the table to present House Bill 16-1467. The bill allows for the creation of first-time home buyer savings accounts, and starting tax year 2017, allows an income tax deduction for account holders equal to the interest and other income earnings on account contributions. The savings account holder must designate a qualifying beneficiary of the account who must have never owned a single-family, owner-occupied residence (including a condo, manufactured home or mobile home), or must have been off of the title for such a residence for at least three years due to the dissolution of marriage. The beneficiary may be changed at any time and the account holder may designate himself or herself as the beneficiary.



Allowable contributions to a savings account are limited to $14,000 per year for individuals and $28,000 for joint filers per year. The maximum principal in the account is limited to $50,000 and maximum amount in an account is limited to $150,000. If these limits are exceeded, no deduction may be claimed. Money in an account used for purposes aside from the down payment or closing costs on a Colorado home is subject to recapture and a penalty of 5 percent of the amount recaptured within ten years of first deposit in the account, or a 10 percent thereafter. The penalty does not apply if funds are used to purchase a home in another state, or if the beneficiary dies and the account holder does not designate a new beneficiary within the same tax year.



12:40 PM --
David Barber and Ted Leighty, representing the Colorado Association of Realtors, testified in support of the bill.



12:46 PM --
Sara Reynolds, representing Housing Colorado, testified in support of the bill.



12:47 PM --
Jenifer Waller, representing the Colorado Bankers Association, testified in support of the bill.







12:48 PM



Representatives Duran and Salazar made their closing comments on the bill.



12:54 PM



The committee took a recess.



01:10 PM



The committee returned to order.

BILL: HB16-1467
TIME: 01:10:53 PM
MOVED: Melton
MOTION: Refer House Bill 16-1467 to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED: Kraft-Tharp
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Lontine
Yes
Melton
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:12 PM -- HB 16-1465



The committee considered House Bill 16-1465 for action.

BILL: HB16-1465
TIME: 01:12:57 PM
MOVED: Becker J.
MOTION: Refer House Bill 16-1465 to the Committee on Appropriations. The motion passed on a vote of 8-5.
SECONDED: Melton
VOTE
Becker J.
Yes
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Lontine
Yes
Melton
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS











01:13 PM -- HB 16-1466



The committee considered House Bill 16-1466 for action.

BILL: HB16-1466
TIME: 01:14:11 PM
MOVED: Tyler
MOTION: Refer House Bill 16-1466, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED: Esgar
VOTE
Becker J.
No
Buck
No
Carver
No
Coram
No
Esgar
Yes
Kraft-Tharp
Yes
Lontine
Yes
Melton
Yes
Neville P.
No
Nordberg
No
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:15 PM -- SB 16-087



Representative Tyler, prime sponsor, presented Senate Bill 16-087 to the committee. The bill creates a one-time state transfer of $240,000 from off-the-top Highway Users Tax Fund (HUTF) revenue to the Highway-Rail Crossing Signalization Fund in FY 2016-17.



In FY 2017-18 and each year thereafter, the bill creates a state diversion from the General Fund. Under current law, 3 percent of public utilities fees to the Fixed Utility Fund (FUF) of the Public Utilities Commission (PUC) in the Department of Regulatory Agencies (DORA) must be credited to the General Fund. The bill requires the lesser of the total of the 3 percent of public utilities fees or $240,000 plus an annual inflation adjustment of 2 percent for each fiscal year beginning in FY 2017-18 to be diverted to the Highway-Rail Crossing Signalization Fund.



Representative Tyler responded to questions from the committee. A map of Colorado's public railroad crossings with passive warning signs was distributed to the committee (Attachment H).



160505 AttachH.pdf160505 AttachH.pdf











01:19 PM --
Director Doug Dean, representing the PUC, testified in support of the bill. Director Dean responded to questions from the committee.



01:25 PM --
Dianne Criswell, representing the Colorado Municipal League, testified in support of the bill.



01:27 PM



Representative Tyler explained amendment L.005 (Attachment I) to the committee.



160505 AttachI.pdf160505 AttachI.pdf

BILL: SB16-087
TIME: 01:28:39 PM
MOVED: Tyler
MOTION: Adopt amendment L.005 (Attachment I). The motion passed without objection.
SECONDED: Winter
VOTE
Becker J.
Buck
Carver
Coram
Esgar
Kraft-Tharp
Lontine
Melton
Neville P.
Nordberg
Winter
Mitsch Bush
Tyler
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





01:29 PM



Representative Tyler made his closing comments on the bill.

BILL: SB16-087
TIME: 01:29:22 PM
MOVED: Tyler
MOTION: Refer Senate Bill 16-087, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-1, with 1 member excused.
SECONDED: Winter
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Coram
Yes
Esgar
Yes
Kraft-Tharp
Excused
Lontine
Yes
Melton
Yes
Neville P.
No
Nordberg
Yes
Winter
Yes
Mitsch Bush
Yes
Tyler
Yes
Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



01:30 PM



The committee was adjourned.


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