Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON BUSINESS, LABOR AND TECHNOLOGY

Date:02/15/2006
ATTENDANCE
Time:01:40 PM to 04:43 PM
Evans
X
Hanna
E
Place:SCR 354
Kester
*
Takis
X
This Meeting was called to order by
Wiens
X
Senator Veiga
Tochtrop
X
Veiga
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-040
SB06-149
SB06-077
SB06-155		Amended, Referred to the Committee of the Whole
Witness Testimony Only
Amended, Referred to Appropriations
Postponed Indefinitely


01:41 PM -- Senate Bill 06-040

Senator Teck introduced his bill requiring conspicuous disclosure and a separate authorization whenever a purchase of goods or services involves automatic future billings by use of a credit card. He provided two amendments to the committee (Attachments A & B).

01:43 PM -- Garth Lucero, Direct Marketing Association, spoke in favor of the bill but indicated certain provisions of concern. The proposed amendments would relieve some of those concerns. He indicated concerns with provisions that would require "double authorization."

01:54 PM

Senator Teck commented on the discussion of the witness.


01:58 PM

Senator Teck made closing comments on the bill and described the nature and purpose of the two amendments. He responded to questions from the committee.
BILL:SB06-040
TIME: 02:00:02 PM
MOVED:Tochtrop
MOTION:Amendment L.001 (Attachment A). Senator Takis proposed an amendment to the amendment to eliminate the double signature requirements. Committee discussion ensued regarding Senator Takis' amendment. The amendment to the amendment passed without objection. The committee discussed the amended L.001.
SECONDED:
VOTE
Evans
Hanna
Excused
Kester
Takis
Wiens
Tochtrop
Veiga
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-040
TIME: 02:11:07 PM
MOVED:Tochtrop
MOTION:Amendment L.001 as amended. The motion passed without objection.
SECONDED:
VOTE
Evans
Hanna
Excused
Kester
Takis
Wiens
Tochtrop
Veiga
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB06-040
TIME: 02:11:20 PM
MOVED:Tochtrop
MOTION:Amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Evans
Hanna
Excused
Kester
Takis
Wiens
Tochtrop
Veiga
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-040
TIME: 02:11:30 PM
MOVED:Tochtrop
MOTION:Refer SB 040 to the Committee of the Whole as amended. The motion passed 5-0-1.
SECONDED:
VOTE
Evans
Excused
Hanna
Excused
Kester
Yes
Takis
Yes
Wiens
Yes
Tochtrop
Yes
Veiga
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:17 PM -- Senate Bill 06-149

Senator May introduced his bill that makes changes to the Office of Innovation and Technology and to the process for overseeing and approving major information technology projects. He provided a side-by-side analysis of the legislation (Attachment C) and an amendment (Attachment D) to the committee.

02:21 PM -- John Picanso, Chief Information Officer for the state of Colorado, spoke in support of the legislation. He and Senator May responded to Senator Kester's questions about the membership of the committee. Senator Veiga asked about the advisability of lessening the oversight of the state's information technology projects when there have been such visible problems in the last few years.

02:36 PM

Senator May discussed changes in response to successes and failures of information technology projects that the state has undertaken. Committee discussion ensued. Senator Takis asked whether additional layoffs would occur.



02:47 PM -- Jim Lynn, Department of Public Safety, spoke in support of the legislation. He responded to questions from the committee. Senator Wiens indicated interest in seeing the Department's inventory of IT products.

02:52 PM -- Rick Malinowski, Department of Personnel and Administration, spoke in support of the legislation. He offered suggestions regarding the proposed legislation regarding rule-making authority and the role of the IMC with the Internet Portal Authority.

02:56 PM -- Robert Feingold, representing himself, spoke in support of the legislation.

02:58 PM -- Bryan Vogt, Colorado Office of Economic Development and International Trade, spoke in support of the legislation.

03:02 PM

Senator May made closing comments on the merits of the bill.

03:04 PM

Senator Tochtrop asked about the relevance of these issues to the procurement committee. She asked whether the sponsor would be willing to send the bill to the Government Accountability committee for their review. Senator May discussed a separate bill that would look more specifically at contracting with information technology equipment rather than general procurement issues. Discussion ensued about review by the Select committee. Senator May indicated his willingness to pull the bill off the table for review by the select committee prior to the current committee taking action on the bill.

03:08 PM

Senator Veiga pulled the bill off the table.

03:08 PM -- Senate Bill 06-077

Senator Entz introduced his bill that would authorize the state of Colorado to provide property insurance for the Cumbres and Toltec Scenic Railroad through the state risk management system. He provided an amendment to the committee (Attachment E). He responded to questions from the committee regarding the state of New Mexico's role in providing insurance to the railroad.

