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S_BLT_2016A 05/06/2016 11:51:29 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 05/06/2016
ATTENDANCE
Time: 11:51 AM to 03:29 PM
Baumgardner
X
Heath
X
Place: SCR 354
Hodge
X
Jahn
X
This Meeting was called to order by
Neville T.
X
Senator Holbert
Newell
*
Tate
X
This Report was prepared by
Woods
X
Jeanette Chapman
Holbert
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-197

SB16-206

HB16-1347

HB16-1439

HB16-1438
Amended, Referred to Appropriations

Postponed Indefinitely

Postponed Indefinitely

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole





11:51 AM -- SB 16-197



Senator Holbert discussed the afternoon's proceedings. Senator Steadman introduced Senate Bill 16-197, concerning liquor-licensed drugstores. The bill makes several changes to laws related to the licensing of liquor-licensed drugstores, retail liquor stores, and fermented malt beverage retailers licensed with the Liquor Enforcement Division within the Department of Revenue.



From January 1, 2017, through January 1, 2027, a liquor-licensed drugstore can obtain up to five additional liquor-licensed drugstore licenses. To do so, the drugstore must file a single application with the LED and the local licensing authority to transfer ownership of up to two retail liquor stores, change the location of one of the retail liquor stores, and merge and convert two retail liquor licenses into one liquor-licensed drugstore licence.



A drugstore applying to merge two retail licenses is not eligible for a temporary permit and a local licensing authority may consider the reasonable requirements of the neighborhood and hold a hearing if sufficient notice is given. The bill specifies that the local licensing fee for a transfer of ownership, change of location, and license merger and conversion may not exceed $1000 and that the transfer, merger, and conversion is only permitted if:

  • the retail liquor stores and the drugstore applicant's premises are within the same local licensing authority;
  • the drugstore transfers ownership of all retail liquor stores within a specified radius; and
  • the drugstore's licensed premise will not be within specified distances of another licensed liquor retail store in the same local licensing authority jurisdiction.

The bill allows individuals with a financial interest in a liquor-licensed drugstore to have an interest in certain other liquor licensed entities and establishes requirements for:






  • liquor-licensed drugstores related to the purchase, sale, and display of alcohol;
  • licensed wholesalers related to making deliveries to and ensuring that all available alcohol offered by wholesalers can be purchased by a liquor-licensed drugstore; and
  • licensed manufacturers and importers related to providing products to liquor-licensed drugstores.



Senator Steadman provided Amendment L.006 (Attachment A) to the committee.



160506 AttachA.pdf160506 AttachA.pdf



12:20 PM --
Jim Shpall, Apple Jack Wine & Spirits, spoke about the bill. He responded to questions from the committee.



12:39 PM --
Jim Dean, Colorado Licensed Beverage Association, spoke in favor of the bill.



12:41 PM --
Scott Chase, Coloradoans for Safety, spoke in favor of the bill. He responded to questions from the committee.



12:53 PM --
Steve Durham, Distilled Spirits Council of the United States (DISCUS), spoke in favor of the bill.



12:55 PM --
Micki Hackenberger, Wine and Spirits Wholesalers, spoke in favor of the bill.



12:56 PM --
Laura Long, Colorado Brewers Guild, spoke in favor of the bill. She responded to questions from the committee.



01:01 PM --
Steve Findley, Colorado Beer Distributors, spoke in favor of the bill.



01:03 PM --
Grier Bailey, Colorado Wyoming Petroleum Marketing Association, spoke in favor of the bill.



01:05 PM --
Josh Phair, WalMart, spoke in favor of the bill.



01:06 PM --
Jeanne McEvoy, Colorado Licensed Beverage Association, spoke in favor of the bill.



01:12 PM --
Ted Trimpa, Your Choice Colorado Campaign, spoke about the bill.



01:15 PM --
Patrick Maroney, Liquor Enforcement Division, Department of Revenue, responded to questions from the committee.





01:18 PM --
Kevin Bommer, Colorado Municipal League, spoke about the bill. He responded to questions from the committee.

BILL: SB16-197
TIME: 01:20:45 PM
MOVED: Woods
MOTION: Adopt amendment L.006. The motion passed without objection.
SECONDED:
VOTE
Baumgardner
Heath
Hodge
Jahn
Neville T.
Newell
Tate
Woods
Holbert
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: SB16-197
TIME: 01:24:55 PM
MOVED: Woods
MOTION: Adopt amendment L.010 (Attachment B). The motion passed on a vote of 7-2.
SECONDED:
VOTE
Baumgardner
No
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
No
Tate
Yes
Woods
Yes
Holbert
Yes
YES: 7 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



160506 AttachB.pdf160506 AttachB.pdf




BILL: SB16-197
TIME: 01:53:00 PM
MOVED: Woods
MOTION: Refer Senate Bill 16-197, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Baumgardner
Yes
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
Yes
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



01:35 PM



The committee took a brief recess.



01:49 PM -- SB 16-206



Senate Bill 16-206 concerns banning powdered alcohol. The bill prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. A person who violates this prohibition, is subject to punishment for a class 2 misdemeanor. Hospitals, state institutions, private colleges and universities, and pharmaceutical or biotechnology companies that are conducting bona fide research and have filed a notice of possession of powdered alcohol with the Department of Public Health and Environment by September 1, 2016, or 30 days in advance of acquisition are exempted from this prohibition.



01:50 PM --
Nick Hoover, Colorado Restaurant Association, spoke in favor of the bill. He responded to questions from the committee.



02:03 PM --
Brett Moore, Colorado Bar Owners Association, spoke in favor of the bill. He responded to questions from the committee.



02:08 PM --
Patrick Maroney, Liquor Enforcement Division, Department of Revenue, responded to questions from the committee.



02:21 PM --
Bill Artist, Colorado Rockies and Denver Broncos, spoke in support of the bill. He responded to questions from the committee.





02:23 PM



Senator Cadman and Senator Scheffel, joint bill sponsors, made comments on the merits of the bill. Committee discussion ensued.

BILL: SB16-206
TIME: 02:42:00 PM
MOVED: Hodge
MOTION: Refer Senate Bill 16-206 to the Committee of the Whole. The motion failed on a vote of 4-5.
SECONDED:
VOTE
Baumgardner
No
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
No
Newell
Yes
Tate
No
Woods
No
Holbert
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB16-206
TIME: 02:43:04 PM
MOVED: Woods
MOTION: Postpone Senate Bill 16-206 indefinitely using a reversal of the previous roll call. The motion passed 5-4.
SECONDED:
VOTE
Baumgardner
Yes
Heath
No
Hodge
No
Jahn
No
Neville T.
Yes
Newell
No
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS











02:44 PM -- HB 16-1347



Senator Ulibarri introduced House Bill 16-1347, concerning wage law violations. The reengrossed bill requires the Division of Labor in the Colorado Department of Labor and Employment to treat information pertaining to a wage law violation as public record. An employer may designate information submitted to the division as proprietary, a trade secret, or privileged information as long as the director of the division is not bound by the employer's designation.



02:47 PM --
Larry Hudson, Colorado Association of Commerce and Industry, spoke about the bill.

BILL: HB16-1347
TIME: 02:50:25 PM
MOVED: Heath
MOTION: Refer House Bill 16-1347 to the Committee of the Whole. The motion failed on a vote of 4-5.
SECONDED:
VOTE
Baumgardner
No
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
No
Newell
Yes
Tate
No
Woods
No
Holbert
No
YES: 4 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: HB16-1347
TIME: 02:54:08 PM
MOVED: Woods
MOTION: Postpone House Bill 16-1347 indefinitely. The motion passed on a vote of 5-4.
SECONDED:
VOTE
Baumgardner
Yes
Heath
No
Hodge
No
Jahn
No
Neville T.
Yes
Newell
No
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS











02:55 PM -- HB 16-1439

BILL: HB16-1439
TIME: 02:57:10 PM
MOVED: Neville T.
MOTION: Refer House Bill 16-1439 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Baumgardner
Yes
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
Yes
Newell
Yes
Tate
Yes
Woods
Yes
Holbert
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:00 PM -- HB 16-1438



Senator Martinez-Humenik introduced House Bill 16-1438, concerning employer accommodations related to pregnancy. The bill requires employers to engage in a timely, good-faith, interactive process to determine if an employee requires reasonable accommodations related to pregnancy or physical recovery from childbirth. Employers must provide these accommodations to an applicant for employment or to an employee, if requested, unless the accommodations place an undue hardship on the employer's business.



03:05 PM --
Loren Furman, Colorado Association of Commerce and Industry, spoke about the bill.



03:06 PM --
Brooke Colaizzi, Colorado Association of Commerce and Industry, spoke about the bill. She responded to questions from the committee.





03:15 PM --
Isabelle Campanella, Association of Women's Heath, Obstetric and Neonatal Nurses, spoke in favor of the bill. She provided a handout to the committee (Attachment C). She responded to questions from the committee.



160506 AttachC.pdf160506 AttachC.pdf

BILL: HB16-1438
TIME: 03:23:51 PM
MOVED: Woods
MOTION: Refer House Bill 16-1438 to the Committee of the Whole. The motion passed on a vote of 6-3.
SECONDED:
VOTE
Baumgardner
No
Heath
Yes
Hodge
Yes
Jahn
Yes
Neville T.
No
Newell
Yes
Tate
Yes
Woods
Yes
Holbert
No
Final YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:28 PM



The committee adjourned.


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Temporary Guidelines for Review and Comment Meetings

The House will meet in limited session on Thursday, April 2nd. The Senate adjourned. The Capitol will be open for the duration of the session for those with essential business related to the session. The building will not be available for public tours. People without essential business are encouraged to access the session through the General Assembly website and Colorado Channel.  Anybody with essential business related to the session will be required to practice appropriate social distancing measures.