House Committee on Business, Labor, Economic, & Workforce Development (04/30/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS, LABOR, ECONOMIC, & WORKFORCE DEVELOPMENT

Date:	04/30/2013	ATTENDANCE

Time:	02:01 PM to 02:55 PM	DelGrosso	X
		Exum	*
Place:	LSB A	Hamner	X
		Holbert	X
This Meeting was called to order by		Navarro	E
	Representative Williams	Nordberg	X
		Rosenthal	X
This Report was prepared by		Ryden	X
	Erin Vanderberg	Szabo	X
		Kraft-Tharp	X
		Williams	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-228 SB13-238 SB13-262		Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to the Committee of the Whole

02:02 PM -- Senate Bill 13-228

Representative Kraft-Tharp, prime sponsor, presented Senate Bill 13-228 to the committee. The bill creates a new cause of action under the Colorado Consumer Protection Act for deceptive trade practices related to the provision of hearing aids. Persons convicted of a deceptive trade practice related to dispensing hearing aids commit a class 1 misdemeanor, and, upon a second or subsequent conviction, are guilty of a class 6 felony. Representative Kraft-Tharp discussed the benefits of the bill.

The following individuals testified:

02:05 PM -- Jim Lee, representing the Colorado Hearing Society, yielded his time to Mr. Hofffarth.

02:05 PM -- Robert Hoffarth, representing the Colorado Hearing Society, spoke in favor of the bill. He discussed his role as the Vice-President of the Colorado Hearing Society and as a hearing aid provider. Mr. Hoffarth responded to questions from the committee about the intent of the bill, deceptive trade practices, and licensing of audiologists.

02:14 PM

Representative Kraft-Tharp responded to a question from Representative DelGrosso on what the bill does.

02:16 PM -- Dino Ioannides, Section Director for the Health Services Section, Professions and Occupations Division, Department of Regulatory Agencies (DORA), came to the table to respond to questions from the committee. He responded to questions on deceptive trade practices and discussed the legislative and regulatory history of the issue.

02:22 PM -- Drs. Terri Ives and Sandy Gabbard, representing the Colorado Academy of Audiology, spoke in favor of the bill. They discussed the importance of the legislation and their professional experience.

02:25 PM

Representative Kraft-Tharp made closing comments.


BILL:	SB13-228
TIME:	02:25:29 PM
MOVED:	Kraft-Tharp
MOTION:	Refer Senate Bill 13-228 to the Committee of the Whole. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:	Hamner
		VOTE
	DelGrosso	Yes
	Exum	Yes
	Hamner	Yes
	Holbert	Yes
	Navarro	Excused
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	Yes
	Kraft-Tharp	Yes
	Williams	Yes

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

02:26 PM -- Senate Bill 13-238

Representative Ryden, prime sponsor, presented Senate Bill 13-238 to the committee. The reengrossed bill requires hearing aid providers to be licensed by the Division of Professions and Occupations (the division) within the Department of Regulatory Agencies (DORA). Hearing aid providers are persons who engage in the practice of dispensing, fitting, and or dealing in hearing aids. Among other things, the bill:

• defines the scope of practice of hearing aid providers;
• specifies educational background and examination requirements to become licensed;
• establishes an apprentice license status;
• requires the division to adopt necessary rules;
• provides the DORA with the ability to set fees and schedule license renewals;

• establishes the grounds for disciplinary proceedings; and
• authorizes the director of the division to take disciplinary actions.

The licensing program is repealed September 1, 2020, following a sunset review.

Representative Ryden stated that many of the bill's provisions had been discussed during the testimony of the prior bill, Senate Bill 13-228.

02:28 PM -- Jim Lee, representing the Colorado Hearing Society, spoke in favor of the bill. He discussed his organization's intent to work the division on rule-setting this summer.

02:29 PM -- Robert Hoffarth, representing the Colorado Hearing Society, spoke in favor of the bill.

02:30 PM -- Drs. Terri Ives and Sandy Gabbard, representing the Colorado Academy of Audiology, spoke in favor of the bill.

02:32 PM

Representative Ryden made closing comments.


BILL:	SB13-238
TIME:	02:32:14 PM
MOVED:	Ryden
MOTION:	Refer Senate Bill 13-238 to the Committee on Appropriations. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:	Williams
		VOTE
	DelGrosso	Yes
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	Excused
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Kraft-Tharp	Yes
	Williams	Yes

Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:35 PM -- Senate Bill 13-262

Representative Primavera, prime sponsor, presented Senate Bill 13-262 to the committee. Current law defines "debt-management services" as intermediary services between an individual and one or more creditors of the individual for the purpose of obtaining concessions. Current law exempts legal and accounting services from this definition. The bill creates an additional exemption for representative services provided before the Internal Revenue Service and Colorado Department of Revenue by an enrolled agent who is authorized by, and in good standing with, the United States Department of Treasury. Representative Primavera responded to questions from the committee. Representative Ryden distributed and discussed prepared amendment L.004 (Attachment A).

130430 AttachA.pdf

The following individuals testified on the bill:

02:38 PM -- Mike Wallen, Linda Ward, and John Dundon, representing the Colorado Society of Enrolled Agents, spoke in favor of the bill. The witnesses discussed the prepared amendment L.004 and responded to questions from the committee.


BILL:	SB13-262
TIME:	02:41:30 PM
MOVED:	Ryden
MOTION:	Adopt amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:	Hamner
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro	Excused
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

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

02:46 PM

Representative Primavera delivered closing remarks.

02:48 PM

The committee took a brief recess.

02:52 PM

The committee came back to order.


BILL:	SB13-262
TIME:	02:52:35 PM
MOVED:	Hamner
MOTION:	Refer Senate Bill 13-262, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Exum
		VOTE
	DelGrosso	Yes
	Exum	Yes
	Hamner	Yes
	Holbert	Yes
	Navarro	Excused
	Nordberg	Yes
	Rosenthal	Yes
	Ryden	Yes
	Szabo	Yes
	Kraft-Tharp	Yes
	Williams	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:53 PM

Representative Williams made announcements about the committee's schedule.

02:55 PM

The committee adjourned.