House Committee on Business Affairs and Labor (01/23/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	01/23/2006	ATTENDANCE

Time:	02:01 PM to 03:07 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		McCluskey	*
	Christie Lee	Paccione	X
		Penry	X
		Welker	X
		Cerbo	X
		Marshall	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1038 HB06-1042		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

02:01 PM -- House Bill 06-1038

Representative Borodkin, prime sponsor, presented House Bill 06-1038. She explained that the bill places the requirements for any person or entity seeking a grant or loan from the Colorado Economic Development Fund into statute. Representative Borodkin discussed an amendment that would remove the requirement in the bill that an entity or person receiving the loan or grant from the fund must pay its employees at least one dollar per hour higher than the federal minimum wage. There was a discussion on the amendment. Representative Borodkin also explained an amendment that would add the requirement that the entity or person receiving the loan or grant from the fund must create one or more new jobs, and that the job must be maintained for at least one year. There was some discussion on that requirement.

02:16 PM

The committee asked for additional clarification on some portions of the bill and discussion on the amendments.


BILL:	HB06-1038
TIME:	02:20:15 PM
MOVED:	Borodkin
MOTION:	Moved amendment L.001 (Attachment A). The amendment was adopted 9-3.
SECONDED:	Coleman
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	No
	Liston	Yes
	McCluskey	Excused
	Paccione	Yes
	Penry	Yes
	Welker	No
	Cerbo	Yes
	Marshall	Yes
Not Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:21 PM -- There was some discussion about page 3, line 26 of the bill that references a 35-five hour work week rather than 40 hours. Nicole Hoffman, Office of Legislative Legal Services, explained why the 35-hour language was used.


BILL:	HB06-1038
TIME:	02:28:41 PM
MOVED:	Borodkin
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Coleman
		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:	HB06-1038
TIME:	02:29:16 PM
MOVED:	Borodkin
MOTION:	Refer House Bill 06-1038, as amended, to the Committee of the Whole. The motion passed 8-4.
SECONDED:	Coleman
		VOTE
	Balmer	No
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	No
	Liston	Yes
	McCluskey	Excused
	Paccione	Yes
	Penry	No
	Welker	No
	Cerbo	Yes
	Marshall	Yes
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:35 PM -- House Bill 06-1042

Representative Kerr, prime sponsor, explained that House Bill 06-1042 removes redundant and/or obsolete language from the Bank Electronic Funds Act. He distributed two handouts: a copy of Section 11-105-208, C.R.S. (Attachment C) and a letter of support from the Colorado Department of Regulatory Agencies (DORA) (Attachment D). Representative Kerr explained that the Act was created in 1977, and was originally aimed at ATMs, which at the time were considered branch banking and now are not. Representative Kerr stated that now the enabling provisions are redundant and the bill is needed to clean up the old statute and simplify it. There were questions and a discussion amongst the committee about the bill removing consumer protection provisions.

02:41 PM -- Richard Fulkerson, Colorado Division of Banking, DORA, testified in support of the bill. He stated that the intent of the bill is to remove obsolete provisions. He responded to the committee's questions regarding the sections of the bill that deal with consumer protection. He explained that the fees and charges in the bill are directed to banks charging other banks for using their facility and not the consumer. Mr. Fulkerson added that a significant portion of the Act was preempted about five years ago. Representative Carroll stated her concerns about removing the consumer protection portions of the Act such as the: district court's jurisdiction, the privacy law, fair and equitable charges, and the removal of the bank board's power. Mr. Fulkerson responded to Representative Carroll's concerns and there was some discussion on the powers of the bank board. When asked what the harm is in keeping the statute the way it is, Mr. Fulkerson replied that there is no harm, but the bill streamlines the banking code and makes it more understandable.

03:00 PM -- Don Childears, representing the Colorado Banking Association, testified in support of the bill. He explained that is was a housekeeping bill and addressed the committee's concerns on consumer protection.


BILL:	HB06-1042
TIME:	03:02:45 PM
MOVED:	Knoedler
MOTION:	Refer House Bill 06-1042 to the Committee of the Whole. The motion passed 10-3.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	No
	Coleman	No
	Knoedler	Yes
	Liston	Yes
	McCluskey	Yes
	Paccione	Yes
	Penry	Yes
	Welker	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:07 PM

The Committee Adjourned.