House Committee on Business Affairs and Labor (03/21/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	03/21/2005	ATTENDANCE

Time:	01:31 PM to 03:11 PM	Balmer	E
		Borodkin	X
Place:	HCR 0107	Butcher	*
		Carroll M.	*
This Meeting was called to order by		Coleman	X
	Representative Marshall	Knoedler	E
		Liston	X
This Report was prepared by		Massey	X
	Todd Jorgensen	McCluskey	X
		Paccione	X
		White	*
		Cerbo	X
		Marshall	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB05-021 HJR05-1026 SB05-076		Laid Over Referred to the Committee of the Whole Referred to the Committee of the Whole

01:32 PM -- Senate Bill 05-021

Representative Terrance Carroll presented SB05-021 which allows an employee of any company that employs at least ten people to take unpaid leave for the purpose of attending school activities related to the educational advancement of the employee's child. Representative Carroll asked the committee to lay the bill over so that he may continue to develop an amendment with stakeholders.

01:35 PM

Representative Cerbo laid the bill over.

01:36 PM -- HJR-1026

Representative Coleman presented HJR05-1026 which creates a special joint committee to study matters related to Colorado's auto insurance system, particularly the outcome of repealing no-fault automobile insurance and replacing it with a tort-based system. The committee will meet no more than four times during the current legislative session. Representative Coleman responded to questions from the committee.

01:43 PM -- Tricia Shaar, representing herself as a physician and a family member, testified in favor of the resolution. Dr. Shaar testified that health care insurance should not pay for trauma resulting from an auto accident.

01:47 PM -- Steve Shapiro, representing the Brain Injury Association of Colorado, testified in favor of the resolution. Mr. Shapiro testified that complicated litigation and a system of liens has developed as a result of the new system.

01:53 PM -- Stephanie Thomas, representing Denver Health, testified in favor of the resolution. Ms. Thomas testified that about 20 percent of the patients that are treated by her facility are covered by insurance. Ms. Thomas said that she supports whatever the legislature can do to help solve the problem of uninsured persons in Colorado.

01:56 PM -- Don Mielke, representing the Colorado Chiropractors Association, testified in favor of the resolution. Mr. Mielke testified that various therapies covered under the no-fault system were repealed and should be replaced.

01:57 PM -- Bonita Clark, representing herself, testified in favor of the resolution. Ms. Clark was involved in an auto accident and did not have health coverage at the time. She believes that her care was inadequate because she did not have health coverage.

02:00 PM -- Bill Imig, representing Property Casualty Insurers Association, testified in opposition to the resolution. Mr. Imig testified that the no-fault system was repealed due to the fact that it was too expensive and was not working efficiently. Mr. Imig testified that the tort-based system is working and rates have declined substantially. Mr. Imig added that his organization is willing to participate in a study. Mr. Imig opposes language in the resolution that draws conclusions regarding negative outcomes of the tort-based system. Mr. Imig responded to questions from the committee.

02:07 PM -- Chris Howes, representing Rural Metro Ambulance, testified in support of the resolution. Mr. Howes distributed copies of written testimony from Emergency Medical Service providers (Attachment A) to the committee.

02:09 PM -- Ellen Caruso, representing the American Physical Therapy Association of Colorado, testified in support of the resolution.

02:12 PM -- Kevin Klein, representing the Colorado State Fire Chiefs Association and the Coalition to Support Colorado's Hospitals, testified in support of the resolution. Mr. Klein provided written testimony from the Coalition to Support Colorado's Hospitals (Attachment B).

02:16 PM -- George Zara, representing St. Anthony's Hospitals, testified in favor of the resolution. Mr. Zara testified that his hospitals have seen an increased number of uninsured patients and he believes a major contributing factor is the change to the tort-based system.

02:19 PM

Representative Coleman made closing remarks.


BILL:	HJR05-1026
TIME:	02:19:45 PM
MOVED:	Coleman
MOTION:	Moved that HJR05-1026 be referred to the Committee of the Whole with a favorable recommendation. The motion passed 11-0 with 2 excused.
SECONDED:	Paccione
		VOTE
	Balmer	Excused
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Excused
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:22 PM -- Senate Bill 05-076

Representative Marshall presented SB05-076 which amends current law to allow corporations to take certain actions without holding a shareholders meeting, if at least a minimum number of shareholders are present to vote on and approve the action. Representative Marshall responded to questions from the committee.

02:26 PM -- Anthony Van Westrum, representing himself as an attorney and a member of the Business Law Section of the Colorado Bar Association, testified in support of the bill. Mr. Van Westrum handed out copies comments on the bill from the Business Law Section of the Colorado Bar Association (Attachment C). Mr. Van Westrum testified that the existing law, without this provision, is causing corporations to incorporate elsewhere, as many other states allow corporations to take such actions as proposed in the bill.

02:36 PM -- Mark Loewenstein, representing himself as a professor of law at the University of Colorado School of Law, testified in support of the bill. Mr. Loewenstein testified that minority shareholders have other protections under the law and this bill does not provide an unfair advantage to majority shareholders. Mr. Loewenstein believes that this legislation will be matched across the country and adopted by the American Bar Association as model legislation.

02:40 PM -- Jerry Kopel, representing himself as a former legislator with experience in corporate law, testified in opposition to the bill. Mr. Kopel asked the committee to consider omitting the section of the bill governing mergers and provided a proposed amendment to the bill (Attachment D). Mr. Kopel feels that the proposed change in the law should not apply to mergers.

02:54 PM

Representative Cerbo invited Mr. Van Westrum to respond to Mr. Kopel's proposed amendment. Mr. Van Westrum testified that the protections for minority shareholders that Mr. Kopel is concerned with preserving already exist in current law and will continue if this bill is passed. Mr. Van Westrum responded to questions from the committee.

03:07 PM

Representative Marshall made closing remarks.


BILL:	SB05-076
TIME:	03:08:28 PM
MOVED:	Marshall
MOTION:	Moved that SB05-076 be referred to the Committee of the Whole with a favorable recommendation. The motion passed 11-0, with 2 excused.
SECONDED:	Coleman
		VOTE
	Balmer	Excused
	Borodkin	Yes
	Butcher	Yes
	Carroll M.	Yes
	Coleman	Yes
	Knoedler	Excused
	Liston	Yes
	Massey	Yes
	McCluskey	Yes
	Paccione	Yes
	White	Yes
	Cerbo	Yes
	Marshall	Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS