H_SA_2018A 05/02/2018 11:01:45 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS Date 05/02/2018 Attendance Benavidez X Hooton X Humphrey * Leonard X Melton X Weissman X Williams D. * Lontine X Foote X Time 11:01:45 AM to 05:13:43 PM Place RM 271 This Meeting was called to order by Foote This Report was prepared by Amanda King Hearing Items Action Taken hSB18-228 Postponed Indefinitely hSB18-077 Postponed Indefinitely hHB18-1426 Amended, referred to the Committee of the Whole hSB18-061 Postponed Indefinitely hSB18-220 Postponed Indefinitely hSB18-221 Postponed Indefinitely hSB18-193 Postponed Indefinitely hSB18-230 Amended, referred to the Committee of the Whole SB18-228 - Postponed Indefinitely Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/5AF0F89368FA...$File/18HouseState0502AttachB.pdf?OpenElement 18HouseState0502AttachB.pdf Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/6B90099874CE...$File/18HouseState0502AttachA.pdf?OpenElement 18HouseState0502AttachA.pdf 11:02:01 AM Representative Van Winkle, bill sponsor, presented Senate Bill 18-228. Under current law, school districts are required to have open enrollment policies that allow a student to enroll in a district school other than his or her assigned school, or to enroll in a school in another school district. For students who enroll across district boundaries, a receiving school district may only transport students from an adjacent school district, and may only reimburse a parent or guardian for transporting such students, if the adjacent school district consents to the transportation. This bill allows a school district to transport a student from any district and to arrange transportation for enrolled students without seeking the consent of the student's resident district. Representative Van Winkle provided a handout to the committee [Attachment A]. He explained amendment L.002 [Attachment B]. 11:05:44 AM Representative Van Winkle answered questions from the committee. 11:09:22 AM Luke Ragland, Ready Colorado, testified in support of the bill. He answered questions from the committee. 11:16:42 AM Matt Cook, Colorado Association of School Boards, testified in opposition to the bill. He answered questions from the committee. 11:25:50 AM Nate Golich, Colorado Education Association, testified in opposition to the bill. He answered questions from the committee. 11:34:03 AM Motion Adopt amendment L.002 [Attachment B]. Moved Williams D. Seconded Humphrey Benavidez Hooton Humphrey Leonard Melton Weissman Williams D. Lontine Foote YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 11:34:04 AM Representative Van Winkle made concluding remarks about the bill. Committee members made comments regarding the bill. 11:38:15 AM Motion Refer Senate Bill 18-228, as amended, to the Committee of the Whole. Moved Williams D. Seconded Leonard Benavidez No Hooton No Humphrey Yes Leonard Yes Melton No Weissman No Williams D. Yes Lontine No Foote No YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 11:38:28 AM Motion Postpone Senate Bill 18-228 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 Melton Seconded Lontine Benavidez Yes Hooton Yes Humphrey No Leonard No Melton Yes Weissman Yes Williams D. No Lontine Yes Foote Yes Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-077 - Postponed Indefinitely 11:38:34 AM Representative Valdez and Representative Reyher, co-prime bill sponsors, presented Senate Bill 18-077. The bill exempts the sale of used motor vehicles from state sales and use tax if the vehicles have previously been titled in the state. Only used motor vehicles valued at $20,000 or less qualify for the exemption. Local governments and special districts that collect sales tax on motor vehicles are not required to adopt this exemption. 11:43:13 AM Representative Reyher and Representative Valdez answered questions from the committee. 11:46:11 AM Brendon Reese, Department of Revenue, answered questions from the committee. 11:47:04 AM Representative Valdez and Representative Reyher made concluding remarks about the bill. Committee members made comments regarding the bill. 11:52:13 AM Motion Refer Senate Bill 18-077 to the Committee on Finance. Moved Williams D. Seconded Leonard Benavidez No Hooton No Humphrey Yes Leonard Yes Melton No Weissman No Williams D. Yes Lontine No Foote No YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 11:52:24 AM Motion Postpone Senate Bill 18-077 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. Moved Melton Seconded Lontine Benavidez Yes Hooton Yes Humphrey No Leonard No Melton Yes Weissman Yes Williams D. No Lontine Yes Foote Yes Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS HB18-1426 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment C http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/2B0C027DF9E8...$File/18HouseState0502AttachC.pdf?OpenElement 18HouseState0502AttachC.pdf 11:52:55 AM Representative Melton and Representative Pabon, co-prime bill sponsors, presented House Bill 18-1426. Under current law, virtual currency activities are not subject to any state regulation. The bill exempts the transmission of virtual currency from the Money Transmitters Act in the Division of Banking in the Department of Regulatory Agencies. The bill defines the term "virtual currency" to mean any type of digital representation of value that is used as a medium of exchange, unit of account, or store of value, which is not recognized as legal tender by the United States government. Representative Melton explained amendment L.002 [Attachment C]. 11:58:34 AM The committee recessed. 11:59:25 AM The committee came back to order. 12:00:01 PM Jennifer Waller, Colorado Bankers Association, testified in opposition to the bill, but said her organization was neutral on the bill if amendmend by amendment L.002. 12:01:15 PM Represenative Melton and Representative Pabon made concluding remarks about the bill. 12:01:15 PM Motion Adopt amendment L.002 [Attachment C]. Moved Melton Seconded Weissman Benavidez Hooton Humphrey Leonard Melton Weissman Williams D. Lontine Foote YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 12:02:11 PM Motion Refer House Bill 18-1426, as amended, to the Committee of the Whole. Moved Melton Seconded Humphrey Benavidez Yes Hooton Yes Humphrey Yes Leonard Yes Melton Yes Weissman Yes Williams D. Yes Lontine Yes Foote Yes Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-061 - Postponed Indefinitely 12:02:46 PM Representative Lawrence, bill sponsor, presented Senate Bill 18-061. For tax year 2018 and all subsequent years, the bill reduces the state income tax rate from 4.63 percent to 4.43 percent. The bill also reduces the alternative minimum tax rate from 3.47 percent to 3.27 percent and reduces the percentage of the federal alternative minimum tax credit allowed to Colorado alternative minimum taxpayers from 12.0 percent to 11.8 percent. Additionally, the income tax rate used in years when the income tax rate reduction TABOR refund mechanism is triggered is reduced from 4.50 percent to 4.305615346 percent. 12:07:36 PM Represenative Lawrence made concluding remarks regarding the bill. Committee members commented on the bill. 12:13:09 PM Motion Refer Senate Bill 18-061 to the Committee on Finance. Moved Williams D. Seconded Leonard Benavidez No Hooton No Humphrey Yes Leonard Yes Melton Excused Weissman No Williams D. Yes Lontine No Foote No YES: 3 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: FAIL 12:13:25 PM Motion Postpone Senate Bill 18-061 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 Weissman Seconded Lontine Benavidez Yes Hooton Yes Humphrey No Leonard No Melton Excused Weissman Yes Williams D. No Lontine Yes Foote Yes Final YES: 5 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS SB18-220 - Postponed Indefinitely Attachment Tag File Name Attachment E http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/674B43710F8C...$File/18HouseState0502AttachE.pdf?OpenElement 18HouseState0502AttachE.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/FD7F4241389F...$File/18HouseState0502AttachD.pdf?OpenElement 18HouseState0502AttachD.pdf 12:13:41 PM Representative Ransom, bill sponsor, presented Senate Bill 18-220. Conditional upon voter approval, the bill prohibits the state and its subdivisions from prohibiting or restricting the flow of information about the citizenship or immigration status of individuals and from encouraging the physical harboring of an illegal immigrant. Representative Ransom provided a written statement from Gray Buckley, Retired Peace Officers of Colorado, to the committee [Attachment D]. 12:22:38 PM Representative Ransom answered questions from the committee. 12:24:35 PM Kyle Huelsman, Colorado Immigrant Rights Coalition, testified in opposition to the bill. He answered questions from the committee. 12:32:32 PM John Sampson, representing himself, testified in support of the bill. He provided a handout to the committee [Attachment E]. He answered questions from the committee. 12:39:27 PM Kathy White, Colorado Fiscal Institute, testified in opposition to the bill. She answered questions from the committee. 12:44:05 PM Marat Kudlis, representing himself, testified in support of the bill. 12:50:40 PM Alli Daley, Colorado Counties, Inc., testified in opposition to the bill. 12:52:54 PM Kirk Fry, representing himself, testified in support of the bill. 12:56:51 PM Patricia Ferrero, Conservation Colorado, testified in opposition to the bill. 12:59:36 PM Finangi Manganez, representing herself, testified in opposition to the bill. 01:00:24 PM Ms. Ferrero answered questions from the committee. 01:02:25 PM Floyd Trujillo, representing himself, testified in support of the bill. 01:05:48 PM Representative Ransom made concluding remarks about the bill. Committee members commented on the bill. 01:15:41 PM Motion Refer Senate Bill 18-220 to the Committee of the Whole. Moved Williams D. Seconded Humphrey Benavidez No Hooton No Humphrey Yes Leonard Yes Melton No Weissman No Williams D. Yes Lontine No Foote No YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 01:15:53 PM Motion Postpone Senate Bill 18-220 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 Melton Seconded Lontine Benavidez Yes Hooton Yes Humphrey No Leonard No Melton Yes Weissman Yes Williams D. No Lontine Yes Foote Yes Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-221 - Postponed Indefinitely Attachment Tag File Name Attachment F http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/2CE092C4C6BD...$File/18HouseState0502AttachF.pdf?OpenElement 18HouseState0502AttachF.pdf Attachment H http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/D5B282EB7742...$File/18Housestate0502AttachH.pdf?OpenElement 18Housestate0502AttachH.pdf Attachment G http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/EEAB8A50280A...$File/18HouseState0502AttachG.pdf?OpenElement 18HouseState0502AttachG.pdf 01:16:01 PM The committee recessed. 01:16:23 PM The committee came back to order. 01:43:17 PM A letter from Doris Beaver opposing the bill was distributed to the committee [Attachment F]. 01:44:29 PM Representative Catlin, bill sponsor, presented Senate Bill 18-221. The bill allows counties with a population of less than 70,000, either by board of county commissioners referendum or citizen initiative, to change the method for electing county commissioners. For counties that currently elect county commissioners by vote of the whole county, this bill allows that method to be changed to elect commissioners by district. For counties that currently elect county commissioners by district, the method can be changed to elect county commissioners by vote of the whole county. 01:48:44 PM Charly Minkler, representing himself, testified in support of the bill. 01:54:24 PM Craig Cates, representing himself, testified in support of the bill. 01:56:11 PM J. Paul Brown, representing himself, testified in support of the bill. He responded to questions from the committee. 02:06:12 PM Mr. Cates and Mr. Brown responded to questions from the committee. 02:10:26 PM Mr. Minkler responded to questions from the committee. 02:12:03 PM Ben Tisdel, Ouray County Board of County Commissioners, testified in opposition to the bill. He distributed a handout to the committee [Attachment G]. 02:20:11 PM Richard Orf, Associated Governments of Northwest Colorado, testified in opposition to the bill. 02:21:15 PM Eric Bergman, Colorado Counties, Inc., testified in opposition to the bill. He provided a handout to the committee [Attachment H]. 