House Committee on Business Affairs and Labor (04/25/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	04/25/2005	ATTENDANCE

Time:	02:10 PM to 05:42 PM	Balmer	X
		Borodkin	*
Place:	HCR 0107	Butcher	*
		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	*
		Paccione	*
		White	X
		Cerbo	X
		Marshall	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-107 HB05-1301 SB05-021 HB05-1274		Amended, Referred to Committee on Appropriations Postponed Indefinitely Amended, Referred to the Committee of the Whole Tabled - Deemed Postponed Indefinitely

02:11 PM -- Senate Bill 05-107

Representative Jahn presented SB05-107 to the committee. The bill proposes to regulate activities involving agreements to assign, transfer, sell, or bequest the death benefit or ownership of a life insurance policy in exchange for compensation less than the expected death benefit. The bill adopts the National Association of Insurance Commissioners (NAIC) model legislation. Representative Jahn responded to questions from the committee.

02:21 PM -- Margy Christiansen, representing the Colorado Association of Insurance and Financial Advisors, testified in opposition to the bill. Ms. Christiansen testified that her organization supports the NAIC model legislation but does not support the provisions of the bill that are different. Ms. Christiansen stated that her organization feels that viatical settlement brokers should be licensed under one specific license rather than dually licensed as a securities broker and an insurance agent. Ms. Christiansen responded to questions from the committee.

02:59 PM -- Michael Freedman, representing the Life Settlement Institute, testified in favor of the bill. Mr. Freedman's organization represents viatical providers. Mr. Freedman explained that life insurance policy holders' needs change over time. Viatical settlements provide for the option of an accelerated benefit. Mr. Freedman stated that he wished to clarify that the NAIC model simply requires a license and that an insurance broker's license is sufficient. Mr. Freedman responded to questions from the committee.

03:17 PM -- Jim Hall, representing the American Council of Life Insurers, testified in favor of the bill if it is amended by L.005 (Attachment A). The intent of the amendment is to clarify liability in the relationship between a life insurance producer and the viatical settlement provider.

03:21 PM -- Julie Hoerner, representing the Division of Insurance, testified in favor of the bill. Ms. Hoerner testified that the bill provides necessary regulation of the industry. Ms. Hoerner addressed the single license issue by stating that the division prefers single licensure for ease of administration.

03:32 PM -- Representative Borodkin moved amendment L.005 (Attachment A), and the motion was seconded by Representative Coleman. Representatives Borodkin and Coleman withdrew the amendment in favor of an amendment proposed by Representative M. Carroll.


BILL:	SB05-107
TIME:	03:35:50 PM
MOVED:	Carroll M.
MOTION:	Moved the M. Carroll amendment which amends the reengrossed bill on page 13, line 23, by striking "may" and substituting "shall" and on line 25 after the word "finds" insert "after compliance with subsection (3) of this section". The amendment passed 11-2.
SECONDED:	Paccione
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	No
	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:	SB05-107
TIME:	03:41:37 PM
MOVED:	Marshall
MOTION:	Moved that SB05-107 be referred, as amended, to the House Committee on Appropriations with a favorable recommendation. The motion passed 8-5.
SECONDED:	Borodkin
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	No
	Liston	No
	Massey	No
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	No
	Marshall	Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:50 PM -- House Bill 05-1301

Representative Jahn asked the committee to lay over HB05-1301 until May 12. Representative White stated that he would like to make a substitute motion to postpone the bill indefinitely.


BILL:	HB05-1301
TIME:	03:52:18 PM
MOVED:	White
MOTION:	Moved to Postpone HB05-1301 Indefinitely. The motion passed 9-4.
SECONDED:	Coleman
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	No
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	No
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:54 PM -- Senate Bill 05-021

Representative T. Carroll presented HB05-021, which allows an employee of any company that employs at least ten people to take unpaid leave for the purpose of attending parent-teacher conferences and other school activities related to the educational advancement of the employee's child. Representative Carroll responded to questions from the committee.

04:12 PM -- Heidi Heltzel, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill. Ms. Heltzel testified that the government should not impart mandates on the relationship between employers and employees. Representative Carroll responded that the government already has established mandates on this relationship.

