House Committee on Business Affairs and Labor (03/09/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	03/09/2010	ATTENDANCE

Time:	11:35 AM to 11:55 AM	Balmer	X
		Bradford	X
Place:	HCR 0112	Casso	*
		Kerr A.	X
This Meeting was called to order by		Liston	X
	Representative Rice	Middleton	X
		Priola	X
This Report was prepared by		Soper	X
	Christie Lee	Stephens	X
		Gagliardi	*
		Rice	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-163 SB10-112		Referred to the Committee of the Whole Referred to the Committee of the Whole

11:35 AM -- Senate Bill 10-163

Representative A. Kerr, sponsor of Senate Bill 10-163, presented the bill. The bill clarifies that Senate Bill 09-168 was intended to apply to all workers' compensation claims, regardless of when the claim was filed. It requires the Director of the Division of Worker's Compensation in the Department of Labor and Employment to establish a life expectancy table based on mortality tables issued by the federal government or private industry on July 1 in even-numbered years. Lump sum settlements are required to be paid to a claimant within 15 days after an executed settlement order is received by the insurer. Finally, documents required under the Workers' Compensation Act must be delivered in the same medium to all required recipients.

11:38 AM -- John Berry, representing the Workers' Compensation Coalition, testified in support of the bill.

11:38 AM -- Danny Tomlinson, representing the Self Insurers Association, testified in support of the bill.

11:39 AM -- Beth Minahan, representing the Workers' Compensation Education Association, testified in support of the bill.

11:39 AM -- Cathy Wanstrath, representing Pinnacol Assurance, testified in support of the bill.


BILL:	SB10-163
TIME:	11:40:49 AM
MOVED:	Kerr A.
MOTION:	Moved to refer Senate Bill 10-163 to the Committee of the Whole. The motion passed 10-0.
SECONDED:	Gagliardi
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	Excused
	Kerr A.	Yes
	Liston	Yes
	Middleton	Yes
	Priola	Yes
	Soper	Yes
	Stephens	Yes
	Gagliardi	Yes
	Rice	Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:41 AM -- Senate Bill 10-112

Representative Swalm, prime sponsor, presented Senate Bill 10-112 concerning rate setting for workers' compensation insurance. The bill modifies areas of law regarding rate setting for workers' compensation insurance as follows:

effective January 1, 2011, section 1 of the bill specifies that for purposes of experience modifications, medical only claims are to be calculated in the same manner as claims with indemnity payments;
section 2 of the bill makes the aggregate loss and payroll data by class code that the rating organization submits with rate filing available to the public and prohibits the use of the data for any commercial purpose; and
section 3 of the bill requires the commissioner to use a competitive bid process when selecting and licensing rating organizations for workers' compensation rates that are effective on or after January 1, 2012.

11:43 AM -- John Berry, representing the Workers' Compensation Coalition, and Toni Gagliardi, representing the National Federation of Independent Businesses, came up to the table together and testified in support of the bill. Mr. Berry walked through the sections of the bill. Mr. Gagliardi said the parties came to the table in the Senate and in its present form, they all support the bill. Representative Liston asked if the bill would reduce costs to employers. Mr. Berry responded.

11:46 AM -- Sonja Guenther, representing Willis of Colorado and Chad Mathis, representing the Workers' Compensation Coalition, testified in support of the bill.

11:49 AM -- Robert Ferm, representing the National Council on Compensation Insurance, testified on the bill. He gave some suggestions regarding the effective date and the implementation date. Representative Swalm stated that the proponents would be against moving the implementation date.


BILL:	SB10-112
TIME:	11:54:50 AM
MOVED:	Bradford
MOTION:	Moved to refer Senate Bill 10-112 to the Committee of the Whole. The motion passed 11-0.
SECONDED:	Liston
		VOTE
	Balmer	Yes
	Bradford	Yes
	Casso	Yes
	Kerr A.	Yes
	Liston	Yes
	Middleton	Yes
	Priola	Yes
	Soper	Yes
	Stephens	Yes
	Gagliardi	Yes
	Rice	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:55 AM

The committee adjourned.