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J_SRC_2020A 01/16/2020 07:35:49 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON STATUTORY REVISION COMMITTEE
Date 01/16/2020
Attendance
Arndt X
Brad Ramming, Esq. E
Patrice Bernadette Collins, Esq. E
McKean X
Moreno X
Tate X
Valdez D. X
Van Winkle E
Zenzinger X
Woodward X
Time 07:35:49 AM to 08:56:41 AM
Place SCR 352
This Meeting was called to order by Senator Woodward
This Report was prepared by Jessica Wigent
Hearing Items Action Taken
Introduce LLS 0949 – Broadens title of SB 20-045 Committee Discussion Only
Align state financial aid statutes with current practice LLS 20-0399 Committee Discussion Only
Bills related to the Department of Revenue and Title 39 Committee Discussion Only
Amendments due to automatic repeal of tax credits Committee Discussion Only
Income tax statute modifications to address defects Committee Discussion Only
Sales tax statute modifications to address defects Committee Discussion Only
Enterprise zone statute fix defects Committee Discussion Only
Modify certain tax statutes to address defects Committee Discussion Only
Returning to discuss LLS 20-0828 Committee Discussion Only
Correction of S.B. 19-263 effective date clause Committee Discussion Only
Laying over rest of agenda until Fri 1/24 @ 7:30 Committee Discussion Only

X = Present, E = Excused, A = Absent, * = Present after roll call
07:36:31 AM

According to the statute that created the Statutory Revision Committee, the vice-chair and the chair, who were both elected in January of 2019, now change positions. Senator Woodward is now the chair of the SRC and Senator Zenzinger is the vice-chair.

Kristen Forrestal, OLLS, testified before the committee, explaining that the title of SB 20-045, which was approved for introduction at the October 2019 SRC meeting, needed to be broadened. To do this, a new bill must be introduced. The title of SB 20-045 reads "Concerning the mandatory contents of each license issued to a hospital by the department of public health and environment." The title of LLS 0949 reads "Concerning the mandatory contents of each license issued to a health facility by the department of public health and environment." The contents of the bills are identical; only the titles and short titles have been updated.



Introduce LLS 0949 – Broadens title of SB 20-045 - Committee Discussion Only



07:40:50 AM
Motion Introduce LLS 0949 – Broadens title of SB 20-045
Moved Zenzinger
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection



Align state financial aid statutes with current practice LLS 20-0399 - Committee Discussion Only


07:41:28 AM  

Julie Pelegrin, OLLS, testified before committee, explaining that at the the October 2019 meeting, she had presented a memo to the SRC concerning aligning state financial aid statutes with current practice. At the meeting, the committee asked Ms. Pelegrin to draft a bill, which she presented today.           

07:51:38 AM  

Amanda Bickel, JBC, testified before the committee, discussing the input from the department of higher education on the bill.



08:01:26 AM
Motion Refer LLS 20-0399 to JBC
Moved Zenzinger
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Bills related to the Department of Revenue and Title 39 - Committee Discussion Only


08:02:27 AM  

Esther van Mourik, OLLS, testified before the committee.



Amendments due to automatic repeal of tax credits - Committee Discussion Only




08:06:04 AM
Motion Introduce LLS 20-0575
Moved Tate
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Income tax statute modifications to address defects - Committee Discussion Only


08:09:13 AM  

Esther van Mourik, OLLS, testified before the committee, explaining that the bill corrects defects and anachronisms in the income tax statutes, including statutes that are no longer effective because of changes to federal law and statutes that reference now-repealed sections of state law. The bill summary details the reasons for the changes to statute in each section of the bill.

08:09:14 AM  

Josh Pens, Department of Revenue, testified before the committee, explaining that Colorado is a rolling conformity state, which means that because we start with federal taxable income, any changes that Congress makes to the calculation of federal taxable income automatically affect Colorado's starting point, unless the General Assembly makes an addition or subtraction. He explained that it was unlikely that the marriage penalty, which is reference in the bill, would return.



08:21:38 AM
Motion Introduce LLS 20-0827
Moved Tate
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Sales tax statute modifications to address defects - Committee Discussion Only


08:24:13 AM  

Esther van Mourik, OLLS, testified before the committee, explaining that the bill corrects defects and anachronisms in the sales tax statutes. The bill summary details the reasons for the changes to statute in each section of the bill.

08:25:45 AM  

Josh Pens, from the Depart of Revenue, also testified, explaining that, in connection with section 3 of the bill, the temporary partial sales tax rate reduction is being repealed because anyone who qualifies for that reduction also qualifies for the full rate reduction for low-emitting vehicles in another statutory section.



08:33:15 AM
Motion Introduce LLS 20-0828
Moved Zenzinger
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Enterprise zone statute fix defects - Committee Discussion Only


08:36:31 AM  

Esther van Mourik, OLLS, testified before the committee, explaining that the bill removes obsolete provisions and relocates and corrects cross-references.



08:37:33 AM
Motion Introduce LLS 20-0830
Moved Tate
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Modify certain tax statutes to address defects - Committee Discussion Only


08:39:02 AM  

Esther van Mourik, OLLS, explained that the bill inconsistencies, defects, and conflicts in a few various tax statutes.

08:41:13 AM  

Josh Pens, from the Department of Revenue, also testified, regarding section 3 of the bill, explaining that aligning the tax threshold above which a taxpayer must remit estimated payments to $5,000 was the General Assembly's intent and that the department has been administering the statute at $5,000, to keep with the GA's intent, even though the statue has previously incorrectly stated $1,000.



08:42:11 AM
Motion Introduce LLS 20-0831
Moved McKean
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Returning to discuss LLS 20-0828 - Committee Discussion Only


08:45:31 AM  

The committee revisited the discussion of LLS 20-0828, and whether the committee would not object to Rep. McKean offering an amendment once the bill is introduced.



Correction of S.B. 19-263 effective date clause - Committee Discussion Only


08:48:52 AM  

Jason Gelender, OLLS, testified before the committee, explaining that the effective date in SB 19-163 erroneously references a "citizen-initiated ballot issue", rather than the referred ballot issue. If the error is not corrected and the voters of the state approve the ballot issue authorizing the state to issue transportation revenue anticipation notes (TRANs) that will be referred for their approval or rejection at the November 2020 general election, TRANs will be issued in addition to, rather than in lieu of, Senate Bill 17-267 lease-purchase agreements that current law requires the state to execute during the 2020-21 and 2021-22 state fiscal years. That result would be directly contrary to the intent of the general assembly in enacting both Senate Bill 19-263 and Senate Bill 18-001 that any voter-approved TRANs be issued in lieu of, and not in addition to, the as yet unissued lease-purchase agreements. The bill amends the 2019 Session Laws of Colorado to correct the error in the effective date section of Senate Bill 19-263.



08:53:58 AM
Motion Amend LLS 20-0801 - Update title to remove reference of drafting error.
Moved Moreno
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection


08:54:40 AM
Motion Introduce LLS 20-0801 as amended
Moved Zenzinger
Seconded
Arndt
Brad Ramming, Esq. Excused
Patrice Bernadette Collins, Esq. Excused
McKean
Moreno
Tate
Valdez D.
Van Winkle Excused
Zenzinger
Woodward
YES: 0   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  Pass Without Objection



Laying over rest of agenda until Fri 1/24 @ 7:30 - Committee Discussion Only



08:56:41 AM   The committee adjourned.