House Committee on Economic and Business Development (01/31/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Date:	01/31/2012	ATTENDANCE

Time:	10:56 AM to 03:59 PM	Balmer	X
		Holbert	X
Place:	HCR 0112	Miklosi	*
		Priola	*
This Meeting was called to order by		Singer	X
	Representative Liston	Soper	X
		Swerdfeger	*
This Report was prepared by		Szabo	X
	Christie Lee	Tyler	X
		Williams A.	X
		Wilson	X
		Swalm	X
		Liston	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1059 HB12-1007 HB12-1127 HB12-1044		Amended, Referred to Appropriations Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

10:57 AM -- House Bill 12-1059

Representative Looper, prime sponsor, presented House Bill 12-1059 concerning the authority of a person credentialed in another state whose residence is determined by military orders to practice an occupation regulated by Colorado law. This bill authorizes military spouses to practice in certain regulated professions or occupations for one year if the spouse is licensed, registered, or certified in good standing to practice in another state, and agrees to be governed by Colorado law. Real estate agents are specifically excluded from the bill. If the person who is practicing in Colorado wants to continue to practice after one year, he or she must apply for authority from the appropriate licensing agency. The bill also directs licensing agencies to provide in rule a six-month exemption to regulated persons who are on active duty for more than 120 days from paying certification fees and completing continuing education requirements that become due during their period of active duty. It allows licensing agencies to accept continuing education, training, or service completed during military service towards the educational qualifications required to renew the person's authority to practice.

A military service member or spouse who is an "emergency services provider" certified or licensed in another state is exempt from certification in Colorado. The exemptions and education options noted above also apply to emergency service providers. The bill changes the term "emergency medical technician" to "emergency medical service provider" to align with other states. She distributed Amendment L.003 and L.004 (Attachments A and B respectively).

11:02 AM

Representative Tyler asked a few questions regarding emergency service providers and how requirements cross state lines. Representative Looper was asked to explain why real estate agents are exempted from the bill. Representative Liston asked about how many people this bill would impact. Representative Looper estimated about a thousand, but stated her witnesses would respond better to that question. Representative Wilson asked what the definition of a military spouse is and whether it would include same sex marriage couples from other states. Representative Looper read the definition provided in the bill.

11:11 AM

Jery Payne, drafter, Office of Legislative Legal Services, was asked to respond to Representative Tyler's earlier question of whether the change to the title of an emergency service provider fits under the title of the bill.

11:13 AM -- Jackie Harriman, representing the military community and the Department of Defense community, testified in support of the bill. She responded to questions from the committee regarding the amount of time allotted in the bill for people affected by the bill to receive licenses and licensing fees.

11:20 AM -- Brian Pritchard, representing the Department of Regulatory Agencies, came to the table to respond to committee member questions. Representative Swalm talked about federal law. Representative Wilson asked what proof a person is required to show that he or she is in the military and a spouse. Representative Looper showed a spouse's miliary identification card. A discussion ensued regarding verification of a license prior to a spouse beginning to work in Colorado. Representative Looper stated that she believes the employer would verify that information.

11:32 AM -- Charlie Sheffield, representing the Emergency Medical Service Association of Colorado, testified in support of the bill. He addressed the concerns of the committee regarding requirements in different states for emergency service providers.


BILL:	HB12-1059
TIME:	11:34:41 AM
MOVED:	Liston
MOTION:	Moved amendment L.003 (Attachment A), as amended. The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1059
TIME:	11:36:20 AM
MOVED:	Balmer
MOTION:	Move to amend Amendment L.003 to add Article 36 to line 5 of the amendment. The motion passed without objection.
SECONDED:	Priola
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1059
TIME:	11:41:02 AM
MOVED:	Liston
MOTION:	Moved amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Swalm
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1059
TIME:	11:44:38 AM
MOVED:	Soper
MOTION:	Moved to refer House Bill 12-1059, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:	Szabo
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Yes
	Priola	Yes
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:45 AM -- House Bill 12-1007

Representative Szabo, prime sponsor, presented House Bill 12-1007 concerning the requirement that a regulatory analysis be issued prior to the promulgation of rules by a state administrative agency and distributed a handout (Attachment C). She also distributed Amendment L.002 (Attachment D). The bill requires state agencies to issue a regulatory analysis for all proposed rules at least 15 days prior to the rule-making hearing. Agencies are exempted from issuing regulatory analyses for non-substantive changes to rules such as grammatical and formatting changes. In addition, the bill expands the scope of the regulatory analysis to include the effect of the proposed rule on jobs in Colorado, including whether the rule:

creates or eliminates jobs;
causes those affected by the rule to divert resources to comply with the rule; and
requires those affected by the rule to hire additional employees or increase the costs for goods and services solely to comply with the rule.

Representative Szabo gave some examples of the number of rules businesses are required to follow. She responded to questions from the committee about the current rule-making process and the impact the bill will have on businesses. Representative Wilson expressed his concerns with the scope of the bill and the fact that it covers all rules. A discussion ensued on the amount of time and resources a business uses to comply with rules and regulations.

12:05 PM -- Brett Ackerman, representing the Colorado Division of Parks and Wildlife, talked about the rules and regulations the division is required to follow that apply to the end user. Mr. Ackerman also addressed the fiscal note and the current rule-making process. Representative Soper asked about the types of people who are involved in the rule-making process. A committee discussion regarding the fiscal note ensued.

12:22 PM -- Will Allison, representing the Colorado Department of Public Health and Environment, expressed some concerns the department has with the bill. There was a discussion regarding the impact the additional analyses would have on agencies. Representative Wilson asked about the additional pages the analysis would add to a rule.

12:39 PM -- Carly Dollar, representing the Colorado Association of Commerce and Industry, testified in support of the bill. She mentioned that she was also speaking on behalf of the Colorado Competitive Council and the National Federation of Independent Businesses. Representative Soper asked about the current involvement of organizations in the rule-making process. Ms. Dollar responded to questions from the committee regarding the current rule-making process.

12:48 PM -- R.J. Hicks, representing the Green Industries of Colorado and the Independent Electrical Contractors of Colorado, testified in support of the bill. He responded to questions from the committee regarding the bill's provisions regarding regulatory analysis.

12:58 PM -- Cindy Vigesace, representing her business, testified in support of the bill. She stated that before this bill was introduced, she didn't know one could request an analysis. She gave examples of rules and regulations for which she was unable to participate in the rule-making process. Ms. Vigisaw responded to questions from the committee regarding the current rule-making process. Representative Singer asked her to discuss how the bill would help the examples she gave.

01:16 PM -- Patrick Boyle, representing the Colorado Competitive Council, testified in support of the bill. Mr. Boyle responded to questions from the committee.


BILL:	HB12-1007
TIME:	01:20:01 PM
MOVED:	Szabo
MOTION:	Moved amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:	Liston
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1007
TIME:	01:26:21 PM
MOVED:	Balmer
MOTION:	Moved amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1007
TIME:	01:30:25 PM
MOVED:	Szabo
MOTION:	Moved to refer House Bill 12-1007, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-5 with one member excused.
SECONDED:	Swalm
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Yes
	Singer	No
	Soper	No
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	No
	Williams A.	No
	Wilson	No
	Swalm	Yes
	Liston	Yes

Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

1:30 AM

The committee took a recess.

02:01 PM -- House Bill 12-1127

Representative Liston, prime sponsor, presented House Bill 12-1127 concerning elimination of an increase in the unemployment insurance premium rate for new employers. House Bill 11-1288 changed the way the unemployment insurance (UI) system is financed. It created a new premium rate schedule that becomes effective once the UI Trust Fund becomes solvent. Premium rates for new employers will range from 2.96 percent to 4.65 percent of the first $11,000 of an employee's wages. The rate depends on the reserve ratio of the UI Trust Fund, with a lower rate applied when the fund's reserves are high and a higher rate applied when the fund's reserves are low or the fund is insolvent. This bill reduces the rate for new employers to a 1.7 percent default rate. Prior to the new schedule taking effect, new employers are charged a 1.7 percent rate unless they have benefits charged against them from involvement in an earlier business entity. In that situation, they are charged a computed rate that takes those charges into account.

02:08 PM -- Wayne Peel, representing the Colorado Department of Labor and Employment, testified in favor of the bill and explained Amendment L.001 (Attachment F).


BILL:	HB12-1127
TIME:	02:13:39 PM
MOVED:	Liston
MOTION:	Moved amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Wilson
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1127
TIME:	02:14:21 PM
MOVED:	Liston
MOTION:	Moved to refer House Bill 12-1127, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Wilson
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Yes
	Priola	Yes
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:15 PM -- House Bill 12-1044

Representative Ferrandino and Young, co-prime sponsors, presented House Bill 12-1044. The bill creates the Start-up Colorado Technology Transfer Grant Program in the Office of Economic Development and International Trade (OEDIT). No later than September 1, 2012, the director of OEDIT must establish policies for the new grant program.

The grant program will provide up to $750,000 per grant to offices of technology transfer at institutions of higher education. When awarding grants, the OEDIT must give priority to projects that create jobs in Colorado and projects that have available federal or private matching funds. The bill creates the Start-up Colorado Technology Transfer Cash Fund and subjects any money in the fund to annual appropriations by the General Assembly. The OEDIT may use up to five percent of moneys transferred to the fund for annual administration costs.

No later than April 15, 2015, the director must submit a report to the Finance Committees of the General Assembly detailing the recipients, grant amounts, and the number of Colorado jobs created as a result of the grant program. The grant program is repealed, effective July 1, 2015.

02:26 PM

Representative Swerdfeger asked the sponsors to explain how the disbursement of funds would work under the bill. The sponsors continued to respond to questions from the committee about how the bill will be funded. Representative Ferrandino asked that the bill make it to Appropriations where the discussion of how the bill will be funded would be had.

02:51 PM -- Steve Foster, representing the Colorado Technology Association, testified in favor of the bill and the importance of investing in technology. He talked about building in a mechanism to send funds back to the university and the state. Mr. Foster responded to questions about the current venture capital that is being generated in the state.

03:08 PM -- Will Vaughan, representing the Colorado School of Mines, testified in support of the bill.

03:12 PM -- Todd Headley, representing Colorado State University Ventures, testified in support of the bill.

03:26 PM -- David Allen, representing the University of Colorado, testified in support of the bill and distributed a copy of the 2010/11 Tech Transfer Annual Report that can be found at: https://www.cu.edu/techtransfer/downloads/TTOAnnualReport-10-11.pdf He discussed the report and addressed earlier concerns of the committee. Representative Liston asked Mr. Allen to explain the Major Financing Events for CU Licensees section of the annual report.


BILL:	HB12-1044
TIME:	03:42:06 PM
MOVED:	Swerdfeger
MOTION:	Moved amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:	Williams A.
		VOTE
	Balmer
	Holbert
	Miklosi
	Priola
	Singer
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:45 PM

Representative Young gave closing remarks on the bill.


BILL:	HB12-1044
TIME:	03:47:25 PM
MOVED:	Tyler
MOTION:	Moved to refer House Bill 12-1044, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-5 with one member excused.
SECONDED:	Singer
		VOTE
	Balmer	Excused
	Holbert	No
	Miklosi	Yes
	Priola	No
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	No
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	No
	Liston	No

YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:48 PM

The committee adjourned.