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H_TLG_2020A 01/28/2020 10:27:28 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON TRANSPORTATION & LOCAL GOVERNMENT
Date 01/28/2020
Attendance
Carver X
Catlin *
Froelich X
Hooton X
Humphrey X
Melton X
Valdez A. X
Valdez D. X
Wilson X
Exum X
Gray X
Time 10:27:28 AM to 12:18:46 PM
Place LSB A
This Meeting was called to order by Representative Gray
This Report was prepared by April Bernard
Hearing Items Action Taken
HB20-1042 Referred to the Committee of the Whole
Presentation from Colorado Municipal League Committee Discussion Only
Presentation from Colorado Counties, Incorporated Committee Discussion Only
Sunset Review Hearing - Private Investigators Licensure Act Committee Discussion Only
Presentation from the Special District Association of Colorado Committee Discussion Only
Presentation from Counties and Commissioners Acting Together Committee Discussion Only
Presentation from Associated Governments of Northwest Colorado Committee Discussion Only

X = Present, E = Excused, A = Absent, * = Present after roll call

HB20-1042 - Referred to the Committee of the Whole


10:27:54 AM  

Representatives Valdez D. and McKean introduced House Bill 20-1042, concerning a modification of the notice requirements for manufacturers of class B firefighting foam that contains perfluoroalkyl and polyfluoroalkyl substances.  The bill corrects a date in the law within which manufacturers must notify sellers about the state's new regulation of these substances.  The law, passed in 2019 through HB 19-1279, directed sellers to be notified no less than one year prior to the enactment of the law, which is impossible since the effective date of the law was August 2, 2019, and the law did not exist prior.

10:29:19 AM  

The bill sponsors answered committee questions.



10:31:25 AM
Motion Refer House Bill 20-1042 to the Committee of the Whole.
Moved Valdez D.
Seconded Melton
Carver Yes
Catlin Excused
Froelich Yes
Hooton Yes
Humphrey Yes
Melton Yes
Valdez A. Yes
Valdez D. Yes
Wilson Yes
Exum Yes
Gray Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Sunset Review Hearing - Private Investigators Licensure Act - Committee Discussion Only


10:31:48 AM  
Richard Sweetman, representing the Office
of Legislative Legal Services, provided information about the sunset review
process.
10:33:40 AM  

Mr. Sweetman responded to questions about the process and the draft bill.

10:34:59 AM  

Bryan Jameson, representing the Department of Regulatory Agencies (DORA), provided the committee with information about the sunset process and the review of the Private Investigators Licensure Act. The report is on the department's website (https://www.colorado.gov/pacific/dora-oprrr/node/143196/).  Mr. Jameson talked about the criteria for review.

10:49:12 AM  
Mr. Jameson responded to questions about professionalism of the industry and the connection to licensure; exemptions from private investigator licensure for professionals already being regulated through other laws or rules; current requirements for private investigator licensure; the voluntary licensure program, including budget; individuals doing business as private investigators; and the effectiveness of the regulation.
11:05:29 AM  

Mr. Jameson continued to respond to questions from the committee, including regulation in other states; history of complaints, including applicant history prior to licensure; credibility of unlicensed private investigators in court; fees generated for staff administering the program; the jurisprudence exam for investigators; the recommendation to discontinue licensure; the surety bond requirement; requirements for continuing education; and the regulation of other professions.

11:17:02 AM  

Robert Orozco, representing the Professional Private Investigators Association of Colorado, testified in opposition to sunsetting the Private Investigators Licensure Act.

11:17:03 AM  

Ryan Johnston, representing the Professional Private Investigators Association of Colorado, testified in opposition to sunsetting the Private Investigators Licensure Act.

11:22:23 AM  

Mr. Orozco and Mr. Johnston responded to committee questions, including the criteria for regulation of private investigators in the statutes, such as the necessity of regulation to protect public health, safety and welfare; the least restrictive form of regulation while protecting the public; the oversight of DORA, especially operating in the interest of the public; the oversight of DORA, with regards to efficiency and effectiveness; the oversight of DORA, with regards to including the public; the economic impact of regulation, especially in terms of stimulating or limiting competition; complaint investigation and discipline to protecting the public; the scope of practice contributing to affirmative action and the effective use of personnel; how disqualifications and discipline for the profession serves the public; and any necessary changes needed to the law.

11:36:57 AM  

Mr. Orozco and Mr. Johnston continued to respond to committee questions, including discipline that the association provides to professionals. The association offers an ethics committee. There were also questions about the body that initially recommended renewal of licensing and the continued requirement of the jurisprudence exam.

11:41:18 AM  

Peter Smith, representing his investigation company, testified in opposition to sunsetting the Private Investigators Licensure Act.

11:41:19 AM  

Tan Smyth, representing herself, testified in opposition to sunsetting the Private Investigators Licensure Act.

11:41:20 AM  

Lydia Waligorski, representing Violence Free Colorado, testified in opposition to sunsetting the Private Investigators Licesnure Act.

11:41:21 AM  

Chair Gray laid over the Sunset Review Hearing to later in the committee meeting.



Presentation from Colorado Municipal League - Committee Discussion Only


11:50:31 AM  

Meghan Dollar, representing the Colorado Municipal League, provided a handout on key municipal issues (Attachment A) and made announcements.



Presentation from Colorado Counties, Incorporated - Committee Discussion Only


11:52:52 AM  

Gini Pingenot, representing Colorado Counties, Inc., provided information about the organization and introduced staff. Ms. Pingenot talked about what the organization is working on and provided a packet (Attachment B). She included information about the unfunded mandate statute.

 

 



Sunset Review Hearing - Private Investigators Licensure Act - Committee Discussion Only


11:58:25 AM  

The committee discussed the amount of time until the next sunset review.

11:59:40 AM  

A conceptual amendment was motioned to sunset the Act in 10 years.  After some discussion the amendment was withdrawn.



12:00:08 PM
Motion Continue next sunset review for five years.
Moved Melton
Seconded Wilson
Carver
Catlin
Froelich
Hooton
Humphrey
Melton
Valdez A.
Valdez D.
Wilson
Exum
Gray
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


12:01:32 PM
Motion Create a bill, including the amendment about the sunset of the Act in five years.
Moved Melton
Seconded Wilson
Carver Yes
Catlin Yes
Froelich Yes
Hooton Yes
Humphrey Yes
Melton Yes
Valdez A. Yes
Valdez D. Yes
Wilson Yes
Exum Yes
Gray Yes
YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
12:01:33 PM  

The committee agreed to the following sponsors for the bill, Representatives Melton and Wilson.  Co-sponsors of the bill include Representatives Hooton, Exum, Catlin, and Gray.



Presentation from the Special District Association of Colorado - Committee Discussion Only


12:03:37 PM  

Michael Valdez, representing the Special District Association of Colorado, provided a packet to the committee (Attachment C) and introduced staff. Mr. Valdez included an overview of member organizations. Mr. Valdez indicated that the association will focus on home buyers and special district taxes, as well as special district elections this session.  He talked about home buyers being aware of taxes within a metro district prior to closing when the contract to buy the home is signed. Mr. Valdez also talked about notification of special district association elections.



Presentation from Counties and Commissioners Acting Together - Committee Discussion Only


12:09:11 PM  
Guyleen Castriotta, representing Counties and Commissioners
Acting together, provided information about the organization (Attachment
D). She talked about the focus of the organization and legislative priorities
this session. Affordable housing and a statewide solution to transportation
challenges, including multimodal modes of transportation and use of current
funds will be priority this year.



Presentation from Associated Governments of Northwest Colorado - Committee Discussion Only


12:15:16 PM  

Richard Orf, representing the Associated Governments of Northwest Colorado, talked about the areas represented by the organization. Mr. Orf spoke about the activities of the organization.  He indicated that broadband, economic development, and transportation are important for the organization this year.


12:18:46 PM   The committee adjourned.






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