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S_FIN_2016A 05/05/2016 10:03:47 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON FINANCE

Date: 05/05/2016
ATTENDANCE
Time: 10:03 AM to 03:12 PM
Holbert
X
Johnston
*
Place: LSB B
Kerr
*
Hill
X
This Meeting was called to order by
Neville T.
X
Senator Neville T.
This Report was prepared by
Kori Donaldson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1361

HB16-1194

HB16-1383

HB16-1194

HB16-1328

HB16-1398

HB16-1077

HB16-1380

HB16-1267

HB16-1286

HB16-1288

HB16-1234

HB16-1031

HB16-1424

HB16-1440

HB16-1040

SB16-210
Laid Over

Referred to Appropriations

Referred to Appropriations

Referred to Appropriations

Referred to Appropriations

Amended, Referred to Appropriations

Amended, Referred to Appropriations

Postponed Indefinitely

Postponed Indefinitely

Referred to Appropriations

Referred to Appropriations

Referred to Appropriations

Referred to the Committee of the Whole

Referred to Appropriations

Amended, Referred to the Committee of the Whole

Referred to Appropriations

Amended, Referred to Appropriations





The committee was called to order. A quorum was present.



10:04 AM -- HB16-1361



Senators Sonnenberg and Newell, co-prime sponsors, presented House Bill 16-1361, which creates limitations for a health benefit plan or pharmacy benefit management firm that covers pharmaceutical services.



10:08 AM --
Mr. Patrick Boyle, representing Express Scripts, testified in opposition to the bill. He addressed questions from the committee.



10:22 AM --
Mr. Dan O'Connell, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill. He addressed questions from the committee.



















10:32 AM



Senator Sonnenberg commented on the testimony provided by Mr. Boyle and Mr. O'Connell.



10:33 AM --
Ms. Terri Newland, representing herself, testified in support of the bill.



10:37 AM --
Mr. Tom Davis, representing Kiowa Health Services, testified in support of the bill. Mr. Davis responded to questions from the committee.



10:44 AM --
Mr. Ky Davis, representing Harris Pharmacy, testified in support of the bill and answered questions from the committee. Discussion continued with Mr. Tom Davis and Mr. Ky Davis.



10:50 AM --
Ms. Kay Markus, representing themselves, testified in support of the bill.



10:55 AM --
Mr. Tony Gagliardi, representing the National Federation of Independent Business, testified in support of the bill.



10:59 AM --
Mr. Val Kalnins, representing Value Pharmacists and the Independent Pharmacy Cooperative, testified in support of the bill. He responded to questions from the committee.



11:06 AM --
Mr. Richard Orf, representing Associated Governments of Northern Colorado, testified in support of the bill.





11:07 AM



Senator Newell made closing comments on the bill. The bill was laid over for action until the end of the calendar.





11:11 AM -- HB16-1194



Senator Sonnenberg, prime-sponsor, presented House Bill 16-1194, which creates an income tax deduction for taxpayers that lease an agricultural asset, defined as land, crops, livestock, livestock facilities, farm equipment, grain storage, or irrigation equipment, to a beginning farmer or rancher satisfying certain qualifications.





11:15 AM



The bill was laid over for later action.































11:15 AM -- HB16-1383



Senator Grantham, prime sponsor, presented House Bill 16-1383, which requires the Department of Human Services to initiate a child welfare data analytic technology pilot program by September 1, 2016. The goal of the pilot program is to implement a state-of-the-art data analytics system to access, integrate, and analyze statewide data sources to calculate risk assessment scores for abuse and neglect for children in the child welfare system.



11:19 AM --
Ms. Pat Ratliff, representing Colorado Counties Inc., testified in support of the bill.



11:21 AM --
Mr. Mike Feeley testified in support of the bill.

BILL: HB16-1383
TIME: 11:26:59 AM
MOVED: Hill
MOTION: Refer House Bill 16-1383 to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

























































11:27 AM -- HB16-1194

BILL: HB16-1194
TIME: 11:28:09 AM
MOVED: Hill
MOTION: Refer House Bill 16-1194 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





11:28 AM -- HB16-1328



Senators Lambert and Lundberg, co-prime sponsors, presented House Bill 16-1328. The reengrossed bill expands the "Protection of Individuals from Restraint and Seclusion Act." The bill:

      adds seclusion wherever the use of restraint is limited, prohibited, or subject to specific requirements;

      adds that restraint and seclusion must never be used as punishment, as part of a treatment plan, as retaliation by staff, or for protection, unless ordered by the court or in an emergency; and

      expands the restrictions on use of restraint and seclusion to include youth, defined as anyone less than 21 years old.



11:32 AM --
Ms. Elise Logemann, representing the Colorado Juvenile Defenders Office, testified in support of the bill.



11:36 AM --
Mr. Jennifer Hill, representing the Colorado Mental Wellness Network and the National Alliance on Mental Illness of Colorado, testified in support of the bill.



11:39 AM --
Ms. Rebecca Wallace and Ms. Denise Maes, both representing the ACLU of Colorado, testified in support of the bill. Ms. Wallace addressed questions from the committee. Senator Lambert also addressed questions from the committee.



























11:45 AM --
Ms. Nikki Hatch and Mr. Charles Parkins, both representing the Department of Human Services (DHS), testified in support of the bill. Ms. Hatch distributed an infographic showing seclusion data between January 2014 and March 2016 for the Division of Youth Corrections within the DHS (Attachment A). Senator Lambert discussion a proposed amendment that he plans to offer on second reading. Mr. Parkins addressed a question from the committee.



16SenateFin0505AttachA.pdf16SenateFin0505AttachA.pdf



11:55 AM



Senators Lambert and Lundberg made some closing remarks on the bill.

BILL: HB16-1328
TIME: 11:59:30 AM
MOVED: Hill
MOTION: Refer House Bill 16-1328 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





11:59 AM -- HB16-1398



Senators Martinez-Humenik and Steadman, co-prime sponsors, presented House Bill 16-1398. This bill, as amended by the House Public Health Care and Human Services Committee, requires the Department of Human Services (DHS) to use a competitive request-for-proposal (RFP) process to select a contractor to implement the recommendations of the Respite Care Task Force. The selected contractor must have a presence in Colorado and serve individuals with disabilities or chronic conditions by providing and coordinating respite care.































12:06 PM --
Ms. Lynn Robinson, representing Easter Seals, testified in support of the bill. Committee members received a packed of information about respite care (Attachment B).



16SenateFin0505AttachB.pdf16SenateFin0505AttachB.pdf



12:09 PM --
Ms. Coral Cosway, representing Alzheimer's Association of Colorado, testified in support of the bill.



12:11 PM --
Ms. Marijo Rymer, representing the ARC of Colorado, testified in support of the bill.



12:13 PM --
Ms. Ruth Aponte, representing Centers for Hospice and Palliative Care and herself, testified in support of the bill.





12:15 PM



Senators Martinez Humenik and Steadman made some closing comments on the bill. Committee members received amendment L.004 (Attachment C).



16SenateFin0505AttachC.pdf16SenateFin0505AttachC.pdf

BILL: HB16-1398
TIME: 12:19:20 PM
MOVED: Hill
MOTION: Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
BILL: HB16-1398
TIME: 12:19:54 PM
MOVED: Hill
MOTION: Refer House Bill 16-1398, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
No
Neville T.
No
Final YES: 3 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: TIE





12:37 PM -- HB16-1077



Senator Martinez Humenik, prime sponsor, presented House Bill 16-1077. The statutory revision committee (committee) was initially created in 1977 to investigate statutory defects, but was repealed in 1985. As amended by the House State, Veterans, and Military Affairs Committee, the bill recreates the eight-member committee in the Legislative Department and establishes guidelines for committee selection, composition, and procedures. Committee members received an updated summary of the bill, provided by Senator Martinez Humenik, (Attachment D).



16SenateFin0505AttachD.pdf16SenateFin0505AttachD.pdf












































BILL: HB16-1077
TIME: 12:40:23 PM
MOVED: Holbert
MOTION: Adopt amendment L.010 (Attachment E). The motion passed without objection.



16SenateFin0505AttachE.pdf16SenateFin0505AttachE.pdf
SECONDED:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1077
TIME: 12:43:50 PM
MOVED: Johnston
MOTION: Refer House Bill 16-1077, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS































12:44 PM -- HB16-1380



Senator Martinez Humenik, prime sponsor, next presented House Bill 16-1380, which adds in-home support services as an allowable service for persons receiving Medicaid home- and community-based services through the Brain Injury waiver program and the Community Mental Health Supports waiver program subject to federal authorization.



12:47 PM --
Ms. Candie Dalton, representing herself, testified in support of the bill.



12:48 PM --
Mr. Kevin Smith, representing himself as a client, testified in support of the bill.



12:52 PM --
Mr. David Bolin, representing Colorado Longterm Assistance Service Providers, testified in support of the bill.





12:54 PM



Senator Martinez Humenik made closing comments on the bill.

