Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:03/06/2006
ATTENDANCE
Time:01:38 PM to 05:29 PM
Balmer
X
Borodkin
X
Place:HCR 0107
Butcher
*
Carroll M.
*
This Meeting was called to order by
Coleman
X
Representative Marshall
Knoedler
X
Liston
*
This Report was prepared by
McCluskey
X
Christie Lee
Paccione
*
Penry
*
Welker
X
Cerbo
X
Marshall
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1158
HB06-1346
HB06-1348
HB06-1247
HB06-1314		Referred to Appropriations
Witness Testimony Only
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to State, Veterans, & Military Affairs


01:38 PM -- House Bill 06-1158

Representative Weissmann, prime sponsor, presented House Bill 1158 concerning school safety inspections. He explained that the bill was heard in the Education Committee on February 7 where it was referred to the Business Affairs and Labor Committee. Representative Weissmann explained that the bill would transfer responsibility for inspecting public schools and junior colleges from the Department of Labor and Employment to the Department of Public Safety. He gave some examples of building and fire code violations that have occurred under the current system. There was committee discussion about the $25 fee that would be assessed under the bill to cover the costs for administering the certification of inspectors of plan reviews and construction inspections by the Division of Fire Safety.

01:46 PM -- Jay Earl, representing the Thompson School District, testified in opposition to the bill. He stated that the bill is ambiguous. Mr. Earl talked about the fiscal impact the bill would have on the school district. He responded to committee questions. Mr. Earl expressed his concern that there would be unintended consequences if the bill passes. In response to a question from the committee, the sponsor explained that it is his intent to allow the school boards to remain involved.

01:59 PM -- Tom Burris, representing Montezuma and Cortez Schools, testified in opposition to the bill. He stated that he is concerned about consistency if the bill passes.

02:03 PM -- Rob Webber, representing Adams 12 Five Star Schools, testified on the bill. He stated he is unclear of what the intent of the bill is. Mr. Webber expressed his concerns with the bill, adding that he would like the inspections to stay at the state level.

02:06 PM -- Lauren Kingsbery, representing the Colorado Association of School Boards, testified. She suggested that the State's current process be looked at first before it is moved to another agency. Ms. Kingsbery responded to committee questions.

02:18 PM

There was committee discussion about whether the bill allows the school board to have local jurisdiction.

02:19 PM -- Kevin Klein, representing the Colorado Fire Chief's Association, testified in support of the bill. He stated the reason the bill is necessary is due to construction problems that have been found in some buildings around the state. Mr. Klein explained that the bill only relates to new construction, additions, and remodels, and that older buildings will not be effected. He was asked why the program needs to be changed if there are no complaints. Mr. Klein responded that building codes are not presently being followed and that the state inspectors are not certified. Mr. Klein said that under the bill, buildings will be checked on an annual basis, thus improving the quality of the inspections. There was committee discussion about improving the current system rather than transferring it to a new agency.

02:40 PM -- Rob Geislinger, representing the Fire Marshals Association of Colorado, testified in support of the bill. He distributed a handout that illustrates school construction issues (Attachment A). He explained that under the current system, plans are reviewed prior to construction for compliance with fire and building codes, but that does not ensure the plans are followed. Mr. Geislinger talked about some of the issues identified in the handout in detail.

02:44 PM -- Dick Piper, Division of Oil and Public Safety, Department of Labor and Employment, responded to previous testimony. He explained how the current system works and the various inspections that are performed to see if the fire and building codes are followed. Mr. Piper explained that the school districts are required to have a final inspection done by the Health Department, along with electric and plumbing inspections, to verify that the fire protection section of the code was followed. He stated that if the building does not pass that final inspection, the department will not issue a certificate of occupancy. Mr. Piper talked about the current fee that is charged and stated that it is less than $1,500 and that the current inspection process requires about 1.5 full time employees (FTE).

02:48 PM

There was committee discussion about the current qualifications and certifications the department inspectors who complete the inspections and plan reviews must possess. There were committee questions pertaining to the number of inspections performed last year, and whether the department would benefit from additional resources, such as additional FTE. Mr. Piper estimated that there were approximately 140 on-site inspections done last year.

02:56 PM -- Paul Cook, Director of the Division of Fire Safety, testified on the bill. He discussed the Division of Fire Safety's authority and responded to a question about how the division would undertake the new workload required with passage of this bill.

03:01 PM -- Jason VonWeller, representing the International Code Council, testified on the bill indicating that his organization was not taking a position, rather he wanted to discuss the issues involved in the bill. He urged the committee to consider which system would provide the greatest level of safety and protection to the children.