02:23:55 PM Deanna Bartee, representing herself, testified remotely from Adams State University in support of the bill. 02:28:44 PM Brant Harrison, Colorado Farm Bureau, testified remotely from Colorado Mesa University in support of the bill. He answered questions from the committee. 02:33:20 PM Anita "Sweetie" Marbury, Mayor of Durango, representing herself, testified remotely from Ft. Lewis College in opposition to the bill. 02:37:13 PM Jean Walter, representing herself, testified remotely from Ft. Lewis College in opposition to the bill. 02:40:57 PM Lawrence Zauberis, representing himself, testified remotely from Ft. Lewis College in support of the bill. He answered questions from the committee. 02:45:37 PM Malynda Nelsen, representing herself, testified remotely from Ft. Lewis College in support of the bill. 02:46:29 PM Paula Craig, representing herself, testified remotely from Ft. Lewis College in support of the bill. She answered questions from the committee. 02:51:41 PM Tara Farrell read a statement from Travis Oliger in support of the bill remotely from Ft. Lewis College. 02:55:38 PM William Swapp, representing himself, testified remotely from Ft. Lewis College in support of the bill. 02:59:26 PM Judy Spady, Free Counties Project, testified remotely from Ft. Lewis College in support of the bill. 03:02:24 PM Tom Prossee, representing himself, testified remotely from Ft. Lewis College in support of the bill. 03:06:47 PM Randy Kirkpatrick, representing himself, testified remotely from Ft. Lewis College in support of the bill. 03:10:15 PM Debbie Lee, representing herself, testified remotely from Ft. Lewis College in support of the bill. 03:11:48 PM Tara Farrell read a statement from Ray Wallace in support of the bill remotely from Ft. Lewis College. 03:13:50 PM Tara Farrell, representing herself, testified remotely from Ft. Lewis College in support of the bill. 03:16:48 PM Theresa Conley, Conservation Colorado, testified in opposition to the bill. 03:20:01 PM Representative Catlin made concluding remarks about the bill. 03:25:37 PM Motion Refer Senate Bill 18-221 to the Committee of the Whole. Moved Williams D. Seconded Humphrey Benavidez No Hooton No Humphrey Yes Leonard Yes Melton No Weissman Yes Williams D. Yes Lontine No Foote No YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL 03:25:51 PM Motion Postpone Senate Bill 18-221 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 Melton Seconded Lontine Benavidez Yes Hooton Yes Humphrey No Leonard No Melton Yes Weissman No Williams D. No Lontine Yes Foote Yes Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-193 - Postponed Indefinitely Attachment Tag File Name Attachment J http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/5284BDDDF4D6...$File/18HouseState0502AttachJ.pdf?OpenElement 18HouseState0502AttachJ.pdf Attachment I http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/8F144C324CAE...$File/18HouseState0502AttachI.pdf?OpenElement 18HouseState0502AttachI.pdf Attachment K http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/ACFC8D6CC659...$File/18HouseState0502AttachK.pdf?OpenElement 18HouseState0502AttachK.pdf 03:26:03 PM Representative Carver, bill sponsor, presented Senate Bill 18-193. The bill prohibits state agencies from imposing an occupational rule unless it is demonstrably necessary and narrowly tailored to achieve a specific, legitimate public health, safety, or welfare objective. Each state agency must conduct a comprehensive review and analysis of every occupational rule it has promulgated and determine whether each regulation should be repealed or amended. Representative Carver distributed amendment L.001, amendment L.002, and an unofficial preamended version of the bill [Attachments I to K]. 03:39:46 PM Daniel Kimbrough, AFL-CIO, testified in opposition to the bill. 03:41:58 PM Andrew Hamer, AFL-CIO, testified in opposition to the bill. 03:44:23 PM Phil Hayes, National Electrical Contractors Association, International Brotherhood of Electrical Workers, and United Association of Pipefitters Local 208, testified in opposition to the bill. 03:47:18 PM Dianna Orf, Colorado Dental Hygienists' Association, testified in opposition to the bill. 03:51:04 PM Marilyn Stansbury, Independent Electrical Contractors Rocky Mountain, testified in opposition to the bill. 03:53:33 PM Jim Dent, Weifield Group Contracting, testified in opposition to the bill. 03:54:48 PM Shari Shiffer-Krieger, Americans for Prosperity, testified in support of the bill. 03:58:33 PM Spence Purnell, Reason Foundation, testified in a neutral capacity on the bill. He answered questions from the committee. 