House Committee on Business, Labor, Economic, & Workforce Development (01/28/2014)

Final
STAFF SUMMARY OF MEETING

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

Date:	01/28/2014	ATTENDANCE

Time:	01:38 PM to 04:10 PM	Exum	X
		Hamner	X
Place:	LSB A	Holbert	X
		Navarro	X
This Meeting was called to order by		Nordberg	X
	Representative Williams	Rosenthal	*
		Ryden	X
This Report was prepared by		Szabo	X
	Erin Vanderberg	Wright	X
		Kraft-Tharp	X
		Williams	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB14-1011 HB14-1047 HB14-1079		Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:39 PM -- House Bill 14-1011

Representative Gerou and Representative Young, sponsors, presented House Bill 14-1011, concerning the funding of advanced industry economic development programs. For six fiscal years, the bill transfers $12 million each year from the General Fund to the Advanced Industries Acceleration Cash Fund (AI cash fund). Transfers to the AI cash fund under the bill commence on July 1, 2014, and reoccur each July 1 for five additional years. Representative Gerou discussed the programs that the AI cash fund has funded so far. Representative Young discussed HB 13-1001, which created the AI cash fund, and the revised fiscal note.

01:47 PM -- Ken Lund, Executive Director of the Office of Economic Development and International Trade (OEDIT), testified in support of the bill. He discussed the strategy and behind OEDIT's key industries concept and the importance of the advanced industries to the Colorado economy. He discussed the successes of the grant application process, the industry input into the selection process, and highlighted specific grant applicants.

01:59 PM

Director Lund responded to questions from the committee about the export acceleration program.

02:02 PM -- Patrick Boyle, representing the Colorado Competitive Council (C3), testified in support of the bill. He discussed the mission statement of C3 as related to the bill.

02:04 PM -- Chris Votoupal, representing the Colorado Cleantech Industry Association, testified in support of the bill. Mr. Votoupal stated that access to capital is the most pressing issue for the cleantech industry, and that this bill addresses that issue. He lauded the efforts of OEDIT, the bill sponsors, and the program. He stated that the Colorado BioSciences Association asked him to express their strong support for the bill.

02:08 PM -- J.B. Holston, representing the Colorado Technology Association, testified in support of the bill. Mr. Holston discussed his experience as an entrepreneur and as an industry representative in the grant selection process at OEDIT. He discussed the importance of the grant to advanced industries in the state.

02:11 PM

The sponsors delivered closing remarks. Representative Young stated that impetus for this bill is to create jobs in the state. Representative Gerou discussed the state's recession cycle, and how this bill would improve the health of the state's economy.


BILL:	HB14-1011
TIME:	02:17:16 PM
MOVED:	Kraft-Tharp
MOTION:	Refer House Bill 14-1011 to the Committee on Appropriations. The motion passed on a vote of 6-5.
SECONDED:	Rosenthal
		VOTE
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	No
	Nordberg	No
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Wright	No
	Kraft-Tharp	Yes
	Williams	Yes

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

02:19 PM

The committee took a brief recess.

02:23 PM -- House Bill 14-1047

The committee came back to order. Representative Becker, sponsor, presented House Bill 14-1047, concerning restrictions on the publishing of basic identification information on commercial websites. This bill requires a person who publishes booking photographs or other basic identification information on a commercial website to remove such information upon the request of a person who is not charged, whose charges are dismissed, or who is acquitted of the charges. Representative Becker discussed the prevalence and gravity of the issue, and distributed a packet of materials to the committee (Attachment A) and Amendment L.001 (Attachment B).

140128 AttachA.pdf

140128 AttachB.pdf

02:31 PM

Representative Becker responded to questions from the committee about the legality of these websites that post booking photographs, or mugshots. Discussion ensued.

02:41 PM

Questions from the committee continued on how these mugshots come up in a web search, and how long these mugshots remain on the Internet.

02:45 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in support of the bill and the amendment. She discussed the issue at length. She stated that this bill is an extension of the state's efforts to lessen collateral consequences. Ms. Klauber responded questions about whether it is legal to operate these websites in Colorado under current law, about mugshots as public records, and about final dispositions as they relate to criminal background checks.

02:55 PM

Questions from the committee continued about the state's authority over websites.

02:58 PM -- Denise Maes, representing the American Civil Liberties Union (ACLU), testified against the bill. She stated that while she believes the premise of the bill to be good, the way the bill achieves its goal runs afoul of the first amendment because mugshots are public records. She stated that the issues that should be addressed are both the law enforcement practice of putting booking photographs in a digital format and the classification of mugshots as public records. Ms. Maes responded to questions from the committee.

03:07 PM

Committee questioning of the witness continued on the subject of the first amendment and what constitutes a public record.

03:17 PM

The committee took a brief recess.

03:26 PM

The committee came back to order.

03:26 PM -- Jerry Barry, Office of Legislative Legal Services, came to the table to address a question about Colorado's jurisdiction over businesses in other states. He responded to a question about whether or not these businesses which post mugshots are currently operating legally, and what the penalties are.

03:32 PM -- Greg Romberg, representing the Colorado Press Association, testified neutrally on the bill. Mr. Romberg stated that he had come to the table at the request of the sponsor and discussed his organization's neutral position on the bill.

03:35 PM -- David Blake, representing the Office of the Attorney General, came to the table at the request of the sponsor to respond to questions from the committee on the bill's constitutionality. Mr. Blake responded to questions from the committee on the penalties related to the crime.

03:44 PM

The committee continued to ask questions of Mr. Blake

03:48 PM

Representative Becker discussed Amendment L.001.


BILL:	HB14-1047
TIME:	03:49:33 PM
MOVED:	Kraft-Tharp
MOTION:	Adopt amendment L.001 The motion passed without objection.
SECONDED:	Rosenthal
		VOTE
	Exum
	Hamner
	Holbert
	Navarro
	Nordberg
	Rosenthal
	Ryden
	Szabo
	Wright
	Kraft-Tharp
	Williams

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

03:50 PM

Representative Becker made closing comments.


BILL:	HB14-1047
TIME:	03:51:15 PM
MOVED:	Ryden
MOTION:	Refer House Bill 14-1047, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:	Hamner
		VOTE
	Exum	Yes
	Hamner	Yes
	Holbert	No
	Navarro	Yes
	Nordberg	Yes
	Rosenthal	Yes
	Ryden	Yes
	Szabo	No
	Wright	Yes
	Kraft-Tharp	Yes
	Williams	Yes

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

03:52 PM

The committee took a brief recess.

03:58 PM -- House Bill 14-1079

The committee came back to order. Representative Lee, sponsor, presented House Bill 14-1079, concerning an increase in the monetary amount allowed for the limited offering registration procedure under the "Colorado Securities Act." The bill increases the monetary amount allowed under the limited offering registration procedure in the Colorado Securities act to $5.0 million per year from $1.0 million per year.

04:01 PM -- Karl Dakin, representing himself, testified in support of the bill. Mr. Dakin distributed a handout to the committee on his statement (Attachment C). He stated that the bill addresses a gap in funding mechanisms.

140128 AttachC.pdf

04:04 PM -- David Lester, representing himself, testified in support of the bill. Mr. Lester discussed his background as an entrepreneur. He discussed the Colorado Securities Act and the difference between the spending power of $1 million in 1990 as compared to today.

04:07 PM

The sponsor responded to a question about the Securities Commissioner's position on the bill.


BILL:	HB14-1079
TIME:	04:08:52 PM
MOVED:	Holbert
MOTION:	Refer House Bill 14-1079 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Szabo
		VOTE
	Exum	Yes
	Hamner	Excused
	Holbert	Yes
	Navarro	Yes
	Nordberg	Yes
	Rosenthal	Yes
	Ryden	Yes
	Szabo	Yes
	Wright	Yes
	Kraft-Tharp	Yes
	Williams	Yes

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

04:10 PM

The committee adjourned.