Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:03/03/2009
ATTENDANCE
Time:09:51 AM to 10:55 AM
Balmer
*
Bradford
X
Place:HCR 0112
Gagliardi
X
Liston
X
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
X
Casso
X
Rice
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1210
HB09-1276
SB09-070
Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole


09:51 AM -- House Bill 09-1210

Representative McGihon, prime sponsor, presented House Bill 09-1210 concerning the requirement that private employers provide paid sick leave to employees. This bill creates the Health Families and Workplaces Act which requires private employers in Colorado with more than 5 employees to provide paid sick leave to their employees. The bill requires:

Employees can carry sick leave forward to use in years after it was accrued. Paid sick leave can be used for the employee's own health issues, health issues of an employee's family member, and for absences related to an employee or employee family member being a victim of abuse.

The Division of Labor in the Department of Labor and Employment is required to adopt rules, create notices with information about the bill, monitor compliance and investigate complaints.











09:54 AM

Representative McGihon discussed the benefits of employees having paid sick leave. She talked about the most common industries that do not provide paid sick leave, including day care workers and service workers. Representative McGihon gave the example of a Chipolte employee who went to work sick with the noro virus and infected 500 people because he did not have paid sick days. She also talked about the benefits of parents being allowed to stay home with their sick children. Representative McGihon gave some examples of people who do not receive paid sick days and the problems they have faced. She listed some places that have implemented similar laws, including San Francisco, Washington D.C., and Milwaukee. Representative McGihon talked about the fiscal note and stated that now is not the time for this bill and asked the committee to postpone the bill indefinitely. She advised the committee she would continue working on the issue.


10:08 AM

Representative Stephens said she would be interested in additional information on this issue and the states that have held back from passing similar legislation due to fiscal concerns. Representative McGihon stated that she had given the committee a notebook that provided extensive research on the issue. Representative Stephens acknowledged receiving the materials, but said she would like more information.
BILL:HB09-1210
TIME: 10:10:25 AM
MOVED:Soper
MOTION:Moved to postpone House Bill 09-1210 indefinitely. The motion passed 11-0.
SECONDED:Gagliardi
VOTE
Balmer
Yes
Bradford
Yes
Gagliardi
Yes
Liston
Yes
Priola
Yes
Ryden
Yes
Scanlan
Yes
Soper
Yes
Stephens
Yes
Casso
Yes
Rice
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS














10:15 AM -- House Bill 09-1276

Representative Ferrandino, prime sponsor, presented House Bill 09-1276 concerning a delay in the foreclosure of residential property for eligible borrowers that was previously heard on February 18, 2009. The bill allows an eligible borrower to defer a foreclosure sale on a residential property for 90 days. The borrower must contact a foreclosure counselor within 20 days after the notice of election and demand is received by the public trustee of the county in which the property is located. A notice of election and demand is the document that starts the foreclosure process once recorded. A foreclosure counselor is defined as a housing counselor employed by an agency approved by the United States Department of Housing and Urban Development, including housing counselors affiliated with the Colorado Foreclosure Hotline and the Hope for Homeowners Hotline. Foreclosure counselors would have immunity and would not be liable to any person for approving or failing to approve a borrower for a foreclosure deferment or for certifying or declining to certify an early termination.

If a loan holder receives notice that a borrower is eligible for a loan deferment, the loan holder must defer the foreclosure for 90 days. The bill identifies criteria that a foreclosure counselor must consider when determining whether a borrower is eligible for a loan deferment. The borrower must make payments during the 90-day deferment period equal to two-thirds of the monthly payment due prior to delinquency, plus one-twelfth of the annual amount due for taxes and insurance.

The Division of Housing in the Department of Local Affairs would provide a description of the foreclosure deferment program to foreclosure counselors. The division would also develop a standard form in English and Spanish that can be posted on the front door of a property that is the subject of a notice of election and demand that provides information regarding how to pursue a mortgage foreclosure deferment. The bill is repealed, effective June 30, 2011.


10:21 AM

Representative Ferrandino distributed amendment L.002 (Attachment A), L.003 (Attachment B), and a fact sheet on amendment L.002 (Attachment C).

09HouseBus0303AttachA.pdf 09HouseBus0303AttachB.pdf

09HouseBus0303AttachC.pdf

















10:21 AM

Carol Snyder, Adams County Public Trustee, representing the Colorado Public Trustees Association, talked about the amendments to the bill and the concerns they address. Representative Gagliardi asked how often the trustee receives incomplete packets. Ms. Snyder explained that the packets come from the lender's attorney, are reviewed by the public trustee for accuracy, and that they can be inaccurate fairly frequently. Representative Liston asked about the increase in work load for the trustees and why it did not generate a fiscal impact. Ms. Snyder explained that the public trustees already review these documents. Representative Priola asked about the federal plan for foreclosures.
BILL:HB09-1276
TIME: 10:32:38 AM
MOVED:Gagliardi
MOTION:Moved amendment L.002 (Attachment A), as amended by L.003 (Attachment B). The motion passed without objection.
SECONDED:Scanlan
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Casso
Rice
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




















BILL:HB09-1276
TIME: 10:32:54 AM
MOVED:Scanlan
MOTION:Moved amendment L.003 (Attachment B) to amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:Gagliardi
VOTE
Balmer
Bradford
Gagliardi
Liston
Priola
Ryden
Scanlan
Soper
Stephens
Casso
Rice
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


10:34 AM

Representative Ferrandino gave some closing remarks on the bill. He responded to the concerns over the fiscal note and said that a lot of the requirements in the bill are already being done. Representative Balmer asked about the Spanish requirement provided in the bill and whether that is a new requirement. Representative Ferrandino said it is a new requirement that came from the lenders and lenders' attorneys who work in areas that are predominately Spanish speaking. Representative Liston asked whether people who do not qualify for the program could potentially use the bill to draw out their foreclosure process. Representative Ferrandino said he worked with the lenders to make sure that would not happen and explained that the HUD counselor determines if the borrower is eligible or not. If the borrower is not eligible, then they cannot use any provisions in the bill.



















BILL:HB09-1276
TIME: 10:40:36 AM
MOVED:Gagliardi
MOTION:Moved to refer House Bill 09-1276, as amended, to the Committee of the Whole. The motion passed 7-4.
SECONDED:Scanlan
VOTE
Balmer
No
Bradford
No
Gagliardi
Yes
Liston
No
Priola
Yes
Ryden
Yes
Scanlan
Yes
Soper
Yes
Stephens
No
Casso
Yes
Rice
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:42 AM -- Senate Bill 09-070

Representative Acree, prime sponsor, presented Senate Bill 09-070. The bill conforms the workers' compensation statute with sections of the law that were amended in a prior session, clarifies certain sections, and deletes a section that was found to be unconstitutional.

01:43 PM --
Bob Summers, Director of the Division of Workers' Compensation at the Colorado Department of Labor and Employment, explained each of the sections of the bill. Representative Soper asked whether the bill will shift any balance between the employer and employee. Mr. Summers said it is only a technical bill..



















BILL:SB09-070
TIME: 10:50:43 AM
MOVED:Scanlan
MOTION:Moved to refer Senate Bill 09-070 to the Committee of the Whole. The motion passed 10-0.
SECONDED:Balmer
VOTE
Balmer
Yes
Bradford
Yes
Gagliardi
Yes
Liston
Yes
Priola
Excused
Ryden
Yes
Scanlan
Yes
Soper
Yes
Stephens
Yes
Casso
Yes
Rice
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


10:55 AM

The committee adjourned.