h_jud_2017a_2017-02-21t10:34:35z0 Hearing Summary

Date: 02/21/2017

Location: HCR 0112

10:35 AM -- HB17-1112



The committee was called to order. A quorum was present. Representative Van Winkle, prime sponsor, presented House Bill 17-1112, concerning immunity from penalties for the unauthorized practice of a profession regulated by the Department of Regulatory Agencies for individuals who meet certain requirements. Representative Van Winkle explained the effect of the bill and discussed its need. Representative Van Winkle discussed the effect of some forthcoming amendments. Representative Wist noted a piece of legislation he sponsored in 2016 pertaining to the disciplinary process for improper licensure administered by the Department of Regulatory Agencies (DORA). Representative Van Winkle responded to questions regarding what constitutes "found" for the purposes of discovering improper licensure, and the types of penalties levied by DORA. The following persons testified regarding HB 17-1112:



10:47 AM -- Mr. Justin Vaughn, representing himself and the Sound Relief Hearing Center, testified in support of the bill. Mr. Vaughn recounted a situation where the principal of Sound Relief was inadvertently improperly licensed, and was subjected to penalties by DORA as a result. He addressed a question previously entertained by the committee, and described the basis for a forthcoming amendment. Mr. Vaughn responded to questions regarding the scope of the bill should it be amended as described. Discussion ensued regarding whether the bill would constitute special legislation if amended, and the proper scope for HB 17-1112.





11:01 AM



Discussion ensued regarding the scope of the problem addressed by HB 17-1112, and the potential for "bad actors" to abuse the dictates of the bill. Discussion followed regarding the remedies available to Mr. Vaughn's client.



11:14 AM -- Ms. Karen McGovern, representing DORA, testified in opposition to the bill. Ms. McGovern discussed the dangers created to the public by the passage of the bill, and ambiguities created by certain of the bill's language. Ms. McGovern responded to questions regarding the disciplinary approach taken by DORA in the circumstance described by Mr. Vaughn. Discussion ensued regarding this case. Ms. McGovern responded to questions regarding the discretion afforded to certain DORA officials in levying penalties for improper licensure, and the scope of the problem addressed by the bill.





11:29 AM



Discussion continued regarding the penalties levied by DORA for improper licensure in circumstances where a mistake has been made by the licensee, and the amount of business conducted by DORA. Discussion returned to the discretion afforded to DORA for penalizing licensees.





11:45 AM



Ms. McGovern responded to questions regarding guidance provided by DORA to the public for determining proper licensure. Ms. McGovern clarified the number of licensees overseen by DORA.



11:48 AM -- Mr. Cary Whitaker, representing the Colorado Mortgage Lenders Association, testified in opposition to the bill. Mr. Whitaker explained that the balance of regulation governing mortgage banking in Colorado is proper, and how the bill may put Colorado out of compliance with federal law in this area. Mr. Whitaker clarified how the federal Consumer Financial Protection Bureau would become the direct regulator of mortgage lending if the unamended version of the bill were to pass. He discussed the quality of DORA's work, and the oversight of his profession by the department.





11:56 AM



The committee recessed.





01:30 PM



The committee returned to order. Representative Van Winkle requested that HB 17-1112 be postponed indefinitely.