S_FIN_2016A 02/09/2016 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON FINANCE
| Date: | 02/09/2016 |
ATTENDANCE
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| Time: | 02:05 PM to 04:28 PM |
Holbert
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X
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Johnston
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*
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| Place: | LSB B |
Kerr
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X
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Hill
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X
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| This Meeting was called to order by |
Neville T.
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X
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| Senator Neville T. | |||
| This Report was prepared by | |||
| Kori Donaldson | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-036 SB16-072 HB16-1044 SB16-044 HB16-1044 |
Amended, Referred to Appropriations Referred to Appropriations Referred to the Committee of the Whole Laid Over Referred to the Committee of the Whole |
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The committee was called to order. A quorum was present.
02:06 PM -- SB16-036
Senators Jahn and Neville, co-prime sponsors, presented Senate Bill 16-036, which changes the circumstances under which a taxpayer is required to set aside money when he or she files a notice of appeal of a tax decision with a court. The bill repeals the requirement that a taxpayer set aside money for all appeals to a district court, except in cases of a frivolous tax claim submission as determined by the Department of Revenue (DOR). Rather than setting aside money before a tax case is heard by the district court, a taxpayer does not have to set aside money unless he or she appeals a district court decision to an appellate court or to the Colorado Supreme Court. In these cases, money must be set aside no later than 14 days after the district court ruling.
The amount required to be set aside mirrors current law. The taxpayer may choose to:
- • post a surety bond equal to twice the amount of taxes, interest, and other charges stated as due;
• deposit twice the amount stated as due in a saving account, or obtain a certificate of deposit; or
• deposit the amount stated as due with the DOR.
If the taxpayer chooses to deposit the amount stated as due with the DOR, further interest is not accrued while the money is set aside.
02:10 PM -- Mr. Geoff Wilson, representing the Colorado Municipal League, testified in support of the bill. Committee members received Amendment L.003 (Attachment A). Mr. Wilson explained Amendment L.003.
16SenateFin0209AttachA.pdf
02:15 PM -- Ms. Laura Long, representing the Jefferson County Business Lobby, testified in support of the bill.
02:17 PM -- Mr. Paul Archer, representing the Coalition to Simplify the Colorado Sales Tax, testified in support of the bill.
02:19 PM
Senators Jahn and Neville made some closing remarks on the bill. Senator Neville distributed and explained Amendment L.004 (Attachment B).
16SenateFin0209AttachB.pdf
| BILL: | SB16-036 | |
| TIME: | 02:22:19 PM | |
| MOVED: | Neville T. | |
| MOTION: | Adopt amendment L.003. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Holbert
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Johnston
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Kerr
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Hill
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Neville T.
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-036 | |
| TIME: | 02:22:21 PM | |
| MOVED: | Neville T. | |
| MOTION: | Adopt amendment L.004. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Holbert
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Johnston
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Kerr
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Hill
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Neville T.
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-036 | |
| TIME: | 02:23:45 PM | |
| MOVED: | Neville T. | |
| MOTION: | Refer Senate Bill 16-036, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Holbert
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Yes
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Johnston
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Yes
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Kerr
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Yes
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Hill
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Yes
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Neville T.
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:23 PM -- SB16-072
Senator Kerr, prime sponsor, presented Senate Bill 16-072. The bill, as amended by the Senate Education Committee, establishes the following incremental caps on lease payments for public school facility capital construction projects financed through the Building Excellent Schools Today Program (BEST):
• $80 million in FY 2015-16;
• $90 million in FY 2016-17;
• $100 million in FY 2017-18;
• $110 million in FY 2018-19; and
• $120 million in FY 2019-20 and thereafter.
In addition, the amended bill eases certain eligibility requirements for charter schools to apply for grants from the BEST program.
| BILL: | SB16-072 | |
| TIME: | 02:25:40 PM | |
| MOVED: | Kerr | |
| MOTION: | Refer Senate Bill 16-072 to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Holbert
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Yes
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Johnston
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Yes
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Kerr
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Yes
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Hill
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Yes
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Neville T.
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:26 PM -- HB16-1044
Senator Hill, prime sponsor, presented House Bill 16-1044. The reengrossed bill extends two real dates related to the Petroleum Storage Tank Fund (fund) by five years. First, the bill extends to September 1, 2023, from July 1, 2018, a trigger that would reduce the environmental response surcharge assessment to a flat $25, or eliminate it entirely if the fund balance exceeds $8 million. Second, the bill extends to September 1, 2023, from July 1, 2018, the law authorizing the use of the fund for petroleum storage tank facility inspections and meter calibrations.
| BILL: | HB16-1044 | |
| TIME: | 02:29:14 PM | |
| MOVED: | Holbert | |
| MOTION: | Refer House Bill 16-1044 to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Holbert
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Yes
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Johnston
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Yes
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Kerr
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Yes
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Hill
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Yes
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Neville T.
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Yes
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YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:31 PM
The committee recessed.
02:36 PM -- SB16-044
Senator Sonnenberg, prime sponsor, presented Senate Bill 16-044. The bill states that the only allowable reason for the Colorado Department of Revenue to contest a conservation easement tax credit claim is if the appraised value is supported solely by an appraiser convicted of a crime in connection with the preparation of an appraisal. The change applies both to conservation easements donated prior to January 1, 2014, and to conservation easements donated on or after the bill is signed into law. Additionally, the bill directs the Department of Revenue to refund the amount of tax, interest, or penalty paid by a taxpayer in connection with a previously contested claim for any reason other than that stated in the bill.
02:45 PM -- Ms. Debbie Van Wyke, representing the Colorado Department of Revenue. Ms. Van Wyke testified in opposition to the bill. Committee members received background on the gross conservation easement credits (Attachment C).
16SenateFin0209AttachC.pdf
02:51 PM -- Mr. Eric Meyer, representing the Colorado Attorney General, testified in opposition to the bill.
03:04 PM -- Mr. Benjamin Waters, representing the Colorado Coalition of Land Trusts, testified in opposition to the bill. Senator Sonnenberg commented on earlier testimony.
03:08 PM -- Mr. Alan Gentz, representing himself, testified in support of the bill. Mr. Gentz provided the committee with a copy of his testimony (Attachment D). Mr. Gentz responded to comments and questions from the committee.
16SenateFin0209AttachD.pdf
03:23 PM -- Ms. Dori Richards, representing the Landowners United Advocacy Foundation, testified in support of the bill.
03:37 PM -- Mr. JD Wright, representing the Landowners United Advocacy Foundation, testified in support of the bill.
03:45 PM
Ms. Richards answered a question from the committee about existing case law.
03:52 PM -- Ms. Lori Hulbert, representing herself, testified in support of the bill.
03:59 PM -- Ms. Jillane Hixson, representing herself, testified in support of the bill. Ms. Hixson provided the committee with a copy of her testimony (Attachment E) and a history of conservation easement tax credits (Attachment F).
16SenateFin0209AttachE.pdf 16SenateFin0209AttachF.pdf
04:18 PM
Senator Sonnenberg made closing remarks on the bill. Members of the committee made closing remarks on the bill.
04:24 PM
Senator Neville laid the bill over to a later date.
04:42 PM -- HB16-1044
| BILL: | HB16-1044 | |
| TIME: | 04:24:20 PM | |
| MOVED: | Hill | |
| MOTION: | Having voted on the prevailing side, reconsider the previous motion to refer HB 16-1044 to the Committee on Appropriations. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Holbert
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Johnston
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Kerr
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Hill
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Neville T.
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1044 | |
| TIME: | 04:27:13 PM | |
| MOVED: | Holbert | |
| MOTION: | Refer House Bill 16-1044 to the Committee of the Whole. The motion passed on a vote of 4-0. | |
| SECONDED: | ||
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VOTE
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Holbert
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Excused
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Johnston
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Yes
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Kerr
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Yes
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Hill
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Yes
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Neville T.
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Yes
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Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:28 PM
The committee adjourned.