House Committee on Business, Labor, Economic, & Workforce Development (04/11/2013)

Final
STAFF SUMMARY OF MEETING

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

Date:	04/11/2013	ATTENDANCE

Time:	01:35 PM to 07:50 PM	DelGrosso	X
		Exum	X
Place:	LSB A	Hamner	X
		Holbert	X
This Meeting was called to order by		Navarro	X
	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:
HB13-1285 HB13-1277 HB13-1004 HB13-1004 HB13-1249		Amended, Referred to Appropriations Amended, Referred to Appropriations Amended, Referred to Appropriations Amended, Referred to Appropriations Postponed Indefinitely

01:35 PM -- House Bill 13-1285

Representative Williams called the meeting to order. A quorum was present. Representative Williams discussed the day's calendar and stated that testimony would be limited. Representative Kraft-Tharp, vice-chair, took over as chair of the committee. Representative Williams and Salazar presented House Bill 13-1285 to the committee. The bill requires the Department of Personnel (DPA) to commission an independent study involving state contracting and under-utilized businesses within the state. Representative Williams discussed the recent iNews report which studied racial and ethnic disparities in the state, "Losing Ground" (www.inewsnetwork.org/losingground). She listed a number of organizations that were in support of the bill. Representative Salazar acknowledged that labor and business supported this bill. He discussed the details of the "Losing Ground" report. The sponsors responded to questions from the committee on: other states' studies, how the study will be contracted, previous disparity studies, and the current state procurement process.

The following individuals testified on the bill:

01:49 PM -- Richard Lewis, representing RTL Networks and the Colorado Black Chamber of Commerce, spoke in favor of the bill. He said that tracking demographic data is essential to understanding, and solving, issues of disparity. He discussed the federal system of tracking and discussed the state's struggling minority firms. Representative Szabo asked a question on the specifics of the study.

01:55 PM -- Bill Vidal, representing the Hispanic Chamber and the Minority Chamber Coalition, spoke in favor of the bill. Mr. Vidal discussed his experiences with the issue in leadership roles with the state. He stated that disparity studies are a photograph in time and discussed the changing landscape of the state's demographics in the past ten years. He discussed the state procurement process.

01:59 PM -- Walter Jones, an attorney who represents minority- and women-owned businesses, spoke in favor of the bill. He furthered the discussion on the procurement process. He discussed the barriers to minority- and women-owned businesses and discussed the application process for state and federal contracts. Representative Ryden asked for an explanation of best-value contracting.

02:05 PM -- Tony Gagliardi, representing the National Federation of Independent Businesses (NFIB), Loren Furman, representing the Colorado Association of Commerce and Industry (CACI), and Phil Hayes, representing the Colorado AFL-CIO, came to the table together to speak in favor of the bill. Representative Kraft-Tharp, chair, recognized that business and labor were on the same side of the issue. Tony Gagliardi stated that the groups have the interests of small businesses in common. He stated that the bill would help these businesses compete on a level playing field. Ms. Furman stated her organization's support for the bill. Mr. Hayes stated his organization's support for the bill. The panel responded to questions from the committee.

02:12 PM -- Carol Pfarr, representing the DPA, came to the table to answer technical questions on the bill. Representative DelGrosso asked for an abridged version of the procurement process. Representative Szabo asked about the DPA's tracking system in terms of vendor management. Ms. Pfarr answered other questions from the committee on: whether businesses currently self-identify demographic information and if there has been procurement assistance for historically under-utilized businesses.

02:16 PM -- Olivia Mendoza, representing the Colorado Latino Forum, spoke in favor of the bill. She discussed the results of the 2007 economic census, which identified over 33,000 latino-owned businesses. She stated that the disparity study is critical as a benchmark and will help Colorado's economy thrive.

02:18 PM -- Linda Meric, representing 9to5, spoke in favor of the bill. She stated that the study would provide access to public contracting dollars, which is a key ingredient to insuring that all businesses benefit from state government investment and purchasing equally.

02:20 PM -- Julie Reiskin, representing the Colorado Cross-Disability Coalition, spoke in favor of the bill. Ms. Reiskin stated that the lowest-bidder formula is not what happens in the state from her experience, and discussed barriers for disabled business owners to procurement contracts.

02:22 PM -- Cassidy Dellemonache, representing the Arc of Colorado, spoke in favor of the bill. She discussed the need to employ members of the developmental disability community.

02:24 PM -- Daniel Pearsall, representing the Conference of Minority Transportation Officials, spoke in favor of the bill. He stated that his organization's mission was to level the playing field with transit-related construction contracts. He stated that the Regional Transit District (RTD) is currently doing a good job in fair contracting.

02:27 PM -- Dee St. Cyr, representing the Rocky Mountain Indian Chamber of Commerce, spoke in favor of the bill. She greeted the committee in her native language and stated that she is a part of the Winnebago tribe. Ms. St. Cyr discussed her personal experience at Caddo Solutions and the barriers to business that exist in Colorado for Native American-owned businesses. She stated that her Colorado-based business does more business outside of the state.

02:29 PM -- Corrine Fowler, representing the Colorado Progressive Coalition, spoke in favor of the bill. She stated that the bill would help to advance social justice in the state and discussed the "Losing Ground" report.

02:32 PM -- Burt Hubbard, representing iNews, spoke neutrally on the bill. He discussed the "Losing Ground" report which his organization produced.

02:36 PM

Representative Williams distributed and discussed prepared amendment L.001 (Attachment A).

130411 AttachA.pdf


BILL:	HB13-1285
TIME:	02:36:38 PM
MOVED:	Williams
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Hamner
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

02:36 PM

Representatives Williams and Salazar made closing remarks on the bill. Committee discussion ensued on the legislation that may be precipitated by this study.


BILL:	HB13-1285
TIME:	02:38:45 PM
MOVED:	Williams
MOTION:	Refer House Bill 13-1285, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-3.
SECONDED:	Hamner
		VOTE
	DelGrosso	Yes
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	Yes
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Kraft-Tharp	Yes
	Williams	Yes

YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:39 PM -- House Bill 13-1277

Representative Williams presented House Bill 12-1277 to the committee. This bill creates a licensing program for community association managers in the Division of Real Estate (the division) in the Department of Regulatory Agencies (DORA).

The following individuals testified on the bill:

02:44 PM -- Jim Burneson, representing himself, spoke in favor of the bill. He distributed a written copy of his testimony (Attachment B) and discussed his personal experience with homeowner's association (HOA) management problems.

130411 AttachB.pdf

02:49 PM -- Marcia Waters, representing the division, came to the table to answer technical questions on the bill. Representative Holbert asked questions about the sunset review and discussed the role of DORA. Ms. Waters discussed the division's current authority and the new authorizations the division would have under this bill.

03:04 PM -- Michelle Wilde, representing Spring Meadows Condominium Association in Fort Collins, spoke in favor of the bill. She discussed her experience as a board member on an HOA managed by a negligent company. She stated that the bill would provide much needed regulation over people with fiduciary responsibilities to Colorado homeowners.

03:08 PM -- Walter Lukasik, representing the Community Associations Institute (CAI), spoke in favor of the bill. He stated that he had personally managed HOAs as small as 10 homes and as large as 7,000 homes. He stated that this legislation would lend credence to his profession.

03:10 PM -- Stan Hrincevich, Colorado HOA Forum, spoke in favor of the bill. He stated that the bill was an overdue piece of legislation to deal with complaints about HOA managers. He encouraged DORA to get input from HOA boards, managers, homeowners to ensure independence on the crafting of the rules and regulations. He discussed his concerns with the educational and credential requirements of the bills, and additional concerns with definitions and accountability mechanisms.

03:14 PM -- Don Fymbo, representing himself, spoke in favor of the bill. He recommended severe penalties, surety bonds, and educational requirements.

03:17 PM -- Chris Pacetti, representing CAI, spoke in favor of the bill. Mr. Pacetti discussed his work on the bill. He stated that, as drafted, the bill currently identifies the three industries who certify homeowner association managers, but that DORA would be able to include more.

03:22 PM -- Leslie Stevens, representing Eclipse Properties, spoke in favor of the bill. She stated that HOA regulation is needed and that it should be advertised so that HOA homeowners are aware of these protections.

