House Committee on Economic and Business Development (01/24/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Date:	01/24/2012	ATTENDANCE

Time:	01:32 PM to 03:40 PM	Balmer	X
		Court	*
Place:	HCR 0112	Holbert	X
		Miklosi	*
This Meeting was called to order by		Priola	X
	Representative Liston	Soper	X
		Swerdfeger	X
This Report was prepared by		Szabo	X
	David Beaujon	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:
Fiscal Analyst Introduction HB12-1055 HB12-1008		Discussion only Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

01:33 PM -- Fiscal Analyst Introduction

Alex Schatz, Clare Pramuk, and Josh Abram, Fiscal Analysts with the Legislative Council Staff, introduced themselves and identified the services that they provide to the General Assembly. They also responded to questions about the process and criteria for preparing fiscal analysis including use of dynamic modeling to determine the fiscal impact of legislation.

01:44 PM

Mike Mauer, Director, Legislative Council Staff, responded to questions from the committee about the criteria for preparing fiscal analysis including use of dynamic modeling to determine the fiscal impact of legislation.

01:52 PM -- House Bill 12-1055

Representative Shaffer, sponsor, described the provisions of House Bill 12-1055 that renames the Division of Registrations in the Department of Regulatory Agencies (DORA) as the Division of Professions and Occupations, and authorizes the Executive Director of DORA to adopt rules necessary to administer the division. Within three years of the bill's effective date, the Revisor of Statutes in the Office of Legislative Legal Services (OLLS) must update all current references in the Colorado Revised Statutes to the division, its director, and its cash fund. No later than October 15, 2015, and once each following decade, the DORA must conduct an analysis and evaluation of the division as part of the DORA review process; however, the division is not subject to termination. She also distributed Amendment L. 001 (Attachment A) to remove the safety clause and substitute an effective date.

The following persons testified on the bill:

02:00 PM -- Barbara Kelley, Executive Director, Department of Regulatory Agencies, spoke in support of the bill and responded to questions from the committee about provisions of the bill and potential cost savings if the bill becomes law. Committee discussion followed about the effect of the bill on the rule making authority of the Executive Director of the Department of Regulatory Agencies.

02:20 PM

The committee recessed.

02:21 PM

The committee returned from recess. Christy Chase, Office of Legislative Legal Services, responded to questions from the committee about provisions of House Bill 12-1055.

02:25 PM -- Executive Director Kelley resumed her testimony on the bill.


BILL:	HB12-1055
TIME:	02:27:54 PM
MOVED:	Williams A.
MOTION:	Moved Amendment L. 001 (Attachment A). The motion passed without objection.
SECONDED:	Court
		VOTE
	Balmer
	Court
	Holbert
	Miklosi
	Priola
	Soper
	Swerdfeger
	Szabo
	Tyler
	Williams A.
	Wilson
	Swalm
	Liston

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1055
TIME:	02:29:05 PM
MOVED:	Holbert
MOTION:	Moved Amendment L. 002 (Attachment B). The motion passed on a vote of 7-6.
SECONDED:	Priola
		VOTE
	Balmer	Yes
	Court	No
	Holbert	Yes
	Miklosi	No
	Priola	Yes
	Soper	No
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	No
	Williams A.	No
	Wilson	No
	Swalm	Yes
	Liston	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:28 PM

Executive Director Kelley, Department of Regulatory Agencies, responded to questions from the committee about Amendment L. 002.

02:38 PM

Representative Shaffer closed her remarks on the bill.


BILL:	HB12-1055
TIME:	02:40:13 PM
MOVED:	Court
MOTION:	Moved to refer House Bill 12-1055 to the Committee of the Whole, as amended. The motion passed on a vote of 13-0.
SECONDED:	Wilson
		VOTE
	Balmer	Yes
	Court	Yes
	Holbert	Yes
	Miklosi	Yes
	Priola	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

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

02:43 PM -- House Bill 12-1008

Representative Acree, sponsor, described the provisions of House Bill 12-1008 that modifies procedures for rule-making within the executive branch (Attachment C). Specifically, it directs state agencies to establish a representative group of persons to solicit and obtain input about proposed rules; notify the General Assembly within ten days of proposing a rule or approving an emergency or temporary rule that increases fees or fines; submit a copy of the department's regulatory agenda, including specified information, to the Legislative Council on or before November 1 of each year for distribution to members of each agency's applicable legislative committee of reference; and present regulatory agenda information at the annual meeting with each agency's applicable committee of reference.

The following persons testified on the bill:

03:05 PM -- Ronnie Verhoeff, representing himself, spoke in support of the bill and described problems he experienced with a rule making process of the Division of Water Resources. He also responded to questions from the committee about the problems he experienced with the Division of Water Resources.

03:22 PM -- Pam Moure, representing herself, spoke in support of the bill and expressed concern about a potential state rule that nurses be required to have a flu shot. She also responded to questions from the committee about how the bill would address her concern about notification for pending rules.

03:28 PM -- Dianna Orf, Colorado Mining Association, explained that the Colorado Mining Association has not take a formal position on the bill. However, she said that the bill includes provisions that may be viewed favorably by the association. She also responded to questions from the committee about the notification requirements for the state rule making process.

03:35 PM

Representative Acree closed her remarks on the bill.


BILL:	HB12-1008
TIME:	03:36:55 PM
MOVED:	Miklosi
MOTION:	Moved Amendment L. 001 (Attachment D). The motion passed on a vote of 7 to 6.
SECONDED:	Wilson
		VOTE
	Balmer	No
	Court	Yes
	Holbert	No
	Miklosi	Yes
	Priola	No
	Soper	Yes
	Swerdfeger	Yes
	Szabo	No
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	No
	Liston	No

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1008
TIME:	03:39:22 PM
MOVED:	Holbert
MOTION:	Moved to refer House Bill 12-1008 to the Committee on Appropriations, as amended. The motion passed on a vote of 13-0.
SECONDED:	Priola
		VOTE
	Balmer	Yes
	Court	Yes
	Holbert	Yes
	Miklosi	Yes
	Priola	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Yes
	Wilson	Yes
	Swalm	Yes
	Liston	Yes

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

03:40 PM

The committee adjourned.