Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON BUSINESS, LABOR AND TECHNOLOGY

Date:05/01/2006
ATTENDANCE
Time:01:37 PM to 03:44 PM
Boyd
*
Evans
X
Place:SCR 354
Kester
X
Takis
X
This Meeting was called to order by
Wiens
*
Senator Veiga
Tochtrop
*
Veiga
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1158
HB06-1388
HB06-1336
HB06-1390
HB06-1380
HB06-1388
SB06-239		Referred to Appropriations
Referred to the Committee of the Whole
Referred to Appropriations
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to Appropriations


01:37 PM -- House Bill 06-1158

Senator Tupa introduced his bill transferring responsibility for inspecting public schools and junior colleges for compliance with building and fire codes from the Division of Oil and Public Safety in the Department of Labor and Employment as well as the Division of Fire Safety.

01:41 PM -- Greg Wheeler, Colorado Chapter International Code Council, spoke in support of the legislation. He responded to questions from the committee regarding the degree of problem with schools being inadequately inspected.

01:45 PM -- Kevin Klein, Colorado Fire Chiefs Association, spoke in support of the legislation. Senator Tupa asked Mr. Klein to explain current policies for school inspections. Mr. Klein noted that currently architects and engineers are permitted to self-inspect their work and indicate whether the building is up to code. Mr. Klein responded to additional questions from the committee regarding the qualifications of the architects or engineers have with regard to building inspectors.

01:57 PM -- Rob Geislinger, Fire Marshall, Parker Fire District, spoke in support of the legislation. Senator Tupa responded to questions from Senator Evans regarding problems with inspection of higher education institution buildings.

02:05 PM -- Cheryl Humann, Jefferson County Public Schools, spoke in opposition to the legislation. She discussed the current process by which the school district inspects buildings as they are built.

02:11 PM -- Dick Piper, Colorado Department of Labor and Employment, spoke in opposition to the bill. He noted that the Governor's office also opposes bill.


02:20 PM

Senator Tupa responded to Mr. Piper's testimony.
BILL:HB06-1158
TIME: 02:20:52 PM
MOVED:Tochtrop
MOTION:Refer HB 1158 to the Committee on Appropriations. The motion passed 4-3.
SECONDED:
VOTE
Boyd
No
Evans
Yes
Kester
No
Takis
No
Wiens
Yes
Tochtrop
Yes
Veiga
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:21 PM -- House Bill 06-1388

Senator Sandoval introduced her bill authorizing the Department of Revenue to address alleged violations relating to motor vehicle dealers. She responded to questions from the committee regarding the problems with the current system. Senator Kester asked about the necessity or role of the auto dealers board if this legislation passes.
BILL:HB06-1388
TIME: 02:27:36 PM
MOVED:Tochtrop
MOTION:Refer HB 1388 to the Committee of the Whole. The motion failed 3-4.
SECONDED:
VOTE
Boyd
Yes
Evans
No
Kester
No
Takis
No
Wiens
No
Tochtrop
Yes
Veiga
Yes
Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1388
TIME: 02:28:29 PM
MOVED:Evans
MOTION:Postpone indefinitely HB 1388, reverse the previous roll call. The motion passed 4-3. The committee later reconsidered this motion during the meeting.
SECONDED:
VOTE
Boyd
No
Evans
Yes
Kester
Yes
Takis
Yes
Wiens
Yes
Tochtrop
No
Veiga
No
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:36 PM -- House Bill 06-1336

Senator Grossman introduced his bill establishing the Uniform Athlete Agents Act to create a set of uniform registration requirements across states.

02:39 PM -- Susan Miller, Department of Regulatory Agencies, spoke in opposition to the legislation. Ms. Miller indicated an opinion from the Attorney General's office that suggested that a sunrise review would be necessary.

02:40 PM -- Don Mielke, representing himself as a commissioner for uniform state laws, spoke in support of the legislation. He provided two handouts to the committee (Attachments A and B).


02:46 PM

Senator Grossman discussed a memo from the Office of Legislative Legal Services indicating that an additional sunrise review is unnecessary to make the changes in the bill.

02:47 PM -- Susan Miller returned to the table to discuss the proposed penalties of the legislation.

02:48 PM

Senator Grossman indicated his rational for including the criminal penalties in the bill.
BILL:HB06-1336
TIME: 02:49:15 PM
MOVED:Tochtrop
MOTION:Refer HB 1336 to the Committee on Appropriations. The motion passed 5-1-1.
SECONDED:
VOTE
Boyd
Yes
Evans
No
Kester
Yes
Takis
Yes
Wiens
Excused
Tochtrop
Yes
Veiga
Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:49 PM -- House Bill 06-1390

Senator Tochtrop introduced her bill concerning the transportation of mobile crane equipment as a nondivisible load. She responded to questions from the committee regarding the strike-below amendment that became the bill in the House.

02:53 PM -- Herman Stockinger, Colorado Department of Transportation, spoke in opposition to the legislation. He indicated the department's opposition is not strong. He responded to questions from the committee.

02:56 PM -- Barry McRann, Sterling Crane Company, spoke in support of the legislation. He discussed his experience as a crane company in the state.


03:00 PM

Senator Tochtrop made closing comments on the merits of the bill.
BILL:HB06-1390
TIME: 03:00:34 PM
MOVED:Tochtrop
MOTION:Refer HB 1390 to the Committee of the Whole. The motion passed 6-0-1.
SECONDED:
VOTE
Boyd
Yes
Evans
Yes
Kester
Yes
Takis
Yes
Wiens
Excused
Tochtrop
Yes
Veiga
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:02 PM -- House Bill 06-1380

Senator Veiga introduced her bill concerning the development of measures to reduce the theft of certain retail goods. She presented a brief video to the committee.

03:06 PM -- Chris Howes, Colorado Retail Council, spoke in support of the legislation.

03:07 PM -- Jonathan Mayes, Safeway Incorporated, spoke in support of the legislation. He discussed the experiences of his company with organized retail crime.

03:09 PM -- Charles Memmer, Target Corporation, spoke in support of the legislation.

03:13 PM -- Gary Looney, King Soopers/City Market, spoke in support of the legislation.


03:15 PM -- Mary Lou Chapman, Rocky Mountain Food Industry Association, spoke in support of the legislation. She noted that the problem of organized retail crime is not just a problem for large stores in large cities. She responded to comments from the committee regarding potential for changing the potency of a drug or infant formula.
BILL:HB06-1380
TIME: 03:19:43 PM
MOVED:Veiga
MOTION:Amend the reengrossed bill, page 5, line 17 strike "jointly", line 18, after "REPRESENTATIVES" insert "AND THE GOVERNOR". Page 6, line 8, strike "SHALL JOINTLY" and substitute "AND GOVERNOR SHALL". The motion passed without objection.
SECONDED:
VOTE
Boyd
Evans
Kester
Takis
Wiens
Tochtrop
Veiga
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1380
TIME: 03:21:19 PM
MOVED:Veiga
MOTION:Refer HB 1380 to the Committee of the Whole, as amended. The motion passed 5-0-2.
SECONDED:
VOTE
Boyd
Yes
Evans
Excused
Kester
Yes
Takis
Yes
Wiens
Excused
Tochtrop
Yes
Veiga
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



03:22 PM -- House Bill 06-1388
BILL:HB06-1388
TIME: 03:22:29 PM
MOVED:Takis
MOTION:Having voted on the prevailing side, Senator Takis moved to reconsider HB 1388. The motion to reconsider passed 6-0-1.
SECONDED:
VOTE
Boyd
Yes
Evans
Yes
Kester
Yes
Takis
Yes
Wiens
Excused
Tochtrop
Yes
Veiga
Yes
Not Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:24 PM -- Tim Jackson, Colorado Auto Dealers Association, came to the table to explain how the bill would work in conjunction with the auto dealers board. He explained the impetus of the bill that would also clarify the role of the dealer board.

03:26 PM -- Mike Feeley, Colorado Auto Dealers Association, discussed the need for the legislation. He and Mr. Jackson responded to questions from the committee.
BILL:HB06-1388
TIME: 03:28:37 PM
MOVED:Tochtrop
MOTION:Refer HB 1388 to the Committee of the Whole. The motion passed 5-1-1.
SECONDED:
VOTE
Boyd
Yes
Evans
Yes
Kester
Yes
Takis
No
Wiens
Excused
Tochtrop
Yes
Veiga
Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS




03:30 PM -- Senate Bill 06-239

Senator Johnson introduced his bill concerning the regulation of persons who provide for the final disposition of dead human bodies. He responded to questions from the committee regarding how the bill's requirements would compare with other states' requirements. Committee discussion ensued.

03:39 PM

The committee paused for Senator Johnson to hear the vote on his bill in another committee.

03:43 PM

The committee came back to order. Senator Johnson made final comments on the merits of the bill.
BILL:SB06-239
TIME: 03:43:34 PM
MOVED:Tochtrop
MOTION:Refer SB 239 to the Committee on Appropriations. The motion passed 6-0-1.
SECONDED:
VOTE
Boyd
Yes
Evans
Yes
Kester
Yes
Takis
Yes
Wiens
Excused
Tochtrop
Yes
Veiga
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:44 PM

The committee recessed.