03:13 PM -- David Kaye, Department of Personnel and Administration, came to the table to answer questions from the committee. The department does not support or oppose the bill.



03:19 PM

Senator Entz made closing comments on the merits of the bill.
BILL:SB06-077
TIME: 03:20:03 PM
MOVED:Tochtrop
MOTION:Amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Evans
Hanna
Excused
Kester
Takis
Wiens
Tochtrop
Veiga
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-077
TIME: 03:25:29 PM
MOVED:Tochtrop
MOTION:Refer SB 077 to the Committee on Appropriations, as amended. The motion passed 5-1-1.
SECONDED:
VOTE
Evans
Yes
Hanna
Excused
Kester
Yes
Takis
No
Wiens
Yes
Tochtrop
Yes
Veiga
Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:26 PM -- Senate Bill 06-155

Senator Dyer introduced his bill that would require certain disclosures by individuals selling guaranteed automobile protection (GAP). He responded to questions from the committee.

03:36 PM -- Tim Jackson, Colorado Auto Dealers Association, spoke about some concerns with the legislation. He discussed how GAP is intended to protect the consumer who has negative equity on the purchase of their vehicle. He responded to questions from the committee.

03:50 PM

Senator Dyer responded to questions from the committee regarding the purpose of the legislation.



04:02 PM -- Pete Kirchof, Colorado Credit Union League, spoke in opposition to the bill. He responded to questions from the committee.

04:06 PM -- David Emerick, Colorado Financial Services Association, spoke in opposition to the bill.

04:12 PM -- Jenifer Saltzman, Colorado Bankers Association, spoke about the bill. Senator Dyer expressed his willingness to make changes that might be determined necessary to address Ms. Saltzman's concerns.

04:13 PM -- Laura Udis, Colorado Attorney General's office, discussed the role of the Uniform Consumer Commercial Code and how the bill would change current regulation. She noted how the current rule did and did not apply to leases. She responded to questions from the committee.

04:21 PM

Senator Dyer made closing comments on the merits of the bill.
BILL:SB06-155
TIME: 04:21:54 PM
MOVED:Evans
MOTION:Refer SB 155 to the Committee of the Whole. The motion failed 2-5.
SECONDED:
VOTE
Evans
Yes
Hanna
No
Kester
No
Takis
No
Wiens
Yes
Tochtrop
No
Veiga
No
Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB06-155
TIME: 04:22:24 PM
MOVED:Tochtrop
MOTION:Move to postpone indefinitely SB 155 and reverse the previous roll call. The motion passed 5-2.
SECONDED:
VOTE
Evans
No
Hanna
Yes
Kester
Yes
Takis
Yes
Wiens
No
Tochtrop
Yes
Veiga
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS




04:22 PM

The committee recessed.

02:17 PM -- Senate Bill 06-149

Senator May introduced his bill that makes changes to the Office of Innovation and Technology and to the process for overseeing and approving major information technology projects. He provided a side-by-side analysis of the legislation (Attachment C) and an amendment (Attachment D) to the committee.

02:21 PM -- John Picanso, Chief Information Officer for the state of Colorado, spoke in support of the legislation. He and Senator May responded to Senator Kester's questions about the membership of the committee. Senator Veiga asked about the advisability of lessening the oversight of the state's information technology projects when there have been such visible problems in the last few years.

02:36 PM

Senator May discussed changes in response to successes and failures of information technology projects that the state has undertaken. Committee discussion ensued. Senator Takis asked whether additional layoffs would occur.

02:47 PM -- Jim Lynn, Department of Public Safety, spoke in support of the legislation. He responded to questions from the committee. Senator Wiens indicated interest in seeing the Department's inventory of IT products.

02:52 PM -- Rick Malinowski, Department of Personnel and Administration, spoke in support of the legislation. He offered suggestions regarding the proposed legislation regarding rule-making authority and the role of the IMC with the Internet Portal Authority.

02:56 PM -- Robert Feingold, representing himself, spoke in support of the legislation.

02:58 PM -- Bryan Vogt, Colorado Office of Economic Development and International Trade, spoke in support of the legislation.

03:02 PM

Senator May made closing comments on the merits of the bill.

03:04 PM

Senator Tochtrop asked about the relevance of these issues to the procurement committee. She asked whether the sponsor would be willing to send the bill to the Government Accountability committee for their review. Senator May discussed a separate bill that would look more specifically at contracting with information technology equipment rather than general procurement issues. Discussion ensued about review by the Select committee. Senator May indicated his willingness to pull the bill off the table for review by the select committee prior to the current committee taking action on the bill.

03:08 PM

Senator Veiga pulled the bill off the table.