House Committee on Economic and Business Development (02/28/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Date:	02/28/2012	ATTENDANCE

Time:	01:33 PM to 02:47 PM	Balmer	X
		Holbert	X
Place:	HCR 0112	Miklosi	X
		Priola	X
This Meeting was called to order by		Singer	*
	Representative Liston	Soper	X
		Swerdfeger	X
This Report was prepared by		Szabo	X
	Christie Lee	Tyler	X
		Williams A.	E
		Wilson	X
		Swalm	X
		Liston	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1175 SB12-024		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:34 PM -- House Bill 12-1175

Representative Stephens, prime sponsor, presented House Bill 12-1175. The bill encourages state agencies that are affected by, or charged with, implementing federal regulations to seek a waiver from the federal government and instead promulgate its own rules. Agencies are encouraged to seek a waiver only if it is permitted by federal law and would not be administratively impractical or economically unsound to do so. Agencies are required to report annually to the General Assembly on the following information:

federal rules directly affecting the agency promulgated in the prior 12 months and from which the state agency could seek a waiver; and
whether the agency applied for or sought a waiver from these federal regulations, the reasoning for seeking or not seeking a waiver, and the results of any waiver application.

01:37 PM

Representative Soper asked what the cost would be of the increase in workload for state employees that is mentioned in the fiscal note. Representative Stephens responded. Representative Liston asked for an example of how the bill will apply to a state agency. Representative Stephens gave the example of the lead paint renovation program. Representative Wilson asked how many of these rules and regulations would require review under the bill and what penalties are provided in the bill if a state agency were to violate this law. Representative Stephens responded. Representative Tyler talked about a bill he sponsored a couple years ago that changed the rules for hospice care and asked how the bill would have affected the decisions that were made regarding those rules.

02:02 PM

Representative Stephens continued to respond to questions from the committee.


BILL:	HB12-1175
TIME:	02:03:09 PM
MOVED:	Balmer
MOTION:	Moved to refer House Bill 12-1175 to the Committee of the Whole. The motion passed on a vote of 8-4.
SECONDED:	Szabo
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Yes
	Priola	Yes
	Singer	No
	Soper	No
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	No
	Williams A.	Excused
	Wilson	No
	Swalm	Yes
	Liston	Yes

YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:07 PM -- Senate Bill 12-024

Representative Holbert, prime sponsor, presented Senate Bill 12-024. The bill impacts a residential nonprofit corporation and its members or representatives. A residential nonprofit corporation includes residential housing developments such as retirement communities. Current law requires that a residential nonprofit corporation refund the entrance fee of a residential member following that member's resignation, termination, expulsion, or suspension from the corporation, or the transfer of the residential membership to another member. Senate Bill 12-024 limits this obligation and requires a refund only when the membership is transferred. If a member's termination is a result of death, or otherwise beyond the member's control, current law requires that neither the member or his or her heirs are liable for periodic payments to the corporation that come due 30 days following the uncontrolled termination. Senate Bill 12-024 relieves the corporation of this obligation.

The bill also specifies that agendas for meetings conducted by a subcommittee of the corporation's board of directors be reasonably available, and that meetings be open to attendance by all residential members, or their representatives, whenever the subcommittee is authorized to take final action on the board's behalf.

02:11 PM

Representative Holbert distributed and discussed Amendment L.001 (Attachment A). Representatives Swalm and Wilson asked the sponsor questions about the need for the bill and why it is geared toward one organization.

02:17 PM -- Scott Braasch, General Counsel for Essex Corporation, management company for Carmel Oaks, and Terrance Carroll, attorney with Greenberg Traurig's Denver office, both representing the retirement community Carmel Oaks of Lakewood, spoke in favor of the bill. Speaker Carroll explained the uniqueness of Carmel Oaks and the need for the bill. Representative Liston asked Mr. Braasch to explain how Carmel Oaks works. Representatives Liston and Wilson asked some questions regarding the entrance fees.


BILL:	SB12-024
TIME:	02:39:57 PM
MOVED:	Holbert
MOTION:	Moved to adopt Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Szabo
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.	Excused
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-024
TIME:	02:45:34 PM
MOVED:	Holbert
MOTION:	Moved to refer Senate Bill 12-024, as amended, to the Committee of the Whole. The motion passed on a vote of 9-1.
SECONDED:	Priola
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Yes
	Singer	Excused
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	No
	Williams A.	Excused
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

YES: 9 NO: 1 EXC: 3 ABS: 0 FINAL ACTION: PASS

02:47 PM

The committee adjourned.