Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR
Date:02/09/2005
ATTENDANCE
Time:09:34 AM to 12:07 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:
HB05-1114
HB05-1112
HB05-1018
HB05-1113
HB05-1101		Postponed Indefinitely
Postponed Indefinitely
Amended and Referred to the Committee of the Whole
Postponed Indefinitely
Amended and Referred to the Committee of the Whole


09:35 AM -- House Bill 05-1114

Representative Marshall told the committee that although at the February 7 meeting the committee discussed this bill and the idea of laying it over until May 12 at the sponsor's request, they did not act on the bill. Therefore, Representative Marshall put the bill back on the table for final action by the committee.
BILL:HB05-1114
TIME: 09:35:51 AM
MOVED:Marshall
MOTION:Moved to lay over HB05-1114 until May 12, 2005. The motion passed 12-1. [The bill is deemed to be postponed indefinitely.]
SECONDED:Coleman
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
No
Carroll M.
Yes
Coleman
Yes
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
Yes
White
Yes
Cerbo
Yes
Marshall
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


09:37 AM -- House Bill 05-1112

Representative M. Carroll presented the bill, which makes changes to how an employee's impairment rating is determined under the workers' compensation statute. Representative Carroll asked that the committee postpone the bill indefinitely.
BILL:HB05-1112
TIME: 09:37:43 AM
MOVED:White
MOTION:Moved that HB05-1112 be Postponed Indefinitely. The motion passed 13-0.
SECONDED:Carroll M.
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


09:38 AM -- House Bill 05-1018

Representative M. Carroll presented the bill which would allow injured employees to select their own medical professional. The bill was heard on January 31 and is up for action only today. Representative Carroll spoke to amendment L.006, a strike-below amendment (Attachment A). She handed out a side-by-side analysis that compared the original bill to the amendment (Attachment B). She also shared L.008 (Attachment C) that, according to Representative Carroll, corrects a drafting error in L.006. After that, she went over the provisions of L.006 with the committee.
BILL:HB05-1018
TIME: 09:44:59 AM
MOVED:Carroll M.
MOTION:Moved amendment L.006 (Attachment A). There was considerable discussion about the provisions of the new language. The amendment 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
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS




9:58 AM

Representative Coleman moved amendment L.007 (Attachment D). She withdrew her motion after discussion of the committee.
BILL:HB05-1018
TIME: 09:59:06 AM
MOVED:Carroll M.
MOTION:Moved amendment L.008 (Attachment C). The amendment passed without objection.
SECONDED:
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:HB05-1018
TIME: 10:01:18 AM
MOVED:White
MOTION:Move to amend L.006 on page 1, line 20 strike "TWENTY-FOURS" and substitute "TWENTY-FOUR HOURS". The motion passed without objection.
SECONDED:Marshall
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:HB05-1018
TIME: 10:05:57 AM
MOVED:Carroll M.
MOTION:Moved HB05-1018, as amended, be referred to the Committee of the Whole. The motion passed 7-6.
SECONDED:Coleman
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


10:11 AM -- House Bill 05-1113

Representative Marshall presented the bill to the committee. The bill establishes a limit of $120,000 for all claimants with a permanent partial disability and it excludes temporary disability payments from the limit.

10:15 AM -- John Berry, representing the Workers' Compensation Coalition, spoke in opposition to the bill. Mr. Berry distributed a handout that presents data from the National Council on Compensation Insurance, Inc. on Colorado's permanent partial average total cost per case and the state's indemnity permanent partial average cost per case (Attachment E). Mr. Berry responded to questions from the committee. Representative Marshall stated that it is time to change the payment cap since it has not been changed since 1991.


10:24 AM -- Steve Adams, representing the Colorado AFL-CIO, spoke in support of the bill. He testified that it is time that the rates are raised.

10:26 AM -- Kim Griffiths, representing Pinnacol Assurance, spoke in opposition to the bill. Ms. Griffiths testified that she agrees that it is time to increase the caps. However, she stated that few cases meet the $60,000 cap. If a case approaches the $120,000 cap, it would most likely be considered a permanent disability. Ms. Griffiths testified that Pinnacol has an issue with the bill as written since it allows unlimited temporary total disability payments. At the request of the committee, Ms. Griffiths clarified that temporary total disability is the wage that is replaced while someone is injured and unable to work. She clarified that permanent partial disability is the award for the disability that occurs at the end of the case. Ms. Griffiths responded to questions from the committee.

10:31 AM -- Beth Minahan, representing the Workers' Compensation Education Association, spoke in support of the bill. Ms. Minahan testified that there is no cap in current law on temporary total disability, but rather, it is limited only in combination with permanent partial disability. She testified that she sees high amounts of litigation under the current cap. Ms. Minahan responded to questions from the committee.




10:43 AM

Representative Cerbo asked for amendments.
BILL:HB05-1113
TIME: 10:45:01 AM
MOVED:Marshall
MOTION:Moved to amend the bill on page 2, line 10, to make the bill effective January 1, 2006. The motion passed without objection.
SECONDED:Borodkin
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:HB05-1113
TIME: 10:46:29 AM
MOVED:White
MOTION:Moved amendment L.001, and asked that it be severed so that severed section 1 consisted of page 1, lines 1 through 12, and section 2 consisted of page 1, lines 13 through 17. He moved section 1 (Attachment F). Severed section 1 failed 6-7. (Severed section 2 was not voted on.
SECONDED:McCluskey
VOTE
Balmer
Yes
Borodkin
No
Butcher
No
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
Yes
Cerbo
No
Marshall
No
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



10:51 AM

Representative Marshall made final remarks.
BILL:HB05-1113
TIME: 10:52:59 AM
MOVED:Marshall
MOTION:Moved that HB05-1113 be referred, as amended, to the House Committee on Appropriations. The motion failed 6-7.
SECONDED:Paccione
VOTE
Balmer
No
Borodkin
Yes
Butcher
No
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
Massey
No
McCluskey
No
Paccione
Yes
White
No
Cerbo
Yes
Marshall
Yes
Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB05-1113
TIME: 10:54:16 AM
MOVED:Knoedler
MOTION:Moved that HB05-1113 be Postponed Indefinitely. The motion passed 7-6.
SECONDED:Balmer
VOTE
Balmer
Yes
Borodkin
No
Butcher
Yes
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
Massey
Yes
McCluskey
Yes
Paccione
No
White
Yes
Cerbo
No
Marshall
No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:56 AM -- House Bill 05-1101

Representative McGihon presented the bill, which revises the statutory definition of "dependent" for the purposes of mandatory health care coverage to include an unmarried child under nineteen who is not an emancipated minor, and an unmarried child who is under 25 and whose legal residence is the same as the parent. Representative McGihon provided the committee with written testimony (Attachment G).

11:08 AM -- Gary Van der Ark, representing the Colorado Coalition for the Medically Underserved, spoke in support of the bill. Dr. Van der Ark responded to questions from the committee.

11:23 AM -- Travis Berry, representing the Business Council on Healthcare Competition, spoke in opposition to the bill. Mr. Berry testified that some estimate a three to five percent increase in health care premiums will result if this bill is passed. He feels this will have a substantial effect on employers already struggling to cover their employees under the current system.

11:28 AM -- Vanessa Hanemann, representing the Colorado Association of Health Plans, spoke in opposition to the bill. Ms. Hanemann answered questions from the committee.

11:35 AM -- Geoffrey Hier, representing the Department of Regulatory Agencies, spoke neither for nor against the bill. Mr. Hier's department interprets the law to be that small businesses, that is, those businesses with employees of one or more, would be subject to the provisions of this bill. Mr. Hier responded to questions from the committee.



11:39 AM -- Jerry McElroy, representing Kaiser Permanente, spoke in opposition to the bill and provided the committee with written testimony (Attachment H). Mr. McElroy answered questions from the committee.

11:48 AM -- Janet Fox Stephens, representing the Colorado Health and Hospitals Association, spoke in favor of the bill. Her association is concerned about finding ways to insure the uninsured.

11:49 AM -- Carrie Curtis, representing Colorado Consumer Health Initiative, spoke in favor of the bill. Ms. Curtis responded to questions from the committee.


11:53 AM

Representative Marshall opened the amendment phase of the hearing.
BILL:HB05-1101
TIME: 11:54:53 PM
MOVED:Cerbo
MOTION:Moved amendment L.001 (Attachment I). The amendment passed without objection.
SECONDED:Marshall
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:HB05-1101
TIME: 11:55:23 PM
MOVED:Paccione
MOTION:Moved to amend the bill on page 2, line 17 by striking "WHOSE LEGAL RESIDENCE IS THE SAME AS THE PARENT OR". The motion failed 3-9.
SECONDED:Marshall
VOTE
Balmer
Excused
Borodkin
No
Butcher
No
Carroll M.
No
Coleman
Yes
Knoedler
No
Liston
No
Massey
No
McCluskey
No
Paccione
Yes
White
No
Cerbo
No
Marshall
Yes
Not Final YES: 3 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB05-1101
TIME: 01:46:35 PM
MOVED:Carroll M.
MOTION:Moved that HB05-1101, as amended, be referred to the Committee of the Whole. The motion passed 7-5-1.
SECONDED:Coleman
VOTE
Balmer
Excused
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: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS


12:07 PM

The meeting adjourned.