House Committee on Business, Labor, Economic, & Workforce Development (02/26/2013)

Final
STAFF SUMMARY OF MEETING

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

Date:	02/26/2013	ATTENDANCE

Time:	01:44 PM to 04:34 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	*
		Kraft-Tharp	X
		Williams	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB13-1215 HB13-1167 HB13-1233		Referred to Health, Insurance & Environment Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole

01:45 PM -- House Bill 13-1215

Representative Peniston, prime sponsor, presented House Bill 13-1215 to the committee. The bill requires a minor who is 15 years of age or older, but who is not yet 18 years old, to have the consent of a parent or legal guardian, or a physician's prescription, prior to using an artificial tanning device at a registered facility. The Colorado Department of Public Health (CDPHE) may assess a penalty of up to $200 per day if it finds that an owner, employee, or operator has failed to comply with the bill's requirements. Representative Peniston discussed the enforcement of provisions described in the bill and described the process of the standard consent form that CDPHE will develop.

01:55 PM

Representative Peniston responded to questions from the committee on the provisions of the bill. She clarified that minors under the age of 15 will be prohibited from tanning and that parents can withdraw consent at anytime. She responded to committee questions on: documentation required to prove age, extended identification checks, the financial penalty, parental permission, the fiscal note, and enforcement issues. To a question on the impact of the bill, Representative Peniston stated that there are 307 registered tanning salons in Colorado and that the number of minors in Colorado using tanning devices in unknown.

02:06 PM

Christy Chase, Office of Legislative Legal Services, was brought to the table to discuss the provisions of the bill. Ms. Chase stated that the bill only applies to commercial tanning devices and businesses and that the registration does not apply to private ownership.

The following individuals testified on the bill:

02:11 PM -- Dr. Robert Dellavalle, representing the Colorado Skin Cancer Task Force, spoke against the bill. He distributed a handout to the committee, Practices of Unregulated Tanning Facilities in Missouri: Implications for Statewide Legislation (Attachment A). Dr. Dellavalle discussed the medical risks of indoor tanning. He argued that the bill does not go far enough, and cited other jurisdictions with stricter laws. He commented that tanning devices produce higher levels of ultraviolet (UV) radiation than summertime conditions and that ages 15 to 18 are important developmental years for skin. He argued that an 18-year-old limit would be more appropriate. He discussed the history and technological changes of tanning devices. He discussed the difference between UV light produced by tanning devices and sunlight and the risk factors involved in both.

130226 AttachA PM.pdf

02:22 PM

Dr. Dellavalle continued his testimony, discussing melanoma and skin cancer, and arguing that there is substantial evidence showing a connection between tanning devices and skin-related cancers. He discussed current federal and state restrictions on tanning devices.

02:25 PM -- Dr. Hunter Sams, representing the Colorado Skin Cancer Task Force, spoke against the bill. Dr. Sams discussed the connection between tanning beds and types of skin cancers and argued that minors should not be allowed to use tanning devices. He discussed various studies showing a rise in skin cancer and melanoma, and correlating a high dosage or cumulative exposure to UV light and increased skin health risk. He clarified that his opposition to the bill was that the bill does not go far enough. He stated his belief that minors under the age of 18 should be restricted from using tanning devices. Dr. Sams commented that the age 18 limit was arbitrary, but that society has chosen 18 as the age to restrict minors from using various harmful products. He discussed the issue of addictive factors related to tanning.

02:37 PM

Dr. Sams responded to questions from the committee on the prescriptive use of tanning. Dr. Sams discussed the U.S. Food and Drug Administration recommendations on tanning.

02:41 PM -- Jodi Duke, representing herself as a cancer survivor and the Colorado Skin Cancer Task Force, spoke against the bill. Ms. Duke said she was against the bill because it does not go far enough. She discussed her personal experiences tanning as a teenager and being diagnosed with melanoma in her early twenties. She commented that better education of tanning risks coupled with restrictions to minors is needed. Ms. Duke responded to questions from the committee on whether she would have been deterred by a disclosure form. Ms. Duke discussed the concept of tanning addiction.

02:46 PM -- R.J. Ours, Colorado Director of Government Relations for the American Cancer Society (ACS) Cancer Action Network (CAN), spoke against the bill. Mr. Ours stated that he represented the over 1,300 Coloradans who will be diagnosed with melanoma this year. He stated that skin cancer is the most common form of cancer, while exposure to UV rays is one of the most avoidable cancer risks. Mr. Ours stated that the cost nationwide in health care and productivity loss is estimated at $2.36 billion. He discussed the dangers of using a tanning bed even once.

02:50 PM -- Dwayne Jones, Chief Operating Officer at At the Beach, Inc., spoke against the bill. He stated that At the Beach has been in operation for 25 years, with 70 stores across the country. In Colorado, At the Beach operates 31 stores, employs over 200 people, and pays $4.5 million in payroll and $1.5 million in federal tanning taxes. Mr. Jones stated that his business self-regulates: they do not allow minors under the age of 14 to tan, ages 14 to 16 require parental consent and accompaniment, and ages 16 to 18 require parental consent on file at their stores. At the Beach also uses biometrics -- in the form of a fingerprint readers -- to insure against fraud. Parental consent and identification are scanned and available at all offices. At the Beach also posts warning signs. Mr. Jones commented that the bill would expand liability to At the Beach's employees, require more paperwork, and presents enforcement challenges. Mr. Jones responded to questions from the committee on what percentage of clients are under 18, to which he responded 5 percent.

02:59 PM -- Tracie Cunningham, American Suntanning Association, spoke against the bill. Ms. Cunningham distributed two handouts to the committee, a fact sheet (Attachment B) and the Artifical Tanning Device Operations Act of 1989 (Attachment C). Ms. Cunningham discussed the state and federal regulation of tanning. She responded to questions from the committee on exposure schedules for skin types.

130226 AttachB PM.pdf

130226 AttachC PM.pdf

03:04 PM -- Mary Woodard, representing At the Beach and the indoor tanning industry, spoke against the bill. Ms. Woodard stated that the bill represents overly onerous regulations to business owners. She stated that the industry already employs safety measures that are cost-effective and reliable. She stated that the industry relies on parents. She discussed the need for stakeholder meetings. She commented that the problem needs to be addressed without punishing business owners. Ms. Woodard responded to questions on whether this bill represented a business issue or a health issue.

03:12 PM -- Dr. Susan Townsend, representing the American Association of Pediatrics and Children's Hospital Colorado, spoke in favor of the bill. Ms. Townsend distributed a handout to the committee, Practices of Unregulated Tanning Facilities in Missouri: Implications for Statewide Legislation (Attachment D). Dr. Townsend stated that, as a physician, the trends of skin cancer in young women is concerning. She discussed the impact of tanning to the skin and eyes. She commented that there needs to be age-appropriate regulations on tanning beds.

130226 AttachD PM.pdf

03:17 PM -- Erin Jones, representing herself as a melanoma patient, spoke in favor of the bill. Ms. Jones discussed her personal experience as a teenaged tanner. She commented that this bill would protect young adults by helping them to make informed and educated decisions.

03:20 PM

Representative Peniston made closing comments to the committee. She stated that some members of the industry said the bill would be helpful to them in terms of liability protection, but that this is not as stringent a bill that health experts would like to see. She stated that the bill is a compromise between small business and public health.


BILL:	HB13-1215
TIME:	03:22:59 PM
MOVED:	Hamner
MOTION:	Refer House Bill 13-1215 to the Committee on Health, Insurance, and Environment. The motion passed on a vote of 6-5.
SECONDED:	Ryden
		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

03:26 PM -- House Bill 13-1167

Representatives Peterson and Duran, prime sponsors, introduced House Bill 13-1167 and distributed prepared Amendment L.003 (Attachment E). The sponsors discussed the provision of the bill, which will require the Secretary of State's Office to request information from each business owner regarding whether the business is owned by a woman, minority, veteran, or person with a disability, and to make that information available to the public. The sponsors responded to questions from the committee on: how the information will be conveyed, why this information is useful, and why the demographics matter.

130226 AttachE PM.pdf

03:36 PM

Questions from the committee continued on the accuracy of information provided and on how this information relates to the state's contracting process.

The following individuals testified to the committee:

03:42 PM -- Nicole Singleton, President of Colorado Black Chamber of Commerce, spoke in favor of the bill. Ms. Singleton stated that her office receives numerous calls on whether Colorado is supportive of diverse-owned business and that this data will reflect how well the state is supporting these businesses. She said that definitive statistics would help her and other agencies to plan related training sessions and leverage partnerships. Ms. Singleton responded to questions from the committee on the vulnerability of the data on the web.

03:46 PM -- Richard Lewis, Chair of the Colorado Black Chamber of Commerce, spoke in favor of the bill. Mr. Lewis stated his surprise in learning that this information is not being tracked by the state. He responded to questions from the committee on other self-reported statistics that would be useful for this database and on how this bill would help businesses contract with the state.

03:55 PM -- Scott Gessler, Secretary of State, spoke in favor of the bill. Mr. Gessler commented that his office's new business and economic reporting has precipitated the desire for more information. He discussed his support of Amendment L.003 (Attachment E), which adds the North American Industry Classification System (NAICS) codes to the reporting. Mr. Gessler stated his support of this business information being voluntary. Mr. Gessler responded to questions from the committee on: working with the Governor's Office of Economic Development and International Trade (OEDIT) on leveraging the database, privacy concerns, and why demographics matter.

04:07 PM

Mr. Gessler continued to respond to questions on: the amendment, whether a disclaimer is necessary on how the information will be used, and whether this requires statutory authorization.

04:09 PM -- Jennifer Cassell, OEDIT, came to the table to offer technical testimony. Ms. Cassell stated that this new database would not be duplicative to OEDIT's Minority Business Office's database, which has data on minority and women-owned businesses only. Ms. Cassell commented that data is great, and that OEDIT can link the data to their online asset map tool. She commented that the bill would allow OEDIT to connect businesses to networking and key industries. She responded to a question on the safety clause.

04:12 PM

The committee and the sponsors discussed a conceptual amendment to remove the bill's safety clause.


BILL:	HB13-1167
TIME:	04:13:28 PM
MOVED:	Hamner
MOTION:	Adopt amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:	Kraft-Tharp
		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:	HB13-1167
TIME:	04:17:11 PM
MOVED:	DelGrosso
MOTION:	Adopt conceptual amendment L.005 (Attachment F). The motion passed without objection.
SECONDED:	Holbert
		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

130226 AttachF PM.pdf

04:18 PM

The sponsors made closing remarks. Representative Duran stated that this data will help inform public policy. She stated that the Hispanic Chamber also supports the bill.


BILL:	HB13-1167
TIME:	04:21:24 PM
MOVED:	Hamner
MOTION:	Refer House Bill 13-1167, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-2.
SECONDED:	Kraft-Tharp
		VOTE
	DelGrosso	Yes
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	Yes
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	Yes
	Kraft-Tharp	Yes
	Williams	Yes

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

04:22 PM -- House Bill 13-1233

Representative Pabon, prime sponsor, introduced House Bill 13-1233 to the committee. The bill authorizes, but does not require, the use of a language other than English in insurance policies, insurance-related documents, insurance advertising, and insurance transactions. Non-English language insurance policies must be translated from an English language policy, and the English language version is controlling in the event of a dispute. Representative Pabon responded to questions from the committee and introduced Amendments L.001 and L.003 (Attachments G and H).

130226 AttachG PM.pdf

130226 AttachH PM.pdf

04:29 PM -- Julie Mowry, representing State Farm Insurance and Rocky Mountain Health Plan, spoke in favor of the bill. Ms. Mowry stated that the bill allows flexibility for carriers to provide a customer service.


BILL:	HB13-1233
TIME:	04:31:10 PM
MOVED:	Holbert
MOTION:	Adopt amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:	Szabo
		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:	HB13-1233
TIME:	04:32:01 PM
MOVED:	Holbert
MOTION:	Adopt amendment L.003 (Attachment H). The motion passed without objection.
SECONDED:	Szabo
		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

04:32 PM

Representative Pabon made closing comments.


BILL:	HB13-1233
TIME:	04:33:05 PM
MOVED:	Szabo
MOTION:	Refer House Bill 13-1233, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Hamner
		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

04:43 PM

The committee adjourned.