03:06 PM

Representative Weissmann concluded his remarks about the bill.
BILL:HB06-1158
TIME: 03:07:07 PM
MOVED:McCluskey
MOTION:Moved to refer House Bill 06-1158 to the Committee on appropriations. The motion passed on an 8-5 vote.
SECONDED:Coleman
VOTE
Balmer
Yes
Borodkin
No
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
No
Cerbo
Yes
Marshall
No
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




03:08 PM -- House Bill 06-1346

Representative McGihon, prime sponsor, presented House Bill 1346 and distributed a fact sheet about the bill (Attachment B). She stated that the bill would expand the current definition of a dependent to include a dependent's minor child if the dependent is financially dependent upon his or her parents, or has the same legal residence as the parents. She discussed amendment L.002 that would require the minor child to be financially dependent upon and have the same legal residence as the parent of the dependent (Attachment C).

03:14 PM -- Donnah Moody, representing the Colorado Association of Commerce and Industry, testified in opposition to the bill. She stated that the bill comes at a time when businesses are struggling to provide affordable health care to their employees.

03:15 PM -- Ralph Pollock, representing the Business Council for Health Care Competition with the Colorado Association of Commerce and Industry (CACI), testified in opposition to the bill. He distributed a handout (Attachment D). He stated that House Bill 1346 is a mandate that should have been sent to the Commission on Mandated Health Insurance Benefits where the bill's potential impact could be assessed. Mr. Pollock talked about the impacts of House Bill 05-1101 that was passed last session that expanded the definition of dependent to include an unmarried child who is not a full-time student that is financially dependent upon the parents, or lives at the same legal residence as his or her parents. He stated there is a lot of fraud and abuse with this type of legislation because financially dependent is not defined anywhere in statute. There was committee discussion about the increase in employer health care costs that could stem from the bill. Mr. Pollock was asked how many companies currently offer this type of coverage.

03:21 PM -- Michael Huotari, representing the Colorado Association of Health Plans, testified in opposition to the bill. He stated that under the current system, the employer chooses the dependent coverage. He responded to a committee question about a previous statement that children's health care costs are minimal.

03:26 PM -- Jerry McElroy, representing Kaiser Permanente, testified in opposition to the bill. He stated that currently Kaiser allows grandchildren to be added as a dependent at the discretion of the carrier with approval of the employee. However, Kaiser has different qualifications than those proposed in the bill. Mr. McElroy spoke about some of those differences.
BILL:HB06-1346
TIME: 03:33:20 PM
MOVED:Marshall
MOTION:Moved amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Balmer
Borodkin
Butcher
Carroll M.
Coleman
Knoedler
Liston
McCluskey
Paccione
Penry
Welker
Cerbo
Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



03:37 PM

The chair pulled the bill off the table in order for the mandate commission to review the bill.

03:39 PM -- House Bill 06-1348

Representative Stafford, prime sponsor, presented House Bill 1348. She explained that Colorado deregulated mortuary science professions in 1982 and that the bill would establish a new program to regulate the mortuary science profession within the Department of Public Health and Environment. The bill also establishes a sunset and review date of July 1, 2016. Representative Stafford distributed an article from the Rocky Mountain News entitled, "Ex-funeral director cites abuses" (Attachment E).

03:48 PM -- Martha Thayer, representing herself, testified in support of the bill. She talked about current funeral homes that are in violation of the requirement that all funeral homes who claim to be licensed and/or certified must display who they are licensed and/or certified by. Ms. Thayer explained that there is nowhere to report these violations nor any enforcement behind them. She also proposed a change in the bill to update the mortuary science exam provision to meet national standards.

03:51 PM -- Bruce Harrelson, representing the Department of Regulatory Agencies, testified in opposition of the bill. He explained that there would be a reduction in supply and an increase in costs if the bill passed. Mr. Harrelson talked about a sunrise review that was conducted in 2002 that did not recommend the profession be licensed. The report is available at: http://www.dora.state.co.us/opr/archive/2002FuneralServicePractitionersSunrise.pdf. Mr. Harrelson discussed the current procedure regarding enforcement for complaints. He stated that the Department of Health administratively responds to complaints and can currently give a cease and desist order. Also, under the mortuary science code, complaints can be given to the Attorney General's Office. Representative Stafford stated that currently there is no appropriate place for complaints to be handled. There was committee discussion about the sunrise review process and whether the regulation of mortuary science professions should have a sunrise review prior to being proposed.

04:08 PM -- Randy Goddard, representing himself, testified in support of the bill. He gave his personal account about when his mother was cremated and he was given the wrong remains. He stated there was no identifying disk that is regularly used, rather he was given buttons from jeans and a watch that his mother never had. Mr. Goddard stated that he would like to see this law pass so that this does not happen to anyone else.