03:25 PM -- Dee Wolfe, representing CAI, spoke in favor of the bill. She stated that she has worked on proposed legislation around this issue for 20 years and that this bill will help address the issues of HOA management when needed. She stated her support for the education component of the bill. She listed the states which have similar laws in statute and said another eight states, including Colorado, are considering legislation this year. She responded to a question from Representative Szabo on the authority of HOA boards.

03:29 PM -- Jeff Kutzer, representing CAI, spoke in favor of the bill. He echoed the statements of the other CAI members before him and said that the bill will rein in "bad actors".

03:31 PM -- William Wilbur, representing himself, spoke in favor of the bill with a provision. He stated that an exemption should be granted for smaller condominium units, less than 30. Mr. Wilbur responded to questions from the committee.

03:35 PM -- Christine O'Donnell, Colorado Hotel and Lodging Association, spoke against the bill. She discussed the issues she saw with the education requirement for HOA managers and the naming of specific accreditation companies, which she believes is a gain for CAI. She stated that she would prefer to see that section struck from the bill and discussed during rulemaking. She responded to questions on the fees related to accrediting property managers and whether current managers should be grandfathered in. She responded to a question from Representative DelGrosso who asked if this bill was a deterrent to business. She discussed the difference between property managers and community managers.

03:43 PM

Representative Williams distributed, discussed, and moved prepared amendment L.001 (Attachment C).

130411 AttachC.pdf


BILL:	HB13-1277
TIME:	03:46:22 PM
MOVED:	Williams
MOTION:	Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:	Hamner
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

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

03:46 PM

Representative Holbert discussed a conceptual amendment to the bill that would grant the director of the division the authority to allow people in the industry to be licensed while waiting for the Colorado Bureau of Investigation (CBI) to complete its background check. Committee discussion ensued on the proposed conceptual amendment.

03:51 PM -- Marcia Waters, representing the division, returned to the table to discuss the conceptual amendment. She stated that the amendment would be helpful. Representative Williams stated that the CBI is currently 17 weeks behind on these background checks.

03:55 PM

Representative Holbert withdrew his conceptual amendment to wait for a prepared amendment to be drafted by the Office of Legislative Legal Services. The committee recessed while waiting for the drafted version of the conceptual amendment.


BILL:	HB13-1277
TIME:	03:55:59 PM
MOVED:	Holbert
MOTION:	A conceptual amendment to House Bill 13-1277 was withdrawn.
SECONDED:	DelGrosso
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

03:51 PM

The committee came back to order. Staff distributed prepared amendment L.002 (Attachment D) to the committee. Representative Williams stated that she was amenable to the amendment. Representative Holbert discussed a technical correction to the amendment and Representative Ryden proposed a conceptual change to the amendment.

130411 AttachD.pdf


BILL:	HB13-1277
TIME:	04:06:57 PM
MOVED:	Holbert
MOTION:	Adopt amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:	DelGrosso
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

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


BILL:	HB13-1277
TIME:	04:02:31 PM
MOVED:	Holbert
MOTION:	Adopt a technical amendment to L.002 on line 5, remove the "4" in the second instance of 2014 and replace with "5". The motion passed without objection.
SECONDED:	DelGrosso
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

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

04:03 PM -- Marcia Waters, representing the division, returned to the table to discuss the conceptual amendment which changes a "shall" to a "may".


BILL:	HB13-1277
TIME:	04:04:00 PM
MOVED:	Ryden
MOTION:	Adopt a conceptual Amendment to L.002 on line 7, to replace "SHALL" with "MAY". The motion passed without objection.
SECONDED:	DelGrosso
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

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

04:06 PM

Representative Williams made closing comments on the bill. She stated that the bill was about consumer protection and HOA reform. Committee members made closing statements on the bill. Representative Hamner stated that she would like to hear more from the small and large HOAs on whether exemptions should be made for them. Representative DelGrosso stated that the bill goes to far. Representative Szabo discussed her concerns for small HOAs. Representative Holbert discussed his concerns on the attorney exemption. Representative Ryden said that this bill adds to the consumer protection available to HOA homeowners. Representative Exum discussed his personal experience with an HOA and stated his support for the bill.


BILL:	HB13-1277
TIME:	04:08:12 PM
MOVED:	Williams
MOTION:	Refer House Bill 13-1277, as amended, to the Committee on Appropriations. The motion passed on a vote of 6-5.
SECONDED:	Rosenthal
		VOTE
	DelGrosso	No
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	No
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Kraft-Tharp	Yes
	Williams	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:13 PM

The committee took a brief recess

04:17 PM -- House Bill 13-1004

The committee came back to order. Representatives Duran and Melton, prime sponsors, presented House Bill 13-1004 to the committee with a prepared amendment to strike everything below the enacting clause (Attachment E). The sponsors had previously presented this bill to the House Business committee on February 7. The sponsors responded to questions from the committee.

130411 AttachE.pdf


BILL:	HB13-1004
TIME:	04:22:13 PM
MOVED:	Holbert
MOTION:	Adopt amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:	Nordberg
		VOTE
	DelGrosso
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Kraft-Tharp
	Williams

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

04:23 PM

The sponsors made closing remarks.


BILL:	HB13-1004
TIME:	04:26:35 PM
MOVED:	Hamner
MOTION:	Refer House Bill 13-1004, as amended, to the Committee of the Whole. The motion passed on a vote of 6-5.
SECONDED:	Rosenthal
		VOTE
	DelGrosso	No
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	No
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Kraft-Tharp	Yes
	Williams	Yes

YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:28 PM

The committee took a ten-minute recess.

04:39 PM -- House Bill 13-1004

The Joint Budget Committee requested that the bill be routed to the Committee on Appropriations.


BILL:	HB13-1004
TIME:	04:39:22 PM
MOVED:	Hamner
MOTION:	Move to reconsider House Bill 13-1004. The motion passed on a vote of 11-0.
SECONDED:	Ryden
		VOTE
	DelGrosso	Yes
	Exum	Yes
	Hamner	Yes
	Holbert	Yes
	Navarro	Yes
	Nordberg	Yes
	Rosenthal	Yes
	Ryden	Yes
	Szabo	Yes
	Kraft-Tharp	Yes
	Williams	Yes

YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB13-1004
TIME:	04:40:22 PM
MOVED:	Hamner
MOTION:	Refer House Bill 13-1004 to the Committee on Appropriations. The motion passed on a vote of 6-5.
SECONDED:	Kraft-Tharp
		VOTE
	DelGrosso	No
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	No
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Kraft-Tharp	Yes
	Williams	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:41 PM -- House Bill 13-1249

Representative McCann, prime sponsor, presented House Bill 13-1249 to the committee. The bill modifies current law regarding the foreclosure process for residential properties. Representative McCann stated that committee members had received a strike everything below the enacting clause (SEBEC) amendment L.001 (Attachment N). Representative McCann reviewed the provisions of the amendment, which implements a hearing procedure until Colorado Rule of Civil Procedure 120; prohibits "dual tracking", where a lender negotiates a loan modification at the same time it pursues a foreclosures; and creates a single point of contact. Representative McCann discussed the mechanics of the current foreclosure process. She stated that she worked with banks and included all the feedback she received, specifying that she received no feedback on the Rule 120 procedure. She responded to questions from the committee on: the impact of federal foreclosure remedies, the changes to the bill made by the SEBEC amendment, details on the Rule 120 hearings, the Consumer Financial Protection Bureau (CFPB), and how consumer files a complaint under federal rules.

05:10 PM

Representative Williams stated that each side of the debate would receive one hour of testimony.

The following individuals testified on the bill:

05:11 PM -- Debra Johnson, representing the offices of the Denver Public Trustee and Clerk and Recorder, spoke in favor of the bill. Cindy Wagner, Chief Deputy Public Trustee, also came to the table to answer committee questions. Ms. Johnson stated that the bill was an advocacy bill and that it does not have impact on the public trustee's current processes.

05:14 PM -- Ed Kahn, representing the Colorado Center on Law and Policy, spoke in favor of the bill. He discussed the magnitude of the foreclosure crisis and stated that fairness is critical to the process.

05:16 PM -- Marcie Jacobs, representing herself as a homeowner, spoke in favor of the bill. She discussed her personal experience with wrongful foreclosure. She distributed a copy of her testimony (Attachment F).

