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S_FIN_2018A 05/03/2018 11:07:20 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON FINANCE
Date 05/03/2018
Attendance
Jahn X
Tate X
Zenzinger *
Smallwood X
Neville T. X
Time 11:07:20 AM to 04:01:08 PM
Place SCR 352
This Meeting was called to order by Neville T.
This Report was prepared by Elizabeth Haskell
Hearing Items Action Taken
HB18-1363 Referred to Senate Appropriations
HB18-1218 Referred to Senate Appropriations
HB18-1416 Referred to Senate Appropriations
HB18-1294 Amended, referred to Senate Appropriations
HB18-1385 Referred to the Committee of the Whole - Consent Calendar
HB18-1411 Referred to the Committee of the Whole - Consent Calendar
HB18-1202 Referred to Senate Appropriations
HB18-1398 Amended, referred to the Committee of the Whole - Consent Calendar
HB18-1405 Referred to the Committee of the Whole
HB18-1006 Referred to Senate Appropriations
HB18-1208 Amended, referred to Senate Appropriations
HB18-1011 Amended, referred to Senate Appropriations
SB18-279 Postponed Indefinitely

HB18-1294 - Committee Discussion Only


11:07:34 AM  

Senator Crowder, bill sponsor, presented House Bill 18-1294.  The bill continues the regulation of nursing home administrators by the Department of Regulatory Agencies (DORA) through September 1, 2023.  The program is currently scheduled to repeal on July 1, 2018.  In addition, the bill requires nursing home administrators to report conduct by employees that constitutes a felony to law enforcement and any relevant occupational board that regulates that employee's profession.  Failure to report such criminal conduct constitutes grounds for disciplinary action.  It also requires that votes on disciplinary matters by the Board of Examiners of Nursing Home Administrators be recorded in the publicly available minutes and indicate how each board member voted.

 

11:10:44 AM  

Brian Tobias, DORA, responded to questions.

11:14:34 AM  
Doug Farmer, Colorado Health Care Association, testified in support of the bill.
11:15:47 AM  
Jeanette Hensley, Colorado Senior Lobby, testified in support of the bill.
11:16:27 AM  
Mr. Farmer responded to questions.
11:24:23 AM  
Mr. Tobias responded to questions.
11:26:06 AM  
Kip Kolkmeier, Office of Legislative Legal Services, responded to questions.
11:37:36 AM  
Senator Crowder made closing comments.
11:38:44 AM  

Ginny Brown, DORA, responded to questions.

11:39:49 AM  
Committee discussion followed.
11:41:47 AM  

Senator Neville laid the bill over until later.



HB18-1363 - Referred to Senate Appropriations


11:42:59 AM  

Senator Crowder, bill sponsor, presented House Bill 18-1363.  The bill codifies various recommendations from the Child Support Commission.  These recommendations include:

  • clarifying terms such as administrative process action (APA), APA-respondent, and APA-petitioner;
  • allowing a county delegate child support enforcement unit (CSEU) to withdraw as a party from a case when the case is closed without leave of the court;
  • allowing the CSEU to serve a subpoena for a genetic test sample and to file a motion to compel compliance;
  • clarifying what should be included in a notice of financial responsibility to an APA-respondent;
  • allowing the APA-respondent to waive the fourteen-day notice period;
  • clarifying the process for a negotiation conference and the consequence for missing the conference;
  • laying out what the courts must confirm to approve a default order and clarifying who should review such an order before it is filed;
  • allowing any party to an administrative process action to request relief from a judgment or order;
  • establishing the process for genetic testing and where the results must be filed;
  • requiring parties to give written notice to the CSEU if they retain legal counsel;
  • establishing the rights of each party in an administrative process action case; and
  • setting forth procedures for a stipulated, temporary or default order of modification.

Finally, the bill also requires insurance companies to participate in the Child Support Lien Network and gives the Department of Human Services (DHS) the authority to recover fees attached to liens on insurance claims, payments, awards, and settlements and spend this revenue on costs related to participating in the Child Support Lien Network.  Recovered costs are credited to the Child Support Insurance Lien Fund created in the bill.

11:44:45 AM  
Jeff Ball, Colorado Child Support Commission, testified in support of the bill.
11:47:27 AM  

Kil Powell, DHS, testified in support of the bill.

11:48:50 AM  
Tracy Rumans, DHS, testified in support of the bill.
11:51:59 AM  
Senator Crowder made closing comments.


11:53:22 AM
Motion Refer House Bill 18-1363 to the Committee on Appropriations.
Moved Smallwood
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1218 - Referred to Senate Appropriations


11:53:32 AM  

Senators Todd and Crowder, co-prime bill sponsors, presented House Bill 18-1218.  This bill expands the sales and use tax exemptions for veterans' charitable organizations beginning July 1, 2018.  Under current law, only events, meetings, or other functions held by veterans' organizations are exempt from sales and use tax.  Under this bill, regular activities of the organizations will also be exempt.

11:53:33 AM  

There was no public testimony on the bill.



11:55:42 AM
Motion Refer House Bill 18-1218 to the Committee on Appropriations.
Moved Smallwood
Seconded
Jahn Yes
Tate Excused
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB18-1416 - Referred to Senate Appropriations


11:56:25 AM  

Senator Todd, co-prime bill sponsor, presented House Bill 18-1416.  The bill codifies the Office of Suicide Prevention in law, and creates the student suicide prevention grant program in the Colorado Department of Public Health and Environment (CDPHE) to assist school districts and public schools with developing and implementing student suicide prevention policies and training programs.  CDPHE must administer the program in consultation with the School Safety Resource Center in the Department of Public Safety.

12:03:28 PM  
Senator Coram, co-prime sponsor, commented on the bill.
12:04:44 PM  
Senator Todd responded to questions.
12:05:34 PM  
Shannon Harrison, representing herself, testified in support of the bill.
12:10:11 PM  

Susan Marine, Suicide Prevention Coalition of Colorado, testified in support of the bill.

12:14:15 PM  

Sarah Brummett, CDPHE, responded to questions from the committee.

12:24:10 PM  

Senators Coram and Todd made closing comments and responded to questions.



12:32:55 PM
Motion Refer House Bill 18-1416 to the Committee on Appropriations.
Moved Smallwood
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood No
Neville T. No
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1294 - Amended, referred to Senate Appropriations


12:33:35 PM  

Committee discussion and witness testimony on House Bill 18-1294 occurred earlier in the meeting.  Committee members discussed amendment L.004 [Attachemnt A].



12:36:34 PM
Motion Adopt amendment L.004 [Attachment A].
Moved Tate
Seconded
Jahn
Tate
Zenzinger
Smallwood
Neville T.
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


12:36:56 PM
Motion Refer House Bill 18-1294, as amended, to the Committee on Appropriations.
Moved Tate
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1385 - Referred to the Committee of the Whole - Consent Calendar


12:37:03 PM  

Senator Coram, bill sponsor, presented House Bill 18-1385.  Under federal law, prior to December 2017, spousal maintenance also known as alimony, could be classified as deductible by the payor spouse for federal income tax purposes and as taxable income for the recipient spouse.  Colorado spousal maintenance and child support laws and guidelines are based on this and account for the expected payor deduction and payee taxes paid on maintenance received.  Under the federal Tax Cuts and Jobs Act of 2017, the payor spouse may not deduct spousal maintenance and spousal maintenance is not taxable income.  To reflect this federal change, this bill makes changes to the definitions of "gross income" and "adjusted gross income" and calculation guidelines.  The guideline calculation is adjusted down to ensure spousal maintenance or child support awarded does not factor in the payor deduction or payee taxes.  

 

12:38:02 PM  

Jerremy Ramp, Colorado Bar Association, testified in support of the bill.



12:39:55 PM
Motion Refer House Bill 18-1385 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Smallwood
Seconded
Jahn Yes
Tate Excused
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB18-1202 - Referred to Senate Appropriations


12:53:58 PM  

Senator Gardner, bill sponsor, presented House Bill 18-1202.  Beginning in tax year 2020, this bill creates an income tax credit for employers whose employees donate an organ and grant their employee a paid leave of absence.  The tax credit is equal to 35 percent of an employee's paid leave, not to exceed 10 days, and/or the amount paid to a temporary employee during a donor employee's paid leave.  Employers may not claim the credit for employees with an annual salary greater than or equal to $80,000.  The credit is nonrefundable, meaning that it is limited to a taxpayer's income tax liability.  Any remaining credit not used in one tax year may be carried forward for up to five years.

