Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:03/17/2009
ATTENDANCE
Time:11:44 AM to 12:52 PM
Balmer
X
Bradford
X
Place:HCR 0112
Gagliardi
X
Liston
*
This Meeting was called to order by
Priola
X
Representative Rice
Ryden
X
Scanlan
X
This Report was prepared by
Soper
X
Christie Lee
Stephens
*
Casso
X
Rice
*
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1309
SB09-168
SB09-173
Refer as amended to the Committee of the Whole
Refer to the Committee of the Whole
Refer to the Committee of the Whole


11:44 AM -- House Bill 09-1309

Representative Pace, prime sponsor, presented House Bill 09-1309 concerning inspection of boilers. This bill authorizes a boiler inspector to require a boiler or pressure vessel to undergo a pressure test to assess its leak tightness capability. The owner of the boiler or pressure vessel is responsible for the labor and costs required for conducting the pressure test. In addition, the allowable fluid temperature for a domestic water heater is increased from 200 to 210 degrees Fahrenheit.

11:46 AM --
Mahesh Albuquerque, representing the Colorado Department of Oil and Public Safety, testified in support of the bill. He talked about amendment L.004 that addresses a typo in the bill (Attachment A).

09HouseBus0317AttachA.pdf

11:47 AM --
Steve Nelson, Chief Boiler Inspector for the State of Colorado, Division of Oil and Public Safety, was brought up to respond to the question of why pressure testing is important.

11:50 AM --
Mike Webb, representing Xcel Energy, testified in support of the bill.









BILL:HB09-1309
TIME: 11:51:22 AM
MOVED:Gagliardi
MOTION:Moved amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:Priola
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Excused
Casso
Rice
Excused
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:HB09-1309
TIME: 11:51:53 AM
MOVED:Gagliardi
MOTION:Moved to refer House Bill 09-1309, as amended, to the Committee of the Whole. The motion passed 9-0.
SECONDED:Soper
VOTE
Balmer
Yes
Bradford
Yes
Gagliardi
Yes
Liston
Yes
Priola
Yes
Ryden
Yes
Scanlan
Yes
Soper
Yes
Stephens
Excused
Casso
Yes
Rice
Excused
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS







11:52 AM -- Senate Bill 09-168

Representative Soper, prime sponsor, presented Senate Bill 09-168 concerning workers' compensation procedures. This bill amends procedures in the Workers' Compensation Act that relate to claims settlement, hearing and review. The changes that relate to settlement and hearing procedures address when a matter can proceed to hearing after an insurance carrier files an admission of liability for final payment of compensation. A claimant who disputes the admission and has requested an independent medical examination (IME), is not required to file a request for hearing until the IME process is terminated for any reason. Issues for which a hearing or an application for a hearing is pending when an admission is filed, are allowed to continue to the hearing without the claimant refiling an application for the hearing.

In terms of review procedures, any party dissatisfied with an order that requires payment or denies benefits, may file a petition to review the order. The bill clarifies that petitions are to be filed with the Division of Workers' Compensation if the Director of Workers' Compensation entered the order, or with the Denver Office of Administrative Courts if the order was entered by an administrative law judge.

11:54 AM --
Beth Minahan, representing Workers' Compensation Education Association, spoke in place of Neil O'Toole, testified in support of the bill. She said the bill is a procedures bill and explained each section of the bill.

11:59 AM --
Cathy Wanstrath, representing Pinnacol Assurance, spoke in place of Dan O'Neil, testified in support of the bill.

12:00 PM --
Danny Tomlinson, representing the Colorado Self-Insurers Association, testified in support of the bill.
BILL:SB09-168
TIME: 12:02:46 PM
MOVED:Soper
MOTION:Moved to refer Senate Bill 09-168 to the Committee of the Whole. The motion passed 9-0.
SECONDED:Gagliardi
VOTE
Balmer
Yes
Bradford
Yes
Gagliardi
Yes
Liston
Yes
Priola
Yes
Ryden
Yes
Scanlan
Excused
Soper
Yes
Stephens
Excused
Casso
Yes
Rice
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS







12:03 PM -- Senate Bill 09-173

Representative Rice, prime sponsor, presented Senate Bill 09-173 concerning the economic development of large-scale regional tourism projects to be partially financed with a portion of state sales tax revenue above an existing base amount. This bill allows one or more local governments to pursue tourism-related projects on a regional basis using state sales tax increment financing. Local governments that wish to utilize the financing mechanism must designate a specific zone in which the sales tax increment will be collected. They must also designate a financing entity, which can include either an established urban renewal authority, an established metropolitan district, or a new regional tourism authority. Projects must first be approved by the Economic Development Commission. The bill sets forth the information that must be included in an application and the criteria that must be satisfied to approve the project. Substantial work must commence within 5 years of a project being approved.

Tax increment financing (TIF) allows for the cost of public improvements in a region to be repaid from increased taxes generated by new or expanded business activity in the region. Under TIF, any taxes collected above a base amount are dedicated to repay the bonds that were issued to raise money to complete the improvement in the first place. In Colorado, TIF is used primarily by municipalities for urban renewal projects. This bill provides for the use of tax increment financing on state sales taxes for tourism-related projects. The bill defines the base as total state sales tax collections in the zone in the 12-month period immediately preceding the month in which a project is authorized.


12:09 PM

Representative Rice discussed the issue of Urban Renewal Authorities and said he would like to look at the issue, but does not want to take them out of the bill. Representative Rice responded to questions from the committee regarding the oversight of the entities within the bill. There was a discussion about regional tourism authorities. There was a question about how the base number is determined. Representative Rice said currently it is set at revenue over a 12-month period and asked the witnesses to comment of that issue.

12:18 PM --
Chris Mendez, representing Colorado Counties, Inc. (CCI), testified against the bill. He stated that CCI supported the general scope of the bill, but said they are concerned with the urban renewal authorities. Mr. Mendez talked about CCI's concern with urban renewal authorities and suggested they be taken out of the bill. Mr. Mendez responded to questions from the committee about urban renewal authorities.

12:25 PM --
Matt Cheroutes, Director of Communications for the Governor's Office of Economic Development and International Trade, testified in favor of the bill and said it was a good piece of economic development.

12:27 PM --
Jim Mulligan, an attorney representing the Denver Metro Chamber of Commerce, the Metro Denver Economic Development Corporation, and the Colorado Competitive Council, testified in favor of the bill. He talked about the benefits of funding projects under the bill and commented on urban renewal authorities. Mr. Mulligan responded to questions about projects that may have been voted down by the public and how the bill would effect those. Mr. Mulligan explained that the projects under the bill still need to be reviewed.

12:36 PM --
Wendy Mitchell, representing Aurora Economic Development, testified in favor of the bill. She talked about other states that use sales tax revenue bonds and gave examples of projects that can be created under the bill. She also responded to questions from the committee about projects that may have been voted down by the public and how the bill would effect those. Representative Rice responded to the question and stated that the projects that have been voted down, were voted down because they asked the voters to commit general fund revenue to those projects.


BILL:SB09-173
TIME: 12:42:59 PM
MOVED:Gagliardi
MOTION:Moved amendment L.003 (Attachment B). The motion failed 8-3.

09HouseBus0317AttachB.pdf
SECONDED:Soper
VOTE
Balmer
No
Bradford
No
Gagliardi
Yes
Liston
No
Priola
No
Ryden
No
Scanlan
No
Soper
Yes
Stephens
No
Casso
Yes
Rice
No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:SB09-173
TIME: 12:47:29 PM
MOVED:Gagliardi
MOTION:Moved amendment L.002 (Attachment C). The motion failed 9-2.

09HouseBus0317AttachC.pdf
SECONDED:Soper
VOTE
Balmer
No
Bradford
No
Gagliardi
Yes
Liston
No
Priola
No
Ryden
No
Scanlan
No
Soper
Yes
Stephens
No
Casso
No
Rice
No
Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-173
TIME: 12:48:38 PM
MOVED:Soper
MOTION:Moved amendment L.004 (Attachment D). The motion failed 7-4.

09HouseBus0317AttachD.pdf
SECONDED:Gagliardi
VOTE
Balmer
No
Bradford
No
Gagliardi
Yes
Liston
No
Priola
No
Ryden
Yes
Scanlan
No
Soper
Yes
Stephens
No
Casso
Yes
Rice
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB09-173
TIME: 12:51:18 PM
MOVED:Rice
MOTION:Moved to refer Senate Bill 09-173 to the Committee of the Whole. The motion passed 10-1.
SECONDED:Balmer
VOTE
Balmer
Yes
Bradford
Yes
Gagliardi
No
Liston
Yes
Priola
Yes
Ryden
Yes
Scanlan
Yes
Soper
Yes
Stephens
Yes
Casso
Yes
Rice
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:52 PM

The committee adjourned.