130411 AttachF.pdf

05:22 PM -- Keith Gantenbein, representing himself as an attorney, spoke in favor of the bill. He discussed his experience representing victims of wrongful foreclosures. He stated that the bill was about fairness and due process of law.

05:24 PM -- Steve Berken, representing Colorado Bankruptcy Attorneys, spoke in favor of the bill. He stated that the bill affords people the time to figure out the process. He commented that the bill would codify civility.

05:27 PM -- Kelli Fritts, representing the American Association of Retired Persons (AARP), spoke in favor of the bill. She distributed a copy of an AARP report, "Nightmare on Main Street: Older Americans and the Mortgage Market Crisis" (Attachment G), and explained the pertinence of the foreclosure crisis to AARP's membership.

130411 AttachG.pdf

05:28 PM -- Lisa Calderon, representing herself, spoke in favor of the bill. She discussed her personal experience with a wrongful foreclosure.

05:31 PM -- Barbara Hoover, representing Together Colorado, spoke in favor of the bill. She discussed her personal experience with foreclosure and stated that better loan disclosure documentation is needed. Representative Ryden asked a question about her negative amortization loan.

05:35 PM -- Steven Bailey, representing himself, spoke in favor of the bill. He distributed a written copy of his testimony to the committee (Attachment H). He discussed his personal experience with loan modification and stated that the bill is a simple step to assist homeowners. He discussed bank practices. He stated that the bill does not hinder the economy.

130411 AttachH.pdf

05:41 PM -- Guy Humphries, representing himself, spoke in favor of the bill. He discussed his experience as a bankruptcy attorney. He stated that the bill would provide basic procedural fairness.

05:46 PM -- James Johnson, representing the National Association for the Advancement of Colored People (NAACP-Colorado), spoke in favor of the bill. He discussed his experience as the Eagle County Commissioner. He stated that predatory lending practices targeted minority communities and discussed the impacts of the foreclosure epidemic. He discussed the reasons he believed the bill should be passed.

05:51 PM -- Vivian Rader, representing herself, spoke in favor of the bill. She discussed her experience being victimized by two wrongful foreclosures in rural Colorado. She discussed the negative impacts of foreclosure on the farming community.

05:54 PM -- Faun Hauptman, representing herself as a licensed real estate broker, spoke in favor of the bill. She distributed a written copy of her testimony to the committee (Attachment I). She discussed the issue of properties selling without title insurance.

130411 AttachI.pdf

05:59 PM -- Corinne Fowler, representing the Colorado Progressive Coalition and the Campaign to End Unjust Foreclosure, spoke in favor of the bill. She discussed the sponsor's work on the bill, taking input from all stakeholders while keeping the intent of the bill intact. She stated that this bill would codify case law, and cited the Goodwin v. District Court case of 1989.

06:02 PM -- Bridget Kaminetsky, representing 9to5, spoke in favor of the bill. She discussed the impact of foreclosure on seniors, female heads of household, Latino and African-Americans.

06:04 PM -- Cheryl Hoffman, representing herself, spoke in favor of the bill. She discussed her personal experience with wrongful foreclosure and distributed a copy of her testimony to the committee (Attachment J).

130411 AttachJ.pdf

06:10 PM -- Jim Tatten, representing himself, spoke in favor of the bill.

06:14 PM -- Jesus Altamirano, representing the National Council of La Raza, spoke in favor of the bill. He stated that while the federal measures adopted to prevent wrongful foreclosure will help, this bill is still necessary.

06:17 PM -- Jenny Weyel, representing the Colorado Progressive Coalition, spoke in favor of the bill. She stated that her organization decided to work on the foreclosure crisis because it was the number one issue of concern brought up while canvassing Denver metro area communities. She distributed a visual mapping of the foreclosure crisis (Attachment K).

130411 AttachK.pdf

06:19 PM -- Christie Bishop, representing herself, spoke in favor of the bill. She discussed her personal experience with foreclosure, and discussed the importance of having due process in these matters.

06:23 PM

Representative McCann requested that one supporter of HB13-1249 be reserved for the end of public testimony. Williams stated that the opposition would be granted an hour of testimony.

06:23 PM -- Jenifer Waller, representing the Colorado Banking Association, spoke in opposition to the bill. She stated that no lender was prepared for financial crisis but that all lenders are now paying penalties. She discussed new federal consumer protections in place through the provisions of the federal Dodd-Frank Act. She presented statistics on Colorado's foreclosures. She addressed her organization's technical concerns with the bill. She responded to questions from the committee on: the CFPB, average federal response times, the average losses to the bank per foreclosure, and the future of the mortgage market.

06:36 PM -- Mike Rosser, representing the Colorado Mortgage Lenders Association (CMLA), spoke in opposition to the bill. He discussed his experience on the state's Housing Board during the foreclosure crisis, and the resulting task force and foreclosure hotline. He stated that the foreclosure crisis was over-reported. He discussed the legislative history of foreclosure protections in the state.

06:46 PM -- Rachel Nance, representing the Colorado Association of Realtors, spoke in opposition to the bill.

06:50 PM -- Terry Jones, representing the CMLA, spoke in opposition to the bill. He stated that the CFPB rules should be given a chance to protect the Colorado consumer before another law goes into place. He discussed the enforcement powers of CFPB.

07:03 PM -- Alex Pankonin, representing the Land Title Association of Colorado, spoke in opposition to the bill. He stated that the bill represented bad policy.

07:06 PM -- Zach Urban, representing himself, spoke in opposition to the bill. He distributed and discussed his independent analysis of the CFPB's complaints from Colorado consumers on foreclosure and loss mitigation (Attachment L). He discussed his experience working as a consumer advocate. He stated that the most important thing a consumer facing foreclosure needs to know is to keep fighting.

130411 AttachL.pdf

07:16 PM

Mr. Urban continued to respond to questions from the committee.

07:23 PM -- Tom Devine, representing the Colorado Bar Association, spoke in opposition to the bill. He discussed his familiarity with the statutory scheme. He stated that his opposition is technical. He stated that the increased burden on the courts is problematic and expensive. He stated that foreclosure is not the preferred option for lenders.

07:30 PM -- Trey Rogers, representing the Independent Bankers of Colorado, spoke in opposition to the bill. He stated that independent bankers hold and service mortgages in house. He addressed his organization's technical issues with the bill. He stated that the bill opens the door to abuse of the foreclosure system.

07:37 PM -- Stephen Brunette, representing himself, spoke in favor of the bill. He stated that the bill would not delay the foreclosure process or clog the courts. He stated that the bill sponsor worked to remove all objectionable material. He distributed a handout to the committee (Attachment M).

130411 AttachM.pdf

07:41 PM

Representative McCann asked that the committee move the SEBEC Amendment L.001 (Attachment N). She discussed the points made by the opposition. She reminded the committee of testimony made by Denver's Public Trustee who stated her office would not be affected. She said there was no evidence that this bill would cause more judicial foreclosures. She stated that her bill was a simple due process bill and discussed how it was amended to satisfy stakeholder concerns. Committee members discussed their votes on the SEBEC amendment.


BILL:	HB13-1249
TIME:	07:41:53 PM
MOVED:	Ryden
MOTION:	Adopt amendment L.001 (Attachment N). The motion failed on a vote of 2-9.
SECONDED:	Kraft-Tharp
		VOTE
	DelGrosso	No
	Exum	Yes
	Hamner	No
	Holbert	No
	Navarro	No
	Nordberg	No
	Rosenthal	No
	Ryden	Yes
	Szabo	No
	Kraft-Tharp	No
	Williams	No

YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

130411 AttachN.pdf


BILL:	HB13-1249
TIME:	07:48:39 PM
MOVED:	Rosenthal
MOTION:	Postpone House Bill 13-1249 indefinitely. The motion passed on a vote of 10-1.
SECONDED:	DelGrosso
		VOTE
	DelGrosso	Yes
	Exum	No
	Hamner	Yes
	Holbert	Yes
	Navarro	Yes
	Nordberg	Yes
	Rosenthal	Yes
	Ryden	Yes
	Szabo	Yes
	Kraft-Tharp	Yes
	Williams	Yes

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

07:50 PM

The committee adjourned.