House Committee on Business Affairs and Labor (05/04/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	05/04/2005	ATTENDANCE

Time:	12:00 PM to 02:31 PM	Balmer	X
		Borodkin	X
Place:	HCR 0107	Butcher	X
		Carroll M.	X
This Meeting was called to order by		Coleman	X
	Representative Marshall	Knoedler	X
		Liston	X
This Report was prepared by		Massey	X
	Todd Jorgensen	McCluskey	X
		Paccione	X
		White	X
		Cerbo	X
		Marshall	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-026 SB05-237 SB05-167 SB05-219 SB05-234 SB05-235 SB05-233		Referred to the Committee of the Whole Amended, Referred to Committee on Appropriations Tabled - Deemed Postponed Indefinitely Tabled - Deemed Postponed Indefinitely Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

12:02 PM -- Senate Bill 05-026

Representative Pommer presented SB05-026 which declares that the investigation of criminal securities violations is the primary responsibility of the Attorney General and the district attorneys in Colorado. A portion of the fees collected under the Colorado Securities Act is to be allocated to the Department of Law for investigation and prosecution costs. Representative Pommer responded to questions from the committee.

12:07 PM -- Tambor Williams, Director of the Department of Regulatory Agencies, testified in support of the bill. She testified that the bill clarifies the role of the various state agencies in investigating fraud occurring in the securities industry. Ms. Williams responded to questions from the committee.

12:10 PM

Representative Pommer made closing remarks.


BILL:	SB05-026
TIME:	12:11:01 PM
MOVED:	Paccione
MOTION:	Moved that SB05-026 be referred to the Committee of the Whole with a favorable recommendation. The motion passed 13-0.
SECONDED:	Marshall
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:13 PM -- Senate Bill 05-237

Representative Green presented the bill which creates the Healthy Business Healthy People 5-Year pilot program with the purpose of making standardized, low-cost health insurance available to qualifying small employers and individuals. Representative Green responded to questions from the committee.

12:33 PM -- Peg Brown, representing the Colorado Association of Health Plans, testified neither for nor against the bill, but rather Ms. Brown testified that she has concerns about the bill. These concerns are listed in a handout Ms. Brown provided to the committee (Attachment A). Ms. Brown also provided the committee with a comparison of the bill to a similar program in the state of New York (Attachment B). Ms. Brown responded to questions from the committee.

12:46 PM -- Vickie Agler, representing the National Federation of Independent Business, testified neither for nor against the bill, but rather Ms. Agler testified that she has concerns about the bill. Ms. Agler is most concerned about the inequity between those small businesses that qualify for the pilot program and those that do not. Another concern of hers is that the bill is not clear regarding its repeal after the pilot program is completed. Ms. Agler responded to questions from the committee.

12:58 PM -- Travis Berry, representing the Business Council on Health Care Competition, testified in support of the bill. Mr. Berry supports the bill because the program can be implemented within the existing state system, the program may encourage lower premiums, and eligibility for the program is broad-based.

01:02 PM -- Spencer Swalm, representing the Colorado Association of Health Underwriters, testified that he has questions about the bill. Mr. Swalm questions the timing of such a major proposal so late in the session and wants to know if an actuarial study has been done.


BILL:	SB05-237
TIME:	01:07:27 PM
MOVED:	Marshall
MOTION:	Moved amendment L.015 (Attachment C). Representative Green told the committee that L.015 prevents an employee from receiving coverage under the pilot program if they are already receiving Medicare. The amendment passed without objection.
SECONDED:	Paccione
		VOTE
	Balmer
	Borodkin
	Butcher
	Carroll M.
	Coleman
	Knoedler
	Liston
	Massey
	McCluskey
	Paccione
	White
	Cerbo
	Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB05-237
TIME:	01:10:02 PM
MOVED:	White
MOTION:	Moved to amend the reengrossed bill by striking the enacting clause. The motion failed 4-8, with 1 excused.
SECONDED:	Knoedler
		VOTE
	Balmer	Yes
	Borodkin	No
	Butcher	No
	Carroll M.	No
	Coleman	No
	Knoedler	Yes
	Liston	Excused
	Massey	No
	McCluskey	Yes
	Paccione	No
	White	Yes
	Cerbo	No
	Marshall	No
Not Final YES: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	SB05-237
TIME:	01:11:13 PM
MOVED:	Butcher
MOTION:	Moved that SB05-237, as amended by amendment L.015, be referred to the House Committee on Appropriations with a favorable recommendation. The motion passed 7-6.
SECONDED:	Marshall
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	No
	Liston	No
	Massey	No
	McCluskey	No
	Paccione	Yes
	White	No
	Cerbo	Yes
	Marshall	Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:15 PM -- Senate Bill 05-167

Representative Plant presented SB05-167 which requires the Department of Regulatory Agencies to conduct a sunrise review of licensing private security companies and officers. Representative Plant asked the committee to lay over the bill until May 12.


