Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
BUSINESS AFFAIRS AND LABOR
Date:
03/16/2005
ATTENDANCE
Time:
09:59 AM
to
12:00 PM
Balmer
*
Borodkin
*
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
*
White
X
Cerbo
X
Marshall
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
SB05-058
SB05-134
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
10:01 AM -- Senate Bill 05-058
Representative Penry presented SB05-058. Current law allows only hotel or restaurant licensees to permit its customers to reseal and remove one partially consumed bottle of wine purchased on the premises. The bill expands current law to allow other types of retail liquor licensees to allow customers to remove the wine. Representative Penry responded to questions from the committee.
10:05 AM --
Matt Cook, representing State Liquor Enforcement in the Department of Revenue, responded to questions from the committee regarding types of liquor licenses available under current law.
10:15 AM --
Pete Meersman, representing the Colorado Restaurant Association, testified in favor of the bill. Mr. Meersman testified that the bill addresses a public safety issue. That is, under the bill, consumers of wine in restaurants that serve wine but do not have a hotel and restaurant license would not feel the need to finish a whole bottle of wine before driving home. Rather, they would be able to "cork and go." Mr. Meersman responded to questions from the committee.
10:21 AM
Mr. Cook returned to respond to more questions regarding liquor licenses in Colorado. Specifically Mr. Cook commented on the level of difficulty for a restaurant to gain another type of license for the same location.
BILL:
SB05-058
TIME:
10:23:46 AM
MOVED:
Massey
MOTION:
Moved amendment L.002 (Attachment A). L.002 is a technical amendment to make the bill consistent with another provision of statute regarding gaming licenses. The amendment passed 9-4.
SECONDED:
Knoedler
VOTE
Balmer
Yes
Borodkin
No
Butcher
Yes
Carroll M.
Yes
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
Yes
Cerbo
No
Marshall
Yes
Not Final YES:
9
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
10:28 AM
Representative Penry made closing comments.
BILL:
SB05-058
TIME:
10:28:21 AM
MOVED:
Balmer
MOTION:
Moved SB05-058, as amended by L.002, to the Committee of the Whole with a favorable recommendation. The motion passed 9-4.
SECONDED:
McCluskey
VOTE
Balmer
Yes
Borodkin
No
Butcher
Yes
Carroll M.
Yes
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
Yes
Cerbo
No
Marshall
Yes
Final YES:
9
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
10:34 AM -- Senate Bill 05-134
Representative Coleman presented SB05-134. The bill makes various modifications in current law to the procedures governing workers' compensation administrative hearings. The intent of the bill is to save the time and money that is involved with an expert witness waiting for long durations to testify in a case.
10:40 AM --
Dave Carroll, representing the Colorado Self-Insurer's Association, testified in opposition to the bill and provided the committee with written testimony (Attachment B). Mr. Carroll testified that he believes the proposed changes will interfere with the presentation of evidence, and therefore, will interfere with due process. Mr. Carroll testified that these changes would have an adverse impact on the respondent in a case. Mr. Carroll responded to questions from the committee.
10:58 AM --
Fred Ritsema, representing the Colorado Self-Insurer's Association, testified in opposition to the bill. Mr. Ritsema testified that the current system works. Mr. Ritsema responded to questions from the committee.
11:18 AM
-- Robert Erickson, representing Pinnacol Assurance, testified in opposition to the bill. Mr. Erickson testified that the bill will not accomplish the objectives that it intends to address. In particular, Mr. Erickson does not believe that it will reduce costs. He believes that there will be more pre-hearing conferences and more and lengthier depositions if the bill passes.
11:22 AM --
Doug Phillips, representing himself as a claimant attorney, testified in support of the bill. Mr. Phillips testified that the current system of administrative hearings promotes increased costs. Mr. Phillips responded to questions from the committee.
11:33 AM --
Bill Macdonald, representing himself as a claimant attorney, testified in support of the bill.
BILL:
SB05-134
TIME:
11:37:58 AM
MOVED:
Coleman
MOTION:
Moved amendment L.003 (Attachment C). L.003 clarifies that an expert witness will be reimbursed according to the fee schedule provided in statute. The amendment passed 11-2.
SECONDED:
Marshall
VOTE
Balmer
No
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
Yes
White
Yes
Cerbo
Yes
Marshall
Yes
Not Final YES:
11
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-134
TIME:
11:40:38 AM
MOVED:
McCluskey
MOTION:
Moved amendment L.004 (Attachment D) as a substitute amendment for L.003. L.004 clarifies that the parties have the right to discovery of deposition of the claimant prior to the deposition of any expert. The motion failed 5-8.
SECONDED:
Massey
VOTE
Balmer
Yes
Borodkin
No
Butcher
No
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
No
Cerbo
No
Marshall
No
Not Final YES:
5
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
11:47 AM
Representative Coleman made closing remarks.
BILL:
SB05-134
TIME:
11:47:38 AM
MOVED:
Coleman
MOTION:
Moved that SB05-134 be referred, as amended by L.003, to the Committee of the Whole with a favorable recommendation. The motion passed 8-5.
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
Yes
Cerbo
Yes
Marshall
Yes
Final YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS