House Committee on Business Affairs and Labor (03/11/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Date:	03/11/2009	ATTENDANCE

Time:	10:09 AM to 10:05 PM	Balmer	X
		Bradford	*
Place:	HCR 0112	Gagliardi	X
		Liston	X
This Meeting was called to order by		Priola	X
	Representative Rice	Ryden	X
		Scanlan	*
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:
SB09-026 SB09-162 HB09-1170 HB09-1192		Amended, Referred to Appropriations Referred to Appropriations Amended, Referred to the Committee of the Whole Postponed Indefinitely

10:09 AM -- Senate Bill 09-026

Representative Riesberg, prime sponsor, presented Senate Bill 09-026 concerning the regulation of athletic trainers. Athletic trainers typically work with athletes in the identification, treatment, and prevention of injuries. The reengrossed bill requires individuals to register with the director of the Division of Registrations in the Department of Regulatory Agencies (DORA), in order to practice as an athletic trainer. Only individuals properly registered may use the title "athletic trainer" or otherwise represent themselves as such. In addition, the bill:

defines athletic trainers and the scope of their work;
specifies educational background, certifications, and examination requirements;
provides the DORA with the ability to set fees and schedule renewals of registrations;
establishes the grounds for disciplinary proceedings;
authorizes the director to take disciplinary actions, including required medical or psychological examinations; and
establishes a class 2 misdemeanor for conviction of the offense of practicing without an active registration.

The bill removes language giving the Board of Medical Examiners the authority to create rules and regulations concerning athletic trainers. This bill replaces, modifies, and expands upon existing statutory provisions. The program sunsets on July 1, 2015.

10:12 AM

Representative Riesberg talked about other states and held up a map that showed that the majority of states license athletic trainers and Senate Bill 09-026 would only register them. He mentioned that Colorado and Wyoming are the only states that do not regulate athletic trainers, but Wyoming introduced legislation to license athletic trainers this session that has passed both the House and the Senate and is currently on the Governor's desk. He walked the committee through the bill and talked about the exceptions included in the bill for student trainers, government employees, and traveling trainers.

10:20 AM -- Chris Mathewson, the Head Athletic Trainer at Ponderosa High School and President of the Colorado Athletic Trainers' Association, testified in support of the bill. Mr. Mathewson discussed the duties of athletic trainers and the problems created by their lack of regulation. He described the benefits of the regulations specified in the bill. Mr. Mathewson said on Friday, Wyoming's Governor signed their law and athletic trainers are now licensed in Wyoming. Representative Liston asked how many trainers are in the association. Mr. Mathewson stated that there are 556 trainers in the association and 706 certified trainers in the state.

10:26 AM -- Greg Holm, the head athletic trainer at Metro State College in Denver, representing the Colorado Athletic Trainers Association, testified in support of the bill. He talked about the education requirements and programs for athletic trainers in Colorado.

10:30 AM -- Jennifer Dougherty, a Certified Athletic Trainer and a representative of the Colorado Athletic Trainers' Association, testified in support of the bill. She stated that she is self-employed but cannot see patients until she receives referral and direction from a physician. She indicated that she is currently practicing in a "grey area," and that the bill would clarify her practice. She described her business, and noted that the bill would update regulations and would allow her to treat clients that she is not currently allowed to treat. Ms. Dougherty stated that the 2005 DORA report had indicated that the exemptions governing athletic trainers needed to be updated.

10:33 AM

Representative Riesberg discussed amendment L.005 (Attachment A).


BILL:	SB09-026
TIME:	10:35:15 AM
MOVED:	Soper
MOTION:	Moved amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Gagliardi
		VOTE
	Balmer
	Bradford
	Gagliardi
	Liston
	Priola
	Ryden
	Scanlan	Excused
	Soper
	Stephens
	Casso
	Rice

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-026
TIME:	10:36:02 AM
MOVED:	Gagliardi
MOTION:	Moved to refer Senate Bill 09-026, as amended, to the Committee on Appropriations. The motion passed 10-0.
SECONDED:	Casso
		VOTE
	Balmer	Yes
	Bradford	Yes
	Gagliardi	Yes
	Liston	Yes
	Priola	Yes
	Ryden	Yes
	Scanlan	Excused
	Soper	Yes
	Stephens	Yes
	Casso	Yes
	Rice	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

10:37 AM -- Senate Bill 09-162

Representative Liston, prime sponsor, presented Senate Bill 09-162 concerning the operation of the project by the state's Chief Information Officer to create an inventory of broadband service areas. He distributed an information sheet on the bill (Attachment B).

Under current law, the Office of Information Technology (OIT) is required to create an inventory of broadband service areas within Colorado. This bill, recommended by the Joint Select Committee on Job Creation and Economic Growth, expands the funding sources to pay for the project and extends the project's deadline. Specifically, the bill allows the OIT to accept grants from public entities, where current law limits acceptance to grants from private entities. The deadline for completing the inventory is extended from April 1, 2009, to November 1, 2009. The bill includes an appropriation of $351,537 cash funds from the Broadband Inventory Fund to the OIT for FY 2008-09.

Senate Bill 08-215 required the OIT to create an inventory of broadband service areas within Colorado and appropriated $21,000 in FY 2008-09 to cover OIT administrative costs related to that purpose. Since then, the OIT has incurred about $1,000 in costs to solicit and receive proposals from private vendors, seek funding from a variety of sources, and hold public meetings as required by SB 08-215.

10:41 AM

Representative Liston responded to questions.

10:43 AM -- John Conley, Deputy Director of the Governor's Office of Information Technology, testified in support of the bill. Mr. Conley responded to Representative Gagliardi's question regarding what happens to the money in the fund once the project is completed.


BILL:	SB09-162
TIME:	10:46:31 AM
MOVED:	Liston
MOTION:	Moved to refer Senate Bill 09-162 to the Committee on Appropriations. The motion passed 9-0.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	Yes
	Gagliardi	Yes
	Liston	Yes
	Priola	Excused
	Ryden	Yes
	Scanlan	Excused
	Soper	Yes
	Stephens	Yes
	Casso	Yes
	Rice	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:47 AM -- House Bill 09-1170

Representative Casso, prime sponsor, presented House Bill 09-1170 concerning unemployment insurance benefits for locked-out employees. The bill was previously heard by the committee on March 4 and 10. This bill allows an employee who is subject to an employer-initiated lock-out to receive unemployment benefits.

10:53 AM

Representative Rice redistributed Amendment L.005 with line numbers (Attachment C).


BILL:	HB09-1170
TIME:	10:53:10 AM
MOVED:	Rice
MOTION:	Moved amendment L.005 (Attachment C), as amended. The motion passed 6-5.
SECONDED:	Gagliardi
		VOTE
	Balmer	No
	Bradford	No
	Gagliardi	Yes
	Liston	No
	Priola	No
	Ryden	Yes
	Scanlan	Yes
	Soper	Yes
	Stephens	No
	Casso	Yes
	Rice	Yes

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1170
TIME:	10:56:38 AM
MOVED:	Rice
MOTION:	Moved amendment L.008 (Attachment D) to amendment L.005. The motion passed 10-1.
SECONDED:	Scanlan
		VOTE
	Balmer	Yes
	Bradford	No
	Gagliardi	Yes
	Liston	Yes
	Priola	Yes
	Ryden	Yes
	Scanlan	Yes
	Soper	Yes
	Stephens	Yes
	Casso	Yes
	Rice	Yes

Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1170
TIME:	11:07:18 AM
MOVED:	Scanlan
MOTION:	Moved amendment L.006 (Attachment E). The motion passed 6-5.
SECONDED:	Rice
		VOTE
	Balmer	No
	Bradford	No
	Gagliardi	Yes
	Liston	No
	Priola	No
	Ryden	Yes
	Scanlan	Yes
	Soper	Yes
	Stephens	No
	Casso	Yes
	Rice	Yes

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:14 AM

Representative Casso gave some closing comments and stated that the bill, as amended, gives more clarification than the original bill. He talked about the effects the bill will have on employees, unions, and employers. Representative Soper commented on the issue the bill is attempting to address. Representative Liston talked about his concerns over the unemployment insurance fund and stated that the unemployment rate that came out today is 6.6 percent. Representative Priola stated that he feels current law has been adequate over the last 10 years. Representative Balmer talked about the potential impact the bill will have on businesses in Colorado. Representative Rice said his goal with his amendments and the bill is to find the best public policy and not to find a compromise. He said that the bill now states that if a lock-out is a tactic used by unions, then the employees will not receive unemployment benefits, but if a lock-out is used as a tactic by employers, then the employees will receive unemployment benefits.


BILL:	HB09-1170
TIME:	11:22:37 AM
MOVED:	Casso
MOTION:	Moved to refer House Bill 09-1170, as amended, to the Committee of the Whole. The motion passed 6-5.
SECONDED:	Soper
		VOTE
	Balmer	No
	Bradford	No
	Gagliardi	Yes
	Liston	No
	Priola	No
	Ryden	Yes
	Scanlan	Yes
	Soper	Yes
	Stephens	No
	Casso	Yes
	Rice	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:23 AM

The committee recessed.

01:40 PM -- House Bill 09-1192

Representative McFadyen, prime sponsor, presented House Bill 09-1192 concerning the elimination of the alcohol percentage limitations on beer products sold in Colorado. HB09-1192 eliminates the limitation in current law on the percentage of alcohol contained in fermented malt beverages (beer with not more than 3.2 percent alcohol by weight), thereby allowing beer licensees to manufacture, sell at wholesale or retail, or distribute full strength beer. Employees of premises where beer is sold at retail in containers for off-premises consumption who are 18 to 20 years of age would be required to either comply with the server and seller training program requirements established by the Liquor Enforcement Division in the Department of Revenue or be supervised by a person on the licensed premises who is at least 21 years of age.

The bill becomes effective August 4, 2009, assuming the General Assembly adjourns sine die as scheduled on May 6, 2009, unless a referendum petition is filed.

01:49 PM

Representative McFadyen gave the history of liquor laws in Colorado and other states' laws. She gave some statistics on underage liquor sales by type of retailer.

02:02 PM -- Henry Sobanet, representing the Rocky Mountain Food Industry Association, testified in support of the bill and distributed a report of the economic impact of House Bill 09-1192 (Attachment F). He explained that he is the President of Colorado Strategies LLC, an economic and government affairs consulting firm, which prepared an economic analysis of House Bill 09-1192. Mr. Sobanet said that it is estimated that 700 to 900 liquor stores will close if this bill passes because 50 percent of their beer sales will go away. Mr. Sobanet talked about the profit margin for each type of liquor sold in Colorado. Mr. Sobanet continued to discuss the findings from the economic analysis. Mr. Sobanet responded to questions.

02:13 PM -- Dave Reitz, a consultant on alcoholic beverage law and regulation and the former Director of the Colorado Liquor Enforcement Division, testified in support of the bill. He distributed and explained some handouts that showed the number of sales to minors administrative violations from 2005 to 2008, beer alcohol content test results, and Colorado alcohol beverage sales comparison of 2007 versus 2008 (Attachment G). Mr. Reitz responded to a question from the committee regarding underage sales.

02:29 PM -- Sandip Mali, a 7 Eleven franchisee, testified in support of the bill. He said following the 2008 Sunday sales bill, his business lost a lot of money and he had to lay off employees.

02:32 PM -- Sejal Patel, a 7 Eleven franchisee, testified in support of the bill and talked about the negative effects the 2008 Sunday sales bill has had on her business. Representative Liston asked whether 7 Eleven can sell 3.2 beer 24 hours a day. Ms. Patel explained that they are only allowed to sell 3.2 beer until midnight. Representative Liston asked what customers are saying about 3.2 beer. Ms. Patel explained that customers are no longer coming in her store for 3.2 beer because they can buy full strength beer at liquor stores on Sundays. She said other customers have been asking when they can buy full strength beer at a convenience store. Representative Casso asked if the bill would allow them to compete with liquor stores. She said it would.

02:38 PM -- Don Willis, a 7 Eleven franchisee, testified in support of the bill. He said he has also seen a dramatic drop in beer sales since the Sunday sales bill was passed last summer. Mr. Willis responded to questions from the committee.

02:52 PM -- Jeff Krams, representing Loaf 'N Jug, testified in support of the bill and talked about the positive effects the bill would have on convenience stores. Mr. Krams said if the bill passes, they plan to hire about 64 employees. He explained that the company solely owns all the stores but bonuses are paid to employees based on sales. Representative McFadyen talked about a petition she has with about 100,000 signatures; 61,000 of which are signatures from 7 Elevens and the rest from stores like Loaf 'N Jug.

02:58 PM -- Tom Dargen, representing Gordon Bersch Brewery, testified in support of the bill and responded to questions from the committee.

03:14 PM -- Douglas Ratto, representing Safeway, testified in support of the bill. He said he feels that the concerns from the craft brewers is not factual and said they provide products consumers want to buy. Representative Ryden asked how the current stores would accommodate additional beer products.

03:23 PM -- Bill Gallagher, Chair of the Colorado Petroleum Marketers Association, testified in support of the bill. He said about 6 out of 10 convenience stores are small businesses. Mr. Gallagher said 70 percent of revenue in convenience stores is from gas, but gas is typically sold without margin and is not enough to sustain the stores. He talked about the effects of the Sunday sales law on his business. Representative Gagliardi asked some questions about the term C-Store that he used. He said it refers to a convenience store that sells quick service items and gas.

03:29 PM -- Mary Szarmach, Vice President of Trade Marketing, Smoker Friendly International, testified in support of the bill. She talked about the effects of the Sunday sales bill.

03:31 PM -- Buzz Calkins, representing Barry Petroleum, testified in support of the bill. He said it has been difficult to sell low cost gas since the passage of the Sunday sales law. Mr. Calkins responded to questions from the committee. Representative Ryden asked how many different types of 3.2 beers there are. Mr. Calkins said mostly the large beers like Coors and Miller provide it.

03:39 PM -- Rich Spresser, representing Pester Marketing, testified in support of the bill and responded to questions.

03:43 PM

Representative McFadyen asked Mr. Spresser to list the products that are being sold in liquor stores that are under the 3.2 limit.

03:44 PM -- Scott Paulson, representing Silco Oil, testified in support of the bill. He said the current law restricts him from competing with other businesses.

03:48 PM -- Lamont Hull, representing Hill Petroleum, testified in support of the bill.

03:50 PM -- Laura Harris, representing the Department of Revenue, Director of the Division of Liquor Enforcement Division, responded to questions from the committee.

03:57 PM -- Stan Dempsey, President of the Colorado Petroleum Association, testified in support of the bill.

04:00 PM -- Richard Oneslager, representing Balmar Management Group, LLC, testified in support of the bill and talked about his convenience stores. Mr. Oneslager responded to questions from the committee.

04:12 PM -- Mark Larson, representing the Colorado Wyoming Petroleum Marketers Association, testified in support of the bill. He talked about the effects of the Sunday sales bill. Mr. Larson stated that when Sunday sales was taken away, they should have taken away the 3.2 beer. He talked about another bill that would have allowed liquor stores to sell food that died.

04:18 PM -- Jeanne McEvoy, the Executive Director of the Colorado Licensed Beverage Association, testified against the bill and distributed a handout (Attachment H). She talked about some potential amendments to the bill.

04:28 PM -- Lieutenant Steve Neumeyer, an Aurora Police representative, spoke in opposition to the bill.

04:29 PM -- Korey Nelson, an attorney representing himself, testified in opposition to the bill. He said he is providing the perspective of local control and community. He spoke to the liquor code and how the bill will affect the local control over liquor licensing. He stated that the bill will affect the ability of the police to use their resources wisely regarding compliance checks. Mr. Nelson stated that it is less likely that teenagers try to acquire liquor at convenience stores since they only sell 3.2 beer which is not as potent as full strength beer. He questioned whether there are enough resources to maintain and keep abreast of the required compliance checks if the bill were to pass.

04:40 PM -- Miccki Langston, representing the Mile Hi Business Alliance, testified in opposition to the bill. She stated that Mile Hi Business Alliance is a group of local businesses that are owned by individuals who live in Colorado. She stated that grocery stores are not allowed to sell liquor and that liquor stores are not allowed to sell food. She stated that people will buy what is cheaper and what is more available to them and that the bill will substantially change the market. Ms. Langston explained that a national chain will sell a national brand, not a beer that is made by a locally based beer brewery. She said it is more than retail sales, it's about the local small businesses in Colorado.

04:44 PM -- John Ribal, representing the Pueblo Licensed Beverage Association, testified in opposition to the bill. Mr. Ribal spoke to the notion that the bill will level the playing field. He stated that convenience stores are open longer than liquor stores, which when added up, equates to approximately 45 more days of business.

04:49 PM -- Pat Ratliff and Tom Binnings, representing the Pueblo Licensed Beverage Association, spoke in opposition of the bill. Ms. Ratliff explained to the committee that she was hired to provide information on the economic impacts of the bill. She spoke to the Executive Summary report regarding the economic impacts of the bill. Tom Binnings, from the Liquor Store Association, spoke about the economic impact study. Mr. Binnings described a variety of data regarding how many liquor stores might close if House Bill 09-1192 passes. He talked about the options the liquor stores have to make up the loss in revenues. Mr. Binnings responded to questions from the committee. Representative Priola mentioned that liquor stores would still have a monopoly over wine and spirits. Mr. Binnings responded.

05:24 PM -- Eric Wallace, representing Left Hand Brewing Company and Vice President of the Colorado Brewers Guild, testified against the bill and distributed a poster (Attachment I) that illustrated an ad from Safeway's store in Colorado with a liquor license. He talked about the grocery stores' ability to sell beer for a much lower cost than liquor stores can. Mr. Wallace responded to questions of the committee.

05:41 PM

Representative McFadyen commented on the poster and the type of license that Safeway holds.

05:44 PM -- Jack Sosebee, representing Del Norte Brewing, testified against the bill. He talked about what it will look like when beer moves into grocery stores and referred to the ad Mr. Wallace distributed.

05:51 PM -- Nick DiGiacommo, representing Marketplace Liquor in Brighton, testified against the bill. He said 46 percent of his sales are from beer sales.

05:58 PM -- Jim Dean, representing Westminster Total Beverage, testified against the bill and distributed a handout (Attachment J). He talked about the effects the Sunday sales bill has had on his business and said he has been equally effected. Mr. Dean stated that all the convenience stores have to do is obtain a liquor license like the liquor stores. Representative McFadyen clarified that a convenience store cannot have a liquor license which is why the law needs to be changed.

06:22 PM -- Pat Karns, representing Colorado Pure Distilling, testified against the bill.

06:22 PM -- John Gerlich, representing Bookcliff Wines, testified against the bill.

06:23 PM -- Dennis Dinsmore, representing Colorado Community Liquor, testified against the bill and explained that an individual or company can own one liquor license in Colorado.

06:36 PM -- Jeff Liem, representing the Korean Liquor Association and the owner of a liquor store, testified against the bill.

06:51 PM -- Nick Mead, testifying as a liquor store customer, testified regarding his belief that customer services will decline as a result of the bill.

06:55 PM -- Dale Terry, representing Chips Distributing, testified against the bill, expressing concern that it will be difficult for him to compete with large grocery stores.

06:58 PM -- John Griffin, representing Indigo Payments, testified against the bill.

07:09 PM -- Monty Haltiner, representing Crossroads Wine and Spirit, testified against the bill and stated that the bill is too vague.

07:22 PM -- Mark Thomas, from Sanborn and Company, testified against the bill.

07:26 PM -- Barbara Teish, representing the CBRE Commercial Development, testified against the bill.

07:29 PM -- Emily Tompkins, representing the Mothers Against Drunk Driving, testified against the bill. She said the bill will increase the risk of underage drinking. Ms. Tompkins talked about compliance checks.

07:36 PM

Representative McFadyen responded to Ms. Tompkins' testimony.

07:37 PM -- Scott Robinson, representing the Colorado Community Liquor Store Coalition, testified against the bill.

07:51 PM -- Alan Jenks, representing Bacchus Wine and Spirits, testified against the bill and distributed and discussed a handout that showed the annual store fiscal revenues and net income for convenience stores and grocery stores (Attachment K). Mr. Jenks responded to questions to the bill.

08:01 PM -- Eugene Kahng, representing himself and his business, testified against the bill. He talked about other states that allow grocery stores to sell full strength beer and liquor and the effects that has had on liquor stores in those states.

08:03 PM -- Dave Sheuy, representing Foss Building Wine and Spirits in Golden, testified against the bill.

08:10 PM

Chairman Rice announced that he would read through the remaining witnesses signed up to testify and for members of the audience to either stand up and state they are opposed to the bill or tell the chair they would like to speak and he will call them up later so they can testify. The following people stood up and said they were opposed to the bill:

08:11 PM -- Beverly DeMoss, representing Riverwalk Wine and Spirits.

08:13 PM -- Jeff Jensen, representing Dudley's Discount Liquor.

08:14 PM -- Richard Schoft, representing Aggie Liquors.

08:15 PM -- Henry Wood, representing Upslope Brewing Company.

08:15 PM -- Hal Rogers, representing Rocky Mountain Liquor Mart.

08:15 PM -- Kim Schottleutner, representing DTC Wine and Spirits.

08:16 PM -- David Heller, representing Heritage Wine and Liquors.

08:16 PM -- Douglas Lidiak, representing Bittersweet Liquors.

08:16 PM -- Jim Little.

08:16 PM -- Tom Desta.

08:17 PM -- Andrew Chae, representing himself, testified against the bill. He talked about the effects the bill will have on liquor stores.

08:20 PM -- Hake Gezamagn, representing himself, testified against the bill and talked about the effects the bill will have on his business.