Taxpayers claiming the credit must provide documentation verifying the employee's organ donation upon the request of the Department of Revenue (DOR), and are ineligible to claim the credit if such documentation cannot be provided.

12:54:19 PM  

Anastasia Henry, American Transplant Foundation, testified in support of the bill and provided a handout [Attachment B].

12:55:08 PM  

Matt Martinez, representing himself, testified in support of the bill.

12:55:27 PM  
Ms. Henry and Mr. Martinez responded to questions.
01:02:44 PM  
Committee comments and discussion followed.


01:06:27 PM
Motion Refer House Bill 18-1202 to the Committee on Appropriations.
Moved Tate
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. No
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1398 - Amended, referred to the Committee of the Whole - Consent Calendar


01:06:46 PM  

Senator Gardner, bill sponsor, presented House Bill 18-1385.  Under this bill, any civil action to recover damages caused by an act of domestic violence must be commenced within six years after a disability has been removed for a person under disability or within six years after a cause of action accrues, whichever is later.  "Person under disability" is defined in the bill as any person who has a behavioral or mental health disorder, an intellectual and disability developmental disability, or a traumatic brain injury and is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis for the civil action.  A person under disability has the burden of proving that the act of domestic violence is the basis of the civil action and he or she was psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm.  A plaintiff that is the victim of a series of domestic violence offenses does not need to establish which act of a series caused the plaintiff's injury and the statute of limitations in this bill commences with the last in the series of acts.

01:10:14 PM  
Senator Gardner responded to questions.
01:11:50 PM  

Pam Maas, representing herself, testified in support of the bill.

01:14:37 PM  

Lila Sol, representing herself, testified in support of the bill.

01:19:16 PM  

Jennifer Anderson, Colorado Attorney General's Office, testified in support of the bill.

01:20:19 PM  
Ashley Chase, Colorado Women's Bar Association, testified in support of the bill.
01:22:04 PM  

Lydia Waligorski, Colorado Coalition Against Domestic Violence, testified in support of the bill.  A handout was distributed [Attachment C].

01:26:17 PM  
The witnesses responded to questions.
01:31:43 PM  
Senator Gardner made closing comments.


01:33:34 PM
Motion Adopt amendment L.001 [Attachment D].
Moved Smallwood
Seconded
Jahn
Tate
Zenzinger
Smallwood
Neville T.
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:34:04 PM
Motion Refer House Bill 18-1398, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Smallwood
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1006 - Referred to Senate Appropriations


01:38:10 PM  

Senators Gardner and Moreno, co-prime bill sponsors, presented House Bill 18-1006.  The bill makes several changes to newborn screening for genetic and metabolic diseases and hearing loss conducted and monitored by the Colorado Department of Public Health and Environment (CDPHE).  Among the various changes for newborn disease screening, the bill:

  • specifies that the CDPHE may, as it deems appropriate, add newborn screening for new conditions listed on the recommended uniform screening panel created by the federal Department of Health and Human Services;
  • requires that screening laboratories be open at least six days per week; and
  • expands the authority of the CDPHE to set fees to cover the direct and indirect costs of newborn screening, including follow-up services.

For newborn hearing loss screening, the bill:

  • allows the CDPHE to charge a fee for hearing loss screening;
  • specifies that the hearing loss screening fee must be set to cover the direct and indirect costs of the program, as well as follow-up services and supports;
  • creates a new cash fund for this hearing loss screening fee revenue;
  • requires the CDPHE to procure a new information technology system to support the newborn hearing loss screening;
  • requires the CDPHE to establish rules on reporting hearing screening results by birthing facilities and other types of facilities and providers, the input of hearing screening results into electronic medical records, and the delivery of follow-up services for newborns that fail or miss a hearing screening;
  • specifies additional requirements for, and adds two members to, the existing Hearing in Newborn Infants Advisory Committee; and
  • updates terminology and removes several obsolete provisions.
01:41:08 PM  
Greg Sobetski, Colorado Legislative Council Staff, responded to questions from the committee about the fiscal note.
01:44:21 PM  
Committee discussion followed.
01:45:30 PM  

Senator Neville recessed the meeting.

01:46:34 PM  

Senator Neville reconvened the meeting.



01:48:03 PM
Motion Refer House Bill 18-1006 to the Committee on Appropriations.
Moved Smallwood
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1405 - Referred to the Committee of the Whole


01:35:08 PM  

Senator Gardner, bill sponsor, presented House Bill 18-1405.  The bill exempts providers of legal assistance and associated staff for agencies of aging from being mandatory reporters for mistreatment of elder adults and at-risk adults with intellectual and developmental disabilities.

01:37:18 PM  

There was no public testimony on the bill.



01:37:53 PM
Motion Refer House Bill 18-1405 to the Committee of the Whole.
Moved Neville T.
Seconded
Jahn Yes
Tate Excused
Zenzinger Yes
Smallwood Excused
Neville T. Yes
Final YES: 3   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



HB18-1411 - Referred to the Committee of the Whole - Consent Calendar


12:40:20 PM  

Senator Smallwood, bill sponsor, presented House Bill 18-1411.  Under current law, a background check is required for child care operators and employees and another background check is required if that agency will be working with vulnerable persons.  The bill allows individuals or agencies who work with vulnerable persons and who also operate a licensed child care agency to undergo just one background check.  Currently, when the Department of Public Safety is requested to conduct two background checks on one person, the department only charges for and conducts one background check.

 

There was no public testimony on the bill.



12:42:56 PM
Motion Refer House Bill 18-1411 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Smallwood
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1208 - Amended, referred to Senate Appropriations


01:48:32 PM  

Senator Neville recessed the meeting.

01:54:19 PM  

Senator Neville reconvened the meeting.

01:55:38 PM  

Senator Martinez Humenik, bill sponsor, presented House Bill 18-1208 and provided a handout to the committee [Attachment E].  Beginning in the current tax year 2018, this bill expands the state income tax credit for child care expenses.  The credit is available to taxpayers who claim a child care expenses credit on their federal income tax return.  Under current law, taxpayers with adjusted gross income (AGI) of $60,000 or less are eligible to claim the state credit.  The credit is equal to:

  • 50 percent of the federal credit for taxpayers with AGI of $25,000 or less;
  • 30 percent of the federal credit for taxpayers with AGI of $25,001 to $35,000; and
  • 10 percent of the federal credit for taxpayers with AGI of $35,001 to $60,000. 

This bill allows taxpayers with AGI of up to $150,000 to claim the state credit.  Under the bill, the state credit is equal to 80 percent of the federal credit for all eligible taxpayers.  Credits are refundable for taxpayers with AGI of up to $60,000.  For taxpayers with AGI between $60,001 and $150,000, credits are nonrefundable and, to the extent that they exceed a taxpayer's income tax liability, may be carried forward for up to five years.

02:05:50 PM  

Michael Cooke, Council For a Strong America, testified in support of bill and provided a handout [Attachment F].

02:08:04 PM  
Rich Jones, The Bell Policy Center, testified in support of the bill.
02:11:05 PM  

Lisa Christie, Women's Foundation of Colorado, testified in support of the bill.

02:13:33 PM  

KiKi McGough, Save the Children Action Network, testified in support of the bill.

02:17:53 PM  

The witnesses responded to questions.



02:27:03 PM
Motion Adopt amendment L.010 [Amendment G].
Moved Smallwood
Seconded
Jahn
Tate
Zenzinger
Smallwood
Neville T.
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:29:20 PM
Motion Refer House Bill 18-1208, as amended, to the Committee on Appropriations.
Moved Smallwood
Seconded
Jahn Yes
Tate Yes
Zenzinger Excused
Smallwood Yes
Neville T. Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB18-1011 - Amended, referred to Senate Appropriations


02:32:38 PM  

Senators Neville and Jahn, co-prime bill sponsors, presented House Bill 18-1011.  This bill modifies the statutory ownership and investment definitions for medical and retail marijuana licensees, removes the limit of 15 out-of-state owners, and allows a publicly traded corporation to invest in a marijuana business or become a marijuana business.  The bill creates two new ownership licenses and a new investment type.

