h_bus_2016a_2016-04-28t14:39:23z2 Hearing Summary

Date: 04/28/2016

04:16 PM



The committee took a brief recess.



04:25 PM



The committee reconvened.



04:25 PM -- HB 16-1370



Representative Coram and Representative Singer introduced House Bill 16-1370. The bill as introduced requires all retailers selling cigarettes, tobacco products, or nicotine products to register with the Liquor Enforcement Division in the Department of Revenue (DOR) by January 1, 2017. Under current law, incorporated cities, towns, and counties receive 27 percent of the gross state cigarette tax collections so long as they do not impose fees, licenses, or taxes as a condition for engaging in the business of selling cigarettes or taxing cigarettes. The bill extends this prohibition to include tobacco and nicotine products and adds the revenue collected from the tobacco products tax to the taxes that are distributed to cities, towns, and counties. The bill doubles the penalties for sale of cigarettes, tobacco products, and nicotine products to minors that are deposited into the Cigarette, Tobacco Product, and Nicotine Product Use by Minors Prevention Fund. Under current law, until September 1, 2018, if a tobacco products distributor pays excise taxes on products that are then sent out-of-state, the DOR credits the tax to the distributor. The bill makes the excise tax credit permanent.



The bill sponsors provided the committee with a packet (Attachment F) and a copy of amendment L.005 (Attachment G).



160428 AttachF.pdf160428 AttachG.pdf



The bill sponsors responded to questions from the committee.



04:33 PM -- Dr. Gabriel Kaplan, Colorado Department of Public Health and Environment (CDPHE), testified in opposition to the bill. Dr. Kaplan responded to questions from the committee and provided two handouts to the committee (Attachment H & Attachment I). Dr. Kaplan also provided a copy of a letter from the chair and vice chair of the Tobacco Education, Prevention, and Cessation Grant Program Review Committee (Attachment J).



160428 AttachH.pdf160428 AttachI.pdf160428 AttachJ.pdf



04:48 PM



Discussion continued between Dr. Kaplan, the bill sponsors, and committee members.



04:51 PM -- Jeff Cain, Colorado Academy of Family Physicians and Children's Hospital Colorado, testified in opposition to the bill.



04:54 PM -- Saiorse Charis-Graves, Golden City Council, testified in opposition to the bill. Ms. Charis-Graves also provided a copy of a resolution adopted by the Golden City Council (Attachment K).



160428 AttachK.pdf



04:57 PM -- Mark Ruzzin, Boulder County Board of County Commissioners and Boulder County Board of Health, testified in opposition to the bill.



04:59 PM



Ms. Charis-Graves responded to questions from the committee.



05:01 PM -- Geoff Wilson, Colorado Municipal League (CML), testified in opposition to the bill unless amended.



05:03 PM -- Dan Sapienza, Health District of Northern Larimer County, testified in opposition to the bill.



05:04 PM -- Chris Bui, Colorado Public Health Association, testified in opposition to the bill.



05:05 PM -- Lisa VanRaemdonck, Colorado Association of Local Public Health Officials, testified in opposition to the bill.



05:06 PM



Mr. Sapienza, Mr. Bui, and Ms. VanRaumdonck responded to questions from the committee.



05:11 PM -- Rick Ritter, representing himself, testified in opposition to the bill.



05:14 PM -- Angelo Griego, Rocky Ford Police Department, testified in opposition to the bill.



05:17 PM -- RJ Ours, American Cancer Society Cancer Action Network and Colorado Tobacco Control Alliance, testified in opposition to the bill.



05:20 PM -- Jodi Radke, Campaign for Tobacco Free Kids, testified in opposition to the bill. Ms, Radke provided a handout to the committee (Attachment L).



160428 AttachL.pdf



05:22 PM -- Jill Bednarek, CDPHE, testified in opposition to the bill.



05:25 PM -- Chris Howes, Colorado Retail Council, testified in support of the bill.



05:27 PM -- Mary Lou Chapman, Rocky Mountain Food Industry Association, testified in support of the bill.



05:29 PM -- Grier Bailey, Colorado Wyoming Petroleum Marketing Association, testified in support of the bill. Mr. Bailey responded to questions from the committee.



05:36 PM -- Mary Szarmach, Smoker Friendly, testified in support of the bill.

05:46 PM



The bill sponsors and committee members made closing remarks.

05:50 PM



The committee adjourned.