S_SA_2016A 03/28/2016 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS
| Date: | 03/28/2016 |
ATTENDANCE
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| Time: | 01:35 PM to 05:09 PM |
Hill
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X
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Jones
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X
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| Place: | SCR 356 |
Ulibarri
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X
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Sonnenberg
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X
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| This Meeting was called to order by |
Scott
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X
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| Senator Scott | |||
| This Report was prepared by | |||
| Jessika Shipley | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-160 HB16-1136 HB16-1275 SB16-163 SB16-035 |
Referred to the Committee of the Whole Postponed Indefinitely Postponed Indefinitely Referred to Appropriations Amended, Referred to Finance |
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01:35 PM -- SB16-160
Senator Lambert, prime sponsor, presented Senate Bill 16-160. This bill clarifies that the state possesses the jurisdictional right to take action on Bureau of Land Management (BLM) or U.S. Forest Service (USFS) lands where the federal government has not reserved exclusive jurisdiction. Action can be taken by the state on its own behalf or on the behalf of a political subdivision such as a local government when conditions adversely affect or pose a clear imminent danger to the life, public health, and safety of residents.
01:37 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.
01:39 PM -- Scott Braden, representing Conservation Colorado, testified in opposition to the bill. He responded to questions from the committee.
01:52 PM
Senator Lambert commented about the opposition testimony.
01:55 PM -- Garrett Reppenhagen, representing himself, testified in opposition to the bill.
01:58 PM -- Fred Cheever, representing himself, testified in opposition to the bill. He responded to questions from the committee.
02:04 PM -- Steve Bonowski, representing Conservatives for Responsible Stewardship and the Colorado Mountain Club, testified in opposition to the bill.
02:13 PM
Senator Lambert wrapped up his presentation of the bill and asked for a favorable recommendation.
| BILL: | SB16-160 | |
| TIME: | 02:25:39 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Refer Senate Bill 16-160 to the Committee of the Whole. The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Hill
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Yes
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Jones
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No
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Ulibarri
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No
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Sonnenberg
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Yes
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Scott
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Yes
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Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:25 PM -- HB16-1136
Senator Garcia, prime sponsor, presented House Bill 16-1136. The bill, as amended by the House Transportation and Energy Committee, requires a common carrier engaged in the transportation of freight by railroad (i.e. the freight rail industry) to have at least two crew members aboard freight trains when in motion, with exceptions. The two exceptions to the two-crew requirement are: when the train is operated by remote in compliance with Federal Railroad Administration (FRA) rule; and when operated by a hostler, utility employee, or distributed power helper service.
The Public Utilities Commission (PUC) in the Department of Regulatory Agencies (DORA) is required to report annually on the number of violations that occurred under the bill to the Transportation Legislation Review Committee. The report must include the type of cargo the freight train was carrying at the time of violation.
Finally, the bill self-repeals if a federal rule or law mandates the minimum number of crew members required for freight trains. If this condition occurs, the PUC director is required to notify the revisor of statutes.
02:27 PM -- Jeffrey Cox, representing himself, testified in support of the bill.
02:31 PM -- Nick Colglazier, representing the Colorado Competitive Council, testified in opposition to the bill.
02:33 PM -- Jake Hamlin, representing International Association of Sheet Metal, Air, Rail and Transportation Workers Local 204, testified in support of the bill. He responded to questions from the committee.
02:38 PM -- Brent Boydson, representing the Colorado Farm Bureau, testified in opposition to the bill.
02:40 PM -- Jason Wardrip, representing the Colorado AFL-CIO, testified in support of the bill.
02:45 PM -- Cathy Norris, representing the Burlington Northern-Santa Fe Railroad, testified in opposition to the bill. She responded to questions from the committee.
02:51 PM -- Paul Pearson, representing for Brotherhood of Locomotive Engineers and Trainmen Local 133, testified in support of the bill. He responded to questions from the committee.
02:57 PM -- Dan O'Connell, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill.
03:01 PM -- Michael Seliquini, representing himself, testified in support of the bill.
03:07 PM -- Mike Ogborn, representing the Colorado short line railroads, testified in opposition to the bill. He provided a letter in opposition to the bill from Linda Bauer Darr (Attachment A). He responded to questions from the committee.
16SenateState0328AttachA.pdf
03:12 PM -- George Last, representing himself, testified in support of the bill.
03:17 PM -- Alan Weed, representing Union Pacific Railroad, testified in opposition to the bill. He responded to questions from the committee.
03:25 PM -- Jeffrey Maxfield, representing himself, testified in support of the bill.
03:29 PM -- Sara Cassidy, representing Union Pacific Railroad, testified in opposition to the bill.
03:35 PM
Senator Garcia responded to questions from the committee.
03:37 PM -- Carl Smith, representing the SMART United Transportation Union, testified in support of the bill.
03:41 PM -- Sean Duffy, representing EVRAZ Rocky Mountain Steel Mill, testified in opposition to the bill.
03:43 PM -- Steffiney Quick, representing herself, testified in support of the bill.
03:46 PM -- Jim Wodke, representing himself, testified in support of the bill.
03:50 PM -- Michael Quick, representing Brotherhood of Locomotive Engineers and Trainmen Local 133, testified in support of the bill.
