House Committee on Business Affairs and Labor (03/09/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	03/09/2005	ATTENDANCE

Time:	12:27 PM to 01:57 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	*
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:
SB05-072 SB05-070 SB05-145 SB05-146		Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Witness Testimony Only

12:28 PM -- Senate Bill 05-072

Representative Marshall announced that SB05-072 is back on the table for discussion by the committee. The committee had taken witness testimony only on March 7. Today, the bill is on the table for action only. The bill allows health insurance carriers to offer small group policies to include a premium discount of up to 10 percent for individuals who have maintained a healthy weight for more than 12 consecutive months. It requires the Insurance Commissioner to adopt rules establishing standards for healthy weight based on age and height. Representative Witwer responded to questions from the committee. Representative Witwer responded to questions from the committee. Some committee members expressed concerns that, while the bill's intention to promote health is commendable, members are concerned that the bill may indirectly create incentives for discrimination against overweight employees.


BILL:	SB05-072
TIME:	12:31:04 PM
MOVED:	McCluskey
MOTION:	Moved to refer SB05-072 to the Committee of the Whole. 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


BILL:	SB05-072
TIME:	12:39:15 PM
MOVED:	Coleman
MOTION:	Moved that SB05-072 be Postponed Indefinitely. The motion passed 8-5.
SECONDED:	Paccione
		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

12:40 PM -- Senate Bill 05-070

Representative Marshall announced that the bill is back on the table for discussion by the committee. The committee had taken witness testimony only on March 7. Today, the bill is on the table for action only. The bill prohibits an automobile insurer from determining rates or coverage based on the consumer's failure to maintain coverage when the consumer was on active duty in the United States military. Representative Paccione presented amendment L.005 (Attachment A) which adds sickness and accident insurance policy coverage to the bill. Under L.005, an insurer is prohibited from restricting benefits or increasing premiums for a person who is deployed by or called to active duty in the United States military and the person's sickness and accident insurance policy lapses during deployment or activation. Representative Paccione responded to questions from the committee.


BILL:	SB05-070
TIME:	12:46:05 PM
MOVED:	Paccione
MOTION:	Moved amendment L.005 (Attachment A). The amendment passed without objection.
SECONDED:	Coleman
		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

12:47 PM

Representative Paccione presented L.004 (Attachment B) to the committee. L.004 amends the reengrossed bill on page 2, line 6 by striking the words "reduce or cancel insurance coverage;". Representative Paccione responded to questions from the committee. Representative M. Carroll expressed concerns with L.004 and offered a substitute amendment. Representative Paccione withdrew L.004 and moved Representative M. Carroll's amendment.


BILL:	SB05-070
TIME:	12:57:45 PM
MOVED:	Paccione
MOTION:	Moved Representative M. Carroll's amendment to amend the reengrossed bill on page 2, line 6 by inserting after the word "coverage" the words "except for nonpayment". The motion passed 11-2.
SECONDED:	Carroll M.
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	Yes
	Coleman	No
	Knoedler	Yes
	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:	SB05-070
TIME:	12:58:54 PM
MOVED:	Paccione
MOTION:	Moved to refer SB05-070, as amended by amendment L.005 and the M. Carroll amendment, to the Committee of the Whole. The motion passed 13-0.
SECONDED:	Coleman
		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

12:59 PM -- Senate Bill 05-145

Representative Paccione presented the bill which continues the regulation of accountants through July 1, 2010 and makes various changes to the regulation of accountants. Representative Paccione responded to questions from the committee.

01:02 PM -- Matthew Azer, representing the Board of Accountancy, Division of Registrations, Department of Regulatory Agencies, testified in favor of the bill. Mr. Azer also testified in support of amendment L.001 (Attachment C). L.001 adds language that makes meetings of the Board of Accountancy regarding complaint investigations closed to the public, to be consistent with the provision already in statute that requires that results of complaint investigations are closed to public inspection.

01:09 PM -- Robert Ferm, representing the Colorado Society of Certified Public Accountants, testified in support of the bill and amendment L.001.

01:12 PM -- Matthew Azer, came back to the committee to respond to questions from the committee.


BILL:	SB05-145
TIME:	01:15:13 PM
MOVED:	Paccione
MOTION:	Moved amendment L.001 (Attachment C). The amendment passed 10-3.
SECONDED:	Coleman
		VOTE
	Balmer	Yes
	Borodkin	No
	Butcher	No
	Carroll M.	No
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB05-145
TIME:	01:18:25 PM
MOVED:	Paccione
MOTION:	Moved to refer SB05-145, as amended by L.001, to the Committee of the Whole. The motion passed 12-1.
SECONDED:	McCluskey
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	No
	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

01:20 PM -- Senate Bill 05-146

Representative White presented the bill, which continues the regulation of barbers, hairstylists, cosmetologists, cosmeticians, and manicurists until July 1, 2015, and makes various changes to the regulation of these professions. Representative White responded to questions from the committee.

01:26 PM -- Brian Tobias, representing the Department of Regulatory Agencies, testified in opposition to the bill. Mr. Tobias testified that not all of the departments recommendations are in bill. In particular, the department wishes to eliminate the practical exam. Mr. Tobias testified in support of amendments L.009 (Attachment D), L.010 (Attachment E), L.013 (Attachment F) and L.015 (Attachment G).

01:34 PM -- Kevin Heupel, representing the Department of Regulatory Affairs, testified in opposition to the bill.

01:43 PM -- Brett Reynolds, representing the Barber Service Center, testified in support of the bill and in opposition to amendment L.009. Mr. Reynolds testified that it is important to keep the registration of place of business that would be eliminated if amendment L.009 passes.

01:46 PM -- Darla Bales, representing herself as a cosmetologist, testified in support of the bill. Ms. Bales testified that it is important to keep the practical exam for health and safety purposes. Ms. Bale responded to questions from the committee.

01:50 PM -- JoDee Ramstetter, representing the National Cosmetology Association of Colorado, testified in support of the bill and, in particular, with keeping the practical exam.

01:51 PM -- Nancy Lease, representing the Colorado Beauty Federation, testified in support of the bill. Ms. Lease testified that it is important to keep the advisory committee in order to provide fair representation of the profession. Ms. Lease testified that she does support amendments L.010 and L.013. Ms. Lease does not support amendments L.009 and L.015. Ms. Lease responded to questions from the committee.

01:52 AM

Representative Marshall closed witness testimony and took SB05-146 off the table. The committee will take action on the bill at another time. The committee adjourned.