04:04:10 PM Representative Carver explained amendment L.001. 04:05:19 PM Motion Adopt amendment L.001 [Attachment I]. Moved Humphrey Seconded Williams D. Benavidez Hooton Humphrey Leonard Melton Weissman Williams D. Lontine Foote YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:05:20 PM Representative Carver explained amendment L.002. 04:05:43 PM Motion Adopt amendment L.002 [Attachment J]. Moved Humphrey Seconded Williams D. Benavidez Hooton Humphrey Leonard Melton Weissman Williams D. Lontine Foote YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:05:44 PM Representative Carver made concluding remarks about the bill. Committee members made comments regarding the bill. 04:12:13 PM Motion Refer Senate Bill 18-193, as amended, to the Committee on Appropriations. Moved Humphrey Seconded Leonard Benavidez No Hooton No Humphrey Yes Leonard Yes Melton No Weissman No Williams D. Yes Lontine No Foote No YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 04:12:24 PM Motion Postpone Senate Bill 18-193 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 Melton Seconded Lontine Benavidez Yes Hooton Yes Humphrey No Leonard No Melton Yes Weissman Yes Williams D. No Lontine Yes Foote Yes Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-230 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment L http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/3A051D0E5B90...$File/18HouseState0502AttachL.pdf?OpenElement 18HouseState0502AttachL.pdf 04:12:31 PM The committee recessed. 04:12:44 PM The committee came back to order. 04:28:20 PM Representative Saine and Representative Gray, co-prime bill sponsors, presented Senate Bill 18-230. The bill permits the Colorado Oil and Gas Conservation Commission (COGCC) to authorize more than one drilling unit in a pooling order for oil and gas resources. Drilling units may cover any pool, or a portion of a pool. A statutory pooling order must specify that a nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling unit. Representative Saine distributed amendment L.007 [Attachment L]. 04:32:38 PM Representative Saine and Representative Gray responded to questions from the committee. 04:43:39 PM Tracee Bentley, Colorado Petroleum Council, testified in support of the bill. 04:46:17 PM Jill Fulcher, Colorado Petroleum Council, testified in support of the bill. 04:49:27 PM Dan Haley, Colorado Oil and Gas Association, testified in support of the bill. 04:51:12 PM Ms. Fulcher answered questions from the committee. 04:56:27 PM Sophia Guerrero-Murphy, Conservation Colorado, testified in support of the bill if amended by amendment L.007. 04:59:58 PM Morgan Cullen, Colorado Municipal League, testified in support of the bill if amended by amendment L.007. 05:01:49 PM Doug Vilsack, Department of Natural Resources, testified in support of the bill if amended by amendment L.007. 05:02:34 PM Mr. Vilsack answered questions from the committee. 05:02:53 PM Jean Lim, Wildgrass Oil and Gas Committee, testified in support of the bill if amended by amendment L.007. 05:06:26 PM Sara Loflin, League of Oil and Gas Impacted Coloradans, testified in support of the bill if amended by amendment L.007. 05:08:33 PM Ms. Lim answered questions from the committee. 05:09:56 PM Representative Gray discussed amendment L.007. 05:10:48 PM Motion Adopt amendment L.007 [Attachment L]. Moved Weissman Seconded Lontine Benavidez Hooton Humphrey Leonard Melton Weissman Williams D. Lontine Foote YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:10:49 PM Representative Saine and Representative Gray made concluding remarks about the bill. 05:13:26 PM Motion Refer Senate Bill 18-230, as amended, to the Committee of the Whole. Moved Williams D. Seconded Humphrey Benavidez Yes Hooton Yes Humphrey Yes Leonard Yes Melton Yes Weissman Yes Williams D. Yes Lontine Yes Foote No Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 05:13:43 PM Committee Adjourned