House Committee on Business Affairs and Labor (02/23/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	02/23/2005	ATTENDANCE

Time:	10:03 AM to 11:36 AM	Balmer	X
		Borodkin	X
Place:	HCR 0107	Butcher	X
		Carroll M.	*
This Meeting was called to order by		Coleman	X
	Representative Marshall	Knoedler	X
		Liston	X
This Report was prepared by		Massey	*
	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:
HB05-1267 HB05-1250 HB05-1288 HB05-1103 HB05-1221		Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Committee on Appropriations

10:04 AM -- House Bill 05-1267

Representative McCluskey presented the bill to the committee which makes changes to provisions concerning the Responsible Alcohol Beverage Vendor Program. Representative McCluskey asked the committee to postpone the bill indefinitely.


BILL:	HB05-1267
TIME:	10:07:35 AM
MOVED:	McCluskey
MOTION:	Moved that HB05-1267 be Postponed Indefinitely. The motion passed 10-0, with 2 excused.
SECONDED:	Coleman
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Excused
	McCluskey	Yes
	Paccione	Yes
	White	Excused
	Cerbo	Yes
	Marshall	Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:10 AM -- House Bill 05-1250

Representative Cloer presented the bill which retains beyond July 1, 2005, the requirement that automobile insurance medical payments coverage be primary to any health insurance coverage if a person is injured in an accident. Under current law, this provision is repealed on July 1, 2005. The bill also requires insurers to make certain notifications to consumers regarding medical payments coverage. The committee heard witness testimony on this bill on February 16. The committee is hearing the bill today for action only. Representative Paccione offered amendment L.004 (Attachment A).

10:20 AM

Christy Chase, Office of Legislative Legal Services, joined the committee to answer questions regarding the bill draft and amendment.


BILL:	HB05-1250
TIME:	10:21:17 AM
MOVED:	Paccione
MOTION:	Moved amendment L.004 (Attachment A). The amendment passed without objection.
SECONDED:	Marshall
		VOTE
	Balmer
	Borodkin
	Butcher
	Carroll M.
	Coleman
	Knoedler
	Liston
	Massey	Excused
	McCluskey
	Paccione
	White
	Cerbo
	Marshall
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1250
TIME:	10:26:40 AM
MOVED:	Paccione
MOTION:	Moved to amend the printed bill on page 3, line 14 by striking (b) and inserting "(II) If the insured is not covered by health insurance or other insurance,". The amendment failed on a 6-6 tie vote.
SECONDED:	Knoedler
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	No
	Coleman	No
	Knoedler	Yes
	Liston	No
	Massey	Excused
	McCluskey	No
	Paccione	Yes
	White	Yes
	Cerbo	No
	Marshall	Yes
Not Final YES: 6 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: TIE

10:38 AM

Representative Cloer made closing remarks.


BILL:	HB05-1250
TIME:	10:39:06 AM
MOVED:	Coleman
MOTION:	Moved that HB05-1250 be referred, as amended by amendment L.004, to the Committee of the Whole. The motion passed 11-1, with 1 excused.
SECONDED:	Paccione
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Excused
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:41 AM -- House Bill 05-1288

Representative Cloer presented the bill which specifies that on or after September 1, 2005, a person commits an unlawful telemarketing practice if the person knowingly makes a commercial telephone solicitation to a cellular telephone, regardless of whether the person is a commercial telephone seller. The bill also specifies that the caller would be liable to the owner of the cell phone for damages, court costs, attorney fees, and a penalty. Representative Cloer also presented amendment L.002 (Attachment B) which clarifies that it is unlawful to list without permission a cell phone number in a commercial directory and to use an electronic device to identify a cell phone number to make a commercial solicitation. The amendment also clarifies that the bill does not apply to a commercial solicitation that is in relation to a preexisting commercial relationship. Representative Cloer responded to questions from the committee.


BILL:	HB05-1288
TIME:	10:46:28 AM
MOVED:	Coleman
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Balmer
		VOTE
	Balmer
	Borodkin
	Butcher
	Carroll M.
	Coleman
	Knoedler
	Liston
	Massey	Excused
	McCluskey
	Paccione
	White
	Cerbo
	Marshall
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:50 AM

Representative Cloer made closing remarks.


BILL:	HB05-1288
TIME:	10:50:17 AM
MOVED:	Balmer
MOTION:	Moved that HB05-1288 be referred, as amended by amendment L.002, to the Committee of the Whole. The motion passed 12-0, 1 excused.
SECONDED:	Coleman
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Excused
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:55 AM -- House Bill 05-1103

Rep. McFadyen asked the committee to postpone HB05-1103 indefinitely. The bill sought to specify that a licensed electrician may supervise no more than one apprentice.


BILL:	HB05-1103
TIME:	10:55:47 AM
MOVED:	Balmer
MOTION:	Moved that HB05-1103 be Postponed Indefinitely. The motion passed 11-0, with 2 excused.
SECONDED:	Knoedler
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Excused
	McCluskey	Yes
	Paccione	Yes
	White	Excused
	Cerbo	Yes
	Marshall	Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:58 AM -- House Bill 05-1221

Representative Decker presented the bill which makes changes to the provisions governing license requirements for tobacco sellers. Representative Decker also provided written testimony (Attachment C). Representative Decker responded to questions from the committee.

11:10 AM

Ed DeCecco, from the Office of Legislative Legal Services, responded to questions from the committee regarding the bill draft.

11:13 AM -- Wilson Croom, representing the Colorado Association of Distributors, testified in support of the bill. Mr. Croom testified that this bill will help provide for fair competition in the tobacco market in Colorado. Mr. Croom responded to questions from the committee.

11:26 AM

Representative Decker presented amendment L.001 (Attachment D). The amendment makes several drafting clarifications to the bill and changes the accreditation of license fees from the General Fund to the Wholesale and Distributing Subcontractor License Fund, created by the amendment in the State Treasury.


BILL:	HB05-1221
TIME:	11:28:53 AM
MOVED:	Coleman
MOTION:	Moved amendment L.001 (Attachment D). The amendment passed without objection.
SECONDED:	McCluskey
		VOTE
	Balmer
	Borodkin
	Butcher
	Carroll M.
	Coleman
	Knoedler
	Liston
	Massey	Excused
	McCluskey
	Paccione
	White
	Cerbo
	Marshall
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1221
TIME:	11:31:18 AM
MOVED:	Coleman
MOTION:	Moved that HB05-1221 be referred, as amended by amendment L.001, to the House Committee on Appropriations. The motion passed 11-2.
SECONDED:	Butcher
		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
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS