Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:03/08/2006
ATTENDANCE
Time:09:54 PM to 01:20 PM
Balmer
X
Borodkin
X
Place:HCR 0107
Butcher
*
Carroll M.
X
This Meeting was called to order by
Coleman
X
Representative Marshall
Knoedler
X
Liston
X
This Report was prepared by
McCluskey
X
Christie Lee
Paccione
X
Penry
X
Welker
X
Cerbo
*
Marshall
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1333
HB06-1331
HB06-1043
HB06-1342
HB06-1346		Postponed Indefinitely
Amended, Referred to Appropriations
Postponed Indefinitely
Amended, Referred to Appropriations
Amended, Referred to the Committee of the Whole


09:54 AM -- House Bill 06-1333

Representative Merrifield, prime sponsor, came to the table and asked the committee to postpone House Bill 1333, concerning landlord and tenant relations, until May 11, 2006.
BILL:HB06-1333
TIME: 09:56:07 AM
MOVED:Paccione
MOTION:Moved to postpone House Bill 06-1333 indefinitely. The motion passed 9-2.
SECONDED:Marshall
VOTE
Balmer
Absent
Borodkin
Yes
Butcher
Absent
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
Yes
Cerbo
Yes
Marshall
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 2 FINAL ACTION: PASS

09:57 AM -- House Bill 06-1331

Representative Plant, prime sponsor, presented House Bill 1331, concerning the regulation of landscape architects. The bill would require landscape architects to be licensed by the Department of Regulatory Agencies by July 1, 2006. The bill would also create a 5-member Board of Landscape Architects that would determine the minimum education, experience, and examination requirements for licensure. Additionally, the board would be able to promulgate rules, issue licenses, respond to complaints, investigate license activities, maintain records, and set and collect fees.

10:01 AM -- Craig Coronato, representing the Colorado Council of Landscape Architects, testified in support of the bill. He stated that it is necessary to have consistency across the state now that many local jurisdictions are regulating the industry. Mr. Coronato stated that licensure would reduce the competitive disadvantage within the state that exists currently because local landscape architects must compete with landscape architects from other states that are licensed. He talked about how landscape architects impact public safety.

10:11 AM

Mr. Coronato responded to questions from the committee pertaining to the relationship between civil engineers, architects, structural engineers and landscape architects. He stated that there are clear distinctions between the professions. Representative Penry asked what the Colorado Department of Transportation's (CDOT) requirements were for the landscape architects that worked on the Transportation Expansion Project (T-REX). Mr. Coronato stated that at first, CDOT required that the landscape architects on the project be licensed. However, he felt that CDOT was unaware that there is no license for landscape architects in Colorado and that the requirement was later removed.


10:18 AM -- Jeff Shoemaker, representing the Greenway Foundation, testified in support of the bill. He talked about the various projects landscape architects are involved in. He stated that because there is no licensure in Colorado, many companies will go out of state to find a licensed landscape architect and that creates an unfair competition for local landscape architects. Mr. Shoemaker added that all but two states have licensure for landscape architects.

10:23 AM -- Paul Hindman, representing the Urban Drainage and Flood Control District, testified in support of the bill. He stated that licensure would ensure competency of landscape architects. He spoke about how landscape architects are involved in the construction of channel ways.

10:28 AM -- Larry Harte, representing the City of Glendale, testified in support of the bill.

10:29 AM -- Cheri Gerou, representing the American Institute of Architects, testified in support of the bill.

10:31 AM -- Charles McKnight, representing Sellards & Grigg, Inc., a consulting engineering and land surveying firm in Colorado, testified in support of the bill. He stated that licensure would bring landscape architects up to the same level as other professions that are involved in large projects.

10:33 AM -- Dean Murphy, representing the American Civil Constructors, testified in support of the bill.

10:36 AM -- Gene Bressler, Chair of the Department of Landscape Architecture, University of Colorado at Denver, testified in support of the bill. He stated that because there is no licensure for landscape architects, many of his students graduate and move to other states where they register, pay fees, and work. Mr. Bressler talked about the various subject areas the students learn in the landscape architecture program such as: climate issues, site development, drainage, energy conservation, and playground safety.

10:43 AM -- Ron Benson, representing the Douglas County Parks and Trails Division, testified in support of the bill.

10:47 AM -- Colin Insley, testified in support of the bill. Mr. Insley responded to questions on when the bill would trigger the requirement that landscape architects be licensed.