08:22 PM -- Kathy Lane, representing herself as a liquor store owner, testified against the bill. She said that 60 percent of her sales are beer sales and she said if that goes away, her business will suffer.

08:27 PM -- Erik Maxson, representing breweries in Durango Colorado, testified against the bill and talked about the impact the bill will have on rural businesses.

08:33 PM -- Sharon Midcap, representing herself, a liquor store owner from Fort Morgan, testified against the bill. She talked about the cost in the poster that was previously distributed and stated that she cannot even buy the beer for the price the grocery stores sell it. Ms. Midcap said 70 percent of her sales are beer.

08:36 PM -- Mark Rubin, representing himself, a liquor store owner, testified against the bill talked about the effects the bill will have on his store including him having to lay off employees.

08:39 PM -- Diane Turek, representing West Ranch Center, testified against the bill. She talked about the effects the bill will have on the tenants in her building.

08:41 PM -- Ken Horn, representing himself and Brian Noland, testified against the bill. He talked about the differences between Colorado and other states that have implemented similar legislation.

08:45 PM -- Larry Gray, representing Bottles, testified against the bill.

08:50 PM -- Drew Owen, representing Centennial Wine and Spirits, a second generation owner, testified against the bill. He talked about the charity work that he does for his community.

08:53 PM -- Andy Touch, representing Ted's Liquor, testified against the bill.

08:58 PM -- Mark Johnson, representing Foothills Liquor, testified against the bill.

08:58 PM -- Brian Slanovich, a liquor store owner in Sloans lake, testified against the bill and said he has spent two years and over $100,000 on his store.

09:01 PM -- Jon Guelzow, representing Biggie Wine and Liquor, testified against the bill.

09:05 PM -- Hassan Mattjoub, representing himself, testified against the bill. He talked about the effects the bill will have on his business and his ability to support his family.

09:08 PM

Representative McFadyen asked her witnesses, Mr. Sobanet and Mr. Reitz, to come back to the table to respond to some testimony. Mr. Sobanet briefly addressed the fiscal note. Mr. Reitz talked about the concerns over the current liquor licenses offered in Colorado. Representative McFadyen said she feels there is no economically viable product left in 3.2 beer.


BILL:	HB09-1192
TIME:	09:17:57 PM
MOVED:	Casso
MOTION:	Moved amendment L.003 (Attachment L), as amended by L.006. The motion failed 8-3.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	No
	Gagliardi	No
	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:	HB09-1192
TIME:	09:31:03 PM
MOVED:	Casso
MOTION:	Moved amendment L.006 (Attachment M) to amendment L.003. The motion passed 6-5.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	No
	Gagliardi	No
	Liston	Yes
	Priola	Yes
	Ryden	No
	Scanlan	No
	Soper	Yes
	Stephens	No
	Casso	Yes
	Rice	Yes

Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1192
TIME:	09:38:42 PM
MOVED:	Liston
MOTION:	Moved amendment L.008 (Attachment N). The motion passed 7-4.
SECONDED:	Casso
		VOTE
	Balmer	Yes
	Bradford	No
	Gagliardi	No
	Liston	Yes
	Priola	Yes
	Ryden	No
	Scanlan	No
	Soper	No
	Stephens	No
	Casso	Yes
	Rice	No

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1192
TIME:	09:47:01 PM
MOVED:	Casso
MOTION:	Moved amendment L.002 (Attachment O). The motion passed 6-5.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	No
	Gagliardi	No
	Liston	Yes
	Priola	Yes
	Ryden	No
	Scanlan	No
	Soper	No
	Stephens	No
	Casso	Yes
	Rice	Yes

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1192
TIME:	09:51:56 PM
MOVED:	Casso
MOTION:	Moved to refer House Bill 091192- to the Committee of the Whole. The motion failed 7-4.
SECONDED:	Balmer
		VOTE
	Balmer	Yes
	Bradford	No
	Gagliardi	No
	Liston	No
	Priola	Yes
	Ryden	No
	Scanlan	No
	Soper	Yes
	Stephens	No
	Casso	Yes
	Rice	No

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1192
TIME:	10:01:40 PM
MOVED:	Soper
MOTION:	Moved to postpone House Bill 09-1192 indefinitely. The motion passed 8-3.
SECONDED:	Priola
		VOTE
	Balmer	No
	Bradford	Yes
	Gagliardi	Yes
	Liston	No
	Priola	Yes
	Ryden	Yes
	Scanlan	Yes
	Soper	Yes
	Stephens	Yes
	Casso	No
	Rice	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:05 PM

The committee adjourned.