STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON SB09-281


Date:04/30/2009
ATTENDANCE
Time:01:07 PM to 02:06 PM
Hodge
X
Pace
X
Place:SCR 352
Kopp
X
Gardner B.
X
This Meeting was called to order by
Weissmann
X
Senator Shaffer B.
Shaffer B.
X
This Report was prepared by
Elizabeth Burger


01:09 PM

Representative Weissmann described the differences between the House and Senate versions of Senate Bill 09-281. He explained that the rerevised bill was scaled back from the introduced bill, and the bill currently contains a requirement that an interim committee to study Pinnacol Assurance be formed and that an audit of Pinnacol be conducted. Two draft reports were distributed CLSB281.001 and CLSB281.002 (Attachments A and B). Senator Shaffer described CLSB281.001 (Attachment A). The report amendments the rerevised bill. The report clarifies that the legislative interim committee will study issues related to Pinnacol Assurance. Senator Kopp commented on the goals of the bill, considering that the state budgetary situation is different now than it was when the bill was introduced. Senator Shaffer stated that his work on the bill led him to believe there was benefit in studying issues related to Pinnacol Assurance through an interim committee process. Representative Pace commented on amendments to the bill that were offered in the House of Representatives and issues that he believes should be incorporated into the report. He distributed three amendments L.010, L.011, and L.012 (Attachments C through E). Representative B. Gardner commented on CLSB281.002 and the differences between CLSB281.001 and CLSB281.002. Senator Kopp asked Senator Shaffer to comment on the differences between the two draft reports.

09ConfCommSB281AttachA.pdf 09ConfCommSB281AttachB.pdf 09ConfCommSB281AttachC.pdf 09ConfCommSB281AttachD.pdf 09ConfCommSB281AttachE.pdf

01:24 PM

Representative Gardner described the provisions of CLSB281.002, stating that his amendment broadens participation on the interim committee. Representative Weissmann commented on the differences between the two reports. The members of the conference committee discussed the role of the state auditor in auditing Pinnacol Assurance, and whether current statute requires that a financial or performance audit be conducted. The committee further discussed whether a performance audit should be conducted or whether the interim committee could research performance questions related to Pinnacol, and whether there should be specific statutory guidelines for the state auditor if a performance audit is conducted. Senator Kopp suggested that CLSB281.002 could be severed to separate the issues related to the audit and the interim committee. Senator Kopp and Senator Shaffer discussed whether there should be any specific items that an audit should focus on. Representative Weissmann and Representative Gardner commented on the value of having nonlegislative members as part of the interim committee.
BILL:SB09-281
TIME: 01:42:48 PM
MOVED:Gardner B.
MOTION: Adopt prepared draft report CLSB281.002 (Attachment B). The motion failed on a 2-4 roll call vote.
SECONDED:
VOTE
Hodge
No
Pace
No
Kopp
Yes
Gardner B.
Yes
Weissmann
No
Shaffer B.
No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-281
TIME: 01:45:04 PM
MOVED:Shaffer B.
MOTION:Adopt prepared draft report CLSB281.001 (Attachment A). The motion passed on a 5-1 roll call vote.
SECONDED:
VOTE
Hodge
Yes
Pace
Yes
Kopp
Yes
Gardner B.
No
Weissmann
Yes
Shaffer B.
Yes
Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB09-281
TIME: 01:45:36 PM
MOVED:Kopp
MOTION:Amend CSLB281.001, adding language from section 2 of CSLB281.002, with amendments. On line 2 after include, insert "but not limited to" and line 4, strike "shall" and substitute "may." The motion was withdrawn.
SECONDED:
VOTE
Hodge
Pace
Kopp
Gardner B.
Weissmann
Shaffer B.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn
BILL:SB09-281
TIME: 01:50:21 PM
MOVED:Weissmann
MOTION:Amend the page 4 of the rerevised bill, line 12, after "assurance;", insert "designated by such board." The motion passed without objection.
SECONDED:
VOTE
Hodge
Pace
Kopp
Gardner B.
Weissmann
Shaffer B.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-281
TIME: 01:50:53 PM
MOVED:Pace
MOTION:Adopt amendment L.012 (Attachment E). The motion was withdrawn.
SECONDED:
VOTE
Hodge
Pace
Kopp
Gardner B.
Weissmann
Shaffer B.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn

01:50 PM

The committee discussed adding additional people to the interim committee. Senator Shaffer distributed draft language concerning adding a member of the public to the interim committee (Attachment F). Representative Gardner suggested the following members be added to the committee: a policy holder, an insurance agent, an injured worker, and an employer who purchases insurance through Pinnacol Assurance. The committee discussed how the committee should be constituted. Representative Weissmann suggested adding a member of the public, an injured worker, and a policy holder to the committee.

09ConfCommSB281AttachF.pdf
BILL:SB09-281
TIME: 02:00:14 PM
MOVED:Hodge
MOTION:Adopt an amendment adding the following additional members to the interim committee: a policyholder, a person from the public with the knowledge of workers compensation, and an injured worker. The members are to be appointed jointly by the President of the Senate and the Speaker of the House of Representatives. See substitute motion below.
SECONDED:
VOTE
Hodge
Pace
Kopp
Gardner B.
Weissmann
Shaffer B.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: See Substitute Below.


BILL:SB09-281
TIME: 02:04:13 PM
MOVED:Kopp
MOTION:Adopt a substitute amendment adding the following additional members to the interim committee: a policyholder, a person from the public with the knowledge of workers compensation, and an injured worker. The members are to be appointed jointly by the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the House of Representatives and the Senate. The motion passed on a 5-1 roll call vote.
SECONDED:
VOTE
Hodge
Yes
Pace
No
Kopp
Yes
Gardner B.
Yes
Weissmann
Yes
Shaffer B.
Yes
Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB09-281
TIME: 02:06:01 PM
MOVED:Kopp
MOTION:Reconsider the adoption of draft report CLSB281.001. The motion passed without objection.
SECONDED:
VOTE
Hodge
Pace
Kopp
Gardner B.
Weissmann
Shaffer B.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB09-281
TIME: 02:06:11 PM
MOVED:Shaffer
MOTION:Adopt prepared draft report CLSB281.001 (Attachment A). The motion passed on a 4-2 roll call vote.
SECONDED:
VOTE
Hodge
Yes
Pace
Yes
Kopp
No
Gardner B.
No
Weissmann
Yes
Shaffer B.
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:07 PM

The committee adjourned.