04:23 PM -- Vickie Agler, representing the National Federation of Independent Business, testified in opposition to the bill. Ms. Agler testified that the bill is a solution looking for a problem. The problem her organization has with the bill is that there may be specific times or days when an employer cannot allow an employee to take the time off.

04:30 PM -- Janet Fox Stephens, representing the Colorado Health and Hospital Association, testified in opposition to the bill. Ms. Fox Stephens testified that hospitals employ staff that need to be present at the hospital at specific times. She testified that the potential amendments make the bill more attractive to her organization.

04:33 PM -- Ray Clifton, representing the Colorado Rural Electric Association, testified neither for nor against the bill but rather he testified that he is concerned about the bill in its original draft version. He stated that the amendments make the bill more favorable.

04:42 PM -- Ryan Wulff, representing the Colorado Education Association, testified in support of the bill. Mr. Wolf stated that a poll conducted by his organization indicates strong parental support for parental leave for school activities.

04:46 PM -- David Dawson, representing PRO Group Inc., testified in support of the bill. Mr. Dawson's employer supports parental leave for school activities.

04:51 PM -- Anita Gallegos-Theriot, Principal at Southmoor Elementary School, testified in support of the bill. Ms. Gallegos-Theriot responded to questions from the committee.

04:56 PM -- Alec Sarche, a student at Southmoor Elementary School, testified in support of the bill. Mr. Sarche testified that the bill will help parents to know their children better.

04:57 PM -- Anna Gonzales, a student at Southmoor Elementary School, testified in support of the bill. Ms. Gonzales testified that without the bill, parents could miss important events in their children's lives.

04:59 PM -- Eliza Cummings, representing herself as an elementary school student, testified in support of the bill. Ms. Cummings believes that children need their parents' support. Ms. Cummings testified that employees will be more efficient if the bill is passed.

05:01 PM -- Janie Johnson-Cao, representing herself as a parent and a teacher at Denver Public Schools, testified in support of the bill.

05:05 PM -- Alyssa Cao, a student at Thomas Jefferson High School, testified in support of the bill.

05:07 PM -- Kathryn Hammerbeck, representing the Colorado Child Care Association, testified in support of the bill but is concerned regarding her members' needs to have employees present at work to meet child-staff ratios as required for state licensing. Ms. Hammerbeck responded to questions from the committee.

05:12 PM -- Linda Meric, representing Nine to Five National Association of Working Women, testified in support of the bill. Ms. Meric provided the committee with copies of written testimony (Attachment B).


BILL:	SB05-021
TIME:	05:22:07 PM
MOVED:	Paccione
MOTION:	Moved amendment L.006 (Attachment C). Amendment L.006 makes various changes to the reengrossed bill as a compromise with business interests. 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:	SB05-021
TIME:	05:22:46 PM
MOVED:	Paccione
MOTION:	Moved amendment L.008 (Attachment D). Amendment L.008 makes the reengrossed bill consistent with the federal Family Medical Leave Act by making the legislation applicable to companies with 50 employees or more. The motion passed 10-3.
SECONDED:	Marshall
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	No
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	No
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB05-021
TIME:	05:28:41 PM
MOVED:	Coleman
MOTION:	Moved amendment L.007 (Attachment E). Amendment L.007 exempts from the law those employers that already have an equal written policy regarding parental leave for school activities. The motion 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

05:30 PM

Representative Carroll made closing remarks.


BILL:	SB05-021
TIME:	05:32:03 PM
MOVED:	Paccione
MOTION:	Moved that SB05-021 be referred, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed 10-3.
SECONDED:	Marshall
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	No
	Paccione	Yes
	White	No
	Cerbo	Yes
	Marshall	Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:39 PM -- House Bill 05-1274

Representative White asked the committee to lay over HB05-1274 until June 27.


BILL:	HB05-1274
TIME:	05:39:54 PM
MOVED:	White
MOTION:	Moved to lay over HB05-1274 until June 27. 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

05:42 PM

The committee adjourned.