Date: 03/30/2015

Final
BILL SUMMARY for HB15-1065

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone House Bill 15-1065 indefinitely. The moti
Refer House Bill 15-1065 to the Committee on Appro		PASS
FAIL



01:39 PM -- HB15-1065

Representative DelGrosso, prime sponsor, presented House Bill 15-1065. Under current law, state agencies are generally authorized by the Administrative Procedures Act (APA) to initiate an enforcement action when an individual or business violates an administrative rule. This bill creates special enforcement provisions under the APA that apply to certain small businesses following a minor violation of an administrative rule. The bill also requires state agencies to develop fact sheets that will promote compliance with all new rules promulgated under the APA.

A minor violation occurs when a business of one hundred or fewer employees fails to adhere to the requirements of an administrative rule that has been in effect for less than one year. In addition, a minor violation involves only requirements that are minor in nature, such as recordkeeping, and does not include:

A state agency must issue a written warning for a first-time minor violation and perform outreach that informs the offending business how to comply with the new rule. The state agency must distribute its fact sheets to any business that violates a new rule, including both minor violations and other violations.

01:48 PM -- M.L. Richardson, representing the Jefferson County Business Lobby (JCBL), testified in support of HB 15-1065 and Senate Bill 15-180. Ms. Richardson spoke about the members of the JCBL. She discussed the small business with which she is employed and about the regulatory burden on that business and others like it. She spoke about efforts to lessen the burden on Colorado businesses. She supported the idea of educating business owners about new regulations before fines are levied, especially for regulations that do not affect safety or welfare. She continued to discuss the number of local, state, and federal regulations that affect Colorado businesses. Ms. Richardson responded to questions from the committee about examples of regulations that would be covered under the bill.

01:57 PM -- Phil Hayes, representing the Colorado AFL-CIO, testified in opposition to HB 15-1065 and SB 15-180. Mr. Hayes expressed concerns about the bill's definition of "minor violation" and the size of a covered business. He also suggested that the bill exempt the Department of Labor and Employment. He discussed the issue of accumulated fines. He commented that nothing in the bill requires a business to come into regulatory compliance after a warning. He responded to questions from the committee. He expressed his opinion that departments have discretion under current law to waive fines.

02:07 PM -- Elizabeth Bayer, representing Hispanic Contractors of Colorado and SJR Environmental Consulting, testified in support of HB 15-1065 and SB 15-180. Ms. Bayer spoke about the regulatory burden on her small business. She commented that she would appreciate an opportunity to be educated about new rules and regulations that are promulgated. She responded to questions from the committee.

02:14 PM -- Becky Long, representing Conservation Colorado, testified in opposition to HB 15-1065 and SB 15-180. Ms. Long shared the concerns expressed by Mr. Hayes. She supported the idea of providing more resources for businesses regarding new local, state, and federal regulations. She stated that the bill strips away the discretion state departments have to waive fines. She explained that minor violations may be indicative of a much larger problem.

02:18 PM -- Tony Gagliardi, representing the National Federation of Independent Business, testified in support of HB 15-1065 and SB 15-180. Mr. Gagliardi reiterated the testimony of prior witnesses with regard to the regulatory burden on small businesses. He responded to questions from the committee.

02:31 PM -- R.J. Hicks, representing Green Industries of Colorado, Independent Electrical Contractors, and the Colorado Motor Carriers Association, testified in support of HB 15-1065 and SB 15-180. Mr. Hicks spoke about the difficulties agencies face in trying to educate Colorado businesses, especially small businesses, about new rules and regulations. He discussed the issue of self-compliance and the costs associated with regulatory compliance. He responded to questions from the committee.

02:40 PM -- Joel Perri, representing Parking Authority, testified in support of HB 15-1065 and SB 15-180. Mr. Perri expressed his opinion that the bill is a bipartisan issue. He spoke about the adversarial nature of Colorado's regulatory scheme. He provided details of a regulatory violation he experienced and the interaction he wishes he could have had with the state following that violation. He discussed the regulatory burden on small businesses.

02:45 PM -- Jeff Wasden, representing the Colorado Business Round Table, testified in support of HB 15-1065 and SB 15-180. Mr. Wasden discussed the cost of owning and operating small businesses. He characterized the bill as not punitive or draconian, but helpful. He spoke about what impacts small businesses on a daily basis. He responded to questions from the committee.

02:50 PM -- Mizraim Cordero, representing the Colorado Competitive Council, testified in support of HB 15-1065 and SB 15-180. Mr. Cordero reiterated the testimony of Mr. Gagliardi.


02:53 PM

Representative DelGrosso wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1065
TIME: 02:55:56 PM
MOVED:Humphrey
MOTION:Refer House Bill 15-1065 to the Committee on Appropriations. The motion failed on a vote of 5-6.
SECONDED:Thurlow
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1065
TIME: 02:56:55 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1065 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS