House Committee on Economic and Business Development (02/09/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Date:	02/09/2012	ATTENDANCE

Time:	02:18 PM to 04:37 PM	Balmer	X
		Holbert	X
Place:	HCR 0112	Miklosi	X
		Priola	X
This Meeting was called to order by		Singer	X
	Representative Liston	Soper	X
		Swerdfeger	X
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:
HB12-1116 HB12-1221 HB12-1120		Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

02:19 PM -- House Bill 12-1116

Representative Murray, prime sponsor, presented House Bill 12-1116. The bill adds disclosure requirements to real estate transactions involving the resale of time share properties. Agreements to transfer time share resale interests must include a description of any residual interests retained by the seller, a list of costs for time share resale services, a statement regarding any other person who may use the time share after the interest has been transferred, and various other disclosures. Time share contracts and time share resale services covered by the bill do not include professionals (e.g., attorneys, escrow agents) providing certain transactional services or the developer or association managing a time share community according to an existing plan.

The bill creates a new cause of action under the Colorado Consumer Protection Act for deceptive trade practices. Deceptive trade practices occur when time share resale entities fail to provide disclosures as required by the bill. These time share resale entities may rely upon information provided by the owner, developer, or association managing the time share.

02:24 PM -- Jep Seman, representing the TCS Inc., testified against the bill. He talked about the exceptions from the definition of "time share resale entity"and asked the sponsor to consider including anyone who engages in criminal activity under the definition so they may be criminally prosecuted. A committee discussion ensued regarding the definition and the reasons for the exclusions.

02:30 PM -- Chris Stewart, representing the American Resort Development Association (ARDA) and the American Resort Development Association Resort Owners Coalition, testified in support of the bill. Representative Swalm asked why the current remedy for a violation is inadequate and whether other states have passed similar legislation. Mr. Stewart responded.

02:42 PM -- John Kassowitz, owner of a time share at Christie Lodge, testified in favor of the bill. He talked about his experience selling his time share to a company that ended up being a scam.

02:50 PM -- John Lee, representing the Christie Lodge HOA in Avon, testified in support of the bill. He showed a number of mailers that are sent to owners regarding selling their time shares. Mr. Lee said a person should not have to pay to sell an asset and believes that is fraudulent. Mr. Lee responded to questions from the committee.

03:04 PM -- David Waller, representing ARDA, testified in support of the bill. He responded to Mr. Seman's earlier concerns. Mr. Waller responded to questions from the committee. He explained what the Attorney General can do to enforce violations of deceptive trade practices under the bill.

03:19 PM

Representative Murray asked the committee to wait on amendments until the bill is brought back up at a later date. Representative Liston laid the bill over to allow the sponsor to work on amendments.

03:20 PM -- House Bill 12-1221

Representative Liston, prime sponsor, presented House Bill 12-1221. The bill prohibits a licensed practitioner from billing for anatomic pathology services unless the practitioner conducted the tests personally. A clinical laboratory can make claims for payment for anatomic pathology services directly only to the patient, insurance carrier, health clinic ordering the services, referring laboratory, or governmental agency on behalf of the patient. The bill defines anatomic pathology services to include histopathology or surgical pathology, cytopathology, hematology, subcellular pathology or molecular pathology, and blood-banking services performed by pathologists. Health care practitioners who commit violations are subject to enforcement action by their respective licensing boards or the Director of the Division of Registrations at the Department of Regulatory Agencies.

03:27 PM

Representative Liston responded to questions from the committee.

03:32 PM -- Lance Goudzwaard, representing Colorado GI Pathology, stated that he agrees with the concept of the bill, but that the bill goes too far. He stated that the bill not only encompasses bad actors, but also groups like his that he doesn't believe the bill intended to cover. Mr. Goudzwaard stated he is opposed to the bill as it is currently written.

03:38 PM -- Craig Bakken, legislative liaison for the Colorado Medical Group Management Association, talked about some concerns he sees with the bill and some potential unintended consequences.

03:48 PM -- Dr. Karim Surgi, a pathologist representing himself, testified in favor of the bill. He talked about other states with similar legislation. Mr. Surgi responded to questions from the committee.

03:57 PM -- Dr. Ronazo Lepoff, representing the Colorado Society of Clinical Pathologists, testified in support of the bill.

04:02 PM -- Sarah Mengshol, representing the Colorado Society of Clinical Pathologists, testified in support of the bill.


BILL:	HB12-1221
TIME:	04:06:10 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.001 (Attachment A). 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:	HB12-1221
TIME:	04:07:07 PM
MOVED:	Liston
MOTION:	Moved to adopt amendment L.002 (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:	HB12-1221
TIME:	04:12:31 PM
MOVED:	Swalm
MOTION:	Moved to refer House Bill 12-1221, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Liston
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Yes
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Excused
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:15 PM -- House Bill 12-1120

Representative Swerdfeger, prime sponsor, presented House Bill 12-1120. This bill relocates the existing Unemployment Insurance (UI) Program in the Department of Labor and Employment, creating a new Division of Unemployment Insurance within the department. The bill requires the appointment of a director to head the new division that will report directly to the executive director of the Department of Labor and Employment.

04:19 PM

Representative Swalm clarified that the bill will not be creating a new cabinet.

04:22 PM -- Patrick Teegarden, representing the Colorado Department of Labor and Employment, testified in support of the bill. He talked about the large size of the Unemployment Insurance Program. Mr. Teegarden also mentioned he was speaking on behalf of the AFL-CIO, who could not attend the meeting.

04:30 PM -- Loren Furman, representing the Colorado Association of Commerce and Industry, testified in support of the bill.


BILL:	HB12-1120
TIME:	04:31:48 PM
MOVED:	Swerdfeger
MOTION:	Moved to adopt amendment L.001 (Attachment C). 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:	HB12-1120
TIME:	04:33:37 PM
MOVED:	Swerdfeger
MOTION:	Moved to refer House Bill 12-1120, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Szabo
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Excused
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Excused
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

Final YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

04:37 PM

The committee adjourned.