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S_LG_2017A 04/04/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON LOCAL GOVERNMENT

Date: 04/04/2017
ATTENDANCE
Time: 02:08 PM to 03:59 PM
Crowder
X
Donovan
X
Place: SCR 354
Kefalas
*
Gardner
*
This Meeting was called to order by
Martinez Humenik
X
Senator Martinez Humenik
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1203

HB17-1215
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





02:10 PM -- HB 17-1203



Senator Martinez Humenik and Senator Crowder, co-prime sponsors, discussed the provisions of House Bill 17-1203 concerning local government special sales tax on retail marijuana and distributed Amendment L.009 (Attachment A). This bill authorizes counties and statutory cities to collect voter approved special sales taxes on retail marijuana. The bill specifies that a county tax applies to retail marijuana sales in municipalities within the county if there are no municipal special sales taxes on retail marijuana. If municipalities within the county impose a special sales tax, then the county special sales tax only applies to sales in a municipality if the county and the municipality enter into an intergovernmental agreement regarding the county tax. The bill provides statutory authority to the existing voter approved special sales taxes if they comply with other provisions in the bill.



170404 AttachA.pdf170404 AttachA.pdf



The following persons testified on the bill:



02:14 PM --
Eva Henry, representing Adams County Board of County Commissioners, spoke in opposition to the bill and discussed a recent court of appeals decision concerning the authority of counties to collect a sales tax on retail marijuana.



02:18 PM --
Charles "Chaz" Tedesco, representing Adams County Board of County Commissioners, spoke in opposition to the bill and explained how the county uses revenue from its marijuana sales tax for scholarships for low-income students.











02:21 PM --
Steve O'Dorisio, representing Adams County Board of County Commissioners, spoke in opposition to the bill and proposed an amendment to HB 17-1203 concerning the allocation of revenue from a county marijuana sales tax to municipalities. He also responded to questions from the committee about his proposed amendment.



02:24 PM



The commissioners responded to questions from the committee about their opposition to the bill and Commissioner O'Dorisio's proposed amendment.



02:39 PM --
Chuck Gross, representing Adams County Education Association, spoke in opposition to the bill and explained how revenue from the Adams County marijuana tax is used for scholarships for low-income county residents. He also responded to questions from the committee about the scholarships funded by the county sales tax and the authority of the county to use this revenue for another purpose.



02:46 PM --
Dale Mingleton, representing Adams 14 Education Foundation, spoke in opposition to the bill and explained how revenue from the Adams County marijuana tax is used for scholarships for low-income county residents. He also responded to questions from the committee about his concerns with the bill.



02:57 PM --
Eric Bergman, representing Colorado Counties Inc. (CCI), explained that his organization is neutral on the bill and discussed the authority of counties to generate revenue from retail marijuana sales. He also responded to questions from the committee about why CCI is neutral on the bill.



03:00 PM -- Jason Hopfer, representing Pueblo County, spoke in support of the bill and responded to prior testimony in opposition to the bill. He also discussed Pueblo County's tax on marijuana and responded to questions from the committee about the bill.



03:06 PM --
Kevin Bommer, representing the Colorado Municipal League, testified in favor of the bill and discussed the authority of counties to impose general and specialized taxes. He also responded to questions from the committee about the authority of counties and municipalities to impose a sales tax on retail marijuana under current law and the recent court of appeals decision concerning the authority of counties to impose a sales tax on retail marijuana. He also spoke in opposition to the amendment to HB 17-1203 proposed by Commissioner O'Dorisio concerning the allocation of revenue from a county marijuana tax.



03:24 PM -- Shawn Coleman, representing Terrapin Care Station, spoke in favor of the bill.



03:27 PM -- Kyle Mullica, representing the City of Northglenn, spoke in favor of the bill and discussed the licensing and taxation of retail marijuana by the city and Adams County. He also discussed the recent court of appeals decision concerning the authority of counties to impose a sales tax on retail marijuana and responded to questions from the committee regarding the city's marijuana tax.



03:32 PM --
Corey Hoffman, representing the city of Northglenn, spoke in support of the bill and responded to prior testimony. He also discussed the recent court of appeals decision concerning the authority of counties to impose a sales tax on retail marijuana and responded to questions from the committee about the bill and current law concerning taxation of retail marijuana.



03:44 PM --
Renee Bullock, Mayor Pro-tem for Commerce City, spoke in support of the bill and discussed the taxation of the retail marijuana by the city.





03:48 PM



The chair closed testimony. Senator Martinez Humenik and Senator Crowder closed their remarks on the bill.

BILL: HB17-1203
TIME: 03:50:34 PM
MOVED: Martinez Humenik
MOTION: Adopt amendment L.009. The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Gardner
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1203
TIME: 03:51:36 PM
MOVED: Martinez Humenik
MOTION: Refer House Bill 17-1203, as amended, to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Gardner
No
Martinez Humenik
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:52 PM



The committee recessed.






















03:54 PM -- HB 17-1215



The committee returned from recess. Senator Gardner and Senator Kagan, co-prime sponsor, discussed the provisions of House Bill 17-1215 concerning mental health support for peace officers. This bill encourages each sheriff and municipal police department to adopt a policy under which mental health professionals, to the extent practicable, provide on-scene response services and counseling services to peace officers. The bill creates the Peace Officers Mental Health Support Grant Program in the Department of Local Affairs (DOLA) to support these local government efforts. Grants are to be funded with available gifts, grants, and donations and any other moneys that the General Assembly may appropriate or transfer to the fund, which are credited to the newly created Peace Officers Mental Health Support Fund. A local government may use grant funding to hire mental health professionals. The grant program repeals on September 1, 2027.



There was no testimony on the bill:



03:55 PM



Senator Crowder distributed Amendment L.002 (Attachment B).



170404 AttachB.pdf170404 AttachB.pdf

BILL: HB17-1215
TIME: 03:56:20 PM
MOVED: Gardner
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Crowder
Donovan
Kefalas
Gardner
Martinez Humenik
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1215
TIME: 03:57:33 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1215, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Crowder
Yes
Donovan
Yes
Kefalas
Yes
Gardner
Yes
Martinez Humenik
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:59 PM



The committee adjourned.




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