03:53 PM
Senator Garcia wrapped up his testimony of the bill and asked for a favorable recommendation.
| BILL: | HB16-1136 | |
| TIME: | 03:54:01 PM | |
| MOVED: | Ulibarri | |
| MOTION: | Refer House Bill 16-1136 to the Committee of the Whole. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Hill
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No
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Jones
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Yes
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Ulibarri
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Yes
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Sonnenberg
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No
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Scott
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1136 | |
| TIME: | 03:59:07 PM | |
| MOVED: | Sonnenberg | |
| MOTION: | Postpone House Bill 16-1136 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. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Hill
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Jones
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Ulibarri
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Sonnenberg
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Scott
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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03:59 PM -- HB16-1275
Senators Jones and Donovan, co-prime sponsors, presented House Bill 16-1275. Conditional on voter approval, this bill requires corporations filing a Colorado combined income tax return on or after January 1, 2017 to add income from affiliated corporations incorporated in tax haven jurisdictions. The bill identifies criteria for which jurisdictions are considered tax havens. The Department of Revenue (DOR) will use this criteria to determine tax havens through administrative rule. The director of the DOR may allow corporations with subsidiaries incorporated in tax havens to not report tax haven income if the subsidiary is incorporated in the tax haven for legitimate business purposes.
The bill refers a measure to the voters authorizing the state to retain and spend revenue received by the taxation of a corporation's income that is held in offshore tax havens. If the voters approve this measure, the increase in corporate income tax revenue will be transferred from the General Fund to the State Education Fund. The voter approved revenue increase is exempt from TABOR.
04:07 PM -- Michelle McCarthy, representing the Colorado Bar Association, testified in opposition to the bill.
04:10 PM -- Nikki Dobay, representing the Council on State Taxation, testified in opposition to the bill.
04:16 PM -- Rhonda Sparlin, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill.
04:20 PM -- Patrick Boyle, representing the Colorado Competitive Council, testified in opposition to the bill.
04:24 PM -- Nick Colglazier, representing the Denver Metro Chamber of Commerce, testified in opposition to the bill.
04:27 PM -- Scott Froehlich, representing himself, testified in opposition to the bill.
04:32 PM -- Phillip Horwitz, representing the Colorado Department of Revenue, testified that the department does not have concerns about the bill. He responded to questions from the committee.
04:35 PM -- Richard Eidlin, representing the American Sustainable Business Council, testified in support of the bill.
04:39 PM -- Sami Ibrahim, representing Agility Solutions, testified in support of the bill.
04:42 PM -- Danny Katz, representing CoPIRG, testified in support of the bill.
04:47 PM
Senators Jones and Donovan wrapped up their presentation of the bill and asked for a favorable recommendation.
| BILL: | HB16-1275 | |
| TIME: | 04:54:09 PM | |
| MOVED: | Jones | |
| MOTION: | Refer House Bill 16-1275 to the Committee on Finance with a favorable recommendation. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Hill
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No
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Jones
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Yes
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Ulibarri
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Yes
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Sonnenberg
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No
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Cooke
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB16-1275 | |
| TIME: | 04:55:15 PM | |
| MOVED: | Hill | |
| MOTION: | Postpone House Bill 16-1275 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. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Hill
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Jones
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Ulibarri
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Sonnenberg
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Cooke
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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04:56 PM -- SB16-163
Senator Johnston, prime sponsor, presented Senate Bill 16-163. The bill, recommended by the Committee on Legal Services (committee), requires the Office of Legislative Legal Services (OLLS) to study a recodification of Title 12 of the Colorado Revised Statutes (C.R.S.), which contains state laws regulating professions and occupations. OLLS must solicit input, including estimates of the fiscal impact, from the Judicial Department, specified state agencies, local governments with regulatory authority, representatives of the regulated professions and occupations, and the public. The bill also provides some guidelines directing the study.
OLLS must begin the study in the 2016 interim and provide periodic updates to the Committee on Legal Services. No later than December 31, 2017, the committee must decide whether OLLS will provide the committee proposed legislation to recodify Title 12. The bill is repealed September 1, 2018.
| BILL: | SB16-163 | |
| TIME: | 04:56:39 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer Senate Bill 16-163 to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Hill
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Yes
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Jones
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Yes
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Ulibarri
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Yes
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Sonnenberg
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Yes
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Cooke
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Yes
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YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:57 PM -- SB16-035
Senator Johnston, co-prime sponsor, presented Senate Bill 16-035. The bill creates the Public School Fund Investment Board (board) to oversee investment of the Public School Fund (or Permanent Fund) and broadens the allowable investment options for the fund. The board is charged with establishing policies concerning allowable investments of the fund and the distribution of income and interest earnings. The bill allows the board to hire a private fund manager to advise it about fund investments.
Under current law, the first $21 million in interest earned from investments on the Permanent Fund is used to pay costs of K-12 education through the annual School Finance Act.
Amendment L.008 (Attachment B), which strikes everything below the enacting clause, was distributed to the committee.
16SenateState0328AttachB.pdf
04:59 PM -- Tobin Follenweider, representing the State Land Board, testified in support of the bill.
05:01 PM -- Jon Forbes, Deputy Treasurer, testified in support of the bill.
05:04 PM
The committee discussed the bill with Senator Johnston.
| BILL: | SB16-035 | |
| TIME: | 05:07:07 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.008 (Attachment B). The motion passed on a vote of 3-1, with 1 excused. | |
| SECONDED: | ||
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VOTE
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Hill
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Excused
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Jones
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No
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Ulibarri
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Yes
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Sonnenberg
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Yes
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Cooke
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Yes
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YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB16-035 | |
| TIME: | 05:08:11 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer Senate Bill 16-035, as amended, to the Committee on The motion passed on a vote of 3-1, with 1 excused. | |
| SECONDED: | ||
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VOTE
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Hill
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Excused
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Jones
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No
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Ulibarri
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Yes
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Sonnenberg
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Yes
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Cooke
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Yes
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Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
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05:09 PM
The committee adjourned.