02:39:02 PM  

Jim Burack, Colorado Department of Revenue (DOR), testified in opposition to the bill.

02:44:56 PM  

Dominique Mendiola, DOR, testified in opposition to the bill.

02:47:31 PM  
Ms. Mendiola and Mr. Burack responded to committee questions.
02:47:45 PM  
Dean Heizer, LivWell Enlightened Health,
testified in support of the bill.


03:08:59 PM
Motion Adopt amendment L.019 [Attachment H].
Moved Neville T.
Seconded
Jahn
Tate
Zenzinger
Smallwood
Neville T.
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:09:41 PM
Motion Refer House Bill 18-1011, as amended, to the Committee on Appropriations.
Moved Neville T.
Seconded
Jahn Yes
Tate Yes
Zenzinger No
Smallwood Yes
Neville T. Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-279 - Postponed Indefinitely


03:10:16 PM  

Senator Lambert, bill sponsor, presented Senate Bill 18-279.  The bill allows the Institute of Cannabis Research at Colorado State University-Pueblo (CSU-Pueblo) to develop and demonstrate marijuana certification technology.  The technology must include an agent applied to marijuana plants or products and a device that can scan the agent to indicate whether the plant or product was legally cultivated, manufactured, or sold.  Any agents used must:

    •    be safe for human consumption according to Colorado Department of Public Health and Environment (CDPHE) standards;

    •    contain identifiers that are traceable using distributed ledger (blockchain) technology; and

    •    be accessible to law enforcement agencies and the Department of Revenue (DOR).

After the technology is developed and the Marijuana Enforcement Division (MED) in the DOR is satisfied that the technology is effective, the MED may authorize production of the marijuana certification technology beyond the initial demonstration.  If production is authorized, the MED may promulgate rules to require licensees to use the technology.  The marijuana certification technology may be made available to law enforcement agencies and the MED for purchase and the MED may make the data it collects available to law enforcement agencies at no cost.  Law enforcement agencies may apply to the Department of Local Affairs (DOLA) for financial assistance to purchase the marijuana certification technology from the Gray and Black Market Marijuana Enforcement Grant Program.

03:13:48 PM  

Jon Gray, representing himself, testified in opposition to the bill.

03:16:17 PM  
Cindy Sovine, representing herself, testified in opposition to the bill.
03:16:48 PM  

Kevin Gallagher, Cannabis Business Alliance, testified in opposition to the bill.

03:19:41 PM  

Stacey Linn, CannAbility Foundation, testified in opposition to the bill.

03:22:43 PM  

Amy Bourlon-Hilterbran, American Medical Refugees, testified in opposition to the bill.

03:25:31 PM  

William Chengelis, the US Marijuana Party, testified in opposition to the bill.

03:26:54 PM  
Michelle Walker, Mothers Advocating for Medical Marijuana, testified in opposition to the bill.
03:29:15 PM  

Kristi Kelley, Marijuana Industry Group, testified in opposition to bill.

03:36:10 PM  
Senator Lambert made closing comments.


03:45:37 PM
Motion Adopt amendment L.001 [Attachment I].
Moved Smallwood
Seconded
Jahn
Tate
Zenzinger
Smallwood
Neville T.
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:47:36 PM  

Committee members commented on the bill and amendment.

03:52:42 PM  

Senator Lambert responded to committee comments.  Committee discussion ensued.



04:00:29 PM
Motion Refer Senate Bill 18-279, as amended, to the Committee of the Whole.
Moved Smallwood
Seconded
Jahn No
Tate No
Zenzinger No
Smallwood No
Neville T. No
YES: 0   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


04:00:48 PM
Motion Postpone Senate Bill 18-279 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
Moved Tate
Seconded
Jahn Yes
Tate Yes
Zenzinger Yes
Smallwood Yes
Neville T. Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:01:08 PM   Committee Adjourned






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