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S_BLT_2017A 02/13/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON BUSINESS, LABOR, & TECHNOLOGY

Date: 02/13/2017
ATTENDANCE
Time: 02:05 PM to 07:40 PM
Jahn
X
Kerr
X
Place: SCR 354
Priola
X
Smallwood
X
This Meeting was called to order by
Williams A.
X
Senator Tate
Neville T.
X
Tate
X
This Report was prepared by
Jeanette Chapman
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-042

SB17-088

SB17-143
Postponed Indefinitely

Amended, Referred to Senate Appropriations

Amended, Referred to the Committee of the Whole





02:05 PM -- SB 17-042



Senator Guzman and Senator Donovan introduced Senate Bill 17-042, concerning the repeal of existing restrictions on the ability of a local government to provide certain electronic communications services. Under current law local governments are prohibited from providing cable television, telecommunication services, or high speed internet generally, without first receiving voter approval. Local governments that do provide these services must comply will all state and federal laws, rules, and regulations governing the service by a private provider and may not grant preferences or discriminate in the provision of the services. This bill repeals these restrictions and allows local governments to provide cable television, telecommunication services, or high speed internet without having to obtain voter approval. The sponsors provided a packet of handouts to the committee (Attachments A, B, and C).



170213 AttachA.pdf170213 AttachA.pdf170213 AttachB.pdf170213 AttachB.pdf170213 AttachC.pdf170213 AttachC.pdf



02:17 PM --
Norm Steen, Colorado Counties, Inc. (CCI), spoke in support of the bill and provided a handout to the committee (Attachment D). Mr. Steen responded to questions from the committee.



170213 AttachD.pdf170213 AttachD.pdf













02:26 PM --
Blake Mobley, Rio Blanco County, spoke in support of the bill. He responded to questions from the committee.



02:34 PM --
Lynn Black, San Miguel County, spoke in support of the bill. She responded to questions from the committee.



02:39 PM --
Lynn Padgett, San Miguel County, spoke in support of the bill. She responded to questions from the committee.



02:45 PM --
Miriam Gillow-Wiles, Southwest Colorado Council of Governments, spoke in support of the bill.



02:49 PM --
Roger Zalneraitis, La Plata County Economic Development Alliance, spoke in support of the bill.



02:53 PM --
Jared Musterson, East Central BOCES, spoke in support of the bill. He responded to questions from the committee.



02:59 PM --
Lew Gaiter, CCI, Larimer County Commissioner, spoke in support of the bill. He responded to questions from the committee.



03:09 PM --
Eric Bergman, CCI, spoke in support of the bill.



03:11 PM --
Drew Davis, Larimer County, spoke in support of the bill.



03:16 PM --
Ken Fellman, Colorado Communications and Utility Alliance, spoke in support of the bill.



03:22 PM --
Nick Colglazer, Colorado Competitive Council, spoke in opposition to the bill. He responded to questions from the committee.



03:33 PM --
Tim Miles, Steamboat Springs School District, spoke in support of the bill. He responded to questions from the committee.



03:40 PM --
Jeff Hart, Colorado Common Cause, spoke in support of the bill. He responded to questions from the committee.



03:45 PM --
Pete Kirchhoff, Colorado Telecommunications Association, spoke in opposition to the bill. He provided a handout to the committee (Attachment E).



170213 AttachE.pdf170213 AttachE.pdf



03:48 PM --
Kevin Bommer Colorado Municipal League, spoke in support of the bill.



03:51 PM --
Jeff Weist, Colorado Cable Telecommunications Association, spoke in opposition to the bill. He responded to questions from the committee.















03:59 PM



Senator Donovan made closing comments on the merits of the bill. She responded to questions from the committee.

BILL: SB17-042
TIME: 04:08:06 PM
MOVED: Kerr
MOTION: Refer Senate Bill 17-042 to the Committee of the Whole. The motion failed on a vote of 3-4.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
No
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
No
YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB17-042
TIME: 04:10:41 PM
MOVED: Neville T.
MOTION: Postpone Senate Bill 17-042 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 4-3.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
Yes
Smallwood
Yes
Williams A.
No
Neville T.
Yes
Tate
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:12 PM



The committee took a recess.











04:17 PM -- SB 17-088



Senator Holbert and Senator Williams introduced Senate Bill 17-088, concerning the criteria used by a health insurer to select health care providers to participate in the insurer's network of providers. If a health insurer offers a narrow network or a tiered network, this bill requires the health insurer to develop, use, and disclose to participating and prospective healthcare providers, consumers, and the Commissioner of Insurance, the standards it uses for selecting providers to participate in its network. Selection, narrowing, and tiering standards cannot:



allow the insurer to discriminate against high-risk populations;

exclude providers because they treat or specialize in treating high risk patients;

allow an insurer to utilize economic criteria to credential a provider; or

discriminate against any provider who is acting within the scope of the provider's license or certification under applicable state laws or rule.



For networks that an insurer markets as representing quality or value, the insurer must include a quality component in its standards that carries an equal or greater weight than other components of the standards. Quality criteria must be based on specialty-appropriate, nationally recognized, evidence-based medical guidelines or nationally recognized, consensus-based guidelines. An insurer may use professional certification or accreditation in determining provider quality of care but not as the sole factor in determining provider quality.



The bill requires that at least 45 days prior to taking an adverse action against a provider, that an insurer provide written notice to the provider with an explanation of the proposed adverse action, reference to the evidence or documentation behind the decision, and to inform the provider of the right to request the insurer to reconsider the adverse action. The bill requires insurers to establish a reconsideration process with specific deadlines.



An insurer that violates the provisions of this bill engages in an unfair or deceptive act or practice in the business of insurance. Under current law, an insurer found to have committed an unfair or deceptive practice by the Commissioner of Insurance may face a range of potential disciplinary actions, including a fine of up to $30,000 per act and up to $750,000 in aggregate per year for knowingly committing such violation as well as suspension or revocation of an insurer's license.



04:31 PM --
Dr. Robert Yakely, Colorado Medical Society (CMS), spoke in support of the bill. He provided a handout to the committee (Attachment F). He responded to questions from the committee.



170213 AttachF.pdf170213 AttachF.pdf



04:36 PM --
Dr. James Boyd, CMS, spoke in support of the bill.



04:41 PM --
Randal Crowden, representing himself, spoke in support of the bill. He responded to questions from the committee.



04:45 PM --
Dr. Helen Story, representing herself, spoke in support of the bill.



04:49 PM --
Dr. Tamaan Osbourne-Roberts, Colorado Academy of Family Physicians, spoke in support of the bill. He responded to questions from the committee.



05:01 PM --
Charlie Sheffield, Colorado Association of Health Plans, spoke in opposition to the bill.













05:05 PM --
Marc Reece, Aetna, spoke in opposition to the bill. He responded to questions from the committee.



05:21 PM -- Dr. Kent Yount, Colorado Optometric Society, spoke in support of the bill.



05:26 PM --
Dr. Anna Weyand, Colorado Society of Anesthesiologists, spoke in support of the bill.



05:29 PM --
Dr. Mark Laitos, Cigna, spoke in opposition to the bill. He responded to questions from the committee.



05:35 PM --
Robert Rush, United Health Care, spoke in opposition to the bill.



05:40 PM --
Dr. Mark Carvalho, Kaiser Permanente, spoke in opposition to the bill. He responded to questions from the committee.



05:47 PM --
Travis Berry, Colorado Competitive Council, spoke in opposition to the bill.



05:51 PM --
Loren Furman, Colorado Association of Commerce and Industry, spoke in opposition to the bill.



05:53 PM --
Jennifer Souders, Colorado Medical Group Management Association, spoke in support of the bill.