10:50 AM -- Brian Tobias, representing the Colorado Department of Regulatory Agencies (DORA), testified in opposition of the bill. He discussed the sunrise review that was completed last year that did not recommend landscape architects be licensed. The report can be found at: http://www.dora.state.co.us/opr/archive/2005LandscapeArchitectsSunriseReport.pdf. Mr. Tobias responded to committee questions.


11:01 AM -- Alex Shatz, representing the Colorado Council of Landscape Architects, testified in support of the bill. He talked about the sunrise report and problems that have come from unlicensed landscape architects. There was committee discussion about the Association of Landscape Architects self regulating themselves.
BILL:HB06-1331
TIME: 11:05:13 AM
MOVED:Coleman
MOTION:Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Penry
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:HB06-1331
TIME: 11:06:30 AM
MOVED:Coleman
MOTION:Moved to refer House Bill 06-1331, as amended, to the Committee on Appropriations. The motion passed 13-0.
SECONDED:Borodkin
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


11:14 AM -- House Bill 06-1043

Representative Coleman, prime sponsor, presented House Bill 1043 and distributed a memo that illustrates the fiscal impact of amendment L.003 (Attachment B). The bill would create the Colorado Consumer Insurance Board that would consist of 11 members appointed by the Governor, approved by the Senate, having expertise in insurance by March 1, 2007. The board would represent the public interest of insurance policyholders by providing the Insurance Commissioner guidance and oversight in the performance of his statutory duties and responsibilities.

Representative Coleman discussed amendment L.003 (Attachment C), a strike below that would have the Governor ensure that the membership of the board represents the different geographic areas of the state, rather than having the Governor appoint one member from each congressional district as stated in the original bill. The amendment also adds that the members of the board must include the following: one member representing a non-profit organization, one member representing the health care community, and one member representing the Providers Council within the Division of Insurance. She stated that the remaining eight members can be made up of consumer advocates.
BILL:HB06-1043
TIME: 11:25:47 AM
MOVED:Coleman
MOTION:Moved amendment L.003 (Attachment C). The motion passed 7-6.
SECONDED:Carroll M.
VOTE
Balmer
No
Borodkin
Yes
Butcher
No
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
Yes
McCluskey
No
Paccione
Yes
Penry
No
Welker
No
Cerbo
Yes
Marshall
Yes
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1043
TIME: 11:28:35 AM
MOVED:Coleman
MOTION:Moved amendment L.004 (Attachment D). 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
BILL:HB06-1043
TIME: 11:29:33 AM
MOVED:Coleman
MOTION:Moved amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:Marshall
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:HB06-1043
TIME: 11:30:11 AM
MOVED:Coleman
MOTION:Moved amendment L.007 (Attachment F). The motion passed 7-6.
SECONDED:Marshall
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
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1043
TIME: 11:32:48 AM
MOVED:Coleman
MOTION:Moved to refer House Bill 06-1043, as amended, to the Committee on Appropriations [see following vote sheet for a substitute motion to postpone the bill indefinitely].
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: TIE



11:33 AM

Several committee members commented on the bill prior to voting.
BILL:HB06-1043
TIME: 11:38:03 AM
MOVED:Balmer
MOTION:Moved a substitute motion to postpone House Bill 06-1043 indefinitely. The motion passed 7-6.
SECONDED:Knoedler
VOTE
Balmer
Yes
Borodkin
No
Butcher
Yes
Carroll M.
No
Coleman
No
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
No
Penry
Yes
Welker
Yes
Cerbo
No
Marshall
No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:43 AM -- House Bill 06-1342

Representative Cerbo explained House Bill 06-1342 which deals with the enforcement of wage laws by the Division of Labor. He walked through current sections of statute over which the Division of Labor has authority. He stated that his bill increases the director's authority to enforce wage laws. He distributed two handouts including a portion of the Colorado Department of Labor and Employment strategic plan for Fiscal Year 2005-06 (Attachment G), and a hearing agenda for the Fiscal Year 2006-07 budget hearing of the Colorado Department of Labor and Employment (CDLE) (Attachment H).

11:59 AM

Representative Cerbo responded to questions from the committee about the current responsibilities of the Division of Labor, specifically whether the mediation part of his bill is adding a new function to the division. There was discussion about the fiscal impact of the bill, and the CDLE's current workload measures over the years as indicated in Attachment H that Representative Cerbo handed out earlier.

