House Committee on Business Affairs and Labor (04/05/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	04/05/2006	ATTENDANCE

Time:	11:54 AM to 01:26 PM	Balmer	X
		Borodkin	*
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	*
		Cerbo	X
		Marshall	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-002 HB06-1383 SB06-120		Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

11:54 AM -- Senate Bill 06-002

Representative Pommer, prime sponsor, presented Senate Bill 06-002. The bill would require contracts for the purchase and sale of property to indicate whether the property has ever been used as a methamphetamine laboratory. Representative Pommer responded to questions about the current remedies consumers have if they mistakenly buy a home that was previously used as a methamphetamine lab.

11:57 AM -- Kathy Saidy, representing the Colorado Association of Realtors, testified in opposition to the bill. She stated that the bill is unnecessary because listing contracts already state that the seller must disclose any harmful materials. Additionally, the sellers property disclosure includes a property disclosure of known existing or existed hazards within the home. Representative Pommer explained that consumers still continue to purchased properties that were previously used as a methamphetamine labs because some sellers may view the property as uncontaminated and thus fail to disclose it even though it was used as a methamphetamine lab. There was discussion about the hazardous remains of methamphetamine labs.

12:07 PM -- Carol Richmond, representing herself, spoke in opposition to the bill. She stated that there are already existing protections for buyers as Ms. Saidy previously stated. Additionally, inspectors would likely see whether a methamphetamine lab existed in a property and advise the buyer anyway.

12:13 PM

There was discussion about an amendment to require the hygienist, paid for by the buyer, to give the methamphetamine lab report to the buyer who would then provide the report to the seller, rather than the report going directly to the seller.

12:17 PM -- Peg Ackerman, representing the County Sheriff's of Colorado, testified in support of the bill. She stated the bill would protect buyers that purchase property.

12:18 PM -- Joan Green, representing the Industrial Hygienists, testified in support of the bill with the amendment proposed by Representative Pommer.

12:20 PM -- Bruce Atchison, representing the Colorado Children's Campaign, testified in support of the bill.


BILL:	SB06-002
TIME:	12:23:48 PM
MOVED:	Cerbo
MOTION:	Moved amendment L.006 (Attachment A). The motion was withdrawn.
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: Withdrawn


BILL:	SB06-002
TIME:	12:26:35 PM
MOVED:	Cerbo
MOTION:	Moved amendment L.007 (Attachment B). 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:	SB06-002
TIME:	12:27:07 PM
MOVED:	Cerbo
MOTION:	Moved amendment L.009 (Attachment C). 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:	SB06-002
TIME:	12:28:26 PM
MOVED:	Cerbo
MOTION:	Move to add the term mobile home to page 4, line 19 of the bill. The amendment was withdrawn due to concerns that a mobile home is defined as a vehicle rather than residential real property.
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: Withdrawn


BILL:	SB06-002
TIME:	12:31:00 PM
MOVED:	Balmer
MOTION:	Moved amendment L.010 (Attachment D). The motion passed without objection.
SECONDED:	Liston
		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:	SB06-002
TIME:	12:40:46 PM
MOVED:	Marshall
MOTION:	Moved to refer Senate Bill 06-002, as amended, 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
	McCluskey	Yes
	Paccione	Yes
	Penry	Yes
	Welker	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:42 PM -- House Bill 06-1383

Representative Jahn, prime sponsor, presented House Bill 06-1383. The bill would establish the "Market Conduct Surveillance Act" and procedures for the commissioner of insurance to perform market conduct examinations of insurance companies doing business in this state to identify, asses, prioritize, and remedy market conduct problems that have a substantial adverse impact on the market.

12:45 PM -- Julie Hoerner, representing the Department of Regulatory Agencies, and Carol O'Bryan, Division of Insurance, testified in support of the bill. There was discussion about the confidentiality provisions in the bill. Ms. Hoerner explained why each of the confidentiality provisions are in the bill. She stated that the purpose of the bill is to create consistency.

12:58 PM

Ms. Hoerner explained why it is necessary to pass this legislation. There was committee discussion about domestic deference.

01:03 PM -- Jerry McDermott, representing the Colorado Trial Lawyers Association, testified in support of the bill. He stated that the association's concerns have been removed from the bill, but they still have some concerns about some ambiguous language that he hopes to work on with the sponsor through the process. Representative Carroll asked if the bill would be necessary if the federal government was not threatening preemptive legislation as it is now.

01:12 PM

Julie Hoerner returned to the table to explain amendment L.001 (Attachment E) and L.004 (Attachment F).


BILL:	HB06-1383
TIME:	01:12:53 PM
MOVED:	Marshall
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	McCluskey
		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:	HB06-1383
TIME:	01:13:07 PM
MOVED:	Marshall
MOTION:	Moved amendment L.004 (Attachment F). 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:	HB06-1383
TIME:	01:13:32 PM
MOVED:	McCluskey
MOTION:	Moved to refer House Bill 06-1383, as amended, to the Committee of the Whole. The motion passed 10-2.
SECONDED:	Paccione
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	No
	Carroll M.	No
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	McCluskey	Yes
	Paccione	Yes
	Penry	Yes
	Welker	Absent
	Cerbo	Yes
	Marshall	Yes
Final YES: 10 NO: 2 EXC: 0 ABS: 1 FINAL ACTION: PASS

01:15 PM -- Senate Bill 06-120

Representative Hefley, prime sponsor, presented Senate Bill 06-120. The bill would require state agencies, prior to suspending, revoking, or otherwise restricting a regulatory license, to find objective and reasonable facts or conduct upon a full investigation first. The bill would require that the information provided to a licensee be the result of a full investigation. Representative Hefley stated that the bill would strengthen current law, and provide due process for license restrictions.

01:19 PM -- Shayne Madsen, representing herself, testified in support of the bill. She stated that the bill provides clarification to the current law. Ms. Madsen responded to questions from the committee.


BILL:	SB06-120
TIME:	01:23:20 PM
MOVED:	Penry
MOTION:	Moved to refer Senate Bill 06-120 to the Committee of the Whole. The motion passed 12-0.
SECONDED:	Paccione
		VOTE
	Balmer	Yes
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Yes
	Liston	Yes
	McCluskey	Yes
	Paccione	Yes
	Penry	Yes
	Welker	Absent
	Cerbo	Yes
	Marshall	Yes
Final YES: 12 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: PASS

1:26 PM

The committee adjourned.