04:13 PM -- Darin Barry, representing himself, testified in support of the bill. He explained how he became an embalmer with no prior experience or education. He talked about his experiences with various funeral directors he worked with and the violations he witnessed. He stated he reported numerous health violations to the Occupational Safety and Health Administration but it took them a long time to respond and in the meantime, the employees are in danger and being exposed. There was committee discussion about strengthening the current laws with enforcement rather than licensing and regulating an entire industry. Representative Stafford explained the fact that there are no teeth in the current system and that no agency enforces the current laws that are on the books.

04:34 PM -- Stephen Vessey, a funeral director from Fort Collins, testified in support of the bill. He stated the profession should be licensed as it is in other states. He responded to questions pertaining to his association and what authority it has under current law. He stated that in Colorado a high school graduate can become a funeral director and that there is nothing the association can do. There was a question from the committee about whether lawsuits have been filed against funeral homes.

04:39 PM -- Chuck Bowman, representing the Colorado Funeral Director's Association, testified in support of the bill. He stated that he is unaware of any way the laws can be enforced as currently written. He spoke of the benefits of regulating funeral industry and the lack of inspection for the facilities. There was committee discussion about the State Board of Mortuary Science and whether it had any authority when it existed. Mr. Bowman stated that they did and that the previous witnesses would have had recourse. Representative Stafford was asked her feelings on about resurrecting the State Board of Mortuary Science.

04:45 PM -- Elvin Caldwell, Jr., representing himself and Caldwell-Kiric Mortuary, testified in support of the bill. He responded to previous testimony and questions. He stated that mortuary science professions should at least have a minimal standard to be registered. He responded to committee questions pertaining to why the bill asks for licensure rather than registration. There was more discussion about bringing back the State Board of Mortuary Science.

04:54 PM -- Representative Stafford discussed a conceptual amendment that would address Ms. Thayer's previous concerns about the mortuary science exam. After some committee discussion Representative Stafford withdrew the amendment in order to work on the proper language and bring it on second reading. Representative Stafford gave some closing remarks on the bill and stated that Colorado is the only state that does not have regulation in this area.

BILL:HB06-1348
TIME: 05:00:33 PM
MOVED:Paccione
MOTION:Moved to refer House Bill 06-1348 to the Committee of the Whole. The motion passed 9-4.
SECONDED:McCluskey
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
No
Carroll M.
Yes
Coleman
No
Knoedler
No
Liston
Yes
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
No
Cerbo
Yes
Marshall
Yes
Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS




05:09 PM -- House Bill 06-1247

Representative Cerbo, prime sponsor, presented House Bill 1247, concerning the adoption of changes to the Uniform Commercial Code (UCC). Representative Cerbo explained that the bill came out of the National Conference of Commissioners on Uniform State Laws, a bi-partisan committee of which he is a member. He stated that the bill would update Article 1, that deals with general provisions of the UCC, and Article 7, that deals with documents of title. The update is necessary due to advancements in electronic technology. He discussed amendment L.001 (Attachment F). The amendment addresses an issue the Colorado Bankers Association had with the bill regarding choice of forum. There was committee discussion about the provision of the bill that deals with an option to accelerate at will.
BILL:HB06-1247
TIME: 05:22:30 PM
MOVED:Cerbo
MOTION:Moved amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:Paccione
VOTE
Balmer
Borodkin
Butcher
Carroll M.
Coleman
Knoedler
Liston
McCluskey
Paccione
Penry
Welker
Cerbo
Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1247
TIME: 05:23:51 PM
MOVED:Cerbo
MOTION:Moved to refer House Bill 06-1247, as amended, to the Committee of the Whole. The motion passed 12-0.
SECONDED:Paccione
VOTE
Balmer
Excused
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
Yes
Cerbo
Yes
Marshall
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




05:24 PM -- House Bill 06-1314

Representative Cerbo, prime sponsor, presented House Bill 1314, concerning a prohibition against certain employer communications to an employee. He explained that the bill creates a line between work and personal activities.
BILL:HB06-1314
TIME: 05:27:19 PM
MOVED:Paccione
MOTION:Moved to refer House Bill 06-1314 to the Committee of the Whole [see the following substitute motion].
SECONDED:
VOTE
Balmer
Borodkin
Butcher
Carroll M.
Coleman
Knoedler
Liston
McCluskey
Paccione
Penry
Welker
Cerbo
Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:HB06-1314
TIME: 05:27:30 PM
MOVED:Cerbo
MOTION:Moved a substitute motion to send the bill to the House State, Veterans, and Military Affairs Committee. The motion passed 7-6.
SECONDED:Carroll M.
VOTE
Balmer
No
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
McCluskey
No
Paccione
Yes
Penry
No
Welker
No
Cerbo
Yes
Marshall
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:29 PM

The committee adjourned.