12:11 PM

Discussion of the fiscal note continued. Representative Carroll expressed concern that a big fiscal note is being applied to what she thinks the division should already be doing. Representative Cerbo responded. Representative Marshall also referenced the fiscal note, questioning whether the level of abuse would increase and thus drive the additional FTE reflected in the fiscal note. Representative Cerbo stated that under current statute, the Director of the Division of Labor can already take it upon himself to investigate problems, in other words, it does not require a complaint to be filed.



12:18 PM

Mike McArdle, Director, Division of Labor, Department of Labor and Employment, stated that his division is neutral on the bill, adding that everything in the bill is currently allowed by law. He commented on the fiscal note, stating that the current personnel that handles 6,700 claims each year and staffs a phone bank (that receives 60,000 calls each year), are not sufficient to cover the requirements under House Bill 1342. He stated that his division concentrated on speeding up the claims investigations time frame in order to help people get their claims resolved faster. He added that the mandates in this bill, including doing mediation anytime an employer or employee asks for it, will be increasing the process. He stated that when developing the fiscal note, his division looked around at other organizations that provide mediation services, and that was how they determined the number to use.

Responding to committee questions, Mr. McArdle walked through how a complaint goes through the process. He discussed the difficulties encountered when trying to resolve complaints lodged by day laborers who have not received their wages. In the end, if the division is not able to resolve a complaint, they advise people to go to small claims court, but even when a person receives a judgement in their favor in small claims court, the court does not enforce the judgement, so the employer may not ever actually pay.

12:35 PM

Mr. McArdle continued responding to questions from the committee, including why the division does not aggressively pursue employers who violate wage laws, and why no penalties are assessed on employers. He added that his goal has been to get as many claims resolved and workers paid rather than spending so much time on pursuing the employers. He discussed all of the efforts the division has made to be efficient in handling complaints, adding that the division collected $1.5 million dollars for employees.

The committee asked whether the division has the authority to issue penalties against employers. Mr. McArdle said that he does have the ability, but there is due process involved and the court does become involved which leads to a lengthy process.

12:49 PM

Responding to additional questions, Mr. McArdle stated that the division has created a new database that is collecting much more useful information that will allow the division to look at why cases were or were not resolved (for example, did the employer go out of business, and is that why the wages were not paid).

12:50 PM

Adrian Miller, The Bell Policy Center, spoke in support of the bill. He stated that the bill could be a deterrent from employers failing to pay wages. Mr. Miller also talked about the need for a complaint law that would be available for public inspection.


12:52 PM

Raymond Hogler, representing himself as a lawyer who works with wage laws, spoke in support of the bill. He discussed the importance of mediation. He responded to questions from the committee.
BILL:HB06-1342
TIME: 12:59:56 PM
MOVED:Cerbo
MOTION:Moved amendment L.001 (Attachment I). The amendment was adopted 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
BILL:HB06-1342
TIME: 01:01:41 PM
MOVED:Cerbo
MOTION:Moved amendment L.002 (Attachment J). The motion passed on a 7-6 vote.
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
Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1342
TIME: 01:04:25 PM
MOVED:Cerbo
MOTION:Moved amendment L.003 (Attachment K). The motion passed on an 8-5 roll call.
SECONDED:Carroll M.
VOTE
Balmer
No
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
McCluskey
No
Paccione
Yes
Penry
Yes
Welker
No
Cerbo
Yes
Marshall
Yes
Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1342
TIME: 01:09:41 PM
MOVED:Cerbo
MOTION:Moved amendment L.004 (Attachment L) which would require the division to comply with the bill within existing appropriations. There was considerable committee discussion. Representative Cerbo withdrew the amendment.
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: WITHDRAWN
BILL:HB06-1342
TIME: 01:14:07 PM
MOVED:Cerbo
MOTION:Moved to refer House Bill 1342, as amended, to the Committee on Appropriations. The motion passed 7-6.
SECONDED:Butcher
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



01:16 PM -- House Bill 06-1346

Representative McGihon returned to the committee to present House Bill 1346 for action. The bill was previously heard on Monday, March 6 and laid over for review by the mandate commission. Representative McCluskey stated that the mandates commission tried to get a meeting together, but could not get a quorum. 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 live have the same legal residence. At the previous meeting L.002 was adopted that would require the minor child to be financially dependent upon and have the same legal residence as the parent of the dependent (Attachment M).
BILL:HB06-1346
TIME: 01:18:29 PM
MOVED:Marshall
MOTION:Moved to refer House Bill 1346, as amended, to the Committee of the Whole. The motion passed 7-6.
SECONDED:Butcher
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

01:20 PM

Representative Marshall gave a brief comment about House Bill 1342. The committee adjourned.