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H_BUS_2018A 03/08/2018 01:31:55 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR
Date 03/08/2018
Attendance
Arndt X
Coleman X
Garnett *
Gray X
Liston X
Rosenthal X
Sandridge X
Sias X
Thurlow X
Van Winkle E
Williams D. E
Winter X
Kraft-Tharp X
Time 01:31:55 PM to 02:05:25 PM
Place LSB A
This Meeting was called to order by Kraft-Tharp
This Report was prepared by Elizabeth Burger
Hearing Items Action Taken
HB18-1248 Referred to the Committee of the Whole
SB18-138 Amended, referred to the Committee of the Whole
SB18-125 Referred to the Committee of the Whole

HB18-1248 - Referred to the Committee of the Whole


01:32:03 PM  

Representatives Kraft-Tharp and Sias introduced House Bill 18-1248.  Current law requires Colorado banks to protect the electronic fund transfers of each account holder and limits the account holder's liability for an unauthorized transfer to $50.  This bill broadens the protections to include any consumer who enters into a transaction primarily for personal, family or household purposes and incorporates federal regulations on electronic fund transfers into state statute.  Under the federal regulations, if a financial institution has provided the required disclosures to the consumer, the liability of a consumer for an unauthorized transfer is based on whether the consumer provides timely notice to the financial institution.  Failure to provide timely notice increases the consumer's liability for the unauthorized transfer.

01:33:25 PM  

Jenifer Waller, Colorado Bankers Association, testified in support of the bill.  She responded to questions from the committee.



01:44:14 PM
Motion Refer House Bill 18-1248 to the Committee of the Whole.
Moved Kraft-Tharp
Seconded Garnett
Arndt Yes
Coleman Yes
Garnett Yes
Gray Yes
Liston Yes
Rosenthal Yes
Sandridge Yes
Sias Yes
Thurlow Yes
Van Winkle Excused
Williams D. Excused
Winter Yes
Kraft-Tharp Yes
Final YES: 11   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



SB18-138 - Amended, referred to the Committee of the Whole


01:44:33 PM  
Representatives Gray and LIston introduced
Senate Bill 18-138.  Under current
law, alcohol cannot be transferred between two liquor licensees, and entities
licensed for off-premises consumption generally must purchase alcohol from
a wholesaler, with a few exceptions.  The bill allows certain licensees
to purchase alcohol inventory from a licensee whose license has been surrendered
or revoked.  In order for the alcohol inventory to be sold, there
must be common ownership between the seller and purchaser, and the seller
must:


•        have
surrendered its license or had it revoked within the last 60 days;


•        return
to the wholesaler all alcohol beverages that the seller purchased on credit;


•        first
offer the wholesaler a 30-day option to repurchase any alcohol initially
sold by the wholesaler;


•        possess
proof that all alcohol purchased from wholesalers has been paid in full;
and


•        sell
the alcohol inventory for only one licensed premises.




        The bill
defines common ownership to mean at least a 10 percent ownership interest
in both the seller and the purchaser's business, at the time one license
is surrendered or revoked. The state licensing authority may not promulgate
rules regulating the price of the inventory.  The seller may deliver
the alcohol to the purchaser, and the licensee that purchases the alcohol
must retain evidence of the purchase.

01:47:49 PM  
Nick Hoover, Colorado Restaurant Association,
testified in support of the bill and discussed the impetus behind the bill.
 Representative Liston distributed amendment L.002.  [Attachment
A].  Mr. Hoover responded to questions from the committee.
01:55:01 PM  
The committee discussed amendment L.002.


01:55:44 PM
Motion Adopt amendment L.002
Moved Liston
Seconded Gray
Arndt
Coleman
Garnett
Gray
Liston
Rosenthal
Sandridge
Sias
Thurlow
Van Winkle Excused
Williams D. Excused
Winter
Kraft-Tharp
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection
01:56:06 PM  
Representatives Liston and Gray gave concluding remarks regarding the bill.


01:57:38 PM
Motion Refer Senate Bill 18-138, as amended, to the Committee of the Whole.
Moved Liston
Seconded Garnett
Arndt Yes
Coleman Yes
Garnett Yes
Gray Yes
Liston Yes
Rosenthal Yes
Sandridge Yes
Sias Yes
Thurlow Yes
Van Winkle Excused
Williams D. Excused
Winter Yes
Kraft-Tharp Yes
Final YES: 11   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



SB18-125 - Referred to the Committee of the Whole


01:57:43 PM  

Rep. Lee introduced Senate Bill 18-125. This bill requires title insurance companies and agents to hold funds belonging to others in a fiduciary capacity and the Commissioner of Insurance to promulgate rules to that effect.  A violation of this provision is an unfair or deceptive act.  He responded to questions from the committee.

02:01:05 PM  
Peg Brown, Colorado Division of Insurance, responded to questions from the committee.


02:05:11 PM
Motion Refer Senate Bill 18-125 to the Committee of the Whole.
Moved Gray
Seconded Winter
Arndt Yes
Coleman Yes
Garnett Yes
Gray Yes
Liston Yes
Rosenthal Yes
Sandridge Yes
Sias Yes
Thurlow Yes
Van Winkle Excused
Williams D. Excused
Winter Yes
Kraft-Tharp Yes
Final YES: 11   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS


02:05:25 PM   Committee Adjourned