05:59 PM --
John Conklin, CMS, spoke in support of the bill. He responded to questions from the committee.



06:10 PM --
Betsy Murray, American Physical Therapy Association, spoke in support of the bill.



06:13 PM -- Brad Young, Rx Plus Pharmacies, spoke in support of the bill

BILL: SB17-088
TIME: 06:19:09 PM
MOVED: Williams A.
MOTION: Adopt amendment L.003 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170213 AttachG.pdf170213 AttachG.pdf


BILL: SB17-088
TIME: 06:19:27 PM
MOVED: Williams A.
MOTION: Adopt amendment L.004 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170213 AttachH.pdf170213 AttachH.pdf

BILL: SB17-088
TIME: 06:20:03 PM
MOVED: Williams A.
MOTION: Adopt amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170213 AttachI.pdf170213 AttachI.pdf




















BILL: SB17-088
TIME: 06:20:47 PM
MOVED: Williams A.
MOTION: Adopt amendment L.006 (Attachment J). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170213 AttachJ.pdf170213 AttachJ.pdf

BILL: SB17-088
TIME: 06:21:22 PM
MOVED: Williams A.
MOTION: Adopt amendment L.007 (Attachment K). The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



170213 AttachK.pdf170213 AttachK.pdf












BILL: SB17-088
TIME: 06:22:12 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-088, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-2.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
No
Williams A.
Yes
Neville T.
No
Tate
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



06:32 PM



The committee recessed.



06:35 PM -- SB 17-143




Senator Williams introduced Senate Bill 17-143, concerning the retail sale of alcohol beverages. The bill modifies state law regarding the retail sale of alcohol in several ways. Senator Williams provided amendment L.003 (Attachment L) to the committee.




170213 AttachL.pdf170213 AttachL.pdf



06:41 PM --
Micki Hackenberger, Wine & Spirits Wholesalers, spoke in support of the bill. She provided a handout to the committee (Attachment M). Ms. Hackenberger responded to questions from the committee.



170213 AttachM.pdf170213 AttachM.pdf



06:53 PM --
Alan Lewis, Natural Grocers, spoke in support of amendment L.002 (Attachment N). He responded to questions from the committee.



170213 AttachN.pdf170213 AttachN.pdf











06:58 PM --
Mary Lou Chapman, Rocky Mountain Food Industry Association, spoke in support of amendment L.002. She responded to questions from the committee.



07:14 PM --
Ms. Hackenberger returned to the table to respond to questions from the committee.



07:14 PM --
Patrick Maroney, Liquor Enforcement Division, responded to questions from the committee.



07:18 PM --
Jeanne McEvoy, Colorado Licensed Beverage Association (CLBA), spoke in support of the bill. She addressed previous testimony and responded to questions from the committee.



07:29 PM --
Scott Chase, Coloradans for S.A.F.E.T.Y. & CLBA, responded to questions from the committee.



07:31 PM



Senator Williams made closing comments on the merits of the bill.

BILL: SB17-143
TIME: 07:33:13 PM
MOVED: Williams A.
MOTION: Adopt amendment L.003. The motion passed without objection.
SECONDED:
VOTE
Jahn
Kerr
Priola
Smallwood
Williams A.
Neville T.
Tate
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-143
TIME: 07:33:35 PM
MOVED: Neville T.
MOTION: Adopt amendment L.002. The motion failed on a vote of 1-6.
SECONDED:
VOTE
Jahn
No
Kerr
No
Priola
No
Smallwood
No
Williams A.
No
Neville T.
Yes
Tate
No
YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL: SB17-143
TIME: 07:39:44 PM
MOVED: Williams A.
MOTION: Refer Senate Bill 17-143, as amended, to the Committee of the Whole. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Jahn
Yes
Kerr
Yes
Priola
Yes
Smallwood
Yes
Williams A.
Yes
Neville T.
Yes
Tate
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



07:40 PM



The committee adjourned.


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