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H_FIN_2017A 03/06/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON FINANCE

Date: 03/06/2017
ATTENDANCE
Time: 01:42 PM to 11:39 AM
Beckman
X
Benavidez
X
Place: LSB A
Covarrubias
X
Gray
X
This Meeting was called to order by
Herod
X
Representative Pabon
Kennedy
X
Lawrence
X
This Report was prepared by
Michaelson Jenet
X
Katie Ruedebusch
Thurlow
X
Van Winkle
X
Williams D.
X
Foote
X
Pabon
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1220

HB17-1221
Amended, Referred to the Committee of the Whole

Amended, Referred to House Appropriations





01:46 PM -- HB17-1220



Representatives Wist and Becker, K. introduced House Bill 17-1220. The bill limits the total number of medical or recreational use marijuana plants that can be possessed or grown on a residential property to 12 plants, with 6 or fewer being mature. Unless authorized by local law, a medical marijuana patient or primary caregiver is prohibited from possessing or cultivating more than 12 plants on a residential property and must locate his or her cultivation operation on a property other than a residential property and comply with any applicable local law requiring disclosure of the cultivation operation. Cultivation operations are subject to any county and municipal building and public health inspection required by local law. In addition, medical marijuana patients and caregivers who cultivate marijuana plants are required to comply with all local laws, regulation, and zoning and use restrictions.

A person who violates the provisions of the bill is subject to a level 3 drug felony if the offense involves more than 30 plants, and a level 4 drug felony if the offense involves more than 12 but less than 30 plants. Representatives Wist and Becker answered several committee questions. They distributed a handout to the committee (Attachment A).



17HouseFin0306AttachA.pdf17HouseFin0306AttachA.pdf





















02:01 PM -- Mr. Mark Bolten, representing the Office of the Governor, testified in support of the bill.



02:05 PM -- Mr. Stan Hilkey, representing the Department of Public Safety, testified in support of the bill.



02:19 PM --
Commissioner Sal Pace, representing Pueblo County Board of County Commissioners, testified in support of the bill.



02:23 PM --
Mr. Steve Oderiscio, representing himself, testified in support of the bill.



02:33 PM -- Mr. Kevin Merrill, representing himself, testified in support of the bill (Attachment I).



17HouseFin0306AttachI.pdf17HouseFin0306AttachI.pdf



02:36 PM -- Chief Adam Hughes, representing the Colorado Springs Police Department and the Colorado Association of Chiefs of Police, testified in support of the bill.





02:45 PM




Representative K. Becker distributed a handout that outlines home cultivation possession limits in other states (Attachment A).



02:56 PM -- Mr. Jim Leonards, representing the Fort Collins Police Department, testified in support of the bill.



02:59 PM -- Chief John Jackson, representing the Greenwood Village Police Department, testified in support of the bill.



03:03 PM -- Mr. Ray Padilla, representing Colorado Drug Investigators Association, testified in support of the bill. He distributed a report entitled "Health Effects Associated with Indoor Marijuana Grow Operations" (Attachment B).



17HouseFin0306AttachB.pdf17HouseFin0306AttachB.pdf



03:13 PM -- Mr. John Harding, representing himself, testified in support of the bill.



03:17 PM -- Mr. Mark Hayes, representing himself, testified in support of the bill.



03:19 PM -- Mr. Kevin Murray, representing himself, testified in support of the bill.





















03:22 PM -- Mr. Ryan McWilliams, representing himself, testified in support of the bill.



03:29 PM --
Sheriff Bill Elder, representing El Paso County, testified in support of the bill.



03:33 PM -- Sheriff Kirk Taylor, representing Pueblo County, testified in support of the bill.



03:40 PM -- Mr. Tom Raynes and Mr. Arnold Hanuman, representing the Colorado District Attorney's Council, testified in support of the bill.



03:51 PM -- Mr. Eric Bergman, representing Colorado Counties Incorporated (CCI), testified in support of the bill. He distributed a position paper from CCI (Attachment C), a letter from Crowley County Board of Commissioners (Attachment D), and a letter from the Huerfano County Board of County Commissioners (Attachment E).



17HouseFin0306AttachC.pdf17HouseFin0306AttachC.pdf 17HouseFin0306AttachD.pdf17HouseFin0306AttachD.pdf



17HouseFin0306AttachE.pdf17HouseFin0306AttachE.pdf



03:54 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League (CML), testified in support of the bill. He distributed a position paper from CMI (Attachment F) and a Drug Enforcement Agency Intelligence Report (Attachment G) to the committee.



17HouseFin0306AttachF.pdf17HouseFin0306AttachF.pdf 17HouseFin0306AttachG.pdf17HouseFin0306AttachG.pdf



04:05 PM -- Dr. Mike Van Dyke, representing the Colorado Department of Health and Environment, testified in support of the bill. He distributed a packet of code violation pictures to the committee (Attachment H).



17HouseFin0306AttachH.pdf17HouseFin0306AttachH.pdf



04:10 PM -- Dr. Desmond Runyan, representing the Kempe Center for the Prevention and Treatment of Child Abuse and Neglect, testified in support of the bill.



04:13 PM -- Ms. Sarah Clark, representing Smart Colorado, testified in support of the bill.



04:19 PM -- Ms. Kelly Campbell, representing Property Casualty Insurers Association of Colorado, testified in support of the bill.





















04:21 PM -- Mr. Scott Peterson, representing the Colorado Association of Realtors, testified in support of the bill.



04:24 PM -- Mr. John Goodloe, representing himself, testified in support of the bill.



04:26 PM -- Commander James Henning, representing the Denver Police Department, testified in support the bill.





04:34 PM



Representative KC Becker clarified comparisons between the caregiver registry and HB 1220. She explained that residential homes are not built for growing large-scale industrial marijuana plants.



04:37 PM --
Ms. Amalthea Aelwyn, representing herself, testified against the bill.



04:41 PM --
Mr. Mark Pedersen, representing himself as a caregiver, testified against the bill.



05:01 PM --
Ms. Myra "Little Tree" Oppy, representing herself, testified against the bill.



05:07 PM -- Ms. Angela Benson (or Vinson)??, representing herself, testified against the bill.



05:08 PM -- Ms. Bridget Seritt, representing herself, testified against the bill. She distributed a handout to the committee (Attachment J).



17HouseFin0306AttachJ.pdf17HouseFin0306AttachJ.pdf



05:18 PM -- Ms. Alexis Bortell, representing herself, testified against the bill. She distributed a packet to the committee (Attachment K).



17HouseFin0306AttachK.pdf17HouseFin0306AttachK.pdf



05:22 PM -- Mr. Dean Bortell, representing himself, testified against the bill.



05:33 PM -- Ms. Stacey Linn, representing herself, testified against the bill.



05:37 PM -- Ms. Cindy Sovine-Miller, representing herself, testified against the bill. She distributed an article (Attachment L) and a fact sheet (Attachment M) to the committee.



17HouseFin0306AttachL.pdf17HouseFin0306AttachL.pdf 17HouseFin0306AttachM.pdf17HouseFin0306AttachM.pdf

















05:40 PM -- Ms. Deanne Lambert, representing herself, testified against the bill. She distributed a handout to the committee (Attachment N).



17HouseFin0306AttachN.pdf17HouseFin0306AttachN.pdf



06:01 PM -- Ms. Mary Carniglia, representing herself, testified against the bill.



06:05 PM -- Ms. Jeri Shepherd, representing the Colorado National Organization for the Reform of Marijuana Laws, testified against the bill.



06:08 PM -- Ms. Jessica LaRoux, representing herself, testified against the bill.



06:17 PM -- Ms. Jennessa Lea, representing herself, testified against the bill.



06:21 PM -- Ms. Kathryn Gentry, representing herself, testified against the bill.





06:23 PM



The committee recessed.






06:36 PM



The committee came back to order.



06:37 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar and the Colorado Public Defenders, testified from a neutral position on the bill. She did express reservations about the felony classifications in the bill.



06:41 PM -- Ms, Brie Stranahan, representing herself, testified against the bill.



06:44 PM -- Ms. Ashley Butler, representing herself, testified against the bill.



06:48 PM -- Ms. Ashley Weber, representing herself, testified against the bill.



07:03 PM -- Mr. Thomas Stocks, representing himself, testified against the bill.



07:07 PM -- Mr. Jon Gray, representing himself, testified against the bill.



07:12 PM -- Mr. Brent Kaufman, representing himself, testified against the bill.

























07:18 PM -- Ms. Rebecca Lockwood, representing himself, testified against the bill.



07:23 PM -- Mr. Richard Green, representing himself, testified against the bill.



07:27 PM -- Mr. Richard Wainright, representing himself, testified against the bill.



07:32 PM -- Ms. Jessica Asplund, representing herself, testified against the bill.