BILL:	SB05-167
TIME:	01:16:53 PM
MOVED:	Marshall
MOTION:	Moved that SB05-167 be laid over until May 12. The motion passed 13-0.
SECONDED:	Cerbo
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:17 PM -- Senate Bill 05-219

Representative Cerbo presented SB05-219 which proposes various regulations affecting crane operators. The bill requires certification for crane operators, sets fines for violations of the certification requirement and requires the Department of Regulatory Agencies to enforce the provisions of the bill.

01:19 PM -- Bruce Harrelson, representing the Department of Regulatory Agencies, testified in opposition to the bill. Mr. Harrelson testified that a sunrise review is currently underway for crane operators and will be complete in the fall of this year.


BILL:	SB05-219
TIME:	01:21:21 PM
MOVED:	White
MOTION:	Moved that SB05-219 be laid over until May 12. The motion passed 7-6.
SECONDED:	McCluskey
		VOTE
	Balmer	Yes
	Borodkin	No
	Butcher	No
	Carroll M.	No
	Coleman	No
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	No
	Marshall	No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:22 PM -- Senate Bill 05-234

Rep Cerbo presented the bill which eliminates the power of a county sheriff to revoke the appointment of a deputy sheriff at the sheriff's will.

01:26 PM -- Grayson Robinson, representing the County Sheriffs of Colorado, testified in opposition to the bill.

01:28 PM -- Doug Darr, Adams County Sheriff, testified in opposition to the bill. Mr. Darr responded to questions from the committee.

01:48 PM -- Dan Corsentino, Pueblo County Sheriff, testified in opposition to the bill.

01:56 PM -- Kelly Dunnaway, representing the Douglas County Attorney's Office, testified in opposition to the bill. Mr. Dunnaway responded to questions from the committee.

02:02 PM -- J.D. Cordova, representing the Colorado State Fraternal Order of Police, testified in support of the bill. Mr. Cordova testified that the deputies are not here to testify in support of the bill because of fear for being fired due to the current at-will status of their employment. He testified that most sheriff's value due process but some do not, and some deputies have been fired for such reasons as their political affiliation.

02:07 PM -- George Epp, representing the County Sheriffs of Colorado, testified in opposition to the bill. Mr. Epp testified that the current law has been in place for many years and has endured the test of time. He also believes that the bill, if passed, will encourage litigation.

02:10 PM -- Mike Prange, representing himself as a deputy sheriff and as a member of the Fraternal Order of Police, testified in support of the bill. Mr. Prine gave the committee a copy of a newspaper article regarding a deputy who lost his job for political reasons (Attachment D).

02:13 PM -- David Osborne, representing the Fraternal Order of Police, testified in support of the bill.

02:16 PM

Representative Cerbo made closing remarks.


BILL:	SB05-234
TIME:	02:17:18 PM
MOVED:	Cerbo
MOTION:	Moved that SB05-234 be referred to the Committee of the Whole with a favorable recommendation. The motion passed 7-5, with 1 excused.
SECONDED:	Coleman
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	No
	Liston	Excused
	Massey	No
	McCluskey	No
	Paccione	Yes
	White	No
	Cerbo	Yes
	Marshall	Yes
Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:21 PM -- Senate Bill 05-235

Representative Marshall presented the bill which clarifies that small employer health insurance carriers may offer coverage for employees' domestic partners and their dependents under a standard or basic health benefit plan.

02:22 PM -- Mari Newman, representing Equal Rights Colorado, testified in support of the bill.


BILL:	SB05-235
TIME:	02:22:15 PM
MOVED:	White
MOTION:	Moved that SB05-235 be referred to the Committee of the Whole with a favorable recommendation. The motion passed 10-1, with 2 excused.
SECONDED:	Paccione
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Excused
	Liston	Excused
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 10 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:28 PM -- Senate Bill 05-233

Representative McCluskey presented the bill which allows public entities, upon receiving voter approval for the issuance of proposed public securities, to enter into an interest rate exchange agreement (interest rate swap) to lock in an interest rate. Under current law, such entities are required to wait until a binding sale contract has been entered into, before they may enter into such an agreement.

02:28 PM -- Marla Lien, Acting General Counsel for RTD, testified in support of the bill. RTD's Fast Tracks project will benefit from this proposal.


BILL:	SB05-233
TIME:	02:30:57 PM
MOVED:	McCluskey
MOTION:	Moved that SB05-233 be referred to the Committee of the Whole with a favorable recommendation. The motion passed 7-0, with 6 excused.
SECONDED:	Paccione
		VOTE
	Balmer	Excused
	Borodkin	Excused
	Butcher	Yes
	Carroll M.	Excused
	Coleman	Yes
	Knoedler	Excused
	Liston	Excused
	Massey	Excused
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 7 NO: 0 EXC: 6 ABS: 0 FINAL ACTION: PASS

02:31 PM

The committee adjourned.