BILL: HB16-1380
TIME: 12:59:04 PM
MOVED: Hill
MOTION: Refer House Bill 16-1380 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Hill
No
Neville T.
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


































BILL: HB16-1380
TIME: 12:59:50 PM
MOVED: Hill
MOTION: Postpone House Bill 16-1380 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:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





01:00 PM -- HB16-1267



Senator Woods, co-prime sponsor, presented House Bill 16-1267. The reengrossed bill creates the Colorado Veterans' Service-to-Career Pilot Program in the Colorado Department of Labor and Employment (CDLE). Through CDLE and in partnership with nonprofit agencies, workforce centers throughout the state may apply for grants to develop and expand career services for veterans, spouses, and eligible participants. Eligible participants include a veteran's dependent child under age 27 and a veteran's care giver over age 18.



01:03 PM --
Ms. Traci Marques, representing Pikes Peak Workforce Center, testified in support of the bill.



01:03 PM --
Mr. Dean Miller, representing himself as a veteran, testified in support of the bill.

BILL: HB16-1267
TIME: 01:04:30 PM
MOVED: Hill
MOTION: Refer House Bill 16-1267 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Hill
No
Neville T.
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1267
TIME: 01:04:54 PM
MOVED: Hill
MOTION: Postpone House Bill 16-1267 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:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





































01:05 PM -- HB16-1286



Senator Tate, prime sponsor, presented House Bill 16-1286, which increases the percentage of the wildfire mitigation state income tax deduction from 50 percent to 100 percent of the costs incurred for performing wildfire mitigation on a taxpayer's property. The tax deduction cannot exceed $2,500 per income tax year or the total amount of the taxpayer's federal taxable income, whichever is less.



01:06 PM --
Mr. Ted Leighty, representing the Colorado Association of Realtors, testified in support of the bill.

BILL: HB16-1286
TIME: 01:12:59 PM
MOVED: Holbert
MOTION: Refer House Bill 16-1286 to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

























































01:13 PM -- HB16-1288



Senators Merrifield and Tate, co-prime sponsors, presented House Bill 16-1288. This bill, as amended by the House Finance Committee, creates the Industry Infrastructure Grant Program within the Colorado Workforce Development Council (CWDC). The purpose of the program is for the CWDC to partner with eligible nonprofit entities to develop industry competency standards to support businesses in their implementation of work site training programs. The bill also creates the Industry Infrastructure Fund to implement the program.



01:14 PM --
Mr. Noel Ginsberg, representing Colorado Advanced Manufacturing Alliance, testified in support of the bill.

BILL: HB16-1288
TIME: 01:20:11 PM
MOVED: Johnston
MOTION: Refer House Bill 16-1288 to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
No
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS























































01:22 PM -- HB16-1234



Senators Merrifield and Marble, co-prime sponsors, presented House Bill 16-1234. The bill requires that the Colorado Department of Education investigate methods for and costs of creating or selecting new state assessments in mathematics, English language arts, science, and social studies. The investigation must also examine the methods and cost of allowing local education providers (i.e., schools, school districts, Boards of Cooperative Educational Services) to create or select assessments for use in the state's accountability system.

BILL: HB16-1234
TIME: 01:26:19 PM
MOVED: Holbert
MOTION: Refer House Bill 16-1234 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























































01:27 PM -- HB16-1031



Senator Cooke, prime sponsor, presented House Bill 16-1031. The reengrossed bill requires Legislative Council Staff, with the cooperation of the Colorado Department of Transportation (CDOT), submit a report to the Transportation Legislation Review Committee no later than August 1, 2016, that details changes since the last time the Transportation Commission (commission) districts were modified. The report must consider existing county and municipal boundaries, regional transportation authorities and districts, and transportation planning regions. The report must also include changes in population, number of lane miles, and annual vehicle miles traveled for each district.

BILL: HB16-1031
TIME: 01:28:42 PM
MOVED: Holbert
MOTION: Refer House Bill 16-1031 to the Committee of the Whole. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Excused
Neville T.
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

























































01:31 PM -- HB16-1424



Senator Garcia, prime sponsor, presented House Bill 16-1424. The bill changes the way state agencies handle the training and registration of personnel authorized to administer medications in certain state facilities, and changes the definition of "facility" to include services offered to intellectually and developmentally disabled individuals by the Department of Health Care Policy and Financing.

BILL: HB16-1424
TIME: 01:34:55 PM
MOVED: Johnston
MOTION: Refer House Bill 16-1424 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:36 PM -- HB16-1440



Senators Johnston and Holbert, co-prime sponsors, presented House Bill 16-1440, which prohibits the State Board of Education (SBE) or the Colorado Department of Education (CDE) from publishing the educator effectiveness ratings for a grade level, subject area, school, or school district if the number of educators in the reported group is small enough to enable a person to identify an individual educator's effectiveness rating. Senator Johnston distributed and explained amendment L.008 (Attachment F).



16SenateFin0505AttachF.pdf16SenateFin0505AttachF.pdf



01:38 PM --
Ms. Michelle Murphy, representing the Colorado Rural Schools Alliance, testified in support of the bill.
























BILL: HB16-1440
TIME: 01:39:56 PM
MOVED: Holbert
MOTION: Adopt amendment L.008 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1440
TIME: 01:42:26 PM
MOVED: Holbert
MOTION: Refer House Bill 16-1440, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS









































01:43 PM -- HB16-1040



Senator Holbert, prime sponsor, presented House Bill 16-1040. This bill, recommended by the Wildfire Matters Review Committee, creates the Auxiliary Emergency Communications Unit (unit) in the Office of Emergency Management in the Division of Homeland Security and Emergency Management in the Colorado Department of Public Safety (DPS). The unit has the power to:

      establish programs for the training and credentialing of auxiliary emergency or disaster communicators across the state;

      assume all the duties and responsibilities of the Radio Amateur Civil Emergency Service (RACES); and

      ensure that auxiliary emergency communicators are authorized volunteers entitled to the appropriate protections and benefits of emergency volunteers when assisting local governments with the maintenance or demolition of communication facilities.



01:45 PM --
Mr. Robert Wareham, representing American Amateur Radio League, testified in support of the bill.

BILL: HB16-1040
TIME: 01:50:21 PM
MOVED: Holbert
MOTION: Refer House Bill 16-1040 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Hill
Yes
Neville T.
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



The committee took a brief recess.







































02:06 PM




Senator Hill gave notice of intent to reconsider House Bill 16-1267.





02:07 PM -- SB16-210



Senator Baumgardner, prime sponsor, presented Senate Bill 16-210, which bill requires the Transportation Commission to submit a ballot question to voters in 2016, 2017, or 2018 for approval of $3.5 billion in Transportation Revenue Anticipation Notes (TRANs) once existing transportation bonds have been repaid. The maximum repayment cost cannot exceed $5.5 billion or take longer than 20 years to repay. TRANs proceeds must be spent on a list of transportation projects described in the bill.



The bill also eliminates the final three years of Senate Bill 09-228 transfers and diverts 5 percent of state sales tax revenue to the Highway Users Tax Fund (HUTF) and 1 percent of state sales tax revenue to the Capital Construction Fund (CCF).



Senator Baumgardner explained amendment L.004 (Attachment G) and Senator Neville explained amendment L.005 (Attachment H).



16SenateFin0505AttachG.pdf16SenateFin0505AttachG.pdf 16SenateFin0505AttachH.pdf16SenateFin0505AttachH.pdf



02:10 PM --
Ms. Sandra Solin, representing the Northern Colorado Legislative Alliance, testified in support of the bill.



02:15 PM --
Mr. David May, Fort Collins Area Chamber of Commerce, testified in support of the bill.



02:18 PM -- Mr. Gerry Horak, Mayor Pro Tem of Fort Collins, testified in support of the bill.



02:21 PM --
Mr. Eric Bergman, representing Colorado Counties, Inc., testified in support of the bill.



02:23 PM --
Mr. Jeff Wadsen, representing the Colorado Business Roundtable, testified in support of the bill.



02:26 PM --
Mr. Grier Baily, representing theWyoming Petroleum Marketers Association, testified in support of the bill.



02:30 PM --
Mr. Greg Fulton, representing the Colorado Motor Carriers Division, testified in support of the bill.



02:34 PM -- Mr. Steve Tool, representing the Northern Colorado Legislative Alliance, testified in support of the bill. Mr. Tool addressed questions from the committee.





















02:40 PM --
Ms. Barbara Kirkmeyer, representing the Board of County Commissioners, testified in support of the bill.



02:44 PM --
Mr. Mike Salisbury, representing the South West Energy Efficiency Project, testified in opposition to the bill. Mr. Salisbury responded to questions from the committee.



02:49 PM --
Mr. Joe Kiely, representing the Ports-to-Plains Alliance, testified in support of the bill with amendments.



02:54 PM --
Mr. Herman Stockinger, representing the Colorado Department of Transportation, testified from a neutral position on the bill. He responded to committee questions.





03:00 PM



Senator Baumgardner made closing comments on the bill.

BILL: SB16-210
TIME: 03:03:53 PM
MOVED: Hill
MOTION: Adopt amendment L.004 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Hill
Neville T.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection








































BILL: SB16-210
TIME: 03:04:07 PM
MOVED: Hill
MOTION: Adopt amendment L.005 (Attachment H ). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
Yes
Johnston
No
Kerr
No
Hill
Yes
Neville T.
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: SB16-210
TIME: 03:05:05 PM
MOVED: Hill
MOTION: Refer Senate Bill 16-210, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Holbert
Yes
Johnston
No
Kerr
No
Hill
Yes
Neville T.
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:12 PM



The chair laid HB 16-1361 over to Friday's calendar. The committee adjourned.


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