07:37 PM -- Mr. Steven Defino, representing himself, testified against the bill. He distributed two articles to the committee (Attachment O and P, respectively).



17HouseFin0306AttachO.pdf17HouseFin0306AttachO.pdf 17HouseFin0306AttachP.pdf17HouseFin0306AttachP.pdf



07:41 PM -- Mr. Nick Comiss, representing himself, testified against the bill.



07:47 PM -- Mr. Victor Restrepo, representing Innovative Organics, testified against the bill.



07:52 PM -- Mr. Jonathan Sakampo, representing himself, testified against the bill.



07:56 PM -- Mr. Nick Lovolo, representing himself, testified against the bill.



08:11 PM -- Ms. Terri Rornett, representing herself, testified against the bill. She distributed a handout to the committee (Attachment Q).



17Housefin0306AttachQ.pdf17Housefin0306AttachQ.pdf



08:15 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council, testified against the bill.



08:18 PM -- Mr. Nick de la Vega, representing himself, testified against the bill.



08:22 PM -- Ms. Celeste Gergas, representing herself, testified against the bill.



08:23 PM -- Ms. Melanie Rose Rodgers, representing herself, testified against the bill.



08:24 PM -- Ms. Marcie Cooper, representing herself, testified against the bill.



08:29 PM -- Ms. Kirsten Kizziar, representing herself, testified against the bill.



08:34 PM -- Mr. Nate Maas, representing himself, testified against the bill.





















08:38 PM -- Ms. Teresa Wright, representing herself testified against the bill.



08:44 PM -- Mr. Greyson Bankson, representing himself, testified against the bill.



08:45 PM -- Ms. Chelsea Carter, representing herself, testified against the bill.



08:48 PM -- Mr. Jordan Dietrich, representing himself, testified against the bill.



08:55 PM -- Mr. Brooks B, representing himself, testified against the bill.



08:59 PM -- Mr. Andrew Lane, representing himself, testified against the bill.



09:02 PM -- Ms. Beverly Smith Garcia, representing herself, testified against the bill.



09:05 PM -- Mr. Louis Zerobrick, representing himself, testified against the bill.



09:09 PM -- Mr. Matthew Kale, representing Veterans for Federal Rights, testified against the bill.



09:12 PM -- Mr. Chris Jetter, representing himself, testified against the bill.



09:16 PM -- Ms. Martha Montemayor, representing Marijuana for Medical Professionals, testified against the bill.



09:21 PM -- Ms. Angie Valdez, representing herself, testified against the bill.



09:24 PM -- Mr. Norris Roberts, representing himself, testified against the bill.



09:28 PM -- Mr. Jason Earring, representing himself, testified against the bill.



09:35 PM -- Ms. Kendra Zotenberg, representing himself, testified against the bill.



09:37 PM -- Mr. Greg Duran, representing himself, testified against the bill.















































09:45 PM



Representatives Wist and Becker, K distributed amendment L.001 (Attachment R) and amendment L.002 (Attachment S). Representative Herod distributed amendment L.003 (Attachment T).



17HouseFin0306AttachR.pdf17HouseFin0306AttachR.pdf 17HouseFin0306AttachS.pdf17HouseFin0306AttachS.pdf



17HouseFin0306AttachT.pdf17HouseFin0306AttachT.pdf

BILL: HB17-1220
TIME: 09:47:14 PM
MOVED: Pabon
MOTION: Adopt amendment L.001 (Attachment R). The motion passed without objection.
SECONDED: Gray
VOTE
Beckman
Benavidez
Covarrubias
Gray
Herod
Kennedy
Lawrence
Michaelson Jenet
Thurlow
Van Winkle
Williams D.
Foote
Pabon
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






























BILL: HB17-1220
TIME: 09:48:55 PM
MOVED: Williams D.
MOTION: Adopt amendment L.002 (Attachment S). The motion passed without objection.
SECONDED: Lawrence
VOTE
Beckman
Benavidez
Covarrubias
Gray
Herod
Kennedy
Lawrence
Michaelson Jenet
Thurlow
Van Winkle
Williams D.
Foote
Pabon
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
























































BILL: HB17-1220
TIME: 09:49:45 PM
MOVED: Herod
MOTION: Adopt amendment L.003 (Attachment T). The motion passed without objection.
SECONDED: Pabon
VOTE
Beckman
Benavidez
Covarrubias
Gray
Herod
Kennedy
Lawrence
Michaelson Jenet
Thurlow
Van Winkle
Williams D.
Foote
Pabon
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





09:53 PM



Representatives Wist and Becker, K. answered several committee questions and gave final comments on the bill.























































10:04 PM



Committee discussion ensued.

BILL: HB17-1220
TIME: 10:22:29 PM
MOVED: Lawrence
MOTION: Refer House Bill 17-1220, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED: Pabon
VOTE
Beckman
Yes
Benavidez
No
Covarrubias
Yes
Gray
Yes
Herod
Yes
Kennedy
No
Lawrence
Yes
Michaelson Jenet
Yes
Thurlow
Yes
Van Winkle
Yes
Williams D.
Yes
Foote
Yes
Pabon
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:22 PM -- HB17-1221



The committee recessed.





10:28 PM



The committee came back to order.































10:28 PM



Representatives Willette and Pabon introduced House Bill 17-1221. The bill, recommended by the Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado, creates a grant program to reimburse local governments for costs associated with training, education, law enforcement, and prosecution of offenses for the grey and black marijuana markets. The grant program is to be administered by the Department of Local Affairs (DOLA) and is required to prioritize funding to local governments in rural areas that have limited law enforcement resources to address illegal, unlicensed marijuana cultivation operations.



The bill authorizes moneys from the Marijuana Tax Cash Fund to be used to fund the grant program and its administration. Any moneys not expended in a given fiscal year are for use in the next fiscal year.



On or before November 1, 2019, and each November 1 thereafter, the department is required to provide an update about the program in its annual State Measurement for Accountable, Responsive, and Transparent Government (SMART) Act hearing for the General Assembly.



Representative Willett distributed a strike-below amendment L.002 to the committee (Attachment U). Representative Pabon distributed amendment L.007 to the committee (Attachment V).



17HouseFin0306AttachU.pdf17HouseFin0306AttachU.pdf 17HouseFin0306AttachV.pdf17HouseFin0306AttachV.pdf



10:56 PM -- Mr. Mark Bolton, representing the Office of the Governor, testified in support of the bill.



10:59 PM -- Mr. Ron Sloane, representing the Colorado Association of Chiefs of Police, the County Sheriff's Association, and the Colorado District Attorney's Association, testified in support of the bill.



11:04 PM -- Mr. Kevin Bommer, representing the Colorado Municipal League, testified in support of the bill.



11:07 PM -- Mr. Eric Bergman, representing Colorado Counties Incorporated, testified in support of the bill.



11:19 PM -- Ms. Jessica LeRoux, representing herself, testified against the bill.



11:25 PM -- Mr. Nick Lovolo, representing himself, testified against the bill.
































BILL: HB17-1221
TIME: 11:34:38 PM
MOVED: Pabon
MOTION: Adopt amendment L.007 (Attachment V). The motion passed without objection.
SECONDED: Lawrence
VOTE
Beckman
Benavidez
Covarrubias
Gray
Herod
Kennedy
Lawrence
Michaelson Jenet
Thurlow
Van Winkle
Williams D.
Foote
Pabon
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


























































BILL: HB17-1221
TIME: 11:34:57 PM
MOVED: Gray
MOTION: Adopt amendment L.006 (Attachment W). The motion passed without objection.



17HouseFin0306AttachW.pdf17HouseFin0306AttachW.pdf
SECONDED: Williams
VOTE
Beckman
Benavidez
Covarrubias
Gray
Herod
Kennedy
Lawrence
Michaelson Jenet
Thurlow
Van Winkle
Williams D.
Foote
Pabon
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:




















































BILL: HB17-1221
TIME: 11:34:57 PM
MOVED: Pabon
MOTION: Adopt amendment L.002 (Attachment U). The motion passed without objection.
SECONDED: Lawrence
VOTE
Beckman
Benavidez
Covarrubias
Gray
Herod
Kennedy
Lawrence
Michaelson Jenet
Thurlow
Van Winkle
Williams D.
Foote
Pabon
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


























































BILL: HB17-1221
TIME: 11:37:08 PM
MOVED: Pabon
MOTION: Refer House Bill 17-1221, as amended, to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED: Van Winkle
VOTE
Beckman
Yes
Benavidez
No
Covarrubias
Yes
Gray
Yes
Herod
Yes
Kennedy
Yes
Lawrence
Yes
Michaelson Jenet
Yes
Thurlow
Yes
Van Winkle
Yes
Williams D.
Yes
Foote
Yes
Pabon
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





11:39 PM



The committee adjourned.